Amendment status not verified — confirm the current text below against the official source.
(1) The Council shall prescribe by regulations to be made in this behalf by the Council, the standards of professional conduct and etiquette as well as a code of ethics for the practitioners under this Act. (2) The regulations made by the Council under sub-section (1) may also specify as to— (i) which violations thereof shall be constituted as a professional misconduct; (ii) what shall be the modalities and manner of inquiry, investigation, hearing; and Issue of duplicate certificates of registration. Printing of register and evidentiary value of entries therein. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 29 The West Bengal Allied-Medical and Para-Medical Council Act, 2015. (Chapter V.—The Registration and Conduct of Allied-Medical and Para-Medical Professionals.—Section 61.) (iii) which disciplinary action including corrective or punitive measures against such misconducts may be taken; and such provisions shall have effect notwithstanding anything contained in any other law for the time being in force. (3) Where on receipt of a complaint made to it by any complainant, the Council is prima facie of opinion that any Allied or Para-Medical Practitioner has been guilty of any professional or other misconduct, the said Council shall refer the case to the Registration and Disciplinary sub-Committee and the Disciplinary sub-Committee shall thereupon hold such inquiry, investigation, or hearing in such manner as may be prescribed by regulations mentioned in sub-section(2) and shall report the result of its inquiry to the Council: Provided that no inquiry shall be conducted or no recommendation shall be made without giving the defendant an opportunity of being heard. Explanation I.— For the purpose of this section, defendant means the party or the Allied or Para-Medical Practitioner against whom the complaint has been initiated. Explanation II.— For the purpose of this section, complainant means the party who has initiated the complain and shall include any official body corporate or association; or the Registrar; or any other person. (4) The sub-Committee may recommend to the Council to— (a) counsel the practitioner; (b) caution the practitioner; (c) temporary suspension of the Registration given by the Council; (d) permanent suspension of the Registration given by the Council. (5) On receipt of such report with or without causing any further inquiry, investigation, or hearing as it thinks fit,— (i) if the Council finds that the defendant is not guilty of any professional or other misconduct, it shall record its finding accordingly and direct that the proceedings shall be filed, or the complaint shall be dismissed, as the case may be; or (ii) if the Council finds that defendant is guilty of any misconduct in any professional respect or has violated the standards of professional conduct and etiquette or the Code of ethics prescribed under this Act, it shall proceed to take action against such defendant in accordance with the provisions of this Act, rules and regulations made thereunder and in particular the regulation mentioned in sub-section (2): Provided that no such action shall be taken against any defendant without giving him an opportunity of being heard: Provided further that such action shall not include any attempt to resolve the matter informally with or without the consent of any party. Explanation.— For the purposes of this section, "Allied or Para-Medical Practitioner" includes the person, who was an Allied or Para-Medical Practitioner on the date of the alleged misconduct, although he has ceased to be so at the time of inquiry. 30 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 [PART III The West Bengal Allied-Medical and Para-Medical Council Act, 2015. (Chapter V.—The Registration and Conduct of Allied-Medical and Para-Medical Professionals.—Sections 62, 63.) Appeal against the decision regarding registration or misconduct. Rights and privileges of the registered practitioner. (6) Notwithstanding anything contained in section 86, only the Council and its `Registration and Disciplinary' sub-Committee appointed by it shall have the power to take cognizance of and inquire into any professional misconduct and take such appropriate disciplinary action against such misconducts as mentioned in this section.