Legal Mandate Anti-Quackery

Scope & Legal Mandate

Functions:

The Directorate of Anti-Quackery under section 08 of SHCC regulations 2017 shall be responsible to assist the Chief executive officer in the performance of the following functions.

1. Develop, update & implement Anti-Quackery strategies and measures and issue necessary directions.
2. Coordinate with key stakeholders such as the Health Department, DGHSS, DHOS, district administration, law enforcement agencies, etc. for the conduct of Anti-Quackery activities.
3. Keep a proper record of the anti-quackery activities, results achieved, and all other ancillary matters.
4. Prepare comprehensive monthly, within one month for quarterly and annual reports, and submit the same to the Director M&E regularly.
5. Receive and investigate the reports /complaints relating to the Quacks.
6. Seal/Close down the premises of the Quack if the report complaint is found to be true.
7. Recommend the Chief Executive officer of the commission to impose fine upon the Quack U/S 28 (1) and upon such medical officer under whose board/name the quack was practicing (in accordance with the order passed by the High Court of Sindh in C.P No D-919/2014 on 20.10.2016) which may extend to five hundred rupees in either case, depending upon the facts and circumstances of the case and keeping in view the gravity of the offence, or to proceed for cancellation of registration with the relevant council of the healthcare service provider found to be practicing quackery; provided that the Director Anti-Quackery  shall issue a show-cause notice upon  the defaulter wherein a minimum of fifteen days time, from receipt of the communication, shall be given to the respondent to submit his defense if any and an opportunity of personal hearing shall also be afforded to the respondent before giving recommendation for imposition of fine and provided further that the Chief Executive officer of the Commission shall take approval of the Board of Commission U/S 9(2) of the Act before issuing orders for imposition of fine.

Powers:

Section 39 of SHCC regulations 2017 defines the powers and functions of the Anti-Quackery team as;

1. The Anti-Quackery Team shall have the powers to:
   • Inspect any healthcare establishment
   • Check any document, material, procedure, credentials of the staff, etc. for the purposes of verification under these regulations.
   • Take copies/samples if required
   • Seize all or any relevant material/evidence, if deemed necessary, including but not limited to prescription slips, medicines being given and/or administered to the patients by the healthcare service provider
   • Prepare a recovery memorandum at the premises/site in the presence of the Owner, Manager, In-charge of the Healthcare Establishment or the Proprietor, as the case may be, and take his/her signature along with a thumb impression. In case, such person(s) refuse to do so, it would be sufficient for the Charge of the team to record such refusal.
   • Record statements of the patients and/or their attendants who may be willing to appear before the Commission as a witness.
   • Seal/close down the premises where quackery is being practiced in any form whatsoever, permanently or till the completion of the rectification measures or issue a warning to the defaulter, as deemed fit and appropriate under the circumstances.
   • Recommend:
2. Imposition of fine upon the quack U/S 28 (1) and upon such medical officer under whose board/name the quack was practicing which may extend to five hundred thousand rupees in either case.
3. Cancellation of registration with the relevant council, of any healthcare service provider found to be practicing quackery.
4. Initiation of legal action including lodgment of the case against the defaulter(s).
5. Prepare a report and forward the same to the Director of Anti-quackery along with the copies/samples/seized materials/recovery memorandum/ statements recorded etc. as enunciated above.

Legal Mandate