Removal of names from the register.

§20

Summary

20. Removal of names from the Register 1[ * * * ].- (1) If a registered practitioner has been, after due inquiry, held by the 2[Council] 3[(or the Executive Committee)] in the manner prescribed by rules, found guilty of any misconduct by the 4[Council ], the 5[Council] may- (a) issue a letter of warning to such practitioner; or (b) direct the name of such practitioner- (i) to be removed from the register for such period as may be specified in the direction, or (ii) to be removed from the register permanently. Explanation.-For the purposes of this section, "misconduct" shall mean- (i) the conviction of a registered practitioner by a criminal court for an offence which involved moral turpitude, and which is cognizable within the meaning of 6[the Code of Criminal Procedure, 1973 (II of 1974)]; or (ii) the conviction under the Army Act, 1950 (XLVI of 1950), of a registered practitioner subject to military law for an offence which is cognizable within the meaning of 7[the Code of Criminal Procedure, 1973 (II of 1974)]; or (iii) any conduct which, in the opinion of the 8[Council] is infamous in relation to the medical profession particularly under any code of ethics prescribed by the Board. (2) If the name of any such practitioner is entered in- 9[(a) the register maintained under the Maharashtra Medical Council Act, 1965 (Mah. XLVI of 1965);] (b) the register or list maintained under the Bombay Homoeopathic and Biochemic Practitioners Act, 1959 (Bom. XII of 1960) or any other law for the time being in force in relation to the qualifications and registration of Homoeopathic or Biochemic practitioners in any part of the State; it shall be the duty of the Registrar to give intimation of such removal to the authority entitled to maintain the said register or the said list. (3) If the name of a registered practitioner is also entered in the register or the list, as the case may be, maintained under any of the laws referred to in sub-section (2) and it is removed from the said register or the said list, the 10[Council] shall if such removal comes to its notice also remove his name from the register under this Act. (4) The 11[Council] may, on sufficient cause being shown, direct at any subsequent date that the name of a practitioner removed under sub-section (1) or 12[(3)] shall be re-entered in the register on such conditions and on the payment of such fees, as may be prescribed by rules. (5) The 13[Council] may, of its own motion, or on the application of any person, after due and proper enquiry and after giving an opportunity to the person concerned of being heard, cancel or alter any entry in the register if in the opinion of the 14[Council] such entry was fraudulently or incorrectly made. (6) In holding any inquiry under this section, 15[the Council] 16[or the Executive Committee] shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure, 1908 (V of 1908), when trying a suit, in respect of the following matters, namely :- (a) enforcing the attendance of any person, and examining him on oath; (b) compelling the production of documents; (c) issuing of commissions for the examination of witnesses. (7) All inquires under this section shall be deemed to be judicial proceedings, within the meaning of sections 139, 219 and 228 of the Indian Penal Code (XLV of 1960). (8) (a) For the purposes of advising 17[the Council] 18[or the Executive Committee] on any question of law arising in any inquiry under this section, there may in all such inquiries be an assessor, who has been for not less than ten years,- (i) an Advocate enrolled under 19[the Advocates Act, 1961 (XXV of 1961)]; (ii) an attorney of a High Court. (b) Where an assessor advises 20[the Council] 21[or the Executive Committee] on any question of law as to evidence, procedure or any other matter, he shall do so in the presence of every party, or person representing a party, as to the inquiry who appears thereat, or if the advice is tendered after 22[the Council] 23[or the Executive Committee] has begun to deliberate as to their findings, every such party or person as aforesaid shall be informed what advice the assessor has tendered. Such party or person shall also be informed if in any case 24[the Council] 25[or the Executive Committee ] does not accept the advice of the assessor on any such question as aforesaid. (c) Any assessor under this section may be appointed either generally, or for any particular inquiry or class of inquiries, and shall be paid such remuneration as may be prescribed by rules. (9) 26[* * * * *]

20. Removal of names from the Register 1[ * * * ].- (1) If a registered practitioner has been, after due inquiry, held by the 2[Council] 3[(or the Executive Committee)] in the manner prescribed by rules, found guilty of any misconduct by the 4[Council ], the 5[Council] may- (a) issue a letter of warning to such practitioner; or (b) direct the name of such practitioner- (i) to be removed from the register for such period as may be specified in the direction, or (ii) to be removed from the register permanently. Explanation.-For the purposes of this section, "misconduct" shall mean- (i) the conviction of a registered practitioner by a criminal court for an offence which involved moral turpitude, and which is cognizable within the meaning of 6[the Code of Criminal Procedure, 1973 (II of 1974)]; or (ii) the conviction under the Army Act, 1950 (XLVI of 1950), of a registered practitioner subject to military law for an offence which is cognizable within the meaning of 7[the Code of Criminal Procedure, 1973 (II of 1974)]; or (iii) any conduct which, in the opinion of the 8[Council] is infamous in relation to the medical profession particularly under any code of ethics prescribed by the Board. (2) If the name of any such practitioner is entered in- 9[(a) the register maintained under the Maharashtra Medical Council Act, 1965 (Mah. XLVI of 1965);] (b) the register or list maintained under the Bombay Homoeopathic and Biochemic Practitioners Act, 1959 (Bom. XII of 1960) or any other law for the time being in force in relation to the qualifications and registration of Homoeopathic or Biochemic practitioners in any part of the State; it shall be the duty of the Registrar to give intimation of such removal to the authority entitled to maintain the said register or the said list. (3) If the name of a registered practitioner is also entered in the register or the list, as the case may be, maintained under any of the laws referred to in sub-section (2) and it is removed from the said register or the said list, the 10[Council] shall if such removal comes to its notice also remove his name from the register under this Act. (4) The 11[Council] may, on sufficient cause being shown, direct at any subsequent date that the name of a practitioner removed under sub-section (1) or 12[(3)] shall be re-entered in the register on such conditions and on the payment of such fees, as may be prescribed by rules. (5) The 13[Council] may, of its own motion, or on the application of any person, after due and proper enquiry and after giving an opportunity to the person concerned of being heard, cancel or alter any entry in the register if in the opinion of the 14[Council] such entry was fraudulently or incorrectly made. (6) In holding any inquiry under this section, 15[the Council] 16[or the Executive Committee] shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure, 1908 (V of 1908), when trying a suit, in respect of the following matters, namely :- (a) enforcing the attendance of any person, and examining him on oath; (b) compelling the production of documents; (c) issuing of commissions for the examination of witnesses. (7) All inquires under this section shall be deemed to be judicial proceedings, within the meaning of sections 139, 219 and 228 of the Indian Penal Code (XLV of 1960). (8) (a) For the purposes of advising 17[the Council] 18[or the Executive Committee] on any question of law arising in any inquiry under this section, there may in all such inquiries be an assessor, who has been for not less than ten years,- (i) an Advocate enrolled under 19[the Advocates Act, 1961 (XXV of 1961)]; (ii) an attorney of a High Court. (b) Where an assessor advises 20[the Council] 21[or the Executive Committee] on any question of law as to evidence, procedure or any other matter, he shall do so in the presence of every party, or person representing a party, as to the inquiry who appears thereat, or if the advice is tendered after 22[the Council] 23[or the Executive Committee] has begun to deliberate as to their findings, every such party or person as aforesaid shall be informed what advice the assessor has tendered. Such party or person shall also be informed if in any case 24[the Council] 25[or the Executive Committee ] does not accept the advice of the assessor on any such question as aforesaid. (c) Any assessor under this section may be appointed either generally, or for any particular inquiry or class of inquiries, and shall be paid such remuneration as may be prescribed by rules. (9) 26[* * * * *]

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