Updated: Friday March 11, 2016/AlJumaa
Jamada El Thaniah 02, 1437/Sukravara
Phalguna 21, 1937, at 05:14:22 PM
The
ORDINANCE NO. XX OF 1962
[19th May, 1962]
An Ordinance to establish a
WHEREAS it is expedient to establish a
College of Physicians and Surgeons in Pakistan for maintaining high principles
of medical profession, promoting specialists medical practice, arranging
post-graduate medical training, and for matters ancillary thereto;
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 Ordinance may
be called the Pakistan College of Physicians and Surgeons Ordinance, 1962.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions. In this Ordinance, unless there is anything repugnant
in the subject or context,---
(a) “College”
means the Pakistan College of Physicians and Surgeons established under section
3;
(b) “Council”
means the Council of the College constituted under section 6;
(c) “Fellow”
means a Fellow of the College;
(d) “prescribed”
means prescribed by rules made under section 19.
3. Establishment of the College.-(1) As soon as may be after the commencement of this
Ordinance, there shall be established a College, to be called the Pakistan
College of Physicians and Surgeons.
(2) The College shall be a body
corporate, having perpetual succession and a common seal, with power to
acquire, hold and dispose of property, both movable and immovable, and shall,
by the said name, sue and be sued.
4. Fellows of the College. The College shall consist of the following persons
who shall be called the Fellows of the College, namely:-
(a) persons, who have post-graduate medical
qualifications with experience in teaching, research or public health
administration, or who have attained eminence in any branch of medical science
or public health administration, to be appointed as Fellows by the 1[Federal
Government] when the College is first established under section 3 ;
(b) persons
elected as Fellows under clause (g) of sub-section (2) of section 9; and
(c) persons
who have passed the Fellowship examination and are admitted as Fellows by the
Council.
5. Functions of the College. The following shall be the functions of the College,
namely:---
(1) to promote specialist practice of
medicine, surgery, gynaecology and obstetrics and such other specialities by
securing improvement of teaching and training in hospitals and hospital
methods;
(2) to arrange post-graduate medical,
surgical and other specialists training;
(3) to hold and conduct examinations
for grant of diplomas and admission to the Fellowship of the College;
(4) to provide for research;
(5) to bring together the physicians,
surgeons and other specialists of
(6) to do all acts and things as it may
consider necessary to carry out the purposes of this Ordinance.
6. The Council.-(1) There shall be constituted a Council of the
College consisting of twenty members elected, in the prescribed manner, by the
Fellows from amongst themselves:
Provided that the first Council shall
consist of twenty members appointed from amongst the Fellows as follows:-
(a) eight
members appointed by the 1[Federal
Government];
(b) six
members appointed by the Government of East Pakistan; and
(c) six
members appointed by the Government of West Pakistan.
(2) A member of the Council shall, subject
to his continuance as a Fellow, hold office for a period of four years and
shall be eligible for a re-election and in the case of the first members, for
election.
(3) A casual vacancy in the office of
the members of the Council shall be filled by appointment or election according
as the member whose vacancy is being filled was appointed or elected and the
person so appointed or elected shall hold office for the unexpired period of
the term of his predecessor.
1Subs. by F.A.O., 1975, Art. 2 and Table,
for “Central Government”.
7. Election of Office-bearers.-(1) The members of the Council shall elect, in the
prescribed manner, from amongst themselves a President, two Vice-Presidents
and a Treasurer:---
Provided that the first President shall
be appointed by the 1[Federal
Government] from amongst the members of the Council.
(2) The President, Vice-President and
the Treasurer shall hold office for a period of one year but each shall
continue in office after the expiry of his term until his successor is elected
and shall be eligible for re-election and in the case of the first President,
for election.
(3) Any dispute relating to the
election under sub-section (1) shall be referred to the 1[Federal
Government] whose decision thereon shall be final.
8. Secretary.__(1) The Council shall appoint a Secretary on such
terms and conditions as it may think fit.
(2) The Secretary may attend and take
part in the proceedings of the Council but shall not be entitled to vote.
9. Powers of the Council.__(1) The general direction and administration of the
affairs of the College shall vest in the Council which may exercise all such
powers and do all such acts and things as may be exercised or done by the
College.
(2) In particular and without prejudice
to the generality of the foregoing power, the Council may,---
(a) lay down
the powers and functions of the officers of the College;
(b) hold
examinations for the grant of Diplomas and admission to Fellowship of the
College;
(c) appoint
Boards of Examiners to conduct examination in different subjects;
(d) appoint
Committees of the Council and lay down the powers and functions of such
Committees;
(e) appoint
auditors and other officers and employees of the College;
(f) admit as
Fellows the persons who have passed Fellowship examination and signed the
prescribed pledge;
(g) elect as
Fellows, in the prescribed manner, from amongst the distinguished medical
graduates of not less than twenty years standing subject to the rules:---
1Subs. by F.A.O., 1975, Art. 2 and Table,
for “Central Government”.
Provided
that, except during the first two years, not more than two persons shall be
elected as Fellows, in any one year;
(h) admit,
subject to rules made in this behalf, distinguished persons as honorary Fellows
of the College:
Provided that no physician or surgeon practising in
(i) lay down
fees, subscription and other charges for Fellowship, admission to examination
and for such other matter as it may think fit; and
(j) do all
such acts and things as may be necessary for the performance of the functions
of the College.
10. Expulsion of Fellows.__(1) Where the Council is of the opinion that a Fellow
is guilty of misconduct or of any conduct derogatory to the dignity of a Fellow
and the interest of the College requires his expulsion from the Fellowship of
the College, the Council may expel such Fellow by a resolution at a meeting
specially called for the purpose passed by not less than two-thirds of the
total number of members of the Council.
(2) The Council may also expel a Fellow
for any other reason by a resolution at a meeting called for the purpose passed
unanimously by all the members of the Council.
(3) The notice of every meeting called
under sub-section (1) or sub-section (2) shall be given to the Fellow who is
proposed to be expelled together with a statement of charges against him and
every such Fellow shall be entitled to submit an explanation of his conduct in
writing and also to attend the meeting of the Council and show cause against
his expulsion.
11. The Executive Committee.__(1) There shall be an Executive Committee of the
Council consisting of the President, the Vice-President, the Treasurer, the
Secretary and two members elected by the members of the Council from amongst
themselves.
(2) The Executive Committee shall
exercise and perform such powers and functions of the Council in the management
and conduct of the affairs of the College as may be entrusted to it by
resolution of the Council or as the President may, in the case of emergency,
require the Executive Committee to exercise and perform.
12. Funds.__(1) All receipts of the College from any source whatever
shall constitute the College Fund which shall be applied, subject to any rules
made in this behalf, by the Council to meet all expenditure for the
administration and management of the affairs of the College.
(2) The Council shall make disbursement
of College Funds by cheques signed by the Treasurer and the Secretary or by one
member of the Executive Committee and the Secretary or by any two members of
the Executive Committee.
13. Common Seal. The common seal of the College shall be deposited at
the office of the Council and shall not be used except by the authority of the
Executive Committee and in the presence of two members of the Executive
Committee and the Secretary each of whom shall append his signature to the
documents on which the common seal is affixed.
14. Accounts and audit. The Council shall maintain in the prescribed manner
the accounts of all receipt and expenditure of the College and such account
shall be audited annually by such auditors as may be appointed by it in this
behalf.
15. Budget and Annual Report.__(1) The Council shall, before the close of every
financial year, prepare an annual report of the working of the Council and a
statement of the estimate of the receipts and expenditure of the College for
the next succeeding financial year, and present at the Annual Meeting of the
College the report and the statement which may be discussed at the meeting.
(2) After the close of the Annual
Meeting of the College, the Council shall approve the estimate of receipts and
expenditure, with or without modification.
16.
Meeting of the College.__(1) The Council shall, before the close of every
financial year, call at such time and place as it may think fit the annual
meeting of the College,---
(a) to
receive and consider the annual report presented by the Council;
(b) to
receive and discuss the statement of the estimate of receipt and expenditure of
the College for the next succeeding financial year; and
(c) to
transact such other business as the Council and the Fellows may think fit.
(2) The Council may also from time to
time call general meetings of the Fellows for the purposes of providing
information or for discussion of matters concerning the welfare of the College
and the Fellows and such other matters within the scope of the objects of the
College as the Council may think fit to present at such general meeting.
17. The President, etc., of the
Council to be public servant. The
President and other members of the, Council, and every officer and servant of
the College acting or purporting t to act under this Ordinance, shall be deemed
to be public servants within the meaning of section 21 of the Pakistan Penal
Code (Act XLV of 1860).
18. Bar to suits, etc., No suit, prosecution of other legal proceedings shall
lie against the College, Council or any person for anything which is in good
faith done or intended to be done under this Ordinance.
19. Power to make rules. The Council may make rules for carrying out the purposes
of this Ordinance.
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