West Bengal State Dental Service Act, 2009
No: 5 Dated: May, 05 2009
THE WEST BENGAL STATE DENTAL SERVICE ACT, 2009
West Bengal Act V of 2009
An Act to provide for the regulation of the recruitment, and conditions of service of persons appointed to the State Dental Service.
Whereas it is expedient, in the public interest, to regulate the recruitment, and the conditions of service of persons appointed, to the State Dental Services;
It is hereby enacted as follows:-
1. Short title and commencement. - (1) This Act may be called the West Bengal State Dental Service Act, 2009.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "cadre" means the strength of service or a part of service sanctioned by the State Government as & separate unit;
(b) "former West Bengal Dental Service" means the West Bengal Dental Service in existence immediately before the coming into force of this Act;
(c) "notification" means a notification published in the Official Gazette;
(d) "prescribed" means prescribed by rules made under this Act;
(e) "service" means the State Dental Service;
(f) "State Dental Service" means the West Bengal Dental Education Service, or the West Bengal Dental Service, as constituted under section 3.
3. Constitution of State Dental Service. - With effect from such date as the State Government may, by notification, appoint in this behalf, there shall be constituted the following State Dental Services and different dates may be appointed for different services, namely:-
(1) the West Bengal Dental Education Service;
(2) the West Bengal Dental Service.
4. Transfer from one service to another. - (1) No person appointed to the West Bengal Dental Education Service shall be transferred to the West Bengal Dental Service:
Provided that any person holding a teaching post in the basic level, as may be prescribed, in the West Bengal Dental Education Service may exercise an option for the West Bengal Dental Service on such terms and conditions as may be prescribed.
(2) No person appointed to the West Bengal Dental Service shall be transferred to the West Bengal Dental Education Service.
(3) Subject to the foregoing provisions of this section and the rules made under this Act, the State Government shall have the right to transfer any person from one post to another post:
Provided that except on account of inefficiency or misbehaviour or on his written request, no person shall be transferred to a post carrying less pay than the pay of the post held by him for the time being.
5. Combination of appointment. - Subject to the provisions of this Act, the State Government may appoint any person to hold two or more separate posts on such terms and conditions as may be prescribed.
6. Dental Colleges and Medical Colleges where a person holding post in the Cadre of West Bengal Dental Education Service or the West Bengal Dental Service may exercise option for practice. - The State Government may, by notification, declare any undergraduate or postgraduate Medical and Dental College or other Medical and Dental teaching institution together with the Hospital, if any, attached to such College or institution to be an institution where a person holding such post included in the cadre of the West Bengal Dental Education Service or the West Bengal Dental Service, as may be prescribed, may be given option to practice on such terms and conditions as may be prescribed.
7. Cadre of West Bengal Dental Education Service. - The cadre of the West Bengal Dental Education Service shall consist of such teaching posts and on such terms and conditions, as may be prescribed, and shall include such teaching administrative posts as may be notified by the State Government from time to time:
Provided that such terms and conditions may include the condition of management and supervision of admission to beds, and treatment, of patients in such undergraduate or post-graduate Medical or Dental College or other medical or dental teaching institution together with the Hospital, if any, attached to such Medical or Dental College or institution, as may be prescribed.
8. Cadre of West Bengal Dental Service. - The cadre of the West Bengal Dental Service shall consist of such non-teaching posts and on such terms and conditions, as may be prescribed.
9. Posts in the cadre of the West Bengal Dental Education Service. - (1) The posts included in the cadre of the West Bengal Dental Education Service shall consist of such non-practising posts as may be prescribed and shall include such other posts where practising option may be available on such terms and conditions and in such manner as may be prescribed.
(2) Any person appointed to a non-practising post included in the cadre of the West Bengal Dental Education Service, or any person who opts for practice but not permitted to practice may be granted such non-practising allowance as may be prescribed.
10. Posts in the cadre of the West Bengal Dental Service. - (1) The posts included in the cadre of the West Bengal Dental Service shall consist of such non-practising posts as may be prescribed and shall include such other posts where practising option may be available on such terms and conditions and in such manner as may be prescribed.
(2) Any person appointed to a non-practising post included in the cadre of the West Bengal Dental Service, or any person who opts for practice but not permitted to practice may be granted such non-practising allowance as may be prescribed.
11. Persons appointed to posts in West Bengal Dental Service, to continue in such posts. - Any person of the former West Bengal Dental Service appointed to a post included in the cadre of the West Bengal Dental Service, shall continue in such post on such terms and conditions as were immediately before the coming into force of this Act.