Removal of names from register or list.

(1) If a registered practitioner has been, after due inquiry held by the Board (or a Committee appointed by the Board for that purpose) in the presetibfld manner found guilty of any misconduct by the Board, the Board may—

(a) issue a letter of warning to such practitioner; or

(b) direct the name of such practitioner either to be removed from the register for such period as may be specified in the direction, or to be removed from the register permanently.

Explanation.—For the purposes of this section, "misconduct" shall mean—

(i) a cognizable offence by a registered practitioner which involves moral turpitude, and for which he is convicted by a criminal court, or

(ii) a cognizable offence by a registered practitioner subject to military law, for which he is convicted under the Army Act, 1950, or

(iii) any conduct which, in the opinion of the Board, is infamous in relation to the medical profession, particularly under any code of ethics, if any, prescribed by the Board.

(2) If the name of any such practitioner is entered in—

(a) the register maintained under the Bombay Medical Act, 1912 or any corresponding law for the time being in force in any part of the State; or

(b) the register or list maintained under any law for the time being in force in relation to the qualifications and registration of Homoeopathic practitioners in any part of the State,

it shall be the duty of the Registrar to give intimation of such removal to the authority entitled to maintain the register, or as the case may be, the list.

(3) If the name of a registered practitioner is also entered in the register OP the list, as the case may be, maintained under any of the laws referred to in sub-section (2) and it is removed from such register or list, the Board shall, if such removal comes to its notice, also remove his name from the register under this Act.

(4) The Board may, on sufficient cause being shown, direct at any subsequent date that the name of a practitioner removed under sub-section (1) shall be re-entered in the register on such conditions and on payment of such fees, as may be prescribed.

(5) The Board may, of its own motion, or on the application of any person, after due and proper enquiry and after giving an opportunity to the person concerned, of being heard, cancel or alter any entery in the register if in the opinion of the Board, such entry was fraudulently or incorrectly made.

(6) In holding any inquiry under this section, the Board, or a Committee appointed by the Board, 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; and

(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 Indian Penal Code.

(8) (a) For the purpose of advising the Board or a Committee appointed by it, on any question of law arising in any inquiry under this section, there may, in all such inquiries, be an assessor, who on the date of appointment is—

(i) an Advocate enrolled under the Indian Bar Councils Act, 1926, or the Advocates Act, 1961; or

(ii) an attorney of a High Court,

and has practised as an advocate or attorney for not less than ten years.

(b) In every inquiry under this section, the advice to be tenderd by an assessor to the Board or to the Committee, as the case may be, on any question of law, shall be tendered by him in the presence of the registered practitioner whose misconduct is under inquiry or the person representing him at the inquiry and if the advice is tendered after the Board has begun to deliberate as to its findings, such practitioner or person shall be informed what advice the assessor has tendered. Such practitioner or person shall also be informed if in any case the Board 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 inquiry or class of inquiries, and shall be paid such remuneration as may be prescribed.

(9) The provisions of sub-sections (1) to (8) shall apply mutatis mutandis to the practitioners included in the list.