(1)(a)If a registered practitioner has been, after due inquiry held by the Council in the prescribed manner, found guilty of any misconduct, the Council may-(i)issue a letter of warning to such practitioner, or(ii)direct the name of such practitioner either to be removed from the register for such period as may be specified in the direction, or to be removed from the register permanently.Explanation. - For the purposes of this section, "misconduct" shall mean-(i)a cognizable offence by a registered practitioner which involves moral turpitude and for which he is convicted by a criminal court, or(ii)a cognizable offence by a registered practitioner subject to military law for which he is convicted under the Army Act, 1950 (XLVI of 1950), or(iii)any conduct which, in the opinion of the Council, is infamous in relation to the profession.(b)The Council may, on sufficient cause being shown, direct at any time that the name of the practitioner so removed shall re-entered in the register on such conditions and on payment of such fees as may be prescribed and on such further conditions as the Council may impose.(2)If the name of any such practitioner is entered in-(a)the register maintained under the Bombay Medical Act, 1912 (Bombay VI of 1912), or any corresponding law for the time being in force in any part of the State of Gujarat, or(b)the register or list maintained under the Bombay Medical Practitioners' Act, 1938 (Bombay XXVI of 1938), or any other corresponding law, it shall be the duty of the Council 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 Council shall also remove his name from the register under this Act.(4)The Council may, on its own motion or on the application of any person after due and proper enquiries 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 Council such entry was fraudulently or incorrectly made.(5)When the name of a registered practitioners is removed from the register under sub-section (1), (3) or (4), the certificate of registration and the renewal slip or slips cancellation of the certificate of registration shall be notified by the Registrar in the Official Gazette and such newspapers as the Council may select.(6)In holding inquiries under this section, the Council 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; and(c)issuing of commissions for the examination of witnesses.(7)All inquiries under this section shall be deemed to be judicial proceedings within meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860).(8)(a)For the purpose of advising the Council on questions of law arising in any inquiry before it, there may be appointed by the Council an assessor, who on the date of appointment is-(i)an advocate enrolled under the Indian Bar Councils Act, 1926 (XXXVIII of 1926), or the Advocates Act, 1961 (XXV of 1961), or(ii)an attorney of a High Court,and has practised as such advocate or attorney for not less than ten years.(b)In every inquiry under this section, the advice to be tendered by the assessor to the Council on any question of law shall be tendered by him in the presence of the registered practitioner whose misconduct is under inquiry or the person representing him at the inquiry, and if the advice is tendered after the Council has begun to deliberate as to its findings, such practitioner or person shall be informed what advice the assessor has tendered. Such practitioner or person shall also be informed, if in any case the Council 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.(9)The provisions of sub-sections (1) to (8) shall apply mutatis mutandis to the removal of the name of any practitioners from the list maintained under section 18 or the cancellation or alteration of any entry in such list.
