Dentists Act, 1948- Sections 21 to 30

Chapter III

[i][STATE] DENTAL COUNCILS

21. Constitution and Composition of State Councils.

21. Constitution and Composition of State Councils.—Except where a Joint [ii][State] Council is constituted in accordance with an agreement made under Section 22, the [iii][State] Government shall constitute a [iv][State] Council consisting of the following members, namely:—

(a) four members elected from among themselves by dentists registered in Part A of the [v][State] register;

(b) [vi][* * *]

[vii][(c) the heads of dental colleges, if any, in the 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 the [viii][State], as the case may be; [ix][* * *]

(e) three members nominated by the [x][State] Government; [xi][and]

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

[xiii][Provided that in the State of Saurashtra [xiv][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 the State Council constituted under this Act.]

22. Inter-State agreements.

22. Inter-State agreements.—(1) Two or more [xv][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 Joint [xvi][State] Council for all the participating [xvii][States], or

(b) for the [xviii][State] Council of one [xix][State] to serve the needs of the other participating [xx][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 [xxi][States] of the expenditure in connection with the [xxii][State] Council or Joint [xxiii][State] Council;

(b) determine which of the participating [xxiv][State] Governments shall exercise the several functions of the [xxv][State] Government under this Act, and the references in this Act to the [xxvi][State] Government shall be construed accordingly;

(c) provide for consultation between the participating [xxvii][State] Governments either generally or with reference to particular matters arising under this Act;

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

(3) An agreement under this section shall be published in the Official Gazettes of the participating [xxviii][States].

23. Composition of Joint State Councils.

23. Composition of Joint State Councils.—A Joint [xxix][State] Council shall consist of the following members, namely:—

(a) two members elected from among themselves by dentists registered in Part A of the register of each of the participating [xxx][States];

(b) [xxxi][* * *]

[xxxii][(c) the heads of dental colleges, if any, in all the participating States which train students for any any of the recognised dental 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 [xxxiii][State], as the case may be;

(e) two members nominated by each participating [xxxiv][State] Government;

[xxxv][(f) the Chief Medical Officer of each participating State, by whatever name called, ex officio.]

24. Incorporation of State Councils.

24. Incorporation of State Councils.—Every [xxxvi][State] Council shall be a body corporate by such name as may be notified by the [xxxvii][State] Government in the Official Gazette or, in the case of a Joint [xxxviii][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.

25. President and Vice-President of State Council.

25. President and Vice-President of State Council.—(1) The President and Vice-President of the [xxxix][State] Council shall be elected by the members from among themselves:

Provided that for five years from the first constitution of the [xl][State] Council, the President shall, if the [xli][State] Government so decides, be a person nominated by the [xlii][State] Government who shall hold office during the pleasure of the [xliii][State] Government, and where he is not already a member, shall be a member of the [xliv][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 the [xlv][State]Council, but subject to his being a member of the [xlvi][State] Council, he shall be eligible for re-election.

26. Mode of elections.

26. 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 [xlvii][State] Government whose decision shall be final.

27. Term of office and casual vacancies.

27. 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:

[xlviii][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 [xlix][State] Council, from three consecutive ordinary meetings of the [l][State] Council, or

(b) in the case of a member whose name is required to be included in any [li][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 the [lii][State] as the case may be.

(4) A casual vacancy in the [liii][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 takes was elected or nominated.

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

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

28. Staff, remuneration and allowances.

28. Staff, remuneration and allowances.—(1) The [lvii][State] Council may, with the previous sanction of the [lviii][State] Government,—

(a) appoint a Registrar who shall also act as Secretary and if so decided by the[lix][State] Council also as its Treasurer;

(b) appoint such other officers and servants as may be required to enable the [lx][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 the [lxi][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[lxii][State] Council;

(e) fix the rate of allowances payable to members of the [lxiii][State] Council.

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

29. Executive Committee.

29. Executive Committee.—(1) The [lxviii][State] Council shall constitute from among its members an Executive Committee consisting of the President and Vice-President ex officio[lxix][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 the [lxx][State] Council as may be prescribed.

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

(3) A member of the Executive Committee shall bold office as such until the expiry of his term of office as member of the [lxxii][State] Council, but subject to his being a member of the [lxxiii][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.

30. Information to be furnished.

30. Information to be furnished.—(1) The [lxxiv][State] Council shall furnish such reports, copies of its minutes and of the minutes of the Executive Committee, and abstracts of its accounts to the [lxxv][State] Government as the [lxxvi][State] Government may from time to time require and shall forward copies of all material so furnished to the [lxxvii][State] Government to the Council.

(2) The [lxxviii][State] Government may published in such manner as it thinks fit any report copy or abstract furnished to it under this section.