CUT-PRACTICE- RTI REPLY from MCI contd

REPLY
It is stated that the Office memorandum issued by the Ministry of Personnel, Public Grievances&Pensions, Govt of India, Department of Personnel and Training dated 27th February, 2008 on RTI Act reads as under:-
"Only such information is required to be supplied under the Act which already exists and is held by the public authority or held under the control of the public authority. The CPIO is not supposed to create information; or interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions"

The queries raised by you fall in the nature of seeking the opinion of the CPIO. Hence it does not constitute information as defined u/s 2(f) of the RTI Act, 2005.

Further it is informed that as regard to your query, the Indian Medical Council (Professional Conduct, etiquette and ethics) Regulations, 2002 is silent in this regard.

Yours faithfully
Signed by Dr Davinder Kumar
Joint Secretary and PIO

CUT-PRACTICE-RTI REPLY from MCI

Subject-Your application for seeking information under RTI Act 2005
Sir,
With reference to your application dated 28-11-2011 received in this office on 1-12-2011 on the subject noted above, this is to inform you that the point-wise reply as under:-
QUERY
1. Is it legal for a medical practitioner to pay commission to another medical practitioner in return for referring patients?
2. Is it legal for a doctor to accept commission for the 'service' of referrng patients?
3. (Only if cut-practice is illegal) If a medical practitioner is doing cut-practice, what will be the punishment/ penalty applicable?
4. Is the practice of split-fee by hopsitals/ nursisng homes/ diagnostic centres and such other registered commercial establishments, legal? Please specify separately if accepting or paying commission by such establishments is legal or not
5. Is it within the jurisdiction of the Medical Council of India to designate cut-practice as a form of corruption?