Removal of names from Register.

§28

Summary

(1) If a registered practitioner has been, after due inquiry held by the Council or by the Executive Committee in the prescribed manner, found guilty of any misconduct, the 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 purpose of this section, "misconduct" shall mean- (i) the conviction of a registered practitioner by a criminal court for an offence which involves moral turpitude ; or (ii) the conviction under the Army Act, 1950 (46 of 1950), of a registered practitioner subject to military law for an offence which is cognizable within the meaning of the Code of Criminal Procedure, 1973 (2 of 1974) ; or (iii) any conduct which, in the opinion of the Council, is in famous in relation to the medical profession particularly under any Code of Ethics prescribed by the Council constituted under this Act, in this behalf. (2) In holding any inquiry under sub-section (1), the Council or the Executive Committee, as the case may be, shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure, 1908 (5 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 ; and (c) issuing of commissions for the examination of witnesses. (3) All inquiries under this section shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860). (4) (a) For the purpose of advising the Council or the Executive Committee, as the case may be, on any question of law arising in any inquiry under this section, there may in all such enquiries, be an assessor, who has been for not less than ten years- (i) an Advocate enrolled under the Advocates Act, 1961 (25 of 1961) ; or (ii) an Attorney of a High Court. (b) Any assessor under this sub-section may be appointed either for general enquiries or for any particular enquiry or class of enquiries, and shall be paid the prescribed remuneration.

(1) If a registered practitioner has been, after due inquiry held by the Council or by the Executive Committee in the prescribed manner, found guilty of any misconduct, the 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 purpose of this section, "misconduct" shall mean- (i) the conviction of a registered practitioner by a criminal court for an offence which involves moral turpitude ; or (ii) the conviction under the Army Act, 1950 (46 of 1950), of a registered practitioner subject to military law for an offence which is cognizable within the meaning of the Code of Criminal Procedure, 1973 (2 of 1974) ; or (iii) any conduct which, in the opinion of the Council, is in famous in relation to the medical profession particularly under any Code of Ethics prescribed by the Council constituted under this Act, in this behalf. (2) In holding any inquiry under sub-section (1), the Council or the Executive Committee, as the case may be, shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure, 1908 (5 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 ; and (c) issuing of commissions for the examination of witnesses. (3) All inquiries under this section shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860). (4) (a) For the purpose of advising the Council or the Executive Committee, as the case may be, on any question of law arising in any inquiry under this section, there may in all such enquiries, be an assessor, who has been for not less than ten years- (i) an Advocate enrolled under the Advocates Act, 1961 (25 of 1961) ; or (ii) an Attorney of a High Court. (b) Any assessor under this sub-section may be appointed either for general enquiries or for any particular enquiry or class of enquiries, and shall be paid the prescribed remuneration.

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