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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”.

Print contents from the source
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”.
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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

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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

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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

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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

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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

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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

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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,

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Section 32 of Code of Criminal Procedure (CrPC), 1898 (Under Review)

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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

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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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ALLOPATHIC SYSTEM (PREVENTION OF MISUSE) ORDINANCE, 1962
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