|5th April, 1966*
In exercise of the powers conferred by clause (j) of sub-section (2) of section ,55 of the Dentists Act, 1948 (XVI of 1948), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, namely :—
1. Short title—These rules may be called the Dentists (Ethical
Conduct) (Maharashtra) Rules, 1965.
2. Duties and obligations of dentists towards patients -(a) Every dentists should be mindful of the high character of his mission and the responsibilities he holds in the discharge of his professional duties and should always remember that treatment of the patient and the cure of the disease depends upon the skill and prompt attention shown by him.
(b) He should be guided by the principle that the most worthy and effective advertisement possible is the establishment of a reputation for professional ability and fidelity.
(c) He should treat the welfare of the patient as paramount to all other considerations and should conserve it to the utmost of his ability.
(d) He should be courteous, sympathetic, friendly and helpful to. and always ready to respondent to, the call of his patients.
(e) He should observe punctuality in fulfilling his appointments.
(f) He should deem it a point of honour to adhere with as much uniformity as the varying circumstances will admit, to the remuneration for professional services.
(g) He should not permit considerations of religion, nationality, race, party politics or social standing to intervene between his duties and his
(h) He should keep all information of a personal nature which he comes to know about, or directly from, a patient, in the course of dental
practice, in the utmost confidence. He should be responsible to see that auxiliary staff also observe this rule.
3 Duties of one dentist towards another—(a) Every dentist should cherish a proper pride in his colleagues and should not disparate them either by act or word.
(b) When one dentist is entrusted .with the care of a patient of another dentist during the latter's sickness or absence, mutual arrangements should be made regarding remuneration (c) A dentist called upon in any emergency to treat the patient of another dentist should when the emergency is provided for, retire in favour of the regular dentist but shall be entitled to charge the patient for his services.
(d) If a dentist is consulted by a patient of another dentist, and if the former finds indisputable evidence that such a patient is suffering from previous faulty treatment, it is his duty to institute correct treatment at once with as little comments as possible, and in such manner, as to avoid reflection on such other dentist.
(e) No rule debars a dentist from charging another dentist for professional service ; but ordinarily it should be regarded as a pleasure and privilege to render gratuitous service to another dentist, his wife and dependent children.
4. Duties to dentist to public, etc.—(a) It is incumbent upon every dentist, that under all conditions, his bearing towards patients and the public should be characterised by a dignified department.
(b) Knowledge or information of a patient gained in the course of examination and treatment is privileged ; and a dentist is not bound to disclose professional secrets, and he should not disclose any such information, except with the consent of the patient, or on being ordered so to do by a Court of Law.
5. Unethical Practices— (1) The following acts constitute unethical practices on the part of a dentist, namely :
(a) Employment by a dentist in his professional practice or allowing by him any assistant (not being dental hygienist or a dental mechanic) whose name is not registered either in the Dentist's Register or in a Medical Register, to practice dentistry as denned in clause (d) of section 2 ;
(b) Enabling knowingly, by a dentist, by his presence, countenance, advice, assistance, or co-operation, an unregistered person (not being students enrolled at a recognised dental institution) whether described as an assistant or otherwise, to practise dentistry ;
(c) Styling by any dentist his dental clinic or chambers by the name of "Dental Hospital" ;
(d) Contravention of the provisions of the Drugs Act, 1940 and the rules made thereunder involving an abuse of privileges conferred thereunder upon a dentist, whether such contravention has been the subject of criminal proceedings or not;
(e) Signing under his name and authority any certificate which is untrue, misleading or improper.
(2) The following practices shall also be treated as unethical practices on the part of dentists, namely :—
(a) giving of false certificates,
(b) immorality involving abuse of professional relationship,
(c) conniving at or aiding in any illegal practice by others,
(d) giving of testimonials directly or indirectly concerning the supposed virtues of secret therapeutic agents or medicines,
(e) promise of redical cure by the employment of secret methods of treatment.
6. Advertising and canvassing :—The following practices by any dentist are considered as contrary to the public interest and discreditable to the profession of dentistry, namely :—
(a) advertising, whether directly or indirectly, for the purpose of obtaining patients or promoting his own professional advantage ;
(b) acquiescing in, or procuring or sanctioning or acquiescing in the publication of notices commending or directing attention to the practitioner's professional skill, knowledge, services or qualifications, or of being associated with or employed by those who procure or sanction such advertising or publication ;
(c) employing any agent or canvasser for the purpose of obtaining patients ; or sanctioning or being associated with or employed by those who. sanction such employments.
Explanation :—The following amongst others will be deemed to be advertising :—
(a) the use or exhibition of any sign, other than a sign which in its character, position, size and wording is merely such as may reasonably be required to indicate to persons seeking them the exact location of and entrance to the premises at which the dental practice is carried on ;
(b) the use of sign boards larger than 0.9 m. by 0.6 m. and the use of such words as "Teeth", "Painless Extractions" or the like, of notice in regard to practices on premises other than those in which a practice is actually carried on, of show cases; of large light signs, especially if intermittent, and the use of any sign showing any matter other than his Dame, qualifications as defined under section 2 (j) of the Dentists Act, 1948, titles and the name of the speciality ;
(c) affixing sign board on a chemist shop or in places where he does not reside or work ;
(d) the insertion of all paragraphs and notices in the press and also the announcement of names in the trading lists and the display of announcements at places of public entertainment, not being announcement of a change of address ;
(e) allowing his name to be used to designate commercial articles such as tooth paste, tooth brush, tooth powders, mouth washes, liquid cleaners or the like or on circulars for such items; or permitting publication of his opinion on any such items in the general or lay papers or journals ;
(f) printing of name in the telephone directory in any type other than that used for ordinary subscribers.
7. Issuing circulars :—A dentist being, or having been, in the employ of another dentist shall not either during or after the termination of such employment send, cause or authorise to be sent any letter, notice, circular or written communication to, or interview, or cause to be interviewed, or approach any person, whom he (the employee) has professionally attended for or on behalf of his employer during such employment or any other of his principal's patients notifying such person or other patients, that he (employee) intends to leave or has left the employment of his principal or that he has commenced or will commence practice in another location.
8. Use of bogus diplomas etc. :—(1) A dentist shall put after his name only the recognised dental qualifications as defined under section 2 (j) of the Dentists Act, 1948.
(2) He shall not insert on any sign board, visiting card, letter head, or anywhere else an indication of his practice of any profession other than dentistry :
Provided that, dentist who is a qualified medical practitioner may insert his medical qualifications, if any.
9. Allowing commission :—A dentist shall not pay or allow a commission or discount to any other person or body of persons as a return for patients being sent or recommended to him, or for dental services rendered by him to such patients, nor shall be accept any monetary or other benefit for recommending any proprietory or patented drugs, appliance and tooth paste, powder and the like.
10. Action for unethical conduct :—When information is received by the State Dental Council that any dentist is resorting to any unethical practice, as is mentioned in Rule 5, or is committing a breach of any of the other rules, the Council may call upon him to explain and after giving him a reasonable opportunity of being heard and after making such enquiries, if any, as it may deem fit, decide whether this action is tantamount to infamous conduct in any professional respect and then determine the action to be taken under section 41 of the Dentists Act, 1948.
THE BOMBAY DENTISTS RULES, 1951
G.N., L.S.G. & P.H.D., No. 2338/33, dated 19th February, 1951*
In exercise of the powers conferred by section 55 of the Dentists Act, 1948 (XVI of 1948), the Government of Bombay is pleased to make the following Rules, namely :—
1. These Rules may be called the Bombay Dentists Rules, 1951.
2. In the Rules, unless there is anything repugnant in the subject or context,—
(a) 'Act' means the Dentists Act, 1948 ;
(b) 'Appendix' means the appendix to these Rules ;
(c) 'Council' means the State Dental Council constituted by the Government of Bombay under section 21 ;
(d) 'Form' means a form given in the Appendix ;
(e) 'Registrar' means the Registrar appointed under section 28 ;
(f) 'Section* means a section of the Act.
I. Elections of Members of the Council
3. A roll shall be maintained by the Registrar showing the names of the members of the Council, the electorate or interest which each member represents, the date of his election or nomination, the term of his office, the date on which any member vacated his seat and the date on which the term of office of a member is due to expire.
4. Sixty days before the expiration of term of office of any member of the Council, the Registrar shall invite the attention of the President of the Council and of the authority concerned to the necessity of holding fresh election or making fresh nomination, so that the successor may be elected or nominated, as the case may be, in due time to take his seat with effect from the day on which the term of office of the retiring member will expire.
5. On the resignation or death of any member of the Council or the seat of any member becoming vacant under sub-section (3) of section 27, the Registrar shall invite the attention of the President and the authority concerned to the casual vacancy thus caused in order that the same may be filled up by fresh election or nomination, as the case may be, as soon as possible.
6. In the case of nominated members, the President also shall inform the State Government of any such vacancy, requesting them to fill the same. In the case of a member to be elected under clause (d) of section 21, the President shall inform the State Medical Council of the vacancy requesting the Council to fill the same.
7. In the case of members to be elected under clause (a) or (b) of section 21, the President or any other person authorised by him in writing in this behalf shall be the Returning Officer. The Returning Officer shall, some time not less than forty-two days, and not more than sixty days, before the day on which the term of office of any such member expires and as soon as conveniently may be after the occurrence of any vacancy arising from the death or resignation of any such member or of any seat becoming vacant under sub-section (3) of section 27, issue his precept to the electorate concerned, requiring the said electorate to elect a member or members by a date mentioned in precept.
8. The following shall be the procedure adopted for filling up vacancies by election under clause (a) or (b) of section 21 : —
(1) The electoral roll shall be prepared by the Registrar from the State Register. The roll shall show the names alphabetically and separately of the dentists registered in Part A and of those registered in Part B of the State Register. The roll shall contain the name, qualifications and address of every person qualified to vote for the election of a member to fill up the vacancy or vacancies.
(2) Candidates qualified for election shall be proposed and seconded by persons qualified as electors. No elector shall propose or second the nomination of more persons than are required to fill up the vacancy or vacancies. If more nominations than are required to fill up a vacancy or vacancies be subscribed by the same elector, all nominations subscribed by him shall be held to be void.
(3) The candidate shall sign the nomination paper declaring that he is willing to serve on the Council, if elected. In the absence of such a declaration the nomination shall be treated as invalid.
(4) The candidate shall send to the Returning Officer by post or otherwise a nomination paper in the form approved by the Council duly signed and completed so as to reach the Returning Officer on or before the last date appointed by the Council for the receipt of nomination papers. The last date for receiving nominations shall not be earlier than 40 days from the date appointed for counting of votes. A nomination paper in the form approved by the Council shall be supplied by the Returning Officer to any elector asking for the same. Any nomination paper which is not received by the Returning Officer on or before the date appointed by the Council shall be rejected.
(5) On she date and at the place appointed by the Council for scrutiny of nominations, the Returning Officer shall scrutinize the nomination papers received by him. Any candidate may be present either in person or by an accredited representatives at the time of such scrutiny. On completion of the scrutiny of nominations and after the expiry of the period within which candidature may be withdrawn under sub-rule (6), the Returning Officer shall forthwith declare the names of the candidates whose nomination papers are held valid by him.
(6) Any candidate may withdraw his candidature by notice in writing signed by him. Such notice shall not be valid, unless it is delivered to the Returning Officer, or sent to him by post or otherwise and received by the Returning Officer, before the time and the date appointed by the President for such purpose.
(7) If in case of any election the number of candidates duly nominated does not exceed the number required to fill up the vacancy or vacancies, the Returning Officer shall forthwith declare all such candidates to be elected.
(8) If at any election the number of candidates duly nominated exceeds the vacancies to be filled up; the Returning Officer shall forthwith publish their names and addresses on the notice-board of the Council, in the Bombay Government Gazette and in such manner as the Council may direct. The Returning Officer shall further arrange for the printing of the voting papers in Form A given in the Appendix, with the names of the candidates entered therein in alphabetical order. Such names and the instructions given in the voting paper shall be printed in English, Hindi, Marathi, Gujarati and Kannada.
(9) The Returning Officer shall, not less than twenty-one days before the date appointed for counting of votes, send by post to each elector one such voting paper signed by the Returning Officer or bearing a facsimile stamp or heaping his seal, a smaller blank cover with the words "Voting Paper" printed thereon and a bigger cover on which are printed on the left top corner the serial alphabetical number of the elector and on the left lower corner the name and the signature columns for the elector and in the centre the address of the Returning Officer as under :—
The Returning Officer,
C/o The Bombay State Dental Council Office, Bombay.
(10) An elector who has not received his voting paper and other connected papers sent by post or whose papers, before they are dispatched back to the Returning Officer have been inadvertently spoiled in such manner that they cannot be conveniently used or who has lost his papers, may on his transmitting to the Returning Officer a declaration to that effect signed by himself require the Returning Officer to send him duplicate papers in place of those not received, spoilt or lost and if the papers have been spoilt, the spoilt papers shall be returned to the Returning Officer who shall cancel them on receipt. In every case when duplicate papers are issued a record thereof shall be kept by the Returning Officer and a mark "Duplicate" shall be placed on the bigger cover, which will bear the same serial alphabetical number as was originally given to the said elector. The voting papers issued in such cases shall also be marked "Duplicate".
(11) The Returning Officer shall notify in the Bombay Government Gazette and in such other manner as the Council may direct, the date, time and place fixed by the Council for each of the following stages of the election, namely :—
(i) Last date for the receipt of the nomination papers,
(ii) Date and place for scrutiny of nomination papers.
(iii) Last hour and date for withdrawal of candidature.
(iv) Date, time and place for counting of votes.
(12) Before such date as may be appointed by the Council for counting of votes every elector desirous of voting shall send his voting paper to the Returning Officer and the Returning Officer shall keep the same collected in sealed boxes :
Provided that any voting paper which is not received by the Returning Officer before 12 noon on the date appointed for the counting of votes or which does not confirm to these rules shall be rejected,
(13) The President and if he be unable to act, the Vice-president, shall nominate as scrutineers such number of members of the Council not exceeding four, as he thinks fit.
(14) The Returning Officer shall attend for the purpose of counting the votes on such date and at such time and place as may be appointed by the Council in this behalf. Any candidate may be present in person or by an accredited representative at the counting of the votes
(15) When the counting of the votes has been completed, the Returning Officer shall forthwith declare the candidate or candidates as the case may be, to whom largest number of votes have been given, to be elected and shall forthwith inform the successful candidate by letter of his being elected on the Council. Every candidate who is elected shall, within such period as may be specified by the Returning Officer in the letter, signify to the Returning Officer his acceptance of a seat on the Council. If no such intimation is received by the Returning Officer within the said period, the candidate shall be deemed to have accepted a seat on the Council. If the candidate has intimated to the Returning Officer that he does not accept a seat on the Council, then' one of the remaining candidates to whom the next largest number of votes have been given shall be declared to have been elected in the manner prescribed above in the place of the candidate first elected and the same procedure shall be followed if further vacancies are caused by the refusal of the candidate to accept a seat on the Council.
(16) When an equality of votes is found to exist between any candidates and the addition of a vote will entitle any one or more of the candidates to be declared elected, the determination of the person or persons to whom such one additional vote shall be deemed to have been given shall be made by lot, to be drawn by the Returning Officer and in such manner as the President or the person authorised by him in this behalf may determine.
(17) Upon the completion of the counting of votes, and after the result has been declared by him, the Returning Officer shall seal the voting papers and all other documents relating to the election including nomination papers and covers of voting papers and shall retain the same for a period of six months and thereafter cause them to be destroyed.
(18) The Returning Officer shall inform the President of the result of election.
(19) If any dispute arises regarding any such election, the Council shall refer such dispute to the State Government, whose decision shall be final.
(20) The first elections to the Council shall be held by the Registrar of the Dentists Registration Tribunal ; and for the said purposes he shall exercise the powers and perform the duties conferred or imposed on the Council and the President and Vice-President by these rules and the preceding rules.
9. On receipt of official intimation of the election of a member, the President shall inform the State Government of the same for publication in the Bombay Government Gazette. The notification of the election of a member shall be read by the Registrar and be shall then be introduced to the meeting by some member of the Council. The above procedure shall be adopted also in the case of nominated members.
10. Subject to the provisions of section 25, the President and the Vice President shall be elected at the first meeting of the newly elected Council.
11. Every meeting of the Council and the Executive Committee shall be presided over by the President or if he be absent, by the Vice-President, and if both the President and Vice-President are absent, by such one of the members present as may be chosen by the meeting to be the Chairman for the occasion.