Section 6 of The National Dental Commission Act, 2023
- (1)The Chairperson appointed under sub-section (2) of section 4, and Member of the Commission appointed or nominated under clauses (a) and (d) of sub-section (4) of section 4 shall not be eligible for any extension of term beyond four years or for reappointment and such person shall cease to hold office after attaining the age of seventy years.
- (2)The term of office of an ex officio Member shall continue as long as he holds the office by virtue of which he is such Member.
- (3)Where a Member, other than an ex officio Member, is absent from three consecutive ordinary meetings of the Commission and the cause of such absence is not attributable to any valid reason in the opinion of the Commission, such Member shall be deemed to have vacated the seat.
- (4)The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and Members appointed or nominated under clauses (a) and (d) of sub-section (4) of section 4, other than an ex officio Member, shall be such as may be prescribed.
- (5)The Chairperson or a Member or Secretary of the Commission may,--
- (a)relinquish his office by giving in writing to the Central Government a notice of not less than three months; or
- (b)be removed from his office in accordance with the provisions of section 7: Provided that such person may be relieved from duties earlier than three months or be allowed to continue beyond three months until a successor is appointed, if the Central Government so decides.
- (6)The Chairperson and every Member of the Commission shall make declaration of his assets and liabilities at the time of entering upon his office and at the time of demitting his office and also declare his professional and commercial engagement or involvement in such form and manner as may be prescribed, and such declaration shall be published on the website of the Commission.
- (7)The Chairperson or a Member appointed or nominated under clauses (a) and (d) of sub-section (4) of section 4 or the Secretary, ceasing to hold office as such, shall not accept, for a period of two years from the date of demitting such office, any employment, in any capacity, including as a consultant or an expert, in any private dental institution, whose matter has been dealt with by such person, directly or indirectly: Provided that nothing herein shall be construed as preventing such person from accepting an employment in a body or institution, including dental institution, controlled or maintained by the Central Government or a State Government: Provided further that nothing herein shall prevent the Central Government from permitting the Chairperson or Member or Secretary of the Commission to accept any employment in any capacity, including as a consultant or expert in any private dental institution whose matter has been dealt with by such Chairperson or Member or Secretary.
Summary
- The Chairperson and the appointed expert and faculty members serve a term of four years.
- They cannot be reappointed for a second term or get an extension.
- If a member misses three regular Commission meetings in a row without a valid excuse, they automatically lose their seat.
- Members must declare all their financial assets, liabilities, and commercial involvements when they start and when they leave, and this information is posted publicly on the internet.
- To prevent corruption, after they leave office, the Chairperson, appointed members, and Secretary are banned for two years from taking any job or consulting work with private dental colleges they regulated, unless the government grants special permission. Government jobs are still allowed.
Practical examples
FAQ
1. Can the Chairperson serve for eight years if they do a good job?
No, the law states they are not eligible for any extension of term beyond four years or for reappointment.
2. What happens if a member stops showing up to meetings?
If a member is absent from three consecutive ordinary meetings without a valid reason, they are deemed to have vacated their seat.
3. How do we know the members aren't taking bribes?
The law requires them to declare their assets, liabilities, and commercial engagements when entering and leaving office, and these declarations are published on the Commission's website.
4. Can a former member go teach at a government university right after their term ends?
Yes. The two-year ban only applies to employment in private dental institutions whose matters they dealt with. Institutions controlled by the Central or State Government are explicitly allowed.
Test yourself
Q1.Under Section 6 of The National Dental Commission Act, 2023, what is the mandatory retirement age for the Chairperson and appointed members of the Commission?
Q2.Section 6 of The National Dental Commission Act, 2023 regulates the terms of office. By cross-referencing Section 7, if the Chairperson acquires a major financial stake in a private dental supply company during their four-year term, what is the consequence?
Q3.Under Section 6 of The National Dental Commission Act, 2023, how many consecutive ordinary meetings must a member miss without a valid reason to be deemed to have vacated their seat?
Q4.Under Section 6 of The National Dental Commission Act, 2023, what restriction is placed on the Secretary immediately after they finish their term of office?
Q5.Under Section 6 of The National Dental Commission Act, 2023, how much notice must the Chairperson give the Central Government if they wish to resign early?