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DENTISTS ACT, 1948

DENTISTS ACT, 1948

16 of 1948

29th March 1948

STATEMENTS OF OBJECTS AND REASONS 1. "Excepts in Bengal, where there is a Provincial Dental Council established under a Provincial Act, there is no legal provision for the regulation of the education and training of dental practitioners or for the registration of qualified persons. There is also no restriction on the practice of dentistry by person without scientific training. It is well known that the practice of dentistry by untrained or inadequately trained persons may constitute a danger to the patient. It is accordingly proposed to constitute an Indian Dental Council, which will be empowered to lay down minimum standards of training, and Provincial Councils, which will maintain registers of persons entitled to practice dentistry. The Indian Dental Council will also be authorised to enter into agreements with corresponding authorities in other countries for the reciprocal recognition of qualifications. For the purposes of the preparation of the first register persons holding certain specified qualifications and persons who do not hold such qualifications but have practised dentistry for a minimum period of two years will be entitled to registration. Thereafter entry to the profession will be restricted to persons who have undergone a minimum standard of training. As the Indian Dental Council will have the responsibility of laying down standards of education and training, only dentists who have undergone such training and possess recognised qualifications will be entitled to be elected to the Council. In order that simple dental aid may be made available to the people on as wide a basis as possible, provision is made for the registration of dental hygienists who will be entitled to carry out simple extractions and perform minor dental work. Registered medical practitioners will be entitled to practice dentistry. The existing Bengal Denial Council will perform the functions of a Provincial Denial Council under this Act and persons registered under the Bengal Dental Act will be entitled to registration without payment of registration fee. In view of the provisions of

section 119 of the Government of India Act, 1935, persons who are not British subjects of Indian domicile and who are residents in British India and hold specified dental qualifications, will be admitted to the first register hut thereafter such persons will be entitled to registration only if their qualifications have been recognised by the Indian Dental Council in pursuance of a reciprocity agreement. The Indian Dental Council will be debarred from entering into a reciprocity agreement unless by the law and practice of the foreign country Indians are permitted to enter and practice dentistry in that country - Gazette of India, 1947. Pt. 5. p. 425. Act 12 of 1955:- The reasons given for the passing of the Dentists (Amendment) Act. 1955, (12 of 1955). are as follows : - "The Dentists Act, 1948 (16 of 1948), came into force with effect from the 29th March. 1948, in all the then Provinces of India. It has also been extended to the newly created Part C States, e.g. Himachal Pradesh, Vindhya Pradesh. and Bhopal. In consultation with the Government of Part B States, it is now proposed to extend it to all Part B States except Jammu and Kashmir. 2. Under the existing Act Indian citizens who did not possess any recognised dental qualifications, but had been engaged in practice as dentists as their principal means of livelihood for a period of not less than 5 years prior to the commencement of the Act. had been allowed registration under The Act at the time of first preparation of registers in States. Certain displaced persons who had migrated to India from Pakistan after the first preparation of the Registers and who did not possess any recognised dental qualifications but who had been engaged in The profession of dentistry for their livelihood in Pakistan claimed similar facilities for registration as were given to Indian citizens. Since it is not possible to accede to their request without amending the Act, it is proposed lo amend The Act for the purpose. 3. Under section 33 (2). temporary registration was allowed for a period of 5 years if one had been engaged in practice as a dentist as his principal means of livelihood for a period of not less than 2 years during five years prior to the commencement of the Act, but permanent registration to such persons is admissible only if they could pass within a period of 5 years after the commencement of the Act an examination which satisfies the requirements of the Council. Since enough training facilities for the dentists do not exist in the country many dentists who were temporarily registered under the Act could not qualify for permanent registration. In order to enable them to pass an examination, it is proposed to give them more time to pass the examination. For this purpose the five-years period is intended to be extended to 10 years. 4. Under section 3 (c) of the existing Act, 4 seats are available on the Dental Council of India to be filled by election from among themselves by the heads of dental colleges in States which grant recognised dental qualification. Since there is only one dental college in India which grants denial qualifications, the other 3 seats meant for the heads of Dental Colleges on the Dental Council of India have remained vacant . It is now proposed to fill the vacancies by throwing open the election to heads of dental colleges which train students for recognised dental qualifications. 5. Under the existing Act a foreign national is not entitled to registration even if he possesses a recognised dental qualification unless 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 a State or country. It is, therefore, proposed on grounds of expediency and propriety to permit. irrespective of considerations of reciprocity, foreigners holding reputable dental qualifications who are employed for teaching or research in dental institutions in the country, to have temporary registration for the period of their employment or for a period of five years whichever is shorter, provided that such foreigners do not practice dentistry for personal gain. This opportunity is also being taken to make some other minor and consequential amendments in the Act which have been found necessary during the past 6 years since its enactment. - S. O. R., Gaz., of Ind., l954, Extra., Pt. II., S.2. page 206. ACT 42 OF 1972:- The Dentists Act, 1948, extends to the whole of India except the State of Jammu and Kashmir. It has been decided with the concurrence of the Government of Jammu and Kashmir to extend the Act to the State of Jammu and Kashmir also. Under the existing provisions of the Act, the power to recognise dental qualificalions vests in the Dental Council of India. It is now proposed to vest this power in the Central Government. There is no provision in the Act for the appointment of Visitors by the Dental Council of India for the inspection of dental institutions. Since such inspection is considered desirable in the interest of dental education, it is proposed to make a provision for the appointment of Visitors. The rules of professional ethics adopted by the State Dental Councils vary from State to State. It is proposed to empower the Denial Council of India to prescribe standards of professional conduct, etiquette and a code of ethics for dentists in order to bring about uniformity in these rules, Certain displaced persons who had migrated to India from an area which is now known as Bangla Desh or have been repat riated from Burma or Ceylon and who did not possess any recognised dental qualifications but who had been engaged in the profession of dentistry for their livelihood in an area which is not known as Bangla Desh. Burma or Ceylon, are being provided facility for registration to enable them to practise dentistry. It is proposed to give effect to this proposal with effect from the date of commencement of the Dentists (Amendment) Act, 1972. Opportunity has also been taken to curry out certain amendments in the Act to enable the Dental Council of India to discharge its functions effectively. The Bill seeks to achieve the above objects S.O.R. Gaz., of India. 1-6-72. Pt. II.S.2. Ext. P. 598. ACT 30 of 1993 : - The Dentists Act, 1948 was enacted with the object of regulating the profession of dentistry and for that purpose to constitute Dental Councils. 2. The experience of the working of the Act has brought to light certain inadequacies. One of the most noticeable inadequacies has been the mushrooming of the dental colleges without adequate academic and training facilities as laid down in the regulations of the Dental Council of India. At present, the law does not require any one to seek the prior permission of Dental Council of India before establishing a new dental college or for adding a new course of study or post- graduate course or for increasing the capacity of 'students in any existing college, taking advantage of these legal lacumae dental colleges were being established after obtaining the permission of the State Government and affiliation from the University concerned. After the students had put in two or three years of study, such colleges were approaching the Dental Council of India for recognition. The Dental Council of India is not in a position to stop the functioning of such colleges at that stage as such a step would invariably harm the future prospects of the students and result in allegations of victimisation. 3. The Dental Council of India has been examining modifications in the Act, to enable the Council to discharge its duties more effectively and exercise better control on maintenance of standards at the instance of the Central Government. In the meantime, instances of private colleges being permitted to start dental courses by State Govern- ments without making provision for the requisite infrastructural facilities, necessitated, urgent action to be taken to check further proliferation. The President , therefore promulgated the Dentists (Amendment) Ordinance, 1992 (Ordinance 14 of 1992) on the 27th August, 1992 to amend the Dentists Act by incorporating therein provisions for prior permission of the Central Government for establishing any new dental college and for starting any new or higher course of study or training or increase in the admission capacity in any existing college. Any person desirous of starting a new dental college, etc, will be required to apply to the Central Government in the form prescribed by the Dental Council of India. 4. The Bill seeks to replace the aforesaid ordinance. - See Gaz. of India . 26-11-1992. Pt. II S. 2, Ext., P,13 (No. 58)

An Act to regulate the profession of dentistry. Whereas it is expedient to make provision for the regulation of the profession of dentistry and for that purpose to constitute Dental Councils : It is hereby enacted as follows :-The Act is extended to the merged States in Bombay: see Bom. Act 4 of 1950. Section 3 ( 1 ). The Act has now been extended to the Union Territories of - (i) Dadra and Nagar Haveli by Reg. 6 of 1963 (1-7-1965): (ii) Pondicherry

2by Reg. 7 of 1963 ( 1-10-1963) (iii) Goa, Daman and Diu by Regn. 11 of 1963 (15-4.1963). The Act was applied to the Union Territory of Himachal Pradesh by Himachal Pradesh (Application of Laws) Order. 1948. with effect from 25-12-1948. II.P. is a State now - See Act 53 of 1970.

SECTION 01: SHORT TITLE AND EXTENT

(1) This Act may be called the Dentists Act, 1948.

(2) It extends to the whole of India3[******].

SECTION 02: INTERPRETATION

- In this Act, unless there is anything repugnant in the subject or contest, -

(a) "the Council" means the Dental Council of India constituted under section 3;

(b) "dental hygienist" means a person not being a dentist or a medical practitioner, who scales, cleans or polishes teeth, or gives instructions in dental hygiene;

OBJECTS AND REASONS Section 2 (b)- "The expression "simple extraction" is rather vague. Therefore, carrying out of simple extraction has been excluded from the functions of the dental hygienist."-S.C.R.

(d) "dentistry" includes -

(i) the performance of any operation on, and the treatment on any discase, deficiency or lesion of, human teeth or jaws, and the performance of radiographic work in connection with human teeth or jaws or the oral cavity.

(ii) the giving of any anaethetic in connection with any such operation or treatment;

(iii) the mechanical construction or the renewal of artificial dentures or restorative dental appliances;

(iv) the performance of any operation on, or the giving of any treatment, advice or attendance to, any person preparatory to, or for the purpose of, or in connection with, the filling, inserting, fixing, constructing, repairing or renewing of artificial dentures or restorative dental appliances, and the performance of any such opera- tion and the giving of any such treatment, advice or attendance, as is usually performed or given by dentists;

(e) "dentist" means a person who practises dentistry:

(f) "medical practitioner" means a person who holds a qualification granted by an authority specified or notified undersection 3 of the Indian Medical Degrees Act, 1916-, or specified in the Schedules to the5[Indian Medical Council Act, 1956],4[or specified in any other law for the time being in force in any State,] or who practises any system of medicine and is registered or is entitled to be registered in any6[State] Medical Register by whatever name called;

OBJECTS AND REASONS Section 2 (f) - "The definition of the words "medical practitioner" has been amplified to cover all medical practitioners registered or entitled to be registered."- S.C.R.

(g) "prescribed" means prescribed by rules or regulations made under this Act;

(h) "State Council" means a State Dental Council constituted undersection 21, and includes a joint State Council constituted in accordance with an agreement undersection 22;

(i) "register" means a register maintained under this Act;

7(j) "recognised dental qualification" means any of the qualifications included in the Schedule;]

(k) "recognised dental hygiene qualification" means a qualification recognised by the Council undersection 11-:

(l) "registered dentist", "registered dental hygienist" and "registered dental mechanic" shall mean, respectively, a person whose name is for the time being registered in a register of dentists, a register of dental hygienists and a register of dental mechanics.

8[(m) * * *]

SECTION 2A: CONSTRUCTION OF REFERENCES TO LAWS NOT IN FORCE IN JAMMU AND KASHMIR

- Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.]

SECTION 03: CONSTITUTION AND COMPOSITION OF COUNCIL

- The Central Government shall, as soon as may be, constitute a Council consisting of the following members, namely: -

(a) one registered dentist possessing a recognised denial qualification elected by the dentists - registered in Part A of each10[State] register;

(b) one member elected from amongst themselves by the members of the Medical Council of India;

11[(c) not more than four members elected from among themselves, by -

(a) Principals, Deans, Directors and Vice-Principals of dental colleges in the States training students for recognised dental qualifications : Provided that not more than one member shall be elected from the same dental college;

(b) Heads of dental wings of medical colleges in the States training students for recognised dental qualifications:]

(d) one member from each University established by law in the States which grants a recognized dental qualification, to be elected by the members of the Senate of the University, or in case the University has no Senate, by the members of the Court, from amongst the members of the Dental Faculty of the University or in case the University has no Dental Faculty, from amongst the members of the Medical Faculty thereof;

(e) one member to represent12[each State13[ * * * * * * * * * * * * * *] nominated by the Government of each such State from among persons registered either in a medical register or a dental register of the State;]14[Explanation: - In this clause, "State" does not include a Union territory;]

(f) six members nominated by the Central Government, of whom at least one shall be a registered dentist possessing a recognised dental qualification and practising or holding an appointment in an institution for the training of dentists in a15[Union territory] and at least two shall be dentists registered in Part B of a10[State] Register;

16[(g) the Director General of Health Services, ex officio :] Provided that pending the preparation of registers the10[State] Governments may nominate to the First Council members referred to in parts (a) and (e) and the Central Government members referred to in part (f) out of persons who are eligible for registration in the respective registers and such persons shall hold office for such period as the10[State] or Central Government may, by notification in the Official Gazette, specify.

SECTION 04: INCORPORATION OF COUNCIL

- The Council shall be a body corporate by the name of the Dental Council of India; having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and shall by the said name sue and be sued.

SECTION 05: MODE OF ELECTIONS

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

SECTION 06: TERM OF OFFICE AND CASUAL VACANCIES

(1) Subject to the provisions of this section an elected or nominated member shall hold office for a term of five years from the date of his election or nomination or until his successor has been duly elected or nominated, whichever is longer.17[Provided that a member nominated under clause (e) or clause (f) ofsection 3-, 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 if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive ordinary meetings of the Council or in the case of a member whose name is required to be included in18[State] register, if his name is removed from such register, or if he has been elected under cl. (c) ofsection 3-20[if he ceases to hold his appointment as the19[Principal, Dean, Director or Vice-Prin- cipal] of a dental college, or as18[the Head of the dental Wing] of a medical college], or if he has been elected under clause (b) or(d) ofsection 3-, if he ceases to be a member of the Medical Council of India or21[the Dental or Medical Faculty] of the University, as the case may be.

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

(5) Members of the Council shall be eligible for re-election or re-nomination.

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

SECTION 07: PRESIDENT AND VICE VICE--PRESIDENT OF COUNCIL

(1) The President and Vice-President of the Council shall be elected by the members thereof from among themselves: Provided that on the first constitution of the Council and until the President is elected, a member of the Council nominated by the Central Government in this behalf shall discharge the functions of the President: Provided further that for five years from the first constitution of the Council, the President shall, if the Central Government so decides, be a person nominated by the Central Government who shall hold office during the pleasure of the Central Government, and where he is not already a member, shall be a member of the Council in addition to the members referred to insection 3-.

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

SECTION 08: STAFF, REMUNERATION AND ALLOWANCES

(1) The Council shall-

(a) appoint a Secretary who may also, if so decided by the Council act as Treasurer;

(b) appoint such other officers and servants as the Council deems necessary lo enable it to carry out its functions under this Act:

(c) require and take from the Secretary or from any other officer or servant such security for the due performance of his duties as the Council considers necessary: and

(d) with the previous sanction of the Central Government, fix the fees and allowances of the President, Vice- President and other members of the Council, and the pay and allowances and other conditions of service of officers and servants of the Council.

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

SECTION 09: THE EXECUTIVE COMMITTEE

(1) The Council shall constitute from among its members an Executive Committee, and may so constitute other Committees for such general or special purposes as the Council considers necessary for carrying out its functions under this Act.

(2) The Executive Committee shall consist of the President and Vice-President ex officio22[and the Director-General of Health Services ex officio,] and five other members selected by the Council.

(3) The President and Vice-President of the Council shall be Chairman and Vice-Chairman respectively, of the Executive Committee.

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

(5) In addition to the powers and duties conferred and imposed on it by this Act, the Executive Committee shall exercise and discharge such powers and duties as may be prescribed.

SECTION 10: RECOGNITION OF DENTAL QUALIFICATIONS

(1) The dental qualifications, granted by any authority or institution in India, which are included in Part I of the Schedule shall be recognised dental qualifications for the purposes of this Act.

(2) Any authority or institution in India which grants a dental qualification not included in Part I of the Schedule may apply to the Central Government to have such qualification recognised and included in that Part, and the Central Government, after consulting the Council, and after such inquiry, if any, as it may think fit for the purpose, may, by notification in the Official Gazette, amend Part I of the Schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in Part I of the Schedule against such dental qualification declaring that it shall be a recognised dental qualification only when granted after a specified date.

(3) (a) The dental qualifications, granted by any authority or institution outside India, which are included in Part II of the Schedule shall be recognised dental qualifications only for the purposes of the registration of citizens of India when the register is first prepared under this Act.

(b) Where any dental qualification granted by any authority or institution outside India, and held by a citizen of India, is recognised for the purposes of the register when it is first prepared, after the commencement of the Dentists (Amendment) Act, 1972, the Central Government may, after consultation with the Council, by notification in the Official Gazette, amend Part II of the Schedule so as to include therein the dental qualification so recognised.

(4) (a) The dental qualifications granted by any authority or institution outside India, which are included in Part III of the Schedule, shall be recognised dental qualifications for the purposes of this Act, but no person possessing any such qualification, shall be entitled for registration unless he is a citizen of India.

(b) Where any dental qualification granted by any authority or institution outside India, and held by a citizen of India, is recognised, except on reciprocal basis, after the commencement of the Dentists (Amendment) Act, 1972, the Central Government may, after consultation with the Council, by notification in the Official Gazette, amend Part III of lhe Schedule so as to include therein the dental qualification so recognised.

(5) The Council may enter into negotiations with any authority or inslilulion in any State or country outside India which, by law of any such State or country, is entrusted with the

maintenance of a register of dentists, for the setting of a scheme of reciprocity for the recognition of dental qualifications and in pursuance of any such scheme, the Central Government may, by notification in the Official Gazette declare that any such qualification granted by any authority or institution in any such State or country, or such qualification, only when granted afler a specified date, shall be a recognised dental qualification for the purposes of this Act, and any such notification may provide for an amendment of the Schedule and may also direct that any such dental qualification as is specified in the notification shall be entered in the Schedule as so amended.

(6) The Central Government may, after consultation with the Council, by notification in Official Gazette, amend the Schedule by directing that an entry be made therein in respect of any dental qualification declaring that it shall be a recognised dental qualification only when granted before a specified dale.]

SECTION 10A: PERMISSION FOR ESTABLISHMENT OF NEW DENTAL COLLEGE, NEW COURSES OF STUDY ETC

(1) Notwithstanding anything contained in this Act or any other law for the time being in force, -

(a) no person shall establish an authority or institution for a course of study or training (including a postgraduate course of study or training) which would enable a student of such course or training to qualify himself for the grant of recognised dental qualification; or

(b) no authority or institution conducting a course of study or training (including a post- graduate course of study or training) for grant of recognised dental qualification shall-

(i) open a newer higher course of study or training (including a post -graduate course of study or training) which would enable a student of such course or training to qualify himself for the award of any recognised dental qualification; or

(ii) increase its admission capacity in any course of study or training (including a post -graduate course of study or training). except with the previous permission of the Central Government obtained in accordance with the provisions of this section.

Explanation 1 - For the purposes of this section, "person" includes any University or a trust but docs not include the Central Government.

Explanation 2 - For the purposes of this section, "admission capacity", in relation to any course of study or training (including a post-graduate course of study or training)in an authority or institution granting recognized denial qualification, means the maximum number of students that may be fixed by the Council from time to time for being admitted to such course or training.

(2) (a) Every person, authority or institution granting recognised dental qualification shall, for the purpose of obtaining permission under sub -section (1), submit to the Central Government a scheme in accordance with the provisions of clause (b) and the Central Government shall refer the said scheme to the Council for its recommendations.

(b) The scheme referred lo in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with such fee as may be prescribed.

(3) On receipt of a scheme by the Council under sub-section (2), the Council may obtain such other particulars as may be considered necessary by it from the person, authority or institution concerned, granting recognised dental qualification and thereafter, it may.-

(a) if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person, authority or institution concerned for making a written representation and it shall be open to such person, authority or institution to rectify the defects, if any, specified by the Council;

(b) consider the scheme, having regard to the factors referred to in sub-section (7), and submit the scheme together with its recommendations thereon to the Central Government,

(4) The Central Government may, after considering the scheme and the recommendations of the Council under sub - section (3) and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person, authority or institution concerned, and having regard to the factors referred to in sub -section (7), either approve (with such conditions, if any, as it may consider necessary) or disapprove the scheme and any such approval shall be permission under sub -section (1) : Provided that no scheme shall be disapproved by the Central Government except after giving the person, authority or institution concerned granting recognised dental qualification a reasonable opportunity of being heard : Provided further that nothing in this sub-section shall prevent any person, authority or institution whose scheme has not been approved to submit a fresh scheme and the provisions of this section shall apply lo such scheme, as if such scheme has been submilted for the first time under sub-section (2).

(5) Where within a period of one year from the date of submission of the scheme to the Central Government under sub -section (2), no order passed by the Central Government has been communicated to the person, authority or institution submitting the scheme, such scheme shall be deemed to have been approved by the Central Government in the form in which it had been submitted, and accordingly, the permission of the Central Government required under sub -section (1) shall also be deemed to have been granted.

(6) In computing the time-limit specified in sub-section (5), the time taken by the person, authority or institution concerned submitting the scheme in furnishing any particulars called for by the Council or by the Central Government, shall be excluded.

(7) The Council, while making its recommendations under clause (b) of sub-section (3) and the Central Government, while passing an order either approving or disapproving the scheme under sub-section (4), shall have due regard to the following factors, namely: -

(a) whether the proposed authority or institution for grant of recognised dental qualification or the existing authority or institution seeking to open a new or higher course of study or training, would be in a position to offer the minimum standards of dental education in conformity with the requirements referred to insection 16A-and the regulations made under sub-section (1) ofsection 20 -;

(b) whether the person seeking to establish an authority or institution or the existing authority or institution seeking to open a new or higher course of study or training or to increase its admission capacity has adequate resources;

(c) whether necessary facilities in respect of staff, equipment, accommodation, training and other facilities to ensure proper functioning of the authority or institution or conducting the new course of study or training or accommodating the increased admission capacity have been provided or would be provided within the timelimit specified in the scheme;

(d) whether adequate hospital facilities, having regard to the number of students likely to attend such authority or institution or course of study or training or as a result of the increased admission capacity have been provided or would be provided within the time-limit specified in the scheme;

(e) whether any arrangement has been made or programme drawn to impart proper training to students likely to attend such authority or institution or course of sludy or training by persons having the recognised dental qualifications;

(f) the requirement of manpower in the field of practice of dentistry : and

(g) any other factors as may be prescribed.

(8) Where the Central Government passes an order either approving or disapproving a scheme under this section, a copy of the order shall be communicated to the person, authority or institution concerned.

SECTION 10B: NON-RECOGNITION OF DENTAL QUALIFICATIONS IN CERTAIN CASES

(1) Where any authority or institution is established for grant recognised dental qualification except with the previous permission of the Central Government in accordance with the provisions ofsection 10A-, no dental qualification granted to any student of such authority or institution shall be a recognised dental qualification for the purposes of this Act.

(2) Where any authority or institution granting recognised dental qualification opens a new or higher course of study or training (including a post-graduate course of study or training) except with the previous permission of the Central Government in accordance with the provisions ofsection 10A-, no dental qualification granted to any student of such authority or institution on the basis of such study or training shall be a recognised dental qualification for the purposes of this Act.

(3) Where any authority or institution granting recognised dental qualification increases its admission capacity in any course of study or training (including a post-graduate course of study or training) except with the previous permission of the Central Government in accordance with the provisions ofsection 10A-, no dental qualification granted to any student of such authority or institution on the basis of the increase in its admission capacity shall be a recognised dental qualification for the purposes of this Act.

Explanation.- For the purposes of this section, the criteria for identifying a student who has been granted a denial qualificalion on the basis of such increase in the admission capacity shall be such as may be prescribed.

SECTION 10C: TIME TOR SEEKING PERMISSION FOR CERTAIN EXISTING AUTHORITIES

(1) If. after the 1st day of June, 1992 and on and before the commencement of the Dentists (Amendment) Act, 1993 any person has established an authority or institution for grant of recognised dental qualification or any authority or institution granting recognised dental qualification has opened a new or higher course of study or training (including a post-graduate course of study or training) or increased its admission capacity, such person, authority or institution, as the case may be, shall seek, within a period of one year from the commencement of the Dentists (Amendment) Act, 1993, the permission of the Central Government in accordance with the provisions ofsection 10A-.

(2) If any person or, as the case may be, any authority or institution granting recognised dental qualification fails to seek the permission under sub-section (1), the provisions ofsection 10B-shall apply so far as may be, as if permission of the Central Government undersection 10A-has been refused.]

SECTION 11: QUALIFICATIONS OF DENTAL HYGIENISTS

- Any authority in a²⁵[State]²⁶[**] which grants a qualification for dental hygienists may apply to the Council to have such qualification, recog- nised,²⁷and the Council may, after such inquiry, if any, as it thinks fit, and after consulting the Government and the²⁸[State] Council of the²⁵[State] in which the authority making the application is situated, declare that such qualification, or such qualification only when granted after a specified date, shall be a recognised dental hygiene qualification for the purposes of this Act.

SECTION 12: QUALIFICATIONS OF DENTAL MECHANICS

- The Council may prescribe the period and nature of an apprenticeship or training which shall be undergone and the other conditions which shall be satisfied by a person before he is entitled to be registered under this Act as a dental mechanic.

SECTION 13: EFFECT OF RECOGNITION

- Notwithstanding anything contained in any other law, but subject to the provisions of this Act, -

(a) any recognised dental or dental hygiene qualification shall be a sufficient qualification for enrolment in the appropriate register of any29 [State];

(b) no person shall, after the first registers arc compiled under this Act, be entitled to be enrolled in any register as a dentist or dental hygienist unless he holds a recognised dental or dental hygiene qualification or as a dental mecha

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