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9. Medical Board may be constituted

9. Medical Board may be constituted:

(1) Where it is alleged that an official of constitutional body is unable to discharge the duties of his/her office because of incompetence and in the course of inquiry if the allegation is denied by him/her in his/her clarification, the inquiry committee may, on the consultation of Speaker, constitute a medical board which consists of Three concerned specialist to carry out medical examination of his/her physical or mental condition.
(2) The Medical Board pursuant to Sub-section (1) shall undertake medical examination of the physical or mental condition of the concerned official of constitutional body and submit a report about the physical or mental condition of such person to the inquiry committee along with the reasons and grounds thereof within such time as may be specified by the inquiry committee.
(3) If the concerned official of constitutional body refuses to undergo medical examination of his/her physical or mental condition before the Board constituted pursuant to Sub-section (1) or fails to attend before such Board within the time frame prescribed by it for medical examination, such Board shall submit a report thereof to the inquiry committee.
(4) After receiving the report pursuant to Sub section (3), except otherwise proved it shall be presumed that an official of constitutional body, who refused to undergo medical examination of his/her physical or mental condition, is unable to discharge the duties of his/her office because of physical or mental reason and the inquiry committee shall take a ground to that matter in its report.


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