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FTTETN FTT_Y3, fTTTF 23 , 2008

rules · 1948 · State unknown

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Parent: THE DENTISTS ACT, 1948 (73cdb97cc3d17a087a01eea46b2cd5828b1d9b5b)

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153 (50) FTTETN FTT_Y3, fTTTF 23 , 2008 HTTT 4 8| 5 34 TIA<t @fdt & PT2T #RT 31 V8JN 4 7184 & 64 # sam 74 f4q1 TT T80 | [ut 4. 8() < 4/34-1/2001] RToqHTaI & 311 v, fdd4 Rie, YIRTT 84 vfed, fafa vd FT. (yy_1) faTT, PTRT WfTdTaT4, UTY Medical Health Department NOTIFICATION Jaipur, September 17, 2008 G.SR,ll6 In exercise of the powers conferred by section 55 of the dentists Act,; 1948 (Act No. 16 of 1948), the State Government hereby makes the following rules, namely: - CHAPTER-1 PRELIMINARY 1. Short title and commencement (1) These rules, may be called the Rajasthan State Dental Council Rules, 2008. (2) They shall come into force from the date of their publication in the Official Gazette. 2 Definition:- In these rules, unless the context otherwise requires a) Act' means the Dentists Act; 1948 (Act No. 16 of 1948). (b) 'Council' means the Rajasthan State Dental Council constituted under section 21, (c) 'Executive Committee means the Executive Committee constituted under sub- section (1) of section 29. (d) 'Form' means a Form appended to these rules 153 (51) FTTETN r_Y3, TTF 23 , 2008 HTTT 4 e Government' means the Government of Rajasthan; 'President' means the President; elected under sub- section (1) of section 251; 'Register' means the Register of Dentists, Dental Hygenist Dental Mechanic prepared and maintained under the Act: (h) 'Registrar' means the Registrar, appointed under clause (a) of sub-section (1) of section 28; (i) 'Section' means section of the Act; 3. Composition of Council Composition of Council for State shall be as per section 21 of the Act: 4. Office of the Council The office of the Council shall be situated at Jaipur CHAPTER-II ELECTION OF MEMBERS 5. Electorate for various constituencies (1) For the purpose of elections under clause (a) of section 21 o

Rule TOC

153 · (50)
153 · (51)
3 · Composition of Council Composition of Council for State shall be as per section 21 of the Act:
4 · Office of the Council The office of the Council shall be situated at Jaipur
5 · Electorate for various constituencies
2 · For the purposes of elections under clause (b) of section 21 of the Act, Part-Bof the register of Dentists prepared under section 31 f the Act, as amended by the decision of the Appellate Authority and as is stands on the day, which shall be 30 days before the date fixed under clause (a) of rule 7 shall constitute the electoral roll:
6 · Returning Officer The Registrar shall be the Returning Officer:
153 · (52)
7 · Fixation of dates for various stages of election The Returning Officer shall appoint and shall notify in the Rajasthan Government Gazette and in such other manner as he thinks fit; the date, time and place for:-
8 · Nomination of candidates Every candidate for election shall be nominated by means of a nomination papers in Form-A, which shall be supplied free of cost by the Returning Officer to any elector applying for the same.
9 · Nomination papers (1) Every nomination paper shall be signed by two electors as proposer and seconder and sent by registered or otherwise post So as to reach the Returning Officer o or before the date fixed by him which shall not be less than four weeks before, the date, appointed for the poll:
2 · On receipt of each nomination paper: The Returning Officer shall forthwith endorse thereon on the date and time of receipt:
10 · Rejection 0f 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:
11 · Fee payable by candidates (1) On or before the date appointed for the receipt of nomination papers, each candidate wishing to stand for election shall pay to the
153 · (53)
12 · Scrutiny of nomination papers (1) On the date and at the time appointed by Returning Officer for the scrutiny of nomination papers, the candidates and the proposer and seconder of each candidate may attend the office to the Returning Officer; who shall allow them to examine the nomination papers of all the candidates which have been received by him:
13 · 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. candidate who has withdrawn his candidature shall not be allowed to cancel the withdrawal O to be renominated as a candidate for the same election:
14 · Poll
153 · (54)
15 · Votes to be sent by registered post: - Every elector desirous of recording his vote shall, after filling up the declaration papers and the voting paper according to the directions given in the letter of intimation enclose the voting paper in the voting paper eover, 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 PM. on the date fixed for the poil. All envelopes received after that day or hour, Or received by unregistered post shall be rejected.
16 · Endorsement by Returning Officer on registered covers On receipt of the envelopes 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
153 · (55)
17 · Manner of opening the registered cover The Returning Officer shall open the outer envelopes immediately after 5 PM. o the day fixed for the pol! at the place to 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 me outer envelopes are opened.
18 · Rejection of voting papers (1) Voting papers cover shall be rejected by the Returning Officer; if-
19 · Scruting and counting of votes (1) The Returning Officer shall attend for the purposes of scruting and counting of the votes, o the date and the time and place appointed by him in this behalf, provided the date s0 appointed shall not be later than three days from the date fixed for the poll.
153 · (56)
20 · Declaration of results (1) When the counting of the votes has been completed, the Returning Officer shall forth with declare the candidate O candidates to whom the largest number of valid votes has been given to be duly elected according to the number of vacancies to be filled in and shall forthwith inform each successful
153 · (57)
21 · Retaining of Voting Papers 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:
22 · Publication of results (1) The Returning Officer shall publish the result and date of the election in the Rajasthan Government Gazette in the case of first election to the Council and also send a report to the Government about the election:
2 · In the case of election other than those held for the first time under the Act; the Returning Officer shall inform the President of the result and date of the election; who shall then publish the same in the Rajasthan Government Gazette. The Returning Officer also send a report to the Government about the election.
23 · General
2 · The decision of the State Government; o any question that may arise, as to the intention, construction or application of theses rules shall be final.
24 · Election under Section 21() : (1) On receipt of the requisition from the Returning Officer for election of a member by the Medical Council of the State under clause (d_ of Section 21, the election shall be conducted at a meeting of the Medical Council in accordance with the provisions hereinafter appearing
153 · (58)
2 · Election shall be by votes which shall be taken by show of hands or by division o
25 · Election of the President and Vice-President (as given in section 25 of the Act) The President and the Vice- President of the Council shall be elected at a meeting of the Council. The members shall first elect a Chainman t0 conduct the business who
26 · Powers and duties of the President and Vice-President (1) The President shall exercise such powers and perform such duties as are contained in the provision of the Act and the rules made there under: He shall do such acts as he considers necessary in the furtherance of the objects for which the Council is established:
153 · (59)
27 · Time and Place 0f, and preparation of Business for meetings 0f the Council : (1) The Council shall ordinarily. Meet twice in a calendar year in the month of February September: Provided that: -
153 · (60)
153 · (61)
28 · Chairman of the meeting (1) Every meeting of the Council shall be presided over by the President; or if he is absent; by the Vice-President; or if both the President and the Vice-President are absent; by a chairman to be elected by the members present; from among themselves. (2 All references in this part to the President shall be read as referring to the person for the time being presiding over a meeting:
29 · Quorum of the meeting If. at the time appointed for a meeting quorum is not present, the meeting shall not commence until a quorum is present, and if quorum is not present; on the expiration of 20 minutes from the time appointed for the meeting
153 · (62)
30 · Determination of a matter by the Council (1) Every matter to be determined by the Council shall be determined on a motion moved by a member and put to the Council by the President:
5 · In the event of an equality of votes, the President shall have a second or a casting vole.
31 · Power of the President in respect of movement of the motion (1) when motions identical in purport stand in the names of two Or more members, the President shall decide whose motion shall be moved and the other motion Or motions shall thereupon be deemed to be withdrawn.
153 · (63)
32 · Amendment of the motion
2 · An amendment may not be moved which has merely the effect of negative vote.
3 · The President may refuse to put an amendment which is in his opinion frivolous
33 · Motion or amendment under debate (1) When a motion or amendment is under
153 · (64)
34 · 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 O refuse to put such a proposal to the Council.
35 · Withdrawn 0f motion or amendment A motion Or an amendment which has een moved and seconded shall not be withdrawn save with the leave of the Council which
36 · Discussion on the motion under the direction of the President
37 · Objections, suggestions or elucidation on a point by the President During the meeting, the President, may at any time, make any objections Or suggestions O give information to elucidate any point to help the members in the discussion:
38 · No person to speak more than once (1) The mover of an original motion, and if permitted by the president; the mover of any amendment shall be entitled to a right of final reply, on other member shall speak more than once in any debate except with the permission of the President; for the purpose of making a personal explanation O of putting a question to the member than addressing the Council:
153 · (65)
39 · Observation by a member (1) A member desiring to made any observations on the matter before the Council shall speak from his place, shall rise when he speaks, and shall address the President.
40 · Amendment in the terms of original motion (1) When an amendment to any motion is moved and seconded, Or when two or more such amendments are moved
41 · Division of motion at the discretion of the President
42 · Procedure for adjournment of the meeting (1) The President may, at any time, adjourn any meeting to any future day or to any hour of the same day.
153 · (66)
43 · Decision of all points of order by the President (1) The President shall decide all points of order which may arise, and his decision shall be final.
2 · If any question arises with reference to procedure in respect of a matter for which these rules make no provision, the President shall decide the same and his decision shall be final.
44 · Representatives of Press or other Visitors Representatives of the Press and other visitors, may be admitted. at the discretion of the President, to the meetings. The Press representatives shall be required to obtain the previous approval of the Registrar for the publication of their report of the preceding:
45 · 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.
153 · (67)
46 · Submission of the minutes of the meetings to the President A copy of the minutes of each meeting shall he 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:
47 · . Contents of the meeting The minutes of each meeting shall contain such motions and amendments as have been move and adopted, or negative, 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:
48 · 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 dispatch 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:
49 · 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 consequently page: for insertion in a volume, which shall be permanently preserved and shall be available for inspection by the member:
50 · Placing of report of the observations and discussions of a 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 meeting which shall be treated as 'Confidential' shall be kept in the office and shall be open to members for inspection. copy of the proceedings in whole or in part shall be supplied to any member who may apply for it: Such copy
153 · (68)
51 · Constitution of Executive Committee
52 · Conduct of meeting The meeting of the Executive Commines shall be governed as far as may he. by the rules applicable to the meeting of the Council.
53 · Quarum : (1) Three members of the Executive Committee shall form a quorum and,
54 · Election of the Chairman in absence of president and Vice-president If both the President and the Vive-President are absent. The members present shall elect one of their members t0 act as Chairman:
55 · Invitation 0f 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 s0 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.
153 · (69)
56 · Determination of future date and time for the meetings (1) Within one week before the meeting of the Council, the Executive Committee shall ordinarily meet and also at such other times and places as the President may determine.
57 · Circulation of report of the meeting among members The Executive Committee shall consider and report on any subjects related to 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
58 · Time limit for submission of minutes to the President
59 · Direction by the President about any business to be discussed : (1) The President
153 · (70)
60 · Powers and duties of the Executive Committee The Executive Committee shall exercise such powers and perform such functions of the Council as the Council may, from time to time direct:
61 · Maintenance of register (1) The register of dentist shall be maintained in accordance with the provisions of section 31 in Form Fl.
62 · Applications for registration Every person entitled under sections 34, 37 and 38 to be registered under the Act and desiring to have himself so registered shall apply to the Registrar in Form El, E2, E3 respectively properly filled in and signed. Every such applications shall be accompanied by the fee prescribed in that behalf in rule 71.
63 · Entry of name after direction of the Government (1) After the direction is issued by the State Government under Sub-section (1) of section 39, the name of every
153 · (71)
65 · Appeal against the orders 0f the Registrar An appeal to the State Council against the order of the Registrar regarding registration of name O alteration of any entry in the register; shall be in the form of a memorandum and state the grounds o 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:
66 · Issue of certified copies Certified copies of entries in the register in Form J may be issued on payment of the fee prescribed in that behalf in rule 71. 67. Registering a change of name Fees Prescribed in rule 71 shall be levied for registering a change of name in the register:
68 · Application for the renewal of name from the register (1) A registered person may himself make an application for the removal of his name from the register: The application shall be accompanied by a declaration made by the applicant; that he is not
153 · (72)
69 · Supply of copy of Register Printed copies of the 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 a fee prescribed in rule 71 shall be charged from applicant: 70. Entry of certain Publication in the Register These shall be made every year and entered in the copy of the printed register maintained under section 45 and enumeration of the following publications:
153 · (73)
71 · Fees 8 Fees payable under Chapter IV of the Act shall be as follows:-
72 · Appointment/relinquishment/Term of Registrar (1)The state council may, with the previous sanction of the state Government appoint a Registrar who shall also act as Secretary. and if so decided by the council also act as its Treasurer:
153 · (74)
73 · Powers Duties of Registrar (1) The Registrar shall perform such duties as have been given in the Act and the Rules He shall also be responsible for the safety of the property of the Council and the control and management of the office. accounts and correspondence, and shall see that the office staff attend punctually, and generally fulfill all such duties as may be required of him by the Council for the purposes of the Act: He shall attend and take notes of the proceedings of meetings of the Council and Executive Committee and any other Committee.
74 · Security given by the Treasurer The Security to be furnished by the Treasurer shall be Rs. 1000/-(One Thousand Only) in the form of a Demand Draft in the name of the Council, which shall be refunded at the time of his relinquishment of office.
75 · The Common Seal of State Council
153 · (75)
2 · The seal shall be affixed only by the order of the State Council, or when the State Council is not sitting by the order of the Executive Committee, but its use by the Executive Committee shall be limited to such acts as may be necessary to carry into effect the powers conferred on it by these rules o delegated to it by the State Council
76 · 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
77 · Bankers of the Council The Bankers of the Council shall be a nationalized Bank as decided by Executive Committee. All funds of the Council shall be paid into the Council's account and shall be withdrawn by means of cheques signed by the Treasurer: The cheques shall also be countersigned by the President of the Council o any other officer authorized by him in this behalf during his absence from headquarters. The cheques books shall remain in the personal custody of the Teasurer:
78 · Manner of keeping funds of the Council The funds of the Council surplus to current requirements may, on recommendations of the Treasurer and with the sanction of the Executive Committee be invested in fixed deposits with the Banker's of Council or in any other manner as may he decided upon in consultation with the State
79 · Investment of funds in the name of Council An investment of the funds of the Council shall be make 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 and a certificate of verification shall be recorded by the Treasurer on the Register and countersigned by the President:
153 · (76)
80 · 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 he held for the purpose before the 1 November every year. One Copy of the finally sanctioned estimates shall be supplied by the 1 November to the Secretary, Medical and Health Department.
81 · 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.
82 · Primary units of appropriation The primary units of appropriation shall be pay of officers. pay of establishment, allowances and honoraria, contingencies etc.
83 · 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.
84 · Power of the Registrar to sanction miscellaneous expenditure The Registrar shall have power to sanction expenditure f miscellaneous and contingent nature up to an amount not exceed Rs. 5000/- in each case. Expenditure in excess of this amount shall require the section of the Executive Committee.
85 · Permanent advance Registrar:
86 · Registrar and President as certifying Officer for T.A. DA. The registrar shall be the certifying officer for traveling, halting and other allowances to members and employees of the Council and the President for those of the Registrar:
87 · Maintenance of account registers The following account registers of the Council shall be maintained: -
1 · Cash Book
2 · Register of Investments
3 · Register of stock and furniture
153 · (77)
4 · Register of stock of cheque books and receipt books
5 · Register of leave and other matters of staff:
6 · Register of permanent advances:
7 · Annual Accounts.
88 · Audit of accounts of the Council (1) The audit of the accounts of the Council shall be conducted by a Chartered Accountant every year:
89 · Non-payment of fee for attending the meetings No fee shall be paid for attending a meeting of the State Council O the Executive Committee.
90 · Drawing of TAs DA. etc: These allowances will be such as may be laid down from time to time in the standing orders as framed by the Council with previous sanction of Government keeping in view the financial status of Council:
91 · Offence under the Act:
153 · (78)
2 · The Registrar shall bring the matter in the notice of President and shall put before the Council, who may if decide that the case is one in which Prosecution should be
92 · Repeal and Saving From the date of commencement of these rules, all various rules, notifications and orders on the subject stand repealed:
153 · (79)
1 · The number of vacancies t0 be filed is
2 · Place a cross-mark (thus X) against the name of the candidate (O such of the candidate) for whom you wish to vote. 3. A voting paper will be invalid if - (a) It does not bear the Returning Officer's initials o facsimile signature, Or (b) A voter signs his name Or writes a word or makes any mark on it, by which it become recognisable as his voting paper,
153 · (80)
2 · The voting paper will be rejected, if-
153 · (81)
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
5 · The scrutiny and counting of voting will begin (date) at (hour).
153 · (82)
153 · (83)
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 Demand Draft of Bank, payable to the Registrar, Rajasthan State Dental Council at Jaipur.
153 · (84)
4 · Candidates should note that name 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 Enclose two passport size latest photographs. 6. AIL applicants for registration must get their signatures and photograph attested by a first class magistrate or gazetted officer:
153 · (85)
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 Demand Draft of Bank, payable to the Registrar, Rajasthan State Dental Council at Jaipur 4_ Candidates should note that names entered in the application must exactly correspond with their names in the University or other Examinations as the case may be.
153 · (86)
5 · Please give below a specimen of your signature as used by you on certificates. Enclose two passport size latest photographs.
6 · All applicants for registration must get their signatures and photograph attested by a first class magistrate Or gazetted officer:
153 · (87)
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 oly by a Demand Draft of Bank, payable to the Registrar, Rajasthan State Dental Council at Jaipur:
4 · Candidates should note that names entered in the application must exactly correspond with their names in the University or other Examinations as the case may be.
153 · (88)
1 · 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 o which the qualification 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
1 · Serial No
2 · Names in full
3 · Father's Name
4 · Date of birth
153 · (89)
5 · Nationality
6 · Residential Address_
7 · Date of first admission to the Register
8 · Qualification for registration
9 · Date o which the qualification 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)
1 · 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 the qualification obtained and the authority which conferred it
10 · Professional address_
153 · (90)
11 · Employment, if any
12 · Date of renewal of registration
13 · Remarks (Note: - Removal or Restoration: of name with dates)
153 · (91)
153 · (92)
1 · beg to apply for the registration of the additional qualifications of which I have obtained from in
153 · (93)
153 · (94)