(1) 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, 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 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 is convicted by a criminal court for an offence which involves moral turpitude and which is cognisable within the meaning of the Code of Criminal Procedure, 1898, or
(b) he being subject to military law is convicted under the Army Act.
1950 for an offence which is cognisable within the meaning of the Code of Criminal Procedure 1898, or
(c) in the opinion of the Council his 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 in this behalf.
(2) If the name of any such practitioner is also entered in-
(a) the register or the list maintained under the Gujarat Medical Practitioners' Act, 1963, or
(b) the register or the list maintained under the Gujarat Homoeopathic Act, 1963, Removal of names from the register.
XLVI of 1950.
V of 1898.
V of 1898.
CII of 1950.
Guj. 6 of
1964.
The Gujarat Medical Council Act, 1967. [1968: Guj. 10 1968: Guj. 10] The Gujarat Medical Council Act, 1967.
It shall be the duty of the Registrar to give intimation of such removal to the authority entitled to maintain the said register or the said list.
(3) If the name of the registered practitioner is also entered in the register or the list, as the case may be, maintained under any of the laws referred to in sub-section (2) and it is removed from the said register or the said list, the Council shall if such removal comes or is brought to its notice, also remove the name of such registered practitioner from the register under this Act.
(4) The Council may, on sufficient cause being shown, direct at any subsequent date that the name of a practitioner removed under sub-section
(1) or (3) shall be re-entered in the register on such conditions, and on payment of such fee, as may be prescribed.
(5) 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.
(6) 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.
(7) 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.
(8) (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 inquiries be an assessor, who has been for not less than ten years-
(i) an advocate enrolled under the Advocates Act, 1961, or
(ii) an attorney of a High Court.
Explanation. - For the purposes of this clause, in computing the period during which a person has been enrolled as an Advocate, there shall be included any period during which he was enrolled as an Advocate under the Indian Bar Councils Act, 1926.
(b) Where an assessor advises the Council, or the Executive Committee, 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 advice is tendered after the Council or the Executive Committee has begun to deliberate as to its findings, every such party or person as aforesaid shall be informed what advice the assessor 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 assessor on any such question as aforesaid.
(c) Any assessor under this section may be appointed either generally, or for any particular inquiries, or class of inquiries, and shall be paid the prescribed remuneration.
23. Notwithstanding anything contained in sections 16 and 21,
(a) on such date after the date of publication of the notice under subsection (6) of section 16, as the Executive Committee may with the previous sanction of the State Government decide, and every five years thereafter, Guj. XXXVI of 1963.
V of 1908.
XLV of 1860.
XXV of 1961.
XXVIII of 1926.
Renewal of registration.
The Gujarat Medical Council Act, 1967. [1968: Guj. 10 1968: Guj. 10] The Gujarat Medical Council Act, 1967.
the Registrar shall cause two notices in the prescribed form to be published, at an interval of not less than thirty days, in the Official Gazette calling upon in the manner provided in clause (b) all registered practitioners to make an application to the Registrar for the continuance of their names on the register;
(b) the Registrar shall, after the publication of the first notice under clause
(a), send a notice by registered post enclosing therewith the prescribed form of application to the registered practitioners at their address as entered in the register, calling upon them to return the application to the Registrar for the continuance of their names on the register within forty-five days of the date of the notice. If any of the registered practitioners fails to return such application within the time specified, the Registrar shall issue a further notice to such registered practitioner by registered post after the publication of the second notice under clause (a) enclosing therewith the prescribed form of application calling upon him to return the application to the Registrar for the continuance of his name on the register within thirty days of the date of the further notice, together with [the prescribed fee];
(c) if the application is not made on or before the date fixed by the further notice sent by registered post under clause (b) the Registrar shall remove the name of the defaulter from the register and shall inform him of such removal by registered post:
Provided that, if an application for continuance of the name so removed is made within a period of six months from the date fixed by the said notice sent by registered post under clause (b), the name so removed may be re-entered in the register on payment of [the prescribed fee].