Health Ministry Notifies National Dental Commission Rules 2024 in Gazette, details

New Delhi: After enacting the National Dental Commission Act, 2023, the Dental Education Section of the Union Ministry of Health and Family Welfare has published the National Dental Commission Rules, 2024 in the Official Gazette.

Specifying the manner of appointment of the members and other office bearers of the Commission, these rules have come into force on the date of publication in the official Gazette i.e. 13.03.2024.

These rules include the manner of appointing part-time members, the nomination of experts as members of Search-cum-Selection Committee, the rules of paying salaries and allowances to the Chairperson and members of the Commission, Presidents, whole-time members and part-time members of the Boards, rules of appointing the Secretary of the Commission, nomination of members of the Dental Advisory Council, manner of appointing second part-time members of the Boards, details regarding leave sanctioning authority, contributory provident fund, application of Central Civil Services Rules, rules for declaration of Assets and liabilities, rules of paying compensation to the members of erstwhile Dental Council of India etc.

Manner of Appointment of Part-time members under Sub-section (4) of Section 4 of the National Dental Commission Act, 2023: 

(1) As per the rules, three part-time Members under clause (a) of sub-section (4) of section 4 shall be appointed by the Central Government on the recommendations of the Search-cum-Selection Committee for a term of four years, from amongst persons having special knowledge and professional experience of not less than twenty years in areas of management, law, medical ethics, health research, consumer or patient rights advocacy, science and technology or economics.

In case of any vacancy, the concerned Committee shall convene its meeting to recommend suitable candidates at the earliest but not later than three months from the occurrence of such vacancy.

Further, the rules specify that the panel shall recommend a panel of at least three names for each vacancy of a parttime Member referred to it and the persons so appointed shall serve as a Member of the Commission for a full term of four years.

(2) The rules specify that ten part-time members under clause (b) of sub-section (4) of section 4 shall be appointed by the Central Government amongst the members of the Dental Advisory Council nominated under clauses (c) and (d) of sub-section (2) of section 11, on rotation basis, after every two years, by draw of lots on such date as may be decided by the Central Government.

The Gazette notification further mentions that the draw of lots shall be conducted, in the presence of the Union Health Secretary, with paper slips of uniform size, colour and design bearing individual names of each State and Union territories, which shall be folded in such manner so as to preserve the confidentiality.

Besides, according to the rules, there shall be separate draw boxes for the States and the Union territories out of which nine slips shall be picked up from the draw box for the States and one slip shall be picked up from the draw box of the Union territories.

At every subsequent two-year interval, the draw of lots shall be restricted to those States or Union territories not represented as Members in the immediately preceding term. Apart from this, the rules further mention that no State or Union territory shall be represented by more than one nominee in the Commission at a time.

In the event of a vacancy of a Member, including by reason of death, resignation or removal, the State Government or the Ministry of Home Affairs, as the case may be, shall nominate another person in his place at the earliest and within three months from the occurence of such vacancy, and the person so nominated, shall be a Member only for the remaining term of two years.

(3) Nine part-time Members from amongst the members of the Dental Advisory Council shall be nominated under clause (e) of subsection (2) of section 11, on a rotation basis, after every two years, by draw of lots on such date as may be decided by the Central Government, specify the rules.

As per the rules, the draw of lots shall be conducted, in the presence of the Union Health Secretary, with paper slips of uniform size, colour and design bearing individual names of each State and Union territories, which shall be folded in such manner so as to preserve the confidentiality. Further, the rules mention that there shall be separate draw boxes for the States and the Union territories out of which eight slips shall be picked up from the draw box for the States and one slip shall be picked up from the draw box of the Union territories.

No State or Union territory shall be represented by more than one nominee in the Commission at a time and the first draw of lots shall be restricted to those States and Union territories which are not represented as part-time Members under rule 4 and the draw of lots at every subsequent two-year interval, shall be restricted to those States and Union territories not represented as Members in the immediately preceding term.

In case of a vacancy, the State or the Ministry of Home Affairs shall nominate another person in his place at the earliest and within three months from the date of occurence of such vacancy and the person so nominated shall be a Member only for the remaining term of two years.

(4) Another two part-time Members shall be appointed by the Central Government from amongst dental faculty of the level of Associate Professor or above, for a period of four years.

These two members shall be appointed based on nominations invited from the Central or State or Autonomous Government Instututes. In case of vacancy, the Central or State or Autonomous Government Institute, as the case may be, shall nominate another person in his place at the earliest and within three months from the date of occurence of such vacancy and the person so nominated shall serve as a Member for a full term of four years.

Nomination of experts as members of Search-cum-Selection Committee: 

Three experts, possessing outstanding qualification and experience of not less than twenty-five years in the field of dental education, public health education and health research from Government Institutes, one expert, having outstanding qualifications and experience of not less than twenty-five years in the field of management or law or economics or science and technology shall be nominated by the Central Government as members of the Search-cum-Selection Committee.

These nominated persons shall serve as members of the panel for two years and in the event of vacancy, the Central Government shall nominate another person as a member at the earliest and within three months. The person so nominated shall remain a member of the panel for two years, mentioned the rules.

Salaries and allowances payable to Chairperson and allowances payable to Members of Commission:

The rules mention that the salary payable to the Chairperson shall be equivalent to the salary admissible to an Additional Secretary to the Government of India, provided that where the Chairperson is a retired person from the Government, semi-Government agency, public sector undertaking or recognised research institution, the salary payable together with the pension or pensionery value of the terminal benefits, or both, received by such Chairperson shall not exceed the last pay drawn.

If the Chairperson is in the service of the Central or State Government or a Union Territory Administration, his salary and allowances shall be regulated as per the applicable rules in his parent cadre or department, or as per the Dental Commission Act, whichever is higher. In this case, the appointment of the Chairperson in the Commission shall be treated as being on deputation.

Further, the rules mention that the Chairperson and every other member of the Commission shall be entitled to dearness allowance, travelling allowances and daily allowances appropriate to their pay at the rates admissible to officers of equivalent level in the Central Government, provided that dearness allowance and travelling allowance of ex officio Members shall be borne by the parent department or organisation.

The Chairperson and every Member shall be his own controlling officer in respect of his bills relating to travelling allowances and daily allowances, mentioned the Gazette notification.

Secretary of Commission: 

The Central Government shall appoint the Secretary of the Commission and he or she must have the following qualifications:

(i) a post-graduate degree in any discipline preferably related to Dental or Public Health or Health Administration from any University or Institute; and (ii) holding analogous post on regular basis in the parent cadre or department; or (iii) with minimum three years’ regular service in Level 13 in the pay matrix or equivalent thereto; or (iv) with minimum seven years’ regular service in Level 12 in the pay matrix or equivalent thereto; and (v) having experience in the Central Government or a State Government or any statutory body or recognised organisation or institution of not less than twelve years in his related service or profession along with administrative experience of not less than five years.

The rules further clarify that a person who has completed the age of fifty-five years on the date of application shall not be eligible for this post. The salary payable to the Secretary shall be equivalent to the salary of Joint Secretary to the Government of India and the Secretary shall be entitled for dearness allowance, travelling allowances and daily allowances appropriate to his pay at the rates admissible to Joint Secretary to the Government of India.

The Secretary shall hold office for a term of four years or till he attain the age of sixty years, whichever is earlier, mentioned the Gazette notification.

Nomination of member of Dental Advisory Council: 

If a State or Union Territory does not have any Government Dental College, the State or Ministry or Home Affairs (for the UT) shall nominate a person as a member of the Dental Advisory Council.

The nominated person must have the following qualifications:

(a) a post-graduate degree in any discipline of dental sciences from a recognised University or institute;

(b) registered with the National Register or State Register; and

(c) having experience of not less than fifteen years in the field of dental sciences.

Manner of appointment of second part-time Members of Autonomous Boards: 

The second part-time members of the Autonomous Board of the Commission shall be appointed by the Central Government by draw of lots from amongst the Members of the Commission appointed under clause (c) of the sub-section (4) of section 4 who have given their consent to serve as second part time Member of Autonomous Board and the name of any unwilling Member shall not be included in the draw box. The draw of lots shall be conducted in the presence of the Union Health Secretary

As per the rules, three slips shall be picked from out of the nine slips in the draw box containing the names of the nine States and the name appearing in the first slip shall represent the second part-time Member of the Undergraduate and Postgraduate Dental Education Board, the name appearing in the second slip shall represent the second part-time Member of the Dental Assessment and Rating Board and the name appearing in the third slip shall represent the second part-time Member of the Ethics and Dental Registration Board.

The second part-time Members shall be appointed for a term co-terminus with their membership in the Commission under clause (c) of sub-section (4) of section 4. In case of any vacancy, the Central Government shall appoint another second part-time Member in the manner provided in this rule.

Salaries and allowances payable to President and whole-time Members, and allowances payable to part-time Members, of Boards:

As per the rules, the salary of the President and whole-time Members of a Board shall be equivalent to the salary of an officer of the level of Joint Secretary to the Government of India, provided that where the President or a whole-time Member of a Board, is a retired person from the Government, semi-Government agency, public sector undertaking or recognised research institution, the salary payable together with the pension or pensionery value of the terminal benefits, or both, received by such President or whole-time Member shall not exceed the last pay drawn.

If the President or whole-time Member of a Board is in the service of the Central/State/UT government/administration, his salary and allowances shall be regulated in accordance with the rules applicable to such President or a whole-time Member in his parent cadre or department, or as per sub-rule (1), whichever is higher, and his appointment in the Commission shall be treated as being on deputation.

Further, the President and whole-time Members of each Board shall get dearness allowance appropriate to their pay at the rates admissible to officers of equivalent level in the Central Government.

 The President and every other Member of each of the Boards shall be entitled to travelling allowance and daily allowances at the rates appropriate to their pay admissible to officers of equal rank in the Central Government, mention the rules.

Sitting Fee: 

As per the rules, the ex-officio and part time Members of the Commission and the part-time Members of each Board, shall be entitled to a sitting fee of five thousand rupees for each day of sitting of the Commission or the Board.

Leave and Leave Sanctioning Authority: 

The Chairperson, Members of the Commission, Secretary to the Commission, the President and whole-time Members of each Boad shall be entitled to- earned leave, half pay leave and commuted leave as admissible to Central Government servants in accordance with the Central Civil Services (Leave) Rules,1972, as amended from time to time.

Further, they shall also get extraordinary leave as admissible to the temporary Central Government servants under the Central Civil Services (Leave) Rules, 1972, as amended from time to time.

The rules mention that the Central Government shall be the authority competent to sanction leave to the Chairperson of the Commission and the Chairperson can sanction the leaves to the Members, other than ex officio Members of the Commission and the Secretary, the President of a Board. In the case of the Boards, the concerned President shall have the authority to sanction leaves to the whole-time Member.

Contributory Provident Fund: 

The rules specify that the Chairperson, President and whole-time Members of the Board shall be governed by the provisions of the Contributory Provident Fund Rules (India), 1962 and there shall be no option to subscribe under the General Provident Fund (Central Services) Rules, 1960. They shall not be entitled to additional pension and gratuity for the service rendered by them in the Board.

Application of Central Civil Services Rules: 

The Chairperson, Secretary, President and whole-time Members of the Commission and the Boards, as the case may be, shall be governed by the provisions of the Central Civil Service (Conduct) Rules during their tenure.

Declaration of Assets, professional and commercial engagement or involvement:

As per the rules, the Chairperson, Secretary, President, and Members of the Commission and Boards shall file a return of their assets and liabilities in Form A annexed to the rules and declare their professional and commercial engagement or involvement at the time of appointment, and at the time of demitting office as such Chairperson or Secretary or Member, in Form B.

Other powers and functions of the Commission: 

The Commission shall-

(a) undertake study to reduce the cost of dental education in the country;

(b) suggest, among others, adoption of modern technology, intensive use of infrastructure, faculty sharing, and global best practices with a view to reduce the cost of education and make it more accessible;

(c) decide the manner of hearing appeals against the decisions of Boards: Provided that where an appeal is filed against the decision of a Board, the President of such Board shall not participate in the appeal proceedings;

(d) make regulations after (i) consulting all State Governments, Union territory Administrations and other stakeholders, such as, association of dental professionals, association of resident dentists and patient rights bodies; (ii) giving wide publicity by placing draft regulations on the website of the Commission for a period of thirty days; (iii) taking into consideration all objections or suggestions received from the general public; (iv) Consulting the Legislative Department in the Ministry of Law and Justice on the final draft of the regulations through the Ministry of Health and Family Welfare;

(e) endorse a copy of each major decision taken by the Commission to the Ministry of Health and Family Welfare through its Secretary and publish it on the website of the Commission; (f) furnish such information or report to the Central Government as may be required by the Central Government from time to time

Compensation payable to erstwhile employees of the Dental Council of India: 

The rules also mention that the National Dental Commission shall decide on the premature termination and compensation payable to the regular employees of the erstwhile Dental Council of India within a period of one year.

An employee of the erstwhile Dental Council of India, unless continued with the Commission on contract basis, shall be paid an advance amount equivalent to three months’ salary at the time of termination of his service which shall be deducted from the total compensation package.

Further, the rules mentioned that an employee of erstwhile DCI who is not continued with the Commission, shall be paid compensation package including pensionary benefits applicable to such employee as per the terms and conditions of his service at the time of his appointment in the erstwhile Dental Council of India.

To view the rules, click on the link below:

https://medicaldialogues.in/pdf_upload/national-dental-commission-rules-2024-234296.pdf

Also Read: National Dental Commission Act 2023 Act notified, Details