Section 17: Disciplinary measures

17. Disciplinary measures (1) Where the Council decides to institute disciplinary proceedings against a registered person and prefers charges against him, it shall require the Tribunal to inquire into the charges on its behalf into the matter. (2) The Tribunal shall, after conducting the enquiry, forward to the Council its report and a copy of the proceedings including any document or exhibit produced, not later than 14 days after the completion of the proceedings. (3) The Council shall, after considering the contents of the documents referred to in subsection (2), determine whether or not, in its opinion— (a) the charges against the registered person have been proved; and (b) there is any circumstance that aggravates or alleviates the charges. (4) The Council shall, where it determines that the charges against a registered person have been proved— (a) in the case of a public officer in respect of whom it holds a delegated power, forward its report on the matter to the Public Service Commission; and (b) in every other case, impose on the registered person such disciplinary measures as it thinks fit, namely— (i) a warning or a severe warning; (ii) a reprimand or a severe reprimand; (iii) a suspension from medical practice for a period not exceeding 12 months; or (iv) the removal of the registered person’s name from the register. (5) Where the punishment inflicted by the Public Service Commission on a public officer is dismissal or retirement from the public service, the Council shall determine whether or not the person’s name should be removed from the register. [Issue 2] M60 – 10 Revised Laws of Mauritius (6) A decision of the Council under subsection (4) or (5) shall be communicated to the registered person not later than 14 days from the date of the decision. [S. 17 repealed and replaced by s. 10 of Act 28 of 2007 w.e.f. 27 December 2007.]