Section 23 in Maharashtra Homoeopathic Practitioners' Act, 1960
23. Removal of names from register.
(1)(a)If a registered practitioner has been, after due inquiry held by the [Council] [This word was substituted for the word 'Board' by Maharashtra 16 of 1988, Section 24(a)(i).] in the manner prescribed by rules, found guilty of any misconduct, the [Council] [This word was substituted for the word 'Board' by Maharashtra 16 of 1988, Section 24(a)(i).] may-(i)issue a letter of warning addressed to such practitioner, or(A)to be removed from the register for such period as may be specified in the direction, or(B)to be removed from the register permanently.(ii)direct the name of such practitioner-Explanation.- For the purposes of this section "misconduct" shall mean-(i)conviction of the registered practitioner by a criminal court for an offence which involves moral turpitude and which is cognizable within the meaning of the [Code of Criminal Procedure, 1973] [These words were substituted for the words 'Code of Criminal Procedure, 1898', ibid, Section 24(a)(ii).] or(ii)conviction under the Army Act, 1950, of the registered practitioner subject to military law for an offence which is cognizable within the meaning of the [Code of Criminal Procedure, 1973] [These words were substituted for the words 'Code of Criminal Procedure, 1898', ibid, Section 24(a)(ii).] or(iii)any conduct, which, in the opinion of the Board, is infamous in relation to the profession.(b)The Board may, on sufficient cause being shown, direct at any time that the name of the practitioner so removed shall be re-entered in the register on such conditions and on the payment of such fees as may be prescribed by rules and on such further conditions as the Board may impose.(2)[ If the name of any such practitioner is entered in the register maintained under the Maharashtra Medical Practitioners' Act, 1961, or the Maharashtra Medical Council Act, 1965, or any other corresponding law for the time being in force in any part of the State of Maharashtra, it shall be the duty of the Council to give intimation of such removal to the authority responsible to maintain the said register.] [Sub-section (2) was substituted by Maharashtra 16 of 1988, Section 24(b).](3)[ If the name of registered practitioner is also entered in the register maintained under any of the laws referred to in sub-section (2) and it is removed from the said register, the Registrar, with the approval of the Council, shall also remove his name from the register under this Act.] [Sub-section (3) was substituted by Maharashtra 16 of 1988, Section 24(c).](4)The [Council] [This word was substituted for the word 'Board' by Maharashtra 16 of 1988, Section 24(d).] 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] [This word was substituted for the word 'Board' by Maharashtra 16 of 1988, Section 24(d).], such entry was fraudulently or incorrectly made.(5)In holding inquiries under this section, the [Council] [This word was substituted for the word 'Board' by Maharashtra 16 of 1988, Section 24(d).] shall have the same powers as are vested in civil courts under the Code of Civil Procedure, 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;(c)issuing of commissions for the examination of witnesses.(6)All inquiries under this section shall be deemed to be judicial proceeding within the meaning of sections 193, 219 and 228 of the Indian Penal Code.(7)(a)[(a) For the purpose of advising the Council or the Executive Committee on any question of law arising in any inquiry before it, there may be appointed by the Council an assessor who has been-for not less than ten years-(i)an Advocate enrolled under the Advocates Act, 1961; or(ii)an attorney of a High Court.](b)Where an assessor advises the [Council or the Executive Committee] [This word was substituted for the word 'Board' by Maharashtra 16 of 1988, Section 24(e).] on any question of law as to evidence, procedure or any other matter, he shall do so in the presence of every party, or person representing a party, to the inquiry who appears thereat, or if the advice is tendered after the [Council or the Executive Committee] [This word was substituted for the word Board by Maharashtra 16 of 1988, Section 24(e).] has begun to deliberate as to their findings, every such party or person as aforesaid shall be informed what advice the assessor has tendered. Such party or person shall also be informed, if in any case the Board does 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 by rules.(8)[**********] [Clause (8) was deleted by Maharashtra 16 of 1988, Section and figures 24(g).]
