Updated: Tuesday March 04, 2014/AthThulatha
Jamada El Oula 03, 1435/Mangalavara
Phalguna 13, 1935, at 05:51:32 PM
The Azad
Jammu and
[Ordinance LXXI of 2012]
Law, Justice, Parliamentary Affairs and
Human Rights Department
***
“Muzaffarabad”
Dated: 27-11-2012.
No.LD/Legis-Ord/762-72/2012
The following Ordinance made by the President on the 13th day of
November, 2012, is hereby published for general information.
An Ordinance to
adapt and enforce the Medical and Dental Council Ordinance, 1962
(Ordinance XXXII of 1962), in Azad Jammu and
Whereas
it is expedient to promote and regulate the law relating to registration of
medical practitioners and dentists, in order to establish a uniform minimum
standard of basic and higher qualification in medicine and dentistry and to
provide a law for adaptation of Medical and Dental Council Ordinance, 1962
(Ordinance XXXII of 1962) of Pakistan and for matters connected therewith or
ancillary thereto;
And whereas,
the Legislative Assembly is not in session and the President of Azad
Now, therefore,
in exercise of powers conferred by sub-section (1) of Section 41 of the Azad
Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to
make and promulgate the following Ordinance:-
1. Short title and Commencement.- (1) This Ordinance may be called the Azad
Jammu and Kashmir Medical and Dental Council (Adaptation) Ordinance,
2012.
(2)
It shall come into force at once and shall be deemed to have effect from 20.11.2012.
2. Adaptation of the Medical and Dental Council
Ordinance 1962 (Ordinance XXXII of 1962).- The Medical and Dental Council Ordinance,
1962 (Ordinance XXXII of 1962), of Pakistan, hereinafter referred to as the “said
Ordinance” and all rules, regulations, notifications, circulars, guidelines
etc. made thereunder and enforced in Pakistan immediately before the
commencement of the Ordinance, are hereby adapted mutatis mutandis and shall,
as far as practicable, be enforced in Azad Jammu and Kashmir subject to the
following modifications,-
(a)
In Section 2,
(i)
Existing clause (a) shall be renumbered as clause (aa) and before that
following new clause (a) shall be added as under:---
“(a)
“AJ&K” means Azad Jammu and
(ii)
In clause (d), between the words “
(iii)
After clause (d), amended as above, following new clause (dd) shall be added as
under:-
“(dd)
“Government of AJ&K” means Azad Government of the State of
(iv)
Clause (f) shall be substituted as under:---
“(f)
“
(b)
In Section 3, in sub-section (1),
(i)
In the clause (aa) between the words “Provincial Government” and semi-colon,
the words “and Government of AJ&K” shall be inserted.
(ii)
In clause (b), between the words “
(iii)
In clause (f), between the words “
(c)
In Section 5, in sub-section (2), before the full stop at the end, the word “or
AJ&K” shall be added.
(d)
In Section 7, in the first proviso of sub-section (2), between the words “
(e)
In Section 11, in sub-section (1) and sub-section (2), between the words “
(f)
In Section 12, between the words “
(g)
In Section 13, in sub-section (1), between the
words “
(h)
In Section 14, in sub-section (1), between the words “
(i)
In Section 15, between the word “
(j)
In Section 16, in sub-section (1), between the words “
(k)
In Section 17, between the words “
(l)
In Section 18, in sub-section (1) and sub-section (2), between the words “Pakistan”
and “which”, the words “or AJ&K” shall be inserted at both places.
(m)
In Section 19 and Section 20, between the word ‘
(n)
In Section 21, in sub-section (1), between the words “
(o)
In Section 22, in sub-section (1), between the words “
(p)
In Section 27, the words and figures “Evidence Act, 1872” shall be substituted
by words and figures “Qanoon-e-Shahadat Order, 1984 as adapted in AJ&K”.
(q)
In Section 30,
(i)
in sub-section (2),before the full stop at the end, the words “or AJ&K”
shall be added.
(ii)
in sub-section (3), the words and figures “Evidence Act, 1872” shall be
substituted by words and figures “Qanoon-e-Shahadat Order, 1984 as adapted in
AJ&K”.
(r)
Section 32 shall be substituted as under:-
“32. Indemnity.- No
suit, prosecution or other legal proceedings shall lie against the Government
of Pakistan or Government of AJ&K, the Council or any committee thereof, or
any officer or servant of the Government of Pakistan, Government of AJ&K or
Council for anything which is done or intended to be done in good faith under
this Ordinance.”
3. Authorization of the Council.- Subject to overall control of the Government
of AJ&K, the Medical and Dental Council established in Pakistan under
Section 3 of the said Ordinance shall be deemed to be authorized for
performance of its functions under the said Ordinance as adapted in Azad Jammu
and Kashmir.
4. Removal of difficulties.- If any difficulty or question
arises in giving effect to the provisions of this Ordinance, or in regard to
the constructions to be placed for adaptations, the Government of AJ&K may,
from time to time, make such provisions or give such directions as appear to be
necessary for the purpose of removing such difficulty.
5. Savings.-
Notwithstanding any judgment of Supreme Court or High Court, all actions taken,
decisions made, orders passed, notifications issued, proceedings initiated,
elections held etc. which have been visualized by the said Ordinance, before
the commencement of this Ordinance in AJ&K, shall be deemed to have been
validly taken, made, passed, issued, initiated under this Ordinance.
-sd-
President
Azad Jammu and
(Sardar Rashid Kaleem)
Section Officer Law
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