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Amendment of section 41 of the principal enactment.
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3. Section 41 of the principal enactment is hereby amended as follows:-
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(1) in subsection (1) of that section –
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(a) by the substitution, for paragraph (cc), of the following new paragraph:
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” (cc) any estate apothecary or apothecary who is registered under subsection (2A) of this section as being entitled to practise medicine and surgery and whose name is for the time being in the register mentioned under that subsection ; ” ; and
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(b) by the insertion, immediately after paragraph (cc), of the following paragraph :
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” (ccc) any Government apothecary who is registered under subsection (2B) of this section as being entitled to practise medicine and surgery and whose name is for the time being in the register maintained under that subsection;” ;
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(2) by the repeal of subsection (2) of that section and the substitution of the following new subsection therefor :
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(2) Any Government apothecary, whether he is in the service of the Government or has ceased to be in such service, may, on production of a certificate from the Director of Health Services to the effect that he-
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(a) has or had been employed as an apothecary in the public service for an aggregate period of at least fifteen years; and
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(b) has or had within such period, served in one or more hospitals under one or more medical practitioners for an aggregate period of at least two years; and practitioners for an aggregate period of at least two years ; and
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(c) has or had performed his duties as an apothecary efficiently and satisfactorily,
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be registered by the registrar, on payment of the prescribed fee, as being “entitled to practise medicine and surgery,
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The registrar shall maintain a register of the persons registered under this subsection and erase therefrom the name of any person ordered to be erased by the Medical Council under subsection (3) of this section,
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A certificate under this subsection may be issued to a Government apothecary who has been guilty of misconduct if the Director of Health Services is satisfied that such apothecary has, since such misconduct, been of good conduct for such period of time as the Director considers reasonable.
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For the purposes of this subsection and sub section (2A) includes service under a corporation, the capital of which is wholly or partly provided by the Government,
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(3) in subsection (2A) of that section, by the substitution, for paragraph (a) of that subsection, of the following new paragraph:-
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“(a) Any estate apothecary or apothecary may, on furnishing proof to the satisfaction of the Director
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(i)
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(a) he, being an estate apothecary, has had an aggregate period of at least fifteen years of efficient and satisfactory service, as an estate apothecary ; or
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(b) he, being an apothecary has had an aggregate period of at least fifteen years of efficient and satisfactory service as an apothecary on an estate or on an estate and in the. public service ; and
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(ii) has, within that period, served in one or more hospitals under one or more medical practitioners for an aggregate period of at least two years,
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be registered by the registrar on payment of the prescribed fee, as being entitled to practise medicine and surgery.
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(4) by the insertion immediately after subsection (2A) of that section, of the following new subsection:-
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” (B)
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(a) Any Government apothecary whether he is in the service of the Government or has ceased to be in such service may, on production of a certificate from the Director of Health Services to the effect that he
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(i) has had an aggregate period of eight years of efficient and satisfactory service as a Government apothecary ;
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(ii) has, within that period, served in one or more district or provincial hospitals under one or more medical practitioners for an aggregate period of at least three years; and
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(iii) holds a diploma conferred by the College Council,
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be registered by the registrar on payment of the prescribed fee, as being entitled to practise medicine and surgery.
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(b) The registrar shall maintain a register of persons registered under this subsection and erase. therefrom, the name of any person ordered to be (3) and
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(5) by the repeal of subsection (3) of that section and the substitution therefor of the following new subsection:-
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“(3) Provided that where it is shown to the satisfaction of the Medical Council that any person being an apothecary entitled to practise medicine and surgery under subsection (1) (b) or under subsection (1) (c) or under subsection (1) (cc) or under subsection (1) (ccc) or an estate apothecary entitled to practise medicine and surgery under subsection (1) (cc) has been guilty of inefficiency or negligence in the treatment of a patient or has been guilty of conduct which shows him to be unfit to practise medicine and surgery, the Medical Council may make an order that such person be suspended from the privileges and immunities conferred on him by this section, either permanently or during the period specified in the order, and, where necessary, an order that the name of any person be erased from the register of apothecaries maintained as the case may be, under subsection (2) or subsection (2A) or subsection (2B) .”.
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