ALLOPATHIC SYSTEM (PREVENTION OF MISUSE) ORDINANCE, 1962
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ALLOPATHIC SYSTEM (PREVENTION OF MISUSE) ORDINANCE, 1962 (LXV of 1962)
TEXT THE ALLOPATHIC SYSTEM (PREVENTION OF MISUSE) ORDINANCE, 1962 (LXV of 1962) [7th June, 1962] An Ordinance to prevent the misuse of the allopathic system of medicine and to provide for matters connected therewith. Preamble.– Whereas it is expedient to prevent the misuse of the allopathic system of medicine and to provide for matters connected therewith; Now, therefore, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:–
Section 1. Short title, extent and commencement
(1) This Ordinance may be called the Allopathic System (Prevention of Misuse) Ordinance, 1962.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
Section 2. Definition
In this Ordinance, unless there is anything repugnant in the subject or context, "registered medical practitioner" means a person registered under the 1[Medical and Dental Council Ordinance, 1962.]
Section 3. Prohibition of the use of the word "doctor" and its variations, etc
No person practising the allopathic, homoeopathic, ayurvedic, unani or any other system of medicine shall use with his name or address or with the name or address of his business the word "doctor" or any of its grammatical variations, cognate expressions or abbreviations so as to give out that he is entitled to practise medicine unless he is a registered medical practitioner:
Provided that nothing in this section shall apply to a person on whom a Doctor's degree other than medical degree has been conferred by any university in or outside Pakistan.
Section 4. Prohibition of the use of medical degrees or diplomas
No person shall use a medical degree or a medical diploma to give out that he is a qualified medical practitioner or for any purpose connected with medical practice, unless such degree or diploma has been conferred or awarded by a university or institution in or outside Pakistan recognized under the 2[Medical and Dental Council Ordinance, 1962.]
1Substituted by the Federal Laws (Revision and Declaration ) Ordinance, 1981 (27 of 1981 ), s. 3 and Sch. II, for ”Medical Council’s Ordinance, 1962”.
2Substituted by the Federal Laws (Revision and Declaration ) Ordinance, 1981 (27 of 1981 ), s. 3 and Sch. II, for ”Medical Council’s Ordinance, 1962”.
Section 5. Prohibition of performing surgical operations by unqualified persons
No person other than a registered medical practitioner shall perform any surgical operation other than circumcision, incision of boils and administration of injections.
Section 6. Prohibition for prescribing certain drugs
No person other than a registered medical practitioner or a person authorized in this behalf by the 3[Provincial Government] shall prescribe any antibiotic or dangerous drug specified in the rules made under this Ordinance.
Section 7. Restriction on the sale of patent and proprietary medicines
No person shall sell in the market any patent or proprietary medicine of the unani, ayurvedic, homoeopathic or biochemic system of medicine, unless there is displayed, in a conspicuous and readily intelligible manner, on the label or container thereof and also on the outer cover of the container (other than ordinary wrapper), the true formula of the medicine contained in it.
Section 8. Rule-making powers of the Provincial Government
The 4[Provincial Government] may make rules 5 for carrying out the purposes of this Ordinance.
Section 9. Penalty
Whoever contravenes the provisions of section 3 or section 4 or section 5 or section 6 or section 7 shall be punishable with imprisonment which may extend to one year or with fine not exceeding two thousand rupees, or with both.
Section 10. Jurisdiction
(1) No prosecution shall be instituted under this Ordinance except by an Inspector appointed under the 6[Drugs Act, 1976] or by a person specially empowered by the 7[Provincial Government] in this behalf.
(2) No Court inferior to that of a Magistrate of the first class shall try an offence punishable under this Ordinance and notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for such Magistrate to pass any sentence of fine to the extent provided for by this Ordinance in excess of his powers under the said section 32.
Section 11. Protection
No suit or proceeding shall lie against any Inspector or person acting in good faith under section 10 of this Ordinance.
3Substituted by A.O., 1964, AQrt.2 and Sch., for “Government”.
4Substituted ibid., for “Central Government”.
5For such Rules, see West Pakistan Gazette, 1966, Ext., pp. 401-404
6Substituted by the Federal Laws (Revision and Declaration ) Ordinance, 1981 (27 of 1981 ), s. 3 and Sch. II, for ”Drugs Act, 1940”
7Substituted ibid., for “Central Government”.
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CONTENTS 1. Short title, extent and commencement 2. Definition 3. Prohibition of the use of the word "doctor" and its variations, etc 4. Prohibition of the use of medical degrees or diplomas 5. Prohibition of performing surgical operations by unqualified persons 6. Prohibition for prescribing certain drugs 7. Restriction on the sale of patent and proprietary medicines 8. Rule-making powers of the Central Government 9. Penalty 10. Jurisdiction 11. Protection
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ALLOPATHIC SYSTEM (PREVENTION OF MISUSE)
ORDINANCE, 1962
(LXV of 1962)
CONTENTS
1. Short title, extent and commencement
2. Definition
3. Prohibition of the use of the word "doctor" and its variations, etc
4. Prohibition of the use of medical degrees or diplomas
5. Prohibition of performing surgical operations by unqualified persons
6. Prohibition for prescribing certain drugs
7. Restriction on the sale of patent and proprietary medicines
8. Rule-making powers of the Central Government
9. Penalty
10. Jurisdiction
11. Protection
TEXT
THE ALLOPATHIC SYSTEM (PREVENTION OF MISUSE) ORDINANCE,
1962
(LXV of 1962)
[7th June, 1962]
An
Ordinance
to prevent the misuse of the allopathic system of medicine and to provide for matters
connected therewith.
Preamble.– Whereas it is expedient to p revent the misuse of the allopathic system
of medicine and to provide for matters connected therewith;
Now, therefore , in pursuance of the Proclamation of the seventh day of
October, 1958, and in exercise of all powers enabling him in that behalf, the
President is pleased to make and promulgate the following Ordinance:–
1. Short title, extent and commencement .– (1) This Ordinan ce may be called
the Allopathic System (Prevention of Misuse) Ordinance, 1962.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Definition.– In this Ordinance, unless there is anything repugnant in the
subject or context, "registered medical practitioner" means a person registered under
the
1
[Medical and Dental Council Ordinance, 1962.]
3. Prohibition of the use of the word "doctor" and its variations, etc. – No
person practising the allopathic, homoeopathic, ayurvedic, unani or any other system
of medicine shall use with his name or address or with the name or address of his
business the word "doctor" o r any of its grammatical variations, cognate expressions
or abbreviations so as to give out that he is entitled to practise medicine unless he is
a registered medical practitioner:
Provided that nothing in this section shall apply to a person on whom a
Doctor's degree other than medical degree has been conferred by any university in
or outside Pakistan.
4. Prohibition of the use of medical degrees or diplomas. – No person shall
use a medical degree or a medical diploma to give out that he is a qualified medi cal
practitioner or for any purpose connected with medical practice, unless such degree
or diploma has been conferred or awarded by a university or institution in or outside
Pakistan recognized under the
2
[Medical and Dental Council Ordinance, 1962.]
1Substituted by the Federal Laws (Revision and Declaration ) Ordinance, 1981 (27 of 1981 ), s. 3 and Sch. II, for ”Medical
Council’s Ordinance, 1962”.
2Substituted by the Federal Laws (Revision and Declaration ) Ordinance, 1981 (27 of 1981 ), s. 3 and Sch. II, for ”Medical
Council’s Ordinance, 1962”.
5. Prohibition of performing surgical operations by unqualified persons. –
No person other than a registered medical practitioner shall perform any surgical
operation other than circumcision, incision of boils and administration of injections.
6. Prohibition f or prescribing certain drugs. – No person other than a
registered medical practitioner or a person authorized in this behalf by the
3
[Provincial Government] shall prescribe any antibiotic or dangerous drug specified in
the rules made under this Ordinance.
7. Restriction on the sale of patent and proprietary medicines. – No person
shall sell in the market any patent or proprietary medicine of the unani, ayurvedic,
homoeopathic or biochemic system of medicine, unless there is displayed, in a
conspicuous and rea dily intelligible manner, on the label or container thereof and
also on the outer cover of the container (other than ordinary wrapper), the true
formula of the medicine contained in it.
8. Rule-making powers of the Provincial Government. – The
4
[Provincial
Government] may make rules
5
for carrying out the purposes of this Ordinance.
9. Penalty.– Whoever contravenes the provisions of section 3 or section 4 or
section 5 or section 6 or section 7 shall be punishable with imprisonment which may
extend to one year or with fine not exceeding two thousand rupees, or with both.
10. Jurisdiction.– (1) No prosecution shall be instituted under this Ordinance
except by an Inspector appointed under the
6
[Drugs Act, 1976] or by a person
specially empowered by the
7
[Provincial Government] in this behalf.
(2) No Court inferior to that of a Magistrate of the first class shall try an
offence punishable under this Ordinance and notwithstanding anything contained in
section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for such
Magistrate to pass any sentence of fine to the extent provided for by this Ordinance
in excess of his powers under the said section 32.
11. Protection.– No suit or proceeding shall lie against any Inspector or person
acting in good faith under section 10 of this Ordinance.
3Substituted by A.O., 1964, AQrt.2 and Sch., for “Government”.
4Substituted ibid., for “Central Government”.
5For such Rules, see West Pakistan Gazette, 1966, Ext., pp. 401-404
6Substituted by the Federal Laws (Revision and Declaration ) Ordinance, 1981 (27 of 1981 ), s. 3 and Sch. II, for ”Drugs Act,
1940”
7Substituted ibid., for “Central Government”.This law in the library
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Section 3
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overnment. – The 4 [Provincial Government] may make rules 5 for carrying out the purposes of this Ordinance. 9. Penalty.– Whoever contravenes the provisions of section 3 or section 4 or section 5 or section 6 or section 7 shall be punishable with imprisonment which may extend to one year or with fine not exceeding two thousand rupees, or with both. 10. Jurisdiction.– (1) No prosecution sha
Section 4
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The 4 [Provincial Government] may make rules 5 for carrying out the purposes of this Ordinance. 9. Penalty.– Whoever contravenes the provisions of section 3 or section 4 or section 5 or section 6 or section 7 shall be punishable with imprisonment which may extend to one year or with fine not exceeding two thousand rupees, or with both. 10. Jurisdiction.– (1) No prosecution shall be institu
Section 5
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ncial Government] may make rules 5 for carrying out the purposes of this Ordinance. 9. Penalty.– Whoever contravenes the provisions of section 3 or section 4 or section 5 or section 6 or section 7 shall be punishable with imprisonment which may extend to one year or with fine not exceeding two thousand rupees, or with both. 10. Jurisdiction.– (1) No prosecution shall be instituted under this
Section 6
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nment] may make rules 5 for carrying out the purposes of this Ordinance. 9. Penalty.– Whoever contravenes the provisions of section 3 or section 4 or section 5 or section 6 or section 7 shall be punishable with imprisonment which may extend to one year or with fine not exceeding two thousand rupees, or with both. 10. Jurisdiction.– (1) No prosecution shall be instituted under this Ordinance e
Section 7
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ke rules 5 for carrying out the purposes of this Ordinance. 9. Penalty.– Whoever contravenes the provisions of section 3 or section 4 or section 5 or section 6 or section 7 shall be punishable with imprisonment which may extend to one year or with fine not exceeding two thousand rupees, or with both. 10. Jurisdiction.– (1) No prosecution shall be instituted under this Ordinance except by an I
Section 32
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cedure, 1898, it shall be lawful for such Magistrate to pass any sentence of fine to the extent provided for by this Ordinance in excess of his powers under the said section 32. 11. Protection.– No suit or proceeding shall lie against any Inspector or person acting in good faith under section 10 of this Ordinance. 3Subs
Section 10
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ance in excess of his powers under the said section 32. 11. Protection.– No suit or proceeding shall lie against any Inspector or person acting in good faith under section 10 of this Ordinance. 3Substituted by A.O., 1964, AQrt.2 and Sch., for “Government”. 4Substituted ibid., for “Central Government”. 5For such Rules,
Provisions explicitly cited in other instruments 1
Section 32 of Code of Criminal Procedure (CrPC), 1898 (Under Review)
Cited by ALLOPATHIC SYSTEM (PREVENTION OF MISUSE) ORDINANCE, 1962
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f. (2) No Court inferior to that of a Magistrate of the first class shall try an offence punishable under this Ordinance and notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for such Magistrate to pass any sentence of fine to the extent provided for by this Ordinance in excess of his powers under the said section 32. 11. Protection.– No suit or proceeding shall lie against a
Target heading · Code of Criminal Procedure (CrPC), 1898 (Under Review)
32. Sentences which Magistrates may pass. __ (1) The Courts of Magistrates may pass the following sentences, namely:__ (a) Courts 1 [* * *] of Magistrates of the first class: Imprisonment for a term not exceeding 2[Three years] including such solitary confinement as is authorized by law; Fine not exce
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