Section 22. Removal of names from the register. 9

{
    "act_title": "The Gujarat Medical Council ACT, 1967.",
    "act_slug": "gujarat-medical-council-act-1967",
    "section_label": "Section",
    "section": {
        "number": "22",
        "title": "Section 22. Removal of names from the register. 9",
        "chapter": null,
        "content": "22. (1) If a registered practitioner has been, after due inquiry held by the\r\nCouncil or by the Executive Committee in the prescribed manner, found guilty\r\nof any misconduct by the Council, the Council may-\r\n(a) issue a letter of warning to such practitioner, or\r\n(b) direct the name of such practitioner-\r\n (i) to be removed from the register for such period as may be\r\nspecified in the direction, or\r\n(ii) to be removed from the register permanently.\r\nExplanation. - For the purpose of this section a registered practitioner shall\r\nbe deemed to be guilty of misconduct if-\r\n(a) he is convicted by a criminal court for an offence which involves\r\nmoral turpitude and which is cognisable within the meaning of the Code of\r\nCriminal Procedure, 1898, or\r\n(b) he being subject to military law is convicted under the Army Act.\r\n1950 for an offence which is cognisable within the meaning of the Code of\r\nCriminal Procedure 1898, or\r\n(c) in the opinion of the Council his conduct is infamous in relation\r\nto the medical profession particularly under any Code of Ethics prescribed by\r\nthe Council or by the Medical Council of India constituted under the Indian\r\nMedical Council Act, 1956 in this behalf.\r\n(2) If the name of any such practitioner is also entered in-\r\n(a) the register or the list maintained under the Gujarat Medical\r\nPractitioners' Act, 1963, or\r\n(b) the register or the list maintained under the Gujarat Homoeopathic\r\nAct, 1963,\r\nRemoval of\r\nnames from\r\nthe register.\r\nXLVI of 1950.\r\nV of 1898.\r\nV of 1898.\r\nCII of 1950.\r\nGuj. 6 of\r\n1964.\r\n??  The Gujarat Medical Council Act, 1967. [1968: Guj. 10 It shall be the duty of the Registrar to give intimation of such removal to\r\nthe authority entitled to maintain the said register or the said list.\r\n(3) If the name of the registered practitioner is also entered in the register\r\nor the list, as the case may be, maintained under any of the laws referred to\r\nin sub-section (2) and it is removed from the said register or the said list, the\r\nCouncil shall if such removal comes or is brought to its notice, also remove\r\nthe name of such registered practitioner from the register under this Act.\r\n(4) The Council may, on sufficient cause being shown, direct at any\r\nsubsequent date that the name of a practitioner removed under sub-section\r\n(1) or (3) shall be re-entered in the register on such conditions, and on\r\npayment of such fee, as may be prescribed.\r\n(5) The Council may, of its own motion, or on the application of any person,\r\nafter due and proper inquiry and after giving an opportunity to the person\r\nconcerned of being heard, cancel or alter any entry in the register, if in the\r\nopinion of the Council? such entry was fraudulently or incorrectly made.\r\n(6) In holding any inquiry under this section, the Council or the Executive\r\nCommittee, as the case may be, shall have the same powers as are vested\r\nin Civil Courts under the Code of Civil Procedure, 1908 when trying a suit, in\r\nrespect of the following matters, namely:-\r\n(a) enforcing the attendance of any person, and examining him on oath;\r\n(b) compelling the production of documents;\r\n(c) issuing of commissions for the examination of witnesses.\r\n(7) All inquiries under this section shall be deemed to be judicial proceedings\r\nwithin the meaning of sections 193, 219 and 228 of the Indian Penal Code.\r\n(8) (a) For the purpose of advising the Council or the Executive Committee,\r\nas the case may be, on any question of law arising in any inquiry under this\r\nsection, there may in all such inquiries be an assessor, who has been for not\r\nless than ten years-\r\n(i) an advocate enrolled under the Advocates Act, 1961, or\r\n(ii) an attorney of a High Court.\r\nExplanation. - For the purposes of this clause, in computing the period\r\nduring which a person has been enrolled as an Advocate, there shall be\r\nincluded any period during which he was enrolled as an Advocate under the\r\nIndian Bar Councils Act, 1926.\r\n(b) Where an assessor advises the Council, or the Executive Committee,\r\non any question of law as to evidence, procedure or any other matter, he shall\r\ndo so in the presence of every party or person representing a party, to the\r\ninquiry who appears thereat or if the advice is tendered after the Council or\r\nthe Executive Committee has begun to deliberate as to its findings, every such\r\nparty or person as aforesaid shall be informed what advice the assessor has\r\ntendered. Such party or person shall also be informed if in any case the Council\r\nor the Executive Committee does not accept the advice of the assessor on any\r\nsuch question as aforesaid.\r\n(c) Any assessor under this section may be appointed either generally,\r\nor for any particular inquiries, or class of inquiries, and shall be paid the\r\nprescribed remuneration.",
        "footnote": "",
        "is_definition": false,
        "sort_order": 34
    },
    "prev_section": "21",
    "next_section": "23"
}