40Removal from register of names of valuers and restoration.
34AD. (1) The 41[Chief Commissioner or Director General] may remove the name of any
person from the register of valuers where 42[he] is satisfied, after giving that person a reasonable opportunity of
being heard and after such further inquiry, if any, as 42[he] thinks fit to make,—
(i) that
his name has been entered in the register by error or on account of
misrepresentation or suppression of a material fact;
(ii) that
he has been convicted of any offence and sentenced to a term of imprisonment or
has been guilty of misconduct in his professional capacity which, in the
opinion of the 41[Chief
Commissioner or Director General], renders him unfit to be kept in the register.
(2) The 41[Chief Commissioner or Director General] may, on application and on
sufficient cause being shown, restore to the register the name of any person
removed therefrom.]
43[(3) Without prejudice to the provisions of sub-sections (1) and (2),
the Chief Commissioner or Director General shall, once in three years review
the performance of all the registered valuers and may remove the name of any
person from the Register of Valuers where he is satisfied, after giving that
person a reasonable opportunity of being heard and after such further inquiry,
if any, as he thinks fit to make, that his performance is such that his name
should not remain on the Register of Valuers.
(4) The Chief Commissioner or Director General may himself conduct the
inquiry referred to in sub-section (1) or sub-section (3) or appoint an Inquiry
Officer not below the rank of a Commissioner to conduct such inquiry, and for
the purposes of such inquiry, the Chief Commissioner or Director General and
the Inquiry Officer so appointed shall have the same powers as are vested in a
court under the Code of Civil Procedure, 1908 (5 of 1908 ), when trying a suit
in respect of the following matters, namely:—
(a) discovery
and inspection;
(b) enforcing
the attendance of any person including any officer of a banking company and
examining him on oath;
(c) compelling
the production of books of account and other documents;
(d) issuing
commission.]