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7290 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99
EXTRAORDINARY
PART II —Section 3 —Sub-section ( i)
PUBLISHED BY AUTHORITY
No. 675] NEW DELHI , WEDNES DAY , NOVEMBER 22, 2023/ AGRAHAYANA 1, 1945
CG-DL-E-23112023-250230
दिनांकः .....................................
[F.No. V.12025/94/2023 -DE]
MINISTRY OF HEALTH AN D FAMILY WELFARE
(Department of Health and Family Welfare)
NOTIFICATION
New Delhi, the, 21st Nov ember, 2023
G.S.R. 858(E) .—The following draft of rules which the Central Government, proposes to make, in exercise
of powers conferred by section 53(2) of the National Dental C ommission Act, 2023 (21 of 2023) is hereby published
for the information of persons likely to be affected thereby and notice is hereby given that the said draft rules will be
taken into consideration after the expiry of a period of thirty days from the dat e on which copies of the Official
Gazette in which this notification is published are made available to the public; Objections and suggestions, if any,
may be addressed to Shri Rakesh Kumar, Deputy Director, Ministry of Health and Family Welfare, Room No. 504, A
wing, Nirman Bhawan, New Delhi, or may be sent through e -mail at [email protected] and dentaledu -
[email protected] . The objections or suggestions which may be rece ived from any person with respect of said draft
rules, before the expiry of the period so specified above, will be considered by the Central Government.
Draft Rules
In exercise of the powers conferred by clauses (a), (b), (c), (d), (e), (f), (g), (h), ( i), (j), (k), (o) and (p) of
sub-section (2) of section 53 of the National Dental Commission Act, 2023, the Central Government hereby makes the
following rules, namely: ––
1. Short title and commencement .––(1) These rules may be called the National Dental Commission (Manner of
Appointment and Nomination of Members, their Salary, Allowances and Terms and Conditions of Service, and
Declaration of Assets, Professional and Commercial Engagements) Rules, 2023.
(2) They shall come into force from the date of thei r publication in the Official Gazette.
2. Definitions .––(1) In these rules, unless the context otherwise requires, ––
(a) “Act” means the National Dental Commission Act, 2023;
(b) “Commission” means the National Dental Commission constituted under section 3 of the Act;
(c) “section” means a section of the Act.
(d) “Board” means Autonomous Boards under section 16 of the Act.
(2) Words and expressions used in these rules and not defined herein but defined in the Act, shall have the respective
meanings assigne d to them in the Act.
3. Manner of appointment of part -time Members of Commission under clause (a) of sub -section (4) of section
4.––(1) The part -time Members shall be appointed by the Central Government for a period of four years as
recommended by the Se arch-cum-Selection Committee in the following manner:
a. First member shall have special knowledge and professional experience of not less than 20 years in management or
law or economics.
b. Second member shall have special knowledge and professional ex perience of not less than 20 years in medical
ethics or health research or consumer or patient rights advocacy.
c. Third member shall have special knowledge and professional experience of not less than 20 years in Science and
Technology.
(2) The Central G overnment shall fill vacancies of part -time members as soon as they fall vacant from the panel of at
least three persons, for each of the vacancy, as recommended by the Search -cum-Selection Committee.
(3) The Search -cum-Selection Committee shall convene me eting at the earliest but no later than three months to
recommend suitable candidates for the vacant positions of the Commission.
4. Manner of appointment of part -time Members of Commission under clause (b) of sub -section (4) of section
4.––(1) The part -time Members of the Commission to be appointed under clause (b) of sub -section (4) of section 4
shall be selected from the nominees of States and Union Territories in the Dental Advisory Council nominated by the
State Government or the Ministry of Home Affa irs under clauses (c) and (d) respectively of sub section 2 of section 11
of the Act.
(2) The members shall be selected on b iennial rotation basis by draw of lots from the nominees of the State and Union
Territories on such date as may be decided by the Central Government.
(3) Ten slips shall be picked up from the draw box.
(4) The draw of lots shall be conducted 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.
(5) The draw of lots shall be conducted in the presence of the Union Health S ecretary.
(6) Every draw of lots subsequent to the first term of two years shall be conducted in two stages, first by a restricted
draw of lots from among those States and Union territories, which were not selected in the draw of lots held for
selection o f the part -time Members of the Commission in accordance with this rule during the previous term and after
nominees have been selected through the restricted draw of lots and still ten Members could not be selected under this
rule, then the scope of draw o f lots shall be widened to include rest of the States and Union territories as well.
(7) No State or Union territory shall be represented by more than one nominee in the Commission at a time.
(8) In the event of occurrence of vacancy, including by reason o f death, resignation or removal, the State Government
or Ministry of Home Affairs, as the case may be, shall nominate another person to represent itself in the Commission
at the earliest but no later than three months. The person so nominated shall remain a Member in the Commission only
for the remainder of the pe riod of two years of the State.
5. Manner of appointment of part -time Members of Commission under clauses (c) of sub -section (4) of section
4.––(1) The part -time Members of the Commission to be a ppointed under clauses (c) of sub -section (4) of section 4
shall be selected from the nominees of States and Union Territories under clause (e ) of Subsection (2) of Section 11
from the Dental Advisory Council.
(2) The members shall be selected on biennial rotation basis by draw of lots from the nominees of the State and Union
Territories on such date as may be decided by the Central Government.
(3) Nine slips shall be picked up from the draw box.
(4) The draw of lots shall be conducted 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.
(5) The draw of lots shall be conducted in the presence of the Union Health Secreta ry.
(6) Every draw of lots subsequent to the first term of two years shall be conducted in two stages, first by a restricted
draw of lots from among those States and Union territories, which were not selected in the draw of lots held for
selection of the part-time Members of the Commission in accordance with this rule during the previous term and after
nominees have been selected through the restricted draw of lots and still nine Members could not be selected under
this rule, then the scope of draw of lot s shall be widened to include rest of the States and Union territories as well.
(7) No State or Union territory shall be represented by more than one nominee in the Commission at a time.
(8) In the event of occurrence of vacancy, including by reason of dea th, resignation or removal, the State Government
or Ministry of Home Affairs, as the case may be, shall nominate another person to represent itself in the Commission
at the earliest but no later than three months. The person so nominated shall remain a Mem ber in the Commission only
for the remainder of the period of two years of the State.
6. Manner of nominating part -time Members of Commission under clause (d) of sub -section (4) of section 4 .––
(1) The Members shall be appointed by the Central Government from among dental faculty of the level of Associate
Professor or above for a period of four years.
(2) The members shall be appointed by the Central Government on the basis of nominations invited from Central or
State or Autonomous Government Institutes.
(3) In the event of occurrence of vacancy, including by reason of death, resignation or removal, the Central or State or
Autonomous Government Institute, as the case may be, shall nominate another person to represent itself in the
Commission at the earli est but no later than three months. The person so nominated shall remain a Member in the
Commission only for the remainder of the period of four years.
7. Nomination of experts under clause (b) of sub -section (1) of section 5 of Search -cum-Selection Commit tee –
(1) The Central Government shall appoint three experts for a period of two years, possessing outstanding qualification
and experience of not less than twenty -five years in the field of dental education, public health education and health
research fro m Government Institutes.
(2) In the event of occurrence of vacancy, including by reason of death, resignation or removal, as the case may be,
the Central Government shall appoint another person as member to the Search Cum Selection Committee at the
earlie st but no later than three months. The person so appointed shall remain a Member in the Search Cum Selection
Committee only for the remainder of the period of two years.
8. Nomination of an expert under clause (c) of sub -section (1) of section 5 of Search -cum-Selection Committee -
(1) The Central Government shall appoint one expert for a period of two years having outstanding qualifications and
experience of not less than twenty five years in the field of management or law or economics or science and
techno logy.
(2) Filling up of vacancy shall be governed as per sub rule (2) of Rule 7.
9. Salaries and allowances payable to Chairperson and members of Commission. ––(1) The salary payable to the
Chairperson of the Commission shall be equivalent to the salary of the Additional Secretary to the Government of
India in Level -15 in the 7th CPC pay matrix. The salary payable to the members under clauses (a), (b), (c) and (d) of
subsection 4 of section 4 shall be equivalent to the salary of the Director to the Gove rnment of India in Level -13 in the
7th CPC pay matrix.
Provided that where the Chairperson or members under clauses (a), (b), (c) and (d) of subsection 4 of section 4 of the
Commission are a retired person from Government, semi -Government agencies, public sector undertakings or
recognised research institutions, the salary payable together with the pension or pensionary value of the terminal
benefits, or both, received by them shall not exceed the last pay drawn.
(2) If the Chairperson or the Members of the Commission are in service of the Central Government or a State
Government, their salary and allowances shall be regulated in accordance with the rules applicable to them or as per
sub-rule (1), whichever is higher.
Explanation: For the purposes of this su b-rule, it is clarified that where, the Chairperson or Members are in the service
of the Central Government or State Government or Union Territory Administration, their appointment in the
Commission shall be treated as deputation.
10. Dearness allowance. ––(1) The Chairperson and every other Member of the Commission, shall be entitled for
dearness allowance appropriate to their pay at the rates admissible to officers of equivalent level in the Central
Government.
(2) The dearness allowance of ex -officio Memb ers of the Commission shall be borne by their parent Ministry or
Department or Organisation.
11. Travelling allowance .––(1) The Chairperson and every other Member of the Commission shall be entitled to
draw travelling allowances and daily allowances at the rates appropriate to their pay admissible to officers of
equivalent level in the Central Government.
(2) The travelling allowance of ex -officio Members of the Commission shall be borne by their parent Ministry or
Department or organisation.
(3) The Chair person and every Member of the Commission shall be his own controlling officer in respect of his bills
relating to travelling allowances and daily allowances.
12. Leave. ––The Chairperson of the Commission and Members of the Commission appointed under Claus es (a) to (d)
of sub section 4 of section shall be entitled to ––
(a) 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 ; and
(b) extraordinary leave as admissible to the temporary Central Government servants under the Central Civil Services
(Leave) Rules, 1972, as amended from time to time.
13. Leave sanctioning authority .––(1) The Central Government shall be the authority competent to sanction leave to
the Chairperson.
(2) The Chairperson shall be the authority to sanction leave to every other Member of the Commission including its
Secretary.
14. Contributory Provident Fund. ––(1) The Chairperson of the Commission and Membe rs of the Commission
appointed under Clauses (a) to (d) of sub section 4 shall be governed by the provisions of the Contributory Provident
Fund Rules (India), 1962 where no option to subscribe under the General Provident Fund (Central Services) Rules,
1960 is available.
(2) The Chairperson of the Commission and Members of the Commission appointed under Clauses (a) to (d) of sub
section 4 shall not be entitled to additional pension and gratuity for the service rendered by them in the Commission.
15. Sitting fee.––The ex -officio Members and part -time Members of the Commission shall be entitled to a sitting fee
of five thousand rupees for each day of sitting of the Commission.
16. Declaration of assets, professional and commercial engagement or involvement by C hairperson and
Members of Commission. ––(1)The Chairperson and every other Member of the Commission shall file return of
assets and liabilities in Form A of the Schedule annexed to these rules.
(2) The Chairperson and every other Member of the Commission sh all also declare their professional and commercial
engagement or involvement on their first appointment and at the time of demitting office in Form B of the said
Schedule.
17. Secretary to Commission .––
(1) The salary payable to the Secretary to the Comm ission shall be equivalent to the salary of Joint Secretary to the
Government of India in Level 14 i n the 7th CPC pay matrix.
Provided that where the Secretary to the Commission is a retired person from Government, semi -Government
agencies, public secto r undertakings or recognised research institutions, the salary payable together with the
pension or pensionary value of the terminal benefits, or both, received by him shall not exceed the last pay drawn.
(2) The Secretary to the Commission shall possess the following qualifica tions and experience, namely: ––
A post -graduate degree in any discipline preferably related to Dental or Public Health or Health Administration from
any University or Institute;
(ii) holding analogous post on regular basis in the present cadre or department;
(iii) with 5 years regular service in Level 13 in the pay matrix or equivalent thereto or
(iv) with 10 years regular service in Level 12 in the pay matrix or equivalent thereto;
(v) having experience in the Central Government or a State Government or any statutory body or recognized
organisation or institution of not less than 12 years in his related service or profession alongwith administrative
experience of not less than 5 years;
18. Term of office of Secretary to Commission . ––The Secretary to the Commission shall hold office for a term of
four years and shall cease to hold office after attaining the age of sixty years whichever is earlier. The age of the
candidate for the post of Secretary to the Commission should not be m ore than 55 years on the date of applying for the
post.
19. Declaration of assets, professional and commercial engagement or involvement by Secretary .––(1) The
Secretary of the Commission shall file return of assets and liabilities in the Form A of the Sc hedule annexed to these
rules.
(2) The Secretary of the Commission shall also declare his professional and commercial engagement or involvement
on his first appointment and at the time of demitting office in Form B of the said Schedule.
20. Governed by Cen tral Services Rules : The Chairperson, Secretary and all members of the commission shall be
governed by the provisions of the CCS Rules 1972 during their tenure .
21. The dental qualifications and experience to be possessed by a member under the second provi so to clause
(d) of sub section (2) of section 11;
(1) The Member of Dental Advisory Council to be nominated under the clause (d) of the second proviso to section 11
shall be a person ––
(a) possessing a post -graduate degree in any discipline of dental sc iences from a recognized 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.
22. The manner of choosing second part -time Members un der sub -section (5) of section 17.
(1) The second part time Member of each Autonomous Board shall be appointed by the Central Government for a
period of two years.
(2) Three members out of the total nine members selected under Clause (c) of sub section 4 of section (4), shall be the
part-time members of each Autonomous Board. These members shall be selected by draw of lots from the nine
members so selected under Clause (c) of sub section 4 of section (4).
(3) Slips of the nine selected States or Union Terr itories as defined in Rule 5, shall be put in a separate draw box and
three slips out of the nine slips shall be picked up to select second part time Member of each Autonomous Board. The
member selected through the first slip shall represent second part ti me Member of the Undergraduate and Postgraduate
Dental Education Board, the Member selected through second slip shall represent second part time Member of the
Dental Assessment and Rating Board and third slip shall represent second part time Member of the Ethics and Dental
Registration Board.
(4) The draw of lots shall be conducted in the presence of the Union Health Secretary.
(5) The tenure of the members shall be co -terminus with the membership of the Commission under Clause (c) of sub
section 4 of sect ion (4) and filling up of vacant positions of the members of the Boards shall be regulated as def ined in
sub rule (6) of rule 5.
23. The salaries and allowances payable to, and other terms and conditions of service of President and
Members of an Autonomou s Board and the allowances payable to part -time Members under sub-section (2) of
section 19.
(1) The salary of the President of an Autonomous Board shall be equivalent to the salary of a Joint Secretary to the
Government of India in Level 14 in the 7th CPC pay matrix and salary of whole -time Members of each Autonomous
Board shall be equivalent to the salary of a Director to the Government of India in level 13 in the 7th CPC pay matrix.
Provided that where the President or a whole -time Member of an Auton omous Board is a retired person from
Government, semi -Government agencies, public sector undertakings or recognized research institutions, the salary
payable together with the pension or pensionary value of the terminal benefits, or both, received by him s hall not
exceed the last pay drawn.
(2) If the President or whole -time Member of an Autonomous Board is in service of the Central Government or a State
Government, his salary and allowances shall be regulated in accordance with the rules applicable to him or sub -rule
(1), whichever is higher.
Explanation: For the purposes of this sub -rule, it is clarified that where, the Chairperson of Members are in the service
of the Central Government or State Government or Union Territory Administration, their appoint ment in the
Commission shall be treated as deputation.
(3) Dearness allowance –– The President and whole -time Members of each Autonomous Board shall be entitled for
dearness allowance appropriate to their pay at the rates admissible to officers of the equ ivalent l evel of the Central
Government.
(4) Travelling allowance. –– The President and every other Member of each Autonomous Board shall be entitled to
draw travelling allowances and daily allowances at the rates appropriate to their pay admissible to off icers of the
equivalent level of the Central Government.
(5)The President and Member of the Autonomous Boards shall be their own controlling officer in respect of their bills
relating to travelling a llowances and daily allowances.
24. Leave .–– The Preside nt and whole -time Members of the Autonomous Boards shall be entitled to ––
(a) 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 ti me to time; and
(b) extraordinary leave as admissible to the temporary Central Government servants under the Central Civil Services
(Leave) Rules, 1972 , as amended from time to time.
25. Leave sanctioning authority .–– (1) The Chairperson of the Commission shall be the authority competent to
sanction leave to the Presidents of the Autonomous Boards.
(2) The President of the respective Autonomous Board shall be the authority to sanction leave to every other w hole-
time Member of that Board.
26. Contributory Provident Fund .–– (1) The President and whole -time Members of the Autonomous Boards shall
be governed by the provisions of the Contributory Provident Fund Rules (India), 1962 where no option to subscribe
under the General Provident Fund (Central Services) Rules, 1960 is available.
(2) The President and whole -time Members of the Autonomous Boards shall not be entitled to additional pension and
gratuity for the service rendered by them in an Autonomous Board.
27. Sitting fee .–– The part -time Members of every Autonomous Board shall be entitled to a sitting fee of five
thousand rupees for each day of s itting of the Autonomous Board.
28. Declaration of assets, professional and commercial engagement or involvement by President and Members
of Autonomous Boards. ––(1)The President and Members of Autonomous Board shall file return of assets and
liabilities in the Form A of the Schedule annexed to these rules.
(2) The President and Members of each Autonomous Board shall also declare their professional and commercial
engagement or involvement on their first appointment and at the time of demitting office in Form B of the said
Schedule.
29. The other powers and functions of the Commission under clause (p) of sub section (2) of section 10.
In addition to the powers and f unctions of the Commission specified in section 10, the Commission shall ––
(a) undertake study to reduce the cost of dental education in the country;
(b) consider to suggest, among others, adoption of modern technology, intensive use of infrastructure, fac ulty sharing,
and global best practices with a view to reduce the cost of education and make it more accessible; and
(c) decide the manner of hearing appeals against the decisions of Autonomous Boards:
Provided that where an appeal is filed against the dec ision of an Autonomous Board, the President of such
Autonomous Board shall not participate in the appeal proceedings;
(d) without prejudice to the condition of previous publication envisaged under sub -section (1) of section 54, make
regulations after consu lting all State Governments, Union territory Administrations and other stakeholders, such as,
association of dental professionals, association of resident dentists and patient rights bodies including general public
by placing the draft regulations on the w ebsite of the Commission for a period of thirty days and considering the
objections or suggestions as may be received. The final draft of the regulation shall be sent to the legislative
Department for vetting through the Ministry of Health & Family Welfare .
(e) recruit employees on contract basis as per its requirement, not exceeding the present sanctioned strength of the
Dental Council of India, until the posts are sanctioned for the Commission and regular recruitment for the said posts
takes place.
(f) 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.
(g) shall also furnish such information or report to the Central Government as may be required from time to time
30. The amount of compensation payable to employees under the proviso to sub section 5 of section 58 .––(1)
The Commission shall decide on the premature termination compensation of the employees of the erstwhile Dental
Council of India within a period of three months from the date of constitution of the Commission.
(2) The employees of erstwhile Dental Council of India who are not taken for employment on contract basis by the
Commission, shall be paid an advance amount of equivalent to three months’ salary at the time of termination, which
shall be deducted from the total compensation package.
(3) The employees of erstwhile Dental Council of India who are not taken for employment on contract basis by the
Commission, sha ll be paid compensation package including pensionary benefits applicable to them as per the terms
and conditions of their services at the time of their appointment in erstwhile Dental Council of India.
SCHEDULE
Form A
[Sub rule 1 of rule 18 ]
DECLARATION OF ASSETS AND LIABILITIES
Assets and liabilities of Chairperson/ Member/ Secretary of the Commission and President and M embers of the
Autonomous Boards
A. Details of immovable property
Name of
District,
Sub-
Division,
Taluk
&
Village
or City
in which
proper ty
is
situated
(full
location
&
postal
address) Name &
Details
of
Property,
Housing,
Lands
and Other
Buildings Cost of
construction/Acquire
ment
(and year when
purchased) including
of
land in case of house Present
Value * How
acquired,
whether by
purchase,
lease **,
mortgage,
inheritance
, gift or
otherwise
with
date of
acquisition
& name
with
details of
person(s)
from
whom
acquired Annual
Income
from
Property
Remarks
Self
Spouse
Depend
ent
B. Details of movable property
Description of the property
(car/motorcycle/jewellery/
investments in banks/stock
markets/companies/financial
institutions/insurance policies etc.) Mode of
acquisition Purchase price
of the property Remarks
Self
Spouse
Dependent
DECLARATION
I, hereby declare that the information given above
is true and correct to the best of my knowledge and belief.
In the event of any change in the information given above, I undertake to intimate the Speaker as provided under the
rules.
Yours
Faithfully
Signature/thumb
Date:
impression
Form B
[Sub rule 2 of ru le 18 ]
Statement of professional and commercial engagements or involvement
on first appointment and at the time of demitting office
* Add more rows, if necessary.
Date…………………..
[F.No. V.12025/94/20 23-DE]
Dr. VIPUL AGGARWAL , Jt. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064
and Published by the Controller of Publications, Delhi -110054. Sl.No Relation Name Professional position held in last
three years from the date of
declarations, if any Commercial en gagements / involve -
ment held in last three years from the
date of declarations, if any
1 Self
2 Spouse
3 Dependent -1
4 Dependent -2
5.* Dependent -3
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