Section 22 in The Maharashtra Medical Council Act, 1965
22. Removal of names from the register.
(1)If a registered practitioner has been, after the inquiry held by the Council (or by the Executive Committee) in the prescribed manner, found guilty of any misconduct by the Council may-(a)issue a letter of warning to such practitioner, or(b)direct the name of such practitioner-(i)to be removed from the register for such period as may be specified in the direction, or(ii)to be removed from the register permanently.Explanation. - For the purposes of this section, "misconduct" shall mean-(i)the conviction of a registered practitioner by a criminal court for an offence which involves moral turpitude ad which is cognizable within the meaning of [the Code of Criminal Procedure, 1973] [These words were substituted for the original by Maharashtra 12 of 1984, Section 5.]; or(ii)the conviction under the Army Act, 1950, of a 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 original by Maharashtra 12 of 1984, Section 5.]; or(iii)any conduct which, in the opinion of the Council, is infamous in relation to the medical profession particularly under any Code of Ethics prescribed by the Council or by the Medical Council of India constituted under the Indian Medical Council Act, 1956, in this behalf.(2)If the name of any such practitioner is also entered in -(a)the register or the list maintained under the Maharashtra Medical Practitioners' Act, 1961, or(b)the register or the list maintained under the Bombay Homoeopathic and Biochemic Practitioners' Act, 1959,it shall be the duty of the Registrar 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 subsection (2) and it is removed from the said register or the said list, the Council shall if such removal comes or is brought to its notice, also remove the name of such registered practitioner from the register under this Act.(4)The Council may, on sufficient cause being shown, direct at any subsequent date that the name of a practitioner removed under sub-section (1) or (3) shall be re-entered in the register on such conditions and, on payment of such fee, as may be prescribed.(5)The Council may, of its own motion, or on the application of any person after due and proper inquiry and after giving an opportunity to the person concerned of being heard, cancel or alter any entry in tree register if, in the opinion of the Council, such entry was fraudulently or incorrectly made.(6)In holding any inquiry under this section, the Council or the Executive Committee, as the case may he, 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 he production of documents;(c)issuing of commissions for the examination of witnesses.(7)All inquiries under this section shall be deemed to be judicial proceedings meaning of sections 193, 219 and 228 of the Indian Penal Code.(8)(a)For the purpose of advising the Council or the Executive Committee, as the case may be, on any question of law arising in any inquiry under this section, there may in all such inquiries be an assessor, who has been for not less than ten years -(i)an advocate enrolled under the Advocate Act, 1961, or(ii)an attorney of a High Court.Explanation. - For the purposes of this clause, in computing the period during which a person has been enrolled as an Advocate, there shall be included any period during which he has enrolled as an Advocate under the Indian Bar Councils Act, 1926.(b)Where an assessor advises the Council, or the Executive Committee, or 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 has begun to deliberate as to its 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 Council or the Executive Committee 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 inquiries or class of inquiries, and shall be paid the prescribed remuneration.
