section 21
Disciplinary action including removal of names from the Register
The Uttarakhand State Commission for Women Act, 2005General200533 sections
Statutory text
- (1) The council shall have a disciplinary committee comprising of:
- (i) A Chairman to be nominated by the council;
- (ii) A member of legislative Assembly of Uttarakhand State nominated by the speaker;
- (iii) A legal expert to be nominated by the Law Department;
- (iv) An eminent public man nominated by the Government;
- (v) An eminent medical specialist in the relevant specialist to which the complaint pertains, to be nominated by the council ; and
- (vi) A member nominated by Medical Association of Uttarakhand State
- (2) 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 or the executive committee, the council may:-
- (a) Issue a letter of 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/she is convicted 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
- (b) in the opinion of the council his/her conduct is infamous 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.
- (3) The council may, on sufficient cause being shown, direct on any subsequent date that the name of a practitioner removed under the sub-section (1) shall be re-entered in the register on such conditions, and on payment of the prescribed fee, as the council may deem fit.
- (4) 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.
- (5) 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 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.
- (7) 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 inquired an assessor, who has been for not less than ten years;
- (i) an advocate enrolled under the advocated Act 1961, or
- (ii) advocate General of the Honorable High Court;
- (iii) an attorney of a High Court. Explanation—
- (a) for the purpose of this sub-section for computing the required period that period will also be added during which a person has been enrolled as an advocate under the Indian Bar council Act, 1926.
- (b) where an assessor advises the Council, 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 advices tendered after the Council or the Executive committee has begin to deliberate as to its findings, every such party or person as a aforesaid shall be informed what advice the assessors has tendered, such party or person shall also be informed if, in any case, the council or the executive committee does not accept the advice of the assessors on any such questions as a foresaid.
- (c) any assessors under this section may be appointed either generally, or to any particular inquiry, and shall be paid the prescribed remuneration as may be prescribed from time to time.
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