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THE DENTISTS ACT, 1948

Title : THE DENTISTS ACT, 1948

Year : 1948



(1) The Council shall furnish copies of its minutes and of the minutes of the Executive Committee and an annual report of its activities together with an abstract of its accounts to the Central Government.

(2) The Central Government may publish in such manner as it thinks fit any report, copy or abstract furnished to it under this section.



(1) The Council may, with the approval of the Central Government,1*[by notification in the Official Gazette] make regulations not inconsistent with the provisions of this Act to carry out the purposes of this Chapter.

(2) In particular and without prejudice to the generality of the foregoing power such regulations may-

(a) Provide for the management of the property of the Council2[**]

(b) Prescribe the manner in which elections under this Chapter shall be conducted;

(c) Provide for the summoning and holding of meeting of the Council and the Executive Committee, the times and places at which such meetings shall be held, the conduct of business thereat and the number of members necessary to constitute a quorum;

(d) Prescribe the functions of the Executive Committee;

(e) Prescribe the powers and duties of the President and Vice- President;

(f) Prescribe the tenure of office and the powers and duties of the Secretary,2*[and other officers and servants of the Council, and Inspectors, and Visitors appointed by the Council);

4*[(fa) Prescribe the form of the scheme, the particulars to be given in such scheme, the manner in which the scheme is to be preferred and the fee payable with the scheme under clause (b) of sub-section (2) of section 10A;

(fb) Prescribe any other factors under clause (g) of sub-section (7) of section 10A;

(fc) Prescribe the criteria for identifying a student who has been granted a denial qualification referred to in the Explanation to sub-section (3) of section 10B;]

(g) Prescribe the standard curricula for the training of dentists and dental hygienists, and the conditions for admission to courses of such training;

(h) Prescribe the standards of examinations and other requirements to be satisfied to secure for the qualifications recognition under this Act:

(i) Any other matter which is to be or may be prescribed under this Act:

Provided that regulations under clauses (g) and (h) shall be made after consultation with5[State] Governments.

(3) To enable the Council to be first constituted the Central Government may make regulations for the conduct of the elections to the Council, and any regulation so made may be altered or rescinded by the Council in exercise of its powers under this section.

6*[(4) Every regulation made under this section 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 regulation or both Houses agree that the regulation should not be made, the regulation 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 regulation.]

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1. Inserted by the Delegated Legislation Provisions (Amdt.) Act, 1985(4 of 1986).Section.2, Schedule.Ent.22 (1)(i) (15-5-1986).

2. Words "and the maintenance and audit of its accounts" omitted by Dentists (Amdt.) Act (42 of 1972.) Section.14 (1-11-72).

3. Substituted for words "Inspectors and other officers and servants of the Council", by Dentists (Amdt.) Act (42 of 1972.) Section.14 (1-11-72).

4. Inserted by the Dentists (Amdt.) Act. 1993 (30 of 1993). S.3(w.r.e.f. 27-8-1992).

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

6. Inserted by the Delegated Legislation Provisions (Amdt.) Act, 1985(4 of 1986).Section.2, Sch.Ent.22 (1) (i). Section.2 Schedule. Ent. 22(1) (ii) (15-5-1986).

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Except where a Joint1*[State] Council is constituted in accordance with an agreement made under section 22, the1*[State] Government shall constitute a1*[State] Council consisting of the following members, namely: -

(a) Lour members elected from among themselves by dentists registered in Part A of the1*[State] register;

(b) Four members elected from among themselves by dentists registered in Part B of the1*[State] register;

2*[(c) The heads of dental colleges, if any, in the1*[State] which train students for any of the recognised dental qualifications included in Part I of the Schedule, ex officio;]

(d) One member elected from amongst themselves by the members of the Medical Council or the Council of Medical Registration of the1[State] as the case may be;3[* *]

(e) Three members nominated by the1[State] Government;3*[and]

3*[(f) The Chief Medical Officer of the State, by whatever name called, ex officio:]

4*[Provided that in the State of Saurashtra5[as it existed before the 1st November 1956], the State Dental Council constituted under Saurashtra Ordinance XXV of 1948. as amended by Saurashtra Ordinance XL of 1949, shall be deemed to be the State Council constituted under this Act.]

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1. Substituted for 'Province' or 'Provincial' by A.L.O.. 1950.

2. Substituted for original clause (c) by the Dentists (Amdt.) Act, 1955 (12 of 1955), Section. 7(16-4-1955).

3. Word "and" at the end of cl. (d) omitted and inserted at the end of cl.(e), cl. (f) inserted by Dentists (Amdt.) Act (42 of 1972) Section. 15 (a) (b) and (c) respectively (1-11-1972).

4. This Proviso was inserted ibid. The original Proviso was omitted by the Dentists (Amdt.) Act, 1950 (58 of 1950). Section. 2 (w.e.f. 1-11-1950). Saurashtra is in Gujarat now.

5. Inserted by 3 A.L.O., 1956.

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(1) Two or more1*[State] Governments may enter into an agreement to be in force for such period and to be subject to renewal for such further periods, if any, as may be specified in the agreement, to provide-

(a) For the constitution of a Joint1*[State] Council for all the participating States, or

(b) For the1[State] Council of one1*[State] to serve the needs of the other participating States.

(2) In addition to such matters as are in this Act specified, an agreement under this section may-

(a) Provide for the apportionment between the participating 2*[States] of the expenditure in connection with the State Council or Joint1*[State] Council;

(b) Determine which of the participating1*[State] Governments shall exercise the several functions of the1*[State] Government under this Act, and the references in this Act to the1*[State] Government shall be construed accordingly;

(c) Provide for consultation between the participating1*[State] Governments either generally or with reference to particular mailers arising under this Act;

(d) Make such incidental and ancillary provisions, not inconsistent with this Act, as may he deemed necessary or expedient for giving effect to the agreement

(3) An agreement under this section shall be published in the Official Gazette of the participating6[States].

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1. Substituted for 'Province' or 'Provincial' by A.L.O.. 1950.

2. Substituted for the word "Provinces" by A.L.O.1950.

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A Joint1*[State] Council shall consist of the following members, namely: -

(a) Two members elected from among themselves by demists registered in Part A of the register of each of the participating2*[States];

(b) Two members elected from among themselves by dentists registered in Part B of the register of each of the participating2*[States];

3*[(c) The heads of dental colleges, if any, in all the participating States which train students for any of the recognised denial qualifications included in Part I of the Schedule, ex officio;)

(d) One member elected by the Medical Council or the Council of Medical Registration, of each participating State, as the case may be;

(e) Two members nominated by each participating a[State] Government;

4*[(f) The Chief Medical Officer of each participating State, by whatever name called, ex officio:]

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1. Substituted for 'Province' or 'Povincial' by A.L.O.. 1950.

2. Substituted for the word "Provinces" by A.L.O.1950.

3. Substituted for the original clause (c) by the Dentists (Amdt.) Act, 1955 (12 of 1955). Section.8 (15-4-1955).

4. Clause. (f) inserted by Dentists (Amdt.) Act (42 of 1972) Section. 16 (1-11-72).

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Every1*[State] Council shall be a body corporate by such name as may be notified by the1*[State] Government in the Official Gazette or, in the case of a Joint1*[State] Council, as may be determined in the agreement, having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and shall by the said name sue and be sued.

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1. Substituted for 'Province' or 'Povincial' by A.L.O.. 1950.

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(1) The President and Vice-President of the1*[State] Council shall be elected by the members from among themselves:

Provided that for the five years from the first constitution of the1*[State] Council, the President shall, if the1*[State] Government so decides, be a person nominated by the1*[State] Government who shall hold office during the pleasure of the1*[State] Government, and where he is not already a member, shall be a member of the1*[State] Council in addition to the members referred to in section 21 or 23, as the case may be.

(2) The President or Vice-President shall hold office as such for a term not exceeding five years and not extending beyond the expiry of his term as a member of the1*[State] Council, but subject to his being a member of the1*[State] Council, he shall be eligible, for re-election.

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1. Substituted for 'Province' or 'Provincial' by A.L.O.. 1950.

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Elections under this Chapter shall be conducted in the prescribed manner, and where any dispute arises regarding any such election, it shall be referred to the1*[State] Government whose decision shall be final.

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1. Substituted for 'Province' or 'Provincial' by A.L.O.. 1950.

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(1) Subject to the provisions of this section, an elected or nominated member shall hold office for a term of five years from the date of his election or nomination or until his successor has been duly elected or nominated whichever is longer.

1*[Provided that a member nominated under clause (e) of section 21 or clause (e) of section 23, shall hold office during the pleasure of the authority nominating him.]

(2) An elected or nominated member may at any time resign his membership by writing under his hand addressed to the President, and the seat of such member shall thereupon become vacant.

(3) An elected or nominated member shall be deemed to have vacated his seat -

(a) If he is absent without excuse, sufficient in the opinion of the 2*[State] Council, from three consecutive ordinary meeting of the 2*[State] Council, or

(b) In the case of a member whose name is required to be included in any 2*[State] register, if his name is removed from the register, or

(c) Where he has been elected under clause (d) of section 21 or under clause (d) of Section 23, if he ceases to be a member of the Medical Council or the Council of Medical Registration of the2[State] as the case may be.

(4) A casual vacancy in the 2*[State] Council shall be filled by fresh election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he lakes was elected or nominated.

(5) Members of the 2*[State] Council shall be eligible for re-election or renomination.

(6) No act done by the2*[State] Council shall be called in question on the ground merely of the existence of any vacancy in, or defect in the constitution of, the2*[State] Council.

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1. Inserted by Dentists (Amdt.) Act. (42 of 1972) Section. 17(1-11- 72).

2. Substituted for 'Province' or 'Provincial' by A.L.O.. 1950.

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(1) The1*[State] Council may, with the previous sanction of the1*[State] Government,-

(a) Appoint a Registrar, who shall also act as Secretary and if so decided by the1*[State] Council also as its Treasurer;

(b) Appoint such other officers and servants as may be required to enable the1*[State] Council to carry out its functions under this Act;

(c) Require and take from the Registrar or from any other officer or servant such security for the due performance of his duties as the1*[State] Council considers necessary;

(d) Fix the salaries and allowances and other conditions of service of the Registrar and other officers and servants of the State Council;

(e) Fix the rate of allowances payable to members of the State Council.

(2) Notwithstanding anything contained in clause (a) of sub- section (1) for the first four years from the first constitution of the State Council, the Registrar of the State Council shall be a person appointed by the State Government who shall hold office during the pleasure of the State Government.

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1. Substituted for 'Province' or 'Provincial' by A.L.O.. 1950.

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(l)The1*[State] Council shall constitute from among its members an Executive Committee consisting of the President and Vice-President ex officio 2*[and the Chief Medical Officer of the State or the States concerned by whatever name called, ex officio,] and such number of other members elected by the1*[State] Council as may be prescribed.

(2) The President and Vice-President of the1[State] Council shall be Chairman and Vice-Chairman, respectively, of the Executive Committee.

(3) A member of the Executive Committee shall hold office as such until the expiry of his term of office as member of the1*[State] Council, but subject to his being a member of the1*[State] Council, he shall be eligible for re-election.

(4) The Executive Committee shall exercise and discharge such powers and duties as may be prescribed.

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1. Substituted for 'Province' or 'Provincial' by A.L.O.. 1950.

2. Inserted by Dentists (Amdt.) Act (42 of 1972) S. 18 (1-11-72).

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(1) The1*[State] Council shall furnish such reports copies of its minutes and of the minutes of the Executive Committee, and abstracts of its accounts to the1*[State] Government as the1*[State] Government may from time to time require and shall forward copies of all material so furnished to the1*[State] Government to the Council.

(2) The1*[State] Government may publish in such manner as it thinks fit any report, copy or abstract furnished to it under this section.

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1. Substituted for 'Province' or 'Provincial' by A.L.O.. 1950.

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(1) The1*[State] Government shall as soon as may be cause to be prepared in the manner hereinafter provided a register of dentists for the1*[State].

(2) The1*[State] Council shall upon its constitution assume the duty of maintaining the register in accordance with the provisions of this Act.

(3) The register of dentists shall be maintained in two Parts A and B persons possessing recognised dental qualifications being registered in Part A and persons not possessing such qualifications being registered in Part B.

(4) The register shall include the following particulars, namely. -

(a) The full name, nationality and residential address of the registered person;

(b) The date of his first admission to the register;

(c) His qualification for registration, and the date on which he obtained his degree or diploma in dentistry, if any, and the authority which conferred it;

(d) His professional address; and

(e) Such further particulars as may be prescribed.

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1. Substituted for the words "Province" or "Provincial" by A.L.O. 1950.

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(1) For the purpose of first preparing the register of dentists, the1*[State] Government shall, by notification in the Official Gazette, constitute a Registration Tribunal consisting of three persons and shall also appoint a Registrar who shall act as Secretary of the Tribunal.

(2) The1*[State] Government shall, by the same or a like notification, appoint a date on or before which application for registration, which shall be accompanied by the prescribed fee, shall be made to the Registration Tribunal.

(3) The Registration Tribunal shall examine every application received on or before the appointed dale, and if it is satisfied that the applicant is qualified for registration under section 33, shall direct the entry of the name of the applicant on the register.

(4) The register so prepared shall thereafter be published in such manner as the1*[State] Government may direct, and any person aggrieved by a decision of the Registration Tribunal expressed or implied in the register as so published may within thirty days from the date of such publication, appeal to the authority appointed by the1*[State] Government in this behalf by notification in the Official Gazette.

(5) The Registrar shall amend the register in accordance with the decisions of the authority appointed under sub-section (4) and shall thereupon issue to every person whose name is entered on the register a certificate of registration in the prescribed form.

(6) Upon the constitution of the1*[State] Council the register shall be given into its custody, and the1*[State] Government may direct that all or any specified part of the application fees for registration in the first register shall be paid to the credit of the1*[State] Council.

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1. Substituted for the words "Province" or "Provincial" by A.L.O. 1950.

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(1) A person shall be entitled on payment of the prescribed fee to have his name entered on the register when it is first prepared, if he resides carriers on the profession of dentistry in the1*[State] and if he -

(a) Holds a recognised dental qualification, or

(b) Does not hold such a qualification but, being a2*[citizen of India], has been engaged in practice as a dentist as his principal means of livelihood for a period of not less than five years prior to3*[the date appointed under sub-section (2) of section 32]:

Provided that no person other than a2[Citizen of India] shall be entitled to registration by virtue of a qualification -

(a) Specified in Part I of the schedule unless by the law and practice of the State or country to which such person belongs persons of Indian origin holding dental qualifications registrable in that State or country are permitted to enter and practice the profession of dentistry in such State or country or

4*[(b) Recognised in pursuance of a scheme of reciprocity, under sub-section (5) of section 10:]

Provided further
that a person shall be entitled to registration by virtue of a qualification specified in5*[Part II] of the Schedule only if he is a 2*[citizen of India]:

6*[Provided further that for the purpose of the first preparation of the register of dentists under this Act, a person shall be entitled to have his name entered in the appropriate part of the register without payment of any registration fee,-

(a) In the state of Saurashtra 7*[as it existed before the 1st November, 1956], if he is registered on the register of dental practitioners maintained under Saurashtra ordinance No. XXV of 1948, as amended by Saurashtra Ordinance No. XL of 1949; or

(b) In the State of Travancore-Cochin7*[as it existed before the 1st November, 1956], if he is registered on the register of dental practitioners maintained under the Travancore Medical Practitioners Act, 1119;]8*[or]

8*[(c) In the State of Jammu and Kashmir, if he is registered on the register of dental practitioners maintained under the Jammu and kashmir Dentists Act, 1958.)

(2) A person domiciled in a1*[State] 9[* *] shall be entitled on payment of the prescribed fee to temporary registration as a dentist for a period of five years, if he has been engaged in practice as a dentist as his principal means of livelihood for a period of not less than two years during the five years prior to10*[the date appointed under sub-section (2) of section 32], and a person so registered shall be entitled to permanent registration if11*[for a period of five years from the date of his temporary registration he has been engaged in practice as a dentist.]

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1. Substituted for the words "Province" or "Provincial" by A.L.O. 1950.

2. Substituted for the words "British subject of Indian domicile" by A.L.O.,1950.

3. Substituted for "the commencement of this Act" by the Dentists (Amdt.) Act. 1455 (12 of 1955): S.9 (15-4-1955).

4. Clause (b) of Proviso substituted by Dentists (Amdt.) Act (42 of 1972) S. 19 (1-11-72).

5. Substituted for words ''Part III", by Dentists (Amdt.) Act (42 of 1972) S. 19 (1-11-72).

6. Substituted for the last proviso, by Dentists (Amdt.) Act (42 of 1972) S. 19 (1-11-72).

7. Inserted by 3 A.L.O. 1956
8. Word 'or' inserted by Dentists (Amdt.) Act (42 of 1972), S. 19 (1-11-72).

9. The words "of India" were omitted by A.L.O.. 1950.

10. Substituted for "the date of the commencement of this Act" by Act 12 of 1955. S. 9 (15-4-1955).

11. Substituted for "within a period of five years after that date he passes an examination which satisfies the requirements of the Council." by Act 12 of 1955. S. 9 (15-4-1955).

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Last updated on August, 2016

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