PART IV – MISCELLANEOUS

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PART IV – MISCELLANEOUS

30.   Seal of Council

The Council shall have a seal which shall bear such device as may be approved by the Council.

31.   Validity of documents

All deeds, instruments, contracts and other documents shall be deemed to be duly executed by or on behalf of the Council if signed by the Registrar or any member authorised by the Council for that purpose.

32.   Remuneration and immunity

(1)  The members of the Council shall be paid such allowance as may be determined by the Minister.

(2)  No civil or criminal proceedings shall lie against a member or the Registrar in respect of any act or omission done by him in good faith in the performance of his duties under this Act.

33.   Duty of disclosure

Every member who—

          (a)     is closely related to a registered person whose conduct, act or omission is under investigation;

          (b)     has any pecuniary or other personal interest in the subject matter of any such investigation,

shall disclose his relationship or interest, as the case may be, and refrain from participating in the investigation.

34.   Deficiency in quorum

(1)  Where, by virtue of section 33 or for any other cause specified in section 7 (1), a quorum cannot be obtained by the Council, the quorum shall be constituted in accordance with paragraph (a), (b) or (c) of that subsection.

(2)  Where a quorum cannot be obtained without a fresh election and the Council is of the opinion that it is urgent to hold an investigation, the Chairperson may request the Minister to appoint one or more persons, as appropriate, to make up any deficiency in quorum for the purpose of such investigation.

(3)  An appointment made by the Minister under subsection (2) shall not lapse notwithstanding that a quorum can be obtained if the investigation in respect of which he is appointed is not completed.

35.   Restoration of name to register

(1)  Subject to any order which may be made by the Supreme Court, where the name of any person has been removed from the register in accordance with the provisions of this Act, the name of that person shall not be restored to it except by order of the Council.

(2)  Where the name of a person has been removed from the register, the Council may—

          (a)     after the expiry of 12 months from the date of such removal;

          (b)     either of its own motion or on application of the person; and

          (c)     after holding such inquiry as it thinks fit,

cause the name of such person to be restored to the register.

36.   Illegal practice of dentistry

(1)  No person shall practise dentistry in Mauritius unless he is registered under this Act or exempted from such registration.

(2)  No person shall demand or sue for or recover in any Court any charge by way of claim, counterclaim, set-off or otherwise in relation to any dental advice or treatment provided by him unless he is registered as a dental surgeon or dental specialist under this Act or exempted from such registration.

(3)  No person shall—

          (a)     take or use any name, title, addition or description—

                      (i)   implying a qualification to practise dentistry in Mauritius; or

                     (ii)   implying or tending to the belief that he is a registered person; or

          (b)     by any wilful act or omission, cause or induce any person to believe that he is a registered person,

unless he is duly registered under this Act.

(4)  For the purposes of this section, the performance of any single act relating to the practice of dentistry may be held to be sufficient evidence of such practice.

(5)  No person, who has been suspended from the practice of dentistry or whose name has been removed from the register shall practise dentistry during the period of suspension or so long as his name has not been restored in the register, as the case may be.

(6)  Any person who contravenes subsection (1), (3) or (5) shall commit an offence.

(7)  Where a person is convicted of an offence under this section, any drug, poison, medicine or any surgical, medical, dental or diagnostic instrument or appliance used by him or belonging to him or found in his possession may be forfeited, destroyed or otherwise disposed of as the Court thinks fit.

37.   Illegal practice as dental specialist

(1)  No person shall—

          (a)     take or use any title implying that he is a dental specialist; or

          (b)     practise as, or profess to be, a dental specialist,

unless he is registered as a dental specialist.

(2)  Any person who contravenes subsection (1) shall commit an offence.

(S. 37 came into operation on 1 July 2000.)

38.   Exemptions from application of Act

Nothing contained in this Act shall be deemed to prohibit or prevent—

          (a)     any person duly authorised by the Permanent Secretary and employed by, or attached to, any voluntary organisation in Mauritius from rendering in the course of his duties, medical assistance under the supervision of, or pursuant to the instructions of, a dental surgeon or dental specialist;

          (aa)    any student enrolled in a medical institution, and duly authorised by the Permanent Secretary, from carrying out, or assisting in, dental surgery under the supervision of a dental surgeon;

          (b)     any nurse from carrying out his duties under the supervision of or pursuant to the instructions of, a registered person;

          (c)     any oral surgeon authorised in writing to do so by the Permanent Secretary from carrying out maxillo-facial surgery.

[S. 38 amended by s. 3 of Act 27 of 2005 w.e.f. 29 October 2005.]

39.   Funds and audit

(1)  All fees payable under any regulations made under this Act shall form part of the revenue of the Council and any expenses incurred in carrying out the provisions of this Act shall be paid out of such revenue.

(2)  The Council shall keep proper accounts of all sums received or paid and the accounts for each financial year shall be audited by a qualified auditor appointed by the Council.

(3)  The Council may borrow money or accept any donation.

40.   Power to make regulations

(1)  The Council shall have the power to make regulations generally for the carrying out of the provisions of this Act and any such regulations may—

          (a)     prescribe anything which is permitted or required by this Act to be prescribed;

          (b)     provide for—

                      (i)   any matter in respect of which regulations may be made under this Act;

                     (ii)   the procedure to be followed by the Council at any inquiry under this Act;

                    (iii)   the levy of fees;

                    (iv)   a Code of Practice for the purposes of section 12 (c);

                     (v)   a registered person to follow such courses, and for such period, as may be prescribed;

                    (vi)   a scheme of accreditation of registered persons;

                   (vii)   a person who fails to comply with any regulations or Code of Practice shall commit an offence or be subject to disciplinary proceedings, as the case may be;

          (c)     amend the Schedule.

(2)  Regulations made under this section shall be subject to the approval of the Minister and shall be laid on the Table of the Assembly.

41.   Powers of Minister

The Minister may give to the Council such directions of a general nature, not inconsistent with this Act, as he thinks fit, and the Council shall comply with such directions.

42.   Offences

(1)  Any person who—

          (a)     fails to attend the Tribunal after having been required to do so;

          (b)     refuses to take an oath before the Tribunal or to answer fully and satisfactorily to the best of his knowledge and belief any question lawfully put to him in any proceedings before the Tribunal or to produce any article or document when required to do so by the Tribunal;

          (c)     gives false evidence or evidence which he knows to be misleading before the Tribunal;

          (d)     at any sitting of the Tribunal—

                      (i)   wilfully insults any member thereof;

                     (ii)   wilfully interrupts the proceedings or commits any contempt of the Tribunal;

          (e)     fraudulently procures or attempts to procure his registration under this Act;

          (f)      being required in writing by the Council to attend as a witness or to procure any document for the purposes of this Act, fails to do so without any reasonable or lawful justification or excuse;

          (g)     obstructs the proceedings of the Council or Tribunal during any investigation by or proceedings of the Council or Tribunal under this Act;

          (h)     molests any member of the Council or Tribunal in the course of or on account of any investigation or proceedings under this Act;

          (i)      contravenes any regulation made under this Act,

shall commit an offence.

(2)  Any person who commits an offence under this Act or any regulations made under this Act shall, on conviction, be liable to a fine not exceeding 10,000 rupees or to imprisonment for a term not exceeding 12 months.

43.   —