The Dentist Act of 1948: Regulating Dentistry in India

The Indian Parliament passed the Dentist Act after consulting with the All India Dental Association. The primary objective of the Act was to regulate the profession of dentistry. The Act was enacted on 29 March 1948 and is applicable all over India. The Act has 55 Sections. As per the Act, a ‘dentist’ is a person practising dentistry.

The Act provisions for setting up the Dental Council of India. The Council is bestowed with various duties and powers. The Act specifies the setting up and functioning of various State Dental Councils. The Act provisions for the rules and procedures for registering all dentists, dental mechanics, and dental hygienists.

Dentistry According to the Dentist Act

Dentistry is defined as ‘the branch of medicine focusing on the mouth, teeth, and gums’. This medical field is focused on the oral mucosa and dentition, which is the arrangement and development of teeth. The process consists of several steps, including prevention, treatment, study, diagnosis, and management of disorders in and around the mouth.

However, the Dentist Act of 1948 defines dentistry in detail. As per the Act, dentistry consists of a wide range of procedures, including the following:

• Giving advice, attendance, or treatment to any individual to fix, fit, repair, construct, renew, or insert restorative dental appliances or artificial dentures.
• Treatment or operation of any deficiency or disease of the human jaws or teeth.
• Providing any form of advice, attendance, or treatment related to oral care.
• Performance of any form of operative procedure.
• The renewal or mechanical building of repairable dental appliances or artificial dentures.
• Administering anaesthetic in connection to any treatment or operation.

Composition of the Council

The Central Government incorporates the Dental Council of India, which has a common seal and perpetual succession. The Council can sue in its name and can also be sued.

Additionally, the Council can hold both immovable and movable property and acquire them. As per Section 3, the Council consists of the following members:

• One member from each state university that provides education in dentistry. Such a member is elected by the members of the Senate of the University or by the court if a senate is not in existence. The member may also be elected from the medical faculty in case the university does not employ any dental faculty.
• One member is elected by the Medical Council of India members from among themselves.
• The State Governments nominate one member from among doctors registered in the state dental or medical registers.
• One member is elected by the dentists registered in Part A of the registers of each state. Such a member must be a dentist with a recognised dental qualification.
• The Director General of Health Services is an ex-officio member.
• At most, four members are elected by the Directors, Vice-Principals, Deans, and Principals of state dental colleges and the heads of dental wings of medical colleges from among themselves. Of these four members, up to one member must be from the same dental or medical college.
• Six members are nominated by the Central Government, of which at least one must be a registered dentist.

The members of the Council elect a President and a Vice-President from among themselves. In the first five years of the constitution of the Council, the Central Government could nominate a President of its own choice. According to Section 7 of the Act, the tenure of the President and the Vice-President is five years. They can be re-elected.

Mode of Election and Term for the Council

Section 5 of the Dentist Act states that elections to the Dental Council of India will be conducted as prescribed by the Central Government. The Central Government shall decide in case a dispute arises regarding any election.

Members who are nominated or elected are to hold office for a tenure of 5 years. Such an office is owned in certain cases until a successor is nominated or elected. However, the members nominated by the Central and State Governments are to hold office for as long as the nominating authority wants them to. The members of the Council are eligible for re-nomination and re-election. A member shall resign after approval from the President at any suitable time. Such a resignation letter must be in writing. Thus, a vacancy is created in the Council.

A vacancy may also be created if a member is absent from three consecutive ordinary meetings of the Council. The absence may be allowed only if the Council agrees on a sufficient cause. A seat may also be vacated if the member ceases to be a member of the medical or dental councils of India or if he/she ceases to be a member of the faculty of a dental college or medical university. Additionally, a member may be removed if he/she does not hold the position of Dean, Vice-Principal, Principal, or Director of a dental college. The presence of a vacancy does not void or demerit any decisions made by the council members.

Any such casual vacancy is typically filled up by fresh nominations or elections. The position within the Council shall be occupied in this manner only until the next general election as per Section 6 of the Act.

Recognition and Non-Recognition of Dental Qualifications

Recognition

Recognised dental qualification refers to recognition granted by institutions in India that are a part of Part I of the Schedule. If an institution does not fall within the specified Part of the Schedule, then it has to apply to the Central Government to be included in the list. Such inclusion shall be approved only after consultation with the Dental Council and after any inquiry if needed. Part I of the Schedule shall be amended by notification in the Official Gazette.

Suppose an individual has obtained dental qualification from abroad. Such qualification shall be recognised in India only if their name was included in the Register.

Any qualifications obtained post the Dentists (Amendment) Act of 1972 shall be recognised only after the Central Government consults with the Council. If recognition is approved, Part II of the Schedule shall be amended.

Suppose the institute providing a qualification is included in Part III of the Schedule. Such qualification shall be recognised, but only the citizens of India may register themselves.

The Council has the power to negotiate with foreign countries to make arrangements regarding the recognition of dental qualifications obtained in those countries. If the negotiations are successful, then the qualifications shall be amended into the Schedules of the Dentist Act. This is as per Section 10 of the Act.

Non-Recognition

Section 10B specifies the nonrecognition of dental qualifications. The recognition provided to a degree may be withdrawn in the following cases:

• If any dental college introduces a new or higher course of study without approval from the Central Government, such courses are not recognised.
• If a dental college increases its capacity without obtaining prior permission from the Central Government, then any qualifications due to such increased capacity shall not be recognised.
• If an institution that provides dental education is set up without the permission of the Central Government, then any qualifications provided by such institute shall not be recognised.

As per Section 13 of the Act, an individual may be enrolled in the state register if he holds a recognised dental qualification.

Indian Register under the Dentist Act

The Council maintains the Indian Register and shall contain the entries of all the State registers of the country. Section 18 of the Dentist Act provides that the registrars must inform the Council regarding additions to the state registers each year. The state registers are to be prepared by the State Governments. However, the State Councils are to maintain the Register. The Register contains two separate parts. One part consists of the names of individuals possessing recognised qualifications, and the other part the names of people without such qualifications.

Information contained in the Register

The Register must contain the following information of registered persons:

• The qualification, the date of receiving such qualification, and the authority conferring the qualification.
• The full name, residential address, and nationality.
• The professional address of the individual.
• The date of one’s first admission to the Register.

This is as per Section 31 of the Dentist Act.

Types of Registrations

Registration is of two types. One type registration is at the time of the initial preparation of the Register, and the other is subsequent registration. Initial registrations were performed under the supervision of the Registration Tribunal, which carefully reviewed every application and determined if registration of an individual was to be approved. Subsequent registrations are performed by state councils on receiving an application and the prescribed fee from people with recognised qualifications.

Removal of Name From the Register

As per Section 41 of the Act, a person’s registration may be removed from the Register in case of the following reasons:

• The individual has violated any prescribed standards of professional ethics or etiquette.
• The individual has been convicted of any offence.
• The individual is practising dentistry for personal gain and permitted temporary registration.
• The individual’s name was entered in the Register by suppressing material facts.
• The individual’s name was entered in the Register due to an error.

A person whose registration was revoked may have his/her name restored through the approval of the State Government. Restoration shall be completed only on the payment of the prescribed fee as per Section 42.

Conclusion

Prior to the Dentist Act of 1948, dentistry was not organised. The profession was practised by individuals without sufficient knowledge or qualifications.

The enactment of this legislation resulted in the formulation of a set of rules and regulations that must be adhered to by all dentists, dental hygienists, and dental mechanics. Because the Act mandated registration, dentistry has become professional. The Act has enabled patients to identify the dentists to visit for treatment and safeguarded the safety and interests of the common man.