The National Dental Commission Act, 2023
The National Dental Commission Act, 2023
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EXTRAORDINARY
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PART II — Section 1
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PUBLISHED BY AUTHORITY
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No. 24] NEW DELHI, FRIDAY, AUGUST 11, 2023/SRAVANA 20, 1945 (SAKA)
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Separate paging is given to this Part in order that it may be filed as a separate compilation.
(m) "Ethics and Dental Registration Board" means the Board constituted under
section 16;
(n) "Fund" means the National Dental Commission Fund referred to in
sub-section (1) of section 39;
(o) "leader" means the Head of a Department or the Head of an Institute or
organisation;
(p) "licence" means a licence to practice dentistry granted under
sub-section (1) of section 31;
(q) "Member" means a Member of the Commission appointed under section 4
and includes the Chairperson thereof, or, as the case may be, a Member of the
Autonomous Board referred to in section 17 and includes the President thereof;
(r) "National Register" means the National Register for Dentists or the National
Register for Dental Auxiliaries, as the case may be, maintained by the Ethics and
Dental Registration Board under section 30;
(s) "notification" means a notification published in the Official Gazette and the
expression "notify" shall be construed accordingly;
(t) "prescribed" means prescribed by rules made under this Act;
(u) "President" means the President of an Autonomous Board appointed under
section 18;
(v) "recognised dental qualification" means a dental qualification recognised
under section 33 or section 34 or section 35, as the case may be;
(w) "regulations" means the regulations made by the Commission under this
Act;
(x) "registered professional" means any dentist or dental auxiliary who is
registered in the National Register or the State Register under section 30;
(y) "Schedule" means the Schedule to this Act;
(z) "State Dental Council" means a dental council constituted under any law for
the time being in force in any State or Union territory for regulating the practice and
registration of practitioners of dentistry in that State or Union territory and includes
a Joint Dental Council referred to in sub-section (7) of section 29;
(za) "State Register" means the State Register for Dentists or the State Register
for Dental Auxiliaries, as the case may be, maintained under any law for the time being
in force in any State or Union territory for registration of dentists or dental auxiliaries,
as the case may be;
(zb) "Under-Graduate and Post-Graduate Dental Education Board" means the
Board constituted under section 16;
(zc) "University" shall have the same meaning as assigned to it in clause (f) of
3 of 1956. section 2 of the University Grants Commission Act, 1956 and includes a health
University.
CHAPTER II
NATIONAL DENTAL COMMISSION
3. (1) The Central Government shall, by notification in the Official Gazette, with Constitution
effect from such date as it may appoint, constitute a Commission, to be known as the of National
Dental
National Dental Commission, to exercise the powers conferred upon, and to perform Commission.
the functions assigned to it, under this Act.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(2) The Commission shall be a body corporate by the name aforesaid, having
perpetual succession and a common seal, with power, subject to the provisions of
this Act, to acquire, hold and dispose of property, both movable and immovable, and
to contract, and shall, by the said name, sue or be sued.
(3) The head office of the Commission shall be at New Delhi.
Composition 4. (1) The Commission shall consist of the following persons to be appointed by the
of Central Government, namely:—
Commission.
(a) a Chairperson;
(b) eight ex officio Members; and
(c) twenty-four part-time Members.
(2) The Chairperson shall be a dentist of outstanding ability, proven administrative
capacity and integrity, possessing a postgraduate degree in dentistry from any University
or institutes of national importance and having experience of not less than twenty years in
the field of dentistry, out of which at least ten years shall be as a leader in the area of dental
education.
(3) The following persons shall be the ex officio Members of the Commission,
namely:—
(a) the President of the Under-Graduate and Post-Graduate Dental Education
Board;
(b) the President of the Dental Assessment and Rating Board;
(c) the President of the Ethics and Dental Registration Board;
(d) the Director General of Health Services, Directorate General of Health
Services, New Delhi;
(e) Chief of the Centre for Dental Education and Research, All India Institute of
Medical Sciences, New Delhi;
(f) Head of the Oral Health Sciences Centre, Postgraduate Institute of Medical
Education and Research, Chandigarh;
(g) one person, not below the rank of Joint Secretary to the Government of
India, to represent the Ministry of Health and Family Welfare, to be nominated by that
Ministry;
(h) the Chairperson, National Medical Commission or nominee from that
Commission.
(4) The following persons shall be appointed as part-time Members of the Commission,
namely:—
(a) three Members, to be appointed from amongst persons of ability, integrity
and standing, who have special knowledge and professional experience in such areas
including management, law, medical ethics, health research, consumer or patient rights
advocacy, science and technology and economics, in such manner as may be
prescribed, for a term of four years;
(b) ten Members to be appointed on rotational basis from amongst the nominees
of the States and Union territories under clauses (c) and (d) of sub-section (2) of
section 11 in the Dental Advisory Council, in such manner as may be prescribed, for
a term of two years;
(c) nine members to be appointed on rotational basis from amongst the nominees
of the States and Union territories under clause (e) of sub-section (2) of section 11 in
the Dental Advisory Council, in such manner as may be prescribed, for a term of two
years;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
(d) two dental faculties, from any Central or State or Autonomous Government
Institutes, doing exemplary work in the field of dental education, to be nominated by
the Central Government, in such manner as may be prescribed, for a term of four
years.
5. (1) The Central Government shall appoint— Search-cum-
Selection
(i) the Chairperson referred to in sub-section (2) of section 4; Committee
for
(ii) part-time Members referred to in clause (a) of sub-section (4) of section 4; appointment
of
(iii) the Secretary referred to in section 8; and Chairperson
and Members.
(iv) the President and Members of Autonomous Boards referred to in section 16,
on the recommendation of a Search-cum-Selection Committee consisting of—
(a) the Cabinet Secretary—Chairperson;
(b) three experts, possessing outstanding qualifications and experience of not
less than twenty-five years in the field of dental education, public health education
and health research, to be nominated by the Central Government, in such manner as
may be prescribed—Members;
(c) one person, possessing outstanding qualifications and experience of not
less than twenty-five years in the field of management or law or economics or science
and technology, to be nominated by the Central Government, in such manner as may
be prescribed—Member;
(d) the Secretary to the Government of India in charge of the Ministry of Health
and Family Welfare, to be the Convener—Member.
(2) The Central Government shall, within one month from the date of occurrence of
any vacancy, including by reason of death, resignation or removal, of the Chairperson or
Member or Secretary of the Commission or the President or Member of the Autonomous
Board, as the case may be, or within three months before the end of tenure of such person,
make a reference to the Search-cum-Selection Committee for filling up of the vacancy.
(3) The Search-cum-Selection Committee shall recommend a panel of at least three
names for every vacancy referred to it.
(4) The Search-cum-Selection Committee shall, before recommending any person for
appointment as the Chairperson or Member or Secretary, satisfy itself that such person
does not have any financial or other interest which is likely to affect prejudicially his
functions as such Chairperson or Member or Secretary.
(5) No appointment of the Chairperson or Member or Secretary of the Commission or
the President or Member of the Autonomous Board, as the case may be, shall be invalid
merely by reason of any vacancy or absence of a Member in the Search-cum-Selection
Committee.
(6) Subject to the provisions of sub-sections (2) to (5), the Search-cum-Selection
Committee may regulate its own procedure.
6. (1) The Chairperson appointed under sub-section (2) of section 4, and Member of Term of
the Commission appointed or nominated under clauses (a) and (d) of sub-section (4) of office and
conditions of
section 4 shall not be eligible for any extension of term beyond four years or for reappointment service of
and such person shall cease to hold office after attaining the age of seventy years. Chairperson
and Members.
(2) The term of office of an ex officio Member shall continue as long as he holds the
office by virtue of which he is such Member.
(3) Where a Member, other than an ex officio Member, is absent from three consecutive
ordinary meetings of the Commission and the cause of such absence is not attributable to
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
any valid reason in the opinion of the Commission, such Member shall be deemed to have
vacated the seat.
(4) The salaries and allowances payable to, and other terms and conditions of service
of, the Chairperson and Members appointed or nominated under clauses (a) and (d) of
sub-section (4) of section 4, other than an ex officio Member, shall be such as may be prescribed.
(5) The Chairperson or a Member or Secretary of the Commission may,—
(a) relinquish his office by giving in writing to the Central Government a notice
of not less than three months; or
(b) be removed from his office in accordance with the provisions of section 7:
Provided that such person may be relieved from duties earlier than three months or be
allowed to continue beyond three months until a successor is appointed, if the Central
Government so decides.
(6) The Chairperson and every Member of the Commission shall make declaration of
his assets and liabilities at the time of entering upon his office and at the time of demitting
his office and also declare his professional and commercial engagement or involvement in
such form and manner as may be prescribed, and such declaration shall be published on the
website of the Commission.
(7) The Chairperson or a Member appointed or nominated under clauses (a) and (d) of
sub-section (4) of section 4 or the Secretary, ceasing to hold office as such, shall not accept,
for a period of two years from the date of demitting such office, any employment, in any
capacity, including as a consultant or an expert, in any private dental institution, whose
matter has been dealt with by such person, directly or indirectly:
Provided that nothing herein shall be construed as preventing such person from
accepting an employment in a body or institution, including dental institution, controlled or
maintained by the Central Government or a State Government:
Provided further that nothing herein shall prevent the Central Government from
permitting the Chairperson or Member or Secretary of the Commission to accept any
employment in any capacity, including as a consultant or expert in any private dental
institution whose matter has been dealt with by such Chairperson or Member or Secretary.
Removal of 7. (1) The Central Government may, by order, remove from office the Chairperson or
Chairperson any other Member, who—
and Member
of (a) has been adjudged an insolvent; or
Commission.
(b) has been convicted of an offence which, in the opinion of the Central
Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) has acquired such financial or other interest as is likely to affect prejudicially
his functions as a Member; or
(f) has so abused his position as to render his continuance in office prejudicial
to public interest.
(2) No Member shall be removed under clauses (e) and (f) of sub-section (1) unless he
has been given a reasonable opportunity of being heard in the matter.
Appointment 8. (1) There shall be a Secretariat for the Commission to be headed by a Secretary, to
of Secretary, be appointed by the Central Government in accordance with the provisions of section 5.
experts,
professionals, (2) The Secretary of the Commission shall be a person of proven administrative
officers and
capacity and integrity, possessing such qualifications and experience as may be prescribed.
other
employees of (3) The Secretary shall be appointed by the Central Government for a term of four
Commission.
years and shall not be eligible for any extension or reappointment.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
(4) The Secretary shall also be the Member Secretary of each of the Autonomous
Boards constituted under section 16.
(5) The Secretary shall discharge such functions of the Commission, and of each of
the Autonomous Boards constituted under section 16, as may be specified by regulations.
(6) The Commission may, for the efficient discharge of its functions under this Act,
appoint such officers and other employees of the Commission, other than Secretary, as it
considers necessary, against the posts created by the Central Government on the
recommendation of the Commission.
(7) The salaries and allowances payable to, and other terms and conditions of service
of the Secretary, officers and other employees of the Commission shall be such as may be
prescribed.
(8) The Commission may engage, in accordance with the procedure specified by
regulations, such number of experts, consultants and professionals of integrity and
outstanding ability, who have special knowledge and experience in such fields, including
dental education, public health, management, health economics, quality assurance, patient
advocacy, health research, science and technology, administration, finance, accounts and
law, as it deems necessary, to assist the Commission in the discharge of its functions under
this Act:
Provided that the Commission may, to facilitate global mobility and employability of
registered professionals, invite such number of experts and domain specialists from a
foreign country, as it deems necessary, who have special knowledge of dental curriculum,
practical training and pattern of examination including licentiate examination of that country,
to the meetings of the Commission, in such manner as may be specified by regulations.
9. (1) The Commission shall meet at least once every quarter at such time and place as Meetings,
may be appointed by the Chairperson. etc., of
Commission.
(2) The Chairperson shall preside at the meeting of the Commission and if, for any
reason, the Chairperson is unable to attend the meeting of the Commission, any other
Member, being the President of an Autonomous Board, nominated by the Chairperson,
shall preside at the meeting.
(3) Unless the procedure to be followed at the meetings of the Commission is otherwise
provided by regulations, one-half of the total number of Members of the Commission
including the Chairperson shall constitute the quorum and all the acts of the Commission
shall be decided by a majority of the members present and voting and in the event of
equality of votes, the Chairperson, or in his absence, the President of the Autonomous
Board nominated under sub-section (2), shall have the casting vote.
(4) The general superintendence, direction and control of the administration of the
Commission shall vest in the Chairperson.
(5) No act done by the Commission shall be questioned on the ground of the existence
of a vacancy in, or a defect in the constitution of, the Commission.
10. (1) The Commission shall, for ensuring coordinated and integrated development Powers and
of education and maintenance of the standards of delivery of services, take all such steps, functions of
Commission.
as it may think fit, and revise the same periodically, as may be specified by regulations.
(2) The Commission shall perform the following functions, namely:—
(a) lay down policies and regulate standards for the governance of dental
education, examination and training and make necessary regulations in this behalf;
(b) promote adoption of additional degrees or diplomas, higher qualifications,
including certification courses and development of soft skills for advancement of
career of the dentists and dental auxiliaries;
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(c) regulate dental institutions, dental researches, dentists and dental auxiliaries
and make necessary regulations in this behalf;
(d) ensure that all admissions to undergraduate dental course, namely, Bachelor
of Dental Surgery in all dental institutions which are governed by the provisions of
this Act or any other law for the time being in force, shall be through National
Eligibility-cum-Entrance Test conducted under section 14 of the National Medical
Commission Act, 2019; 30 of 2019.
CHAPTER III
DENTAL ADVISORY COUNCIL
11. (1) The Central Government shall constitute an advisory body to be known as the Constitution
Dental Advisory Council. and
composition
(2) The Council shall consist of a Chairperson and the following members, namely:— of Dental
Advisory
(a) the Chairperson of the Commission shall be the ex officio Chairperson of the Council.
Council;
(b) every ex officio member of the Commission appointed under sub-section (3)
of section 4, and the part-time members appointed under clauses (a) and (d) of
sub-section (4) of that section, shall be the ex officio members of the Council;
(c) one member to represent each State, who is the Dean or Principal of a
Government Dental College in that State, to be nominated by that State Government:
Provided that the term of office of the member shall continue as long as he
holds the post by virtue of which he has been nominated, subject to a maximum of
four years;
(d) one member to represent each Union territory, who is the Dean or Principal
of a Government Dental College in that Union territory, to be nominated by the Ministry
of Home Affairs in the Government of India:
Provided that the term of office of the member shall continue as long as he
holds the post by virtue of which he has been nominated, subject to a maximum of
four years:
Provided further that if there is no Government Dental College in any State or
Union territory, the State Government or in case of a Union territory, the Ministry of
Home Affairs shall nominate a member possessing such dental qualifications and
experience, as may be prescribed;
(e) one member to represent each State and each Union territory from amongst
the members of the State Dental Council, to be nominated by that State Dental Council
for a term of four years and shall not be eligible for any extension or reappointment:
Provided that if such member ceases to be a member of the State Dental Council
before the completion of his four year term, then, he shall cease to be a member of the
Dental Advisory Council as well, and in such an eventuality, the State Dental Council
shall nominate another member to represent that State or Union territory, as the case
may be, for the remaining term of office of the member in whose place he is so
nominated;
(f) the Chairman, University Grants Commission;
(g) the Director, National Assessment and Accreditation Council;
(h) three members to be nominated by the Central Government from amongst
persons holding the post of Director in the institutions of national importance or
Vice-Chancellor in the Universities;
(i) Director General of Indian Council for Medical Research or his nominee not
below the rank of Scientist 'H';
(j) Director General Dental Services, Army Dental Corps or nominee.
12. (1) The Council shall be the primary platform through which the States and Union Functions of
territories may put forth their views and concerns before the Commission and help in Dental
Advisory
shaping the overall agenda, policy and action relating to dental education and training.
Council.
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(2) The Council shall advise the Commission on measures to determine and maintain,
and to coordinate maintenance of, the minimum standards in all matters relating to dental
education, training and research.
(3) The Council shall advise the Commission on measures to enhance equitable
access to dental education and uniform system of examination.
Meetings of 13. (1) The Council shall meet at least once a year at such time and place as may be
Dental decided by the Chairperson.
Advisory
Council. (2) The Chairperson shall preside at the meeting of the Council and if for any reason
the Chairperson is unable to attend a meeting of the Council, such other member as nominated
by the Chairperson shall preside over the meeting.
(3) Unless the procedure is otherwise provided by regulations, fifty per cent. of the
members of the Council including the Chairperson shall form the quorum and all acts of the
Council shall be decided by a majority of the members present and voting.
CHAPTER IV
NATIONAL EXAMINATION
National 14. (1) All admissions to the undergraduate course of Bachelor of Dental Surgery in
Eligibility-cum- all dental institutions which are governed by the provisions of this Act or any other law for
Entrance Test.
the time being in force shall be through National Eligibility-cum-Entrance Test conducted
under section 14 of the National Medical Commission Act, 2019. 30 of 2019.
(2) Till such time as the National Exit Test (Dental) becomes operational under
section 15, all admissions to the postgraduate courses of Master of Dental Surgery in all
dental institutions which are governed by the provisions of this Act or any other law for the
time being in force shall be through National Eligibility-cum-Entrance Test (MDS) to be
conducted by the designated authority appointed by the Central Government.
(3) The Commission shall specify by regulations the manner of conducting common
counselling by the designated authority for admission to undergraduate and postgraduate
seats in all the dental institutions which are governed by the provisions of this Act:
Provided that the designated authority appointed or nominated by the Central
Government shall conduct the common counselling for all India seats and the designated
authority of the State Government shall conduct the common counselling for the seats at
the State level.
CHAPTER V
NATIONAL EXIT TEST (DENTAL)
National Exit 15. (1) A common final year undergraduate dental examination, to be known as the
Test (Dental). 'National Exit Test (Dental)' shall be held for granting licence to practice dentistry as dentists
and for enrolment in the State Register or the National Register, as the case may be.
(2) The Commission shall conduct the National Exit Test (Dental) through such
designated authority and in such manner as may be specified by regulations.
(3) The National Exit Test (Dental) shall become operational on such date, within
three years from the date of commencement of this Act, as may be appointed by the Central
Government, by notification.
(4) Any person with a foreign dental qualification shall have to qualify National Exit
Test (Dental) for the purpose of obtaining licence to practice dentistry as dentist and for
enrolment in the State Register or the National Register, as the case may be, in such manner
as may be specified by regulations.
(5) The National Exit Test (Dental) shall be the basis for admission to the postgraduate
dental education in dental institutions which are governed under the provisions of this Act
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11
or under any other law for the time being in force and shall be done in such manner as may
be specified by regulations.
(6) The Commission shall specify by regulations the manner of conducting common
counselling by the designated authority for admission to the postgraduate seats in the
dental institutions referred to in sub-section (5).
(7) The designated authority of the Central Government shall conduct the common
counselling for All India seats and the designated authority of the State Government shall
conduct the common counselling for the seats at the State level.
CHAPTER VI
AUTONOMOUS BOARDS
16. (1) The Central Government shall, by notification, constitute the following Constitution
Autonomous Boards, under the overall supervision of the Commission, to perform the of
Autonomous
functions assigned to such Boards under this Act, namely:— Boards.
(a) the Under-Graduate and Post-Graduate Dental Education Board;
(b) the Dental Assessment and Rating Board; and
(c) the Ethics and Dental Registration Board.
(2) Every Autonomous Board shall carry out its functions under this Act in such
manner as may be specified by regulations.
17. (1) Every Autonomous Board shall consist of a President, not more than two Composition
whole-time Members and not more than two part-time Members. of
Autonomous
(2) The President of each Autonomous Board, two whole-time Members and one Boards.
part-time Member of the Under-Graduate and Post-Graduate Dental Education Board, and
one whole-time Member and one part-time Member of the Dental Assessment and Rating
Board and of the Ethics and Dental Registration Board, shall be persons of outstanding
ability, proven administrative capacity and integrity, possessing a postgraduate degree in
any discipline of dentistry from any University and having hands-on clinical experience of
not less than fifteen years, out of which at least seven years shall be as a leader in the area
of dental education.
(3) The second whole-time Member of the Dental Assessment and Rating Board shall
be a person of outstanding ability and integrity, possessing a postgraduate degree in any
of the disciplines of management, quality assurance, law or science and technology from
any University, having experience of not less than fifteen years in such field, out of which
at least seven years shall be as a leader.
(4) The second whole-time Member of the Ethics and Dental Registration Board shall
be a person of outstanding ability who has demonstrated public record of work on dental or
medical ethics or a person of outstanding ability possessing a postgraduate degree in any
of the disciplines of quality assurance, public health, law or patient advocacy from any
University and having experience of not less than fifteen years in such field, out of which at
least seven years shall be as a leader.
(5) The second part-time Member of the Under-Graduate and Post-Graduate Dental
Education Board, the Dental Assessment and Rating Board and the Ethics and Dental
Registration Board shall be chosen from amongst the Members appointed under clause (c)
of sub-section (4) of section 4 in such manner as may be prescribed.
18. The Central Government shall appoint the President and Members of the Search-cum-
Autonomous Boards, except Members referred to in sub-section (5) of section 17, on the Selection
Committee for
recommendations made by the Search-cum-Selection Committee constituted under section 5
appointment
in accordance with the procedure specified in that section. of President
and Members.
12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Term of office 19. (1) The President and Members (other than part-time Members) of each
and conditions Autonomous Board shall hold the office for a term not exceeding four years and shall not be
of service of
eligible for any extension or reappointment:
President and
Members. Provided that part-time Members of each Autonomous Board shall hold the office for
a term of two years:
Provided further that the President or a Member shall cease to hold office after attaining
the age of seventy years.
(2) The salaries and allowances payable to, and other terms and conditions of service
of the President and Members (other than part-time Members) of an Autonomous Board
shall be such as may be prescribed:
Provided that part-time Members of each Autonomous Board shall be entitled for
such allowances as may be prescribed.
(3) The provisions of sub-sections (3), (5), (6) and (7) of section 6 relating to other
terms and conditions of service of, and section 7 relating to removal from the office of, the
Chairperson and Members of the Commission shall also be applicable to the President and
Members of the Autonomous Boards.
Advisory 20. (1) Each Autonomous Board, except the Ethics and Dental Registration Board,
committees of shall be assisted by such advisory committees of experts as may be constituted by the
experts.
Commission for the efficient discharge of the functions of such Boards under this Act:
Provided that the advisory committee for the Under-Graduate and Post-Graduate
Dental Education Board shall also have at least one member from amongst personnel of
each category of the dental auxiliaries to be nominated by the Chairperson of the Commission,
in such manner as may be specified by regulations.
(2) The Ethics and Dental Registration Board shall be assisted by such ethics
committees of experts as may be constituted by the Commission for the efficient discharge
of the functions of that Board under this Act.
Staff of 21. The experts, consultants, professionals, officers and other employees appointed
Autonomous under section 8 shall be made available to the Autonomous Boards in such number, and in
Boards.
such manner, as may be specified by regulations by the Commission:
Provided that the experts and domain specialists from foreign countries invited by
the Commission under sub-section (8) of section 8 shall also be made available to the
Autonomous Boards in such number and manner, as may be specified by regulations.
Meetings, 22. (1) Every Autonomous Board shall meet at least once every month, or earlier, as
etc., of the case may be, at such time and place as it may appoint.
Autonomous
Boards.
(2) All decisions of the Autonomous Boards shall be made by majority of votes of the
President and Members.
(3) Subject to the provisions of section 28, a person who is aggrieved by any decision
of an Autonomous Board may prefer an appeal to the Commission against such decision
within thirty days of the communication of such decision; and the Commission shall, after
giving an opportunity of being heard, dispose of the appeal within a period of sixty days
from the date of such appeal:
Provided that the President of the concerned Board shall not attend proceedings of
the hearing of the appeal made against the decision of his Board.
Powers of 23. (1) The President of each Autonomous Board shall have such administrative and
Autonomous financial powers as may be delegated to it by the Commission to enable such Board to
Boards and
delegation of
function efficiently.
powers.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13
(2) The President of an Autonomous Board may further delegate any of his powers to
a Member or an officer of that Board, and such person shall exercise his powers subject to
the general control, supervision and direction of the President.
24. (1) The Under-Graduate and Post-Graduate Dental Education Board shall perform Powers and
the following functions, namely: — functions of
Under-
(a) determine minimum requirements and standards of dental education at Graduate and
undergraduate level and postgraduate level for dentists and dental auxiliaries in Post-Graduate
Dental
accordance with the regulations made under this Act, and oversee all aspects relating Education
thereto; Board.
(b) develop competency based dynamic curriculum at undergraduate level and
postgraduate level for dentists and dental auxiliaries for addressing the needs of
basic dental care services, including public dentistry and community dental care, in
accordance with the provisions of regulations made under this Act with a view to
develop appropriate skill, knowledge, attitude, values and ethics to provide dental
care, impart dental education and conduct dental research;
(c) frame guidelines for setting up of dental institutions for imparting
undergraduate courses and postgraduate courses for dentists and dental auxiliaries,
having regard to the needs of the country and the global norms, in accordance with
the regulations made under this Act;
(d) determine the minimum requirements and standards for conducting courses
and examinations at undergraduate level and postgraduate level for dentists and
dental auxiliaries in dental institutions, having regard to the needs of creativity at
local levels, including designing of some courses by individual institutions, in
accordance with provisions of the regulations made under this Act;
(e) determine standards and norms for infrastructure, faculty and quality of
education in dental institutions providing undergraduate and postgraduate dental
education for dentists and dental auxiliaries in accordance with provisions of the
regulations made under this Act;
(f) facilitate development and training of faculty members teaching undergraduate
courses for dentists and dental auxiliaries;
(g) facilitate research and the international student and faculty exchange
programme relating to undergraduate and postgraduate dental education;
(h) specify norms for compulsory annual disclosures, electronically or otherwise,
by dental institutions, in respect of their functions which have a bearing on the
interest of all stakeholders, including students, faculty, State Dental Councils, Joint
Dental Council, the Commission and the Central Government;
(i) grant recognition to a dental qualification at the undergraduate level and
postgraduate level for dentists and dental auxiliaries.
(2) The Under-Graduate and Post-Graduate Dental Education Board shall, in the
discharge of its duties, make such recommendations to, and seek such directions from, the
Commission, as it deems necessary.
25. (1) The Dental Assessment and Rating Board shall perform the following functions, Powers and
namely:— functions of
Dental
(a) determine the procedure for assessing and rating the dental institutions for Assessment
their compliance with the standards laid down by the Under-Graduate and and Rating
Board.
Post-Graduate Dental Education Board in accordance with the regulations made under
this Act;
(b) grant permission for establishment of a new dental institution, or to start
any postgraduate course or to increase number of seats, in accordance with the
provisions of section 28;
14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
case where such State Dental Council has been conferred power to take disciplinary
actions in respect of professional or ethical misconduct by dentists under respective
State Acts;
(c) approve or reject the application for registration or suspend or cancel
registration or licence granted to dentists and dental auxiliaries on grounds of
professional and ethical misconduct;
(d) develop mechanisms to have continuous interaction with State Dental
Councils to effectively promote and regulate the conduct of dentists and professionals;
(e) exercise appellate jurisdiction under sub-section (5) of section 29 with respect
to the actions taken by a State Dental Council.
(2) The Ethics and Dental Registration Board shall, in the discharge of its duties,
make such recommendations to, and seek such directions from, the Commission, as it
deems necessary.
27. (1) No person shall establish a new dental college or start any postgraduate Permission
course or increase number of seats without obtaining prior permission of the Dental for
establishment
Assessment and Rating Board: of new dental
Provided that the Dental Assessment and Rating Board shall consult the college or to
start
Under-Graduate and Post-Graduate Dental Education Board before approving or postgraduate
disapproving such permission. course or to
increase
(2) For the purposes of obtaining permission under sub-section (1), a person may number of
submit a scheme to the Dental Assessment and Rating Board in such form, containing such seats.
particulars, accompanied by such fee, and in such manner, as may be specified by regulations.
(3) The Dental Assessment and Rating Board shall, having due regard to the criteria
specified in section 28, consider the scheme received under sub-section (2) and either
approve or disapprove such scheme within a period of six months from the date of such
receipt:
Provided that the Dental Assessment and Rating Board shall consult the
Under-Graduate and Post-Graduate Dental Education Board before approving such scheme:
Provided further that before disapproving the scheme, an opportunity to rectify the
defects, if any, shall be given to the person concerned.
(4) Where a scheme is approved under sub-section (3), such approval shall be the
permission under sub-section (1) to establish new dental college or to start any postgraduate
course or to increase number of seats, as the case may be.
(5) Where a scheme is disapproved under sub-section (3), or where no decision is
taken within six months of submitting a scheme under sub-section (1), the person concerned
may prefer an appeal to the Commission for approval of the scheme within fifteen days of
such disapproval or, as the case may be, lapse of six months, in such manner as may be
specified by regulations.
(6) The Commission shall decide the appeal received under sub-section (5) within a
period of sixty days from the date of receipt of the appeal and in case the Commission
approves the scheme, such approval shall be the permission under sub-section (1) to
establish a new dental college or to start any postgraduate course or to increase number of
seats, as the case may be, and in case the Commission disapproves the Scheme, or fails to
give its decision within the specified period, the person concerned may prefer a second
appeal to the Central Government within thirty days of communication of such disapproval
or, as the case may be, lapse of specified period.
(7) The Dental Assessment and Rating Board may conduct evaluation and assessment
of any dental institution at any time, either directly or through any other expert having
16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
integrity and experience in dental profession, without any prior notice and assess and
evaluate the performance, standards and benchmarks of such dental institution.
Explanation.—For the purposes of this section, the term "person" includes a
University, trust or any other association of persons or body of individuals, but does not
include the Central Government.
Criteria for 28. While approving or disapproving a scheme under section 27, the Dental
approving or Assessment and Rating Board, or the Commission, as the case may be, shall take into
disapproving
scheme.
consideration the following criteria, namely:—
(a) adequacy of financial resources;
(b) whether adequate academic faculty and other necessary facilities have been
provided to ensure proper functioning of dental college or undertaken to be provided
within the time-limit specified in the scheme;
(c) whether adequate hospital facilities have been provided or undertaken to be
provided within the time-limit specified in the scheme;
(d) such other factors as may be specified by regulations.
CHAPTER VII
STATE DENTAL COUNCIL OR JOINT DENTAL COUNCIL
State Dental 29. (1) The State Government shall, within one year of the commencement of this Act,
Council or take necessary steps to establish a State Dental Council having the following composition,
Joint Dental
Council.
namely:—
(a) a dentist of outstanding ability, proven administrative capacity and integrity
and possessing a postgraduate degree in any discipline of dentistry from any
University or institute of national importance with experience of not less than twenty
years in the field of dentistry, out of which at least ten years shall be as a leader, to be
appointed by the State Government—Chairperson;
(b) one representative of the department of medical education or health
services in the State Government not below the rank of Additional Director—
Member, ex officio;
(c) four persons to be elected by dentists registered in the State Register from
among themselves, in such manner as may be prescribed by the State Government—
Members;
(d) two persons, having experience of not less than ten years in any field of
dentistry from any Government Dental College in that State, to be nominated by the
State Government—Members:
Provided that if the State does not have a Government Dental College, the State
Government may nominate one of the senior-most dentist with minimum of ten years'
service in any Government hospital or in the dental department of a Government
Medical College;
(e) two persons having experience of not less than ten years in any field of
dentistry from any recognised private dental college in the State, to be nominated by
the State Government—Members:
Provided that if the State does not have a private dental college, the State
Government may nominate one of the senior-most dentist with minimum of ten years'
service in any private hospital or in the dental department of a private medical college;
(f) two persons of eminence having experience of not less than ten years in any
field of dentistry, to be nominated by the State Government—Members.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17
(2) The State Dental Council shall be a body corporate by the name aforesaid, having
perpetual succession and a common seal, with power to acquire, hold and dispose of
property, both movable and immovable, and to contract and shall by the same name sue or
be sued.
(3) The Chairperson of the State Dental Council and Members elected or nominated
under clauses (c), (d), (e) and (f) of sub-section (1) shall hold office for a term not exceeding
four years from the date on which they enter upon their office and shall not be eligible for
extension or reappointment:
Provided that such person shall cease to hold office after attaining the age of seventy
years.
(4) Where a State Act confers power upon the State Dental Council to take disciplinary
actions in respect of any professional or ethical misconduct by a registered dentist or
professional, the State Dental Council shall act in accordance with the regulations made,
and the guidelines framed, under this Act:
Provided that till such time as a State Dental Council is established in a State, the
Ethics and Dental Registration Board shall receive the complaints and grievances relating
to any professional or ethical misconduct against a registered dentist or professional in that
State in accordance with such procedure as may be specified by regulations:
Provided further that the Ethics and Dental Registration Board or the State Dental
Council, as the case may be, shall give an opportunity of being heard to the dentist or
professional concerned before taking any action, including imposition of any monetary
penalty against such person.
(5) A registered professional or any other person who is aggrieved by any action
taken by a State Dental Council under sub-section (4) may prefer an appeal to the Ethics
and Dental Registration Board within sixty days against such action, and the Ethics and
Dental Registration Board shall decide on the appeal within a period of sixty days and the
decision, if any, of the Ethics and Dental Registration Board thereupon shall be binding on
the State Dental Council, unless a second appeal is preferred under sub-section (6).
(6) A registered professional or any other person who is aggrieved by the decision of
the Ethics and Dental Registration Board may prefer an appeal to the Commission within
sixty days of communication of such decision and the Commission shall dispose of such
appeal within a period of ninety days from the date of that appeal.
(7) Notwithstanding anything to the contrary contained in this section, two or more
States Governments may enter into an agreement to constitute a Joint Dental Council with
representation of the participating States, not exceeding the composition specified in
sub-section (1), to be in force for such period and subject to renewal for such further period,
as may be specified in the agreement.
Explanation.—For the purposes of this Act,—
(a) "State" includes Union territory and the expressions "State Government"
and "State Dental Council", in relation to a Union territory, shall respectively mean
the "Central Government" and "Union Territory Dental Council";
(b) the expression "professional or ethical misconduct" includes any act of
commission or omission as may be specified by regulations.
CHAPTER VIII
NATIONAL REGISTER AND STATE REGISTER
30. (1) The Ethics and Dental Registration Board shall maintain an online and live National
National Register for Dentists containing the name, address, all recognised qualifications Register and
State Register.
possessed by a licensed dentist and such other particulars as may be specified by
regulations.
18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(2) The Ethics and Dental Registration Board shall also maintain a separate online and
live National Register for each category of dental auxiliaries, containing the name, address,
recognised qualifications possessed by the dental auxiliaries and such other particulars as
may be specified by regulations.
(3) The National Register referred to in sub-sections (1) and (2) shall be maintained in
such form, including in electronic or digital form and in such manner as may be specified by
regulations.
(4) The manner in which a name or qualification may be added to, or removed from, the
National Register and the grounds for removal thereof, shall be such as may be specified by
regulations.
(5) The National Register shall be a public document within the meaning of section 74
of the Indian Evidence Act, 1872. 1 of 1872.
(6) The National Register shall be made available to the public in form of a digital
portal accessible on the website of the Ethics and Dental Registration Board in such manner
and form as may be specified by regulations.
(7) Every State Dental Council shall maintain and regularly update the State Register
for Dentists and the State Register for dental auxiliaries in the specified electronic format
and supply a physical copy of the same to the Ethics and Dental Registration Board within
three months of the commencement of this Act.
(8) The Ethics and Dental Registration Board shall ensure electronic synchronisation
of the National Register and the State Registers in such manner that any change in one
register is automatically reflected in the other register.
Rights of 31. (1) Any person who qualifies the National Exit Test (Dental) held under section 15
persons to shall be granted a licence to practice dentistry and shall have his name and qualifications
have licence to
practice and to
enrolled in the National Register or a State Register, as the case may be:
be enrolled in
Provided that a person who has been registered in the Indian Dental Register
National
Register or maintained under the Dentists Act, 1948 prior to the coming into force of this Act and before 16 of 1948.
State Register the National Exit Test (Dental) becomes operational under sub-section (3) of section 15,
and their shall be deemed to have been registered under this Act and be enrolled in the National
obligations
Register maintained under this Act.
thereto.
(2) No person who has obtained dental qualification from a dental institution
established in any country outside India and is recognised as a dentist in that country,
shall, after the commencement of this Act and the National Exit Test (Dental) becomes
operational under sub-section (3) of section 15, be enrolled in the National Register unless
he qualifies the National Exit Test (Dental).
(3) When a person whose name is entered in the State Register or the National
Register, as the case may be, obtains any title, diploma or other qualification for proficiency
in sciences or public health or dentistry which is a recognised dental qualification under
section 33 or section 34 or section 35, as the case may be, he shall be entitled to have such
title, diploma or qualification entered against his name in the State Register or the National
Register, as the case may be, in such manner as may be specified by regulations.
Bar to 32. (1) No person other than a person who is enrolled in the State Register or the
practice. National Register, as the case may be, shall—
(a) be allowed to practice dentistry as a qualified dentist;
(b) hold office as a dentist or any other office, by whatever name called, which
is meant to be held by a dentist;
(c) be entitled to sign or authenticate a medical or fitness certificate or any other
certificate relating to dentistry, required by any law to be signed or authenticated by
a duly qualified dentist;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19
(d) be entitled to give evidence at any inquest or in any court of law as an expert
1 of 1872. under section 45 of the Indian Evidence Act, 1872 on any matter relating to dentistry:
Provided that a foreign citizen who is enrolled in his country as a dentist in accordance
with the law regulating the registration of dentists in that country may be permitted temporary
registration in India for such period and in such manner as may be specified by regulations.
(2) Any person who contravenes any of the provisions of this section shall be punished
with imprisonment for a term which may extend to one year, or with fine which may extend
to five lakh rupees or with both.
CHAPTER IX
RECOGNITION OF DENTAL QUALIFICATIONS
33. (1) The dental qualification granted by any University or dental institution in Recognition
India shall be listed and maintained by the Under-Graduate and Post-Graduate Dental of dental
qualifications
Education Board in such manner as may be specified by regulations and such dental granted by
qualification shall be a recognised dental qualification for the purposes of this Act. Universities
or dental
(2) Any University or dental institution in India which grants an undergraduate or institutions in
postgraduate dental qualification not included in the list maintained by the Under-Graduate India.
and Post-Graduate Dental Education Board shall apply to that Board for granting recognition
to such qualification.
(3) The Under-Graduate and Post-Graduate Dental Education Board shall examine the
application for grant of recognition to a dental qualification within a period of six months in
such manner as may be specified by regulations.
(4) Where the Under-Graduate and Post-Graduate Dental Education Board decides
to grant recognition to a dental qualification, it shall include such dental qualification in the
list maintained by it and also specify the date of effect of such recognition.
(5) Where the Under-Graduate and Post-Graduate Dental Education Board decides
not to grant recognition to a dental qualification, the University or the dental institution
concerned may prefer an appeal to the Commission for grant of recognition within sixty
days of the communication of such decision, in such manner as may be specified by
regulations.
(6) The Commission shall examine the appeal received under sub-section (5) within
sixty days from the date of filing of appeal and after giving an opportunity of being heard,
pass such orders, as it thinks fit.
(7) Where the Commission decides not to grant recognition to the dental qualification
or fails to take a decision within the specified period, the University or the dental institution
concerned may prefer a second appeal to the Central Government within thirty days of the
communication of such decision or lapse of the specified period, as the case may be.
(8) All dental qualifications which have been recognised before the date of
commencement of this Act and are included in Part I and Part II of the Schedule to the
16 of 1948. Dentists Act, 1948, shall also be recognised dental qualifications for the purposes of this
Act, and shall be listed and maintained by the Under-Graduate and Post-Graduate Dental
Education Board in such manner as may be specified by regulations.
34. (1) Any primary dental qualification or higher dental qualification which is Recognition of
recognised for enrolment as a dentist in a foreign country shall, in respect of a person who dental
qualifications
qualifies the National Exit Test (Dental) for primary dental qualification, or the Screening granted by
Test for higher dental qualification, be deemed to be a recognised dental qualification for dental
the purposes of this Act. institutions
outside India.
(2) The Commission shall, for the purposes of sub-section (1), conduct Screening
Test for higher dental qualification through such designated authority, and in such manner,
as may be specified by regulations.
20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(3) All dental qualifications which have been recognised before the date of
commencement of this Act and are included in Part III of the Schedule to the Dentists
Act, 1948, shall also be recognised dental qualifications for the purposes of this Act, and 16 of 1948.
shall be listed and maintained by the Commission in such manner as may be specified by
regulations.
Recognition 35. (1) The dental qualifications granted by any statutory or other dental body in
of dental India which are covered by the categories listed in the Schedule shall be recognised dental
qualifications
granted by
qualifications for the purposes of this Act.
statutory or (2) The Central Government may, on the recommendation of the Commission, and
other body in
India. having regard to the objects of this Act, by notification, add to, or, as the case may be, omit
from, the Schedule any categories of dental qualifications granted by a statutory or other
body in India and on such addition, or as the case may be, omission, the dental qualifications
granted by such statutory or other body in India shall be, or shall cease to be, recognised
dental qualifications for the purposes of this Act.
Withdrawal of 36. (1) Where, upon receiving the recommendation from the Dental Assessment and
recognition Rating Board under section 25, or otherwise, if the Commission is of the opinion that—
granted to
dental (a) the courses of study and examination to be undergone in, or the proficiency
qualification required from candidates at any examination held by, a University or dental institution
granted by
dental do not conform to the standards specified by the Under-Graduate and Post-Graduate
institutions in Dental Education Board; or
India.
(b) the standards and norms for infrastructure, faculty and quality of education
in dental institution as determined by the Under-Graduate and Post-Graduate Dental
Education Board are not adhered to by any University or dental institution, and such
University or dental institution has failed to take necessary corrective action to
maintain specified minimum standards,
the Commission may initiate action in accordance with the provisions of sub-section (2):
Provided that the Commission shall, before taking any action for suo motu withdrawal
of recognition granted to the dental qualification awarded by a University or dental institution,
impose penalty in accordance with the provisions of clause (f) of sub-section (1) of section 25.
(2) The Commission shall, after making such further inquiry as it deems fit, and after
holding consultations with the concerned State Government and the authority of the
concerned University or dental institution, comes to the conclusion that the recognition
granted to a dental qualification ought to be withdrawn, it may, by order, withdraw recognition
granted to such dental qualification and direct the Under-Graduate and Post-Graduate
Dental Education Board to amend the entries against the University or dental institution
concerned in the list maintained by that Board to the effect that the recognition granted to
such dental qualification is withdrawn with effect from the date specified in that order.
De-recognition 37. Where, after verification with the authority in any country outside India, the
of dental Commission is of the opinion that a recognised dental qualification granted by dental
qualifications
granted by
institutions outside India which is included in the list maintained by it is to be de-recognised,
dental it may, by order, de-recognise such dental qualification and remove it from the list maintained
institutions by the Commission with effect from the date of such order.
outside India.
CHAPTER X
GRANTS, ACCOUNTS AND AUDIT
Grants by 38. The Central Government may, after due appropriation made by Parliament by law
Central in this behalf, make to the Commission grants of such sums of money as the Central
Government.
Government may think fit.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21
39. (1) There shall be constituted a fund to be called "the National Dental Commission National
Fund" which shall form part of the public account of India and there shall be credited Dental
Commission
thereto— Fund.
(a) all fees, penalties and charges received by the Commission and the
Autonomous Boards;
(b) all sums received by the Commission from such other sources as may be
decided by it.
(2) The Fund shall be applied for making payment towards—
(a) the salaries and allowances payable to the Chairperson, Members appointed
or nominated under clauses (a) and (d) of sub-section (4) of section 4 and the Secretary
of the Commission, the Presidents and Members of the Autonomous Boards and the
administrative expenses including the salaries and allowances payable to the officers
and other employees of the Commission and Autonomous Boards;
(b) the expenses incurred in carrying out the provisions of this Act, including in
connection with the discharge of the functions of the Commission and the
Autonomous Boards.
40. (1) The Commission shall maintain proper accounts and other relevant records Audit and
and prepare an annual statement of accounts in such form as may be prescribed, in accounts.
consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Commission shall be audited by the Comptroller and
Auditor-General of India at such intervals as may be specified by him and any expenditure
incurred in connection with such audit shall be payable by the Commission to the Comptroller
and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other persons appointed
by him in connection with the audit of the accounts of the Commission shall have the same
rights and privileges and authority in connection with such audit as the Comptroller and
Auditor-General generally has in connection with the audit of Government accounts and in
particular, shall have the right to demand the production of, and complete access to, records,
books, accounts, connected vouchers and other documents and papers and to inspect the
office of the Commission.
(4) The accounts of the Commission as certified by the Comptroller and Auditor-General
of India or any other person appointed by him in this behalf, together with the audit report
thereon, shall be forwarded annually by the Commission to the Central Government which
shall cause the same to be laid, as soon as may be after it is received, before each House of
Parliament.
41. (1) The Commission shall furnish to the Central Government, at such time, in such Furnishing of
form and in such manner, as may be prescribed or as the Central Government may direct, returns and
reports to
such reports and statements, containing such particulars in regard to any matter under the Central
jurisdiction of the Commission, as the Central Government may, from time to time, require. Government.
(2) The Commission shall prepare, once every year, in such form and at such time as
may be prescribed, an annual report, giving a summary of its activities during the previous
year and copies of the report shall be forwarded to the Central Government.
(3) A copy of the report received under sub-section (2) shall be laid by the Central
Government, as soon as may be after it is received, before each House of Parliament.
CHAPTER XI
MISCELLANEOUS
42. (1) Without prejudice to the foregoing provisions of this Act, the Commission and Power of
Central
the Autonomous Boards shall, in exercise of their powers and discharge of their functions
Government to
under this Act, be bound by such directions on questions of policy as the Central Government give directions
may give in writing to them from time to time: to Commission
and
Autonomous
Boards.
22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Provided that the Commission and the Autonomous Boards shall, as far as practicable,
be given an opportunity to express their views before any direction is given under this
sub-section.
(2) The decision of the Central Government as to whether a question is one of policy
or not shall be final.
Power of 43. (1) The Central Government may give such directions on questions of policy, as
Central it may deem necessary, to a State Government for carrying out all or any of the provisions
Government to
give directions of this Act and the State Government shall comply with such directions.
to State
Governments. (2) The decision of the Central Government as to whether a question is one of policy
or not shall be final.
Information to 44. (1) The Commission shall furnish such reports, copies of its minutes, abstracts of
be furnished by its accounts, and other information to the Central Government as that Government may
Commission
and publication
require.
thereof.
(2) The Central Government may publish, in such manner as it may think fit, the
reports, minutes, abstracts of accounts and other information furnished to it under
sub-section (1).
Obligation of 45. Every University and dental institution governed under this Act shall maintain a
Universities website at all times and display on its website all such information as may be required by the
and dental
institutions.
Commission or an Autonomous Board, as the case may be.
Completion 46. (1) Notwithstanding anything contained in this Act, any student who was studying
of courses of for a degree, diploma or certificate in any dental institution immediately before the
studies in
dental
commencement of this Act shall continue to so study and complete his course for such
institutions. degree, diploma or certificate, and such institution shall continue to provide instructions
and examination for such student in accordance with the syllabus and studies as existed
before such commencement, and such student shall be deemed to have completed his
course of study under this Act and shall be awarded degree, diploma or certificate under
this Act.
Joint sittings 47. The Commission shall, at least once a year, hold a meeting with the National
of Commission Medical Commission, the Pharmacy Council of India, the Indian Nursing Council, National
with relevant
Commission for Indian System of Medicine, the National Commission for Homoeopathy
regulatory
bodies. and the National Commission for Allied and Healthcare Professions or the corresponding
National Regulator for regulating the above professions, at such time and place as they
mutually appoint, to enhance the interface between different workforce categories in modern
system of medicine, develop consensus on issues and promote team based approach to
healthcare delivery.
State 48. Every State Government may, for the purposes of addressing or promoting public
Government dentistry and community dental care in rural areas, take necessary measures to enhance the
to promote
preventive
capacity of the dental professionals.
and
promotive
dental care in
rural areas.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23
49. The Chairperson, Members, officers and other employees of the Commission Chairperson,
and the President, Members and officers and other employees of the Autonomous Boards Members,
officers of
shall be deemed, when acting or purporting to act in pursuance of any of the provisions of
Commission
45 of 1860. this Act, to be public servants within the meaning of section 21 of the Indian Penal Code. and of
Autonomous
Boards to be
public
servants.
50. No suit, prosecution or other legal proceeding shall lie against the Government, Protection of
the Commission or any Autonomous Board or a State Dental Council or any Committee action taken
in good faith.
thereof, or any officer or other employee of the Government or of the Commission acting
under this Act for anything which is in good faith done or intended to be done under this
Act or the rules or regulations made thereunder.
51. No court shall take cognizance of an offence punishable under this Act except Cognizance of
upon a complaint in writing made in this behalf by an officer authorised by the Commission offences.
or the Ethics and Dental Registration Board or a State Dental Council, as the case may be.
52. (1) If, at any time, the Central Government is of opinion that— Power of
Central
(a) the Commission is unable to discharge the functions and duties imposed on Government
it by or under the provisions of this Act; or to supersede
Commission.
(b) the Commission has persistently made default in complying with any direction
issued by the Central Government under this Act or in the discharge of the functions
and duties imposed on it by or under the provisions of this Act,
the Central Government may, by notification, supersede the Commission for such period,
not exceeding six months, as may be specified in the notification:
Provided that before issuing a notification under this sub-section, the Central
Government shall give a reasonable opportunity to the Commission to show cause as to
why it should not be superseded and shall consider the explanations and objections, if any,
of the Commission.
(2) Upon the publication of a notification under sub-section (1) superseding the
Commission,—
(a) all the Members shall, as from the date of supersession, vacate their offices
as such;
(b) all the powers, functions and duties which may, by or under the provisions
of this Act, be exercised or discharged by or on behalf of the Commission, shall, until
the Commission is re-constituted under sub-section (3), be exercised and discharged
by such person or persons as the Central Government may direct;
(c) all property owned or controlled by the Commission shall, until the
Commission is re-constituted under sub-section (3), vest in the Central Government.
(3) On the expiration of the period of supersession specified in the notification issued
under sub-section (1), the Central Government may—
(a) extend the period of supersession for such further term not exceeding six
months, as it may consider necessary; or
(b) re-constitute the Commission by fresh appointment and in such case the
Members who vacated their offices under clause (a) of sub-section (2) shall not be
deemed disqualified for appointment:
Provided that the Central Government may, at any time before the expiration of
the period of supersession, whether as originally specified under sub-section (1) or
as extended under this sub-section, take action under clause (b) of this sub-section.
24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(4) The Central Government shall cause a notification issued under sub-section (1)
and a full report of any action taken under this section and the circumstances leading to
such action to be laid before both Houses of Parliament at the earliest.
Power of 53. (1) The Central Government may, by notification, make rules to carry out the
Central provisions of this Act.
Government
to make rules. (2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) the manner of appointing ten Members of the Commission on rotational
basis from amongst the nominees of the States and Union territories in the Dental
Advisory Council under clause (b) of sub-section (4) of section 4;
(b) the manner of appointing nine members of the Commission under clause (c)
of sub-section (4) of section 4;
(c) the manner of nominating two members from amongst dental faculties, under
clause (d) of sub-section (4) of section 4;
(d) the salaries and allowances payable to, and other terms and conditions of
service of the Chairperson and Members under sub-section (4) of section 6;
(e) the form and the manner of making declaration under sub-section (6) of
section 6;
(f) the qualifications and experience to be possessed by the Secretary of the
Commission under sub-section (2) of section 8;
(g) the salaries and allowances payable to, and other terms and conditions of
service of the Secretary, officers and other employees of the Commission under
sub-section (7) of section 8;
(h) the other powers and functions of the Commission under clause (p) of
sub-section (2) of section 10;
(i) the dental qualifications and experience to be possessed by a member under
the second proviso to clause (d) of sub-section (2) of section 11;
(j) the manner of choosing second part-time Members under sub-section (5) of
section 17;
(k) the salaries and allowances payable to, and other terms and conditions of
service of the President and Members of an Autonomous Board and the allowances
payable to part-time Members under sub-section (2) of section 19;
(l) the form for preparing annual statement of accounts under sub-section (1)
of section 40;
(m) the time within which, and the form and the manner in which, the reports and
statements shall be furnished by the Commission under sub-section (1) of section 41;
(n) the form and the time for preparing annual report under sub-section (2) of
section 41;
(o) the amount of compensation payable to employees under the proviso to
sub-section (5) of section 58;
(p) any other matter in respect of which provision is to be made by rules.
Power to 54. (1) The Commission may, after previous publication, by notification, make
make regulations consistent with this Act and the rules made thereunder to carry out the provisions
regulations.
of this Act.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25
(2) In particular, and without prejudice to the generality of the foregoing power, such
regulations may provide for all or any of the following matters, namely:—
(a) the functions to be discharged by the Secretary of the Commission under
sub-section (5) of section 8;
(b) the procedure in accordance with which experts, consultants and
professionals may be engaged, or the experts and domain specialists from foreign
country may be invited, and the number of such experts and professionals under
sub-section (8) of section 8;
(c) the procedure to be followed at the meetings of the Commission under
sub-section (3) of section 9;
(d) the quality and standards to be maintained in dental education under
clause (a) of sub-section (2) of section 10;
(e) the manner of regulating dental institutions, dental research, dentists and
dental auxiliaries under clause (c) of sub-section (2) of section 10;
(f) the manner of functioning of the Commission, the Autonomous Boards, the
State Dental Councils and the Joint Dental Councils under clause (h) of sub-section (2)
of section 10;
(g) the procedure to be followed at the meetings of the Dental Advisory Council
under sub-section (3) of section 13;
(h) the manner of conducting common counselling by the designated authority
for admission to the undergraduate and postgraduate dental education under
sub-section (3) of section 14;
(i) the designated authority, and the manner for conducting the National Exit
Test (Dental) under sub-section (2) of section 15;
(j) the manner in which a person with foreign dental qualification shall qualify
National Exit Test (Dental) and the manner of his enrolment in the State Register or
the National Register under sub-section (4) of section 15;
(k) the manner in which admission to the postgraduate dental education shall
be made on the basis of National Exit Test (Dental) under sub-section (5) of section 15;
(l) the manner of conducting common counselling by the designated authority
for admission to the postgraduate dental education under sub-section (6) of section 15;
(m) the manner of nominating one member from amongst personnel of each
category of the dental auxiliaries to the advisory committee for the Under-Graduate
and Post-Graduate Dental Education Board under the proviso to sub-section (1) of
section 20;
(n) the number of, and the manner in which, the experts, professionals, officers
and other employees, including the experts and domain specialists from foreign
countries invited by the Commission, under sub-section (8) of section 8 shall be
made available by the Commission to the Autonomous Boards under section 21;
(o) the competency based dynamic curriculum at undergraduate level and
postgraduate level under clause (b) of sub-section (1) of section 24;
(p) the manner of imparting undergraduate courses and postgraduate
courses for dentists and dental auxiliaries by dental institutions under clause (c)
of sub-section (1) of section 24;
(q) the minimum requirements and standards for conducting courses and
examinations at undergraduate level and postgraduate level for dentists and dental
auxiliaries in dental institutions under clause (d) of sub-section (1) of section 24;
26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(r) the standards and norms for infrastructure, faculty and quality of education
at undergraduate level and postgraduate level for dentists and dental auxiliaries in
dental institutions under clause (e) of sub-section (1) of section 24;
(s) the procedure for assessing and rating of dental institutions under
clause (a) of sub-section (1) of section 25;
(t) the manner of carrying out inspections of dental institutions for assessing
and rating such institutions under clause (c) of sub-section (1) of section 25;
(u) the manner of conducting, and the manner of empaneling independent rating
agencies to conduct assessment and rating of dental institutions and the time period
for such assessment and rating under clause (d) of sub-section (1) of section 25;
(v) the manner of making available on website or in public domain the assessment
and ratings of dental institutions under clause (e) of sub-section (1) of section 25;
(w) the measures to be taken against a dental institution for failure to maintain
the minimum essential standards under clause (f) of sub-section (1) of section 25;
(x) the manner of regulating professional conduct and promoting dental ethics
under clause (b) of sub-section (1) of section 26;
(y) the form of scheme, the particulars thereof, the fee to be accompanied and
the manner of submitting scheme for establishing new dental college or for starting
any postgraduate course or for increasing number of seats under sub-section (2) of
section 27;
(z) the manner of preferring an appeal to the Commission for approval of the
scheme under sub-section (5) of section 27;
(za) the other factors under clause (d) of section 28;
(zb) the manner of taking disciplinary action by a State Dental Council for
professional or ethical misconduct of registered dentist or professional and the
procedure for receiving complaints and grievances by Ethics and Dental Registration
Board under sub-section (4) of section 29;
(zc) the act of commission or omission which amounts to professional or ethical
misconduct under clause (b) of the Explanation to section 29;
(zd) other particulars to be contained in the National Register for Dentists
under sub-section (1) of section 30;
(ze) the particulars to be contained in the National Register for Dental Auxiliaries
under sub-section (2) of section 30;
(zf) the form, including the electronic form and the manner of maintaining the
National Registers, under sub-section (3) of section 30;
(zg) the manner in which any name or qualification may be added to, or removed
from, the National Register and the grounds for removal thereof, under sub-section (4)
of section 30;
(zh) the manner of entering the title, diploma or qualification in the State Register
or the National Register, under sub-section (3) of section 31;
(zi) the period for which, and the manner in which, a foreign citizen who is
enrolled in his country as a dentist may be permitted temporary registration in India,
under the proviso to sub-section (1) of section 32;
(zj) the manner of listing and maintaining dental qualifications granted by a
University or dental institution in India under sub-section (1) of section 33;
(zk) the manner of examining the application for grant of recognition under
sub-section (3) of section 33;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27
(zl) the manner of including a dental qualification in the list maintained by the
Board under sub-section (4) of section 33;
(zm) the manner of preferring an appeal to the Commission for grant of
recognition under sub-section (5) of section 33;
(zn) the manner of listing and maintaining dental qualifications which have
been granted recognition before the date of commencement of this Act under
sub-section (8) of section 33;
(zo) the designated authority for conducting Screening Test for higher dental
qualification, and the manner of conducting the Screening Test under sub-section (2)
of section 34;
(zp) the manner of listing and maintaining dental qualifications which have
been granted recognition before the date of commencement of this Act under
sub-section (3) of section 34.
55. Every rule and every regulation made, and every notification issued, under this Rules and
Act shall be laid, as soon as may be after it is made, before each House of Parliament, while regulations to
it is in session, for a total period of thirty days which may be comprised in one session or in be laid before
Parliament.
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 rule or regulation or notification or both Houses agree that the rule
or regulation or notification should not be made, the rule or regulation or notification 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 rule or regulation or notification.
56. (1) The State Government may, by notification, make rules to carry out the Power of
provisions of section 29 and section 48 of this Act. State
Government
(2) In particular, and without prejudice to the generality of the foregoing powers to make rules.
under sub-section (1), such rules may provide for the following matters, namely:—
(a) the salary and allowances payable to, and other conditions of service of, the
Chairperson and Members of the State Dental Council and Joint Dental Council;
(b) the manner of filling up of vacancies arising in the State Dental Council and
Joint Dental Council;
(c) any other matter in respect of which provision is to be made by rules.
(3) Every rule made by the State Government under this Act shall be laid, as soon as
may be after it is made, before each House of State Legislature, where there are two Houses
and where there is one House of State Legislature, before that House.
57. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Power to
Government may, by order published in the Official Gazette, make such provisions not remove
difficulties.
inconsistent with the provisions of this Act, as may appear to it be necessary, for removing
the difficulty:
Provided that no order shall be made under this section after the expiry of a period of
two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament.
58. (1) With effect from such date as the Central Government may appoint in this Repeal and
16 of 1948. behalf, the Dentists Act, 1948 shall stand repealed and the Dental Council of India constituted saving.
under section 3 of the said Act shall stand dissolved.
28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall not
affect,—
(a) the previous operation of the Act so repealed or anything duly done or
suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred
under the Act so repealed; or
(c) any penalty incurred in respect of any contravention under the Act so
repealed; or
(d) any proceeding or remedy in respect of any such right, privilege, obligation,
liability, penalty as aforesaid, and any such proceeding or remedy may be instituted,
continued or enforced, and any such penalty may be imposed as if that Act had not
been repealed.
(3) On the dissolution of the Dental Council of India, the person acting as the President
and Members of the Dental Council of India holding office as such immediately before such
dissolution shall vacate their respective offices and such President and Members shall be
entitled to claim compensation not exceeding three months' pay and allowances for the
premature termination of term of their office or of any contract of service.
(4) Every officer who has been appointed on deputation basis in the Dental Council
of India shall, on its dissolution, stand reverted to his parent cadre, Ministry or Department,
as the case may be.
(5) The services of other employees who have been, before the dissolution of the
Dental Council of India, employed on regular basis by the Dental Council of India, shall
continue for no longer than one year after the commencement of this Act, as an interim
arrangement and thereafter, further continuity or otherwise of their services shall be
determined by the Commission on the basis of their performance appraisal or evaluation:
Provided that such employees of the erstwhile Dental Council of India shall be
entitled to such compensation which shall not be less three months' pay and allowances, as
may be prescribed.
(6) Notwithstanding the repeal of the aforesaid enactment, any order made, any
licence to practice issued, any registration made, any permission to start new dental college
or to start higher course of studies or for increase in the admission capacity granted, any
recognition of dental qualifications granted, under the Dentists Act, 1948, which are in force 16 of 1948.
as on the date of commencement of this Act, shall continue to be in force till the date of their
expiry for all purposes, as if they had been issued or granted under the provisions of this
Act or the rules or regulations made thereunder.
Transitory 59. (1) The Commission shall be the successor in interest to the Dental Council of
provisions. India including its subsidiaries or owned trusts and all the assets and liabilities of the
Dental Council of India shall be deemed to have been transferred to the Commission.
(2) Notwithstanding the repeal of the Dentists Act, 1948, the educational standards, 16 of 1948.
requirements and other provisions of the said Act and the rules and regulations made
thereunder shall continue to be in force and operate till new standards or requirements are
specified under this Act or the rules and regulations made thereunder:
Provided that anything done or any action taken as regards the educational standards
and requirements under the enactment under repeal and the rules and regulations made
thereunder shall be deemed to have been done or taken under the corresponding provisions
of this Act and shall continue in force accordingly unless and until superseded by anything
done or by any action taken under this Act.
(3) Notwithstanding the repeal of the Dentists Act, 1948, the State Council and the 16 of 1948.
Joint State Council constituted respectively under section 21 and section 23 of the said Act
shall continue to operate until a new State Dental Council is established by the State
Government in accordance with the provisions of section 29 of this Act.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29
THE SCHEDULE
(See section 35)
————
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—287GI(S3)—11-08-2023.