Report No. 75
Appendix 2
Certain Statutory Precedents as to Disciplinary Jurisdiction over Members of the Learned Professions
Name of Act |
Section |
Disciplinary body |
Power to impose punishment |
Appeal |
| The Dentists Act, 1948. | 41 |
The State Coucil. | By the State Council. | Appeal to the State Government. |
| The Pharamacy Act, 1948. | 36 |
Executive Committee. | Order made by Executive Council is subject o confirmation by the State Council. | Appeal from order of State Council to State Government which shall be final. |
| The Chartered Accountants Act, 1949. | 21(4)(a) and 22A. |
Council of the Institute of Charatered Accountants | (1) Reprimand of the member. | Appeal to the High Court. |
21(4)(b) and 22A. |
-Do- |
(2) Removal of name from Register fro a aperiod not exceeding five years. | Appeal to the High Court. | |
21(4), Proviso, and 21(6). |
-Do- |
If removal is to be for 5 years of permanent, the case to be forwarded to the High Court. | Appeal to the High Court. | |
| Indian Medical Council Act, 1956. | 24(1) |
Medical Council of India. | Removal of a person's name from the Indian Medical Register can be Council of India, if his name has been removed from a State Medial Register under the State law for registration of medial practitioners. | Appeal lies to Central Government from removal from the State Medical Register on ground of professional misconduct-section 24(2). |
| Notaries Act, 1952 | 10(d) |
The Government. | Removal for professional or other misconduct after prescribed inquiry. | No appeal. |
| Cost and Works Accountants Act, 1959. | 20,21. |
Council of the Institute. | Substantially the Same as in the case of Chartered Accountants. | Substantially the same as in the the case of f Chartered Accountants. |
| Indian Medicine Central Council Act, 1970. | 26,27 |
Central Council of Indian Medicine. | To remove name from register by the Central Council. | Appeal lies to the Central Government [section 27(2)] where any person's name has been removed has been removed from a State Register on any ground other than that he is not possessed of the requisite medical qualifications. |
The Architects Act, 1972. |
29 |
Council. |
By the Council. |
No provisions as to appeal. |
