Section 16 in West Bengal Yoga and Naturopathic System of Medicine Rules, 2015
16. Enquiry.
- Procedure to be followed in conducting any enquiry referred to in clause (c) of sub-section (2) of section 23 shall be as follows:-(a)Whenever information is received that a Yoga and Naturopathic practitioner, who is an applicant for registration or whose name has already been registered (hereinafter referred to as the practitioner), has been found guilty of conduct which prima facie constitutes conduct unbecoming of a person in a professional capacity, the Registrar after consultation and consent of the Council can make an abstract of such information and such further information as he may have subsequently obtained;(b)When the information in question is in the nature of a complaint by a person or body charging the practitioner with conduct in a professional capacity, such complaint shall be made in writing addressed to the Registrar, and shall state the grounds of complaint and shall be accompanied by one or more declarations as to the fact of the case except when the complaint is made by a Government Department;(c)every declaration must state the description and the place of residence of the declarant, and where the fact stated in a declaration is not within the personal knowledge of the declarant, the source of the information and grounds for believing the declaration must be accurately mid hilly stated;(d)(1) the abstract and all other documents having a bearing of the case together with any complaint that may have been lodged shall be submitted by the Registrar to the President, who shall if he thinks fit, instruct the Registrar to ask the practitioners by means of a registered letter for an explanation within a month by the President. After the expiry of such time, the documents with the explanation, if any, shall be referred to for consideration to the Council or any other Committee that may be appointed by the Council with the approval of Government. The Committee shall have power to cause further investigation and to take further evidence and, if necessary, obtain legal or other advice;(2)the committee shall report to the Council and if on the basis of such report the Council considers that the case is one in which an enquiry ought to be held by the Council, the President shall direct the Registrar to take steps for the institution of an enquiry and for having the case heard and determinate by the Council;(e)the enquiry shall be instituted by the issue of a notice in writing on behalf of the Council by the Registrar, addressed to the Practitioner shall specify the nature and particulars of the charge and the date on which the Council intends to deal with the case, and shall call upon the practitioner to answer the charge in writing and to attend before the Council on that date.(f)the notice referred to in rule 20 shall be sent at least twenty-one days before the date of enquiry and shall be accompanied by a copy of section 23 and of the rules to regulate the procedure for conducting an enquiry referred to in that section. A copy of the notice should at the same time be sent to the complainant, if any.(g)in every case in which the Council resolves that mi enquiry shall be instituted, the notice for an enquiry be issued accordingly, and the complainant (if any) and the practitioner charged shall, upon request in writing for that purpose signed by him or representative, entitled to be supplied with a copy of any declaration, explanation, answer of other document given or sent to the Council by or on behalf of the other party by the Registrar, which may on proper proof be used at the hearing as evidence in support of or in answer to the charge specified in the notice of enquiry;(h)any application made by the practitioner between the date of issue of the notice to him and the day fixed for hearing of the charge shall be dealt with by the President in such manner as he shall think fit;(i)a copy of all material documents which are to be laid before the Council as evidence in regard to the case shall be furnished to each Member of the Council before the hearing of the case;(j)at the hearing of the case by the Council, the complainant and also the practitioner may be represented or assisted by a legal or other representative;(k)where a complainant appears personally or by a representative, the order of procedure shall be as followings :-(1)the Registrar will read to the Council the notice of enquiry addressed to the practitioner;(2)the complainant will then be invited to state his case himself or by his representative and to produce his evidence in support of his allegations. At the conclusion of the complainant's evidence his case will be closed;(3)the practitioner will then be invited to state his case himself or by his representative, 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 with reply; ? '(4)at the conclusion of the practitioner's case the Council shall, if the practitioner has produced evidence, hear the complainant in reply on the circumstances 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;(5)where a witness is produced by any party before the Council he will be first examined by the Party producing him, and then cross-examined by the adverse party and then re-examined by the party producing him. The Council may decline to admit in evidence any declaration where the declarant is not present for, or declines to submit to, cross-examination;(6)the President of the meeting may put questions to any witness, and members of the Council.(l)Where there is no complainant or no complainant appears, the order of procedure shall be as followings:-(1)the Registrar will read to the Council the notice of enquiry addressed to the practitioner aid will state the facts of the case and produce before the Council the evidence by which it is supported;(2)the practitioner will then be invited to state his case himself or by his representative, 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 with reply;(m)upon the conclusion of the case the Council will deliberate thereon in private, and at the conclusion of the deliberations the President shall call upon the council to vote on the question whether the practitioner charged is guilty or is of infamous conduct in a professional capacity;(n)If the Council by a majority of two-thirds of the Members present and voting at the meeting find the practitioner guilty of questionable conduct in a professional capacity, the Council shall direct the Registrar not to register his name, if he be an applicant for registration or to remove his name from the Register of registered practitioners, if he is already a registered practitioner or to warn or to censure him;(o)When the registration of the name of any practitioner is refused or when the name of any registered practitioner is removed from the register in accordance with the provisions of these rules, the Registrar shall forthwith send notice of such refusal or removal to the practitioner, by registered letter addressed to his last known address. The Registrar shall also send forthwith intimation of any such refusal or removal to the body or bodies from whom the practitioner received his qualification or qualifications, and shall request it or them unless the consent is being provided by the Council or President of the Council not to admit him and to any examination for any new qualification, which is registrable in the register or registered practitioners. If his name is removed from the Register, the Registrar shall issue a notification in the 'Kolkata Gazette' announcing the removal and forward summary of the proceedings.
