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DENTISTS ACT

Ministry of Law and Justice

Act nº 16 of 1948


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Schedules
  • Act nº 16 of 1948

Preamble

THE DENTISTS ACT, 1948

[Act, No. 16 of 1948]

[29th March, 1948]

PREAMBLE

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 :

Chapter I

Section 1. Short title and extent

(1) This Act may be called the Dentists Act, 1948.

(2) It extends to the whole of India1[******].

1. Words "except the State of Jammu and Kashmir" omitted by Dentists (Amdt.) Act (42 of 1972) Section. 2 (1-11-72).


Section 2. 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;

(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 disease, 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 anaethelic 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 operation 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 under section 3 of the Indian Medical Degrees Act, 1916, or specified in the Schedules to the1[Indian Medical Council Act, 1956],2[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 any3[State] Medical Register by whatever name called;

(g) "prescribed" means prescribed by rules or regulations made under this Act;

(h) "State Council" means a State Dental Council constituted under section 21, and includes a Joint State Council constituted in accordance with an agreement under section 22;

(i) "register" means a register maintained under this Act;

4(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 under section 11:

(l) "registered dentist", "registered dental hygienist" and "registered denial 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.

5[(m) * * *]

1. Substituted for the words "Indian Medical Council Act. 1933" by Dentists (Amdt.) Act (42 of 1972) Section .3 (1-11-72).

2. Inserted by the Dentists (Amdt.) Act. 1955 (12 of 1955). Section 3 (15-4-1955).

3. Substituted for the word "Provincial" by A.L.O.1950.

4. Substituted by Demists (Amdt.) Act (42 of 1972) Section 3 (1-11-72)

5. Clouse. (m) omitted by Dentists (Amdt.) Act (42 of 1972), Section .3 (1-11- 72).


Section 2A. Construction or references to laws not in force in Jammu and Kashmir

1[2A. Construction or 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.]

1. Section 2A inserted by Dentists (Amdt.) Act (42 of 1972). Section .4 (1-11-72).


Chapter II

Section 3. 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 dental qualification elected by the dentists -registered in Part A of each1[State] register;

(b) one member elected from amongst themselves by the members of the Medical Council of India;

2[(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 recognised 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 represent3[each State4[*********] nominated by the Government of each such State from among persons registered either in a medical register or a dental register of the State;]

5[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 a1[Union territory] and at least two shall be dentists registered in Part Bof a6[State] Register;

7[(g) the Director General of Health Services, ex officio:]

Provided that pending the preparation of registers the1[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 (1) out of persons who are eligible for registration in the respective registers and such persons shall hold office for such period as the6[State] or Central Government may, by notification in the Official Gazette, specify.

1. Substituted for " Part C State", by 3 A.L.O., 1956.

2.Cl. (c) substituted by Dentists (Amdt.) Act (42 of 1972), Section .5 (1-11-72).

3.Substituted for the words "each Part A State and Part BState other than the State of Jammu and Kashmir" by 3 A.L.O., 1956.

4.Words "other than the State of Jammu and Kashmir or a union territory" omitted by Dentists (Amdt.) Act (42 of 1972). Section .5 (1-11-72).

5.Explanation inserted, by Dentists (Amdt.) Act (42 of 1972). Section .5 (1-11-72).

6.Substituted for the word 'Provincial' by A.L.O., 1950.

7.Inserted by Dentists (Amdt.) Act (12 of 1955). Section 4.


Section 4. 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 5. 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 6. 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.

1[Provided that a member nominated under clause (e) or clause (f) of section 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 in2[State] register, if his name is removed from such register, or if he has been elected under cl. (c) of section 33[ if he ceases to hold his appointment as the4[Principal, Dean, Director or Vice-Prin­cipal] of a dental college, or as2[the Head of the dental Wing] of a medical college], or if he has been elected under clause (b) or(d) of section 3, if he ceases to be a member of the Medical Council of India or5[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 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 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.

1.Proviso inserted by Dentists (Amdt.) Act (42 of 1972), S. 6 (1-11-72).

2.Substituted for the word 'Provincial' by A.L.O., 1950.

3.Substituted for words " If he ceases to hold his appointment as head of a college" by the Dentists (Amdt.) Act, 1955 (12 of 1955). S:5"(l5-4-1955).

4.Substituted for words "Principal or Vice-Principal" and "a professor of dental surgery", by Dentists (Amdt.) Act (12 of 1972), S.6 (1-11-1972)

5.Substituted for the words "the Medical Faculty", by the Dentists (Amdt.) Act, 1955 (12 of 1955). S:5"(l5-4-1955).


Section 7. President and Vice-President of Council X

(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 in section 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 re-election.

Section 8. 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 to 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 9. 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 officio1[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 Vice-Chairman 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.

1. Inserted by Dentists (Amdt.) Act (42 of 1972). Section .7 (1-11-72)


Section 10. Recognition of dental qualifications

1[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 grunted 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 the Schedule so as to include therein the dental qualification so recognised.

(5) The Council may enter into negotiations with any authority or institution 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 after 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 date.]

1. Substituted by Dentists (Amdt.) Act (42 of 1972), Section .8 (1-11-72).


Section 10A. Permission for establishment of new dental college, new courses of study etc.

1[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 post-graduate course of study or training) which would enable a student of such course or framing 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 new or 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 (ruining)in an authority or institution granting recognised dental 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 to 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 to such scheme, as if such scheme has been submitted 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 in section 16A and the regulations made under sub-section (1) of section 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 time-limit 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 time-limit 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 study 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.

1. Inserted by the Demists (Amdt.) Act. 1993 (30 of 1993). Section. 2 (w.r.e.f. 27-8-1992).