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PHARMACY ACT, 1948
8 OF 1948
"It is desirable that, as in most other countries, only persons who have attained a minimum standard of professional education should be permitted to practise the Profession of Pharmacy. It is accordingly proposed to establish a Central Council of Pharmacy, which will prescribe the minimum .standards of education and approve courses of study and examinations for Pharmacists, and Provincial Pharmacy Councils, which will be responsible for the maintenance of provincial registers of qualified pharmacists. it is further proposed to empower Provincial Governments to prohibit the dispensing of medicine on the prescription of a Medical Practitioner otherwise than by, or under the direct and personal supervision of, a registered pharmacists."-Gaz. of Ind.,1947, Part V, page 469. Amending Act 24 of 1959 :- The Pharmacy Act, 1948 (8 of 1948), which provides for the regulation of the profession and practice of pharmacy has been in force since 1948. This Bill seeks to amend the Act so as to give effect to the following objects, namely :- (1) the extension of the Act to the areas comprised in the former Part B States; (2) the introduction of provisions necessary to meet the situation which has arisen on account of the reorganisation of States which took effect on 1st November, 1956; (3) the registration of certain categories of persons. Opportunity has also been taken to make a few minor amendments in the Act, the need for which has been brought to light in the course of the administration of the Act during the last ten years. The Notes on clauses appended hereto explain the provisions of the Bill, wherever necessary.-Gaz. of India, 10- 12-1958. Pt. II, section 2, Ext., p. 1253. Amending Act 70 of 1976 :-The Bill seeks to provide for wider representation on the Pharmacy Council of India by providing for the inclusion in that Council of the representatives of the Union territories as also of the University Grants Commission and All-India Council for Technical Education. 2. A high degree of specialisation is taking place in various branches of pharmacy. It is, therefore. necessary to induct specialists as members of the committees of the Pharmacy Council of India. The Bill. therefore seeks to empower the Pharmacy Council of India to co-opt non-member specialists as members of its committees. 3. The accounts of the Pharmacy Council of India are at present audited by private auditors. The Bill seeks to provide that the audit of the accounts of the Pharmacy Council of India shall he made by the Comptroller and Auditor General of India or any person authorised by him. 4. A large number of persons had migrated to India from the territories now known as Bangla Desh. Other persons had been repatriated from Burma, Ceylon and Uganda, Many of these persons had been engaged in the profession of pharmacy for their livelihood in the territories from which they have migrated to India but did not possess the required qualifications in pharmacy. The Bill seeks to provide facilities for the registration of these persons to enable them to earn their livelihood in India. 5. A large number of persons had qualified in examination for compounder's/dispenser's courses in accordance with the rules made under Drugs and Cosmetics Act, 1940. These persons were not, however, registered under Pharmacy Act, 1948. The Bill seeks to provide for their registration as pharmacists. 6. Section 42 of the Pharmacy Act empowers the State Governments to appoint a dale on and from which unregistered persons shall be prohibited from dispensing medicines in that State. Many State Governments nave not, however, appointed, as yet, any date under the said section 42. In the circumstances, the Bill seeks to provide that section 42 shall automatically come into force in a Slate on the expiry of a period of five years from the commencement of the Pharmacy (Amendment) Act, 1975 if the Government of the concerned State had tailed to exercise the powers conferred on it by section 42. 7. Opportunity has also been taken to carry out certain other amendments in the Act to enable the Pharmacy Council of India to discharge its functions effectively.-S.O.R.- Gay. of Ind., 8-8- 1975, Pt. II. section 2, Ext., p. 692. Amending Act 22 of 1982 :- Section 42 of the Pharmacy Act provides that on or after such date as the State Government may by notification in the Official Gazette appoint in this behalf no person other than a registered pharmacist shall compound, prepare, mix or dispense any medicine on the prescription of a medical practitioner. The section was amended in 1976 to provide that where a State Government fails to bring the section into force from a dale earlier than the 1st September. 1981 (i.e. five years from the dale of coming into force of the Amendment Act of 1976), inc section would automatically dime into force in that State on the 1st September, 1981. So far only the State Governments of Assam, Kerala, Uttar Pradesh and the Union territory of Delhi have brought the provisions of the section into force. 2. Representations have been made that if the section were to come into force automatically with effect from 1st September, 1981 in the remaining States, certain categories of persons engaged in dispensing of drugs hitherto would become ineligible to continue their profession. In view of these representations and in order to enable the States concerned to train an adequate number of pharmacists. the sixth Joint Conference of the Centra! Council of Health and Central Family Welfare Council have recommended in April, 1979 that the section may be amended so that the date of automatic coming into force of the section in States in which it is not brought into force earlier is fixed as the 1 st September, 1984. It is proposed to accept this recommendation. 3. The Bill seeks to achieve the above object.-S.O.R.-Gar.. of Ind., 7-9-l981, Pt. II, section 2, Ext.. p. 578.An Act to regulate the profession of pharmacy. WHEREAS it is expedient to make better provision for the regulation of the profession and practice of pharmacy and for that purpose to constitute Pharmacy Councils; It is hereby enacted as follows :-
CHAPTER 1 : INTRODUCTORY
SECTION 1 : Short title, extent and commencement
(1) This Act may be called The Pharmacy Act, 1948.
(2) It extends to the whole of India except the State of Jammu and Kashmir.]
(3) It shall come into force at once, but Chapters III, IV and V shall take effect in a particular State from such date as the Suite Government may, by notification in the Official Gazette", appoint in this behalf. Provided that where on account of the territorial changes brought about by the reorganisation of States on the 1st day of November, 1956, Chapters III, IV and V have effect only in a part of a State, the said Chapters shall take effect in the remaining part of that State from such date as the State Government may in like manner appoint.]
SECTION 2 : Interpretation
In this Act, unless there is anything repugnant in the subject or context,- (a) "agreement" means an agreement entered into under (section 20) :
(b) "approved" means approved by the Central Council under (section 12) or (section 14);
[(c) "Central Council" means the Pharmacy Council of India constituted under (section 3);
(d) "Central Register" means the register of pharmacists maintained by the Central Council under (section 15) ;
(da) "Executive Committee" means the Executive Committee of the Central Council or of the State Council, as the context may require;
(e) "Indian University" means a University within the meaning of (S.3 of the University Grants Commission Act, 1956) and includes such other institutions, being institutions established by or under a Central Act as the Central Government may, by notification in the Official Gazette, specify in this behalf.]
[(f) "medical practitioner" means a person-
(i) holding a qualification granted by an authority specified or notified under (S.3 of the Indian Medical Degrees Act, 1916) .
or specified in the Schedules to (Indian Medical Council Act,1956);or
(ii) registered or eligible for registration in a medical register of a State meant for the registration of persons practising the modern scientific system of medicine: or
(iii) registered in a medical register of a State, who, although not falling within sub-clause (i) or sub-clause ,(ii) is declared by a general or special order made by the State Government in this behalf as a person practising the modern scientific system of medicine for the purposes of this Act; or
(iv) registered or eligible for registration in the register of dentists for a State under (Dentists Act, 1948) ; or
(v) who is engaged in the practice of veterinary medicine and who possesses qualifications approved by the State Government];
(g) "prescribed" means in Chapter II prescribed by regulations made under (section 18) , and elsewhere prescribed by rules made under (section 46) ;
[(h) "register" means a register of pharmacists prepared and maintained under Chapter IV;
(i) "registered pharmacist" means a person whose name is for the time being entered on the register of the State in which he is for the time being residing or carrying on his profession or business of pharmacy;
(j) "State Council" means a State Council of Pharmacy constitued under (section 19) , and includes a Joint State Council of Pharmacy constituted in accordance with an agreement under (section 20) ;
(k) "University Grants Commission" means the University Grants Commission established under (S.4 of the University Grants Commission Act, 1956) .
CHAPTER 2 : THE PHARMACY COUNCIL OF INDIA
SECTION 3 : Constitution and composition of Central Council
The Central Government shall, as soon as may be, constitute a Central Council consisting of the following members, namely :- (a) six members, among whom there shall be at least one teacher of each of the subjects, pharmaceutical chemistry, pharmacy, pharmacology and pharmacognosy elected by the 3 (e) [e] Substituted for the words "authority known as the inter-University Board" by the Pharmacy (Amendment) Act, 1976 (70 of 1976), section 3 (1-9-1976). [University Grants Commission] from among persons on the teaching staff of an Indian University or a College affiliated thereto which grants a degree or diploma in Pharmacy;
(b) six members, of whom at least 3 (f) [f] Substituted for the word "three", the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [ four] shall be persons, possessing a degree or diploma in, and practising pharmacy or pharmaceutical chemistry, nominated by the Central Government;
(c) one member elected from amongst.themselves by the members of the Medical Council of India;
(d) the Director General, Health Services, ex officio or if he is unable to attend any meeting, a person authorised by him in writing to do so;
3 (a) [a] Inserted by the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [(dd) The Drugs Controller, India, ex officio or if he is unable to attend any meeting, a person authorized by him in writing to do so.]
(e) the Director of the Central Drugs Laboratory, ex officio;
3 (g) [g] Substituted, the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [(f) a representative of the University Grants Commission and a representative of the All India Council for Technical Education.]
(g) one member to represent each 3 (b) [b] Word and letter 'Part A' omitted by 3 A.L.O., 1956 (with retrospective effect from 1-11-1956). [* * *] State elected 3 (b) [b] Word and letter 'Part A' omitted by 3 A.L.O., 1956 (with retrospective effect from 1-11-1956). [from amongst themselves by the members of each State Council 3 (d) [d] For reorganisation of the Bombay State Pharmacy Council functioning in parts of the States of Gujarat, Maharashtra, Mysore and Rajasthan, see the Bombay State Pharmacy Council (Reorganisation) Order, 1964, published in Gazette of lndia,17-8-1964,Pt. II, sec.3(ii), Extra.,p.717 et seq. who shall be a registered pharmacist;
(h) one member to represent each 3 (b) [b] Word and letter 'Part A' omitted by 3 A.L.O., 1956 (with retrospective effect from 1-11-1956). [* * *] State nominated by 3 (c) [c] Substituted for the words 'each such', the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [the] State Government, who shall be 3 (i) [i] Words "either a registered medical practitoner or" omitted, the Pharmacy (Amendment) Act, 1959 (24 of 1959). [*****J a registered pharmacist : 3 (g) [g] Substituted, the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [Provided that for five years from the date on which the Pharmacy (Amendment) Act, 1976, comes into force the Government of each Union territory shall, instead .of electing a member under clause (g), nominate one member, being a person eligible for registration under (section 31) , to represent that territory.] 3 (j) [j] Explanation, omitted, the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [* * *]
SECTION 4 : Incorporation of Central Council
The Council constituted under (section 3)
shall be a body corporate by the name of the Pharmacy Council of India, having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and shall by the said name sue and be sued.
SECTION 5 : President and Vice-President of Central Council
(1) The President and Vice- President of the Central Council shall be elected by the members of the said Council from among themselves: 3 (a) [a] Proviso omitted by the Pharmacy (Amendmem) Act, l959 (24 of 1959), section 6 (with effect from 1-5-1960). [* * * ****]
(2) 3 (b) [b] Substituted for the words "An elected President" by the Pharmacy (Amendment) Act, 1976 (70 of 1976), section 4(1-9-1976). [the President or Vice-President shall hold office assuch fora. term not exceeding five years and not extending beyond the expiry of his term as member of the Central Council, but subject to his being a member of the Central Council, he shall be eligible for re-election. 3 (c) [c] Added, the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [Provided that.if his term of-office as a member of the Central Council expires before the expiry of the full. term for which he is elected as President or Vice-President, he shall, if he is re- elected or re-nominated as a member of the Central.Council, continue,to hold office as President or Vice-President for the full term for which he is elected to such office.]
SECTION 6 : Mode of elections
Elections under this Chapter shall be conducted in the prescribed manner, and where any dispute arises regarding any such election, it shall be referred to the Central Government whose decision shall be final
SECTION 7 : Term of office and casual vacancies
(1) Subject to the provisions of this section, a nominated or elected member, 3 (a) [a] Words "other than nominated", omitted by the Pharmacy (Amendment) Act, 1976 (70 of 1976), S. 5 (1-9-1976). [ * * * *] shall hold office for a term of five years from the date of his nomination or election or until his successor has been duly nominated, or elected, whichever is longer.
(2) A nominated or elected member may at any time resign his membership by writing under- his hand-addressed to the President, and the seat of such member shall thereupon become vacant.
(3) A nominated or elected member shall bedeemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Central Council, from three consecutive meetings of the Central Council or if he is elected under clause (a), (c) or(g)of (section 3) ; if he ceases to be a member of the teaching staff. Medical Council of India Or a registered pharmacist, as the case may be.
(4) Acasual vacancy in the Central Council shall befilled by fresh nomination or election, as the case may be, and the person nominated or elected to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated or elected.
(5) No act done by the Central Council shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of. the Central Council.
(6) Members of the Central Council shall be eligible for renomination or re-election.
SECTION 8 : Staff, remuneration and allowances
3 (a) [a] Substituted tor S. 8 by the Pharmacy (Amendment) Act, 1976 (70 of 1976), S. 6 (1-9-1976). [ The Central Council shall- (a) appoint a Registrar who shall act as the Secretary to that Council and who may also, if deemed expedient by that Council act as the Treasurer thereof:
(b) appoint such other officers and servants as that Council deems necessary to enable it to carry out its functions under this Act.
(c) require and take from the Registrar, or any other officer or servant, such security for the due performance of his duties as that Council may consider necessary: and
(d) with the previous sanction of the Central Government, fix-
(i) the remuneration and allowances to be paid to the President, Vice-President, and other members of that Council,
(ii) the pay and allowances and other conditions of service of officers and servants of that Council.]
SECTION 9 : The Executive Committee
(1) The Central Council shall, as soon as may be, constitute an Executive Committee consisting of the President (who shall be the Chairman of the Executive Committee) and Vice-President, ex officio, and five other members elected by the Central Council from amongst its members.
(2) A member of the Executive Committee shall hold office as such until the expiry of his term of office as member of the Central Council, but subject to his being a member of the Central Council, he shall be eligible for reelection.
(3) In: addition to the powers and duties conferred and imposed upon it by this Act the Executive Committee shall exercise and discharge such powers and duties as may be prescribed.
SECTION 9A : Other committees
3 (a) [a] Inserted by the Pharmacy (Amendment) Act, 1976 (70 of 1976), S. 7 (1-9-1976).(1) The Central Council may constitute from among its members other committees for such general or special purposes as that Council may deem necessary and for such periods not exceeding five years as it may specify, and may co-opt for a like period persons, who are not members of the Central Council, as members of such committees.
(2) The remuneration and allowances to be paid to the members of such committees shall be fixed by the Central Council with the previous sanction of the Central Government.
(3) The business before such committees shall be conducted in accordance with such regulations as may be made under this Act.]
SECTION 10 : Education Regulations
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