Sri Lanka Consolidated Acts

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Homoeopathy Act (No. 7 of 1970) - Sect 28

Grounds on which registration may be refused, cancelled or suspended

28.
(1) The Council may, by order, refuse the application of any person for registration as a homoeopathic practitioner or cancel, or suspend for a specified period, the registration of any person as such practitioner on any of the following grounds: -
(a) that he has been convicted by a competent court of any offence which, in the opinion of the Council, renders him unfit to be such practitioner;
(b) that he has been guilty of any misconduct in his capacity as such practitioner; or
(c) that he has been engaged in activities detrimental to the interests of homoeopathy.
(2) The Council may, by order, cancel or suspend for a specified period, the registration of any person as a homoeopathic practitioner on the ground that such person has not paid his annual fee for the continuance of such registration.
(3) Where any proceedings have been instituted before a court against a person who is a registered homoeopathic practitioner in respect of any offence referred to in paragraph (a) of sub-section (1), the Council may, by order, suspend the registration of that person as such practitioner until a final judgment, order or other determination is made or entered in respect of those proceedings.
(4) No order of refusal, cancellation or suspension shall be made by the Council under sub-section (1) or sub-section (2), in respect of any person until such person has been given an opportunity of being heard against the making of such order. At any such hearing
(a) the Council may employ the services of a lawyer to lead evidence and present the case against such person and of another lawyer to advise the Council and to act as judicial assessor; and
(b) such person may employ the services of a lawyer to lead evidence on his behalf and present his case.
(5) No order of refusal, cancellation or suspension made by the Council under this section in respect of any person shall take effect
(a) where no appeal is preferred under section 33, until the expiry of the period within which an appeal may be preferred; and
(b) where an appeal is preferred under that section, unless and until the order is confirmed in appeal.
(6) The Council shall have power to frame rules for the professional conduct of all homoeopathic practitioners. In the event of any violation of such rules being proved to the satisfaction of the Council, the Council shall have power to act under this section,


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