State of Madhya Pradesh - Act
The M.P. State Dental Council Rules, 1969
MADHYA PRADESH
India
India
The M.P. State Dental Council Rules, 1969
Rule THE-M-P-STATE-DENTAL-COUNCIL-RULES-1969 of 1969
- Published on 6 July 1971
- Commenced on 6 July 1971
- [This is the version of this document from 6 July 1971.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title.
2. Definition.
- In these rules, unless the context otherwise requires,-3.
The office of the Council shall be situated at [Bhopal] [Substituted vide M.P. Rajpatra, Part IV (Ga), dated 9-8-1985 at page 333.].Chapter II
Elections Under Section 21 (A) and (B)
4. Electorate for various constituencies.
- (i) For the purposes of elections under clause (a) of Section 21 of the Act, Part A of the register of dentists prepared under Section 31 of the Act, as amended by the decisions of the appellate Authority and as it stands on the day, which shall be 30 days before the date fixed under clause (a) of rule 5 shall constitute the electoral roll.5. Fixation of dates for various stages of Election.
- The Returning Officer shall appoint and shall notify in the Madhya Pradesh Government Gazette and in such other manner as he thinks fit the date, time and place for-6. Nomination of candidates.
- Every candidate for election shall be nominated by means of a nomination paper in Form I in Appendix I, which shall be supplied free of cost by the Returning Officer to any elector applying for the same.7. Nomination papers.
8. Rejection of nomination papers.
- Nomination papers which are not received by the Returning Officer before the date and the time appointed in that behalf shall be rejected.9. Fees payable by candidates.
10. Scrutiny of nomination papers.
11. Withdrawal of candidature.
- Any candidate may withdraw his candidature by notice in writing signed by him and delivered to the Returning Officer not later than twenty one clear days before the date appointed for the poll. A candidate who has withdrawn his candidature shall not be allowed to cancel the withdrawal or to be renominated as a candidate for the same election.12. Poll.
13. Votes to be sent by registered post.
- Every elector desirous of recording his note shall, after filling up the declaration paper and the voting paper according to the directions given in the letter of intimation enclose the voting paper in the voting paper cover, stick up the cover, enclose the cover and the declaration paper in the outer envelope addressed to the Returning Officer, and send the outer envelope by registered post at the elector's own cost to the Returning Officer, so as to reach him not later than 5 P.M. on the date fixed for the poll. An envelopes received after that day or hour, or received by unregistered post shall be rejected.14. Endorsement by Returning Officer on registered covers.
- On receipt of the envelops by registered post containing the declaration papers and the closed cover containing the voting papers, the Returning Officer shall endorse on the outer envelope the date and hour of receipt.15. Manner of opening the registered cover.
- The Returning Officer shall open the outer envelops immediately after 5 P.M. on the day fixed for the poll at the place which the envelopes are addressed to him. Any candidate may be present in person or may send a representative duly authorised by him in writing to attend at the time outer envelopes are opened.16. Rejection of voting papers.
17. Scrutiny and counting of votes.
18. Declaration of Results.
19.
Voting papers to be retained for six months upon the completion of the counting and after the result has been declared by him, the Returning Officer shall seal up the voting papers and all other documents relating to the election and shall retain the same for a period of six months and the Council shall not destroy or cause to be destroyed the records even after six months without the previous concurrence of the Government.20. Publication of results.
21. General.
22. Election under Section 21 (D).
Chapter III
Election of President and Vice-President and Their Powers and Duties
23. Election of the President and Vice-President at the meeting of the Council.
- The President and the Vice-President of the Council shall be elected at a meeting of the Council. The members shall first elect of Chairman to conduct the business who shall than call for nominations from among the members for the post of President and the Vice-President, the Chairman shall conduct the election by secret ballot. In the event of a tie, in either case, the final election shall be decided by drawing of lots. The election of the President shall be held first and thereafter that of the Vice-President.24. Powers and duties of the President and in his absence of the Vice-President.
Chapter IV
Part-I
Meeting of the Council25. Time and Place of, and preparation of Business for meetings of the Council.
26. Chairman of the meeting.
27. Quorum of the meeting.
- If, at the time appointed for a meeting a quorum is not present, the meeting shall not commence until a quorum is present, and if a quorum is not present, on the expiration of 20 minutes from the time appointed for the meeting or during the course of any meeting the meeting shall stand adjourned to such future time and date as the President may appoint.28. Determination of a matter by the Council.
29. Power of the President in respect of movement of the motion.
30. Amendment of the motion.
31. Motion or amendment under debate.
32. Proposal to adjourn the council.
- Except that it shall not interrupt a speech, a proposal to adjourn the Council to a specified date and hour may be made at any time, but it shall be in the discretion of the President to put or refuse to put such a proposal to the Council.33. Withdrawal of motion or amendment.
- A motion or an amendment which has been moved and seconded shall not be withdrawn save with the leave of the Council which shall not be granted, if any member dissents from the granting of such leave.34. Discussion on the motion under the direction of the President.
- When a motion has been moved and seconded members other than the mover and the seconder may speak on the motion in such orders as the President may direct :Provided that the seconder of a motion or of an amendment may, with the permission of the President, confine himself to seconding the motion or amendment as the case may be and speak thereon at any subsequent stage of the debate.35. Objections, suggestions or elucidation on a point by the President.
- During the meeting, the President, may at any time, make any objections or suggestions or give information to elucidate any point to help the members in the discussion.36. No person to speak more than once.
37. Observation by a member.
38. Amendment in the terms of original motion.
39. Division of motion at the discretion of the President.
- When any motion involving several points has been discussed, it shall be in the discretion of the President to divide the motion, and put each or any point separately to the vote as he may thinks fit.40. Procedure for adjournment of the meetings.
41. Decision of all points of order by the President.
42.
Four representatives of the Press and other visitors, not exceeding four at a time may be admitted, at the discretion of the President, to the meetings on production of permits from the Registrar. The Press representatives shall be required to obtain the previous approval of the registrar for the publication of their report of the proceedings. The President at any time may hold the meetings din camera in which case all visitors including Press representatives will be required to withdraw.Part-III Minutes of the Council43. Preservation of the minutes of the meetings.
- The proceedings of the meetings of the Council shall be preserved in the form of printed minutes which shall be authenticated after confirmation by the signature of the President.44. Submission of the minutes of the meetings to the President.
- A copy of the minutes of each meeting shall be submitted to the President within 10 days of the meeting and attested by him and they shall then be sent to each member within 30 days of the meeting.45. Contents of the meetings.
- The minutes of each meeting shall contain such motions and amendments as have been moved and adopted, or negatived, with the names of the mover and the seconder, but without any comment and without any record of observations made by any member at the meeting.Time limit for entertaining the objections about correctness of minutes. - If any objection regarding the correctness of the minutes is received within 30 days of the despatch of the minutes by the Registrar, such objection together with the minutes as recorded and attested shall be put before the next meeting of the Council for confirmation. At this meeting no question shall be raised except as to the correctness of the records of the last meeting.Provided that if no objection regarding a decision taken by the Council at a meeting is received within 30 days of the despatch by the Registrar of the minutes of that particular meeting such decision may, if expedient, be put into effect before the confirmation of the minutes at the next meeting:Provided further that the President may direct that action be taken on a decision of the Council before the expiry of the period of 30 days mentioned above.46. Insertion of minutes in a volume.
- The minutes of the Council shall, as soon as is practicable after their confirmation, be made up in sheets and consequentively paged for insertion in a volume, which shall be permanently preserved. A copy of such volume, shall be supplied free to each member of the Council.47. Placing of report of the observations and discussions of meetings.
- A report shall be kept of the observations and of the discussions at the meetings of the Council in as accurate a manner as possible for the use of the members of the Council. The detailed proceedings of the meetings which shall be treated as 'Confidential' shall be kept in the office and shall be open to members for inspection. A copy of the proceedings in whole or in part shall be supplied to any member who may apply for it. Such copy shall be marked 'Confidential' and be supplied on the payment of a sum not exceeding the cost of copying fixed by the President. No copy of proceedings held in camera shall be supplied but such proceedings may be inspected by the members.Chapter V
Executive Committee-Functions of Meetings of Quorum etc.
48. Constitution of Executive Committee.
- Besides the President and the Vice-President, the Executive Committee shall consist of five members elected by the members of the Council at the first meeting of the Council by secret ballot.Conduct of meeting under rules. - The meeting of the Executive Committee shall be governed as far as may be by the Rules applicable to the meeting of the Council.No meeting shall commence without the quorum. - If at the time appointed for a meeting a quorum is not present the meeting shall not commence until a quorum is present, and if a quorum is not present on the expiration of 30 minutes from the time appointed for the meeting or during the course of any meeting, the meeting shall stand adjourned to such future date and time as the President may appoint.49. Election of the Chairman in absence of President and Vice-President.
- If both the President and the Vice-President are absent, the members present shall elect one of their members to act as Chairman.Quorum. - Three members of the Executive Committee shall form a quorum and, at a meeting adjourned for want of quorum, no quorum shall be necessary.50. Invitation of a member by the Executive Committee.
- The Executive Committee may invite a member of the Council, not being a member of the Executive Committee, to attend any meeting of the Executive Committee. Any member so invited shall be free to participate in the discussions in the Executive Committee but shall not function as a member of the Committee whether by way of voting or otherwise.51. Determination of future date and time for the meetings.
52. Circulation of report of the meeting among members.
- The Executive Committee shall consider and report on any subjects referred to it by the Council or by the President and may with the sanction of the President direct the printing and circulation of such report among members of the Council.53. Time limit for submission of minutes to the President.
- A copy of the minutes of each meeting shall be submitted to the President within 10 days of the meeting; and after having been attested by him shall be sent to each member within 20 days of the meeting. If no objection to their correctness is received within 20 days of their despatch and decision therein shall be given effect to. The minutes shall be sent to the members of the Council after confirmation by Executive Committee :Provided that the President may direct that action be taken on a decision of the Executive Committee before the expiry of the period of 20 days mentioned above.54. Direction by the President about any business to be discussed.
55. Powers and duties of the Executive Committee.
- The Executive Committee shall exercise such powers and perform such function of the Council as the Council may, from time to time direct.Chapter VI
Registration
56. Maintenance of register for dentists.
57. Applications for registration.
- Every person entitled under Section 34 to be registered under the Act and desiring to have himself so registered shall apply to the Registrar in Form I in appendix II properly filled in and signed. Every such application shall be accompanied by the fee prescribed in that behalf in rule 67.58. Entry of name after direction of the Government.
59.
[Omitted]60. Application for registration of additional qualification.
- An application for registration of an additional qualification shall be made in form IV in Appendix II and shall be accompanied by fee prescribed in this behalf in rule 67.61. Appeal against the order of the Registrar.
- An appeal to the State Council against the order of the Registrar regarding registration of name or alteration of any entry in the Register, shall be in the form of a memorandum and state the grounds on which registration is claimed and furnish the names, the qualifications, and the dates on which they were obtained. On receipt of such appeal the Council may before deciding refer the same to the Executive Committee for enquiry and report.62. Issue of certified copies.
- Certified copies of entries in the register in the form No. VI in Appendix II may be issued any on payment of the fee prescribed in that behalf in rule 67.63. Registering a change of name.
- Fees prescribed in rule 80 shall be levied for registering a change of name in the State Dentists register.64. Application for the removal of name from the register.
65. Supply of copy of Dentists Register.
- Printed copies of the Dentists Register shall be made available to any person who may apply for it to the Registrar and for the supply of each printed copy of the same of fee of Rs. 5 shall be charged from the applicant.66. Entry of certain publications in the Register.
- There shall be made every year and entered in the copy of the printed dentists register maintained under Section 45, and enumeration of the following publications-1. the total number of names of persons entered in register when it was printed.
2. the number of persons restored in the register stating the section of the Act under which the names have been removed.
3. the number of new persons restored during the year.
4. the number of persons restored in the register.
5. the number of persons removed by death.
67. Fees.
- The fees payable under Chapter IV of the Act shall be as follows-| Rs. | |
| For the first registration in the register | 20.00 |
| For every qualification subsequently registered | 10.00 |
| For Annual retention. | 10.00 |
| For restoration to the register after removal for non- paymentof the annual retention fee for the year | 10.00 |
| For restoration to the register under Section 42. | 25.00 |
| For registration of a change of name | 5.00 |
| For every copy of the printed register under Section 45. | 5.00 |
| For every certified copy of an entry in the register | 3.00 |
| For the grant of a duplicate certificate | 6.00 |
Chapter VII
Registrar, Clerks and Office Hours
68. Appointment and retirement of the Registrar.
69. Duties of the Registrar.
70. Registrar shall be ex-officio Secretary.
- The Registrar shall be the ex-officio Secretary of the Executive Committee, and any other Committees set up by the Council. He shall participate in the discussions but shall not function as a member of the committees whether by way of voting or otherwise.71. Retirement age for IV Class staff.
- Members of the ministerial and Class IV staff shall retire on attaining the age of 60 years :Provided that the Executive Committee may at its discretion extend the tenure of a member of the Ministerial or Class IV staff.72. Powers and duties of the staff.
- The powers and duties of the staff will be such as may be laid down from time to time in the Standing Orders as framed for the purposes by the Council.73. Powers of the Registrar for appointment of staff.
- Subject to the approval of the President, the Registrar shall appoint the Ministerial and Class IV staff and may engage such temporary personnel as may be required from time to time, and pay a reasonable rate of remuneration to such personnel, provided it does not exceed the rates sanctioned by the State Government for corresponding permanent staff. These appointments shall be subject to the confirmation by the Council.74. Non-pensionable services of the Registrar.
- The services of the Registrar and other servants shall be non-pensionable but shall have the benefit of Contributory Provident Fund, the Council contributing at the rate of 6 ¼ percent of the substantive pay of the servant.75. General.
- In matters not provided in these rules, the Registrar and members of the ministerial and Class IV staff shall be governed by rules applicable to servants-of the corresponding grade of the State Government.Chapter VIII
76. Common seal.
Chapter IX
77. Inspection of documents.
- Inspection of documents of office of the State Council shall be granted to the member of the State Council when not required for use by its legal advisers or otherwise and subject to the following conditions, namely-Chapter X
78. Finance, Accounts and Audit.
- The Council receive, for the purpose of its expenses, benefactions and contributions from private persons and bodies and the proceeds of the sale of reports and other publications.79. Bankers of the Council.
- The Bankers of the Council shall be the State Bank of India. All funds of the Council shall be paid into the Council's account with the State Bank of India and shall be withdrawn by means of cheques signed by the Treasurer. The cheques shall also be countersigned by the President of the Council or any other officer authorised by him in this behalf during his absence from headquarters. The cheque books shall remain in the personal custody of the Treasurer.80. Manner of keeping funds of the Council.
- The funds of the Council surplus to current requirements may, on recommendation of the Treasurer and with the sanction of the Executive Committee of the Treasurer and with the sanction of the Executive Committee, be invested in fixed deposits with the State Bank of India or in any other manner as may be decided upon in consolation with the State Government.81. Investment of funds in the name of Council.
- An investment of the funds of the Council shall be made in the name of the Council. The safe custody receipts shall remain in the personal charge of the Treasurer and shall be verified once in six months with Register of Investments maintained under rule 104 and a certificate of verification shall be recorded by the Treasurer on the Register and countersigned by the President.82. Preparation of detailed statement of receipts.
- The treasurer shall prepare detailed estimates of the receipts and expenditure for the next financial year, and shall submit the same for the sanction of the Executive Committee at a meeting to be held for the purpose before the 1st November every year. One copy of the finally sanctioned estimates shall be supplied by the 1st November to the Secretary, Public Health Department.83. Non-Appropriation of funds.
- The funds of Council shall not be appropriated for expenditure on any item which has not been duly sanctioned by the Council or by the President or Registrar as the case may be.84. Primary units of appropriation.
- The primary units of appropriation shall be pay of officers, pay of establishments, allowances and honoraria, contingencies and leave and pension or provident fund contribution.85. Power of the President to re-appropriate funds.
- The President shall have power to re-appropriate funds from one unit of appropriation to another within the total sanctioned estimates. Copies of orders sanctioning such re-appropriation shall be communicated to the Executive Committee.86. Power of the Registrar to sanction miscellaneous expenditure.
- The Registrar shall have power to sanction expenditure of miscellaneous and contingent nature upto an amount not exceed Rs. 50 in each case. Expenditure in excess of this amount shall require the sanction of the President.87. Permanent Advance.
- A permanent Advance of Rs. 100 shall be made to the Registrar.88. Registrar and President as certifying Officer for T.A. & D.A.
- The Registrar shall be the certifying officer for travelling, halting and other allowances to members, and employees of the Council and the President for those of the Registrar.89. Maintenance of account registers.
- The following account registers of the Council shall be maintained-1. Cash Book,
2. Classified Abstract,
3. Register of Investments,
4. Register of stock and furniture,
5. Register of stock of cheque books and receipt books,
6. Register of leave and pension or provident fund contributions,
7. Register of permanent advances,
8. Annual Accounts.
90. Classified Abstract of monthly accounts.
- Monthly accounts shall be complied in the Classified Abstract according to the primary units of appropriation. Suitable secondary units may be opened at the discretion of the Registrar who shall be responsible for the due preparation and maintenance of all accounts.91. Audit of accounts of the Council.
Chapter XI
Fees and Allowances for Attending the Meeting of the Council and the Executive Committee and Other Expenses.
92. Non-payment of fee for attending the meetings.
- No fee shall be paid for attending a meeting of the State Council or the Executive Committee.93. Drawing of T.A. as per Madhya Pradesh Services Rules.
94. Appeal against Registrar's refusal to register.
95. Repeal and Saving.
- From the date of commencement of these rules, all previous rules, notification and orders on the subject stand repealed: Provided that anything done or any action taken in exercise of any power conferred by the said rules, shall be deemed to have been done or taken under this rules.Appendix IForm I(See Rule No. 6)Nomination PaperElection under clause (a)/(b) of section 21 of the Dentists Act, 1948.Name of candidate.....................Father's name...................Age..................Nature of qualification under Section 33......................Registration Certificate No......................Serial No. in the electoral roll.................Address...................| Name of proposer....................... | Name of Seconder............................... |
| Registration Certificate No.................. | Registration Certificate No.............. |
| Serial No. in the electoial Roll............. | Serial No. in the electoral roll......... |
| Qualification.................... | Qualification............... |
| Address..................... | Address.......................... |
| Signature................... | Signature........................ |
| Station........................ | Signature......................... |
| Date........................... | Address........................... |
| Serial number............ | Name of candidate duly nominated.............. | Vote....................... |
1. The number of vacancies to be filled is......
2. Place a cross mark (thus X) against the name of the candidate (or such of the candidates) for whom you wish to vote.
3. A voting paper will be invalid if-
2. The voting paper will be rejected if-
3. A voting paper will be invalid, if-
4. If a voter inadvertently spoils a voting paper, he can return it to the Returning Officer who will, if satisfied on such inadvertence issue to him another voting paper.
5. The scrutiny and counting of voting will begin on .......(date) at ......(hour).
6. No person shall be present at the scrutiny and counting except the Returning Officer, such other persons as he may appoint to assist him, the candidates or their duly authorised representatives.
(Returning Officer)Appendix IIForm I(See Rule 57)Form of application for registration of Dentists under section 34 of the Dentists Act, 1948 (XVI of 1948)To,The Registrar,Madhya Pradesh State Dental Council,IndoreSir,I have to request you to enter my name, address and qualifications as stated below in part A/B of the register of dentists for the State of Madhya Pradesh.Registration fee of Rs. 20 (Twenty) only is sent by crossed postal order.Particulars about myself are furnished below :Name in full (block letters only)..................................Father's name..........................................................Place of birth, date and year......................................Nationality (Kindly give information in details)...................Whether Citizen of India by domicile/birth.........................Whether subject of a foreign Government (state the country)............Residential address................................................Professional address...............................................Number of years in practice.........................................................Employment, if any.........................Particulars of the Qualifications :Description of qualifications of which registration is desired.Name of the University or Faculty or Examining or Licensing Body with lull address....................Date of attaining the qualification........................Institution through which appeared........................DeclarationI.......... (Applicant) hereby declare that the statements made above are correct. I further declare that I shall maintain the dignity and ethical standard of the profession in my practice as a dentist.I undertake that I shall intimate to the Registrar any change of my address or place of practice.The degree, diploma or certificates of my qualification is submitted herewith, it may be returned as soon as done with.| Yours faithfully, | |
| Address : | ........................ |
| Date : | (Signature of applicant) |
1. All particulars given above must be filled in by the applicant himself.
2. All particulars should be in neat legible hand.
3. Registration fees should be sent only by a crossed postal order payable to the Registrar, Madhya Pradesh. State Dental Council at Indore, General Post Office.
4. Candidates should note that their names entered in the application must exactly correspond with their names in the University or other Examinations as the case may be.
5. Please give below a specimen of your signature as used by you on certificates.
6. All applicants for registration in Part B of the Register must get their signatures attested by a first class magistrate.
Form II[See Rule 56 (1)]Form of the register of dentists, part a/b1. Serial No..................
2. Names in full...................
3. Father's name...................
4. Date of birth...................
5. Nationality......................
6. Residential address....................
7. Date of first admission to the Register.....................
8. Qualification for registration...........................
9. Date on which degree of diploma in dentistry, if any, was obtained and the authority which conferred it....................
10. Professional address.....................
11. Employment, if any.....................
12. Date of renewal of registration......................
13. Remarks (Note-'Removal' or Restoration of name with dates....................
Form III[See Rule 56 (4)]Certificate of Registration under Dentists Act, 1948 (XVI of 1948)This is to certify that the person named below has been registered as a dentist in Part A/B of the State Register under the provisions of the Dentists Act, 1948 (and his registration was last renewed on..............).This certificate shall remain in force till.......Name..................Qualification.................Registered No......................................Signature| Yours faithfully, | |
| Address................ | ........................ |
| Date................... | (Signature of applicant) |
| Name..................... | ........................ |
| Qualification............... | Signature of Registrar |
| Registered No................ | Madhya Pradesh State Dental Council, Indore. |
| Name | Address | Registration No. | Date of Registration | Qualification |
| (1) | (2) | (3) | (4) | (5) |