Removal of names from register

(1) If a registered practitioner has been, after due inquiry held by the Council or by the Executive Committee in the prescribed manner, found guilty of any misconduct by the Council, the Council may— (a) issue a letter of warning to the 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 purpose of this section, “misconduct” shall mean— (i) the conviction of a 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 (Central Act 2 of 1974); or (ii) the conviction under the Army Act, 1950 (Central Act 46 of 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 (Central Act 2 of 1974); or (iii) any conduct which, in the opinion of the Council is in famous 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 (Central Act 102 of 1956) in this behalf. (2) If the name of any such practitioner is also entered in the register or the list maintained by the Directorate of Health Services, Goa, under Decreto No. 34417 of 21-2-1945 (Art. 130), 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 sub-section (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 reentered 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 the 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 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. (7) All 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 (Central Act 45 of 1860). (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 Advocates Act, 1961 (Central Act 25 of 1961) in force; or (ii) an attorney of a High Court. (b) Where an assessor advises the Council, or the Executive Committee, on any question of law as to evidence, procedure or any other matter, he shall do so in the presence of every (c) Any assessor under this section may be appointed either, generally, or for any particular inquiry or class of inquiries, and shall be paid the prescribed remuneration.