Complaint against medical practitioner

The Council may inquire into complaint against medical practitioner either suo motto or on the basis of any complaint made to the Council in respect of misconduct or negligence of any medical practitioner for the purposes of the Act through the Disciplinary Committee. The Proceedings shall be conducted by the Registrar in the presence of Chairman, Disciplinary Committee and at least two members thereof sitting together. The complaint shall contain the following particulars- (a) the name, description and address of the complainant; (b) the name, description and address of the opposite party or parties, as the case may be, as far as they can ascertained; (c) the facts relating to the complaint, when the cause of action arose and what are the grounds or causes of the complaint; (d) the documents in support of the complaint if any; (e) the relief which the complaint claims. No complaint shall be entertained unless it is in writing and signed by the person making it. The complaint shall be verified by the complainant. The complainant shall file six copies of the complaint along with such number of copies as there are opposite parties in the complaint. All anonymous and fkivolous complaint shall be rejected. Procedure on receipt of complaint- The Council shall on receipt of a complaint- (a) Refer a copy of the complaint to the opposite party mentioned in the complaint directing him to give his version of the case within a period of fifteen days of receivt of copy of the complaint. (b) Where the opposite party on receipt of a complaint referred to him under Clause (a) denies or disputes the allegations contained in the comvlaint, or omits or fails to take any action to represent his case within the time given by the Council, the Council shall proceed to adjudicate the complaint- (i) On the basis of evidence brought to its notice by the complainant where the opposite party omits or fails to take any action to represent his case within the time given by the Council, or (ii) On the basis of evidence brought to its notice by the complainant and the opposite party, where the opposite party denies or dispute the allegations contained in the complaint. (c) On the date of hearing or any other dates to which hearing could be adjourned, it shall be obligatory on the parties to appear before the Council. Wherc thc complainant fails to appcar hcforc thc Cour~cil on such d v s , the Council may in its discretion either opposite party fails to apprar on the date of hearing. the Council mav decide the complain! ex-pane. (d) The decision of the inquiry shall be implemented and communication to the respective parties and to other as may be required. In case there is any difference of opinion amongst themselves, the opinion of the majority shall be the decision.