Section 1 Short title and extent.
(1) This Act may be called the Dentists Act, 1948.
(2) It extends to 1[the whole of India 2***.]
Section 2 Interpretation.
In this Act, Unless there is anything repugnant in the subject or context,--
(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 instruction in dental hygiene;
(c) "dental mechanic" means a person who makes or repairs denture and dental appliances;
(d) "dentistry" includes--
(i) the performance of any operation on, and the treatment on any disease, deficiency orlesion of, human teeth or jaws, and the performance of radiographic work in connection withhuman teeth or jaws or the oral cavity;
(ii) the giving of any anaesthetic in connection with any such operation or treatment;
(iii) the mechanical construction or the renewal of artificial dentures or restorative dentalappliances;
(iv) the performance of any operation on, or the giving of any treatment, advice or attendanceto, any person preparatory to, or for the purpose of, or in connection with, the fitting, inserting,fixing, constructing, repairing or renewing of artificial dentures or restorative dental appliances,and the performance of any such operation and the giving of any such treatment, advice orattendance, 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 authorityspecified or notified under section 3 of the Indian Medical Degrees Act, 1916 (7 of 1916), orspecified in the Schedules to the 1[Indian Medical Council Act, 1956 (102 of 1956),]2[or specified inany other law for the time being in force in any State,] or who practises any system of medicine and isregistered or is entitled to be registered in any 3[State] medical register by whatever name called;
(g) "prescribed" means prescribed by rules or regulations made under this Act;
(h) "4[State] Council" means a 4[State] Dental Council constituted under section 21, and includesa Joint 4[State] Council constituted in accordance with an agreement under section 22;
(i) "register" means a register maintained under this Act;
5[(j) "recognised dental qualification" means any of the qualifications included in the Schedule;]
(k) "recognised dental hygiene qualification" means a qualification recognisedby the Councilunder section 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 registerof dental hygienists and a register of dental mechanics.
6* * * * *
Section 2A Construction of references to laws not in force in Jammu and Kashmir.
2A. [Construction of references to laws not in force in Jammu and Kashmir.] Omitted by the Jammuand Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide Notification No. S.O.1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of CentralLaws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
Section 3 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 dental qualification elected by the dentistsregistered in Part A of each 1[State] register;
(b) one member elected from amongst themselves by the members of the Medical Council ofIndia;
2[3[(c) not more than four members elected from among themselves, by--
(a) Principals, Deans, Directors and Vice-Principals of dental colleges in the States trainingstudents 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 recogniseddental qualifications;]
(d) one member from each University established by law in the States which grants a recogniseddental qualification, to be elected by the members of the Senate of the University, or in case theUniversity has no Senate, by the members of the court, from amongst the members of the DentalFaculty of the University or in case the University has no Dental Faculty, from amongst the membersof the Medical Faculty thereof;
(e)one member to represent 4[each State 5***] nominated by the Government of each such Statefrom among persons registered either in a medical register or a dental register of the State;]
6[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 registereddentist possessing a recognised dental qualification and practising or holding an appointment in an institution for the training of dentists in a 7[Union territory] 8***;
9[(g) the Director General of Health Services, ex officio;]
Provided that pending the preparation of registers the 10[State] Governments may nominate to thefirst Council members referred to in parts (a) and (e) and the Central Government members referredto in part (f) out of persons who are eligible for registration in the respective registers and suchpersons shall hold office for such period as the 10[State] or Central Government may, by notification inthe Official Gazette, specify.
Section 4 Incorporation of Council.
The Council shall be a body corporate by the name of the DentalCouncil of India, having perpetual succession and a common seal, with power to acquire and holdproperty, both movable and immovable, and shall by the said name sue and be sued.
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