Section 16A of The Dentists Act, 1948
1[16A.Withdrawal of recognition of recognised dental qualification.--(1) When, upon report by the Executive Committee or the Visitor, it appears to the Council--
- (a)that the courses of study and training or the examination to be undergone in order to obtain a recognised dental qualification from any authority or institution in a State, or the conditions for admission to such courses or the standards of proficiency required from the candidates as such examinations are not in conformity with the regulations made under this Act or fall short of the standards required thereby, or
- (b)that an institution does not, in the matter of staff, equipment, accommodation, training and other facilities, satisfy the requirements of the Council, the Council shall send a statement to that effect to the Central Government.
- (2)After considering such a statement, the Central Government may send it to the Government of the State in which the authority exercises power or the institution is situated, and the State Government shall forward it, along with such remarks as it may think fit to make, to the authority or institution concerned, with an intimation of the period within which the authority or institution may submit its explanation to the State Government.
- (3)After considering the explanation, or where no explanation is submitted within the period fixed, then, on the expiry of that period, the State Government shall make its recommendations to the Central Government.
- (4)The Central Government may, after considering the recommendations of the State Government and after making such further inquiry, if any, as it may think fit, by notification in the Official Gazette, direct that an entry shall be made in Part I of the Schedule against the qualification granted by the authority or institution declaring that it shall be a recognised dental qualification only when granted before a specified date or that the said recognised dental qualification if granted to students of a specified college or institution affiliated to any University shall be a recognised dental qualification only when granted before a specified date or, as the case may be, that the said recognised dental qualification shall be a recognised dental qualification in relation to a specified college or institution affiliated to any University only when granted after a specified date.]
Summary
- This section outlines how the Central Government can withdraw recognition from a standard dental degree or qualification.
- The Executive Committee or a Visitor reports substandard dental education or inadequate facilities to the Council.
- The Council then alerts the Central Government.
- The Central Government routes the complaint through the State Government to the institution for an explanation.
- The Central Government makes the final decision to restrict the recognition to a specific date by issuing a notification in the Official Gazette.
Practical examples
FAQ
1. Who sends the initial report about a poor dental college to the Council under Section 16A of the 1948 dentistry act?
Under Section 16A of the 1948 dentistry act, the report is sent by either the Executive Committee or a Visitor.
2. Does the Dental Council make the final decision to withdraw a dental degree under Section 16A of The Dentists Act, 1948?
No, Section 16A of The Dentists Act, 1948 gives the final power to the Central Government to notify the withdrawal in the Official Gazette.
3. How does the State Government fit into the process in Section 16A of the dental regulations?
Section 16A of the dental regulations requires the State Government to act as a middleman. It sends the Central Government's statement to the college for an explanation and then forwards its own recommendations back to the Central Government.
Test yourself
Q1.According to Section 16A of The Dentists Act, 1948, who holds the ultimate authority to direct an entry in the Schedule withdrawing recognition of a dental qualification?
Q2.Under Section 16A of the 1948 dental law, who reports to the Council that an institution has inadequate staff or equipment?
Q3.What specific action does the Central Government take to finalize the withdrawal under Section 16A of the dentistry rules?
Q4.What is a key difference between withdrawing a hygiene qualification under Section 16 and a dental qualification under Section 16A of The Dentists Act, 1948?
Q5.Under Section 16A of the 1948 law, what happens if the targeted institution fails to submit an explanation within the fixed period?