Medical (Amendment)



Medical (Amendment)
AN ACT TO AMEND THE MEDICAL, ORDINANCE

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:

[15th July
, 1988 ]
Short title.

1. This Act may be cited as the Medical (Amendment) Act, No. 25 of 1988.

Amendment of section 29 of Chapter105.

2. Section 29 of the Medical Ordinance (hereinafter referred to as “the principal enactment”) is hereby amended as follows:

(1) by the substitution for sub-paragraph (i) of paragraph (b) of subsection (1) of that section of the following sub-paragraph:

” (i) holds a degree of Bachelor of Medicine of

(a) the University of Ceylon or a corresponding university; or

(b) a Degree Awarding Institute,

and a certificate granted by the Medical Council under section 32; or”

(2) by the addition at the end of subsection (1) of that section, of the following sub-paragraph:

(iii) not being qualified to be registered under the preceding sub-paragraphs

(aa) is a citizen of Sri Lanka;

(bb) holds a degree of Bachelor of Medicine or an equivalent qualification of any university or medical school of any country outside Sri Lanka, which, on the date on which such person was admitted to such university or medical school, was a degree or qualification which entitled its holder to be registered as a medical practitioner under this Ordinance;

(cc) has had an aggregate period of at least five years of efficient and satisfactory service, in the capacity of a medical officer; and

(dd) holds a certificate granted by the Medical Council under section 32.”.

(3) by the substitution for sub-paragraph (i) and sub- paragraph (ii) of paragraph (b) of subsection (2) of that section of the following new sub-paragraphs (i) and (ii) :

” (i) holds a degree of Bachelor of Medicine of the University of Ceylon or a corresponding university or a Degree Awarding Institute ; or

(ii) has passed the examination necessary for obtaining a degree of Bachelor of Medicine of the University of Ceylon or a corresponding university or of a Degree Awarding Institute, but has not obtained that degree owing to a delay on the part of that university or Degree Awarding Institute in conferring that degree on him; or”;

(4) by the addition at the end of subsection (2) of that section, of the following sub-paragraph:

” (iv) not being qualified to be registered provisionally under any of the preceding sub-paragraphs:

(aa) is a citizen of Sri Lanka;

(bb) holds a degree of Bachelor of Medicine or an equivalent qualification of any university or medical school of any country outside Sri Lanka, which, on the date on which such person was admitted to such university or medical school, was a degree or qualification which entitled its holder to be registered as a medical practitioner under this Ordinance;

(cc) has had an aggregate period of at least five years of efficient and satisfactory service in the capacity of a medical officer.”.

Amendment of section 41 of the principal enactment.

3. Section 41 of the principal enactment is hereby amended in item (a) of sub-paragraph (i) of paragraph (a) of subsection (2A) of that section, by the substitution for the words as an estate apothecary; or”, of the words “as an estate apothecary on an estate or on an (estate and in the public service ; or “.

Amendment of section 43 of the principal enactment.

4. Section 43 of the principal enactment is hereby amended by the repeal of subsection (1) of that section and substitution therefor of the following subsection :

” (1) No person shall be registered as a dentist unless he is of good character and holds a degree or diploma in dentistry conferred or granted by the University of Ceylon or a corresponding university or by a Degree Awarding Institute,”.

Insertion of section 69A of the principal enactment.

5. The following section is inserted immediately after section 69 and shall have effect as section 69A of the principal enactment:

” Every offence to be a cognizable offence.

69A.

(1) Notwithstanding anything to the contrary in the Code of Criminal Procedure Act, No. 15 of 1979, every offence under this Ordinance, shall be a cognizable offence within the meaning, and for the purpose, of that Act.

(2) The Minister may appoint in writing any Regional Director of Health Services or any Medical Officer of Health Services to be an authorized officer for the purposes of this section.

(3) Every authorized officer appointed under subsection (1) shall be deemed to be a peace officer within the meaning of the Code of Criminal Procedure Act, No. 15 of 1979, for the purpose of exercising, in relation to any offence under this Ordinance, any power conferred upon a peace officer by that Act.”.

Amendment of the section 74 of the Principal enactment.

6. Section 74 of the principal enactment is hereby Amendment amended by the insertion immediately before the definition of section 74 of the ” dentist” of the following new definition :

” Degree Awarding Institute” has the same meaning as in the Universities Act, No. 16 of 1978 ;’.