Medical Practitioners Act, 1927

Removal from register of persons guilty of infamous conduct.

29.—(1) Whenever a person registered in the register is judged by the Council, after due inquiry by the Council or due consideration by the Council of a report by the General Council of an inquiry held by them, to have been guilty of infamous conduct in a professional respect, the Council may, if it sees fit, erase the name of such practitioner from the register.

(2) Whenever the Council erases the name of any person from the register under this section, the Council shall forthwith send by post to such person at his address as stated in the register notice in writing of such erasure and of the reason therefor.

(3) Any person whose name is erased from the register under this section may within three months after the receipt by him of the notice mentioned in the foregoing sub-section appeal to the High Court in accordance with rules of court against the judgment of the Council in consequence of which his name was so erased from the register, and on the hearing of any such appeal the High Court may give such directions as it thinks proper including a direction that the name of the appellant be restored to the register as on and from the date on which it was erased therefrom and directions as to how the costs of the appeal are to be borne.

(4) On the hearing of an appeal under this section the High Court may, if it thinks proper so to do, admit and have regard to evidence of persons of standing in the medical profession as to the nature of conduct which is infamous in a professional respect.

(5) Whenever the High Court on an appeal under this section directs the name of a person to be restored to the register the Council shall restore the name of such person to the register in accordance in all respects with such direction.

(6) The decision of the High Court on an appeal under this section shall be final and shall not be subject to appeal to any other Court.

(7) A person whose name has been erased from the register under this section may (without prejudice to the power of directing restoration hereinbefore conferred on the High Court) at any time be restored to the register by special direction of the Council but not otherwise, and when a person is so restored to the register by the Council the Council may attach to such restoration such conditions (including the payment of a fee not exceeding the fee which would be payable by such person for registration if he was then being registered for the first time) as the Council thinks fit.