Vimala Mahmood Foundation
DENTISTS ACT, 1948
16 of 1948
29th March 1948
STATEMENTS OF OBJECTS AND REASONS 1. "Excepts in Bengal, where there is a
Provincial Dental Council established under a Provincial Act, there is no legal provision
for the regulation of the education and training of dental practitioners or for the
registration of qualified persons. There is also no restriction on the practice of dentistry
by person without scientific training. It is well known that the practice of dentistry by
untrained or inadequately trained persons may constitute a danger to the patient. It is
accordingly proposed to constitute an Indian Dental Council, which will be empowered
to lay down minimum standards of training, and Provincial Councils, which will
maintain registers of persons entitled to practice dentistry. The Indian Dental Council
will also be authorised to enter into agreements with corresponding authorities in other
countries for the reciprocal recognition of qualifications. For the purposes of the
preparation of the first register persons holding certain specified qualifications and
persons who do not hold such qualifications but have practised dentistry for a minimum
period of two years will be entitled to registration. Thereafter entry to the profession will
be restricted to persons who have undergone a minimum standard of training. As the
Indian Dental Council will have the responsibility of laying down standards of education
and training, only dentists who have undergone such training and possess recognised
qualifications will be entitled to be elected to the Council. In order that simple dental aid
may be made available to the people on as wide a basis as possible, provision is made for
the registration of dental hygienists who will be entitled to carry out simple extractions
and perform minor dental work. Registered medical practitioners will be entitled to
practice dentistry. The existing Bengal Denial Council will perform the functions of a
Provincial Denial Council under this Act and persons registered under the Bengal Dental
Act will be entitled to registration without payment of registration fee. In view of the
provisions of
section 119 of the Government of India Act, 1935, persons who are not British subjects
of Indian domicile and who are residents in British India and hold specified dental
qualifications, will be admitted to the first register hut thereafter such persons will be
entitled to registration only if their qualifications have been recognised by the Indian
Dental Council in pursuance of a reciprocity agreement. The Indian Dental Council will
be debarred from entering into a reciprocity agreement unless by the law and practice of
the foreign country Indians are permitted to enter and practice dentistry in that country Gazette of India, 1947. Pt. 5. p. 425. Act 12 of 1955:- The reasons given for the passing
of the Dentists (Amendment) Act. 1955, (12 of 1955). are as follows : - "The Dentists
Act, 1948 (16 of 1948), came into force with effect from the 29th March. 1948, in all the
then Provinces of India. It has also been extended to the newly created Part C States, e.g.
Himachal Pradesh, Vindhya Pradesh. and Bhopal. In consultation with the Government
of Part B States, it is now proposed to extend it to all Part B States except Jammu and
Kashmir. 2. Under the existing Act Indian citizens who did not possess any recognised
dental qualifications, but had been engaged in practice as dentists as their principal
means of livelihood for a period of not less than 5 years prior to the commencement of
the Act. had been allowed registration under The Act at the time of first preparation of
registers in States. Certain displaced persons who had migrated to India from Pakistan
after the first preparation of the Registers and who did not possess any recognised dental
qualifications but who had been engaged in The profession of dentistry for their
livelihood in Pakistan claimed similar facilities for registration as were given to Indian
citizens. Since it is not possible to accede to their request without amending the Act, it is
proposed lo amend The Act for the purpose. 3. Under section 33 (2). temporary
registration was allowed for a period of 5 years if one had been engaged in practice as a
dentist as his principal means of livelihood for a period of not less than 2 years during
five years prior to the commencement of the Act, but permanent registration to such
persons is admissible only if they could pass within a period of 5 years after the
commencement of the Act an examination which satisfies the requirements of the
Council. Since enough training facilities for the dentists do not exist in the country many
dentists who were temporarily registered under the Act could not qualify for permanent
registration. In order to enable them to pass an examination, it is proposed to give them
more time to pass the examination. For this purpose the five-years period is intended to
be extended to 10 years. 4. Under section 3 (c) of the existing Act, 4 seats are available
on the Dental Council of India to be filled by election from among themselves by the
heads of dental colleges in States which grant recognised dental qualification. Since
there is only one dental college in India which grants denial qualifications, the other 3
seats meant for the heads of Dental Colleges on the Dental Council of India have
remained vacant . It is now proposed to fill the vacancies by throwing open the election
to heads of dental colleges which train students for recognised dental qualifications. 5.
Under the existing Act a foreign national is not entitled to registration even if he
possesses a recognised dental qualification unless the law and practice of the State or
country to which such person belongs, persons of Indian origin holding dental
qualifications registrable in that State or country are permitted to enter and practice the
profession of dentistry in such a State or country. It is, therefore, proposed on grounds of
expediency and propriety to permit. irrespective of considerations of reciprocity,
foreigners holding reputable dental qualifications who are employed for teaching or
research in dental institutions in the country, to have temporary registration for the
period of their employment or for a period of five years whichever is shorter, provided
that such foreigners do not practice dentistry for personal gain. This opportunity is also
being taken to make some other minor and consequential amendments in the Act which
have been found necessary during the past 6 years since its enactment. - S. O. R., Gaz.,
of Ind., l954, Extra., Pt. II., S.2. page 206. ACT 42 OF 1972:- The Dentists Act, 1948,
extends to the whole of India except the State of Jammu and Kashmir. It has been
decided with the concurrence of the Government of Jammu and Kashmir to extend the
Act to the State of Jammu and Kashmir also. Under the existing provisions of the Act,
the power to recognise dental qualificalions vests in the Dental Council of India. It is
now proposed to vest this power in the Central Government. There is no provision in the
Act for the appointment of Visitors by the Dental Council of India for the inspection of
dental institutions. Since such inspection is considered desirable in the interest of dental
education, it is proposed to make a provision for the appointment of Visitors. The rules
of professional ethics adopted by the State Dental Councils vary from State to State. It is
proposed to empower the Denial Council of India to prescribe standards of professional
conduct, etiquette and a code of ethics for dentists in order to bring about uniformity in
these rules, Certain displaced persons who had migrated to India from an area which is
now known as Bangla Desh or have been repat riated from Burma or Ceylon and who
did not possess any recognised dental qualifications but who had been engaged in the
profession of dentistry for their livelihood in an area which is not known as Bangla Desh.
Burma or Ceylon, are being provided facility for registration to enable them to practise
dentistry. It is proposed to give effect to this proposal with effect from the date of
commencement of the Dentists (Amendment) Act, 1972. Opportunity has also been
taken to curry out certain amendments in the Act to enable the Dental Council of India to
discharge its functions effectively. The Bill seeks to achieve the above objects S.O.R.
Gaz., of India. 1-6-72. Pt. II.S.2. Ext. P. 598. ACT 30 of 1993 : - The Dentists Act, 1948
was enacted with the object of regulating the profession of dentistry and for that purpose
to constitute Dental Councils. 2. The experience of the working of the Act has brought to
light certain inadequacies. One of the most noticeable inadequacies has been the
mushrooming of the dental colleges without adequate academic and training facilities as
laid down in the regulations of the Dental Council of India. At present, the law does not
require any one to seek the prior permission of Dental Council of India before
establishing a new dental college or for adding a new course of study or post- graduate
course or for increasing the capacity of 'students in any existing college, taking
advantage of these legal lacumae dental colleges were being established after obtaining
the permission of the State Government and affiliation from the University concerned.
After the students had put in two or three years of study, such colleges were approaching
the Dental Council of India for recognition. The Dental Council of India is not in a
position to stop the functioning of such colleges at that stage as such a step would
invariably harm the future prospects of the students and result in allegations of
victimisation. 3. The Dental Council of India has been examining modifications in the
Act, to enable the Council to discharge its duties more effectively and exercise better
control on maintenance of standards at the instance of the Central Government. In the
meantime, instances of private colleges being permitted to start dental courses by State
Govern- ments without making provision for the requisite infrastructural facilities,
necessitated, urgent action to be taken to check further proliferation. The President ,
therefore promulgated the Dentists (Amendment) Ordinance, 1992 (Ordinance 14 of
1992) on the 27th August, 1992 to amend the Dentists Act by incorporating therein
provisions for prior permission of the Central Government for establishing any new
dental college and for starting any new or higher course of study or training or increase
in the admission capacity in any existing college. Any person desirous of starting a new
dental college, etc, will be required to apply to the Central Government in the form
prescribed by the Dental Council of India. 4. The Bill seeks to replace the aforesaid
ordinance. - See Gaz. of India . 26-11-1992. Pt. II S. 2, Ext., P,13 (No. 58)
An Act to regulate the profession of dentistry. Whereas it is expedient to make provision
for the regulation of the profession of dentistry and for that purpose to constitute Dental
Councils : It is hereby enacted as follows :-The Act is extended to the merged States in
Bombay: see Bom. Act 4 of 1950. Section 3 ( 1 ). The Act has now been extended to the
Union Territories of - (i) Dadra and Nagar Haveli by Reg. 6 of 1963 (1-7-1965): (ii)
Pondicherry
2by Reg. 7 of 1963 ( 1-10-1963) (iii) Goa, Daman and Diu by Regn. 11 of 1963 (15-
4.1963). The Act was applied to the Union Territory of Himachal Pradesh by Himachal
Pradesh (Application of Laws) Order. 1948. with effect from 25-12-1948. II.P. is a State
now - See Act 53 of 1970.
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called the Dentists Act, 1948.
(2) It extends to the whole of India3[******].
SECTION 02: INTERPRETATION
- In this Act, unless there is anything repugnant in the subject or contest, (a) "the Council" means the Dental Council of India constituted under section 3;
(b) "dental hygienist" means a person not being a dentist or a medical practitioner, who
scales, cleans or polishes teeth, or gives instructions in dental hygiene;
OBJECTS AND REASONS Section 2 (b)- "The expression "simple extraction" is rather
vague. Therefore, carrying out of simple extraction has been excluded from the functions
of the dental hygienist."-S.C.R.
(c) "dental mechanic" means a person who makes or repairs denture and dental
appliances;
(d) "dentistry" includes (i) the performance of any operation on, and the treatment on any discase, deficiency or
lesion of, human teeth or jaws, and the performance of radiographic work in connection
with human teeth or jaws or the oral cavity.
(ii) the giving of any anaethetic in connection with any such operation or treatment;
(iii) the mechanical construction or the renewal of artificial dentures or restorative dental
appliances;
(iv) the performance of any operation on, or the giving of any treatment, advice or
attendance to, any person preparatory to, or for the purpose of, or in connection with, the
filling, inserting, fixing, constructing, repairing or renewing of artificial dentures or
restorative dental appliances, and the performance of any such opera- tion and the giving
of any such treatment, advice or attendance, as is usually performed or given by dentists;
(e) "dentist" means a person who practises dentistry:
(f) "medical practitioner" means a person who holds a qualification granted by an
authority specified or notified undersection 3 of the Indian Medical Degrees Act, 1916-,
or specified in the Schedules to the5[Indian Medical Council Act, 1956],4[or specified in
any other law for the time being in force in any State,] or who practises any system of
medicine and is registered or is entitled to be registered in any6[State] Medical Register
by whatever name called;
OBJECTS AND REASONS Section 2 (f) - "The definition of the words "medical
practitioner" has been amplified to cover all medical practitioners registered or entitled to
be registered."- S.C.R.
(g) "prescribed" means prescribed by rules or regulations made under this Act;
(h) "State Council" means a State Dental Council constituted undersection 21, and
includes a joint State Council constituted in accordance with an agreement undersection
22;
(i) "register" means a register maintained under this Act;
7(j) "recognised dental qualification" means any of the qualifications included in the
Schedule;]
(k) "recognised dental hygiene qualification" means a qualification recognised by the
Council undersection 11-:
(l) "registered dentist", "registered dental hygienist" and "registered dental mechanic"
shall mean, respectively, a person whose name is for the time being registered in a
register of dentists, a register of dental hygienists and a register of dental mechanics.
8[(m) * * *]
SECTION 2A: CONSTRUCTION OF REFERENCES TO LAWS NOT IN
FORCE IN JAMMU AND KASHMIR
- Any reference in this Act to a law which is not in force in the State of Jammu and
Kashmir shall, in relation to that State, be construed as a reference to the corresponding
law, if any, in force in that State.]
SECTION 03: CONSTITUTION AND COMPOSITION OF COUNCIL
- The Central Government shall, as soon as may be, constitute a Council consisting of
the following members, namely: (a) one registered dentist possessing a recognised denial qualification elected by the
dentists - registered in Part A of each10[State] register;
(b) one member elected from amongst themselves by the members of the Medical
Council of India;
11[(c) not more than four members elected from among themselves, by (a) Principals, Deans, Directors and Vice-Principals of dental colleges in the States
training students for recognised dental qualifications : Provided that not more than one
member shall be elected from the same dental college;
(b) Heads of dental wings of medical colleges in the States training students for
recognised dental qualifications:]
(d) one member from each University established by law in the States which grants a
recognized dental qualification, to be elected by the members of the Senate of the
University, or in case the University has no Senate, by the members of the Court, from
amongst the members of the Dental Faculty of the University or in case the University
has no Dental Faculty, from amongst the members of the Medical Faculty thereof;
(e) one member to represent12[each State13[ * * * * * * * * * * * * * *] nominated by
the Government of each such State from among persons registered either in a medical
register or a dental register of the State;]14[Explanation: - In this clause, "State" does not
include a Union territory;]
(f) six members nominated by the Central Government, of whom at least one shall be a
registered dentist possessing a recognised dental qualification and practising or holding
an appointment in an institution for the training of dentists in a15[Union territory] and at
least two shall be dentists registered in Part B of a10[State] Register;
16[(g) the Director General of Health Services, ex officio :] Provided that pending the
preparation of registers the10[State] Governments may nominate to the First Council
members referred to in parts (a) and (e) and the Central Government members referred to
in part (f) out of persons who are eligible for registration in the respective registers and
such persons shall hold office for such period as the10[State] or Central Government
may, by notification in the Official Gazette, specify.
SECTION 04: INCORPORATION OF COUNCIL
- The Council shall be a body corporate by the name of the Dental Council of India;
having perpetual succession and a common seal, with power to acquire and hold
property, both movable and immovable, and shall by the said name sue and be sued.
SECTION 05: MODE OF ELECTIONS
- Elections under this Chapter shall be conducted in the prescribed manner, and where
any dispute arises regarding any such election, it shall be referred to the Central
Government whose decision shall be final.
SECTION 06: TERM OF OFFICE AND CASUAL VACANCIES
(1) Subject to the provisions of this section an elected or nominated member shall hold
office for a term of five years from the date of his election or nomination or until his
successor has been duly elected or nominated, whichever is longer.17[Provided that a
member nominated under clause (e) or clause (f) ofsection 3-, shall hold office during
the pleasure of the authority nominating him.]
(2) An elected or nominated member may at any time resign his membership by writing
under his hand addressed to the President, and the seat of such member shall thereupon
become vacant.
(3) An elected or nominated member shall be deemed to have vacated his seat if he is
absent without excuse, sufficient in the opinion of the Council, from three consecutive
ordinary meetings of the Council or in the case of a member whose name is required to
be included in18[State] register, if his name is removed from such register, or if he has
been elected under cl. (c) ofsection 3-20[if he ceases to hold his appointment as
the19[Principal, Dean, Director or Vice-Prin- cipal] of a dental college, or as18[the Head
of the dental Wing] of a medical college], or if he has been elected under clause (b) or(d)
ofsection 3-, if he ceases to be a member of the Medical Council of India or21[the Dental
or Medical Faculty] of the University, as the case may be.
(4) A casual vacancy in the Council shall be filled by fresh election or nominalion, as the
case may be, and the person elected or nominated to fill the vacancy shall hold office
only for the remainder of the term for which the member whose place he takes was
elected or nominated.
(5) Members of the Council shall be eligible for re-election or re-nomination.
(6) No act done by the Council shall be called in question on the ground merely of the
existence of any vacancy in, or defect in the constitution of, the Council.
SECTION 07: PRESIDENT AND VICE VICE--PRESIDENT OF
COUNCIL
(1) The President and Vice-President of the Council shall be elected by the members
thereof from among themselves: Provided that on the first constitution of the Council
and until the President is elected, a member of the Council nominated by the Central
Government in this behalf shall discharge the functions of the President: Provided further
that for five years from the first constitution of the Council, the President shall, if the
Central Government so decides, be a person nominated by the Central Government who
shall hold office during the pleasure of the Central Government, and where he is not
already a member, shall be a member of the Council in addition to the members referred
to insection 3-.
(2) An elected President or Vice-President shall hold office as such for a term not
exceeding five years and not extending beyond the expiry of his term as member of the
Council, but subject to his being a member of the Council, he shall be eligible for reelection.
SECTION 08: STAFF, REMUNERATION AND ALLOWANCES
(1) The Council shall(a) appoint a Secretary who may also, if so decided by the Council act as Treasurer;
(b) appoint such other officers and servants as the Council deems necessary lo enable it
to carry out its functions under this Act:
(c) require and take from the Secretary or from any other officer or servant such security
for the due performance of his duties as the Council considers necessary: and
(d) with the previous sanction of the Central Government, fix the fees and allowances of
the President, Vice- President and other members of the Council, and the pay and
allowances and other conditions of service of officers and servants of the Council.
(2) Notwithstanding anything contained in clause (a) of sub- section (1), for the first four
years from the first constitution of the Council, the Secretary of the Council shall be a
person appointed by the Central Government, who shall hold office during the pleasure
of the Central Government.
SECTION 09: THE EXECUTIVE COMMITTEE
(1) The Council shall constitute from among its members an Executive Committee, and
may so constitute other Committees for such general or special purposes as the Council
considers necessary for carrying out its functions under this Act.
(2) The Executive Committee shall consist of the President and Vice-President ex
officio22[and the Director-General of Health Services ex officio,] and five other
members selected by the Council.
(3) The President and Vice-President of the Council shall be Chairman and ViceChairman respectively, of the Executive Committee.
(4) A member of the Executive Committee shall hold office as such until the expiry of
his term of office as member of the Council but, subject to his being a member of the
Council, he shall be eligible for re-election.
(5) In addition to the powers and duties conferred and imposed on it by this Act, the
Executive Committee shall exercise and discharge such powers and duties as may be
prescribed.
SECTION 10: RECOGNITION OF DENTAL QUALIFICATIONS
(1) The dental qualifications, granted by any authority or institution in India, which are
included in Part I of the Schedule shall be recognised dental qualifications for the
purposes of this Act.
(2) Any authority or institution in India which grants a dental qualification not included
in Part I of the Schedule may apply to the Central Government to have such qualification
recognised and included in that Part, and the Central Government, after consulting the
Council, and after such inquiry, if any, as it may think fit for the purpose, may, by
notification in the Official Gazette, amend Part I of the Schedule so as to include such
qualification therein, and any such notification may also direct that an entry shall be
made in Part I of the Schedule against such dental qualification declaring that it shall be
a recognised dental qualification only when granted after a specified date.
(3) (a) The dental qualifications, granted by any authority or institution outside India,
which are included in Part II of the Schedule shall be recognised dental qualifications
only for the purposes of the registration of citizens of India when the register is first
prepared under this Act.
(b) Where any dental qualification granted by any authority or institution outside India,
and held by a citizen of India, is recognised for the purposes of the register when it is
first prepared, after the commencement of the Dentists (Amendment) Act, 1972, the
Central Government may, after consultation with the Council, by notification in the
Official Gazette, amend Part II of the Schedule so as to include therein the dental
qualification so recognised.
(4) (a) The dental qualifications granted by any authority or institution outside India,
which are included in Part III of the Schedule, shall be recognised dental qualifications
for the purposes of this Act, but no person possessing any such qualification, shall be
entitled for registration unless he is a citizen of India.
(b) Where any dental qualification granted by any authority or institution outside India,
and held by a citizen of India, is recognised, except on reciprocal basis, after the
commencement of the Dentists (Amendment) Act, 1972, the Central Government may,
after consultation with the Council, by notification in the Official Gazette, amend Part III
of lhe Schedule so as to include therein the dental qualification so recognised.
(5) The Council may enter into negotiations with any authority or inslilulion in any State
or country outside India which, by law of any such State or country, is entrusted with the
maintenance of a register of dentists, for the setting of a scheme of reciprocity for
the recognition of dental qualifications and in pursuance of any such scheme, the
Central Government may, by notification in the Official Gazette declare that any such
qualification granted by any authority or institution in any such State or country, or such
qualification, only when granted afler a specified date, shall be a recognised dental
qualification for the purposes of this Act, and any such notification may provide for an
amendment of the Schedule and may also direct that any such dental qualification as is
specified in the notification shall be entered in the Schedule as so amended.
(6) The Central Government may, after consultation with the Council, by notification in
Official Gazette, amend the Schedule by directing that an entry be made therein in
respect of any dental qualification declaring that it shall be a recognised dental
qualification only when granted before a specified dale.]
SECTION 10A: PERMISSION FOR ESTABLISHMENT OF NEW
DENTAL COLLEGE, NEW COURSES OF STUDY ETC
(1) Notwithstanding anything contained in this Act or any other law for the time being in
force, (a) no person shall establish an authority or institution for a course of study or training
(including a postgraduate course of study or training) which would enable a student of
such course or training to qualify himself for the grant of recognised dental qualification;
or
(b) no authority or institution conducting a course of study or training (including a postgraduate course of study or training) for grant of recognised dental qualification shall(i) open a newer higher course of study or training (including a post -graduate course of
study or training) which would enable a student of such course or training to qualify
himself for the award of any recognised dental qualification; or
(ii) increase its admission capacity in any course of study or training (including a post graduate course of study or training). except with the previous permission of the Central
Government obtained in accordance with the provisions of this section.
Explanation 1 - For the purposes of this section, "person" includes any University or a
trust but docs not include the Central Government.
Explanation 2 - For the purposes of this section, "admission capacity", in relation to any
course of study or training (including a post-graduate course of study or training)in an
authority or institution granting recognized denial qualification, means the maximum
number of students that may be fixed by the Council from time to time for being
admitted to such course or training.
(2) (a) Every person, authority or institution granting recognised dental qualification
shall, for the purpose of obtaining permission under sub -section (1), submit to the
Central Government a scheme in accordance with the provisions of clause (b) and the
Central Government shall refer the said scheme to the Council for its recommendations.
(b) The scheme referred lo in clause (a) shall be in such form and contain such
particulars and be preferred in such manner and be accompanied with such fee as may be
prescribed.
(3) On receipt of a scheme by the Council under sub-section (2), the Council may obtain
such other particulars as may be considered necessary by it from the person, authority or
institution concerned, granting recognised dental qualification and thereafter, it may.(a) if the scheme is defective and does not contain any necessary particulars, give a
reasonable opportunity to the person, authority or institution concerned for making a
written representation and it shall be open to such person, authority or institution to
rectify the defects, if any, specified by the Council;
(b) consider the scheme, having regard to the factors referred to in sub-section (7), and
submit the scheme together with its recommendations thereon to the Central
Government,
(4) The Central Government may, after considering the scheme and the
recommendations of the Council under sub - section (3) and after obtaining, where
necessary, such other particulars as may be considered necessary by it from the person,
authority or institution concerned, and having regard to the factors referred to in sub section (7), either approve (with such conditions, if any, as it may consider necessary) or
disapprove the scheme and any such approval shall be permission under sub -section (1)
: Provided that no scheme shall be disapproved by the Central Government except after
giving the person, authority or institution concerned granting recognised dental
qualification a reasonable opportunity of being heard : Provided further that nothing in
this sub-section shall prevent any person, authority or institution whose scheme has not
been approved to submit a fresh scheme and the provisions of this section shall apply lo
such scheme, as if such scheme has been submilted for the first time under sub-section
(2).
(5) Where within a period of one year from the date of submission of the scheme to the
Central Government under sub -section (2), no order passed by the Central Government
has been communicated to the person, authority or institution submitting the scheme,
such scheme shall be deemed to have been approved by the Central Government in the
form in which it had been submitted, and accordingly, the permission of the Central
Government required under sub -section (1) shall also be deemed to have been granted.
(6) In computing the time-limit specified in sub-section (5), the time taken by the person,
authority or institution concerned submitting the scheme in furnishing any particulars
called for by the Council or by the Central Government, shall be excluded.
(7) The Council, while making its recommendations under clause (b) of sub-section (3)
and the Central Government, while passing an order either approving or disapproving the
scheme under sub-section (4), shall have due regard to the following factors, namely: (a) whether the proposed authority or institution for grant of recognised dental
qualification or the existing authority or institution seeking to open a new or higher
course of study or training, would be in a position to offer the minimum standards of
dental education in conformity with the requirements referred to insection 16A-and the
regulations made under sub-section (1) ofsection 20 -;
(b) whether the person seeking to establish an authority or institution or the existing
authority or institution seeking to open a new or higher course of study or training or to
increase its admission capacity has adequate resources;
(c) whether necessary facilities in respect of staff, equipment, accommodation, training
and other facilities to ensure proper functioning of the authority or institution or
conducting the new course of study or training or accommodating the increased
admission capacity have been provided or would be provided within the timelimit
specified in the scheme;
(d) whether adequate hospital facilities, having regard to the number of students likely to
attend such authority or institution or course of study or training or as a result of the
increased admission capacity have been provided or would be provided within the timelimit specified in the scheme;
(e) whether any arrangement has been made or programme drawn to impart proper
training to students likely to attend such authority or institution or course of sludy or
training by persons having the recognised dental qualifications;
(f) the requirement of manpower in the field of practice of dentistry : and
(g) any other factors as may be prescribed.
(8) Where the Central Government passes an order either approving or disapproving a
scheme under this section, a copy of the order shall be communicated to the person,
authority or institution concerned.
SECTION 10B: NON-RECOGNITION OF DENTAL QUALIFICATIONS
IN CERTAIN CASES
(1) Where any authority or institution is established for grant recognised dental
qualification except with the previous permission of the Central Government in
accordance with the provisions ofsection 10A-, no dental qualification granted to any
student of such authority or institution shall be a recognised dental qualification for the
purposes of this Act.
(2) Where any authority or institution granting recognised dental qualification opens a
new or higher course of study or training (including a post-graduate course of study or
training) except with the previous permission of the Central Government in accordance
with the provisions ofsection 10A-, no dental qualification granted to any student of such
authority or institution on the basis of such study or training shall be a recognised dental
qualification for the purposes of this Act.
(3) Where any authority or institution granting recognised dental qualification increases
its admission capacity in any course of study or training (including a post-graduate
course of study or training) except with the previous permission of the Central
Government in accordance with the provisions ofsection 10A-, no dental qualification
granted to any student of such authority or institution on the basis of the increase in its
admission capacity shall be a recognised dental qualification for the purposes of this Act.
Explanation.- For the purposes of this section, the criteria for identifying a student who
has been granted a denial qualificalion on the basis of such increase in the admission
capacity shall be such as may be prescribed.
SECTION 10C: TIME TOR SEEKING PERMISSION FOR CERTAIN
EXISTING AUTHORITIES
(1) If. after the 1st day of June, 1992 and on and before the commencement of the
Dentists (Amendment) Act, 1993 any person has established an authority or institution
for grant of recognised dental qualification or any authority or institution granting
recognised dental qualification has opened a new or higher course of study or training
(including a post-graduate course of study or training) or increased its admission
capacity, such person, authority or institution, as the case may be, shall seek, within a
period of one year from the commencement of the Dentists (Amendment) Act, 1993, the
permission of the Central Government in accordance with the provisions ofsection 10A-.
(2) If any person or, as the case may be, any authority or institution granting recognised
dental qualification fails to seek the permission under sub-section (1), the provisions
ofsection 10B-shall apply so far as may be, as if permission of the Central Government
undersection 10A-has been refused.]
SECTION 11: QUALIFICATIONS OF DENTAL HYGIENISTS
- Any authority in a25[State]26[**] which grants a qualification for dental hygienists may
apply to the Council to have such qualification, recog- nised,27and the Council may, after
such inquiry, if any, as it thinks fit, and after consulting the Government and the28[State]
Council of the25[State] in which the authority making the application is situated, declare
that such qualification, or such qualification only when granted after a specified date,
shall be a recognised dental hygiene qualification for the purposes of this Act.
SECTION 12: QUALIFICATIONS OF DENTAL MECHANICS
- The Council may prescribe the period and nature of an apprenticeship or training which
shall be undergone and the other conditions which shall be satisfied by a person before
he is entitled to be registered under this Act as a dental mechanic.
SECTION 13: EFFECT OF RECOGNITION
- Notwithstanding anything contained in any other law, but subject to the provisions of
this Act, (a) any recognised dental or dental hygiene qualification shall be a sufficient
qualification for enrolment in the appropriate register of any29 [State];
(b) no person shall, after the first registers arc compiled under this Act, be entitled to be
enrolled in any register as a dentist or dental hygienist unless he holds a recognised
dental or dental hygiene qualification or as a dental mechanic unless he has undergone
training which satisfies the prescribed requirements referred to inSection 12-.
SECTION 14: POWER TO REQUIRE INFORMATION AS TO
COURSES OF STUDY AND TRAINING ANDEXAMINATIONS
- Every authority in a30[State]31[* * *] which grants any recognised dental or dental
hygiene qualification shall furnish such information as the Council may from time to
time require as to the courses of study and training and examinations to be undergone in
order to obtain such qualification, as to the ages at which such courses of study and
examinations are required to be undergone, and generally as to the requisites for
obtaining such qualification.
SECTION 15: INSPECTIONS
(1) The Executive Committee32[may subject to regulations, if any, made by the Council
appoint] such number of inspectors as it deems necessary to attend at any examina- tions
held by authorities in the33[State]34[* *] which grant recognised dental or dental
hygiene qualifications and to inspect any institution recognised as a training institution.
(2) Inspectors appointed under this section shall not interfere with the course of any
examina- tion but they shall report to the Executive Committee on the sufficiency of
every examination at which they attend and of the courses of study and training at every
inslilulion which they inspect, and on any other matters with regard to which the
Executive Committee may require them to report.
(3) The Executive Committee shall forward a copy of such report to the authority or
institution concerned and shall also forward copies with remarks, if any, of the authority
or institution concerned thereon to the Central Government or the33[State] in which the
authority or institution is situated.
SECTION 15:A APPOINTMENT OF VISITORS
(1) The Council may appoint such number of Visitors as it may deem necessary to attend
at any examination held by any authority or institution in a State which grants recognised
dental qualifications and to inspect any institution training students for recognised dental
qualifications.
(2) Any person, whether he is a member of the Council or not, may be appointed as a
Visitor under this section, hut a person who is appointed as an Inspector undersection 15for any inspection or examination shall not be appointed as a Visitor for the same
inspection or examination.
(3) The Visitor shall not interfere with the course of any examination but shall report to
the President of the Council on the sufficiency of every examination at which he attends
and of the courses of study and training at every institution which he inspects and on the
adequacy of the standards of dental education including staff, equipment,
accommodation and other facilities prescribed for giving dental education, and on any
other matters with regard to which the Council may require him to report.
(4) The report of a Visitor shall be treated as confidential unless in any particular case
the President of the Council otherwise directs: Provided that if the Central Government
requires a copy of the report of a Visitor, the Council shall furnish the same.]
SECTION 16: WITHDRAWAL OF RECOGNITION
(1) When upon report by the Executive Committee it appears to the Council(a) that the courses of study and training or the examinations to be undergone in order to
obtain a recognised38 [* * *] dental hygiene qualification from any authority in
a36[State]37[* *] or the conditions for admission to such courses or the standards of
proficiency required from the candidates at such examinations are not in conformity with
regulations made under this Act or fall short of the standards required thereby, or
(b) that an institution docs not satisfy the requirements of the Council, the Council may
send to the Government of the36[State] in which the authority or institution is situated a
statement to such effect, and the36 [State] Government shall forward it, along with such
remarks as it may think fit, to the authority or institution concerned with an intimation of
the period within which the authority or institution may submit its explanation to
the36[State] Government.
(2) On receipt of the explanation, or where no explanation is submilted within the period
fixed, then on the expiry of the period, the36[State] Government shall after consulting
the36[State] Council, forward its recommendations and those of the36[State] Council, if
any, to the Council.
(3) The Council, after considering the recommendations of the36[State] Government and
the36 [State] Council and after such further inquiry, if any, as it may think fit to make,
may declare that the qualification granted by the authority or institution shall be a
recognised38[* *] dental hygiene qualification only when granted before a specified
date.
(4) The Council may declare that any recognised38[* *] dental hygiene qualification
granted outside the36[States]37[* *] shall be recognised as such only if granted before a
specified date.
SECTION 16A: WITHDRAWAL OF RECOGNITION OF RECOGNISED
DENTAL QUALIFICATION
(1) When, upon report by the Executive Committee or the Visitor, it appears to the
Council(a) that the courses- of study and training or the examination to be undergone in order to
obtain a recognized dental qualification from any authority or institution in a State, or the
conditions for admission to such courses or the standards of proficiency required from
the candidates at such examinations are not in conformity with the regulations made
under this Act or fall short of the standards required thereby, or
(b) that an institution does not, in the matter of staff, equipment, accommodation,
training and other facilities, satisfy the requirements of the Council, the Council shall
send a statement to that effect to the Central Government.
(2) After considering such a statement, the Central Government may send it to the
Govern- ment of the State in which the authority exercises power or the institution is
situated, and the State Government shall forward it, along with such remarks as it may
think fit to make, to the authority or institution concerned, with an intimation of the
period within which the authority or institution may submit its explanation to the State
Government.
(3) After considering the explanation, or where no explanation is submilted within the
period fixed, then, on the expiry of that period, the State Government shall make its
recommen- dations to the Central Government.
(4) The Central Government may, after considering the recommendations of the State
Government and after making such further inquiry, if any, as it may think fit, by
notification in the Official Gazette, direct that an entry shall be made in Part I of the
Schedule against the qualification granted by the authority or institution declaring that it
shall be a recognised dental qualification only when granted before a specified date or
that the said recognised dental qualification if granted to students of a specified college
or institution affiliated to any University shall be a recognised dental qualificalion only
when granted before a specified date or, as the case may be, that the said recognised
dental qualification shall be a recognised dental qualificalion in relation to a specified
college or institution affiliated to any University only when granted after a specified
date.]
SECTION 17: MODE OF DECLARATIONS
- All declarations under40[* *]section 11-orsection 16-shall be made by a resolution
passed at a meeting of the Council and shall forthwith he published in the Official
Gazette.
SECTION 17A: PROFESSIONAL CONDUCT
(1) The Council may prescribe standards of professional conduct and etiquette or the
code of ethics for dentists.
(2) Regulations made by the Council under sub-section (1) may specify which violations
thereof shall constitute infamous conduct in any professional respect, that is to say,
professional misconduct, and such provision shall have effect notwithstanding anything
to the contrary contained in any other law for the time being in force.]
SECTION 18: THE INDIAN REGISTER
(1) The Council shall maintain a register of dentists to be known as the Indian Dentists
Register and consisting of lhe entries in all the42[State] registers of dentists.
(2) Each42[State] Council shall supply to the Council twenty printed copies of
the42[State] register as soon as may be after the 1st day of April of each year, and each
Register shall inform the Council without delay of all additions to and other amendments
in the42[State] register.
SECTION 19: INFORMATION TO BE FURNISHED
(1) The Council shall furnish copies of its minutes and of the minutes of the Executive
Committee and an annual report of its activities together with an avstract of its accounts
to the Central Government.
(2) The Central Government may publish in such manner as it thinks fit any report,
copy or abstract furnished to it under this section.
SECTION 20: POWER TO MAKE REGULATIONS
(1) The Council may, with the approval of the Central Government,45[by notification in
the Official Gazette] make regulations not inconsistent with the provisions of this Act to
carry out the purposes of this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power such
regula- tions may(a) provide for the management of the property of the Council44[* * * *]
(b) prescribe the manner in which elections under this Chapter shall be conducted;
(c) provide tor the summoning and holding of meeting of the Council and the Executive
Committee, the times and places at which such meetings shall be held, the conduct of
business thereat and the number of members necessary to constitute a quorum;
(d) prescribe the functions of the Executive Committee;
(e) prescribe the powers and duties of the President and Vice- President;
(f) prescribe the tenure of office and the powers and duties of the Secretary,45[and other
officers and servants of the Council, and Inspectors, and Visitors appointed by the
Council];
46[(fa) prescribe the form of the scheme, the particulars to be given in such scheme, the
manner in which the scheme is lo be preferred and the fee payable with the scheme under
clause (b) of sub-section (2) ofsection 10A-;
(fb) prescribe any other factors under clause (g) of sub -section (7) ofsection 10A-;
(fc) prescribe the criteria for identifying a student who has been granted a dental
qualification referred to in the Explanation to sub-section (3) ofsection 10B-;]
(g) prescribe the standard curricula for the training of dentists and dental hygienists, and
the conditions for admission to courses of such training;
(h) prescribe the standards of examinations and other requirements to be satisfied to
secure for the qualifications recognition under this Act:
(i) any other matter which is to be or may be prescribed under this Act: Provided that
regulations under clauses (g) and (h) shall be made after consultation with43[State]
Governments.
(3) To enable the Council to be first constituted the Central Government may make
regula- tions for the conduct of the elections to the Council, and any regulation so made
may be altered or rescinded by the Council in exercise of its powers under this section.
48[(4) Every regulation made under this section shall be laid, as soon as may be after it is
made.before each House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive sessions and
if, before the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the regulation or
both Houses agree that the regulation should not be made, the regulation shall thereafter
have effect only in such modified form or be of no effect. as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that regulation.)
OBJECTS AND REASONS "To enable the Central Government to have some control in
the making of regulations by the Dental Council of India, it has been provided that the
regulation shall be made with the approval of the Central Government."- S.C.R.
SECTION 21: CONSTITUTION AND COMPOSITION OF 'STATE
COUNCILS
- Except where a Joint49[State] Council is constituted in accordance with an agreement
made undersection 22-, the49[State] Government shall constitute a49[State] Council
consisting of lhe following members, namely: (a) four members elected from among themselves by dentists registered in Part A of
the49[State] register;
(b) four members elected from among themselves by dentists registered in Part B of
the50[State] register;
50[(c) the heads of dental colleges, if any, in the49[State] which train students for any of
the recognised dental qualifications included in Parl I of the Schedule, ex officio;]
(d) one member elected from amongst themselves by the members of the Medical
Council or the Council of Medical Registration of the49[State] as the case may be;51[*
*]
(e) three members nominated by the49[State] Government;51[and]
51[(f) the Chief Medical Officer of the State, by whatever name called, ex officio:]
52[Provided that in the State of Saurashtra53[as it existed before the 1st November
1956] the State Dental Council constituted under Saurashtra Ordinance XXV of 1948, as
amended by Saurashtra Ordinance XL of 1949, shall be deemed to be the State Council
constituted under this Act.]
SECTION 22: INTER-STATE AGREEMENTS
(1) Two or more54[State] Governments may enter into an agreement to be in force for
such period and to be subject to renewal for such further periods. if any, as may be
specified in the agreement, to provide(a) for the constitution of a Joint 54[State] Council for all the participating States, or
(b) for the54[State] Council of one54[State] to serve the needs of the other participating
States.
(2) In addition to such matters as are in this Act specified, an agreement under this
section may(a) provide for the apportionment between the participating 55[States] of the expenditure
in connection with the State Council or Joint54[State] Council;
(b) determine which of the participating54[State] Governments shall exercise the several
functions of the54[State] Government under this Act, and lhc references in this Act to
the54[State] Government shall be construed accordingly;
(c) provide for consultation between the participating54[State] Governments either
generally or with reference to particular matters arising under this Act;
(d) make such incidental and ancillary provisions, not inconsistent with this Act, as may
be deemed necessary or expedient for giving effect to the agreement
(3) An agreement under this section shall be published in the Official Gazette of the
participating55[States].
SECTION 23: COMPOSITION OF JOINT STATE COUNCILS
A Joinl56[State] Council shall consist of the following members, namely: (a) two members elected from among themselves by dentists registered in Part A of the
register of each of the participating56[States];
(b) two members elected from among themselves by dentists registered in Part B of the
register of each of the participating56[States];
57[(c) the heads of dental colleges, if any, in all the participating States which train
students for any of the recognised denial qualifications included in Part I of the
Schedule, ex officio;]
(d) one member elelcted by the Medical Council or the Council of Medical Registration,
of each participating State, as the case may be;
(e) two members nominated by each participating56[State] Government;
58[(f) the Chief Medical Officer of each participating State, by whatever name called,
exofficio:]
SECTION 24: INCORPORATION OF STATE COUNCILS
- Every59[State] Council shall be a body corporate60by such name as may be notified by
the59[State] Government in the Official Gazette or, in the case of a Joint59[State] Council,
as may be determined in the agreement, having perpetual succession and a common seal
with power to acquire and hold property, both movable and immovable, and shall by the
said name sue and be sued.
SECTION 25: PRESIDENT AND VICE --PRESIDENT OF STATE
COUNCIL
(1) The President and Vice-President of the61[State] Council shall be elected by the
members from among themselves: Provided that for the five years from the first
constitution of the61[State] Council, the President shall, if the61[State] Government so
decides, be a person nominated by the61[State] Government who shall hold office during
the pleasure of the61[State] Government, and where he is not already a member, shall be
a member of the61[State] Council in addition to the members referred to insection 21or23-, as the case may be.
(2) The President or Vice-President shall hold office as such for a term not exceeding
five years and not extending beyond the expiry of his term as a member of the61[State]
Council, but subject to his being a member of the61[State] Council, he shall be eligible
for re-election.
SECTION 26: MODE OF ELECTIONS
- Elections under this Chapter shall be conducted in the prescribed manner, and where
any dispute arises regarding any such election, it shall be referred to the62[State]
Government whose decision shall be final.
SECTION 27: TERM OF OFFICE AND CASUAL VACANCIES
(1) Subject to the provisions of this section, an elected or nominated member shall hold
office for a term of five years from the date of his election or nomination or until his
successor has been duly elected or nominated whichever is longer.63[Provided that a
member nominated under clause (e) ofsection 21-or clause (e) ofsection 23-, shall hold
office during the pleasure of the authority nominating him.]
(2) An elected or nominated member may at any time resign his membership by writing
under his hand addressed to the President, and the seat of such member shall thereupon
become vacant.
(3) An elected or nominated member shall be deemed to have vacated his seal(a) if he is absent without excuse, sufficient in the opinion of the64[State] Council, from
three consecutive ordinary meeting of the64[State] Council, or
(b) in the case of a member whose name is required to be included in any64[State]
register, if his name is removed from the register, or
(c) where he has been elected under clause (d) ofsection 21-or under clause (d) ofSection
23 -. if he ceases to be a member of the Medical Council or the Council of Medical
Registration of the64[State] as the case may be.
(4) A casual vacancy in the64[State] Council shall be filled by fresh election or
nomination, as the case may be, and the person elected or nominated to fill the vacancy
shall hold office only for the remainder of the term for which the member whose place
he takes was elected or nominated.
(5) Members of the64[State] Council shall be eligible for re-election or renomination.
(6) No act done by the64[State] Council shall be called in question on the ground merely
of the existence of any vacancy in, or defect in the constitution of, the64[State] Council.
SECTION 28: STAFF REMUNERATION AND ALLOWANCES
(1) The65[State] Council may, with the previous sanction of the65[State] Government,(a) appoint a Registrar, who shall also act as Secretary and if so decided by the65[State]
Council also as its Treasurer;
(b) appoint such other officers and servants as may be required to enable the65[State]
Council to carry out its functions under this Act;
(c) require and take from the Registrar or from any other officer or servant such security
for the due performance of his duties as the65[State]Council considers necessary;
(d) fix the salaries and allowances and other conditions of service of the Registrar and
other officers and servants of the State Council;
(e) fix the rate of allowances payable to members of the State Council.
(2) Notwithstanding anything contained in clause (a) of sub- section (1) for the first four
years from the first constitution of the State Council, the Registrar of the State Council
shall be a person appointed by the State Government who shall hold office during the
pleasure of the State Government.
SECTION 29: EXECUTIVECOMMITTEE
(1) The67[State] Council shall constitute from among its members an Executive
Committee consisting of the President and Vice-President ex officio66[and the Chief
Medical Officer of the State or the States concerned by whatever name called, ex
officio,] and such number of other members elected by the67[State] Council as may be
prescribed.
(2) The President and Vice-President of the67[State] Council shall be Chairman and
Vice- Chairman, respectively, of the Executive Committee.
(3) A member of the Executive Committee shall hold office as such until the expiry of
his term of office as member of the67[State] Council, but subject to his being a member
of the67[State] Council, he shall be eligible for re-election.
(4) The Executive Committee shall exercise and discharge such powers and duties as
may be prescribed.
SECTION 30: INFORMATION TO BE FURNISHED
(1) The68[State] Council shall furnish such reports copies of its minutes and of the
minutes of the Executive Committee, and abstracts of its accounts to the68[State]
Government as the68[State] Government may from time to time require and shall
forward copies of all material so furnished to the68[State] Government to the Council.
(2) The68[State] Government may publish in such manner as it thinks fit any report,
copy or abstract furnished lo it under this section.
SECTION 31: PREPARATION AND MAINTENANCE OF REGISTER
(1) The69[State] Government shall as soon as may be cause to be prepared in the manner
hereinafter provided a register of dentists for the69[State].
(2) The69[State] Council shall upon its constitution assume the duty of maintaining the
register in accordance with the provisions of this Act.
(3) The register of dentists shall be maintained in two Parts A and B persons possessing
recognised dental qualifications being registered in Part A and persons not possessing
such qualifications being registered in Part B.
(4) The register shall include the following particulars, namely.(a) the full name, nationality and residential address of the registered person;
(b) the date of his first admission to the register;
(c) his qualification for registration, and the date on which he obtained his degree or
diploma in dentistry, if any, and the authority which conferred it;
(d) his professional address; and
(e) such further particulars as may be prescribed.
SECTION 32: FIRST PREPARATION OF REGISTER
(1) For the purpose of first preparing the register of dentists, the70[State] Government
shall, by notification in the Official Gazette, constitute a Registration Tribunal consisting
of three persons and shall also appoint a Registrar who shall act as Secretary of the
Tribunal.
(2) The70[State] Government shall, by the same or a like notification, appoint a date on
or before which application for registration, which shall be accompanied by the
prescribed fee, shall be made to the Registration Tribunal.
(3) The Registration Tribunal shall examine every application received on or before the
appointed date, and if it is satisfied that the applicant is qualified for registration under
section 33, shall direct the entry of the name of the applicant on the register.
(4) The register so prepared shall thereafter be published in such manner as the70[State]
Government may direct, and any person aggrieved by a decision of the Registration
Tribunal expressed or implied in the register as so published may within thirty days from
the date of such publication, appeal to the authority appointed by the70[State]
Government in this behalf by notification in the Official Gazette.
(5) The Registrar shall amend the register in accordance with the decisions of the
authority appointed under sub-section (4) and shall thereupon issue to every person
whose name is entered on the register a certificate of registration in the prescribed form.
(6) Upon the constitution of the70[State] Council the register shall be given into its
custody. And the70[State] Government may direct that all or any specified part of the
application fees for registration in the first register shall be paid to the credit of
the70[State] Council.
SECTION 33: QUALIFICATIONS
PREPARATION OF REGISTER
FOR
ENTRY
ON
FIRST
(1)A person shall be entitled on payment of the prescribed fee to have his name entered
on the register when it is first prepared, if he resides carriers on the profession of
dentistry in the72[State] and if he (a) holds a recognised dental qualification, or
(b) does not hold such a qualification but, being a71[citizen of India], has been engaged
in practice as a dentist as his principal means of livelihood for a period of not less than
five- years prior to73[the date appointed under sub -section (2) ofsection 32-]: Provided
that no person other than a71[Citizen of India] shall be entitled to registration by virtue
of a qualification(a) specified in Part I of the schedule unless by the law and practice of the State or
country to which such person belongs persons of Indian origin holding dental
qualifications registrable in that State or country are permitted to enter and practice the
profession of dentistry in such State or country or
74[(b) recognised in pursuance of a scheme of reciprocity, under sub-section (5)
ofsection 10-:] Provided further that a person shall be entitled to registration by virtue of
a qualification specified in [Part II] of the Schedule only if he is a71 [citizen of India]:
74[Provided further that for the purpose of the first preparation of the register of dentists
under this Act, a person shall be entitled to have his name entered in the appropriate part
of the register without payment of any registration fee,(a) in the state of Saurashtra77[as it existed before the 1st November, 1956], if he is
registered on the register of dental practitioners maintained under Saurashtra ordinance
No. XXV of 1948, as amended by Saurashtra Ordinance No. XL of 1949; or
(b) in the State of Travancore-Cochin77[as it existed before the 1st November, 1956], if
he is registered on the register of dental practitioners maintained under the Travancore
Medical Practitioners Act, 1119;]78[or]
78[(c)in the State of Jammu and Kashmir, if he is registered on the register of dental
prac- titioners maintained under the Jammu and Kashmir Dentists Act, 1958.]
(2) A person domiciled in a72 [State]79[* *] shall be entitled on payment of the
prescribed fee to temporary registration as a dentist for a period of five years, if he has
been engaged in practice as a dentist as his principal means of livelihood for a period of
not less than two years during the five years prior to 80[the date appointed under subsection (2) ofsection 32-], and a person so registered shall be entitled to permanent
registration if81 [for a period of five years from the date of his temporary registration he
has been engaged in practice as a dentists.]
SECTION 34: QUALIFICATION FOR SUBSEQUENT REGISTRATION
82[(1) After the-date appointed under sub-section (2) ofsection 32-a person shall, on
payment of the prescribed fee, be entitled to have his name entered on the register of
dentists, if he resides or carries on the profession of dentistry in the83 [State] and if he(i) holds a recognised denial qualification, or
(ii) does not hold such a qualification but, being a84[citizen of India], has been engaged
in practice as a dentist as his principal means of livelihood for a period of not less
than85[two years before the date appointed under sub -section (2) ofSection 32-] and has
passed, within a period of86[ten years after the said date], an examination recognised for
this purpose by the 87[Central Government]: Provided that no person other than a84
[citizen of India] shall be entitled to registration by virtue of a qualification:
(a) specified in part I of the Schedule unless by the law and practice of the State or
country to which such person belongs persons of Indian origin holding dental
qualifications registrable in that State or country are permitted to enter and practise the
profession of dentistry in such State or country, or
88[(b) recognised in pursuance of a scheme of reciprocity, under sub -section (5)
ofsection 10-:] Provided further that a person registered in part B of the register shall be
entitled to be registered in Part A thereof, if within a period of 86[ten years after the date
of his registration in Part B] he passes an examination recognized for the purpose by
the89[Central Government].
90[(2) Notwithstanding anything contained in sub-section (1),(a) a91[State Council] may during the period of two years immediately after the
commence- ment of the Dentists (Amendment) Act,92[1955], permit for sufficient
reasons the registra- tion in the State register of any displaced person who does not hold
a recognised dental qualification but has been actually practising the profession of
dentistry as his principal means of livelihood from a date prior to the 29th day of March,
1948; Explanation.- In this clause "displaced person" means any person who, on account
of the setting up of the Dominions of India and Pakistan or on account of civil
disturbances or fear of such disturbances in any area now forming part of Pakistan has,
after the 1st day of March 1947. left or been displaced from, his place of residence in
such area and who has since then been residing in India;
93[(aa) the State Council may, during the period of two years immediately after the
commence - ment of the Dentists (Amendment) Act, 1972, permit, for sufficient reasons,
the registra- tion in the State register of any displaced person or a repatriate who does not
hold any recognised dental qualification but has been actually practising the profession
of dentistry as his principal means of livelihood from a date prior to the 29th day of
March, 1948. Explanation.- In this clause,
(i) "displaced person" means any person who on account of civil disturbances or fear of
such disturbances in any area now forming part of Bangla Desh, has after the 14th day of
April. 1957 but before the 25th day of March, 1971, left or has been displaced from, his
place of residence in such area and who has since then been residing in India;
(ii) "repatriate" means any person who on account of civil disturbances or fear of such
disturbances in any area now forming part of Burma or Ceylon, has after the 14th day of
April, 1957, left or has been displaced from, his place of residence in such area and who
has since then been residing in India;]
(b) a person other than a citizen of India holding a reputable dental qualification and
employed for teaching or research in a dental institution situated in any of the States may
be permitted94[* * * *] temporary registration in the State register of dentists for the
period of his employment or for a period of five years, whichever is shorter: Provided
that he does not practise the profession of dentistry for personal gain and his application
for registration is approved by the President of the Council..]
SECTION 35: SCRUTINY OF APPLICATIONS FOR REGISTRATION
(1) After the date appointed for the receipt of applications for registration in the first
register of dentists all applications for registration shall be addressed to the Registrar of
the95[State] Council and shall be accompanied by the prescribed fee.
(2) If upon such application the Registrar is of opinion that the applicant is entitled to
have his name entered on the register, he shall enter thereon the name of the applicant:
Provided that no person, whose name has under the provisions of this Act been removed
from the register of any95 [State] shall be entitled to have his name entered on the
register except with the approval of the95 [State] Council from whose register his name
was removed.
(3) Any person whose application for registration is rejected by the Registrar may, within
three months from the date of such rejection, appeal to the95[State] Council, and the
decision of the95 [State] Council thereon shall be final.
(4) Upon entry in the register of a name under this section, the Registrar shall issue a
certificate of registration in the prescribed form.
SECTION 36: REGISTERS OF DENTAL HYGIENISTS AND DENTAL
MECHANICS
(1) The96[State] Government may, by notification in the official Gazette, direct that
the96[State] Council shall maintain a register of dental hygienists or a register of dental
mechanics.
(2) The provisions of section 35 shall, so far as they may be made applicable, apply in
respect of applications for registration in a register referred to in this section.
SECTION 37: QUALIFICATION FOR REGISTRATION AS A DENTAL
HYGIENIST
A person shall be entitled on payment of the prescribed fee to have his name registered
on the register of dental hygienistys, if he resides in the97[State] and holds a recognised
denial hygiene qualification: Provided that for the purposes of the first register of dental
hygientists, a person shall be entitled to be registered, if he has been engaged as a dental
hygienist as his principal means of livelihood for a period of not less than two years prior
to the date of notification under sub-section (1) of section 36.
SECTION 38: QUALIFICATION FOR REGISTRATION AS A DENTAL
MECHANIC
- A person shall be entitled on payment of the prescribed fee to have his name entered in
the register of dental mechanics, if he satisfies the prescribed requirements referred to
insection 12-: Provided that for the purposes of the preparation of the first register of
dental mechanics a person shall be entitled to be registered, if he has been engaged as a
dental mechanic as his principal means of livelihood for a period of not less than two
years prior to the date of notification under sub-section ( 1 ) ofsection 36-
SECTION 39: RENEWAL FEES
(1) The99[State] government may, by notification in the official Gazette, direct that for
the retention of a name in a register after the 31st day of December of the year following
the year in which the name is first entered in the register, there shall be paid annually to
the99[State] Council such renewal fee as may be prescribed in respect of each register,
and where such direction has been made, such renewal fee shall be due to be paid before
the 1st day of April of the year to which it relates.
(2) Where a renewal fee is not paid before the due date, the Registrar shall remove the
name of the defaulter from the register: Provided that a name so removed may be
restored to the register on payment in such manner as may be prescribed.
98
[(3) On payment of the renewal fee, the Registrar shall issue a certificate of renewal
and such certificate shall be proof of renewal of registration.]
SECTION 40: ENTRY OF ADDITIONAL QUALIFICATIONS
- A registered dentists shall on payment of the prescribed fee be entitled to have entered
in the register any further recognised100[dental] qualification which he may obtain.
SECTION 41: REMOVAL FROM REGISTER
(1) Subject to the provisions of this section, the103[State] Council may order that the
name of any person shall be removed from any register where it is satisfied. after giving
that person a reasonable opportunity of being heard and after such further inquiry, if any,
as it may think 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, or
(ii) that he has been convicted of any offence or has been guilty of any infamous conduct
in any professional respect102[or has violated the standards of professional conduct and
etiquette or the Code of ethics prescribed undersection 17A-] which in the opinion of
the103[State] Council renders him unfit to be kept in the register,101[or]
101[(iii) that he having been permitted temporary registration under cl. (b) of sub-section
(2) of section 34-has, on such registration, been found to practise the profession of
dentistry for personal gain.]
(2) An order under sub-section (1) may direct that any person whose name is ordered to
be removed from a register shall be ineligible for registration in the103[State] under this
Act either permanently or for such period of years as may be specified.
(3) An order under sub-section (1) shall not take effect until the expiry of three months
from the date thereof.
(4) A person aggrieved by an order under sub-section (1) may, within thirty days from
the date thereof, appeal to the .103[State] Government, and the order of the103[State]
Government upon such appeal shall be final.
(5) A person whose name has been removed from the register under this section or under
subsection (2) ofsection 39-shall forthwith surrender his certificate of registration [and
certificate of renewal, if any] to the Registrar, and the name so removed shall be
published in the Official Gazelle.
101[(6) A person whose name has been removed from the State register of dentists under
this section or under sub-section (2) ofsection 39-shall not be entitled to have his name
registered in the register of dentists in any other State register of dentists except with the
approval of the State Council from whose register his name has been removed.]
SECTION 42: RESTORATION TO REGISTER
- The104[State] Council may at any time for reasons appearing to it sufficient and subject
to the approval of the104[State] Government, order that upon payment of the prescribed
fee the name of a person removed from a register shall be restored thereto.
SECTION 43: BAR OF JURISDICTION
- No order refusing to enter a name in a register or removing a name from a register shall
be called in question in any Court.
SECTION 44: ISSUE OF DUPLICATE CERTIFICATES
- Where it is shown to the satisfaction of the Registrar that a certificate of
registration105[or a certificate of renewal] has been lost or destroyed, the Registrar may,
on payment of the prescribed fee, issue a duplicate certificate in the prescribed form.
SECTION 45: PRINTING OF REGISTERS
- As soon as may be after the 1st day of April in each year the Registrar shall cause to be
printed copies of the registers as they stood on the said date and such copies shall be
made available to persons applying therefor on payment of the prescribed charge, and
shall be evidence that on the said date the persons whose names are entered therein were
registered dentists, registered dental hygienists or registered dental mechanics, as the
case may be.
SECTION 46: EFFECT OF REGISTRATION
(1) Any reference in any other law to a person recognised by law as a dentist shall be
deemed to be a reference to a dentist registered under this Act.
(2) No certificate required by or under any other law from a dentist shall be valid unless
the person signing it is registered as a denist under this Act.
(3) After the expiry of106[three years] from107[the date appointed under sub-section (2)
ofsection 32-], a person who is not registered in Part A of the111[State] register of
dentists shall not, except with the sanction of108[the Central Government or the State
Government] hold any appointment as dentist in any dispensary, hospital or other
institution109[**] which is supported wholly or partially from public or local funds:
Provided that the provisions of this sub-section shall not apply to any such person who is
holding such an appointment110[immediately before the said date.]
(4) After the expiry of two years from the publication of a register of dental hygienists in
a111 [State], no person whose name is not entered in that register shall hold appointment
as dental hygienist in any dispensary, hospital or other institution in the111[State], which
is supported wholly or partially from public or local funds.
(5) Any person who is registered dentist, registered dental hygienist or registered dental
mechanic in a111[State] may practise as such in any other111[State].
OBJECTS AND REASONS Amendment made in 1950 - "Under the Dentists Act, 1948,
which came into force on the 29th March. 1948. no person, who has not been registered
in Part A of the register, could hold certain post or practise dentistry after the 28th
March, 1950. As the preparation of the first registers under that Act could not be
completed within the stipulated period of two years, it became necessary to extend the
time limit mentioned in sections 46 (3) and 49 (1) by one year. The Dentists (Extension
of time) Ordinance,1950(16 of 1950), was promulgated on the 29th May, 1950, to
achieve this object and also to validate certain appointments held by non-registered
persons. It is necessary to replace the provisions of that Ordinance by an Act of
Parliament." - S.O.R. Gaz.. of Ind., 1950. Pt. II-S. 2. page 302.
SECTION 46A: TRANSFER OF REGISTRATION
- Where a dentist registered in one State is practising dentistry in another State, he may,
on payment of the prescribed fee which shall not exceed the renewal fee for registration
in such other State, make an application in lhe prescribed form to the Council for the
transfer of his name, from the register of the State where he is registered, to the register
of the State in which he is practising dentistry, and on receipt of any such application, the
Council shall, notwithstanding anything contained elsewhere in this Act, direct that the
name of such person be removed from the first mentioned register and entered in the
register of the second mentioned State and the State Councils concerned shall comply
with such directions: Provided that such a person shall be required to produce a
certificate to the effect all dues in respect of his registration in the former State have been
paid; Provided further that where any such application for transfer is made by a dentist
against whom any disciplinary proceeding is pending or where for any other reason it
appears to the Council that the application for transfer has not been made bona fide and
the transfer should not be made, the Council may, after giving the dentist a reasonable
opportunity of making a representation in this behalf, reject the application]
SECTION 47: PENALTY FOR FALSELY CLAIMING TO BE
REGISTERED
- If any person whose name is not for the time being entered in a register falsely
represents that it is so entered or uses in connection with his name or title any words or
letters reasonably calculated to suggests that his name is so entered. he shall be
punishable on first conviction with fine which may extend to five hundred ruppes, and
on any subsequent conviction with imprisonment which may extend to six months or
with fine not exceeding one thousand rupees or with both.
SECTION 48: MISUSE OF TITLES
- If any person(a) not being a person registered in a register of dentists, takes or uses, the description or
dental practitioner, dental surgeon, surgeon dentist, or dentist, or
(b) not being a person whose name is entered on a register of dental hygienists, takes or
uses in a114[State] where such register has been published, the title of dental hygienist,
or
(c) not being a person whose name is entered on a register of dental mechanics, takes or
uses in a114[State] where such register has been published, the title of dental
mechanic,113[or]
113[(d) not possessing a recognised dental qualification, uses a degree or a diploma or an
abbreviation indicating or implying a dental qualification]. he shall be punishable on first
conviction with fine which may extend to five hundred rupees. and on any subsequent
conviction with imprisonment which may extend to six months or with fine not
exceeding one thousand rupees or with both.
SECTION 49: PRACTICE BY UNREGISTERED PERSONS
(1) After the expiry of115[three years] from116[the date appointed117under sub-section
(2) ofsection 32-] in the case of dentists, and in the118[States] where register of dental
hygienists or dental mechanics has been prepared undersection 36-from such date as may
be specified in this behalf by the118[State] Government by notification in the Official
Gazette, in the case of dental hygienists or dental mechanics, no person, other than a
registered dentist, registered dental hygienist or registered dental mechanic, shall practice
dentistry or the art of scaling, cleaning or polishing teeth, or of making or repairing
dentures and dental appliances, as the case may be, or indicate in any way that he is
prepared to so practise: Provided that the provisions of this section shall not apply to (a) practise of dentistry by a registered medical practitioner;
(b) the extraction of a tooth by any person when the case is urgent and no registered
dentist is available so. however, that the operation is performed without the use of any
general or local anaesthetic;
(c) the performance of dental work or radiographic work in any hospital or dispensary
maintained or supported from public or local funds.
(2) If any person contravenes the provisions of sub-section (1), he shall be punishable on
first conviction with fine which may extend to five hundred rupees, and on any
subsequent conviction with imprisonment which may extend to six months or with fine
not exceeding one thousand rupees or with both.
OBJECTS AND REASONS See underSection 46-
SECTION 50: FAILURE TO SURRENDER CERTIFICATE OF
REGISTRATION
- - If any person whose name has been removed from a register fails without sufficient
cause forthwith to surrender his certificate of registration119[or certificate of renewal, or
both] he shall be punishable with fine which may extend to fifty rupees per month of
such failure and in the case of a continuing offence with an additional fine which may
extend to two rupees per day after the first day during which the offence continues.
SECTION 51: COMPANIES NOT TO ENGAGE IN DENTISTRY
(1) Except as hereinafter provided, the profession of dentistry shall not be carried on by a
company or other corporate body.
(2) The provisions of sub-section (1) shall not apply to (a) a company or other corporate body which carries on no business other than the
profession of dentistry or some business ancillary to the profession of dentistry and of
which the majority of the directors and all the operating staff are registered dentists;
(b) the carrying on the profession of dentistry by employers who provide dental
treatment for their employees by registered dentists otherwise than for profit;
(c) the carrying on of the profession of dentistry by any hospital or dispensary or
institution for the training of dentists or dental hygienists or by any local authority or
other body authorised or required by law to provide dental treatment : Provided that any
company or other corporate body carrying on the profession of dentistry
120[immediately before the date appointed under sub-section (2) ofSection 32-] may
continue so to do until the expiry of three years from such date.
(3) If any person contravenes the provisions of sub-section (1), he shall be punishable
with fine which may extend, on first conviction to five hundred rupees, or on any
subsequent conviction with imprisonment which may extend to six months or with fine
not exceeding one thousand rupees or with both.
SECTION 52: COGNIZANCE OF OFFENCES
- No Court shall take cognizance of any offence punishable under this Act except upon
complaint made by order of the121[State] Government or the121[State] Council.
SECTION 53A: ACCOUNTS AND AUDIT
(1) The Council shall maintain appropriate accounts and other relevant records and
prepare an annual statement of accounts including the balance-sheet, in accordance with
such general directions as may be issued and in such form as may be specified by the
Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Council shall be audited annually by the Comptroller and
Auditor- General of India or any person appointed by him in this behalf and any
expenditure incurred by him or any person so appointed in connection with such audit
shall be payable by the Council to the Comptroller and Auditor-General of India.
(3) Comptroller and Auditor-General of India and any person appointed by him in
connec- tion with the audit of the accounts of the Council shall have the same rights and
privileges and authority in connection with such audit as the Comptroller and AuditorGeneral of India has in connection with the audit of Government accounts and in
particular, shall have the right to demand the production of books of accounts, connected
vouchers and olhcr documents and papers and to inspect the office of the Council.
(4) The accounts of the Council as certified by the Comptroller and Auditor-General of
India or any person appointed by him in this behalf, together with the audit report
thereon, shall be forwarded annually to the Central Government.
(5) A copy of the accounts of the Council as so certified together with the audit report
thereon shall be forwarded simultaneously to the Council.)
SECTION 54: APPOINTMENT OF COMMISSION OF ENQUIRY
(1) Whenever it appears to the Central Government that the Council is not complying
with any of the provisions of this Act, the Central Government may appoint a
Commission of Enquiry consisting of three persons, two of whom shall be appointed by
the Central Government, one being the Judge of a High Court, and one by the Council;
and refer to it the matters on which the enquiry is to be made.
(2) The Commission shall proceed to enquire in a summary manner and report to the
Central Government on the matters referred to it together wilh such remedies, if any, as
the Commission may like to recommend.
(3) The Central Government may accept the report or remit the same to the Commission
for modification or reconsideration.
(4) After the report is finally accepted, the Central Government may order the Council to
adopt the remedies so recommended within such time as may be specified in the order
and if the Council fails to comply within the time so specified, the Central Government
may pass such order or take such action as may be necessary to give effect to the
recommendations of the Commission.
(5) Whenever it appears to the123[State] Government that the123[State] Council is not
complying with any of the provisions of this Act, the123[State] Government may
likewise appoint a similar Commission of Enquiry in respect of the123[State] Council to
make enquiry in like manner and pass such order or take such action as specified in subsections (3) and (4).
SECTION 55: POWERS TO MAKE RULES
(1) The124[State] Government may, by notification in the Official Gazette, make rules to
carry out the purposes of Chapters III, IV and V.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for (a) the management of the property of the124[State] Council, and the maintenance and
audit of its accounts;
(b) the manner in which elections under Chapter III shall be conducted;
(c) the summoning and holding of meetings of the124[State] Council, the times and
places at which such meetings shall be held, the conduct of business thereat and the
number of members necessary to form a quorum;
(d) the powers and duties of the President and Vice-President of the 124[State] Council;
(e) the constitution and functions of the Executive Committee, the summoning and
holding of meetings thereof, the times and places at which such meetings shall be held,
the number of members necessary to constitute a quorum;
(f) the term of office and the powers and duties of the Registrar and other officers and
servants of the124[State] Council, including the amount and nature of the security to be
given by the Treasurer.
(g) the particulars to be stated, and the proof of qualifications to be given in applications
for registration under this Act;
127[(gg) the form of application for transfer of registration from one State to another;]
128[(h) the charge for supplying printed copies of the registers, and the fees payable for (i) registration or renewal of registration;
(ii) supplying a duplicate certificate of registration or renewal; and
(iii) transfer of registration from one State to another;]
128[(i) the forms of certificates of registration and renewal;]
(j) any other matter126which is to be or may be prescribed under Chapters III, IV and V
except sub-sections (1), (2), (3) and (4) ofsection 54-.
129[(3) Every rule made by the State Government under this section shall be laid, as
soon as may be after it is made, before the State Legislature.]
Footnotes:
3. Words "except the State of Jammu and Kashmir" omitted by Dentists (Amendment) Act (42 of 1972) S.
2 (1-11-72).
4. Inserted by the Dentists (Amendment) Act, 1955 (12 of 1955),.Section 3 (15-4-1955).
5. Substituted for the words "Indian Medical Council Act, 1933" by Dentists (Amendment) Act (42 of
1972) S.3 (1-l1-72).
6. Substituted for the word "Provincial" by A.L.O. 1950.
7. Substituted by Dentists (Amendment) Act (42 of 1972) S 3 (1-11-72)
8. Cl. (m) omitted by Dentists (Amendment) Act (42 of 1972). S.3 (1-11- 72).
10. Substituted for the word 'Provincial' by A.L.O., 1950.
11. Cl. (c) substituted by Dentists (Amendment) Act (42 of 1972). S.5 (1-11-72).
12. Substituted lor the words "each Part A State and Part B State other than the State of Jammu and
Kashmir" by 3 A.L.O., 1956.
13. Words "other than the State of Jammu and Kashmir or a union territory" omitted by Dentists
(Amendment) Act (42 of 1972). S. 5 (1-11-72).
14. Explanation inserted, Words "other than the State of Jammu and Kashmir or a union territory" omitted
by Dentists (Amendment) Act (42 of 1972). S. 5 (1-11-72)..
15. Substituted for " Part C State", by 3 A.L.O., 1956.
16. Inserted by Dentists (Amendment) Act (12 of 1955), Section 4.
17. Proviso inserted by Dentists (Amendment) Act (42 of 1972), S. 6 (1-11-72).
18. Substituted for the word " Provincial" by A.L.O. 1950.
19. Substituted for words "Principal or Vice-Principal" and "a professor of dental surgery", by Dentists
(Amend- ment) Act (12 of 1972). S.6 (1-11-1972)
20. Substituted for words " If he ceases to hold his appointment as head of a college" by the Dentists
(Amendment ) Act, 1955 (12 of 1955). S.5 (15-4-1955).
21. Substituted for the words "the Medical Faculty", " If he ceases to hold his appointment as head of a
college" by the Dentists (Amendment ) Act, 1955 (12 of 1955). S.5 (15-4-1955).
22. Inserted by Dentists (Amendment) Act (42 of 1972). S.7 (1-11-72)
25. Substituted for the word 'Provincial' by A.L.O., 1950.
26. The words "of India" were omitted, Substituted for the word 'Provincial' by A.L.O., 1950.
27. Such qualification granted by the Dental Wing, Armed Forces Medical College, Poona, the Dental
College, Trivendrum and the Dental College and Hospital, lucknow and M.D.S. degrees of Bangalore and
lucknow Universities have been so recognised - See Gaz. of Ind., 1963. Pt. III, S. 4. p. 733 and Gaz. of
Ind., 1970. Pt. III. S. 4. p. 14.
28. Substituted for the word "Provincial" by A.L.O. 1950.
29. Substituted for the word 'Province' by A.L.O., 1950.
30. Substituted for the word 'Province' by A.L.O.. 1950
31. The words "of India" were omitted, Substituted for the word 'Province' by A.L.O.. 1950.
32. Substituted for words "may appoint" by the Dentists (Amendment) Act, 1955 (12 of 1955). S. 6 (16-41955).
33. Substituted for the word 'Province' by A.L.O., 1950.
34. Words 'of India' were omitted, Substituted for the word 'Province' by A.L.O., 1950.
36. Substituted for the word 'Province' by A.L.O. 1950.
37. The words "of India" were omitted, Substituted for the word 'Province' by A.L.O. 1950.
38. Words "dental or" omitted by Dentists (Amendment) Act(42 of 1972) S. 10(1-11-72).
40. Words and figure "section 10" omitted by Dentists (Amendment) Acl(42 of 1972) S. 12 ( 1-11-72).
42. Substituted for the word 'Provincial' by A.L.O., 1950.
45. Substituted for words "Inspectors and other officers and servants of the Council", by Dentists
(Amendment) Act(42 of 1972.)
49. Substituted for 'Province' or 'Provincial' by A.L.O., 1950.
50. Substituted for original clause (c) by the Dentists (Amendment) Act, 1955 (12of 1955). S. 7(16-41955).
51. Word "and" at the end of cl. (d) omitted and inserted at the end of cl.(e).cl. (f) inserted by Dentists
(Amendment) Act (42 of 1972) S. 15 (a) (b) and (c) respectively (1-1 1-1972).
52. This Proviso was inserted Word "and" at the end of cl. (d) omitted and inserted at the end of cl.(e).cl.
(f) inserted by Dentists (Amendment) Act (42 of 1972) S. 15 (a) (b) and (c) respectively (1-1 1-1972). The
original Proviso was omitted by the Dentists (Amendment) Act, 1950 (58 of 1950). S. 2 (w.e.f. 1-11.1950),
Saurashtra is in Gujarat now.
53. Inserted by 3 A.L.O., 1956.
54. Substituted for the words 'Province' or 'Provincial' by A.L.O., 1950.
55. Substituted for the word "Provinces" by A.L.O., 1950.
56. Substituted for the words 'Provincial' or 'Provinces' by A.L.O., 1950.
57. Substituted for the original clause (c) by the Dentists (Amendment) Act, 1955 (12 of 1955). S.8 (15-41955).
58. Cl. (f) inserted by Dentists (Amendment) Act (42 of 1972) S. 16(1-11-72).
59. Substituted for the word 'Provincial' by A.L.O., 1950.
60. For reconstitution of the Bombay State Dental Council with effect from 15-11-1961, see the Bombay
State Dental Council (Reconstitution and Reorganization) Order, 1961, Gaz. of Ind., 11-11-1961. Pt. II,
S.3 (i). Ext., P.531.
61. Substituted for the word 'Provincial' by A.L.O., 1950.
62. Substituted for the word 'Provincial' by A.L.O., 1950.
63. Inserted by Dentists (Amendment) Act, (42 of 1972) S. 17 (1-11-72).
64. Substituted for the words "Province" and "Provincial" by A.L.O. 1950.
65. Substituted for the words "Province" or "Provincial" by A.L.O. 1950.
66. Inserted by Dentists (Amendment) Act(42 of 1972) S. 18(1-11-72).
67. Substituted for the words "Province" or "Provincial" by A.L.O. 1950.
68. Substituted for the word 'Provincial' by A.L.O. 1950
69. Substituted for the words "Province" or "Provincial" by A.L.O. 1950.
70. Substituted for the word "Provincial" by A.L.O. 1950.
71. Substituted for the words "British subject of Indian domicile" by A.L.O.,1950.
72. Substituted for the word "Province" by Substituted for the words "British subject of Indian domicile"
by A.L.O.,1950.
73. Substituted for "the commencement of this Act" by the Dentists (Amendment) Act. l955 (12 of 1955):
S. 9 (15-4-1955).
74. Clause (b) of Proviso substituted by Dentists (Amendment) Act (42 of 1972) S. 19 (1-11-72).
77. Inserted by 3 A.L.O., 1956
78. Word 'or' inserted by Dentists (Amendment) Act(42 of 1972). S. 19 (1-11-72).
79. The words "of India" were omitted by A.L.O., 1950.
80. Substituted for "the date of the commencement of this Act" by Act 12 of 1955, S. 9 (15-4-1955).
81. Substituted for "within a period of five years after that date he passes an examination which satisfies
the requirements of the Council." Substituted for "the date of the commencement of this Act" by Act 12 of
1955, S. 9 (15-4-1955).
82. Section 34 was renumbered as sub-section (1) of that section by the Dentists (Amendment) Act, 1955
(12 of 1955). S. 10(15-4-1955).
83. Substituted for the word 'Province' by A.L.O. 1950
84. Substituted for "British subject of Indian domicile" by A.L.O., 1950.
85. Substituted for "two years before the commencement of this Act" by the Dentists (Amendment) Act,
1955 (12 of 1955). S. 10 (15-4-1955).
86. Substituted for "five years after the commencement of this Act", Substituted for "two years before the
commencement of this Act" by the Dentists (Amendment) Act, 1955 (12 of 1955). S. 10 (15-4-1955).
87. Substituted for the word 'Council' by Dentists (Amendment) Act(42 of 1972). S. 20 (1-11-72).
88. Substituted, Substituted for the word 'Council' by Dentists (Amendment) Act(42 of 1972). S. 20 (1-1172).
89. Substituted for "five years", Substituted, Substituted for the word 'Council' by Dentists (Amendment)
Act(42 of 1972). S. 20 (1-11-72).
90. Inserted, Substituted for "five years", Substituted, Substituted for the word 'Council' by Dentists
(Amendment) Act(42 of 1972). S. 20 (1-11-72).
91. Substituted for words "State Dental Council" by Dentists (Amendment) Act(42 of 1972). S. 20 (1-1172).
92. Substituted for" 1954" by the Repeating and Amendment Act, 1957 (36 of 1957). S. 3 and Sch. II (179-1957).
93. Inserted by Dentists (Amendment) Act(42 of 1972). S.20(1-11-72).
94. Words "irrespective of any considerations of reciprocity", omitted Inserted by Dentists (Amendment)
Act(42 of 1972). S.20(1-11-72).
95. Substituted for the words "Province" or "Provincial" by A.L.O. 1950.
96. Substituted for the word "Provincial" by A.L.O. 1950.
97. Substituted for the word "Provincial" by A.L.O. 1950.
98. Sub-section (3) substituted by Dentists (Amendment) Act(42 of 1972), S. 21 (1-1 1-72).
99. Substituted for the word "Provincial" by A.L.O. 1950.
100. Inserted by the Dentists (Amendment) Act, 1955 (12 of 1955), S. 11 (16-4-1955).
101. Inserted by the Dentists (Amendment) Act, 1955 (12 of 1955). S. 12 (16-4-1955)
102. Inserted by the Dentists (Amendment) Act(42 of 1972) S. 22(1-11- 72).
103. Substituted for the words "Province" of "Provincial" by A.L.O, 1950.
104. Substituted for the word 'Provincial' by A.L.O., 1950.
105. Inserted by Act 42 of 1972. S. 23 (1-11-72).
106. Substituted and deemed always to have been substituted for "two years", by the Dentists
(Amendment) Act 1950 (58 of 1950), S. 3. Section 5 of the amending Act provides that : "No
appointments held by a person as a dentist between the 29th day of March 1950 and the 30th day of May.
1950 shall be invalid merely because such appointment has been held in contravention of the provisions of
sub-section (3) of Section 46 of the said Act as originally enacted".
107. Substituted for the words "the commencement of this Act" by the Dentists (Amendment) Act, 1955
(12 of 1955). S. 13 (15-4-1955).
108. Substituted for "the State Government", Substituted for the words "the commencement of this Act" by
the Dentists (Amendment) Act, 1955 (12 of 1955). S. 13 (15-4-1955).
109. The words "in the State" were omitted, Substituted for "the State Government", Substituted for the
words "the commencement of this Act" by the Dentists (Amendment) Act, 1955 (12 of 1955). S. 13 (15-41955).
110. Substituted for the words "at the commencement of this Act", The words "in the State" were omitted,
Substituted for "the State Government", Substituted for the words "the commencement of this Act" by the
Dentists (Amendment) Act, 1955 (12 of 1955). S. 13 (15-4-1955).
111. Substituted by the word "Provincial" by A.L.O., 1950.
113. Inserted by the Dentists (Amendment) Act (12 of 1955). 114. Substituted for the word "Province" by
A.L.O. 1950.
115. Substituted and deemed always to have been substituted for the words "two years" by the Dentists
(Amend- ment) Act, 1951) (58 of 1950). Section 3. Section 6 of this amending Act provides that: "No
proceedings shall be commenced or continued against any person under sub-section (2) of section 49 of the
said Act for having contravened berween the 29th day of March 1950 and 291 h day of May. 1950 the
provisions of Slih-seclion ( I ) ot the said section as originally enacted."
116. Substituted for the words "the commencement of this Act" by the Dentists (Amendment) Act, 1955
(12 of 1955). .Section 15(15-4-1955).
117. Date so appointed in the State of Kerala is 28-2-1975-See Ker. Gaz. 28-2-75, Extra No. 108.
118. Substituted for the words "Provinces" or "Provincial" by A.L.O. 1950.
119. Inserted by Dentists (Amendment) Act (42 of 1972). S. 25 (1-11-72).
120. Substituted for the words "at the date of the commencement of the Act" by the Dentists (Amendment)
Act, 1955 ( 12 of 1955), Section 16 (16-4-1955).
121. Substituted for the word 'Provincial' by A.L.O. 1950.
123. Substituted for the word "Provincial" by A.L.O. 1950.
124. Substituted for the word "Provincial" by A.L.O. 1950
126. For Dentists (Ethical Conduct) (Maharashtra) Rules, 1965. see Maharashtra Govt. Gazette, 25-41969, Pt. IV.A, p. 292: For Kerala Dental Council Employees (Control & Appeal) Rules, 1975, see Ker
Gaz.. 11-11-1975. Pt. I No. 44. G. 1956.
127. Inserted by Dentists (Amendment) Act (42 of 1972), S. 27 (1- 11-72).
128. Cls(h) and (i) substituted, Inserted by Dentists (Amendment) Act (42 of 1972), S. 27 (1- 11-72).
129. Inserted by the Delegated Legislation (Amendment) Act, 1985 [4 of 1986). S. 2, Sch. Entry 22(2) (155-86).
DENTISTS (CODE OF ETHICS) REGULATIONS, 1976
G. S. R. 1225 dated 2nd August, 1976.—In exercise of the powers conferred by Sec.
17A of the Dentists Act, 1948 (16 of 1948), the Dental Council of India hereby makes
the following regulations for laying down standards of professional conduct and etiquette
or the code of ethics for dentists, namely :—
REGULATION 01: SHORT TITLE AND COMMENCEMENT
(1) These regulations may be called the Dentists (Code of Ethics) Regulations, 1976.
(2) They shall come into force on the date of their publication in the official Gazette.
REGULATION 02: DEFINITIONS
—In these regulations unless the context otherwise requires,—
(a) 'Act' means the Dentists Act, 1948 (16 of 1948) ;
(b) 'Council' means the Dental Council of India ;
(c) All expressions used and not defined in these regulations shall have the meanings
assigned to them in the Act.
REGULATION 03: DECLARATION
—Every dentist who has been registered (either on Part A or Part B of the State Dentists
Register) shall, within a period of thirty days from the date of commencement of these
regulations, and every dentist who gets himself registered after the commencement of
there regulations shall, within a period of thirty days from such registration, make, before
the Registrar of the State Dental Council a declaration in the form set out for the purpose
in the Schedule to these regulations and shall agree to abide by the same.
REGULATION 04: DUTIES AND OBLIGATION OF DENTISTS TOWARDS
PATIENTS AND PUBLIC
— Every dentist shall—
(a) be mindful of the high character of his omission and the responsibilities he holds in
the discharge of his professional duties and shall always remember that care of the
patient and treatment of the disease depends upon the skill and prompt attention shown
by him and always remember that his personal reputation, professional ability and
fidelity remain his best recommendations;
(b) treat the welfare of the patient as paramount to all other considerations and shall
conserve it to the utmost of his ability ;
(c) be courteous, sympathetic, friendly and helpful and to, and always ready to respond
to, the call of his patients, and that under all conditions his behaviour towards his
patients and the public shall be polite and dignified ;
(d) observe punctuality in fulfilling his appointment ;
(e) deem it a point of honour to adhere with as much uniformity as the varying
circumstances may admit, to the remuneration for professional services ;
(j) not permit consideration of religion, race, caste and creed, party politics or social
standing to intervene in his duties towards his patient ;
(g) keep all the information of a personal nature which he comes to know about a patient
directly or indirectly in the course of professional practice in utmost confidence ; and be
mindful that the auxiliary staff viz., dental hygienists and dental mechanics and other
staff employed by him also observe this rule for the reason that knowledge or
information of a patient gained during the course of examination and treatment is
privileged, and a dentist is not bound to disclose professional secrets, except with the
consent of the patient, or on being ordered to do so by a court or law.
REGULATION 05: DUTIES OF ONE DENTIST TOWARDS ANOTHER
—Every dentist shall—
(i) cherish a proper pride in his colleagues and shall not disparage them either by actions,
deeds or words ;
(ii) on no account contemplate or do anything harmful to the interest of the members of
the fraternity ;
(iii) honour mutual arrangements made regarding remuneration etc., when one dentist is
entrusted with the care of a patient of another dentist during the latter's sickness or
absence ;
(iv) retire in favour of the regular dentist after the emergency is over when a dentist is
called upon in any emergency to treat the patient of another dentist.
Note.—He shall be entitled to charge the patient for his services ;
(v) institute correct treatment at once, with the least comment, and in a manner that will
avoid any reflection on such other dentist if a dentist is consulted by a patient of another
dentist, and if the latter finds indisputable evidence that such a patient is suffering from
previous faulty treatment ;
(vi) regard it as a pleasure and privilege to render gratuitous service to another dentist,
his wife and family members, although there is no legal bar to a dentist from charging
another dentist for professional service.
REGULATION 06: UNETHICAL PRACTICES
—The following shall be the unethical practices for a dentist, namely:—
(a) employment by a dentist in his professional practice of any professional assistant (not
being a registered dental hygienist or a registered dental mechanic) whose name is not
registered in the State Dentists Register, to practice dentistry as defined in Cl. (d) of Sec.
2 of the Act ;
(b) styling by any dentist or a group of dentists his/their 'Dental clinic or Chamber/s by
the name of 'Dental Hospital/s ;
(c) any contravention of the Drugs and Cosmetics Act, 1940 (23 of 1940) and the rules
made thereunder as amended from time to time, involving an abuse of privileges
conferred thereunder upon a dentist, whether such contravention has been the subject of
criminal proceedings or not ;
(d) signing under his name and authority and certificate which is untrue, misleading or
improper, or giving false certificates or testimonials directly or indirectly concerning the
supposed virtues of secret therapeutic agents or medicines;
(e) immorality involving abuse of professional relationship ;
(f) conniving at or aiding in any kind of illegal practice ;
(g) promise of radical cure by the employment of secret method of treatment;
(h) advertising whether directly or indirectly, for the purpose of obtaining patients or
promoting his own professional advantage ;
(i) acquiescing in the publication of notice commencing or directing attention to the
practitioner's skill, knowledge, service or qualifications or of being associate with or
employed by those who procure or sanction such advertising or publication through press
reports ;
(j) employing any agent or canvasser for the purpose of obtaining patients.; or being
associated with or employed by those who procure or sanction such employment;
(k) using or exhibition of any sign, other than a sign which in its character, position, size
and wording is merely such as may reasonably be required to indicate to persons seeking
them the exact location or, and entrance to, the premises at which the dental practice is
carried on ;
(l) using of sign-boards larger than 0.9 metre by 0.6 metre and the use of such words as
'Teeth', 'Painless Extraction' or the like, or notices in regard to practices on premises
other than those in which a practice is actually carried on, or show-cases, or licensing
light signs, and the use of any sign showing any matter other than his name and
qualifications as defined under Cl. (j) of Sec. 2 of the Act ;
(m) affixing a sign-board on a Chemist's shop or in places where the dentist does not
reside or work ;
(n) insertion of any paragraphs and notice in the press and also the announcement of
names in the trading list and the display of their names or announcements at places of
public entertainments; other than the change of his address;
(o) allowing the dentist's name to be used to designate commercial articles such as tooth
paste, toots brush, tooth powder, liquid cleaners, or the like or on circulars for such
items, or permittingpublication of his opinion on any such items, in the general or lay
papers or lay journals.
(p) mentioning after dentist's name any other abbreviation except those indicating dental
qualifications as earned by him during his academic career in dentistry and which
confirm to the definition of recognised dental qualification as defined in Cl. (j) of Sec. 2
of the Act, or any other recognised academic qualifications;
(q) using of abbreviations like (i) R.D.P. for registered Dental Practitioner, (ii) M.I.D.A.
for member Indian Dental Association , (iii) F.I.C.D. for Fellow of International College
of Dentists,
(iv) M.I.C.D. for Master of International College of Dentists (v), F.A.C.D. for Fellow of
American College of Dentists, (vi) M.R.S.H. for member of Royal Society of Hygiene,
etc., etc., and the like, which are not academic qualifications.
REGULATION 07: CHANGE OF ADDRESS AND ANNOUNCEMENTS RELATING
THERETO
(1) A notice for the change of address shall be intimated to the concerned State Dental
Council.
(2) A dentist may issue a formal announcement in the Press, one insertion per paper,
regarding the following, (namely) :—
(a) on starting practice ;
(b) on change of type of practice;
(c) on changing address ;
(d) on temporary absence from duty ;
(e) on resumption to practice ;
(f) on succeeding to another practice.
REGULATION 08: ACTION FOR UNETHICAL CONDUCT
(1) When complaint or information is received by the State Dental Council that any
dentist is resorting to any unethical practice as mentioned in regulation 6, or is
committing a breach of any other of these regulations, the concerned State Dental
Council may call upon him to explain and after giving him a reasonable opportunity of
being heard and after making such enquiries, if any, as it may deem fit, decide whether
such a practice tantamount to infamous conduct in any professional respect or
contravenes any of the provisions of any other of these regulations, and then determine
the action to be taken against the dentist under Sec. 41 of the Act.
(2) As and when complaint of breach of these regulations is brought to the notice of the
Registrar of a State Dental Council, he shall take prompt action.
SCHEDULE 01: FORM OF DECLARATION
(See Regulation 3)
1 . I solemnly pledge myself to devote my life to the cause of serving humanity in the
field of dental care ;
2 . I shall not use may dental knowledge contrary to the laws of humanity ;
3 . I shall not permit consideration of religion, nationality, race, caste and creed, party
politics or social standing to intervene in my duty towards my patient and the profession;
4 . I shall look after the dental health of my health of my patient as my first
consideration;
5 . I shall honour the secrets which are confided in me by my patients during the
professional services;
6 . I shall always maintain the honour and noble traditions of the dental profession;
7 . I shall deem it an honour to cherish a proper pride in my colleagues and shall not
disparage them by my actions, deeds or words ;
8 . I shall abide by the various provisions of the Act and desist from using a
degree/diploma or an abbreviation indicating or implying a qualification, which is not is
accordance with the definition of 'recognised dental qualification' as defined under Cl. (j)
of Sec. 2 of the Act ;
9 . I shall not indulge in any activity which might bring discredit to the dental profession.
Signature Dated the Name of Dentist.............. Place Registration No.............. State
THE DENTISTS (ETHICAL CONDUCT) (MAHARASHTRA)
RULES, 1965
G. N., U. D., P. H. & H. D., No. ACT. 1363/11039-H, dated 5th April, 1966*
In exercise of the powers conferred by clause (j) of sub-section (2) of section ,55 of the Dentists
Act, 1948 (XVI of 1948), and of all other powers enabling it in that behalf, the Government of
Maharashtra hereby makes the following rules, namely :—
1. Short title—These rules may be called the Dentists (Ethical
Conduct) (Maharashtra) Rules, 1965.
....
*
2. Duties
and
obligations of
dentists towards patients
-(a) Every dentists
should
be mindful of the high character of his mission and the responsibilities he holds in the
discharge of his professional duties and should always remember that treatment of the
patient and the cure of the disease depends upon the skill and prompt attention shown by him.
(b)
He should be guided by the principle that the most worthy and effective advertisement
possible is the establishment of a reputation for professional ability and fidelity.
(c) He should treat the welfare of the patient as paramount to all other considerations and
should conserve it to the utmost of his ability.
(d)
He should be courteous, sympathetic, friendly and helpful to. and always ready to
respondent to, the call of his patients.
(e) He should observe punctuality in fulfilling his appointments.
(f) He should deem it a point of honour to adhere with as much uniformity as the
varying circumstances will admit, to the remuneration for professional services.
(g)
He should not permit considerations of religion, nationality, race, party politics or social
standing to intervene between his duties and his
patient.
(h)
He should keep all information of a personal nature which he comes to know about, or
directly from, a patient, in the course of dental
practice, in the utmost confidence.
He should be responsible to see that auxiliary staff also
observe this rule.
3 Duties of one dentist towards another—(a) Every dentist should cherish a proper pride in his
colleagues and should not disparate them either by act or word.
(b) When one dentist is entrusted
latter's
sickness
remuneration
or absence,
.with the care of a patient of another dentist during the
mutual arrangements
should
be
made
regarding
(c) A dentist called upon in any emergency to treat the patient of
another dentist should when the emergency is provided for, retire in favour of the regular
dentist but shall be entitled to charge the patient for his services.
(d)
If a dentist is consulted by a patient of another dentist, and if the former finds indisputable
evidence that such a patient is suffering from previous faulty treatment, it is his duty to institute
correct treatment at once with as little comments as possible, and in such manner, as to avoid
reflection on such other dentist.
(e) No rule debars a dentist from charging another dentist for professional service ; but
ordinarily it should be regarded as a pleasure and privilege to render gratuitous service to
another dentist, his wife and dependent children.
4. Duties to dentist to public, etc.—(a) It is incumbent upon every dentist, that under all
conditions, his bearing towards patients and the public should be characterised by a dignified
department.
(b) Knowledge or information of a patient gained in the course of examination and treatment is
privileged ; and a dentist is not bound to disclose professional secrets, and he should not disclose
any such information, except with the consent of the patient, or on being ordered so to do by a
Court of Law.
5. Unethical Practices— (1) The following acts constitute unethical practices on the part of
a dentist, namely :
(a) Employment by a dentist in his professional practice or allowing by him any assistant (not
being dental hygienist or a dental mechanic) whose name is not registered either in the Dentist's
Register or in a Medical Register, to practice dentistry as denned in clause (d) of section 2 ;
(b)
Enabling knowingly, by a dentist, by his presence, countenance, advice, assistance, or co-
operation, an unregistered person (not being students enrolled at a recognised dental institution)
whether described as an assistant or otherwise, to practise dentistry ;
(c) Styling by any dentist his dental clinic or chambers by the name of "Dental Hospital" ;
(d)
Contravention of the provisions of the Drugs Act, 1940 and the rules made thereunder
involving
an
abuse
of
privileges
conferred
thereunder
upon
a
dentist,
whether
such contravention has been the subject of criminal proceedings or not;
(e) Signing under his name and authority any certificate which is untrue, misleading or
improper.
(2) The following practices shall also be treated as unethical practices on the part of dentists,
namely :—
(a) giving of false certificates,
(b) immorality involving abuse of professional relationship,
(c) conniving at or aiding in any illegal practice by others,
(d)
giving of testimonials directly or indirectly concerning the supposed virtues of secret
therapeutic agents or medicines,
(e) promise of redical cure by the employment of secret methods of treatment.
6. Advertising and canvassing :—The following practices by any dentist are considered as
contrary to the public interest and discreditable to the profession of dentistry, namely :—
(a) advertising, whether directly or indirectly, for the purpose of obtaining patients or
promoting his own professional advantage ;
(b) acquiescing
in,
or
procuring
or
sanctioning
or
acquiescing
the publication of notices commending or directing attention to the
in
practitioner's
professional skill, knowledge, services or qualifications, or of being associated with or
employed by those who procure or sanction such advertising or publication ;
(c) employing any agent or canvasser for the purpose of obtaining patients ; or sanctioning or
being associated with or employed by those who. sanction such employments.
Explanation :—The following amongst others will be deemed to be advertising :—
(a) the use or exhibition of any sign, other than a sign which in its character, position, size and
wording
is
merely such
as
may
reasonably
be
required to indicate to persons seeking them the exact location of and entrance to the
premises at which the dental practice is carried on ;
(b) the use of sign boards larger than 0.9 m. by 0.6 m. and the use of such words as "Teeth",
"Painless Extractions" or the like, of notice in regard to practices on premises
other than those in which a practice is
of large light signs, especially
if
intermittent,
actually carried on, of show cases;
and
the
use
of
any
sign
showing any matter other than his Dame, qualifications as defined under section 2 (j) of
the Dentists Act, 1948, titles and the name of the speciality ;
(c) affixing sign board on a chemist shop or in places where he does not reside or work ;
(d) the insertion of all paragraphs and notices in the press and also the announcement of names
in the trading lists and the display of announcements at places of public entertainment,
not being announcement of a change of address ;
(e) allowing his name to be used to designate commercial articles such as tooth paste,
tooth brush, tooth powders, mouth washes, liquid cleaners or the like or on circulars for
such items; or permitting publication of his opinion on any such items in the general or lay
papers or journals ;
(f) printing of name in the telephone directory in any type other than that used for ordinary
subscribers.
7. Issuing
circulars
:—A
dentist
being,
or
having
been,
in
the
employ
of
another dentist shall not either during or after the termination of such employment send,
cause or authorise to be sent any letter, notice, circular or written communication to, or
interview,
or
cause
to
be
interviewed,
or
approach
any
person,
whom
he
(the employee) has professionally attended for or on behalf of his employer during such
employment or any other of his principal's patients notifying such person or other patients,
that he (employee) intends to leave or has left the employment of his principal or that he has
commenced or will commence practice in another location.
8. Use
of
bogus
diplomas
etc.
:—(1) A dentist shall put after his
name
only
the recognised dental qualifications as defined under section 2 (j) of the Dentists Act, 1948.
(2) He shall not insert on any sign board, visiting card, letter head, or anywhere else an indication
of his practice of any profession other than dentistry :
Provided that, dentist who is a qualified medical practitioner may insert his medical
qualifications, if any.
9. Allowing commission :—A dentist shall not pay or allow a commission or discount
to any other person or body of persons as a return for patients being sent
or recommended to him, or for dental services
rendered by him to such patients, nor shall be accept any monetary or other benefit for
recommending any proprietory or patented drugs, appliance and tooth paste, powder and the like.
10. Action
for
unethical
conduct
:—When
information
is
received by
the State Dental Council that any dentist is resorting to any unethical practice, as is
mentioned in Rule 5, or is committing a breach of any of the other rules, the Council may call
upon him to explain and after giving him a reasonable opportunity of being heard and after
making
such enquiries, if
any, as it may deem fit, decide whether this
action
is
tantamount to infamous conduct in any professional respect and then determine the action to be
taken under section 41 of the Dentists Act, 1948.
THE BOMBAY DENTISTS RULES, 1951
G.N., L.S.G. & P.H.D., No. 2338/33, dated 19th February, 1951*
In exercise of the powers conferred by section 55 of the Dentists Act, 1948 (XVI of 1948), the
Government of Bombay is pleased to make the following Rules, namely :—
1. These Rules may be called the Bombay Dentists Rules, 1951.
2. In the Rules, unless there is anything repugnant in the subject or context,—
(a) 'Act' means the Dentists Act, 1948 ;
(b)
'Appendix' means the appendix to these Rules ;
(c) 'Council' means the State Dental Council constituted by the Government of Bombay under
section 21 ;
(d)
'Form' means a form given in the Appendix ;
(e) 'Registrar' means the Registrar appointed under section 28 ;
(f) 'Section* means a section of the Act.
I. Elections of Members of the Council
3. A roll shall be maintained by the Registrar showing the names of the members of the
Council, the electorate or interest which each member represents, the date of his election or
nomination, the term of his office, the date on which any member vacated his seat and the date
on which the term of office of a member is due to expire.
4. Sixty days before the expiration of term of office of any member of the Council, the
Registrar shall invite the attention of the President of the Council and of the
authority concerned to the
necessity of
holding fresh
election or making fresh
nomination, so that the successor may be elected or nominated, as the case may be, in
due time to take his seat with effect from the day on which the term of office of the retiring
member will expire.
5. On the resignation or death of any member of the Council or the seat of any member
becoming vacant under sub-section (3) of section 27, the Registrar shall invite the attention of
the President and
the
authority
concerned
to
the
casual
vacancy
thus
caused
in order that the same may be filled up by fresh election or nomination, as the case may
be, as soon as possible.
6. In the case of nominated members, the President also shall inform the State Government of
any such vacancy, requesting them to fill the same. In the case of a member to be elected under
clause (d) of section 21, the President shall inform the State Medical Council of the vacancy
requesting the Council to fill the same.
7. In the case of members to be elected under clause (a) or (b) of section 21, the President
or any other person authorised by him in writing in this behalf shall be the Returning
Officer. The Returning Officer shall, some time not less than forty-two days, and not more
than sixty days, before the day on which the term of office of any such member expires and
as soon as conveniently may be after the occurrence of any vacancy arising from the death
or resignation of any such member or of any seat becoming vacant under sub-section (3) of
section 27, issue his precept to the electorate concerned, requiring the said electorate to elect a
member or members by a date mentioned in precept.
8. The following shall be the procedure adopted for filling up vacancies by election under
clause (a) or (b) of section 21 : —
(1) The electoral roll shall be prepared by the Registrar from the State Register. The roll
shall show the names alphabetically and separately of the dentists registered in Part A and of
those registered in Part B of the State Register.
The roll shall contain the name,
qualifications and address of every person qualified to vote for the election of a member to fill
up the vacancy or vacancies.
(2)
Candidates qualified for election shall be proposed and seconded by persons qualified as
electors.
No elector
shall propose or
second
the
nomination
of
more
persons
than are required to fill up the vacancy or vacancies.
If more nominations than
are required to
subscribed
fill
up
a
vacancy
or
vacancies
be
by
the
same
elector, all nominations subscribed by him shall be held to be void.
(3) The candidate shall sign the nomination paper declaring that he is willing to serve on the
Council, if elected. In the absence of such a declaration the nomination shall be treated as
invalid.
(4) The candidate
shall send to the Returning Officer by post
or otherwise a
nomination paper in the form approved by the Council duly signed and completed so as to
reach the Returning Officer on or before the last date appointed by the Council for the receipt
of nomination papers. The last date for receiving nominations shall not be earlier than 40
days from the date appointed for counting of votes. A nomination paper in the form approved
by
the
Council
shall be
supplied
by
the
Returning
Officer
to
any
elector
asking for the same. Any nomination paper which is not received by the Returning
Officer on or before the date appointed by the Council shall be rejected.
(5)
On she date and at the place appointed by the
the
Returning
Officer
shall scrutinize
him.
Any candidate may be present either in
representatives at the time of such scrutiny.
the
Council for scrutiny of nominations,
nomination
person
papers
or
by
received
an
by
accredited
On completion of the scrutiny of nominations and
after the expiry of the period within which candidature may be withdrawn under sub-rule (6), the
Returning Officer shall forthwith declare the names of the candidates whose nomination papers
are held valid by him.
(6)
Any candidate may withdraw his candidature by notice in writing signed by
him. Such notice shall not be valid, unless it is delivered to the Returning Officer, or sent
to him by post or otherwise and received by the Returning Officer, before the
time and the date appointed by the President for such purpose.
(7)
If in case of any election the number of candidates duly nominated does not exceed
the number required to fill up the vacancy or vacancies, the Returning Officer shall
forthwith declare all such candidates to be elected.
(8)
If at any election the number of candidates duly nominated exceeds the vacancies to be
filled up; the Returning Officer shall forthwith publish their names and addresses on the
notice-board
of
the
Council,
and in such manner as the
Officer shall further arrange
given in the Appendix,
alphabetical order.
in
the
Bombay
Council may
for
the
Such names and
direct. The
printing of
with the names
the
of
Government
the
the
instructions
voting papers
candidates
given
in
Gazette
Returning
in
Form A
entered therein in
the
voting paper
shall be printed in English, Hindi, Marathi, Gujarati and Kannada.
(9) The Returning Officer shall, not less than twenty-one days before the date appointed for
counting of votes, send by post to each elector one such voting paper signed by the Returning
Officer or bearing a facsimile stamp or heaping his seal, a smaller blank cover with the
words "Voting Paper" printed thereon and a bigger cover on which are printed on the left top
corner the serial alphabetical number of the elector and on the left lower corner the name and
the signature columns for the elector and in the centre the address of the Returning Officer as
under :—
To
The Returning Officer,
C/o The Bombay State Dental Council Office, Bombay.
(10) An elector who has not received his voting paper and other connected papers
sent by post
or whose
papers,
before
they
are
dispatched
back to the Returning Officer have been inadvertently spoiled in such manner that
they cannot be conveniently used or who has lost his papers, may on his transmitting to the
Returning Officer a declaration to that effect signed by himself require the Returning Officer to
send him duplicate papers in place of those not received, spoilt or lost and if the papers have
been spoilt, the spoilt papers shall be returned to the Returning Officer who shall cancel them on
receipt. In every case when duplicate papers are issued a record thereof shall be kept by the
Returning Officer and a mark "Duplicate" shall be placed on the bigger cover, which will bear
the same serial alphabetical number as was originally given to the said elector. The voting papers
issued in such cases shall also be marked "Duplicate".
(11) The Returning Officer shall notify in the Bombay Government Gazette and in such other
manner as the Council may direct, the date, time and place fixed by the Council for each of the
following stages of the election, namely :—
(i)
Last date for the receipt of the nomination papers,
(ii)
Date and place for scrutiny of nomination papers.
(iii)
Last hour and date for withdrawal of candidature.
(iv)
Date, time and place for counting of votes.
(12) Before such date as may be appointed by the Council for counting of votes every
elector
desirous
of
voting shall
send
his
voting
paper
to the Returning Officer and the Returning Officer shall keep the same collected in sealed
boxes :
Provided that any voting paper which is not received by the Returning Officer before 12 noon on
the date appointed for the counting of votes or which does not confirm to these rules shall be
rejected,
(13) The President and if he be unable to act, the Vice-president, shall nominate as scrutineers
such number of members of the Council not exceeding four, as he thinks fit.
(14) The Returning Officer shall attend for the purpose of counting the votes on such date
and at such time and place as may be appointed by the Council in this behalf. Any
candidate may be present in person or by an accredited representative at the counting of the
votes
(15) When the counting of the votes has been completed, the Returning Officer shall forthwith
declare the candidate or candidates as the case may be, to whom largest number of votes have
been given, to be elected and shall forthwith inform the successful candidate by letter of his
being elected on the Council.
Every candidate who is elected shall, within such period as
may be specified by the Returning Officer in the letter, signify to the Returning Officer his
acceptance of a seat on the Council.
If no such intimation is received by the Returning
Officer within the said period, the candidate shall be deemed to have accepted a seat on the
Council.
If the candidate has intimated to the Returning Officer that he does not accept a
seat on the Council, then' one of the remaining candidates to whom the next largest number of
votes have been given shall be declared to have been elected in the manner prescribed above in
the place of the candidate first elected and the same procedure shall be followed if further
vacancies are caused by the refusal of the candidate to accept a seat on the Council.
(16) When
an
equality
of
votes is
found
to
exist
between
any
candi-
dates and the addition of a vote will entitle any one or more of the candidates to be
declared elected, the determination of the person or persons to whom such one additional vote
shall be deemed to have been given shall be made by lot, to be drawn by the Returning
Officer and in such manner as the President or the person authorised by him in this
behalf may determine.
(17) Upon the completion of the counting of votes, and after the result has been declared by
him, the Returning Officer shall seal the voting papers and all other documents relating to the
election including nomination papers and covers of voting papers and shall retain the same for a
period of six months and thereafter cause them to be destroyed.
(18) The Returning Officer shall inform the President of the result of election.
(19) If any dispute arises regarding any such election, the Council shall refer such
dispute to the State Government, whose decision shall be final.
(20) The first elections to the Council shall be held by the Registrar of the
Dentists Registration Tribunal ; and for the said purposes he shall exercise the powers and
perform the duties conferred or imposed on the Council and the President and VicePresident by these rules and the preceding rules.
9. On receipt of official intimation of the election of a member, the President shall
inform the
State
Government of
the
same
for
publication
in
the
Bombay Government Gazette. The notification of the election of a member shall be read
by the Registrar and be shall then be introduced to the meeting by some member of the
Council. The above procedure shall be adopted also in the case of nominated members.
10. Subject to the provisions of
section
25,
the
President
and
the
Vice
President shall be elected at the first meeting of the newly elected Council.
11. Every meeting of the Council and the Executive Committee shall be presided over by the
President or if he be absent, by the Vice-President, and if both the President and VicePresident are absent, by such one of the members present as may be chosen by the meeting to
be the Chairman for the occasion.
II. Meetings, business, etc , of the Council
12. Unless
for
reasons of public emergency,
President be unable to act,
the
the
Vice-President
and
President
if
he
also
or
be
if
the
unable
to
act, the Executive Committee otherwise directs, the Council shall meet for ordinary
business on the second Monday
each year.
in
the
months
of
February
and
September
in
A meeting of the Council shall be held at any other time only if
called by direction of the President or in his absence or in the event of a vacancy in the
office of the President by the Executive Committee or on a written requisition signed by five
members of the Council and addressed to the President or to the Executive Committee, as the
case may be.
Such extraordinary meeting shall be convened only after 15 days* notice.
13. All meetings of the Council shall be convened by the Registrar by notice addressed to
each member stating the time and place of meeting.
14. The notice shall state the purpose of meeting whether the general business or for
any (named) special business and at any meeting which is called for transacting any special
business no other business shall be entered on except that named in the notice unless the
Council by resolution agrees to consider such business.
15. Previous to any meeting
of the Council,
the
Registrar
approval of the Executive Committee, prepare a provisional
shall,
with
programme
the
of
business for the session and shall furnish a copy thereof to each member of the
Council not less than ten days before the day of the first meeting and at the same
time forward to all members of the Council copies of the documents and evidence in any
case for disciplinary action which is to be brought before the Council during that session.
16. Any notice of motion to be insetted in the programme of business for the first day of the
session shall be sent to the Registrar at least 15 clear days before the beginning of the session.
17. When the President has taken the Chair at any meeting the roll of the members shall
be called and any member not present before the minutes of the previous meeting are
confirmed shall be deemed to be absent.
18. Eight members of whom the President may be one shall constitute a quorum for any
meeting of the Council.
19. No member after taking his place, shall leave the meeting without permission from
the President.
20. The President shall be the Chairman of all Committees of the Council.
21. Before the commencement of any meeting of the Council, the President, in consultation
with tine Registrar, shall prepare the programme of business containing the subjects to be
brought forward and the notices of motion given by members and the programme shall be
prepared and distributed to all members of the Council.
22. All motions of amendments proposed to be moved at any meeting shall be in
writing and shall be signed by the mover and seconder, and before they are discussed by
other members, shall be read from the Chair or by the Registrar under the authority of the
Chair. All formal amendments shall be framed so that they may be read as independent
motions.
23. The mover shall have the right to speech before any motion or amendment is seconded.
24. Any motion standing over from the previous day shall take precedence of new matter
unless the Council otherwise determines.
25. No motion or amendment shall be withdrawn after having been read from the Chair or by
the authority of the Chair unless by permission of the Council.
26. The seconder of a motion may reserve his speech to any period of the debate ; but only the
proposer shall have the right of final reply.
27. If an amendment be proposed, it shall be disposed of before any other amendment is
moved.
28. The amendment shall first be put to the vote ; and if it be negatived a second amendment
may be moved and shall be disposed of in the same way as the first amendment, and so
on, until no future amendment is proposed.
29.
If all amendments be negatived, the original motion shall then be put to the vote.
30. If any amendment be carried, the original motion so amended shall be regarded as a
substantive motion to which further amendments may be moved and when there are no
further amendments the motion so amended shall be put to the vote.
31. In all cases where a division has taken place, any member of the Council may require that
the names of the numbers or both the names and the numbers of the majority, of the minority
of those who decline to vote, and of those who are absent, be entered in the minutes.
32. When a motion is under debate, no further proposal shall be received except one of the
following : —
(i) An amendment namely, "That the motion be amended as follows....."
(ii) The postponement of the question, namely, "That the consideration of the motion be
postponed."
(Hi) The adjournment of the debate, namely, "That the debate on the motion be now adjourned."
(iv) The adjournment of the Council, namely, "That the Council do now adjourn."
(v) The closure of the debate, namely, "That the Council do now proceed to vote on the motion."
(vi) The previous question as to the motion, namely, ''That the Council, instead of proceeding to
deal with the motion, do pass to the next item on the programme of business."
33. When an amendment is under debate, no further proposal shall be received except one of
the following :—
(i) The adjournment of the debate on the amendment, namely, "That the debate on the
amendment be now adjourned."
(ii) The adjournment of the Council, namely, "That the Council do now adjourn."
(iii) The closure of the debate on the amendment, namely, "That the Council do now proceed to
vote on the amendment."
(iv) The previous question as to the amendment, namely, *That the Council, instead of
proceeding to deal with the amendment do resume the debate on the motion originally proposed."
34. The proposal for the postponement of the question sine die may be made or may specify a
date for the further consideration of the question.
35. If the proposal for the adjournment of the debate be carried, the Council, shall pass to the
next item on the programme of business and the debate shall be resumed at the next
ordinary meeting of the Council. The proposer of the adjournment motion shall on the
resumption of the debate be entitled to speak first.
36. If the proposal for the adjournment of the Council be carried the question under debate
shall be dropped from the programme of business.
37. On the proposal for the adjournment of the Council being made and seconded it shall be
competent for the President or Chairman, before putting the question, to take the opinion of
the Council as to whether it will, before rising proceed to the transaction of unopposed
business.
38. The proposal for the closure shall be made, and seconded without debate and shall unless
the President or Chairman shall rule otherwise, be put forthwith.
If the proposal be carried,
the motion or amendment under debate shall be at once voted on by the Council.
39. The proposal for the previous question referred to in clause (vi) of rule 32 shall be made
and seconded without debate and shall be put forthwith. If the proposal be carried,
the motion or amendment to which it applies shall be dropped from the programme of
business.
40. The President may at his discretion obtain the votes of members of the Council on any
particular question by circular after having placed before them all the facts and information
relating to the same and obtaining their views thereon such question being decided by
a majority of votes and a minute regarding it being added to the minutes of the Council.
41. The minutes of each meeting shall be read at the following meeting for the approval of the
members and shall be confirmed by the President or Chairman after a resolution to that effect is
passed thereat.
42. The proceedings of the meetings of the Council shall be preserved in the form of printed
minutes after confirmation by the signature of the President. The printed minutes
shall include the agenda, the papers connected with the cases of enquiries by the
Council under section 41 and in the case of other items only the Registrar's note and
the decision of the Executive Committee and the Council on each item.
43. The minutes of each meeting shall contain such motions and amendments as have been
proposed and adopted or negatived with the names of the proposer and seconder,
but without any comment or observation of the members annexed thereto.
44. After the close of any session of the Council, a printed copy of the confirmed minutes of
such session shall be sent to each member.
45. The minutes of the meeting of the Executive Committee shall be printed uniformly with
those of the Council and copies thereof sent to each member of the Council.
The printed
minutes shall include only the agenda the Registrar's note and the decision of the Executive
Committee on each of the items.
46. The full minutes of the Council after final revision in accordance with rule 42 shall be kept
in order that, as soon as convenient after the sessions, they may be made up in sheets
and consecutively paged for insertion in the yearly volume.
III.
Constitution and functions and meetings, etc., of the Executive Committee.
47. The Executive Committee shall consist of the President, and Vice-President ex-officio, and
seven members of the Council elected by ballot at the first meeting of the Council.
48. The Executive Committee shall ordinarily meet once every month on such date as may be
fixed by the President.
49. For a meeting of the Executive Committee four members including the President and the
Vice-President shall be a quorum.
50. If any member of the Executive Committee is absent from two consecutive ordinary
meetings of the Committee, without leave of the Committee or from all meetings of
the Committee during the period of three months, he shall be deemed to have vacated his
seat on the Committee.
51. The Executive Committee shall keep minutes of their proceedings which shall be dealt with
according to the same procedure as that indicated in the foregoing rule for the minutes of the
Council.
52. The Executive Committee shall superintend the publication of the State register of dentists
in two Parts, A and B, which shall be prepared by the Registrar. The Registrar shall cause it
to be printed after entering therein annually a statement of the distribution of the copies of
the register to Government Officers as required by the State Government and the Dental Council
of India as required by section 18 (2) and to others as may be directed by the Executive
Committee.
53. The Executive Committee shall order each year such number of copies of the dentists
register to be printed as will appear necessary from the report of the Registrar on a revision of the
annual distribution list.
54. The Executive Committee shall consider and prepare reports upon any subjects that
may seem to require the attention of the Council and such reports shall be printed and circulated
among the members of the Council at least ten days before the meeting of the Council.
55. The Executive Committee shall also prepare reports on such subjects as may be
referred to them by the Council at its sittings or by the President at other times.
The Reports
when finally approved by the Committee shall be presented to the Council.
56. The Executive Committee shall, before each meeting of the Council, prepare the
business for the consideration of the Council.
57. The printing of the yearly volumes of the minutes shall be under the direction of the
Executive Committee.
58. All petitions presented to the Council shall be referred to the Executive Committee to
be examined and reported upon before being considered by the Council.
59. Subject to the provisions of the preceding rule, all petitions addressed to the Council
immediately before or during the sessions of the Council shall be laid upon the table.
IV. Registration
60. The register of dentists shall be maintained in accordance with the provisions of section
31 in Form B.
61. The names of dentists shall be entered in the register in the order in which the
applications for registration are admitted and sufficient space shall be left for further additions
to or alterations in the qualifications and address of each entry.
62. Each page of the register shall be verified and signed by the Registrar.
63. (1) After the registration of every dentist under the Act, and after each renewal of such
registration, the Registrar shall grant such dentist a certificate in Form C.
(2) In the event of a certificate issued under sub-rule (1) being lost or destroyed the holder may at
any time during which such certificate is in force apply to the Registrar for a fresh certificate and
the Registrar may if he thinks fit on satisfactory proof as to the identity of the applicant, grant
such certificate on payment of a fee of Rs. 5. A certificate issued under this sub-rule shall be
marked "duplicate".
64. (1) Every person entitled under section 34 to be registered under the Act and desiring to
have himself so registered shall apply to the Registrar in Form D properly filled in and
signed.
Every such application shall be accompanied by the fee prescribed in that behalf in
Rule 73.
(2) Where the application under sub-rule (1) is for registration under clause (ii) of section 34, the
applicant shall state in the application whether he has passed the examination referred to in that
clause as one of his qualifications for registration.
*[64-A. The application for registration under clause (b) of sub-section (1) of section 33-A shall
be made in Form DD, and shall be accompanied by a fee of rupees fifteen, laid down in Rule 73
for the first registration in the register]
65. (1)
After the direction is issued by the State Government under sub-section (1) of
Section 39, the name of every person registered, under the Act, shall subject to the
provisions
contained
in
the
Act
as
to
the
removal of names from the register, remain entered therein and the registration of such
person shall hold good for the period ending on the 31st day of December of
the year following the year in which his name is first entered in the register.
{2) Any person desiring to continue his registration shall submit to the Registrar an application
before 1st of April of the year to which it relates and shall forward with such application the fee
prescribed in that behalf in Rule 73 *and after the renewal of his registration, the Registar shall
issue to such persons a certificate of renewal in Form C-3.]
(3) When a renewal fee is not paid before the due date, the Registrar shall remove the name of
the defaulter from the register : Provided that a name so removed may be restored to the register
under sub-section (2) of Section 39 on payment of renewal fee and additional fee as penalty as
prescribed in that behalf in Rule 73.
66. An application for registration of an additional qualification shall be made in Form E and
shall be accompanied by the fee prescribed in this behalf in Rule 73.
67. Any appeal to the Council against the refusal of the Registrar to register or to alter any
entry in the register, shall be in the form of a memorandum and state the grounds on
which registration is claimed and furnish the names of the qualifications and the dates on
which they were obtained. On receipt of such appeal the Council may before deciding refer the
same to the Executive Committee for enquiry and report.
68. Certified copies of entries in the register in the following form may be issued to any one on
payment
of
the
fee
prescribed
in
that
behalf
in
Rule
73
:-