Whenever information is received by the Registrar that a Dentist who is an applicant for registration or whose name has already been registered, has been guilty of conduct which prima facie constitutes infamous conduct in a professional respect the Registrar shall make an abstract of such information.

Where the information in question is in the nature of a complaint by a person or body charging the practitioner with infamous conduct in a professional respect such complaint shall be made in writing addressed to the Registrar and shall state the grounds of complaints and shall be accompanied by one or more declarations as to the facts of the case.

Every declaration must state description and true place of abode of the declarant, and where the fact stated in a declaration is not within the personal knowledge of the declarant, the source of information and grounds for the belief of the declarant in its truth must be accurately and fully stated.

The abstract and where a complaint has been lodged the complainant and all other documents bearing on the case, shall be submitted by the Registrar to the President who shall if he thinks fit, instruct the Registrar to ask the Dentist by means of a registered letter for any explanation he may have to offer. The document including any explanation forwarded by the Dentist shall then be referred to the Executive Committee who shall consider the same and shall have power to cause further investigation to be made and further evidence to be taken, and to refer, if necessary, to a legal practitioner, for his advice and assistance, as it shall think fit.

The inquiry shall be instituted by the issue of a notice in writing, on behalf of the Executive Committee by the Registrar addressed to the Dentist, such notice shall specify the nature and particulars of the charges, and shall inform the Dentist of the day on which the Executive Committee intends to deal with the case and shall call upon him to answer the charge in writing and to attend before the Executive Committee on that day.

The notice referred to in Rule 64 shall be in Form No. X in the appendix of these rules, with such variations as circumstances may require. It shall be sent three weeks before the date of inquiry and shall be accompanied by a copy of section 41 of the Act, as the case may be and of the rules to regulate the procedure for conducting an inquiry referred to in these sections.

In every case in which the Executive Committee resolve that an inquiry shall be instituted and a notice for an inquiry is issued accordingly, the complainant (if any) and the Dentist charged shall upon request in writing for that purpose signed by him or his legal practitioner, be entitled to be supplied by Registrar with a copy of any declaration, explanation, answer or other document given or sent to the Council by or on behalf of the other party, which such other party will be entitled on proper proof to use at the hearing as evidence in support of or in answer to the charge specified in the notice of enquiry.

Any answer, evidence or statement forwarded or application made by the Dentist between the date of issue of the notice and the day named for hearing of the charge shall be dealt with by the President, in such manner as he shall think fit.

All material documents, which are to be laid before the Executive Committee, as evidence in regard to the case shall be printed, and copies of each shall be furnished to each member of the Executive Committee before the hearing.

At the hearing of the case by the Executive Committee the complainant and also the Dentist may be represented or assisted by a legal practitioner.

Where a complainant appears personally or by legal practitioner the order of procedure shall be as follows: -

(1) The Registrar will read to the Executive Committee the notice of the enquiry addressed to the dentist.

(2) The complainant will then be invited to state his case by himself or by his legal representative and to produce his proofs in support of it. At the conclusion of the complainant’s proof his case will be closed.

(3) The Dentist will then be invited to state his case by himself or by his legal practitioner, and to produce his proofs in support of it. He may address to the Executive Committee either before or at the conclusion of his proofs, but only one.

(4) At the conclusion of the Dentist’s case, the Executive Committee, will if the Dentist has produced evidence, here the complainant in reply on the case generally, but will hear no further evidence, except in any special case in which the Executive Committee may think it right to receive such further evidence. The complainant will not be heard in reply except by special leave of the Executive Committee.

(5) Where a witness is produced by any party before the Executive Committee he will be first examined by the party producing him, and then cross-examined by the adverse party, and then re-examined by the party producing him. The Executive Committee may decline to admit in evidence any declaration where the declarant is not present, or declines to submit to cross-examination.

(6) The President and members of the Executive Committee, through the President, may put questions to any witness.

Where there is no complainant or no complainant appears, the order of procedure shall be as follows: -

The Registrar will read to the Executive Committee the notice of inquiry addressed to the Dentist and will state the facts of the case and produce before the Executive Committee the evidence by which it is supported.

The Dentist will then be invited to state his case by himself or his legal representative and to produce his proof in support of it. He may address the Executive Committee either before or at the conclusion of his proofs but only once.

Upon the conclusion of the case, the Executive Committee will deliberate thereon in private, and at conclusion of the deliberations the President shall call upon the Executive Committee’s vote on the question whether the Dentist charged is guilty of any act under section 41.

If the Executive Committee by a majority, voting at the meeting find the Dentist guilty of any act under section 41 the President shall direct the Registrar not to register his name if he be an applicant for registration, or to erase his name from the register of registered Dentists if he is already a registered Dentist, subject to confirmation by the Council the order shall not take effect until the expiry of three months from the date of such confirmation.

When the registration of the name of any Dentist is refused, or when the name of any Dentist is removed from the register in accordance with the provisions of the preceding rules the Registrar forthwith send notice of such refusal or removal to the Dentist, and such notice shall be sent by registered letter addressed to the last known address of the Dentist. The Registrar shall also send, forthwith, intimation of any such refusal or removal to the body or bodies from whom the Dentist received his qualification or qualifications.