Section 14 in Tamil Nadu Homeopathy System of Medicine and Practitioners of Homeopathy Rules, 1972
14. Inquiry.
(1)Whenever information is received that a medical practitioner who is an applicant for registration, or whose name has already been registered, has been guilty of conduct which prima facie constitutes infamous conduct in a professional respect, the registrar shall make an abstract of such information.(2)Where the information in question is in the nature of a complaint by a person or body charging a medical practitioner with infamous conduct in a professional respect, 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 declaration as to the facts of the case.(3)Every declaration must state the description and place of abode of the declarant, and where the facts stated in a declaration are not within the personal knowledge of the declarant, the source of the information and the grounds for it must be accurately and fully stated.(4)(i)The abstract and, where a complaint has been lodged, the complaint, and all other documents which have a bearing on the case, shall be submitted by the registrar to the president who may, if he thinks fit, instruct the registrar to furnish the medical practitioner concerned with a copy of the complaint and other documents and invite him by means of a registered letter to submit any explanation he may have to offer. The documents, including any explanation submitted by the practitioner to the registrar shall, then, be placed before the Council.The council may, then,-(a)order that all further proceedings, be stopped:(b)appoint a committee to consider the matter and submit a report to the council as to whether proceedings should be instituted under section!5 or section 19 or(c)direct that a regular inquiry be held by the council or a committee thereof appointed under section 21(1).A committee appointed to make a preliminary inquiry shall have power to cause further investigation to be made and further evidence to be taken and to take any legal advice or procure any legal assistance it may think necessary. The committee shall submit its report to the council.(ii)If the council consider that the case is one in which an inquiry under section 15 or section 19 ought to be held, the president shall direct the registrar to take steps for the institution of any inquiry and for having the case heard and determined by the council.Explanation. - It is not necessary that declaration under sub-rules (2) and (3) should be attested by a Magistrate. The declaration is only intended to ensure that there shall be bona fide grounds for proceeding against a medical practitioner and that action is not initiated on the allegations which are not capable of being verified.(5)When the charge is brought by a complainant, they shall require the complaint to be reduced to writing and verified by oath or solemn affirmation of the complainant. The articles of charge and a list of documents and witnesses by which each charge is to be sustained shall, then, be prepared and the registrar shall issue a notice in writing on behalf of the council addressed to the medical practitioner concerned. Such notice shall be accompanied by a copy of the articles of charge and a list of witnesses and documents referred to above and shall inform the medical practitioner concerned of the day on which and the hour at which the council or committee intend to deal with the case and shall call upon him to attend before the council or committee on that day and hour. The notice shall be in Form XIV with such variations as circumstances may require. It shall be served on the medical practitioner fifteen clear days before the beginning of the inquiry, and shall be accompanied by a copy of sections 15,19 and 21 and of the rules to regulate the procedure for conducting any inquiry thereon. Service of the notice maybe made either by delivery to the medical practitioner in person or by registered letter addressed to his usual residence.(6)In every case in which the council resolve that an inquiry shall be instituted and notice of inquiry is issued accordingly, the complainant (if any) and the medical practitioner concerned shall, upon the request in writing signed by the party or his pleader, be entitled to be supplied by the registrar with a copy or any declaration, explanation, answer or other document given or sent to the council by or on behalf of the other party, which such either party will be entitled on proper proof to use at the hearing as evidence in support of, or in answer to, the charge specified in the notice of inquiry.(7)Any answer, evidence, or statement forwarded, or application made by the medical practitioner between the date of issue of the notice and the day named for the hearing of the charge shall be dealt with by the president in such manner as he may think fit.(8)Copies of all documents which are laid before the council or committee as evidence in regard to the case shall be made and furnished to each member of the council or committee, as the case may be, before the hearing of the case.(9)At the hearing of the case by the council, or committee, the complainant and also the medical practitioner concerned may, if they so desire, be represented or assisted by pleaders.(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.(11)When there is no complainant, or no complainant appears, the proceedings shall begin by the registrar reading to the council the notice to inquiry addressed to the medical practitioner concerned and the articles of charge and stating the evidence by which the articles of charge are supported.The medical practitioner shall, then, be called upon to plead "guilty" or "not guilty". The further proceedings shall be conducted in accordance with the procedure laid down in sub-rule (10) above.(12)The council or committee may, at their discretion, hold the inquiry in camera.(13)(i)Upon the conclusion of the case, the council or committee will deliberate thereon in private, and at the conclusion of the deliberations, the council or the committee shall vote on the question whether the articles of charge are proved or not and whether they show that the medical practitioner concerned has been guilty of infamous conduct in a professional respect, or not.(ii)If the council or committee by a majority find the medical practitioner guilty of infamous conduct in a professional respect, the president shall direct the registrar not to register his name if he be an applicant for registration, or to remove his name altogether or for a specified period from the register of medical practitioners if he is already a registered practitioner except in cases where the council or committee consider that in view of extenuating circumstances, the practitioner may be let off with a warning.(14)When the registration of the name of any medical practitioner is refused or when the name of any registered medical practitioner is removed from the register, the registrar shall forthwith send notice of such refusal or removal to the medical practitioner concerned in Form XII and such notice shall be sent by a 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 medical practitioner received his qualification or qualifications and shall request them not to admit him to any examination for any new qualification, which is registerable in the register of registered practitioners without previous reference to the council.
