CHAPTER 113 MEDICAL PRACTITIONERS, PHARMACISTS, MIDWIVES AND NURSES Ordinances AN ORDINANCE TO AMEND AND CONSOLIDATE THE LAW RELATING TO THE CEYLON Nos. 26 of 1927, MEDICAL COLLEGE, THE CEYLON MEDICAL COUNCIL, MEDICAL PRACTITIONERS, 5 of 1930, 2 of 1933, DENTISTS, MIDWIVES. APOTHECARIES, PHARMACISTS, AND NURSES. 9 of 1933, 35 of 1938, 55 of 1938, 35 of 1939, 45 of 1941, 20 of 1942, 25 of 1946, Acts Nos. 10 of 1949, 14 of 1949, 27 of 1949, 36 of 1949, 46 of 1949, 12 of 1952, 23 of 1954, 23 of 1955, 31 of 1961, 37 of 196I, 16 of 1965, 10 of 1979. [5th October. 1928.] PART I In this section "property" shall not include any property transferred to the PRELIMINARY ownership or control of the University of Ceylon by or under the Ceylon University Short title. 1. This Ordinance may be cited as the Ordinance ; and " affairs " shall not include Medical Ordinance.* any affairs of the University of Ceylon. Jury service. 2. All persons registered under this Ordinance and in actual practice shall be 4. The College shall be maintained out Cost of exempt from serving on any jury. of funds provided for the purpose by maintenance. Parliament. PART II (1) The College Council is a body THE CEYLON MEDICAL COLLEGE 5. Constitution corporate by the name and style of " The of College Council of the Ceylon Medical College", Council. College The Ceylon Medical College (in this 3. having perpetual succession, a common seal, Council to Ordinance called " the College"), its and power to acquire and hold land and manage the property, and affairs shall be managed by Medical other property, and consists of— College. the Council of the Ceylon Medical College (in this Ordinance called " the College Council") in accordance with the (a) the person for the time being regulations for the time being in force under discharging the duties of the this Ordinance. Director of Health Services ; * The provisions of the Medical Ordinance shall not apply to or in relation to the practice of, or to persons practising, medicine, surgery, pharmacy or nursing according to ayurveda — See section 83 of the Ayurveda Act. This is a reference to the University of Ceylon, established under the repealed Ceylon University Ordinance and continued as the University of Sri Lanka under the repealed University of Ceylon Act, No. 1 of 1972. VI/37 MEDICAL PRACTITIONERS, &c. (b) the person for the time being (j) a medical practitioner, nominated as discharging the duties of Deputy aforesaid, who is neither a lecturer Director of Health (Medical in the University of Ceylon* or the Services); Ceylon Medical College, nor an officer in the service of the (c) the person for the time being Government, nor in receipt of a discharging the duties of Professor pension from the Government. of Medicine of the University of Ceylon* or such other person as (2) The Minister may at any time may be nominated by the Minister nominate any person to be a member of the in place of such Professor under College Council in place of any Professor subsection (2); referred to in paragraphs (c), (d), (e), (f) and (g) respectively of subsection (1). (d) the person for the time being discharging the duties of Professor (3) A nominated member of the College of Surgery of the University of Council holds office for three years unless Ceylon* or such other person as he previously resigns or his appointment is may be nominated by the Minister revoked by the Minister, and shall be in place of such Professor under eligible for renomination. subsection (2); (4) If any member of the College Council (e) the person for the time being leaves Sri Lanka without the intention of discharging the duties of Professor returning thereto, or is absent from Sri of Anatomy of the University of Lanka for more than six consecutive Ceylon* or such other person as months, he shall thereupon cease to be a may be nominated by the Minister member. in place of such Professor under subsection (2); (5) The Minister may appoint and revoke the appointment of any person to be a (f) the perse*) for the time being temporary nominated member in the place discharging the duties of Professor of any nominated member being of Physiology of the University of temporarily absent, or ill, or unable, or Ceylon* or such other person as unwilling to act. may be nominated by the Minister in place of such Professor under 6. (1) At every meeting of the College Procedure of subsection (2); Council the Director of Health Services, or College in his absence the Deputy Director of (g) the person for the time being Health (Medical Services), or, in the discharging the duties of Professor absence of both, a member chosen by the of Obstetrics and Gynaecology of members present or by a majority of them, the University of Ceylon* or such shall preside as chairman. other person as may be nominated by the Minister in place of such (2) Every question which comes before Professor under subsection (2); the College Council shall be decided by a majority of the votes of the members (A) a person nominated by the Minister present and voting. out of those engaged in teaching at any Government Nurses Training (3) No question shall be decided at any School; such meeting unless five members at the least, besides the chairman, are present at (i) a person nominated by the Minister the time of the decision. out of those possessing the degree of Bachelor of Pharmacy or the (4) The chairman and every member qualification of Member of the present at the meeting shall have one vote, Pharmaceutical Society or other and the chairman, in case of an equality of equivalent qualification; votes, shall have a second or casting vote. * See footnote to section 3. VI/38 MEDICAL PRACTITIONERS, &c. [Cap. 113 Certificates, 7. (1) Subject to any regulations for the 11. Regulations may be made as to— Power to &c. time being in force, the College Council may make confer on persons who have passed the (a) the mode and time of convening the regulations. prescribed examinations and fulfilled the meetings of the College Council and prescribed conditions— of transacting business thereat; (a) certificates of efficiency as midwives ; (b) the duties of professors, lecturers, examiners, officers, and servants; (b) certificates of efficiency as apothecaries; (c) the previous course of instruction to be followed by candidates for the l§ 2, 16 of (bb) certificates of efficiency as estate examinations of the College; 1965.] apothecaries; (d) the maintenance of good order and [§ 2, 10 of (bbb) diplomas of efficiency as discipline among students of the 1979.] apothecaries; College or persons attending the (c) certificates of efficiency as examinations or lectures of the pharmacists; and College, and the exclusion from such lectures and examinations of (d) certificates of efficiency as nurses. students or persons contravening such regulations; (2) Any person on whom any diploma or certificate has been conferred under (e) the examinations to be passed and subsection (1) may be deprived of such other conditions to be fulfilled by diploma or certificate by the College candidates for diplomas and Council in such circumstances and in certificates; accordance with such procedure as may be prescribed. (f) the fees to be charged under this Part; Fees. 8. The College Council may charge the (g) the keeping of accounts of the income prescribed fees (which shall be paid into the and expenditure of the College; Consolidated Fund) for entrance into the College, for continuance therein, for (h) generally all matters relating to the admission to examinations, for attendance College. at lectures or classes, and for any diploma or certificate issued by the College Council. PART III Appointments. 9. (1) Where any lecturers or other teachers are necessary for the purposes of THE CEYLON MEDICAL COUNCIL any course of study not provided by the University of Ceylon,* such lecturers or 12. (1) The Ceylon Medical Council (in Constitution this Ordinance called " the Medical and duties of teachers may be appointed by the College Ceylon Council. Council") shall consist of eleven members, Medical including the president and vice-president, Council. Examiners may in like manner be to be appointed as follows, namely— appointed by the College Council whenever necessary. (a) the president nominated by the Minister; (2) There may also be appointed such officers and servants of the College, as may (b) one member elected by the teachers of be necessary. the Faculty of Medicine of the University of Ceylon ;* Professors, 10. Every professor, lecturer, examiner, &c., of College officer or servant of the College shall be (c) two members elected by the medical to be public servants. deemed to be a public servant within the practitioners who are registered meaning of section 19 of the Penal Code. under the Medical Acts ; * See footnote to section 3. VI/39 Cap. 113] MEDICAL PRACTITIONERS, &c. (d) two members elected by all other may be, in accordance with the provisions medical practitioners; of this Pan. (e) one member elected by dentists ; 17. (1) The Medical Council shall Registrar and appoint a registrar, who shall act as other officers. (f) four members nominated by the secretary of the Medical Council and also as Minister, of whom at least two treasurer, unless the Medical Council shall members shall not be in appoint another person as treasurer. Every Government employ or in receipt of person so appointed shall be removable at a pension from Government. the pleasure of the Medical Council. (2) A vice-president shall be elected from (2) The Medical Council may also among the members of the Medical Council, employ such other persons as it may deem by the Medical Council- necessary for the purposes of this Ordinance.