Chapter II NATIONAL DENTAL COMMISSION

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3. Constitution of National Dental Commission.

Statutory text

(1) The Central Government shall, by notification in the Official Gazette, with effect from such date as it may appoint, constitute a Commission, to be known as the National Dental Commission, to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act.
(2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.
(3) The head office of the Commission shall be at New Delhi.

Chapter II NATIONAL DENTAL COMMISSION

4. Composition of Commission.

Statutory text

(1) The Commission shall consist of the following persons to be appointed by the Central Government, namely:--
- (a) a Chairperson;
- (b) eight ex officio Members; and
- (c) twenty-four part-time Members.
(2) The Chairperson shall be a dentist of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in dentistry from any University or institutes of national importance and having experience of not less than twenty years in the field of dentistry, out of which at least ten years shall be as a leader in the area of dental education.
(3) The following persons shall be the ex officio Members of the Commission, namely:--
- (a) the President of the Under-Graduate and Post-Graduate Dental Education Board;
- (b) the President of the Dental Assessment and Rating Board;
- (c) the President of the Ethics and Dental Registration Board;
- (d) the Director General of Health Services, Directorate General of Health Services, New Delhi;
- (e) Chief of the Centre for Dental Education and Research, All India Institute of Medical Sciences, New Delhi;
- (f) Head of the Oral Health Sciences Centre, Postgraduate Institute of Medical Education and Research, Chandigarh;
- (g) one person, not below the rank of Joint Secretary to the Government of India, to represent the Ministry of Health and Family Welfare, to be nominated by that Ministry;
- (h) the Chairperson, National Medical Commission or nominee from that Commission.
(4) The following persons shall be appointed as part-time Members of the Commission, namely:--
- (a) three Members, to be appointed from amongst persons of ability, integrity and standing, who have special knowledge and professional experience in such areas including management, law, medical ethics, health research, consumer or patient rights advocacy, science and technology and economics, in such manner as may be prescribed, for a term of four years;
- (b) ten Members to be appointed on rotational basis from amongst the nominees of the States and Union territories under clauses (c) and (d) of sub-section (2) of section 11 in the Dental Advisory Council, in such manner as may be prescribed, for a term of two years;
- (c) nine members to be appointed on rotational basis from amongst the nominees of the States and Union territories under clause (e) of sub-section (2) of section 11 in the Dental Advisory Council, in such manner as may be prescribed, for a term of two years;
- (d) two dental faculties, from any Central or State or Autonomous Government Institutes, doing exemplary work in the field of dental education, to be nominated by the Central Government, in such manner as may be prescribed, for a term of four years.

Chapter II NATIONAL DENTAL COMMISSION

5. Search-cum-Selection Committee for appointment of Chairperson and Members.

Statutory text

(1) The Central Government shall appoint.---
- (i) the Chairperson referred to in sub-section (2) of section 4;
- (ii) part-time Members referred to in clause (a) of sub-section (4) of section 4;
- (iii) the Secretary referred to in section 8; and
- (iv) the President and Members of Autonomous Boards referred to in section 16, on the recommendation of a Search-cum-Selection Committee consisting of---
- (a) the Cabinet Secretary---Chairperson;
- (b) three experts, possessing outstanding qualifications and experience of not less than twenty-five years in the field of dental education, public health education and health research, to be nominated by the Central Government, in such manner as may be prescribed---Members;
- (c) one person, possessing outstanding qualifications and experience of not less than twenty-five years in the field of management or law or economics or science and technology, to be nominated by the Central Government, in such manner as may be prescribed---Member;
- (d) the Secretary to the Government of India in charge of the Ministry of Health and Family Welfare, to be the Convener---Member.
(2) The Central Government shall, within one month from the date of occurrence of any vacancy, including by reason of death, resignation or removal, of the Chairperson or Member or Secretary of the Commission or the President or Member of the Autonomous Board, as the case may be, or within three months before the end of tenure of such person, make a reference to the Search-cum-Selection Committee for filling up of the vacancy.
(3) The Search-cum-Selection Committee shall recommend a panel of at least three names for every vacancy referred to it.
(4) The Search-cum-Selection Committee shall, before recommending any person for appointment as the Chairperson or Member or Secretary, satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such Chairperson or Member or Secretary.
(5) No appointment of the Chairperson or Member or Secretary of the Commission or the President or Member of the Autonomous Board, as the case may be, shall be invalid merely by reason of any vacancy or absence of a Member in the Search-cum-Selection Committee.
(6) Subject to the provisions of sub-sections (2) to (5), the Search-cum-Selection Committee may regulate its own procedure.

Chapter II NATIONAL DENTAL COMMISSION

6. Term of office and conditions of service of Chairperson and Members.

Statutory text

(1) The Chairperson appointed under sub-section (2) of section 4, and Member of the Commission appointed or nominated under clauses (a) and (d) of sub-section (4) of section 4 shall not be eligible for any extension of term beyond four years or for reappointment and such person shall cease to hold office after attaining the age of seventy years.
(2) The term of office of an ex officio Member shall continue as long as he holds the office by virtue of which he is such Member.
(3) Where a Member, other than an ex officio Member, is absent from three consecutive ordinary meetings of the Commission and the cause of such absence is not attributable to any valid reason in the opinion of the Commission, such Member shall be deemed to have vacated the seat.
(4) The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and Members appointed or nominated under clauses (a) and (d) of sub-section (4) of section 4, other than an ex officio Member, shall be such as may be prescribed.
(5) The Chairperson or a Member or Secretary of the Commission may,--
- (a) relinquish his office by giving in writing to the Central Government a notice of not less than three months; or
- (b) be removed from his office in accordance with the provisions of section 7: Provided that such person may be relieved from duties earlier than three months or be allowed to continue beyond three months until a successor is appointed, if the Central Government so decides.
(6) The Chairperson and every Member of the Commission shall make declaration of his assets and liabilities at the time of entering upon his office and at the time of demitting his office and also declare his professional and commercial engagement or involvement in such form and manner as may be prescribed, and such declaration shall be published on the website of the Commission.
(7) The Chairperson or a Member appointed or nominated under clauses (a) and (d) of sub-section (4) of section 4 or the Secretary, ceasing to hold office as such, shall not accept, for a period of two years from the date of demitting such office, any employment, in any capacity, including as a consultant or an expert, in any private dental institution, whose matter has been dealt with by such person, directly or indirectly: Provided that nothing herein shall be construed as preventing such person from accepting an employment in a body or institution, including dental institution, controlled or maintained by the Central Government or a State Government: Provided further that nothing herein shall prevent the Central Government from permitting the Chairperson or Member or Secretary of the Commission to accept any employment in any capacity, including as a consultant or expert in any private dental institution whose matter has been dealt with by such Chairperson or Member or Secretary.

Chapter II NATIONAL DENTAL COMMISSION

7. Removal of Chairperson and Member of Commission.

Statutory text

(1) The Central Government may, by order, remove from office the Chairperson or any other Member, who---
- (a) has been adjudged an insolvent; or
- (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
- (c) has become physically or mentally incapable of acting as a Member; or
- (d) is of unsound mind and stands so declared by a competent court; or
- (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or
- (f) has so abused his position as to render his continuance in office prejudicial to public interest.
(2) No Member shall be removed under clauses (e) and (f) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter.

Chapter II NATIONAL DENTAL COMMISSION

8. Appointment of Secretary, experts, professionals, officers and other employees of Commission.

Statutory text

(1) There shall be a Secretariat for the Commission to be headed by a Secretary, to be appointed by the Central Government in accordance with the provisions of section 5.
(2) The Secretary of the Commission shall be a person of proven administrative capacity and integrity, possessing such qualifications and experience as may be prescribed.
(3) The Secretary shall be appointed by the Central Government for a term of four years and shall not be eligible for any extension or reappointment.
(4) The Secretary shall also be the Member Secretary of each of the Autonomous Boards constituted under section 16.
(5) The Secretary shall discharge such functions of the Commission, and of each of the Autonomous Boards constituted under section 16, as may be specified by regulations.
(6) The Commission may, for the efficient discharge of its functions under this Act, appoint such officers and other employees of the Commission, other than Secretary, as it considers necessary, against the posts created by the Central Government on the recommendation of the Commission.
(7) The salaries and allowances payable to, and other terms and conditions of service of the Secretary, officers and other employees of the Commission shall be such as may be prescribed.
(8) The Commission may engage, in accordance with the procedure specified by regulations, such number of experts, consultants and professionals of integrity and outstanding ability, who have special knowledge and experience in such fields, including dental education, public health, management, health economics, quality assurance, patient advocacy, health research, science and technology, administration, finance, accounts and law, as it deems necessary, to assist the Commission in the discharge of its functions under this Act: Provided that the Commission may, to facilitate global mobility and employability of registered professionals, invite such number of experts and domain specialists from a foreign country, as it deems necessary, who have special knowledge of dental curriculum, practical training and pattern of examination including licentiate examination of that country, to the meetings of the Commission, in such manner as may be specified by regulations.

Chapter II NATIONAL DENTAL COMMISSION

9. Meetings, etc., of Commission.

Statutory text

(1) The Commission shall meet at least once every quarter at such time and place as may be appointed by the Chairperson.
(2) The Chairperson shall preside at the meeting of the Commission and if, for any reason, the Chairperson is unable to attend the meeting of the Commission, any other Member, being the President of an Autonomous Board, nominated by the Chairperson, shall preside at the meeting.
(3) Unless the procedure to be followed at the meetings of the Commission is otherwise provided by regulations, one-half of the total number of Members of the Commission including the Chairperson shall constitute the quorum and all the acts of the Commission shall be decided by a majority of the members present and voting and in the event of equality of votes, the Chairperson, or in his absence, the President of the Autonomous Board nominated under sub-section (2), shall have the casting vote.
(4) The general superintendence, direction and control of the administration of the Commission shall vest in the Chairperson.
(5) No act done by the Commission shall be questioned on the ground of the existence of a vacancy in, or a defect in the constitution of, the Commission.

Chapter II NATIONAL DENTAL COMMISSION

10. Powers and functions of Commission.

Statutory text

(1) The Commission shall, for ensuring coordinated and integrated development of education and maintenance of the standards of delivery of services, take all such steps, as it may think fit, and revise the same periodically, as may be specified by regulations.
(2) The Commission shall perform the following functions, namely:--
- (a) lay down policies and regulate standards for the governance of dental education, examination and training and make necessary regulations in this behalf;
- (b) promote adoption of additional degrees or diplomas, higher qualifications, including certification courses and development of soft skills for advancement of career of the dentists and dental auxiliaries;
- (c) regulate dental institutions, dental researches, dentists and dental auxiliaries and make necessary regulations in this behalf;
- (d) ensure that all admissions to undergraduate dental course, namely, Bachelor of Dental Surgery in all dental institutions which are governed by the provisions of this Act or any other law for the time being in force, shall be through National Eligibility-cumEntrance Test conducted under section 14 of the National Medical Commission Act, 2019 (30 of 2019);
- (e) to identify and regulate any other category of dental auxiliaries;
- (f) to collaborate with industry and institutions for use of cutting-edge technology and hybrid education to drive innovation and research in the field of dental education and examinations and make necessary regulations in this behalf;
- (g) assess the requirements in dental healthcare, including human resources for dental health, career progression of dentists and dental auxiliaries and healthcare infrastructure and develop a road map for meeting such requirements;
- (h) promote, coordinate and frame guidelines and lay down policies by making necessary regulations for the proper functioning of the Commission, the Autonomous Boards, the Dental Advisory Council, the State Dental Councils and the Joint Dental Councils;
  - (i) ensure coordination among the Autonomous Boards;
- (j) take such measures, as may be necessary, to ensure compliance by the State Dental Councils of the guidelines framed and regulations made under this Act for their effective functioning under this Act;
- (k) exercise appellate jurisdiction with respect to the decisions of the Autonomous Boards;
- (l) promote preventive dental care services;
- (m) lay down policies and codes to ensure observance of professional ethics in dental profession and to promote ethical conduct during the provision of care by dentists;
- (n) frame guidelines for determination of fees and all other charges in respect of fifty per cent. of seats in private dental institutions and deemed to be Universities which are governed under the provisions of this Act;
- (o) take measures to enhance skills and competency of registered professionals for facilitating global mobility;
- (p) exercise such other powers and perform such other functions as may be prescribed.
(3) The Commission may delegate such of its functions (except the power to make regulations) to the Autonomous Boards as it may deem necessary.
(4) The Commission may give such directions, as may deem necessary, to a State Council for carrying out all or any of the provisions of this Act and the State Council shall comply with such directions.
(5) All orders and decisions of the Commission shall be authenticated by the signature of the Secretary.
(6) The Commission may delegate such of its powers of administrative and financial matters, as it deems fit, to the Secretary.
(7) The Commission may constitute sub-committees and delegate such of its powers to such sub-committees as may be necessary to enable them to accomplish specific tasks.

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