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INQUIRIES
79 Complaits againts registered Practioners:-  
 
1

The Council may suo-motu or on any complaint made to it on that behalf hold an inquiry as respects the misconduct of any registered practtioner for the purposes of section 22 of the Act.

2

Any complaint or information received in the office of the Council about the misconduct of any registered practioners shall be submitted by the Registrar to the President.

3

No complaint shall be entertained unless it is in writing addressed to the Council and signed by preson making it, and shall state grounds of complaint, and shall be accompained by declarations as to the facts of the case. All anonymous complaints shall be diregraded.

4

Every declaration shall state the descripition and true place of abode of the declarant, and where a fact state in a declaration is not within his personal knowledge, the source of the information, and grounds for the belief of the declarant in its truth shall be accu-rately and fully stated. Any declaration or part thereof which is made in contravention of this rule shall net be accepted as evidence.

5

If the President has reason to believe that a complaint is pseudonymous, he may call upon the complainant to furnish further praticulars,for ascertaining if the complaint is genuine.

 
80 Procedure for submission of complaint to Executive Committee:-  
 
1

Subject to the provisions of rule 79 the President may, on going through the complaint and all papers submitted by the complainant, instruct the Registrar to ask the practitioner by means of a registered letter for any explanation he may have to offer.

2

All documents pertaining to the complaint inclding any explanation forwarded by the registered practitioner shall then be referred to the Executive Committee along with the remarks of the President, if any.

 
81 Power of Executive Committee to refer complaint to Council:-  
 
1

The Executive Committee shall consider the complaint and may ause further investigation to be made any take such legal dvice by cousulting any legal practitioner as it may deem fit.

2

If the Committee is of opinion that a Prima faice case is ot made out and that the case should therefore be filed or that the circumstances of the case suggest that a warning to the practitioner would be adequate,or that the case is one where the name of the practitioners should be removed from the register, the Committee shall record its findings accordingly, and direct the Registrar to take steps for having the case heard and determined by the Council.

 
82 Procedure for referring the case to Council:-  
 
1

Where the Executive Committee is of opinion that the case should be filed or that a warning would be adequate, the Committee may require the registrar to call by a letter sent by registered post for the explanation of the registered practitioner, if any, within fifteen days of the date of receipt of that letter.

2

After the expiry of the time referred to in sub-rule (1), all the papers of the case including the explanation if any, of the registered practitioner, shall be referred to the Council.

3 On receipt of the Papers under sub-rule (2), the Council shall consider the case and may decide,-
 
a to file the papers ;
b to exonerte the registered practitioner of the charge ;or
c to direct an inquiry to be held as liad down in rule 83 to 90.
 
83 Cases in which Council to hold inquiry, power of Council to appoint assesor:-  
 
1

In all cases in which an inquiry for purpose of clause (b) of sub-section (1) of section 22 is necessary an inquiry shall be held by the Council in accordance with the procedure prescribed in rules 84 to 90 and for that purpose the Council may appoint an assessor to advise it as provided in sub-section (8) of Section 22 of the Act, :

Provided that, such inquiry shall not be necessary in cases where a regiseered practitioner has been convicted for misconduct within the meaning of clauses (a) and (b) of the Explanation to sub section (1) of section 22. In such cases,the President shall obtain and place before the Council a copy of the judgement of the Court and the Council shall thereupon decide upon the penalty to be imposed under rule 91 read with section 22.

2 An assesor appointed shall be paid remuneration of Rs.100/- per day for attendence at an inquiry.
 
84 Notice of Charges on Regisered Practitioner:-  
 
1

The President shall cause to be served on the registered practitioner a notice in Form 18 subject to such variations as the circumatances of the case may require.
Such notice shall specify the nature and praticulars of the charge and shall inform him of the day on which the Council intend to deal with the case, and shall call upon the practitioner to put in his written statement of his defence within a period of not less than fifteen days or such other period no exceeding sixty daus as may be permitted by tne Council, and to attend before the Council on such day. The notice shall be sent three weeks before the date of inquiry. Such charge shall be drawn cleariy and precisely.

2

The notice shall be accompamied by a statement of allegations on which each charge is based. The relevant allegations as to facts, the infereneces which they lead to, and the circumsuances supporting such inferneces shall be clearly mentioned along with any other circumas-ances proposed to be considered while passing orders on the case.

3

Copies of the relevant document if any (including any document given or sent to the Council by on behalf of the other party which such other party shall be entitled on proper proof to use at the hearing as evidence in support of or in answer to the chalge specified in the notice of inquiry) shall also be supplied to the registered practitioner along with the notice and statement of allegations.

4

Copies of any other documents or statement required by such practitioner to prepare his defence may also be supplied to him on request or he may be allowed to take copies.

 
85 Reply to notice:-  
 

The registered practitioner shall, within the time specifird in the notice or such extended period as is permitted by the President, put in written statement of his defence, and state whether he desires to be heard to be heard in person by the Council.

 
86 Council and complainant,if any, to be supplied with copies of all documents etc.:-  
 
1

Copies of all material documents including the written statement of defence, if any, which is placed before the Council as evidence in regard to the case shall be supplied to all members of the Council before the hearing of the case commences.

2 The complainant may,on application in writing,obtain copies of any explanation,statement, or other documents put forth in his defence by the registered practitioner.
 
87 Legal assistance at inquiry:-  
 

At the hearing of the case by the Council, the Council may be represented by any leagal practitioner and the complainants, if any ,and the registered practitioner may also be represented or assisted by their legal practitioner :

Provided that, where any advice is tendred to the Council by an assessor appointed under section 22 on any question of law, as to evidence, procedure ,or any other matter ,such advice shall be subject to the provisions of section 22 of the Act.

 
88 Procedure of Inquiry:-  
 
1 Where a complainant appears personally or by a legal Practitioner, the following procedure shall be follwed, namely :-
 
a The Registrar shall read to the Council the notice of inquiry addressed to the practitioner.
b

The complainant shall then be invited to state his case by himself or by his legal practitioner and to produce his evidence in support of it. At the conclusion of the evidence of the complainant, his case shall be closed.

c

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

d

At the conclusion of the case of the practitioner, the Council shall, if the practitioner has produced enidence, hear the complainant in reply on the case generally, but will no futher evidence except in any special case in which the hear Council may think it right to receive such futher evidence. If the practitioner produces no evidence, the complainant will not be heard in reply except by spacial leave of the Council.

e

Whether a witness is produced by any praty before the Council, he will be first examined by the party producing him, and be cross examined by the adverse party, and re-examined by the party producing him.The Council reserves to itself the right to decline to admit in evidence any declaration where the declarant is not present or decilines to submit to cross-examination.

f

The president and the assesor, if any, appointed under section 22, may put questions to the complainant and registered practitioner,including any of their witnesses; and members of the Council, through the President, may likewise put questions to them.

2 Where there is no complainant or no complainant appears, the following procedure shall be followed, namely :-
 
a

The Registrar shall read to the Council the notice of inquiry addressed to the practitioner and will state the facts of the case, and produce before the Council the evidence by which it is supported.

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 Council either before or at the conclusion of his evidence, but only once.

c The legal practitioner of the Council, if any, may be heard in reply if the Council so desires.
 
89 Record of proceeding at Inquiries:- The President shall keep a record of proceedings at the inquiry held under rule 88 including the evidence of each witness.  
90

Power of Council to give futher opportunity to practitioner to make statement:- Notwithstanding anything contained in rules 88 after completion of the inquiry the registered practitioner shall be given a further opportunity of marking any oral or written statement. Copies of such evidence as are required by the registered practitioner for making such statement shall be supplied to him.

 
91

Decision of Council and Implementation:- As soon as the hearing of the case is over and the registered practitioner has made his oral or written statement, if any, the Council shall deliberate thereon in private at the conclusion of the deliberation, the President shall pronounce its decision immediately, thereafter or at any time therafter in temrs of clause (a) or (b) of sub-section (1)of section 22 and thereupon the Prasident shal direct the Registrar to implement the decision after the praties concerned are informed of the same by Registarar.

 
92 re-entry of name of practitioner in register under section 22(4):-  
 
1

If a registered practitioner desires to have his name re-entered in the register under sub-section (4) of section 22, he shall make an application in Form 19 and specify the grounds on which the application is made. The application shall be accompained by the applicant`s of degree, diploma or licence, and also by a certificate from any Gazatted Officer of the State Government or from a justice of peace as to his good character since the removal of his name from the register.

2 The Prasident shall cause such inquires to be made as he deems fit in respect of the application and place it before the Council at its next meeting for decision.
3

The decision of the Council shall be communicated to the applicant, and if the Couuncil agrees to re-enter the name in the register, a fee of fifty rupees be paid by the practitioner before his name is re-entered in the register by the Registrar.

 
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