s 41 Limitation period for complaints, etc.
41.—(1) The Medical Council must not refer a complaint or information to the chairman of the Complaints Panel under section 40(5) if the complaint is first made or the information is first provided to the Medical Council after the expiration of the period of —(a) 6 years after the date of the act, conduct or occurrence that is the subject matter of the complaint or information; or (b) 6 years after the earliest date on which the complainant had knowledge of the act, conduct or occurrence, or could with reasonable diligence have discovered it, if that period expires later than the period mentioned in paragraph (a). (2) The Medical Council must not make a complaint or refer any information to the chairman of the Complaints Panel under section 40(6)(a) after the expiration of the period of —(a) 6 years after the date of the act, conduct or occurrence that is the subject matter of the complaint or information; or (b) 6 years after the earliest date on which the Medical Council had knowledge of the act, conduct or occurrence, or could with reasonable diligence have discovered it, if that period expires later than the period mentioned in paragraph (a). (3) Where the Medical Council refers any complaint or any information to the President of the Disciplinary Commission under section 40(7) for the appointment of a Disciplinary Tribunal after the expiration of the period of —(a) 6 years after the date of the act, conduct or occurrence that is the subject matter of the complaint or information; or (b) 6 years after the earliest date on which the Council had knowledge of the act, conduct or occurrence, or could with reasonable diligence have discovered it, if that period expires later than the period mentioned in paragraph (a), the President of the Disciplinary Commission must not appoint a Disciplinary Tribunal for the matter unless he is of the opinion that it is in the public interest to do so. (4) In this section, “knowledge” includes the knowledge that a person may reasonably have been expected to acquire —(a) from facts observable or ascertainable by the person; or (b) from facts ascertainable by the person with the help of appropriate expert advice which it is reasonable for the person to seek.[Act 34 of 2020 wef 01/07/2022]