Vimala Mahmood Foundation



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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

patient.

(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 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 :—

To

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.



 

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