Disciplinary action including removal of names from the Register

(1) The Parishad shall have a disciplinary Committee comprising— (i) a Chairman to be nominated by the Parishad; (ii) a legal expert to be nominated by the Parishad; (iii) one member of Legislative Assembly of Delhi to be nominated by the Speaker thereof; (iv) an eminent public man nominated by the Government; (v) an eminent Indian Medicine specialist in the relevant speciality to which the complaint pertains, to be nominated by the Parishad; (vi) a member nominated by Indian Medicine related association of Delhi with minimum ten years standing in practice. (2) If a registered practitioner has been, after due inquiry held by the Parishad or by the Executive Committee in the prescribed manner, found guilty of any misconduct by the Parishad or the Executive Committee, the Parishad may— (a) issue a letter or 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 aforesaid direction; or (ii) to be removed from the register permanently. Explanation— For the purpose of this section, a registered practitioner shall be deemed to be guilty of misconduct if— (a) he is convicted by a criminal court for an offence which involves moral turpitude and which is cognizable within the meanings of the Code of Criminal Procedure, 1974 (Central Act 2 of 1974), or (b) in the opinion of the Parishad his conduct is unworthy of the medical profession particularly under any Code of Ethics prescribed by the Parishad or by the Central Council of Indian Medicine constituted under the Indian Medicine Central Council Act, 1970 (Central Act 48 of 1970) in this behalf. (3) The Parishad may, on sufficient cause being shown, direct on any subsequent date that the name of a practitioner removed under the sub-section (2) shall be re-entered in the register on such conditions, and on payment of the prescribed fee, as the Parishad may deem fit. (4) The Parishad 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 the register, if in the opinion of the Parishad, such entry was fraudulently or incorrectly made. (5) In holding any inquiry under this section, the Parishad or the Executive Committee, as the case may be, shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure, 1908 (Central Act 5 of 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 the inquiries under this section shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860). (7) (a) For the purpose of advising the Parishad 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 an advocate enrolled under the Advocates Act, 1961 (Central Act 25 of 1961). (b) direct the name of such practitioner-(i) to be removed from the register for such period as may be specified in the aforesaid direction; or (ii) to be removed from the register permanently. Explanation- For the purpose of this section, a registered practitioner shall be deemed to be guilty of misconduct if-(a) he is convicted by a criminal court for an offence which involves moral turpitude and which is cognizable within the meanings of the Code of Criminal Procedure, 1974 (Central Act 2 of 1974), or (b) in the opinion of the Parishad his conduct is unworthy of the medical profession particularly under any Code of Ethics prescribed by the Parishad or by the Central Council of Indian Medicine constituted under the Indian Medicine Central Council Act, 1970 (Central Act 48 of 1970) in this behalf. (3) The Parishad may, on sufficient cause being shown, direct on any subsequent date that the name of a practitioner removed under the sub-section (2) shall be re-entered in the register on such conditions, and on payment of the prescribed fee, as the Parishad may deem fit. (4) The Parishad 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 the register, if in the opinion of the Parishad, such entry was fraudulently or incorrectly made. (5) In holding any inquiry under this section, the Parishad or the Executive Committee, as the case may be, shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure, 1908 (Central Act 5 of 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 the inquiries under this section shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860). (7) (a) For the purpose of advising the Parishad 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 an advocate enrolled under the Advocates Act, 1961 (Central Act 25 of 1961). Explanation- For the purpose of this sub-section, in computing the period during which a person has been enrolled as an advocate, there shall be included any period during which he was enrolled as an advocate under the Indian Bar Council Act, 1926. (b) Where an assessor advises the Parishad, or the Executive Committee, as the case may be, 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 Parishad 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 of person shall also be informed if, in any case, the Parishad 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 to any particular inquiry, and shall be paid the prescribed remuneration. (8) The name of every registered practitioner after his death, shall be removed from the register.