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THE ALLOPATHIC SYSTEM (PREVENTION OF MISUSE) ORDINANCE, 1962

THE ALLOPATHIC SYSTEM (PREVENTION OF MISUSE) ORDINANCE, 1962

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THE ALLOPATHIC SYSTEM (PREVENTION OF MISUSE) ORDINANCE, 1962

 

The Allopathic System (Prevention of Misuse) Ordinance of 1962 is a significant piece of legislation in Pakistan that is designed to regulate the practice of allopathic medicine, ensuring that it is conducted by qualified and licensed medical professionals. Allopathic medicine refers to the conventional medical system based on scientific principles and the use of pharmaceutical drugs for the treatment of diseases. This ordinance aims to prevent the misuse of the allopathic system by individuals who are not authorized medical practitioners and to safeguard public health and safety.

PREAMBLE.

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 proprietory medicines

8 Rule­making powers of the Provincial Government

9 Penalty

10 Jurisdiction

11 Protection

1 of 4

THE ALLOPATHIC SYSTEM (PREVENTION OF MISUSE) ORDINANCE, 1962.

ORDINANCE NO. 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.

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:­

  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.

  1. 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 (XXXII of 1962)].

  1. 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.

  1. 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

1

[Medical and

Dental Council Ordinance, 1962 (XXXII of 1962)].

1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II, for “Medical Council’s Ordinance, 1962”.

2 of 4

  1. 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.

  1. Prohibition for prescribing certain drugs. No person other than a registered medical

practitioner or a person authorized in this behalf by the

1

[Provincial Government] shall prescribe any

antibiotic or dangerous drug specified in the rules made under this Ordinance.

  1. Restriction on the sale of patent and proprietory medicines. No person shall sell in the

market any patent or proprietory medicine of the unani, ayurvedic, homoeopathic or biochemic

system of medicin, 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 wraper),

the true formula of the medicine contained in it.

  1. Rule­making powers of the Provincial Government. The

2

[Provincial Government] may

make rules 3

for carrying out the purposes of this Ordinance.

  1. 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.

  1. Jurisdiction.­(1) No prosecution shall be instituted under this Ordinance except by an

Inspector appointed under the

4

[Drugs Act, 1976 (XXXI of 1976)] or by a person specially

empowered by the

2

[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 (Act V of 1976), 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.

  1. Protection. No suit or proceeding shall lie against any Inspector or person acting in good faith

under section 10 of this Ordinance.

______

1 Subs. by A.O., 1964, Art. 2 and Sch., for “Government”.

2Subs. ibid., for “Central Government”.

3For such Rules, see West Pakistan Gazette, 1966, Ext., pp. 401­404.

4Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for “Drugs Act, 1940”.

 

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