Updated: Tuesday March 04, 2014/AthThulatha Jamada El Oula 03, 1435/Mangalavara Phalguna 13, 1935, at 05:51:32 PM

The Azad Jammu and Kashmir Medical and Dental Council (Adaptation) Ordinance, 2012

 

[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 Kashmir

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 Jammu and Kashmir is satisfied that circumstances exist which render it necessary to take immediate action;

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 Kashmir;”

(ii)    In clause (d), between the words “Pakistan” and comma, the words “AJ&K” shall be inserted.

(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 Jammu and Kashmir;”

(iv)   Clause (f) shall be substituted as under:---

“(f)        “Pakistan or AJ&K University” means any university established by laws of Pakistan or AJ&K having a medical or dental faculty or both;”

(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 “Pakistan” and “University”, the words “or AJ&K” shall be inserted.

(iii)   In clause (f), between the words “Pakistan” and “from”, the words “or AJ&K” shall be inserted.

(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 “Pakistan” and “for”, the words “or AJ&K” shall be inserted.

(e)       In Section 11, 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.

(f)        In Section 12, between the words “Pakistan” and “which”, the words “or AJ&K” shall be inserted.

(g)       In Section 13, in sub-section (1), between the words “Pakistan” and “for”, the words “or AJ&K” shall be inserted.

(h)       In Section 14, in sub-section (1), between the words “Pakistan” and “shall”, the words “or AJ&K” shall be inserted.

(i)       In Section 15, between the word “Pakistan” and comma, occurring twice, the words “or AJ&K” shall be inserted at both places.

(j)        In Section 16, in sub-section (1), between the words “Pakistan” and “which”, the words “or AJ&K” shall be inserted.

(k)       In Section 17, between the words “Pakistan” and “which”, the words “or AJ&K” shall be inserted.

(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 ‘Pakistan’ and comma, the words “or AJ&K” shall be inserted at both places.

(n)       In Section 21, in sub-section (1), between the words “Pakistan” and “for”, the words “or AJ&K” shall be inserted.

(o)       In Section 22, in sub-section (1), between the words “Pakistan” and “in”, the words “or AJ&K” shall be inserted.

(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 Kashmir

 

 

 

(Sardar Rashid Kaleem)

Section Officer Law

 

Go to Index | LL. B. – I | LL. B. – II | LL. B. – III | LL. B. Directory | Home