REGISTERED No. DL-33004/92 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 54] NEW DELHI, THURSDAY, AUGUST 27, 1992/BHADRA 5, 1914 Separate paging is given to this part in order that it may be filed as a separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 27th August, 1992/Bhadra 5, 1914 (Saka) THE DENTISTS (AMENDMENT) ORDINANCE, 1992 No. 14 OF 1992 Promulgated by the President in the Forty-third Year of the Republic of India.
An Ordinance further to amend the Dentists Act, 1948.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:—
1. (1) This Ordinance may be called the Dentists (Amendment) Ordinance, 1992.
(2) It shall come into force at once.
Short title and commencement.
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2. After section 10 of the Dentist Act, 1948 (hereinafter referred to as the principal Act), the following sections shall be inserted, namely: — L10A. (1) Notwithstanding anything contained in tihis 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 post-graduate 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 (/') no authority or institution conducting a course at study or training (including a post-graduate course of study or training) for grant of recognised dental qualification shall—
(t) open a new or 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 1 raining (including a post-graduate course of study or training), except with the previous permission of the Central Government obtained in accordance with tihe provisions of this section.
Explanation I.—For the purposes of this section, "person" includes any University or a trust but does 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 B post-graduate course of study or training) in an authority or institution granting recognised dental 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 f.he purpose of training permission under sub-section (J), 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 recommendation.
(b) The scheme referred fo in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompained with such fee as may he 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 if defective and does not contain any necessary particulars, give a reasonable opportunity to the person, authority or institution concerned for making a written Insertion of newsections 10A, 10B and IOC.
Permission for establishment of new dental colic KC new courses of study, etc.
3 6 of 1948.
SEC. 1 ] THE GAZETTE OF INDIA EXTRAORDINARY 3 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 Cwith such conditions, it any, as it may consider necessary) or disapprove the scheme and any such approval shall be a 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 whose1 scheme has not been approved to submit a fresh scheme and the provisions of this section shall apply to such scheme, as if such scheme has been submitted for the first time under sub-section (1).
(5) Where, within a period of one year from the date of submission of the scheme to the Central Government under sub-section
(1), 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) '•> computing the tijne limit specified in sub-section (51, the time taken by the person, authority or institution concerned submitting the scheme in furnishing any particulars called for by the Council or by tihe Central Government shall be excluded.
(7) The Council while making its recommendation under clause
(b) of sub-section (3) and the Central Government, while passing an order either approving or disapproving the scheme under subsection (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 in section 16A and the regulations made under sub-section
(1) of section 20;
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(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 ox 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 time-limit 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 study 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 (he Central Government passes an order either approvinc or disapproving a scheme under this section a copy of the order shall be communicated to the person, authority or institution concerned.
10B. (1) Where any authority or institution is established for grant of recognised dental qualification except with the previous permission of the Central Government in accordance with the provisions of section 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 (insluding a post-graduate course of study or training) except with the previous permission of the Central Government in accordance with the provisions of section 10A, no dental qualification granted to any student of such authority or institution on the basis of such study or training (including a post-graduate course df study or 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-graduan? course o£ study or training) except with the previous permission of the Central Government in accordance with the provisions of section 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.
Non recognition of dental qualifications in certain cases.
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Explanation.—For the purposes of this section, the criteria for identifying a student whu has been granted ;> dental qualification on the basis of such increase in the adrnission capacity shall be such as may be prescribed.1.
IOC. (1) If, after the 1st day of June, 1392 and on and before the commencement of the Dentists (Amendment) Ordinance, 1992 any person has established an authority or institutions for grant of recognised uVntal qualification or an. iiuiiicrity iir institution ?r:mting ircojznised dental LjUiilifiCiifion has nnnied ;i new or highei- rourse of study or training, (including a post-graduate cour-c of stuJv or training) or increased ]t> admission capacity, such p^rsim. authority or institution, us rhc case mav be, shall seek, within a period of one year from the commencement of the Dentists (Amendment) Ordinance, 1992, the permission of the Central Government in accordance with the provisions of section IDA of the principal Act.
(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) of this Ordinance, the provisions of section 10B of the principal Act shall apply, so far as may be, as if" permission of the Central Government under section 10A has been refused.".
3 In section 55 ot the rrinchxil Act, in sub-section (2) after cliuisc </,>. the following clauses shall be inserted, namely: — " (fa) 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) the criteria for identifying a student who has been granted A medical qualification referred to in Explanation to sub-sretion O ) of section 10B.".
SHANKFR DAYAL SHARMA, President.
Time for seeking pcrmtM - si on for certain existing au'thoritim* Amendment of ^fiction 55 K. L. MOHANPURIA, Secy. t,n the Govt. of India PRINTED BY rHK MAJ \̂OF.R. CMIVERNMTN'T OF rNOU FRGSS, MINTO KO\D, NFW IiBl.Hl AND FT.TB! TSITEJ1 BY TTTP rONTRfilLER Or PUBMCATTONS, DELHI, 1992.