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State of Maharashtra - Section

Section 71 in The Maharashtra Medical Council Rules, 1967

71. Procedure of inquiry.

(1)Where a complainant appears personally or by a legal practitioner, the following procedure shall be followed, namely
(a)The Registrar will read to the Council the notice of enquiry addressed to the practitioner.
(b)The complainant will then be invited to state his case by himself or his legal practitioner and to produce his evidence in support of it. At the conclusion of the evidence of the complainant, his case will be closed.
(c)The practitioner will then be invited to state his case by himself or by his legal practitioner and to produce his evidence in support of it. He may address the Council either before or at the conclusion of his evidence, but only once.
(d)At the conclusion of the practitioner's case, the Council shall, if the practitioner has produced evidence, hear the complainant in reply on the case generally, but will hear no further evidence except in any special case in which the Council may think it right to receive such further evidence. If the practitioner produces no evidence, the complainant will not be heard in reply except by special leave of the Council.
(e)Where a witness is produced by any party before the Council will be first examined by the party producing him, and be cross examined by the adverse party, and then re-examined by the party producing him. The Council reserves to itself the right to decline to admit in evidence any declaration where the declarant is not present or declines to submit to cross examination.
(f)The president and the assessor, if any, appointed under section 22 may not put questions to the complainant and registered practitioner including any of their witnesses; and members of the Council, through the President, may likewise put questions to them.
(2)Where there is no complainant or no complainant appears, the following procedure shall be followed namely.
(a)The Registrar shall read to the Council the notice of inquiry addressed to the practitioner, and will state the facts of the case and produce before the Council the evidence by which it is supported.
(b)The practitioner shall then be invited to state his case by himself or by his legal practitioner and to produce his evidence in support of it. He may address the Council either before or at the conclusion of his evidence, but only once.
(c)The legal practitioners of the Council, if any, may be heard in reply if the Council so desires,