Coroners Law

1. Citation This Law may be cited as the Coroners Law.

2. Interpretation In this Law - “coroner” means any person empowered to hold inquests under this Law; “council” includes any member or officer of a local government council; “medical practitioner” means any person registered or licensed as a medical practitioner under the Medical and Dental Practitioners Act, 1963.

3. Person to hold inquest (1) Every magistrate may hold inquests under this Law. (2) The Governor may, by notice in; the State Gazette, empower any other fit person to hold inquests under this Law within any area specified in such notice. (3) Any inquest commenced by a coroner may be continued, resumed, or re-opened in the manner provided by this Law by such coroner or by his successor in office.

4. When inquest to be held Whenever a coroner is informed that the body of a deceased person is lying within his jurisdiction and that there is reasonable cause to suspect that such person had died either violent or an unnatural death, or had died a sudden death of which the cause is unknown, or that such person died whilst confined in a lunatic asylum, or in any place or circumstances which, in the opinion of the coroner, makes the holding of an inquest necessary or desirable, such coroner shall, subject as hereinafter in this section provided, hold an inquest on such body as soon as is practicable: Provided that – (a) whenever it shall appear to the coroner, either from the report of a medical practitioner rendered under section 12 or otherwise, that the death is due to natural causes, and that the body shows no appearance of death being attributable to or of having been accelerated by violence or by any culpable or negligent act either on the part of the deceased or of any other person, it shall thereupon be lawful for the coroner at his discretion except in the cases specified in section (6) to dispense with the holding of an inquest, and, in the case of a registrable death, he shall notify the registrar appointed under the ‘provisions of the Burials Law; (b) where the coroner is informed that criminal proceedings have been or are about to be instituted against any person already in custody or about to be arrested in respect of such death, the inquest shall not be commenced, or if commenced shall not be continued or resumed, until such proceedings' have been concluded.

5. Power to order exhumation Notwithstanding any law or custom to the contrary enacted or obtained, whenever it shall appear to any coroner that the body of any person who has died in circumstances requiring the holding of an inquest thereon has been buried without being viewed or without such inquest having been held, or where such inquest, although held, has been quashed or re-opened, it shall be lawful for such coroner by his warrant as in Form A set out in the First Schedule to order the exhumation of such body; and he shall after such exhumation proceed to hold an inquest on such body and thereupon direct the re- interment thereof; and the expenses of such exhumation and re-interment shall be paid, upon the coroner’s order, out of the general revenue: [Form A. First Schedule.] Provided that such exhumation shall not be ordered in any case where in the opinion of the coroner it would be injurious to public health, or where there is no reasonable probability of a satisfactory result being obtained thereby.

6. Inquest on all prisoners and persons in police custody Whenever any prisoner, or any person in police custody, shall die of any cause whatsoever, a coroner of the local government area in which such death has occurred shall hold an inquest and, where such death is in execution of a judgment of death by a Court of competent jurisdiction, the inquest shall be held within four hours thereafter.

7. Inquest to be held by coroner of place where body lying The coroner only within whose jurisdiction the body of any person upon whose death an inquest ought to be held is lying shall hold the inquest, notwithstanding that the cause of death arose elsewhere; and if any body is found in the sea, or in any river, creek, or in any inland waters, the inquest shall be held by the coroner within whose jurisdiction the body is first brought to land: Provided that where it appears to a coroner by whom an inquest has been commenced that, owing to special circumstances to be entered upon the record of the inquest, it is expedient for the inquest to be continued by another coroner in the Delta State he shall, after viewing the body (if such view is necessary in accordance with the provisions of section 15 (1) and making such entry upon the record as is required to be made under the provisions of section 15 (4), refer the record to such other coroner; and such other coroner shall thereupon, subject to any directions in that behalf which may be given by the High Court and which the High Court is hereby empowered to, give, continue the inquest and conclude the same in accordance with the provisions of this Law.

8. Inquest where body destroyed or irrecoverable Where a coroner has reason to believe that a death has occurred in the area within which he has jurisdiction in such circumstances that an inquest ought to be held, and that owing to the destruction of the body by fire or otherwise or to the fact that the body is lying in a place from which it cannot be recovered, an inquest 'cannot be held except by virtue of the provisions of this section, he may, if he considers it desirable so to do, hold an inquest touching the death, and the law relating to inquests- shall apply with such modifications as may be necessary in consequence of the inquest being held otherwise than on or after view of a body lying within the coroner’s jurisdiction.

9. Coroner may postpone burial or cremation till After inquest A coroner may prohibit the burial or cremation of any body lying within his jurisdiction until an inquest shall have been held.

10. Notice of death (1) When any body is found or a person has died in such circumstances as to make the holding of an inquest under this Law necessary or desirable it shall be the duty of any person finding the body or becoming aware of the death forthwith to inform the nearest Local Government Council, or police officer and upon receiving any such information, such Local Government Councils or police officer shall notify the coroner having jurisdiction to hold an inquest. (2) In the case of a death occurring to which the provisions of section 6 apply it shall be the duty, of the person in charge of the premises to notify the coroner having jurisdiction and to cause the body to be taken to the nearest hospital or other place appointed for the reception of dead bodies unless the authority certifies to the coroner that the requirements of this subsection cannot reasonably be complied with, having regard to the condition of the body, the weather and the distance to be travelled.

11. Duty of police officer and Local Government Council (1) On information being given to a Local Government Council in pursuance of Subsection (1) of section 10, such Local Government Council, police officer or a person hereinafter referred to as the authority, shall proceed to the place where the body of the deceased person is lying and shall make a filli investigation into the circumstances surrounding the death of the deceased and the probable cause thereof, and may arrest any person reasonably suspected of having caused the death. (2) The relevant authority shall without delay cause notice of the death as in Form B for a translation thereof in such written language as the authority understands) set out in the First Schedule to be sent to a coroner having jurisdiction to hold an inquest stating any particulars concerning the cause of death disclosed by the investigation’ and giving an option as to whether or not the death was due to any unlawful act or omission. [Form B. First Schedule.] (3) In any case where the death is believed by the authority not to be due to any unlawful act or omission, such authority shall, if the dead body is not already buried, view the body and authorise its interment, but in all other cases the authority shall cause the body to be taken to the nearest hospital of other place appointed for the reception of dead bodies unless the authority certifies to the coroner that the requirements of this subsection cannot reasonably be complied with, having regard to the condition of the body, the weather and the distance to be travelled.

12. Coroner may direct post-mortem examinations If any coroner considers it necessary, with a view to investigating the circumstances of the death of any person, to obtain a medical report on the appearance of the body of such person and as to the conclusions to be drawn therefrom, he may, by written order as in Form C set out in the First Schedule, require any government medical officer or, in the absence of such officer, any other medical practitioner within his jurisdiction to make an examination of the body and to report thereon. [Form C. First Schedule.]

13. Medical practitioner to make an examination and report Every medical practitioner upon the receipt of such order shall, unless he procures the services of some other medical practitioner to perform the duty, immediately make an examination of the body, with a view to determining therefrom the cause of death, and to ascertaining the circumstances connected therewith, and shall make a report in writing to the coroner describing the appearance of the body, and the conclusions which he draws therefrom touching the death of such person. The examination shall extend, when the medical practitioner considers it necessary but not otherwise, to such dissection of the body, with or without an analysis of the contents of the stomach or intestines, as he may think requisite. The report shall be as in Form D set out in the First Schedule, and shall state the cause of death, and shall be signed and dated by the medical practitioner. Such report, on being read at the inquest by the coroner, shall be prima facie evidence of the facts therein stated without further proof, unless it is proved that the medical practitioner purporting to sign the report did not in fact sign it. [Form D. First Schedule.]

14. Coroner to take evidence on oath At every inquest the coroner shall take on oath such evidence as is procurable as to the identity of the deceased, and the time, place and manner of his death.

15. View of body and order authorising burial (1) At or before the first sitting of an inquest on a body, the coroner shall view the body or shall satisfy himself that the body has been viewed by a police officer, medical practitioner, or local government council: Provided that, when an inquest on the body has been previously opened, it shall not be necessary upon a resumed, continued or subsequent inquest for the body to be viewed a second time. (2) An order authorising the burial of a body upon which it has been decided to hold an inquest may be issued at any time after the body has been viewed. (3) If the body has been buried and has not been viewed in the manner provided in subsection (1), the coroner shall order the exhumation of the body for the purpose of a view in the manner provided by section 5 unless he certifies that in his opinion such exhumation would be injurious to the public health or that no satisfactory result would be obtained thereby. (4) In any case in which the coroner himself has viewed the body he shall certify the fact upon the record of the inquest, and in other cases he shall record evidence, if any, of the view of the body by a police officer, medical practitioner, or local government council.

16. Coroner may summon witnesses (1) A coroner holding an inquest shall have and may exercise all the powers of a magistrate with regard to summoning and compelling the attendance of Witnesses and Spiring them to give evidence, and with regard to the production of any document or thing at such inquest. [Form F. First Schedule.] (2) Every summons and warrant of arrest and summons to produce shall be in writing signed by the coroner. (3) Where the inquest concerns the death of a person executed in pursuance of a death warrant the medical practitioner who was present at the execution shall be an essential witness at such inquest. (4) The provisions of any law in force relating to summonses, warrants and summonses to produce issued by a magistrate shall apply to summonses, warrants and summonses to produce issued by a coroner.

17. Coroner not bound by rules of evidence A coroner holding an inquest shall not be bound by any rules of evidence which may pertain to civil or criminal proceedings, but if any witness objects to answering any question on the ground that it will tend to incriminate him, he shall not be required to answer the question nor be liable to any penalty for refusing so to answer.

18. Recording of evidence The evidence of every witness shall be taken down and recorded in the form of a deposition in the manner prescribed for preliminary inquiries under the provisions of the Criminal Procedure Law. [LBSN 1976, Cap. 49.]

19. Power to take deposition of witness unable to attend Where any person within the coroner’s jurisdiction who is able to give material evidence in respect of any inquest is, owing to illness or other cause which appears satisfactory to the coroner, unable to attend at the place where the coroner usually sits, it shall be lawful for the coroner to take the deposition of spch person in the place where, such person is.

20. Commissions (1) Whenever in the course of any inquest it appears to the coroner that any person outside the jurisdiction of the coroner is able to give material evidence in respect of the inquiry and that the attendance of such person cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, the coroner shall apply to the High Court, giving the reasons for the application, and the High Court may - (a) issue a commission to any magistrate (whether exercising jurisdiction in the Delta State or in any other State) within the local limits of whose jurisdiction such person resides, to take the evidence of such person; or (b) reject the application (2) The magistrate to whom the commission is issued shall proceed to the place where the witness is or shall summon the witness before him and shall take down his evidence in the same manner, and may for this purpose exercise the same powers as in a preliminary inquiry held under the provisions of the Criminal Procedure Law. (3) Any interested party may appear before such magistrate by counsel or in person, and may examine, cross-examine and re-examine, as the case may be, such witness. (4) After such commission has been duly executed it shall be returned, together with the deposition of the witness examined thereunder, to the High Court, which shall forward the commission, the return thereto and the deposition to the coroner who made the application therefore. (5) On the receipt thereof by the said coroner such commission, return thereto, and deposition shall be filed with and form part of the inquest proceedings relating thereto.

21. Inquest on Sunday or public holiday or in private (1) A coroner may lawfully hold inquests on any Sunday or public holiday. (2) If the coroner thinks it expedient in the interests of justice that any inquest should be held in private, he shall record his reasons for doing so before holding the inquest in private. (3) Whenever an inquest is held in private, the coroner shall record his reasons for so holding it. The record of reasons for doing so may be disclosed to any interested person on application but such reasons shall not be a cause of action.

22. Adjournment of inquest A coroner holding an inquest in any place may adjourn the inquest to another day and may order the adjourned inquest to be held in the same or any other place.

23. Staying and resumption of inquest (1) If, in the course of an inquest, the coroner is of opinion that sufficient grounds have been disclosed for instituting criminal proceedings, in Connection with the death against any person already in custody or whose arrest is contemplated, the coroner shall stay the inquest until the trial of the person to be charged is concluded, or he is discharged under the provisions of section 73 or section 325 of the Criminal Procedure Law, or the charge is dismissed under the provisions of section 299 of that Law, or it appears improbable that such person will be found. [Cap. C22.] (2) Where an inquest is stayed in pursuance of subsection (1), the coroner may resume and conclude the inquest after the conclusion of the criminal proceedings if he is of the opinion that public benefit is likely to result from his so doing, but if he is of the opinion that no public benefit is likely to result from his so doing, he shall certify his opinion to that effect and transmit to the Attorney-General a copy of the inquest proceedings: Provided that, if in the course of the criminal proceedings any person has been charged upon information, then upon the resumed inquest, that person shall not be charged with an offence for which he could have been Convicted on such information or contain any finding which is inconsistent with the determination of any matter by the result of those proceedings. (3) Notwithstanding the provisions, of subsection (2) where an inquest is stayed in pursuance pf subsection (1), and it is ascertained that the person to be charged cannot be found, the coroner shall resume and conclude the inquest. (4) Criminal proceedings - For the purposes of this section, the expression “criminal proceedings” means the proceedings before a magistrate’s court and before any court to which the accused person is committed for trial or is charged, or before which an appeal from the conviction of that person is heard, and criminal proceedings shall not be deemed to be concluded until no further appeal and a finding as to whether the death was instantaneous and the person executed was the person mentioned in such’ warrant. Such inquisition and verdict shall be made and signed in duplicate and one of the originals shall be delivered to the sheriff.

24. Issue of summons or warrant If during the course or at the close of any inquest, the coroner is of opinion that sufficient grounds are disclosed for making a charge against any person in connection with the death, he may issue a summons or warrant to secure the attendance of such person before any magistrate’s court haying jurisdiction, and may bind over any witness who has been examined by or before him on a recognizance with or without surety to appear and give evidence before such court.

25. The inquisition After the view (if any) of the body and hearing the evidence, the coroner holding the inquest shall give his verdict and certify it by an inquisition in writing as in Form E set out in the first Schedule, showing, so far as such particulars have been proved to him, who the deceased was, and How, when and where the deceased came by his death: [Form E. First Schedule.] Provided that, where the inquest concerns the death of a person executed in pursuance of a death warrant, the verdict and inquisition shall include a finding as to whether the death was instantaneous and the person executed was the person mentioned in such warrant. Such inquisition and verdict shall be made and signed in duplicate and one of the originals shall be delivered to the Sheriff. [Form E. First Schedule.]

26. Where guilty party is unknown If, at the close of any inquest, the coroner is of the opinion that there is ground for suspecting that some person is guilty of an offence in respect of the matter inquired into, but cannot ascertain who such person is, he shall certify his opinion to that effect and transmit a copy of the proceedings to the divisional police officer of the local government rea in which the inquest is held.

27. Where guilty party cannot be found Where a copy of the proceedings upon any inquest has been transmitted to a Superintendent of Police under section 26 and the guilty person remains undiscovered, and if, in the opinion of the divisional police officer, there is no probability that such person will be discovered, he shall certify his opinion to that effect and transmit the copy of the proceedings to the Attorney-General.

28. Return of inquisition and power of High Court to review (1) Every inquisition, including the depositions and the recognisances of the witnesses, if any, shall be transmitted by the coroner with all convenient dispatch to the judicial division of the High Court in which the inquisition took place and the Registrar of such division shall take charge of such proceedings. (2) The High Court may examine the record of any such proceedings for the purpose of satisfying itself as to the correctness, legality or propriety of any finding or verdict and as to the regularity of such proceedings. (3) Where the High Court by reason of such examination is not satisfied as to the correctness, legality or propriety of any finding or verdict it may, after affording the Attorney-General or his representative an opportunity of being heard therein, exercise any of the powers conferred upon it by section 29 (1). (4) Where the High Court by reason of such examination is not satisfied as to the regularity of the proceedings, it may take such action, not involving an alteration of the finding or verdict, as it may think necessary to cure such irregularity.

29. Power of High Court on application of Attorney-General (1) Where the High Court upon an application made by the Attorney-General in the judicial division of the court in which an inquest has been held or would fall to be held is satisfied that it is necessary or desirable to do so, it may - (a) order an inquest to be held touching the death of any person; (b) direct any inquest to be re-opened for the taking of further evidence, or for the inclusion in the proceedings thereof and consideration of the evidence already taken, or any evidence taken in any judicial proceeding which may be relevant to any issue determinable at such inquest, and the recording of a fresh verdict upon the proceedings as a whole; (c) quash the verdict in any inquest, substituting therefore some other verdict which appears to be lawful and in accordance with the evidence recorded or included as hereinbefore in this section provided; or (d) quash any inquest, with or without ordering a new inquest to be held. (2) The provisions of this section shall apply to all inquests and the verdicts therein, whether or not such inquests and verdicts are in pursuance of the provisions of this Law. (3) Judicial proceedings - For the purpose of this section the expression “judicial proceeding” means a proceeding before any court, tribunal or person having by law power to hear, receive and examine evidence on oath.

30. Delegation of powers by the Attorney-General The Attorney-General may order in writing that all or any of the powers vested in him by sections 28 and 29 be vested for the time being in the Solicitor-General, the Director of Public Prosecutions or a legal officer and the exercise of those powers by the Solicitor- General, the Director of Public Prosecutions or a legal officer shall then operate as if they had been exercised by the Attorney-General: Provided that the Attorney-General may in writing revoke any order made by him under this section.

31. Coroner to transmit particulars of death and his finding to Registrar Where a death is required by law to be registered and an inquest is held, the coroner shall inquire of the particulars required to be registered concerning the death, and his finding thereon shall be attached to and form part of the inquisition; and the coroner shall tend to the registration authority within five days after the finding is given a certificate under his hand, giving information concerning the death and specifying his, finding with regard to the said particulars and to the cause of death, and stating also the time and place at which the inquest was held.

32. Penalty where body buried without authority (1) Any person who without lawful authority or excuse inters or cremates any body, the burial or cremation of which has been prohibited under section 9, or the body of any person who has died in police custody or in any prison, or of any person Who has died in any of the circumstances mentioned in section 4, shall be guilty of an offence and on conviction shall be liable to a fine of five thousand naira. (2) Where any person is charged with having committed an offence under this section, the onus of proving that he had lawful authority or excuse shall be on the person charged.

33. Obstructing medical practitioner or authority Any person who obstruct, a medical practitioner, a police officer, or a Local Government Council in the execution of any duty imposed by this Law shall be guilty of an offence and upon conviction shall be liable to a fine of two thousand naira.

34. Power to make rules (1) The Executive Council may make rules prescribing the scale of fees to be paid to medical practitioners for any examination, autopsy or other service required of them under this Law. (2) The Rules in the Second Schedule shall be deemed to have been made under the power herein conferred. [Second Schedule.]

35. Forms The forms set out in the First Schedule shall be used for several matters to which they relate with such variations as circumstances may require. The Governor may from time to time by order published in the State Gazette amend, or add to the said Schedule. [First Schedule.] Schedule 1 CORONERS LAW. [Section 5.] FORM A CORONERS LAW Order for Exhumation ............................................................................................................ District. To..................................................................................................................... WHEREAS it appears that.......................................................................... ...... has died in the circumstances requiring the holding of an inquest upon his body and that the body of the said.....................................................has been buried at....................... without such inquest being held (or without the said body being viewed) (or that the inquest held at .......... ......................................on the .......................... day of..................................was insufficient): These are to charge and command you that you forthwith cause the said body to be taken up (and viewed) (or, and safely conveyed to .... :............................... in the above-named district) that I may proceed to inquire into the cause of the death of the said ................................................................... (or as the case may be). Herein fail not. Given under my hand at............................this........................... day of...................20.................... ...................................................... Coroner FORM B [Section 11.] CORONERS LAW Death Report to Coroner Particulars of Deceased, etc.

1. Name, sex and approximate age of deceased ......................................................................

2. Nationality or tribe.................................................................................................................

3. Occupation ............................................................................................................................

4. Date, hour and place of death.................................................................................................

5. Supposed cause of death.........................................................................................................

6. Person who found body or gave first information of death ....................................................

7. Date and hour first information received by police or administrative officer or Local Government Council...........................................................................................................................

8. Circumstances of death and names of persons who can give information thereof......................

9. Name of authority making first investigation ...............................................................................

10. Date and time ............................................................................................................................. ...................................................................... Authority I order that an inquest be opened at ............................................................................... ........ On the....................................... day of............................................20................................ ..... (or) I do not consider that an inquest is necessary or desirable. Date.............................................. ............................................... Coroner *Delete the statements of fact which are not applicable. FORM C [Section 12.] CORONERS LAW Order for Post-mortem Examination To Dr. ......................................................................................... ....................... WHEREAS I am credibly informed that one........................................................ has died in circumstances which may require the holding of an inquest under the Coroners Law; you are hereby authorised and required to make a post-mortem examination of the Body of the said .................................. .................... which will be delivered to you by ............................................ and to make report to me thereon. GIVEN under my hand at .........................this.......................... day of..................20............... ............................................................... Coroner FORM D [Section 13.] CORONERS LAW Report of Medical Practitioner

1. Date and hour of receipt of corpse at mortuary ...............................................

2. Condition of corpse on arrival ...........................................................................

3. Mode in which packed ......................................................................................

4. Date and hour of holding examination ..............................................................

5. Name of deceased (if known) ............................................................................

6. By whom identified.............................................................................................

7. Approximate age.................................................................................................

8. Sex........................................................................................................................

9. Height, colour of hair, eyes, peculiar clothing and any other marks or means of identity .....................................................................................................................

10. Probable date ofdeath.........................................................................................

11. Medical Report.................................................................................................... I certify the cause of death in my opinion to be........................................................ Date.......................................................... (Signed)................................................... .......................................................... (Qualifications) FORM E [Section 25.] CORONERS LAW The Inquisition An inquisition taken at.................................................................................................in the division of................................................................................................ in the Delta State of Nigeria on the day of..................................20....................before..................................... on the view of the body of one.....................................................then and there lying dead. Now I, ............................................................................charged to inquire when, where, how and after what manner the said.....................................................................came to his/her death say that the following particulars have been disclosed;

1. Name ofdeceased.......................................................................................................................

2. Residence and occupation..........................................................................................................

3. Means ofidentity.........................................................................................................................

4. Where found, when, and under what circumstances.................................................................

5. Date of death...............................................................................................................................

6. Cause of death.............................................................................................................................

7. Offence (if any) to which death attributable............................................................................... And I, the said............................................................................................................do say that my verdict is ............................................................................................................................................... In witness whereof have to this inquisition set my hand the.................................day of.................. ......................................................... 20............. Station............................................................... ............................................................ Coroner FORM F [Section 16.] CORONERS LAW Summons to Witness To ................................................................................................................................... WHEREAS I am credibly informed that you can give evidence concerning the death of...... ............................................................................................................................................... NOW THEREFORE you are hereby required to attend at...................................... ................ ............................... ....... on the.......................................... day of.........................................

20............. at.......... .......of the clock in the........................................... noon, in order to give evidence before me touching the death of the said ................................................................ and herein fail not. DATED this ................... day of.......................... 20.......... ................................................ Coroner Schedule 2 CORONERS LAW. SECOND SCHEDULE [Section 34.]

1. Citation These Rules may be cited as the Coroner (Post-mortem Fees) Rules.

2. Where inquest dispensed with A medical practitioner required by order of the coroner to examine and report upon a body and upon whose, report the coroner shall dispense with an inquest shall be entitled to a fee of five hundred naira for such report and a further fee of five hundred naira if he shall have made a dissection: Provided that where the report is made on the body of a person whom it was the duty of a medical practitioner in the service of the Government to attend, such medical practitioner shall only be entitled to the said fee of five hundred naira for any dissection made. A medical practitioner required by order of the coroner to examine and report upon a body upon which an inquest is held and who is not summoned to give evidence in support of such report shall be entitled to a fee of five hundred naira for such report and a further fee of five hundred naira if he shall have made a dissection:

3. Provided that where the report is made on the body of a person whom it was the duty of a medical practitioner in the service of the Government to attend, such medical practitioner shall only be entitled to the said fee of five hundred naira for any dissection made.

4. Where medical practitioner summoned to give evidence A medical practitioner summoned by the coroner to give evidence at any inquest in support of his examination and report shall be entitled to a fee of five hundred naira for the first day and further like fee for each day after the first: Provided that when the inquest held is upon the body of a person whom it was the duty of a medical practitioner in the service of the Government to attend such medical practitioner shall not be entitled to any fee for attending to give evidence as aforesaid.

5. Exhumation Any medical practitioner who is required to superintend the exhumation of a body shall be entitled to a fee of one thousand naira in addition to any other fees to which he may be entitled under the provisions of these Rules.

6. Travelling expenses Any reasonable travelling expenses, to be assessed by the coroner, which have been incurred by any medical practitioner in complying with any service ordered to be performed by him shall be payable to such medical practitioner.

7. Medical practitioner in receipt of staff pay No benefits shall accrue and no payments shall be made to a medical practitioner who is in receipt of staff pay.