Medical Practitioners Act, 1978
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Application by registered medical practitioner to have his name removed from register. |
33.—(1) Any registered medical practitioner may apply to the Council to have his name removed from any register maintained by the Council in which his name is registered and, on receipt of such application and on payment of the appropriate fee, the Council may remove the name of the registered medical practitioner from any such register. | |
(2) Any person, whose name has been removed pursuant to subsection (1) of this section from any register maintained by the Council, may, at any time, apply to the Council to have his name restored to such register, and, subject to the provisions of this Act and on payment of the appropriate fee, the Council may restore the name of that person to any register from which it has been so removed. | ||
(3) In any case where a registered medical practitioner applies to the Council pursuant to this section to have his name removed from any register maintained by the Council and— | ||
(a) an application has been made pursuant to section 45 of this Act for an inquiry into the conduct of that registered medical practitioner, or | ||
(b) that registered medical practitioner has been convicted in the State of an offence triable on indictment or has been convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State, | ||
the Council shall not consider the application by that registered medical practitioner to have his name so removed until such time as the Council has decided whether or not the name of such registered medical practitioner should be erased from any such register pursuant to the provisions of this Act. | ||
(4) Nothing in this section shall operate to prevent the Council from refusing to restore the name of any person, who is otherwise entitled to be registered, on the grounds of the unfitness of that person to engage in the practice of medicine. | ||
(5) On making a decision under subsection (4) of this section, the Council shall forthwith send by pre-paid post to the person to whom the decision relates a notice in writing stating the decision, the date thereof and the reasons therefor. | ||
(6) A person to whom a decision under subsection (4) of this section relates may, within the period of two months, beginning on the date of the decision, apply to the High Court for cancellation of the decision and if he so applies, the High Court, on the hearing of the application may either— | ||
(a) declare that it was proper for the Council to make the decision, or | ||
(b) cancel the decision and direct the Council to restore the name of the person making the application. |