42. Power of Central Government to give directions to Commission and
Autonomous Boards.—(1) Without prejudice to the foregoing provisions of this Act, the
Commission and the Autonomous Boards shall, in exercise of their powers and discharge of
their functions under this Act, be bound by such directions on questions of policy as the
Central Government may give in writing to them from time to time:
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.
43. Power of Central Government to give directions to State Governments.—(1)
The Central Government may give such directions on questions of policy, as it may deem
necessary, to a State Government for carrying out all or any of the provisions of this Act and
the State Government shall comply with such directions.
(2) The decision of the Central Government as to whether a question is one of policy or
not shall be final.
44. Information to be furnished by Commission and publication thereof.—(1) The
Commission shall furnish such reports, copies of its minutes, abstracts of its accounts, and
other information to the Central Government as that Government may require.
(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).
45. Obligation of Universities and dental institutions.—Every University and dental
institution governed under this Act shall maintain a website at all times and display on its
website all such information as may be required by the Commission or an Autonomous
Board, as the case may be.
46. Completion of courses of studies in dental institutions.—(1) Notwithstanding
anything contained in this Act, any student who was studying for a degree, diploma or
29
certificate in any dental institution immediately before the commencement of this Act shall
continue to so study and complete his course for such 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.
(2) Notwithstanding anything contained in this Act, where recognition granted to a
dental institution has lapsed, whether by efflux of time or by its voluntary surrender or for
any other reason whatsoever, such dental institution shall continue to maintain and provide
the minimum standards required to be provided under this Act till such time as all
candidates who are admitted in that dental institution complete their study.
47. Joint sittings of Commission with relevant regulatory bodies.—The Commission
shall, at least once a year, hold a meeting with the National Medical Commission, the
Pharmacy Council of India, the Indian Nursing Council, National Commission for Indian
System of Medicine, the National Commission for Homoeopathy 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.
48. State Government to promote preventive and promotive dental care in rural
areas.—Every State Government may, for the purposes of addressing or promoting public
dentistry and community dental care in rural areas, take necessary measures to enhance the
capacity of the dental professionals.
49. Chairperson, Members, officers of Commission and of Autonomous Boards to
be public servants.—The Chairperson, Members, officers and other employees of the
Commission and the President, Members and officers and other employees of the
Autonomous Boards shall be deemed, when acting or purporting to act in pursuance of any
of the provisions of this Act, to be public servants within the meaning of section 21 of the
Indian Penal Code (45 of 1860).
50. Protection of action taken in good faith.—No suit, prosecution or other legal
proceeding shall lie against the Government, the Commission or any Autonomous Board or
a State Dental Council or any Committee 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. Cognizance of offences.—No court shall take cognizance of an offence punishable
under this Act except upon a complaint in writing made in this behalf by an officer
authorised by the Commission or the Ethics and Dental Registration Board or a State Dental
Council, as the case may be.
52. Power of Central Government to supersede Commission.—(1) If, at any time, the
Central Government is of opinion that—
(a) the Commission is unable to discharge the functions and duties imposed on it by
or under the provisions of this Act; or
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(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.
(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.
53. Power of Central Government to make rules.—(1) The Central Government may,
by notification, make rules to carry out the provisions of this Act.
(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;
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(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.
54. Power to make regulations.—(1) The Commission may, after previous publication,
by notification, make regulations consistent with this Act and the rules made thereunder to
carry out the provisions of this Act.
(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;
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(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;
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(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;
(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;
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(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;
(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. Rules and regulations to be laid before Parliament.—Every rule and every
regulation made, and every notification issued, under this Act shall be laid, as soon as may
be after it is made, before each House of Parliament, while it is in session, for a total period
of thirty days which may be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the 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. Power of State Government to make rules.—(1) The State Government may, by
notification, make rules to carry out the provisions of section 29 and section 48 of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers under
sub-section (1), such rules may provide for the following matters, namely:—
35
(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. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the
provisions of this Act, the Central Government may, by order published in the Official
Gazette, make such provisions not 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. Repeal and saving.—(1) With effect from such date as the Central Government may
appoint in this behalf, the Dentists Act, 1948 (16 of 1948) shall stand repealed and the
Dental Council of India constituted under section 3 of the said Act shall stand dissolved.
(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
36
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 (16 of 1948),
which are in force 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.
59. Transitory provisions.—(1) The Commission shall be the successor in interest to
the Dental Council of 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 (16 of 1948), the educational
standards, 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 (16 of 1948), the State Council
and the 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.