Penal Removals From The Register

PART V – PENAL REMOVALS FROM THE REGISTER.

23. Whenever information is received that any registered practitioner has been convicted of a congnizable offence or has been found guilty of conduct which prima facie constitutes infamous conduct in a professional respect, the Registrar shall make an abstract of such infomation and of any further information he may have subsequently obtained.

24.

(1) Where the information in question is in the nature of a Complaint by a person or body charging the Registered practitioner with infamous conduct in any professional respect, such complaint shall be made writing addressed to the Register and shall state the grounds of complaint and shall be accompained by one or more declarations as to the facts of the case.

(2) Every declaration must state the description and true place of abode of the declarant and where the facts states in a declaration are not within the personal knowledge of the delarant, the source of the information and gounds for the belief of the declarant in its truth, shall be accurately and fully stated. Declarations or parts of declarations which are made in contravention of this rule shall not be accepted as evidence.

25. The Abstracts, and where a complaint has been lodged, the complaint and all other documents bearing on the case shall be submitted by the Regisrer to the Chairman Who shall when he thinks fit instruct the Registrar to ask the registered practitioner by means of registered letter for any explanation he have to offer. The relevant papers including any explanstion forwarded by the registered practitioner to the Registrar shall then be put up before the chairman who shall consider the same and shall cause further investigation to be made and further evidence to be taken and if the chairman is of the opinion that a prima facie case is not made out the case shall not be proceeded with further and the Ragistrer shall inform the complainant, of the decision of the chairman. The Chairman shall, in such cases, send his decision for the information of the Board. If the chairman is of the opinion that the circumstances warrant that an enquiry ought to be held in the case. The Chairman shall direct the Registrar to take steps for the institution of an enquiry and for having the case heard and determined by the Board.

26. An enquiry directed under the forgoing rule shall be instituted by the issue of notice in writing on behalf on the Board by the Registrar addressed to the registered practitioner. Such notice shall specify the nature and particulars of the charge and inform him of the day on which the Board intends to deal with the case and shall call upon the registered practitioner to answer the charges in writing and to attend before the Board on such day. The notice shall be issued in form 'G' with such variations as circumstances may require, at least three weeks before the date of enquiry. The Registrar shall also inform the complainant of the date so appointed where a complaint has been lodged.

27.

(1) Any answer, evidence or statement forwarded or application made, by the registered practitioner between the date of the issue of the notice and the day appointed for the hearing of the case shall be dealt with by the Chairman in such manner as he may think fit.

(2) All material documents which are to be laid before the Board as evidence to the case shall be printed or typed and a copy thereof shall be furnished to each member of the Board before the hearing of the case.

28. At the hearing of the case by the Board the Registered practitioner, and where a complaint has been lodge also the complainant will be entitled to be heard.

29. Where the complainant appears the following shall be the order of procedure:-

(1) The Registrar shall read to the Board the notice of the enuiry addressed to the practitioner.

(2) The complainant shall then be invited to state his case and to produce evidence in support it.

(3) The registered practitioner will then be invited to state his case and do produce evidence in support of it. He may address the Board either before or at the conclusion of his evidence.

(4) At the conclusion of the registered practitioner's case the Board will, if the practitioner has produced evidence, hear the complainant in reply on the case generally, but will allow no further evidence accept in any special case in Which the Board may think fit to allow such further evidence. If the registered practitioner produces no evidence the complainant shall not be heard in reply except by special leave of the Board.

(5) Where a witness is produced by a party before the Board, he shall first be examined by party producing him and then cross-examined by the adverse party and then re-examined by the party producing him. The Board may decline to admit in evidence any declaration where the declarant is not present or declines to submit to cross examination.

(6) The Chairmain of the Baord when present may put questions to any witness.
30. Where there is no complaint or no complainant appears, the following shall be the order of procedure :-

(1) The Registrar shall read to the Board the notice of enquiry addressed to the registered practitioner and shall state the facts of the case and produce beore the Board the evidence by which it is supported.

(2) The registered practitioner shall then be invited to state his case and to produce his evidence in support of it. He may address the Board either before or at the conclusion of the evidence.

31. The Board may, if they think fit. adjourn the hearing of a case from time to time, and shall inform the registered practitioner and the complainant accordingly. If they are not present or when the date to which the hearing is adjourned is not fixed forthwith the Regtrar shall intimate to them the date by registered letter at least 28 days before the date so fixed.

32.

(1) Upon the conclusion of the hearing the Board shall deliberate in camera, and at the conclusion of the deliberation, the Chairman shall call upon the members of the Boards Present to cast their votes on the following questions according to the nature of the charge, namely :-

(a)

(i) Whether the registered practitioner has been proved to have been convicted of a congnisable-Offence?

(ii) If so whether the offence discloses such defect of charector as is in their opinion sufficient to make him unfit to practise his profession?
(b) Whether the registerd practitioner has been guilty of an infamous conduct in a profession?

(2) If the majority of members present (Including the Chairman Who shall have a casting vote in case of quality of the votes) Vote in the negative, the registred practitioner shall be dischrged.

(3) If the majority od the members present (Including the Chairman who shall have a casting vote in case of equality of the votes) Vote in the affirmative, the Boards shall order the removal of the name of the practitioner.

33.The Registrar shall upon the removal of any name from the register pursuant to the provisions of the proceeding rules of section 26 of the Act, forthwith send notice of such removal to the registered practitioner. Such notice shall be sent by registered letter addressed to the last known address or to the registered address of the practitioner. The Regtrar shall also send forthwith intimation of any such removal to the Dean or secretary or other corresponding officer of any body or bodies from which the practitioner had received his qualification or qualifications.