Section 9 in The Haryana Homoeopathic Practitioners (General) Rules, 1975
9. Procedure on the commission of an offence etc. by a registered practitioner.
[Section 16(5)]. - (1) Whenever information is received by the Registrar that any registered practitioner has been found guilty of conduct which, prima facie, constitutes in famous conduct in professional respect, the Registrar shall make an abstract or such information and of any further information he may have subsequently obtained.(2)The detailed procedure in this respect is given below :-(a)Where the information in question in the nature of a complaint by a person or body charging the registered practitioner with infamous conduct in any professional respect, such complaint shall be made in writing to the Registrar and shall state the grounds of complaints and shall be accompanied by one or more declarations as to the facts of the case.(b)Every declaration must state the description and true place of abode of the declarant and where the facts stated in declaration are not within the personal knowledge of the declarant, the source of the information and grounds for the belief of the declarant in its truth, shall be accurately and fully stated. Declarations or parts of declarations which are made in contravention of this rule shall not be accepted as evidence.(c)The complaint, and all other documents bearing on the case shall be submitted by the Registrar to the Chairman who shall when he thinks fit direct the Registrar to ask the registered practitioner by means of a registered letter for any explanation he may have to offer. The relevant papers including any explanation sent by the Registered Practitioner to the Registrar shall then be put up before the Chairman who shall consider the same and shall cause further investigation to be made and further evidence to be taken and if the Chairman is of the opinion that a prima facie case is not made out the case shall not be proceeded with further. Such decision shall be communicated by the Registrar to the complainant. If the Chairman is of the opinion that the circumstances warrant that an enquiry ought to be held in the case, the Chairman shall direct the Registrar to take steps for the institution of an enquiry and for having the case heard and determined by the Council.(d)An enquiry directed under the foregoing rule shall be instituted by the issue of notice in writing on behalf of the Council by the Registrar addressed to the registered practitioner. Such notice shall specify the nature and particulars of the charge and inform him to the day on which the Council intends to deal with the case and shall call upon the registered practitioner to answer the charges in writing and to attend before the Council on such day. The notice shall be issued in Form G with such variations as circumstances may require, at least three weeks before the date of enquiry. The Registrar shall also inform the complainant of the date so appointed where a complaint has been lodged.(e)All material and documents which are to be laid before the Council as evidence in the case shall be printed or typed and a copy thereof shall be furnished to each member of the Council before the hearing of the case.(f)At the hearing of the case by the Council the registered practitioner and, where a complaint has been lodged, also the complainant will be entitled to be heard.(3)Where the complainant appears, the following shall be the order of procedure :-(a)The Registrar shall read to the Council the notice of the enquiry addressed to the registered practitioner.(b)The complainant shall then be invited to state his case and to produce evidence in support of it.(c)The registered practitioner will then be invited to state his case and to produce evidence in support of it. He may address the Council after the conclusion of his evidence or at an other stage with the permission of the Council.(d)At the conclusion of the registered practitioner's case the Council shall, if the practitioner has produced evidence, hear the complainant in reply on the case generally, but will allow no further evidence except in any special case in which the Council may think fit to allow such further evidence. If the registered practitioner produces no evidence in defence, the complaint shall not be heard in reply except by special leave of the Council.(e)Where a witness is produced by a party before the Council, he shall first be examined by party producing him and then cross-examined by the adverse party and then re-examined if allowed by the Council, by the party producing him. The Council may decline to admit in evidence any declaration where the declarant is not present or declines to submit to cross-examination.(f)The Chairman of the Council may put questions to any witness.(4)Where there is no complaint or no complainant appears, the following shall be the order of procedure :-(a)The Registrar shall read to the Council the notice of enquiry addressed to the registered practitioner and shall state the facts of the case and produce before the Council the evidence by which it is supported.(b)The registered practitioner shall then be invited to state his case and to produce his evidence in support of it. He may address the Council at the conclusion of the evidence or at any other time with the permission of the Council.(5)The Council may, if it thinks fit, adjourn the hearing of a case from time to time, and shall inform the registered practitioner and the complainant accordingly. If they are not present or when the date to which the hearing is adjourned is not fixed forthwith, the Registrar shall intimate to them the date by registered letter at least 15 days before the date so fixed.(6)(a)Upon the conclusion of the hearing, the Council shall deliberate in camera, and at the conclusion of the deliberation, the Chairman shall call upon the members of the Council present to cast their votes on the following questions according to the nature of the charge, namely :-(i)Whether the registered practitioner has been proved to have been convicted of a cognizable offence ?(ii)If so, whether the offence discloses such defect of character as in their opinion is sufficient to make him unfit to practice his profession ?(iii)Whether the registered practitioner has been guilty of an infamous conduct in a professional respect ?(b)If the majority of members present (including the Chairman who shall have a casting vote in case of equality of the votes) vote in the negative, the registered practitioner shall be discharged.(c)If the majority of the members present (including the Chairman who shall have a casting vote in case of equality of the votes) vote in the affirmative the Council shall order the removal of the name of the practitioner.(7)The Registrar shall, upon the removal of name from the Register pursuant to the provision of the preceding rules forthwith, send notice of such removal to the registered practitioner. Such notice shall be sent by registered letter addressed to the last known address or to the registered address of the practitioner. The Registrar shall also send forthwith intimation of any such removal of the Dean or Secretary or other corresponding officer of the institution from which the practitioner has received his qualification(s).
