PM&DC of­fice-bear­ers foil take over at­tempt

Pakistan Observer - - INTERNATIONAL -

ISLAMABAD—PM&DC of­fice bear­ers on Tues­day foiled at­tempt by a group of doc­tors to seiz the of­fice of the coun­cil.

The mem­bers and of­fice bear­ers of the Coun­cil while per­form­ing their law­ful func­tions in PMDC, some in­di­vid­ual doc­tors came to the of­fice. They un­cer­e­mo­ni­ously de­manded to im­me­di­ately han­dover of­fice of PMDC to them. They claimed that they are au­to­mat­i­cally re­stored to the po­si­tion as the case was in 2014 when the Or­di­nance III of 2014 was dis­ap­proved by the Se­nate of Pak­istan on 23.4.2014.

The of­fice hold­ers the Coun­cil, af­ter lis­ten­ing to them dis­agreed with their view­point, on the fol­low­ing ac­count:

The judg­ment of Supreme Court of Pak­istan in C.P. 10/ 2014 de­clared vac­uum in the PMDC as a con­se­quence of dis­ap­proval of the Or­di­nance III of 2014 by the Se­nate and or­dered as un­der:

“As far back as 20.3.2014 the Pak­istan Med­i­cal and Den­tal Coun­cil com­pris­ing elected mem­bers was dis­solved through an Or­di­nance. The dis­so­lu­tion of the Coun­cil cre­ated a vac­uum. An at­tempt was made to fill this vac­uum by con­sti­tut­ing a man­age­ment com­mit­tee on 20.03.2014 pur­suant to sec­tion 2(2) of the Pak­istan Med­i­cal and Den­tal Coun­cil (Amend­ment) Or­di­nance (No.III) of 2014. How­ever, the amend­ing Or­di­nance was dis­ap­proved by the Se­nate of Pak­istan on 23.4.2014. As a con­se­quence, the vac­uum and un­cer­tainly came to pre­vail in re­spect of med­i­cal col­leges, med­i­cal de­gree, etc.

The Hon’able Supreme Court of Pak­istan, in th­ese cir­cum­stances, di­rected to the Fed­eral Gov­ern­ment to take steps to fill in the vac­uum. In this back­drop, the PMDC Or­di­nance XI of 2015 was pro­mul­gated on 28.08.2015 and ex­tended for a fur­ther pe­riod w.e.f 26th De­cem­ber, 2015. In pur­suance of the Or­di­nance, free and fair elec­tions of the Coun­cil have been con­ducted; the Pres­i­dent and Vice Pres­i­dent, Ex­ec­u­tive Com­mit­tee and mem­bers of the Coun­cil have been elected. Ac­cord­ingly, the Fed­eral Gov­ern­ment, by no­ti­fi­ca­tion in the of­fi­cial Gazette, con­sti­tuted the Coun­cil for a pe­riod of four years. Now, the Coun­cil has been per­form­ing its reg­u­la­tory func­tions un­der the law.

Mean­time, PMDC Amend­ment Bill, 2016 has been unan­i­mously ap­proved by the Na­tional Assem­bly on 16th March, 2016 and the same Bill is pend­ing in the Se­nate of Pak­istan.

On the other hand, the PM&DC Or­di­nance, 2015 (XI of 2015) stood re­pealed by the 25th April, 2016. Legally speak­ing, Ar­ti­cle 264 of the Con­sti­tu­tion clearly laid down that any­thing duly done or suf­fered un­der the Or­di­nance XI of 2015 is pro­tected; there­fore, Pres­i­dent and mem­bers of the Coun­cil are to hold the of­fice for a term of four years as no­ti­fied by the Fed­eral Gov­ern­ment.

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