Procedure for inquiries related to misconduct

(1) Where the Council, on receipt of any information or on any complaint made to it, is prima facie of the opinion that any paramedical professional has been guilty of any professional or other misconduct, the Council shall refer the matter to the Disciplinary Committee constituted under sub-section (1) of section 13 and thereafter the Disciplinary Committee shall conduct such inquiry in such manner as may be determined by regulations and shall report the result of such inquiry to the Council. (2) If upon receipt of such report, the Council concludes that the paramedical professional is not guilty of any professional or other misconduct, it shall record its conclusion accordingly and give directions that the proceedings be filed or the complaint be dismissed, as the case may be. (3) If, upon receipt of such report, the Council finds that, as the case may be, any paramedical professional is guilty of any misconduct in his professional capacity or has violated the standards of professional conduct or etiquette or the code of ethics prescribed under this Act, it shall proceed against such person according to the provisions of sub-sections (3) and (4) of section 27. Explanation: For the purposes of this section, "paramedical professional" also includes a person who was a paramedical professional, as the case may be, on the date of the alleged misconduct, even if he does not continue to be so at the time of inquiry. (4) For the purposes of any inquiry under this section, the Council and its Disciplinary Committee shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908: namely— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) discovery and production of any document; and (c) receiving evidence on affidavits.