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The Bombay Dentists Rules, 1951
Published vide Notification No. G. N., L. S. G. & P. H. D., No. 2338/33, dated 19th February, 1951 (B. G., Part 4A, p. 848)
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LEGISLATIVE HISTORY 6 |
(a) 'Act' means the Dentists Act, 1948;
(b) 'Appendix' means the appendix to these Rules:
(c) 'Council' means the State Dental Council constituted by the Government of Bombay under section 21;
(d) 'Form' means a form given in the Appendix:
(e) 'Registrar' means the Registrar appointed under section 28;
(f) 'Section' means a section of the Act.
I. Elections of Members of the Council
3. A roll shall be maintained by the Registrar showing the names of the members of the Council, the electorate or interest which each member represents, the date of his election or nomination, the term of his office, the date on which any member vacated his seat and the date on which the term of office of a member is due to expire. 4. Sixty days before the expiration of term of office of any member of the Council, the Registrar shall invite the attention of the President of the Council and of the authority concerned to the necessity of holding fresh election or making fresh nomination, so that the successor may be elected or nominated, as the case may be, in due time to take his seat with effect from the day on which the term of office of the retiring member will expire. 5. On the resignation or death of any member of the Council or the seat of any member becoming vacant under sub-section (3) of section 27, the Registrar shall invite the attention of the President and the authority concerned to the casual vacancy thus caused in order that the same may be filled up by fresh election or nomination, as the case may be, as soon as possible. 6. In the case of nominated members, the President also shall inform the State Government of any such vacancy, requesting them to fill the same. In the case of a member to be elected under clause (d) of section 21, the President shall inform the State Medical Council of the vacancy requesting the Council to fill the same. 7. In the case of members to be elected under clause (a) or (b) of section 21, the President or any other person authorised by him in writing in this behalf shall be the Returning Officer. The Returning Officer shall, some time not less than forty-two days, and not more than sixty days, before the day on which the term of office of any such member expires and as soon as conveniently may be after the occurrence of any vacancy arising from the death or resignation of any such member or of any seat becoming vacant under sub-section (3) of section 27, issue his precept to the electorate concerned, requiring the said electorate to elect a member or members by a date mentioned in precept. 8. The following shall be the procedure adopted for filling up vacancies by election under clause (a) or (b) of section 21 :-(1) The electoral roll shall be prepared by the Registrar from the State Register. The roll shall show the names alphabetically and separately of the dentists registered in Part A and of those registered in Part B of the State Register. The roll shall contain the name, qualifications and address of every person qualified to vote for the election of a member to fill up the vacancy or vacancies.
(2) Candidates qualified for election shall be proposed and seconded by persons qualified as electors. No elector shall propose or second the nomination of more persons than are required to fill up the vacancy or vacancies. If more nominations than are required to fill up a vacancy or vacancies be subscribed by the same elector, all nominations subscribed by him shall be held to be void.
(3) The candidate shall sign the nomination paper declaring that he is willing to serve on the Council, if elected. In the absence of such a declaration the nomination shall be treated as invalid.
(4) The candidate shall send to the Returning Officer by post or otherwise a nomination paper in the form approved by the Council duly signed and completed so as to reach the Returning Officer on or before the last date appointed by the Council for the receipt of nomination papers. The last date for receiving nominations shall not be earlier than 40 days from the date appointed for counting of votes. A nomination paper in the form approved by the Council shall be supplied by the Returning Officer to any elector asking for the same. Any nomination paper which is not received by the Returning Officer on or before the date appointed by the Council shall be rejected.
(5) On the date and at the place appointed by the Council for scrutiny of nominations, the Returning Officer shall scrutinize the nomination papers received by him. Any candidate may be present either in person or by an accredited representatives at the time of such scrutiny. On completion of the scrutiny of nominations and after the expiry of the period within which candidature may be withdrawn under sub-rule (6), the Returning Officer shall forthwith declare the names of the candidates whose nomination papers are held valid by him.
(6) Any candidate may withdraw his candidature by notice in writing signed by him. Such notice shall not be valid, unless it is delivered to the
Returning Officer, or sent to him by post or otherwise and received by the Returning Officer, before the time and the date appointed by the President for such purpose.(7) If in case of any election the number of candidates duly nominated does not exceed the number required to fill up the vacancy or vacancies, the Returning Officer shall forthwith declare all such candidates to be elected.
(8) If at any election the number of candidates duly nominated exceeds the vacancies to be filled up, the Returning Officer shall forthwith publish their names and addresses on the notice-board of the Council, in the Bombay Government Gazette and in such manner as the Council may direct. The Returning Officer shall further arrange for the printing of the voting papers in Form A given in the Appendix, with the names of the candidates entered therein in alphabetical order. Such names and the instructions given in the voting paper shall be printed in English, Hindi, Marathi, Gujarati and Kannada.
(9) The Returning Officer shall, not less than twenty-one days before the date appointed for counting of votes, send by post to each elector one such voting paper signed by (he Returning Officer or bearing a facsimile stamp or bearing his seal, a smaller blank cover with the words "Voting Paper" printed thereon and a bigger cover, on which are printed on the left top corner the serial alphabetical number of the elector and on the left lower corner the name and the signature columns for the elector and in the centre the address of the Returning Officer as under :-
To,(10) An elector who has not received his voting paper and other connected papers sent by post or whose papers, before they are dispatched back to the Returning Officer have been inadvertently spoiled in such manner that they cannot be conveniently used or who has lost his papers, may on his transmitting to the Returning Officer a declaration to that effect signed by himself require the Returning Officer to send him duplicate papers in place of those not received, spoilt or lost and if the papers have been spoilt, the spoilt papers shall be returned to the Returning Officer who shall cancel them on receipt. In every case when duplicate papers are issued a record thereof shall be kept by the Returning Officer and a mark "Duplicate" shall be placed on the bigger cover, which will bear the same serial alphabetical number as was originally given to the said elector. The voting papers issued in such cases shall also be marked "Duplicate".
(11) The Returning Officer shall notify in the Bombay Government Gazette and in such other manner as the Council may direct, the date, time and place fixed by the Council for each of the following stages of the election, namely
(i) Last date for the receipt of the nomination papers.
(ii) Date and place for scrutiny of nomination papers.
(iii) Last hour and date for withdrawal of candidature.
(iv) Date, time and place for counting of votes.
(12) Before such date as may be appointed by the Council for counting of votes every elector desirous of voting shall send his voting paper to the Returning Officer and the Returning Officer shall keep the same collected in sealed boxes :
Provided that, any voting paper which is not received by the Returning Officer before 12 noon on the date appointed for the counting of votes or which does not confirm these rules shall be rejected.(13) The President and if he be unable to act, the Vice-President, shall nominate as scrutineers such number of members of the Council not exceeding four, as he thinks fit.
(14) The Returning Officer shall attend for the purpose of counting the votes on such date and at such time and place as may be appointed by the Council in this behalf. Any candidate may be present in person or by an accredited representative at the counting of the votes.
(15) When the counting of the votes has been completed, the Returning Officer shall forthwith declare the candidate or candidates as the case may be, to whom largest number of votes have been given, to be elected and shall forthwith inform the successful candidate by letter of his being elected on the Council. Every candidate who is elected shall, within such period as may be specified by the Returning Officer in the letter, signify to the Returning Officer his acceptance of a seat on the Council. If no such intimation is received by the Returning Officer within the said period, the candidate shall be deemed to have accepted a seat on the Council. If the candidate has intimated to the Returning Officer that he does not accept a seat on the Council, then one of the remaining candidates to whom the next largest number of votes have been given shall be declared to have been elected in the manner prescribed above in the place of the candidate first elected and the same procedure shall be followed if further vacancies are caused by the refusal of the candidate to accept a seat on the Council.
(16) When an equality of votes is found to exist between any candidates and the addition of a vote will entitle any one or more of the candidates to be declared elected, the determination of the person or persons to whom such one additional vote shall be deemed to have been given shall be made by lot, to be drawn by the Returning Officer and in such manner as the President or the person authorised by him in this behalf may determine.
(17) Upon the completion of the counting of votes, and after the result has been declared by him, the Returning Officer shall seal the voting papers and all other documents relating to the election including nomination papers and covers of voting papers and shall retain the same for a period of six months and thereafter cause them to be destroyed.
(18) The Returning Officer shall inform the President of the result of election.
(19) If any dispute arises regarding any such election, the Council shall refer such dispute to the State Government, whose decision shall be final.
(20) The first elections to the Council shall be held by the Registrar of the Dentists Registration Tribunal; and for the said purposes he shall exercise the powers and perform the duties conferred or imposed on the Council and the President and Vice-President by these rules and the preceding rules.
9. On receipt of official intimation of the election of a member, the President shall inform the State Government of the same for publication in the Bombay Government Gazette. The notification of the election of a member shall be read by the Registrar and he shall then be introduced to the meeting by some member of the Council. The above procedure shall be adopted also in the case of nominated members. 10. Subject to the provisions of section 25, the President and the Vice-President shall be elected at the first meeting of the newly elected Council. 11. Every meeting of the Council and the Executive Committee shall be presided over by the President or if he be absent, by the Vice-President, and if both the President and Vice-President are absent, by such one of the members present as may be chosen by the meeting to be the Chairman for the occasion.II. Meetings, business, etc. of the Council
12. Unless for reasons of public emergency, the President or if the President be unable to act, the Vice-President and if he also be unable to act, the Executive Committee otherwise directs, the Council shall meet for ordinary business on the second Monday in the months of February and September in each year. A meeting of the Council shall be held at any other time only if called by direction of the President or in his absence or in the event of a vacancy in the office of the President by the Executive Committee or on a written requisition signed by five members of the Council and addressed to the President or to the Executive Committee, as the case may be. Such extraordinary meeting shall be convened only after 15 days notice. 13. All meetings of the Council shall be convened by the Registrar by notice addressed to each member stating the time and place of meeting. 14. The notice shall state the purpose of meeting whether the general business or for any (named) special business and at any meeting which is called for transacting any special business no other business shall be entered on except that named in the notice unless the Council by resolution agrees to consider such business. 15. Previous to any meeting of the Council, the Registrar shall, with the approval of the Executive Committee, prepare a provisional programme of business for the session and shall furnish a copy thereof to each member of the Council not less than ten days before the day of the first meeting and at the same time forward to all members of the Council copies of the documents and evidence in any case for disciplinary action which is to be brought before the Council during that session. 16. Any notice of motion to be inserted in the programme of business for the first day of the session shall be sent to the Registrar at least 15 clear days before the beginning of the session. 17. When the President has taken the Chair at any meeting, the roll of the members shall be called and any member not present before the minutes of the previous meeting are confirmed shall be deemed to be absent. 18. Eight members of whom the President may be one shall constitute a quorum for any meeting of the Council. 19. No member after taking his place, shall leave the meeting without permission from the President. 20. The President shall be the Chairman of all Committees of the Council. 21. Before the commencement of any meeting of the Council, the President, in consultation with the Registrar, shall prepare the programme of business containing the subjects to be brought forward and the notices of motion given by members and the programme shall be prepared and distributed to all members of the Council. 22. All motions of amendments proposed to be moved at any meeting shall be in writing and shall be signed by the mover and seconder, and before they are discussed by other members, shall be read from the Chair or by the Registrar under the authority of the Chair. All formal amendments shall be framed so that they may be read as independent motions. 23. The mover shall have the right to speech before any motion or amendment is seconded. 24. Any motion standing over from the previous day shall take precedence of new matter unless the Council otherwise determines. 25. No motion or amendment shall be withdrawn after having been read from the Chair or by the authority of the Chair unless by permission of the Council. 26. The seconder of a motion may reserve his speech to any period of the debate; but only the proposer shall have the right of final reply. 27. If an amendment be proposed, it shall be disposed of before any other amendment is moved. 28. The amendment shall first be put to the vote; and if it be negatived a second amendment may be moved and shall be disposed of in the same way as the first amendment, and so on, until no future amendment is proposed. 29. If all amendments be negatived, the original motion shall then be put to the vote. 30. If any amendment be carried, the original motion so amended shall be regarded as a substantive motion to which further amendments may be moved and when there are no further amendments the motion so amended shall be put to the vote. 31. In all cases where a division has taken place, any member of the Council may require that the names of the numbers or both the names and the numbers of the majority, of the minority of those who decline to vote, and of those who are absent, be entered in the minutes. 32. When a motion is under debate, no further proposal shall be received except one of the following :-(i) An amendment namely, "That the motion be amended as follows
(ii) The postponement of the question, namely, "That the consideration of the motion be postponed."
(iii) The adjournment of the debate, namely, "That the debate on the motion be now adjourned."
(iv) The adjournment of the Council, namely, "That the Council do now adjourn."
(v) The closure of the debate, namely, "That the Council do now proceed to vote on the motion."
(vi) The previous question as to the motion, namely, "That the Council, instead of proceeding to deal with the motion, do pass to the next item on the programme of business."
33. When an amendment is under debate, no further proposal shall be received except one of the following :-(i) The adjournment of the debate on the amendment, namely, "That the debate on the amendment be now adjourned."
(ii) The adjournment of the Council, namely, "That the Council do now adjourn."
(iii) The closure of the debate on the amendment, namely, "That the Council do now proceed to vote on the amendment."
(iv) The previous question as to the amendment, namely, "That the Council, instead of proceeding to deal with the amendment do resume the debate on the motion originally proposed."
34. The proposal for the postponement of the question sine die may be made or may specify a date for the further consideration of the question. 35. If the proposal for the adjournment of the debate be carried, the Council, shall pass to the next item on the programme of business and the debate shall be resumed at the next ordinary meeting of the Council. The proposer of the adjournment motion shall on the resumption of the debate be entitled to speak first. 36. If the proposal for the adjournment of the Council be carried, the question under debate shall be dropped from the programme of business. 37. On the proposal for the adjournment of the Council being made and seconded it shall be competent for the President or Chairman, before putting the question, to take the opinion of the Council as to whether it will, before rising proceed to the transaction of unopposed business. 38. The proposal for the closure shall be made, and seconded without debate and shall unless the President or Chairman shall rule otherwise, be put forthwith. If the proposal be carried, the motion or amendment under debate shall be at once voted on by the Council. 39. The proposal for the previous question referred to in clause (vi) of rule 32 shall be made and seconded without debate and shall be put forthwith. If the proposal be carried, the motion or amendment to which it applies shall be dropped from the programme of business. 40. The President may at his discretion obtain the votes of members of the Council on any particular question by circular after having placed before them all the facts and information relating to the same and obtaining their views thereon such question being decided by a majority of votes and a minute regarding it being added to the minutes of the Council. 41. The minutes of each meeting shall be read at the following meeting for the approval of the members and shall be confirmed by the President or Chairman after a resolution to that effect is passed thereat. 42. The proceedings of the meetings of the Council shall be preserved in the form of printed minutes after confirmation by the signature of the President. The printed minutes shall include the agenda, the papers connected with the cases of enquiries by the Council under section 41 and in the case of other items only the Registrar's note and the decision of the Executive Committee and the Council on each item. 43. The minutes of each meeting shall contain such motions and amendments as have been proposed and adopted or negatived with the names of the proposer and seconder, but without any comment or observation of the members annexed thereto. 44. After the close of any session of the Council, a printed copy of the confirmed minutes of such session shall be sent to each member. 45. The minutes of the meeting of the Executive Committee shall be printed uniformly with those of the Council and copies thereof sent to each member of the Council. The printed minutes shall include only the agenda the Registrar's note and the decision of the Executive Committee on each of the items. 46. The full minutes of the Council after final revision in accordance with rule 42 shall be kept in order that, as soon as convenient after the sessions, they may be made up in sheets and consecutively paged for insertion in the yearly volume.III. Constitution and functions and meetings, etc., of the Executive Committee
47. The Executive Committee shall consist of the President, and Vice-President ex officio, and seven members of the Council elected by ballot at the first meeting of the Council. 48. The Executive Committee shall ordinarily meet once every month on such date as may be fixed by the President. 49. For a meeting of the Executive Committee four members including the President and the Vice-President shall be a quorum. 50. If any member of the Executive Committee is absent from two consecutive ordinaiy meetings of the Committee, without leave of the Committee or from all meetings of the Committee during the period of three months, he shall be deemed to have vacated his seat on the Committee. 51. The Executive Committee shall keep minutes of their proceedings which shall be dealt with according to the same procedure as that indicated in the foregoing rule for the minutes of the Council. 52. The Executive Committee shall superintend the publication of the State register of dentists in two Parts, A and B, which shall be prepared by the Registrar. The Registrar shall cause it to be printed after entering therein annually a statement of the distribution of the copies of the register to Government Officers as required by the State Government and the Dental Council of India as required by section 18(2) and to others as may be directed by the Executive Committee. 53. The Executive Committee shall order each year such number of copies of the dentists register to be printed as will appear necessary from the report of the Registrar on a revision of the annual distribution list. 54. The Executive Committee shall consider and prepare reports upon any subjects that may seem to require the attention of the Council and such reports shall be printed and circulated among the members of the Council at least ten days before the meeting of the Council. 55. The Executive Committee shall also prepare reports on such subjects as may be referred to them by the Council at its sittings or by the President at other times. The Reports when finally approved by the Committee shall be presented to the Council. 56. The Executive Committee shall, before each meeting of the Council, prepare the business for the consideration of the Council. 57. The printing of the yearly volumes of the minutes shall be under the direction of the Executive Committee. 58. All petitions presented to the Council shall be referred to the Executive Committee to be examined and reported upon before being considered by the Council. 59. Subject to the provisions of the preceding rule, all petitions addressed to the Council immediately before or during the sessions of the Council shall be laid upon the table.IV. Registration
60. The register of dentists shall be maintained in accordance with the provisions of section 31 in Form B. 61. The names of dentists shall be entered in the register in the order in which the applications for registration are admitted and sufficient space shall be left for further additions to or alterations in the qualifications and address of each entry. 62. Each page of the register shall be verified and signed by the Registrar. 63. (1) After the registration of every dentist under the Act, and after each renewal of such registration, the Registrar shall grant such dentist a certificate in Form C. (2) In the event of a certificate issued under sub-rule (I) being lost or destroyed the holder may at any time during which such certificate is in force apply to the Registrar for a fresh certificate and the Registrar may if he thinks fit on satisfactory proof as to the identity of the applicant, grant such certificate on payment of a fee of Rs. 5. A certificate issued under this sub-rule shall be marked "duplicate". 64. (1) Every person entitled under section 34 to be registered under the Act and desiring to have himself so registered shall apply to the Registrar in Form D properly filled in and signed. Every such application shall be accompanied by the fee prescribed in that behalf in rule 73. (2) Where the application under sub-rule (1) is for registration under clause (ii) of section 34, the applicant shall state in the application whether he has passed the examination referred to in that clause as one of his qualifications for registration. [64A. The application for registration under clause (b) of sub-section (1) of section 33-A shall be made in Form DD, and shall be accompanied by a fee of rupees fifteen, laid down in rule 73 for the first registration in. the register.] 65. (1) After the direction is issued by the State Government under subsection (1) of section 39, the name of every person registered under the Act, shall subject to the provisions contained in the Act as to the removal of names from the register, remain entered therein and the registration of such person shall hold good for the period ending on the 31st day of December of the year following the year in which his name is first entered in the register. (2) Any person desiring to continue his registration shall submit to the Registrar an application before 1st April of the year to which it relates and shall forward with such application the fee prescribed in that behalf in rule 73 [and after the renewal of his registration, the Registrar shall issue to such persons a certificate of renewal in Form C-3.] (3) When a renewal fee is not paid before the due date, the Registrar shall remove the name of the defaulter from the register : Provided that, a name so removed may be restored to the register under sub-section (2) of section 39 on payment of renewal fee and additional fee as penalty as prescribed in that behalf in rule 73. 66. An application for registration of an additional qualification shall be made in Form E and shall be accompanied by the fee prescribed in this behalf in rule 73. 67. Any appeal to the Council against the refusal of the Registrar to register or to alter any entry in the register, shall be in the form of a memorandum and state the grounds on which registration is claimed and furnish the names of the qualifications and the dates on which they were obtained. On receipt of such appeal the Council may before deciding refer the same to the Executive Committee for enquiry and report. 68. Certified copies of entries in the register in the following form may be issued to any one on payment of the fee prescribed in that behalf in rule 73:-Office of the Bombay
State Dental Council, Bombay.
Certified to be a true copy of the entry in Part A/Part B of the register of dentists relating to the following person, namely:-
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Name |
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Date of registration |
Qualification |
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Registrar
N. B. - This certified copy remains evidence of registration only until the publication of the printed dentists register for 19................................ It is not, nor must it be used as, evidence of the identity of the holder with the person named therein. 69. A fee as prescribed in that behalf in rule 76 shall be levied for registering a change of name in the State dentists register. 70. (1) A registered dentist may himself make an application for the removal of his name from the register. The application shall be accompanied by a declaration made by the applicant that he is not aware of any proceedings or any reason for the institution of any proceedings which might result in the removal of his name from the register or in depriving him qualification or licence entitling him to be registered. (2) Every such application shall, in the first instance, be referred by the Registrar to the authorities who granted the applicant his qualification or qualifications to ascertain whether there is any valid objection to such removal. (3) The Registrar shall bring such application before the next meeting, of the Council or Executive Committee, who will consider the application and any objections thereto, and the President may put from the Chair the question :- Whether the Registrar shall remove the applicant's name from the dentist register. (4) If the Council or the Executive Committee, as the case may be, grants the application, the Registrar shall remove the applicant's name from the register and send notice of such removal to the applicant by a registered letter addressed to his registered address. 71. The Registrar shall of the registers printed under section 45, keep an interleaved copy as his office copy wherein he shall make during the year any entry, alteration or removal that may be necessary. 72. There shall be made every year and entered in the copy of the printed dentists register maintained under rule 71, an enumeration of (1) the total number of names of persons entered in register when it was printed; (2) the number added by registration during the year; (3) the number restored to the register; (4) the number removed from the register, stating the section of the Act under which the name has been removed; and (5) the number removed by death.[Penal removals from dental register]
72A. Whenever information reaches the office of the Council that the name of any dentist has been entered in the register on account of misrepresentation, or suppression of any material fact or that he has been convicted of any offence or has been guilty of conduct which prima facie constitutes infamous conduct in a professional respect, the Registrar shall make an abstract of such information and shall submit the same to the President. 72B. Where the information in question is in the nature of a complaint by a person or body such complaint shall be made in writing addressed to the Registrar and shall state the grounds of complaint and shall be accompanied by one or more declarations as to the facts of the case. 72C. Every declaration shall state the description and true place of abode of the declarant and where a fact stated in a declaration is not within the personal knowledge of the declarant the source of his information and grounds for the belief of the declarant in its truth shall be accurately and fully stated. The declaration shall be attested by a Magistrate of the First Class or a Justice of the Peace or a Presidency Magistrate, Any declaration or part thereof which is otherwise than in conformity with this rule shall not be accepted in evidence. 72D. The abstract referred to in rule 72-A and where a complaint has been lodged, such complaint, and all other documents bearing on the case, shall be submitted by the Registrar to the President who shall if he thinks fit instruct the Registrar to ask the dentist by means of a registered letter for any explanation he may have to offer. The documents including any explanation forwarded by the dentist to the Registrar shall then be referred to the Executive Committee who shall consider the same and shall have the power to cause further investigation to be made and further evidence to be taken and to refer, if necessary, to their legal adviser for his advice and assistance and to instruct him to take the opinion of counsel and otherwise to obtain such advice and assistance as they shall think fit. If the Committee is of the opinion that a prima facie case is not made out, the case shall not proceed further and the Registrar shall inform the complainant of the resolution of the Committee. If the Committee is of the opinion that the circumstances suggest that a letter of warning be sent, the Committee is empowered to send it. If the Committee resolve that the case is one in which an enquiry ought to be held, the President shall direct the Registrar to take steps for the institution of an inquiry and for having the case heard and determined by the Council. 72E. An inquiry with a view to the removal of a name from the register under section 41 shall be instituted by the issue of a notice in writing on behalf of the Council by the Registrar addressed to the dentist. Such notice shall specify the nature and particulars of the charge and shall inform him of the day on which the Council intend to deal with the case and shall call upon him to answer the charge in writing and to attend before the Council on such day. The notice shall be in the Form appended hereto with such variations as circumstances may require and shall be sent not less than three weeks before the date of enquiry. The complainant, if any, shall also be informed of the date of enquiry within the same time. 72F. In every case in which a notice under rule 72-E is issued the complainant and the dentist shall for the purpose of the enquiry upon request in writing for that purpose signed by himself or his legal adviser be entitled to be supplied by the Registrar with a copy of any declaration, explanation, answer or other document given or sent to the Council by or on behalf of the other party which such other party will be entitled on proper proof to use at the hearing as evidence in support of or in answer to the charge specified in the notice of inquiry; and every notice of inquiry shall draw the particular attention of the dentist to this rule. 72G. Any answer, evidence or statement forwarded or application made by the dentist between the date of the issue of the notice and the day named for the hearing of the charge shall be dealt with by the President in such manner as he, under legal advice, shall think fit. 72H. All material documents which are to be laid before the Council as evidence in regard to the case shall be cyclostyled or printed and a copy shall be furnished to each member of the Council before the hearing of the case. 72I. At the hearing of the case by the Council their legal adviser may be present to advise as to the conduct of the case and any counsel employed by them may act as Judicial Assessor. The complainant and also the dentist may be represented or assisted by a legal adviser with or without counsel. 72J. Where a complainant appears personally or by counsel or other legal adviser the following shall be the procedure :-(1) The Registrar shall read the notice issued under rule 72-E.
(2) The complainant shall then be invited to state his case by himself or his legal adviser and to produce his proof in support thereof. At the conclusion of the complainant's proof his case will be closed.
(3) The dentist shall then be invited to state his case by himself or by his legal adviser and to produce his proof in support thereof. He may address the Council either before or at the conclusion of his proof, but only once.
(4) At the conclusion of the dentist's case the Council shall, if the dentist has produced evidence, hear the complainant in reply on the case generally, but shall hear no further evidence except in any special case in which the Council may think fit to receive such further evidence. If the dentist produces no evidence the complainant shall not be heard in reply, except by special leave of the Council.
(5) Where a witness is produced by any party before the Council, he shall be first examined by the party producing him, and then cross-examined by the adverse party and then re-examined by the former party. The Council may decline to admit in evidence any declaration where the declarant is not present or declines to submit to cross-examination.
(6) The President, and the Judicial Assessor when present, may put questions to any witness; and members of the Council, through the President, may also put questions to any witness.
72K. Where there is no complainant or no complainant appears, the following shall be the procedure :-(1) The Registrar to the Council shall read the notice issued under rule 72-E and shall state the facts of the case and produce before the Council the evidence in support thereof.
(2) The dentist shall then be invited to state his case by himself or by his legal adviser and to produce any proof in support thereof. He may address the Council either before or at the conclusion of his proof, but only once.
(3) The legal adviser to the Council may be heard in reply if the Council so desire.
72L. Upon the conclusion of the case the Council shall deliberate thereon among themselves and at the conclusion of such deliberation, the Council shall be called upon by the President to vote on the following resolution to be put from the Chair :- That the facts (or the following facts (specifying them)) alleged against in the notice under rule 72-E have been proved to the satisfaction of the Council. If this resolution is carried, the Council shall proceed at once to pronounce its judgement on the ease ana shall be called upon by the President to vote upon such of the following resolutions to be put from the Chair as may be applicable to the circumstances of the case. In the case of name of a dentist being entered in the register or account of misrepresentation or suppression of a material fact, -(a) That having been proved that the name Of has been entered in the register on account of misrepresentation or suppression of a material fact, the Registrar be directed to erase his name from the register. In the case of a conviction,-
(b) That having been proved to have been convicted of the offence alleged against him in the notice, the Registrar be directed to erase his name from the register.
In the case of a dentist charged with infamous conduct in a professional respect, -(c) That the Council do now judge to have been guilty of infamous conduct in a professional respect and to direct the Registrar to erase from the register the name of...........
If resolution (a) or (b) or (c), as the case may be, is not carried, the President may announce the Judgement of the Council in the form - 'That the Council do not see fit to direct the Registrar to erase from the register the name of............ 72M. The Council may, if sufficient cause is shown at any stage of the hearing grant time to the parties or to any of them and may from time to time adjourn the hearing of the case. Reasonable notice in writing shall be given by the Registrar to the dentist and to the complaint, if any, of the day fixed for the further consideration and the notice shall request the attendance of the dentist on that day before the Council. 72N. When the Council has received notice from any authority specified in the Schedule to the Act that any qualification granted by it has been duly and legally withdrawn from a dentist by such authority provided that the qualification has not been withdrawn on the ground of the adoption of any theory of dentistry, then the Council may by formal resolution put by the President from the Chair direct the Registrar to remove such qualification or qualifications from the register as appertain lo such dentist. 72O. If, under the foregoing rule all the qualifications of any dentist have been erased from the register, then the Council may by formal resolution put by the President from the Chair direct the Registrar to remove the name of such dentist from the register. 72P. The Registrar shall, upon the decision to remove any name from the register pursuant to the provisions of the preceding rules or of section 41 of the Act. forthwith send notice of such decision to the dentist and such notice shall be sent by a registered letter addressed to the last known address or the registered address of the dentist. The Registrar shall -(a) in the case of decision pursuant to the preceding rules, forthwith, and
(b) in the case of a decision pursuant to the provisions of section 41, after such decision becomes effective under sub-section (3) of that section or after the appeal made under sub-section (4) of that section against such decision has been rejected, send an intimation of such decision to the Dean or Secretary or other proper officer or authority from which the dentist had received his qualification or qualifications.
72Q. The Registrar shall, within one month after any names have been removed, from the register, send to all the authorities specified in the Schedule to the Act a list of all such names and shall invite the attention of each such authority to the following recommendation of the Council, namely :- "The Council recommends that no person whose name has been once removed from and has not been restored to the register shall, without previous reference to the Council, be admitted to an examination for any new qualification which is registerable in the register."Form of Notice
(See rule 72-E)
Notice to a dentist to attend proceedings for removal of his name from the register under section 41 of the Dentists Act, 1948
Sir,On behalf of the Dental Council, I give you notice that information and evidence have been laid before the Council by which the complainants make the following charge against you, namely :-
(Here set out the circumstances or particulars of any offence briefly in terms of clauses (i) and (ii) of section 41(1) of the Act.]
And I am directed further to give notice that on the day of .... 19....,a meeting of Council will be held at ................ at o'clock in the to consider the above mentioned charges against you, and decide whether or not they should direct your name to be removed from the register, pursuant to section 41 of the Dentists Act, 1948. You are invited and required to answer in writing the above charges and to attend before the Council at the abovenamed place and time to establish any denial or defence that you may have to make to the abovementioned charges and you are hereby informed that if you do not attend as required, the Council may proceed to hear and decide the said charges in your absence.
Any answer or other communication application which you desire to make respecting the said charges or your defence thereto must be addressed to the Registrar of the Council and transmitted so as to reach him not less than days before the day appointed for the hearing of the case. A copy of certain rules of the Council to which your particular attention is invited, is enclosed herewith for your information.Registrar.]
V. Fees
[73. The fees payable under Chapter IV of the Act shall be as follows, namely :-|
|
|
Dentists |
Dental Hygienists |
Dental Mechanic |
|
1. |
For the first registration in the register |
200 |
70 |
70 |
|
2. |
For entry of any additional qualifications under section 40 |
50 |
-- |
-- |
|
3. |
Renewal fee under section 39 |
50 |
20 |
20 |
|
4. |
Penalty fee under section 39(2) (per year) |
50 |
20 |
20 |
|
5. |
For restoration of the registration to the register under section 42 |
200 |
70 |
70 |
|
6. |
For registration of a change of name |
25 |
25 |
25 |
|
7. |
For every certified copy of an entry in the register |
50 |
50 |
50 |
|
8. |
For issue of a duplicate certificate under section 44 |
50 |
20 |
20] |
VI. Registrar, Clerks and office hours
74. The post of the Registrar shall be one of a permanent tenure. In the case of the new appointment there shall be a probationary period of one year. The Registrar shall be full time officer of the Council and he shall not be allowed to do any other work except with the permission of the Council. 75. The Registrar shall keep his registers in accordance with the provisions of the Act and these rules. 76. The Registrar shall be present at every meeting of the Council and of the Executive Committee and shall take minutes of the proceedings at such meetings. 77. The Registrar, as Secretary shall conduct and have charge of the correspondence of the Council and shall issue all requisite notices in the manner required under these rules. 78. Except on public holidays the Registrar shall attend the office for such time as the State Government servants are required to attend office and shall also attend office at other times as the Council may direct and at other times when necessary and shall not absent himself from his duties without permission from the President. 79. The Register shall have the general control of the management of the office authority over the other officers and servants of the Council and superintendence of the property of the Council. 80. The duties of the other officers and servants shall be such as shall be assigned to them by the Registrar under the direction of the Executive Committee. 81. Except on public holidays, the other officers and servants shall attend the office for such time as the State Government servants of the corresponding grades are required to attend office and shall also attend office at other times, whether on public holidays or not, as may be required by the Registrar.VII. Common seal
82. The common seal of the Council shall be kept in a box having two different locks and the key of one of these locks shall be in the custody of the President and the key of the other lock in the custody of the Registrar. 83. The seal shall be affixed only by order of the Council or, when the Council is not sitting, by order of the Executive Committee; but its use by such Committee shall be limited to such acts as may be necessary to carry into effect the powers conferred on it by these rules or delegated to it by the Council. 84. Any order for affixing the seal shall state the object of its use, and shall be entered in the minutes of the Council, or of the Executive Committee, as the case may be.VIII. Inspection of documents
85. Inspection of documents of the Council shall be granted to the members of the Council when not required for use by its legal advisers or otherwise and subject to the following conditions, namely :-(i) A notice in writing of three clear days shall be given to the Registrar, except when the Council is in session, when special leave may be granted.
(ii) The subject of the documents needed for inspection shall be stated in the notice.
(iii) The documents shall be open to inspect ion during office hours.
(iv) Documents under inspection shall not be removed from the premises of the Council.
(v) All such documents and the information derived therefrom shall be regarded as strictly confidential.
IX. Accounts
86. An account shall be opened in the Bank of [..................] in the name of the Council and all the moneys of the Council shall be deposited in the Bank, subject to the reservation mentioned in rule 87. 87. The Registrar shall receive all moneys payable to the Council. He shall not retain in his hand at a time a sum of more than Rs. 100 the balance being lodged in the Bank to the credit of the Council. 88. The Registrar shall in the month of July in each year prepare a statement of income and expenditure of the preceding financial year ending on 31st March and draw the attention of the Council to such matters as are deserving of notice. 89. The annual accounts shall be made up by the Register under the direction of the Executive Committee. 90. (1) In the month of September in each year, an estimate of the revenue and of the expenditure of the Council for the year commencing on 1st April next ensuing, shall be laid before the Council. (2) Such estimate shall make provision for the fulfillment of the liabilities of the Council and for effectually carrying out its objects. It shall include on its revenue side, besides all revenues ordinarily anticipated, all fees received from registration and other sources and the amount expected from the State Government by way of grant. 91. The Council shall consider the estimate so submitted to it and shall sanction the same either unaltered or subject to such alteration as shall be deemed fit. 92. The Council may at any time during the year for which any estimate has been sanctioned cause a supplementary estimate to be prepared and submitted to it. Every such supplementary estimate shall be considered and sanctioned by the Council in the same manner as if it were an original annual estimate. No expenditure shall be incurred by the Council which is not duly provided for in the budget or in a supplementary budget estimate. 93. A bill or other voucher presented as a claim for money shall be received and examined by the Registrar. If the claim be for a sum not exceeding Rs. [25] and the bill is in order, the shall pay it. If the claim be for a sum exceeding Rs. [25] but not exceeding Rs. [250] payment shall be made after the claim is sanctioned by the President. If the claim be for a sum exceeding Rs. [250] payment shall not be made until it is examined and passed by the Executive Committee. 94. The Registrar shall immediately bring into account in the General-Cash book all moneys received or spent by the Council. 95. All cheques on the Bank shall be signed by any one member of the Executive Committee and by the Registrar.X. Prosecutions
96. If information is received by the Registrar that an offence under the Act has been committed, he shall, if there is a complaint, require the complainant to produce by means of a written statement or otherwise, prima facie proof of the matters complained of. 97. The Registrar shall thereupon bring the matter before the President, or if the President be unable to act, before the Executive Committee who may, if they decide that the case is one in which a prosecution should be instituted, take necessary action under section 52.The Appendix
Form A
[See rule 8(8)]
Voting paper
...........................members are to be elected from among themselves by dentists registered in Part A/Part B of the State register.|
Name of candidates duly nominated |
Vote |
|
|
|
Returning Officer.
Instructions
(1) Each elector has *one vote/*...........votes.
(2) *The/*Each vote is to be shown by a cross mark x against the name of the candidate/the name of the candidates whom the elector prefers.
(3) Not more than one mark should be placed against the name of any candidate.
(4) The voting paper shall be invalid if the marks are so placed as to render it doubtful to which candidates they are intended to apply or if more than one mark are placed against the name of any candidate.
(5) The elector shall enclose the voting paper duly filled in the smaller cover and enclose this in the bigger cover supplied by the Returning Officer and shall write his full name (which may be typewritten) and signature in the left hand corner of the bigger envelope in the printed columns therefor.
(6) Every elector shall send his voting papers in a separate cover direct to the Returning Officer.
(7) If the Returning Officer receives more than one voting paper from any elector, all such voting papers shall be invalid.
*Applicable when the member is to be elected/'Applicable when more than one member is to be elected.
Form B
(See rule 60)
Form of the Register of Dentist
|
1. |
Serial No. |
.... |
|
2. |
Name in full |
.... |
|
3. |
Father's name |
.... |
|
4. |
Date of Birth |
.... |
|
5. |
Nationality |
.... |
|
6. |
Residential address |
.... |
|
7. |
Date of first admission to the Register |
.... |
|
8. |
Qualification for registration |
.... |
|
9. |
Date on which degree or diploma in dentistry, if any, was obtained, and the authority which conferred it |
.... |
|
10. |
Professional address |
.... |
|
11. |
Employment, if any |
.... |
|
12. |
Date of removal or registration |
.... |
|
13. |
Remarks |
.... |
(Note. - Removal" or "Restoration" of name with dates)
Form C
(See rule 63)
Certificate of Registration under the Dentists Act, 1948 (XVI of 1948) This is to certify that the person named below has been registered as a dentist in Part A/Part B of the State register under the provisions of the Dentists Act, 1948 [* * *]This certificate shall remain in force till
Name
Qualification
Registered No.
(Signature) ....................
Registrar,
The Bombay State Dental Council, Bombay.
Form C-l
[Not Printed]
Form C-2
[Not Printed]
[See rule 65(2)]
Certificates of renewal of registration under section 39 (3) of the Dentists Act, 1948 (XVI of 1948)
Maharashtra State Dental Council,
Swadeshi Mills Estate,
Near Roxy Cinema, Tata Road,
New Queen's Road, Bombay 400 004.
(Signed) ....................
Registrar.
Maharashtra State Dental Council, Bombay.]
Form D
(See rule 64)
Form of Application for Registration of Dentists under section 34 of the Dentists Act, 1948 (XVI of 1948)
To,I have to request you to enter my name, address and qualifications as stated below in Part A/B of the register of dentists for the State of Bombay.
Registration Fee of Rs. 15 (Rupees fifteen only) is sent herewith/by money order/by postal order.
|
Name in full (in block letters only) |
.... |
|
Place of birth, date and year Nationality (kindly give information in details) |
.... |
|
Whether Citizen of India |
.... |
|
Whether subject of a Foreign Government |
.... |
|
Residential address |
.... |
|
Professional address |
.... |
|
Number of years in practice |
.... |
|
Employment, if any |
.... |
Qualifications
|
Description of qualifications of which registration is desired |
.... |
|
Name of the University or Faculty or Examining or Licensing Body with full address |
.... |
|
Date of attaining the qualification |
.... |
|
Institution through which appeared |
.... |
Yours faithfully,
Signature .................
Name in full...............
Instructions
1. All particulars given above must be filled in by the applicant himself.
2. All particulars should be in neat legible hand.
3. Registration fees should be sent in cash or by money order or postal order only.
4. Candidates should note that their names entered in the application must exactly correspond with their names at the University or other Examinations, as the case may be.
Please give below a specimen of your signature as used by you on certificate.(See rule 64-A)
Form of Application for Registration of Dentists under clause (b) of sub-section 33-A of the Dentists Act, 1948 (XVI of 1948)
To,I have to request you to enter my name, address and qualification as stated below in Part A/B of the register of dentists for the State of Maharashtra.
Registration fee of Rs. 15 (Rupees fifteen only) is sent herewith by money order/by postal order.
|
Name in full (Beginning with surname and in block letters only) |
.... |
|
Father's name in full |
.... |
|
Place of birth, date, month and year |
.... |
|
Whether Citizen of India |
.... |
|
Nationality (kindly give information in detail) |
.... |
|
Where domiciled |
.... |
|
Residential address |
.... |
|
Professional address |
.... |
|
Number of years in practice |
.... |
Qualifications
|
Description of qualifications of which registration is desired |
.... |
|
Name of the University or Faculty or Examining or Licensing Body with full address |
.... |
|
Institution through which appeared for qualifying examination. |
.... |
Signature of the Applicant.
Declaration in respect of practice
(To be made before any Executive Magistrate not below the rank of a Taluka Magistrate). I ........................(here insert full name and address) declare that I am a Citizen of India. I further declare that I have been engaged in practice as a dentist as my principal means of livelihood for a period of not less than five years prior to the 15th November, 1961. Dated ...... day.......of..... 19 .Signature of the person making the declaration,
Before me.
Signature of the Magistrate.
Yours faithfully,
Dated the ...... day of .... 19Signature of the Applicant.
N. B. - Please give below a specimen of your signature as used by you on certificates.Specimen Signature ..............
Instructions
(1) All particulars given above must be filled by the applicant only. (2) All particulars should be in legible hand. (3) Strike out portions which are not applicable to your case.)Form E
(See rule 66)
Application for Registration of Additional Qualifications
To,I beg to apply for the registration of the additional qualifications of.......
which I have obtained from .... in The diplomas or certificates of the qualifications are enclosed herewith. These may be returned as soon as done with.I am already registered under the Dentists Act, 1948, and my registration No. is .....
The prescribed fee of Rs. 10 is sent herewith.
Address :
Dated ;
Yours faithfully,
......................
Signature of the Applicant.
