Removal of names from register

(1) If a registered veterinary practitioner has been, after due inquiry held by the Council in the manner prescribed by rules found guilty of any misconduct by the Council, the Council may- (a) issue a letter of warning to such veterinary practitioner; or (b) direct the name of such veterinary 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 veterinary practitioner which involves moral turpitude, and for which he is convicted by a criminal court, or (ii) a cognizable offence by a registered veterinary 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 Council is infamous in relation to the veterinary profession, particularly under a code of ethics, if any, prescribed by the Council: Provided that the adoption by a registered veterinary practitioner of a theory of veterinary medicine or surgery which is not in accordance with the theory accepted for the time being shall not be deemed to be misconduct nor shall the association of a registered veterinary practitioner with an unregistered practitioner be deemed to be misconduct, so long as such unregistered veterinary practitioner- (a) is in possession of a recognised qualification, and (b) is not a person whose name has been removed from the register under clause (b) or to whom the provisions of section 15 apply. (2) The Council may, on sufficient cause being shown, direct at any subsequent date that the name of a veterinary 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 by regulations. (3) The Council 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 entry in the register if, in the opinion of the Council, such entry was fraudulently or incorrectly made. (4) Any person aggrieved by an order of the Council under sub-section (1) tor (3) may, appeal in the manner prescribed by rules to the State Government within ninety days from the date on which the order is communicated to him. (5) In holding any inquiry under this section, the Council, 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. (6) 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.