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Full text of "Medical Jurisprudence And Toxicology"

406                                             MEDICAL JURISPRUDENCE

disgraceful or dishonourable by his professional brethren of good repute
and competency, then it is open to the Council to say that he has been guilty
of infamous conduct in a professional respect."

The Indian Medical Council is almost analogous to the General Medical
Council, but it does not maintain a register of medical practitioners and
does not exercise any disciplinary jurisdiction over them. These functions
are carried out by the Provincial Medical Councils, which have the power
to remove the names of medical practitioners permanently or for a specified
period from their registers, when they are judged after due inquiry to have
been guilty of infamous conduct in any professional respect. They have also
the power to direct the restoration of any name so removed.5 It must be
borne in mind that the Provincial Medical Councils do not take cognizance
of any offence of misconduct committed by a registered medical practitioner
unless someone lodges a complaint in writing accompanied by one or more
statutory declarations as to the facts alleged, when they assume the functions
of professional Courts of Justice.

Some of the Provincial Medical Councils have published codes contain-
ing some of the main principles of medical ethics for the information and
guidance of registered medical practitioners, and have issued warning notices
comprising certain unethical practices which are regarded as falling within
the meaning of the term, infamous conduct in a professional respect. The
Bombay Medical Council have issued a similar warning notice which has
come in force from the first of July 1948, and have suggested that they are
in no way precluded from considering and dealing with any form of
unethical practice which may be brought before them although it may not
appear to come within the scope of precise wording of any of the categories
mentioned below: —

PART I

Note.—Anyone found guilty of offences mentioned in this Part will be
liable to have his name erased from the Register without any further
warning.

1.   Immorality involving abuse of professional relationship.

' 2. Conviction by a court of law for an offence involving moral
turpitude.

i 3. Issuing in connection with various Government and Municipal Acts,
sick benefit, insurance and kindred societies, passports, matters relating to
armed forces, attendance in Courts of Justice, in the public services; or in
ordinary employment, a certificate, notification or report which is untrue,
misleading or improper.

5. Section 9 of the Bombay Medical Act, 1912, as amended by the Bombay Medical
Act, 1950, provides that " (1) If a medical practitioner has been after due inquiry by the
Medical Council found guilty of any misconduct, the Medical Council may (a) direct*
the name of such medical practitioner to be removed at once from the register, or (b)
postpone ihe' making of such direction for such period and under such conditions as it
thinks fit: Provided that if after or at any time before the expiry of the period so
specified, the Medical Council is satisfied that the medical practitioner has not contra-
vened any of Ihe conditions so prescribed and his conduct is otherwise satisfactory, the
Medical Council may direct that his name shall not be removed from the register in
consequence of the misconduct of which he was found guilty.

Explanation.—-For the purpose of this section misconduct shall mean (a) the convic-
tion of the medical practitioner by a criminal court for an offence which is cognizable
within 1he meaning of the Code of Criminal Procedure, 1898; (b) the conviction under
the Army Act, 1950, of the medical practitioner subject to military law for an offence
which is cognizable within the meaning of the Code of Criminal Procedure, 1898; or (c)
any conduct which, in the opinion of the Council, is infamous in relation to the medical
profession,

(2) The Medical Council may, at any subsequent date, if they think fit, direct that
any name so" removed shall be re-enter ed.n