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[Cites 0, Cited by 0] [Section 14] [Entire Act]

State of Tamilnadu - Subsection

Section 14(10) in Tamil Nadu Homeopathy System of Medicine and Practitioners of Homeopathy Rules, 1972

(10)When the complainant appears personally or by pleader, the order of procedure shall be as follows:-
(i)The complainant shall exhibit the articles of charge to the council or committee, which shall be openly read.
(ii)The medical practitioner concerned shall, then, be called upon to plead "guilty" or "not guilty" to each of them, which plea shall forthwith be recorded with the articles of charge. If the medical practitioner refuses or without reasonable cause neglects to appear to answer the charge either personally or by pleader, he shall be taken to admit the truth of the articles of charge.
(iii)The complainant may, then, address the council or committee in explanation of the articles of charge and of the evidence by which they are proved.
(iv)The oral and documentary evidence shall, then, be exhibited. The witnesses shall be examined by, or on behalf of, the complainant and may be cross-examined by, or on behalf of, the medical practitioner concerned. The complainant shall then, be entitled to re-examine the witnesses on any point on which they have been cross-examined. No questions should be asked in re-examination on any new matter without the leave of the coimcil. The council or committee may put Such questions as they think fit.
(v)If, before the close of the case for the complainant, it shall appear necessary, the council or committee may, in their discretion, allow the complainant to exhibit evidence not included in the list furnished to the medical practitioner concerned or may themselves call for new evidence, and in such case the medical practitioner shall be entitled to have, if he demands an adjournment of the proceedings for three clear days before the exhibition of such new evidence, exclusive of the day of adjournment and of the day to which the proceedings are adjourned.
(vi)When the case of the complainant is closed, the medical practitioner concerned shall be required to make his defence, orally or in writing, as he shall prefer. If made in writing, it shall be openly read and a copy shall be given at the same time to the complainant.
(vii)The evidence for the defence shall, then, be exhibited and the witnesses examined, who shall be liable to cross-examination and re-examinations and to examination by the council or committee in the same manner as the witnesses for the complainant.
(viii)The council or committee or some person appointed by them shall take notes in English of all the oral evidence, which shall be read aloud to each witness by whom the same was given, and if necessary, explained to him in the language in which it was given, and shall be recorded with the proceedings.
(ix)If the medical practitioner concerned makes only an oral defence and exhibits no evidence, the inquiry shall end with his defence. If he records a written defence or exhibits evidence, the complainant shall be entitled to a general oral reply on the whole case and may also exhibit evidence to contradict any evidence exhibited for the defence, in which case the medical practitioner concerned shall not be entitled to any adjournment of the proceedings, although such new evidence were not included in the list furnished to him.
(x)When the council or committee is of opinion that the articles of charge, or any of them are not drawn with sufficient clearness and precision, the council or committee may, in their discretion, require the same to be amended, and may, thereupon, on the application of the complainant or the medical practitioner concerned, adjourn the inquiry for such time as they may consider reasonable. The council or committee may also, if they think fit adjourn the enquiry, from time to time, on the application of either the complainant or the medical practitioner concerned, on the ground of sickness or unavoidable absence of any witness or such other case as they may consider reasonable. When such application is made and refused, the council or committee shall record the application and their reasons for refusing to comply with it.