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Section 71: Procedure of inquiry

The Goa Medical Council Rules, 1995State Rules of Goa · 1991

(1) Where as complainant appears personally or through an Advocate, the following procedure shall be followed, namely:—

(a) The Registrar will read to the Executive Committee the notice of inquiry addressed to the practitioner;

(b) The complainant will then be invited to state his case by himself or through his Advocate and to produce his evidence in support of it at the conclusion of the evidence of the complainant, his case will be closed;

(c) The practitioner will then be invited to state his case by himself or by his Advocate and to produce his evidence in support of his case, He may address the Council either before or at the conclusion of his evidence but only once;

(d) At the conclusion of the practitioner’s case the Executive Committee shall, if the practitioner has produced evidence, hear the complainant in reply on the case generally, but will bear no further evidence except in any special case in which the Committee may think it right to receive such further evidence. If the produces no evidence, the complainant will not be heard in reply except by special leave of the Committee;

(e) Where a witness is produced by any party before the Executive Committee he will be first examined by the party producing him, and be cross examined by the opposite party and then re-examined by the party producing him. The Executive Committee reserves to itself the right to decline to admit in evidence any declaration where the declarant is not present or declines to submit to cross-examination;

(f) The Chairman and the Assessor, if any, appointed under the Act, may put question to the complainant and registered practitioner including any of their witnesses; and members of the Executive Committee, through the Chairman, may likewise put questions to them.

(2) When there is no complainant or no complainant appears, the following procedure shall be followed, namely:—

(a) The Registrar shall read to the Executive Committee the notice of inquiry addressed to the practitioner, and will state the facts of the case and produce before the Executive Committee the evidence by which it is supported in the presence of the registered medical practitioner.

(b) The practitioner shall then be invited to state his case by himself or by his legal practitioner and to produce his evidence in support of it. He may address the Executive Committee either before or at the conclusion of his evidence, but only once.

(c) The legal practitioner of the Executive Committee, if any, may be heard in reply if the Executive Committee so desires.

Where this provision sits

ActThe Goa Medical Council Rules, 1995
Section71
Marginal noteProcedure of inquiry
JurisdictionState of Goa
StatusIn force as published by the source

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