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Act No. of Year: ACT NO. 16 OF 1948 1
Enactment Date: [29th March, 1948.]
Act
Objective: 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
ACT YEAR NO:
194816
Section Text:
CHAPTER I
INTRODUCTORY
1. Short title and extend.(1) This Act may be called the Dentists
Act, 1948.
(2) It extends to the whole of India
2* * *.
2.Interpretation.In this Act,
Unless there is anything repugnant in the subject or context,-
(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
instruction 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;
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1The Act has been amended in:-
West Bengal by
West Bengal Act 26 of 1959, Madras by Madras A.0. 1961 and Orissa by
Orissa Act 20 of 1972.
The Act has been extended
to:-
Dadra and Nagar Haveli by Regulation 6 of
1963, s. 2 and First Sch. Goa, Daman and Diu by Regulation 11 of
1963, s. 3 and Sch. and comes into force in Pondicherry with
modification by Regulation 7 of 1963, s. 3 and First Sch. (w.e.f.
1-10-1963).
2 The words "except the State of
Jammu and Kashmir" omitted by Act 42 of 1972, s. 2 (w.e.f.
1-11-1972).
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(ii) the giving of any anaesthetic 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 fitting, 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 of the Indian Medical Degrees Act, 1916 (7 of 1916), or
specified in the Schedules to the 1[Indian Medical Council Act, 1956
(102 of 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 any
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 ;
3[(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 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;
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1Subs. by Act 42 of 1972, s. 3, for "Indian Medical Council Act,
1933" (w.e.f. 1-11-1972).
2Ins. by Act 12 of
1955, s. 3.
3Subs. by Act 42 of 1972, s. 3, for
cl. (j) (w.e.f. 1-11-1972).
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2[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.]
CHAPTER II
DENTAL COUNCIL OF
INDIA
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 each
State register;
(b) one member elected from
amongst themselves by the members of the Medical Council of India;
3[4[(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;
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1 Cl. (m) omitted by Act 42 of 1972, s. 3 (w.e.f. 1-11-1972).
2 Ins. by s. 4, ibid. (w.e.f. 1-11-1972).
3 Subs. by Act 12 of 1955, s. 4, for cls. (c), (d) and (e).
4 Subs. by Act 42 of 1972, s. 5, for cl. (c) (w.e.f.
1-11-1972).
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(e) one member to represent
1[each State 2* * *] nominated by the Government of each such State
from among persons registered either in a medical register or a
dental register of the State;]
3[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 a 4[Union territory] and
at least two shall be dentists registered in Part B of a State
register;
5(g) the Director General of Health
Services, ex officio;]
Provided that
pending the preparation of registers the 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 the State or Central Government may, by notification in
the Official Gazette, specify.
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.
5.Mode of election. 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.
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:
6[Provided that a member
nominated under clause (e) or clause (of) section 3, shall hold
office during the pleasure of the authority nominating him.]
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1 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "each
Part A State and Part B State other than the State of Jammu and
Kashmir".
2 Certain words omitted by Act 42 of
1972, s. 5 (w.e.f. 1-11- 1972).
3 Ins. by s. 5,
ibid. (w.e.f. 1-11-1972).
4 Subs. by the
Adaptation of Laws (No. 3) Order, 1956, for "Part C State".
5 Ins. by Act 12 of 1955, s. 4.
6 Added
by Act 42 of 1972, s. 6 (w.e.f. 1-11-1972).
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(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 in a
State register, if his name is removed from such register, or if he
has been elected under clause (c) of section 3 1[if he ceases to
hold his appointment as the 2[Principal, Dean, Director or
Vice-Principal] of a dental college, or as 3[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 or 4[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.
7.President and
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
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1 Subs. by Act 12 of 1955, s. 5, for "if he ceases to hold his
appointment as head of a college".
2 Subs. by Act
42 of 1972, s. 6, for "Principal or Vice-Principal" (w.e.f.
1-11-1972).
3 Subs. by s. 6, ibid., for "a
professor of Dental Surgery" (w.e.f. 1-11-1972).
4 Subs. by Act 12 of 1955, s, 5, for "the Medical Faculty".
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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.
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.
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 officio 1[and the Director-General of Health
Services ex officio] and five other members elected by the Council.
(3) The President and Vice-President of the Council shall
be Chairman and Vice-Chairman, respectively, of the Executive
Committee.
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1 Ins. by Act 42 of 1972, s. 7 (w.e.f. 1-11-1972).
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(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[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 q |