Pharmacy Act
An Act to regulate the profession of pharmacy.
Chapter I - Introductory
1. Short title, extent and commencement
2. Interpretation
3. Constitution and composition of Central Council
4. Incorporation of a Central Council
5. President and Vice-president of Central Council
6. Mode of elections
7. Term of office and casual vacancies.
8. Staff, remuneration and allowances
9. The Executive Committee
9A. Other Committees
10. Education Regulations
11. Application of Education Regulations
12. Approval courses of study and examinations
13. Withdrawal of approval
14. Qualifications granted outside the territories to which this Act extends
15. Mode of declarations
15A. The Central Register
15B. Registration in the Central Register
16. Inspection
17. Information to be furnished
17A. Accounts and audit
18. Power to make regulations.
19. Constitution and composition of State Council
20. Inter-State agreements.
21. Composition of Join State councils
22. Incorporation of State Councils
23. President an Vice-President of State Council
24. Mode of elections
25. Term of office and casual vacancies
26. Staff, remuneration and allowances
26A. Inspection
27. The Executive Committee
28. Information to be furnished
Chapter IV - Registration Of Pharmacists
29. Preparation and maintenance register
30. Preparation of first register
31. Qualifications for entry on first register
32. Qualifications for subsequent registration
32A. Special provisions for registration certain persons
32B. Special provisions for registration of displaced persons, repatriates and other persons
33. Scrutiny of applications for registration
34. Renewal fees
35. Entry of additional qualifications
36. Removal from register
37. Restoration to register
38. Bar of other jurisdiction.
39. Issue of duplicate certificates of registration
40. Printing of register and evidentiary value of entries therein
Chapter V - Miscellaneous
41. Penalty for falsely claiming registered
42. Dispensing unregistered sons
43. Failure to surrender certificate of registration
44. Payment of part of fees to Central Council
45. Appointment of Commission of Enquiry
46. Power to make rules
Foot Notes
Chapter I - Introductory
1. Short title, extent and commencement
(1) This Act may be
called the Pharmacy Act, 1948.
2[(2) It extent to the
whole of Indian except the State of Jammu and Kashmir.]
(3) It shall come into
force at once but Chapter III, IV, and V shall take effect in a particular
State from such date 3[***] as the State Government may, by
notification in the Official Gazette, appoint in this behalf :
4[Provided that where on account of the territorial changes brought about by the reorganization of State 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.]
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 ;
5[(c) "Central
Council" means the register of Pharmacy Council of India constituted under
section 3;
(d) "Central
Register" means the register of pharmacists maintained by the Central
Council under section 15A;
(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 section 3 of the
University Grant 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;]
6[(f) "medical
practitioner" means a person-
(i) holding a qualification granted by an
authority specified or notified under section 3 of the Indian Medical Degrees
Act, 1916, or specified in the Schedules to the 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
practicing 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 practicing 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 the 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;
7[(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 in 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 constituted 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 section 4 of
University Grant Commission Act, 1956.]
8[***]
3. Constitution and composition of Central Council
The Central Government
shall, as soon as may be, constituted 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 9[University Grants Commission] from among persons on the
teaching staff of an Indian University or college affiliated thereto which
grants a degree or diploma in pharmacy ;
(b) six members, of
whom at least 10[four] shall be persons possessing a degree or
diploma in, and practicing 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 authorized by him in writing to do so ;
11[(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 ;
12[(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 13[***] State elected 14[from amongst
themselves] by the members of each State Council, who shall be a registered
pharmacist ;
(h) one member to represent
each 13[***] State nominated by 15[the] State Government,
who shall be 16[***] a registered pharmacist :`
17[Provided that
for the five years from the date on which the pharmacy (Amendment) Act, 1976,
comes into the force the Government of each Union territory shall, instead of
electing a member under clause (g) nominated one member, being a person
eligible for registration under section 31, to represent that territory.]
18[***]
4. Incorporation of a 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.
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.
19[***]
(2) 20[The
President] or Vice-President shall hold office as such for a 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 :
21[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.]
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.
7. Term of office and casual vacancies.
(1) Subject to the
provisions of the section, a nominated or elected member 22[***]
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 be deemed to have vacated his seat if he is absent without
excuse, sufficient in the opinion of the Central Council, from three
consecutive meeting 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) A Casual vacancy
in the Central Council shall be filled 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 defect in the constitution of, the Central
Council.
(6) Members of the Central Council shall be eligible for re-nomination or re-election.
8. Staff, remuneration and allowances
The Central Council
shall�
(a) appoint a Register
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 allowance to be paid
to the President, Vice-President, and other members of that Council,
(ii) the pay and allowances of and other conditions of services of officers and servants of that Council.]
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 Chairman of the Executive Committee) and
Vice-President, ex officio, and five other members elected by the Central
Council from amongst its member.]
(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 re-election.
(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.
9A. Other Committees
(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.]
10. Education Regulations
(1) Subject to the
provisions of this section, the Central Council may, subject to the approval of
the Central Government, make regulations, to be called the Education
Regulations, prescribing the minimum standard of education required for
qualification as a pharmacist.
(2) In particular and
without prejudice to the generality of the foregoing power, the Education
Regulations may prescribe-
(a) the nature and period of study and of
practical training to be undertaken before admission to an examination ;
(b) the equipment and facilities to be
provided for students undergoing approved courses of study ;
(c) the subjects of
examination and the standards therein to be attained ;
(d) any other
conditions of admission to examinations.
(3) Copies of the
draft of the Education Regulations and of all subsequent amendments thereof
shall be furnished by the Central Council to all State Governments, and the
Central Council shall before submitting the Education Regulations or any
amendment thereof, as the case may be, to the Central Government for approval
under sub-section (1) take into consideration the comments of any State
Government received within three months from the furnishing of the copies as
aforesaid.
(4) The Education
Regulations shall be published in the Official Gazette and in such other manner
as the Central Council may direct.
(5) The Executive Committee shall from time to time report to the Central Council on the efficacy of the Education Regulations and may recommend to the Central Council such amendments thereof as it may think fit.
11. Application of Education Regulations
At any time after the
constitution of the State Council under Chapter III and after consultation with
the State Council, the State Government may, by notification in the Official Gazette,
declare that the Education Regulations shall take effect in the State
Provided that where no such declaration has been made, the Education Regulations shall take effect in the State on the expiry of three years from the date of the constitution of the State Council.
12. Approval courses of study and examinations
(1) Any authority in
the State 25[***] which conducts a course of study for pharmacists
may apply to the Central Council for approved of the course, and the Central
Council, if satisfied, after such enquiry as it thinks fit to make, that the
said course of study is in conformity with the Education Regulations, shall
declare the said course of study to be an approved course of study for purpose
of admission to an approved examination for pharmacists.
(2) Any authority in a
state 25[***] which holds an examination in pharmacy may apply to
the Central Council for approval of the examination, and the Central Council,
if satisfied, after such enquiry as it thinks fit to make, that the said examination
is in conformity with the Education Regulations, shall declare the said
examination to be an approved examination for the purpose of qualifying for
registration as a pharmacist under this Act.
(3) Every authority in the States 25[***] which conducts an approved course of study or holds an approved examination shall furnish such information as the Central Council may, from time to time, require as to the courses of study and training and examination to be undergone, as to the ages at which such courses of study and examination are required to be undergone and generally as to the requisites for such courses of study and examination.
13. Withdrawal of approval
(1) Where the
Executive committee reports to the Central Council that an approved course of
study or an approved examination does not continue to be in conformity with the
Education Regulations, the Central Council shall give notice to the authority
concerned of its intention to take into consideration the question of
withdrawing the declaration of approval according to the course of study or
examination, as the case may be, and the said authority shall within three
months from the receipt of such notice forward to the Central Council through
the State Government such representation in the matter as it may wish to make.
(2) After considering any representation which may be received from the authority concerned and any observations thereon which the State Government may think fit to make, the Council may declare that the course of study or the examination shall be deemed to be approved only when completed or passed, as the case may be, before a specified date.
14. Qualifications granted outside the territories to which this Act extends
The Central Council,
if it is satisfied that any qualification in pharmacy granted by an authority
outside the 26[territories to which this Act extends] affords a
sufficient guarantee of the requisite skill and knowledge, may declare such
qualification to be an approved qualification for the purpose of qualifying for
registration under this Act, and may for reasons appearing to it sufficient at
any time declare that such qualification shall be deemed 27[,
subject to such additional conditions, if any, as may be specified by the
Central Council,] to be approved only when granted before or after a specified
date :
Provided that no person other than a 28[citizen of India] possessing such qualification shall be deemed to be qualified for registration unless by the law and practice of the State or country in which the qualification is granted, persons of India origin holding such qualification are permitted to enter and practice the profession of pharmacy.
15. Mode of declarations
All declarations under section 12, section 13 or section 14 shall be made by resolution passed at a meeting of the Central Council, and shall have effect as soon as they are published in the Official Gazette.
15A. The Central Register
(1) The Central
Council shall cause to be maintained in the prescribed manner a register of
pharmacists to be known as the Central Register, which shall contain the names
of all persons for the time being entered in the register for a State.
(2) Each State Council
shall supply to the Central Council five copies of the register for the State
as soon as may be after the first day of April of each year, and the Registrar
of each State Council, shall inform the Central Council, without delay, all
additions to, and other amendments in, the register for the State made from
time to time.
(3) it shall be the
duly of the Registrar of the Central Council to keep the Central Register in
accordance with the orders made by the Central Council, and from time to time
to revise the Central Register and publish it in the Gazette of India.
(4) The Central Register shall be deemed to be public document within the meaning of the Indian Evidence Act, 1872 and may be proved by the production of a copy of the Register as published in the Gazette of India.
15B. Registration in the Central Register
The Registrar of the Central Council shall, on receipt of the report of registration of a person in the register for a State, enter his name in the Central Register.]
16. Inspection
(1) The Executive
Committee may appoint such number of inspectors as it may deem requisite for the
purposes of this Chapter.
(2) An Inspector may-
(a) inspect any
institution which provides an approved course of study;
(b) attend at any
approved examination;
(c) inspect any institution whose authorities
have applied for the approval of its course of study or examination under this
Chapter, and attend at any examination of such institution.
(3) An Inspector
attending at any examination under sub-section(2) shall not interfere with the
conduct of the examination, but he shall report to the Executive Committee on
the sufficiency of every examination he attends and on any other matter in
regard to which the Executive Committee may require him to report.
(4) The Executive Committee shall forward a copy of every such report to the authority or institution concerned, and shall also forward a copy together with any comments thereon which the said authority or institution may have made, to the Central Government and to the Government of the State in which the authority or institution is situated.
17. Information to be furnished
(1) The Central
Council shall furnish copies of its minutes and of the minutes of the Executive
Committee and an annual report of its activities 30[***] to the
Central government.
(2) The Central Government may publish in such manner as it may think fit any report, 31[or copy], furnished to it under this section or under section 16.
17A. Accounts and audit
(1) The Central
Council shall maintain proper accounts and other relevant records and prepare
an annual statement of accounts, in accordance with such general directions as
may be issued and in such form as may be specified by the Central Government in
consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the
Central Council shall be audited annually by the Comptroller and
Auditor-General of India or any person authorized by him in this behalf and any
expenditure incurred by him or any person so authorized in connection with such
audit shall be payable by the Central Council to the Comptroller and
Auditor-General of India.
(3) The Comptroller
and Auditor-General of India and any person authorized by him in connection
with the audit of the accounts of the Central Council shall have the same
rights and privileges and authority in connection with such audit as the
Comptroller and Auditor-General of India has in connection with the audit
of the Comptroller and Auditor -General of India has in connection with the
audit of Government accounts, and in particular, shall have the right to demand
the production of books of accounts, connected vouchers and other documents and
papers.
(4) The accounts of the Central Council as certified by the Comptroller and Auditor-General of India or any person authorized by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Council which shall forward the same with its comments to the Central Government.]
18. Power to make regulations.
(1) The Central Council
may, with the approval of the Central Government, 33[by notification
in the Official Gazette,] make regulations consistent with this Act to carry
out the purposes of this Chapter.
(2) In particular and
without prejudice to the generality of the foregoing power, such regulations
may provide for-
34[(a) the management of
the property of the Central Council ;]
(b) the manner in
which elections under this Chapter shall be conducted;
(c) the summoning and holding of meeting of
the Central Council, the times and places at which such meetings shall be held,
the conduct of business thereat and the number of members necessary to
constitute a quorum;
(d) the functions of the Executive Committee,
the summoning and holding meetings thereof, the times and places at which such
meetings shall be held, and the number of members necessary to constitute a
quorum;
(e) the powers and
duties of the President and Vice-President ;
(f) the qualifications, the term of office and
the powers and duties of the 35[Registrar, Secretary], Inspectors
and other officers and servants of the Central Council, including the amount
and nature of the security to be furnished by the 36[Registrar or
any other officer or servant].
37[(g) the manner in which the Central Register
shall be maintained and given publicity ;
(h) constitution and functions of the
committees other than Executive Committee, the summoning and holding of
meetings thereof, the time and place at which such meetings shall be held, and the
number of members necessary to constitute the quorum.]
(3) Until regulations
are made by the Central Council under this section, the President may, with the
previous sanction of the Central Government, make such regulations under this
section, including those to provide for the manner in which the first elections
to the Central Council shall be conducted, as may be necessary for carrying
into effect the provisions of this Chapter, and any regulations so made may be
altered or rescinded by the Central Council in exercise of its powers under
this section.
33[(4) Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or in two or more succession or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]
19. Constitution and composition of State Council
Except where a Join
State Council is constituted in accordance with an agreement made under section
20, the State Government shall constitute a State Council consisting of the
following members, namely :-
(a) six members,
elected form among themselves by registered pharmacists of the State ;
(b) five members, of
whom at least 38[three] shall be persons possessing a prescribed degree
or diploma in pharmacy or pharmaceutical chemistry or 39[registered
pharmacists], nominated by the State Government ;
(c) one member elected
from amongst themselves by the members of each Medical Council or the Council
of Medical Registration of the State, as the case may be;
(d) the chief
administrative medical officer of the state ex officio or if he is unable to
attend any meeting, a person authorized by him in writing to do so;
40[(dd) the
officer-in-charge of drugs control organization of the State under the 41[Drugs
and Cosmetics Act, 1940], ex officio or if he unable to attend any meeting, a
person authorized by him in writing to do so;]
(e) the Government
Analyst under the 41[Drugs and Cosmetics Act, 1940], ex officio, or
where there is more than one, such one as the State Government may appoint in
this behalf :
Provided that where an agreement is made under clause (b) of sub-section (1) of section 20, the agreement may provide that the State Council to serve the needs of the other participating States also shall be augmented by not more than two members, of whom at least one shall at all times be a person possessing a prescribed degree or diploma in pharmacy or pharmaceutical chemistry or a 42[registered pharmacist], nominated by the Government of each of the said other participating States, and where the agreement so provides, the composition of the State Council shall be deemed to be augmented accordingly.
20. Inter-State agreements.
(1) Two or more State
Governments may enter into an agreement to be in force for such periods and to
be subject to renewal for such further periods, if any as may be specified in
the agreement, to provide-
(a) for the constitution of a Join State
Council for all the participating States, or
(b) that the State Council of one State shall
serve the needs of the other participating States.
(2) In addition to
such matters as are in this Act specified, an agreement under this section may-
(a) provide for the apportionment between the
participating States of the expenditure in connection with the State Council or
Joint State Council ;
(b) determine which of the participating State
Governments shall exercise the several function of the State Government under
this Act, and the references in this Act to the State Government shall be
construed accordingly;
(c) provide for consultation between the
participating State Governments either generally or with reference to
particular matters arising under this Act ;
(d) make such incidental and ancillary
provisions, not inconsistent with this Act, as may be deemed necessary or
expedient for giving effect to the agreement.
(3) An agreement under this section shall be published in the Official Gazettes of the participating States
21. Composition of Join State councils
(1) A Join State
Council shall consist of the following members, namely :-
(a) such number of members, being not less
that three and not more than five as the agreement shall provide elected from
amongst themselves by the registered pharmacists of each of the participating
States;
(b) such number of members, being not less
than two and not more than four as the agreement shall provide, nomination by
each participating State Government ;
(c) one member elected from amongst themselves
by the members of each Medical Council or the Council of Medical Registration
of each participating State as the case may be ;
(d) the chief a administrative medical officer
of each participating State, ex officio, or if he is unable to attend any
meeting, a person authorized by him in writing to do so ;
43[(dd) the officer-in-charge of drugs control
organization of each participating State under the 44[Drugs and
Cosmetics Act, 1940], ex officio, or if he is unable to attend any meeting, a
person authorized by him in writing to do so;]
(e) the Government Analyst under the 44[Drugs
and Cosmetics Act, 1940], of each participating State, ex officio, or where
there is more than one in any such State, such one as the State Government may
appoint in this behalf.
(2) The agreement may
provide that within the limits specified in clauses (a) and (b) of sub-section
(1), the number of members to be elected or nominated under those clauses may
or may not be the same in respect of each participating State.
(3) Of the members nominated by each State Government under clause (b) of sub-section (1), 45[more than half] shall be persons possessing a prescribed degree or diploma in pharmacy or pharmaceutical chemistry or 46[registered pharmacists].
22. Incorporation of State Councils
Every State Council shall be body corporate by such name as may be notified by the State Government in the Official Gazette or, in the case of a Joint State Council, as may be determined in the agreement, having perpetual succession and a common seal, with power to acquire or hold property both movable and immovable and shall by the said name sue and be sued.
23. President an Vice-President of State Council
(1) The President and
Vice-President of the State Council shall be elected by the members from
amongst themselves :
Provided that for five years
from the first constitution of the State Council the President shall be a
person nominated by the State Government who shall hold office at the pleasure
of the State Government and where he is not already a member, shall be a member
of the State Council in addition to the members referred to in section 19 or
section 21, as the case may be.
(2) 47[The
president] or Vice-President shall hold office as such for a term not exceeding
five years and not extending beyond the expiry of his term as a member of the
State Council, but subject to his being a member of the State Council, he shall
be eligible for re-election :
48[Provided that if his term of office as a member of the State Council expires before the expiry of the full term of which he is elected a President or Vice-President, he shall, if he is re-elected or re-nominated as a member of the State Council, continue to hold office for the full term for which is elected as President or Vice-President.]
24. 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 State Government whose decision shall be final.
25. Term of office and casual vacancies
(1) Subject to the
provisions of this section, a nominated or elected member, other than a
nominated President, 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 be deemed to have vacated his seat if he is absent without
excuse sufficient in the opinion of the State Council from three consecutive
meetings of the State Council, or if he is elected under clause (a) or (c) of
section 19 or 21, if he ceases to be a registered pharmacist or ceases to be a
member of the Medical Council or Council of Medical Registration of the State,
as the case may be.
(4) A casual vacancy in
the State Council shall be filled 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
State 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 State Council.
(6) Members of the State Council shall be eligible for re-nomination or re-election.
26. Staff, remuneration and allowances
The State Council may,
with the previous sanction of the State Government,-
(a) appoint a
Registrar Who shall also act as Secretary and, if so decided by the State
Council, Treasurer, of the State Council ;
(b) appoint such other
officers and servants as may be required to enable the State Council to carry
out its functions under this Act;
(c) fix the salaries
and allowances and other conditions of service of the Secretary and other
officers and servants of the State Council ;
(d) fix the rates of
allowances payable to members of the State Council :
Provided that for the first four years from the first constitution of the State Council, the Registrar shall be a person appointed by the State Government; who shall hold office during the pleasure of the State Government.
26A. Inspection
(1) A State Council may, with the previous sanction of the State Government, appoint Inspectors having the prescribed qualifications for the purposes of Chapters III, IV and V of this Act.
(2) An Inspect may-
(a) inspect any premises where drugs are compounded or dispensed and submit a written report to the Registrar ;
(b) enquire whether a person who is engaged in compounding or dispensing of drugs is a registered pharmacist ;
(c) investigate any complaint made in writing in respect of any contravention of this Act and report to the Registrar ;
(d) institute prosecution under the order of the Executive Committee of the State Council ;
(e) exercise such other powers as may be necessary for carrying out the purposes of Chapters III, IV and V of this Act or any rules made thereunder.
(3) Any person willfully obstructing an Inspector in the exercise of the powers conferred on him by or under this Act or any rules made thereunder shall be punishable with imprisonment for a term which may extend to six months, or with fine not exceeding one thousand rupees, or with both.
(4) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of Indian Penal Code.]
27. The Executive Committee
(1) The State Council
shall, as soon as may be, constitute an Executive Committee consisting of the
President (who shall be Chairman of the Executive Committee) and
Vice-President, ex officio, and such number of other members elected by the
State Council from amongst themselves as may be prescribed.
(2) A member of the
Executive Committee shall hold office as such until the expiry of his term of
office as member of the State Council, but, subject to his being a member of
the State Council, he shall be eligible for re-election.
(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.
28. Information to be furnished
(1) The State Council
shall furnish such reports, copies of its minutes and of the minutes of the
Executive Committee, and abstracts of its accounts to the State Government as
the State Government may from time to time require and copies thereof shall be
sent to the Central Council.
(2) The State Government may publish, in such manner as it may think fit, any report, copy, abstract or other information furnished to it under this section.
Chapter IV - Registration Of Pharmacists
29. Preparation and maintenance register
(1) As soon as may be
after this Chapter has taken effect in any State, the State Government shall
cause to be prepared in the manner hereinafter provided a register of
pharmacists for the State.
(2) The State Council
shall as soon as possible after it is constituted assume the duty of
maintaining the register in accordance with the provisions of this Act.
(3) The register shall
include the following particulars, namely :-
(a) the full name and
residential address of the registered person ;
(b) the date of his
first admission to the register ;
(c) his qualifications
for registration ;
(d) his professional address, and if he is
employed by any person, the name of such person;
(e) such further particulars as may be prescribed.
30. Preparation of first register
(1) For the purpose of
preparing the first register, the State Government shall by notification in the
Official Gazette constitute a Registration Tribunal consist the Registration
Tribunal.
(2) The State
Government shall, by the same or a like notification, appoint a date on or
before which applications for registration, which shall be accompanied by the
prescribed fee, shall be made to the Registration Tribunal.
(3) The Registration
Tribunal shall examine every application received on or before the appointed
date, and if it is satisfied that the applicant is qualified for registration
under section 31, shall direct the entry of the name of the applicant on the
register.
(4) The first register
so prepared shall thereafter be published in such manner as the State
Government may direct, and any person aggrieved by a decision of the
registration Tribunal expressed or implied in the register as so published may,
within sixty days from the date of such publication, appeal to an authority
appointed by the State Government in this behalf by notification in the
Official Gazette.
(5) The Registrar shall
amend the register in accordance with the decisions of the authority appointed
under sub-section (4) and shall thereupon issue to every person whose name is
entered in the register a certificate of registration in the prescribed form.
(6) Upon the constitution of the State Council, the register shall be given into its custody, and the State Government may direct that all or any specified part of the application fees for registration in the first register shall be paid to the credit of the State Council.
31. Qualifications for entry on first register
50[A person who has
attained the age of eighteen years shall be entitled] on payment of the
prescribed fee to have his name entered in the first register if he resides, or
carries on the business or profession of pharmacy, in the State and if he-
(a) holds a degree or
diploma in pharmacy or pharmaceutical chemistry or a chemist and druggist
diploma of an Indian University or a State Government, as the case may be, or a
prescribed qualification granted by an authority outside 51[***]
India, or
(b) holds a degree of
an Indian University other than a degree in pharmacy or pharmaceutical
chemistry, and has been engaged in the compounding of drugs in a hospital or
dispensary or other place in which drugs are regularly dispensed on
prescriptions of medical practitioners for a total period of not less than
three years, or
(c) has passed an
examination recognized as adequate by the State Government of compounds or
dispensers, or
(d) has been engaged in the compounding of drugs in a hospital or dispensary or other place in which drugs are regularly dispensed on prescriptions of medical practitioners for a total period of not less than five years prior to the date notified under sub-section (2) of section 30.
32. Qualifications for subsequent registration
(1) After the date
appointed under sub-section (2) of section 30 and before the Education
Regulations have, by or under section 11, taken effect in the State, 52[a
person who has attained the age of eighteen years shall on payment of the
prescribed fee] be entitled to have his name entered in the register if he
resides or caries on the business or profession of pharmacy in the State and if
he-
(a) satisfied the conditions prescribed with
the prior approval of the Central Council, or where no conditions have been
prescribed, the conditions entitling a person to have his name entered on the
first register as set out in section 31, or
(b) is a registered
pharmacist in another State, or
(c) possesses a qualification
approved under section 14 :
Provided that no person shall
be entitled 53[under clause (a) or clause (c)] to have his name
entered on the register unless he has passed a matriculation examination or an
examination prescribed as being equivalent to a matriculation examination;
(2) After the Education Regulations have by or under section 11 taken effect in the State, a person shall on payment of the prescribed free be entitled to have his name entered on the register if he has attained the age of 54[eighteen years], if he has passed an approved examination or possesses a qualification approved under section 14 55[or is a registered pharmacist in another State].
32A. Special provisions for registration certain persons
(1) Notwithstanding
anything contained in section 32, a State Council may also permit to be entered
on the register-
(a) the names of displaced persons who have
been carrying on the business or profession of pharmacy as their principal
means of livelihood from a date prior to the 4th day of March, 1948, and who
satisfy the conditions for registration as set out in section 31 ;
(b) the names of citizens of India who have
been carrying on the business or profession of pharmacy in any country outside
India and who satisfy the conditions for registration as set out in section 31
;
(c) the names of person who resided in an area
which has subsequently become a territory of India and who satisfy the
conditions for registration as set out in section 31;
(d) the names of persons who carry on the
business or profession of pharmacy in the State, and
(i) would have satisfied the conditions for
registration as set out in section 31, on the date appointed under sub-section
(2) of section 30, had they applied for registration on or before that date ;
or
(ii) have been engaged in the compounding of
drugs in a hospital or dispensary or other place in which drugs are regularly
dispensed on prescriptions of medical practitioners as defined in sub-clause
(iii) of clause (f) of section 2 for a total period of not less than five years
prior to the date appointed under sub-section (2) of section 30 ;
(e) the names of persons who were qualified to
be entered in the register for a State as it existed immediately before the 1st
day of November, 1956, but who, by reason of the area in which they resided or
carried on their business or profession of pharmacy having become part of a
State as formed on that date, are not qualified to be entered in the register
for the letter State only by reason of their not having passed either a
matriculation examination or an examination prescribed as being equivalent to a
matriculation examination or an approved examination or of their not possessing
a qualification approved under section 14 ;
(f) the names of persons
�
(i) who were included in the register for a
State as it existed immediately before the 1st day of November, 1956 ;
and
(ii) who, by reason of the area in which they
resided or carried on their business or profession of pharmacy having become part
of a State as formed on that date, reside or carry on such business or
profession in the latter State ;
(g) the names of persons who reside or carry
on their business or profession of pharmacy in an area in which this Chapter takes
effect after the commencement of the Pharmacy (Amendment) Act, 1959, and who
satisfy the conditions for registration as set out in section 31.
(2) Any person who
desires his name to be entered in the register in pursuance of sub-section (1)
shall make an application in that behalf to the State Council, and such
application shall be accompanied by the prescribed fee.
(3) The provisions of
this section shall remain in operation for a period of two years from the
commencement of the pharmacy (Amendment) Act, 1959 :
Provided that the State
Government may, by notification in the Official Gazette, extend the period of
operation of clause (a), clause (b) or clause (c) of sub-section (1) by such
further period or periods, not exceeding two years in the aggregate, as may be
specified in the notification.
Explanation 1.- For the purposes of
clause (a) of sub-section (1) "displaced person" means any person who
on account of the setting up of the Dominions of India and Pakistan or on
account of civil disturbances or the fear of such disturbances in any area now
forming part of Pakistan, has, on or after the 1st day of march, 1947, left or
been displaced from his place or residence in such area and who has since then
been residing in India.
Explanation 2.- For the purpose of clause (b), (c) and (g) of sub-section (1), the period referred to in clause (d) of section 31 shall be computed with reference to the date of application.]
32B. Special provisions for registration of displaced persons, repatriates and other persons
(1) Notwithstanding
anything contained in section 32 or section 32A, a State Council may permit to
be entered on the register-
(a) the names of persons who posses the
qualification specified in clause(a)or clause (c) of section 31 and who were
eligible for registration between the closing of the First Register and
the date when the Education Regulations came into effect;
(b) the name of persons approved as
"qualified persons" before the 31st December, 1969 for compounding or
dispensing of medicines under the Drugs and Cosmetics Act, 1940 and the rules
made thereunder;
(c) the names of displaced persons or
repatriates who were carrying on business or profession of pharmacy as their
principal means of livelihood in any country outside India for a total period
of not less than five years from a date prior to the date of application for
registration.
Explanation. � In this sub-section,-
(i) "displaced
person" means any person who, on account of civil disturbances or the fear
of such disturbances in any area now forming part of Bangladesh, has, after the
14th day of April, 1957 but before the 25th day of March, 1971, left, or has
been displaced from, his place of residence in such area and who has since then
been residing in India;
(ii)
"repatriate" means any person of Indian origin who, on account of
civil disturbances or the fear of such disturbances in any area now forming
part of Burma, Sri Lanka or Uganda, or any other country has, after the 14th
day of April, 1957, left or has been displaced from, his place of residence in
such area and who has since then been residing in India.
(2) The provisions of clause (a) and (b) of sub-section (1) shall remain in operation for a period of two years from the commencement of the Pharmacy (Amendment) Act, 1976.]
33. Scrutiny of applications for registration
(1) After the date
appointed under sub-section (2) of section 30, applications for registration
shall be addressed to the Registrar of the State Council and shall be
accompanied by the prescribed fee.
(2) If upon such
application the Registrar is of opinion that the applicant is entitled to have
his name entered in the register under the provisions of this Act for the time
being applicable, he shall enter the name of the applicant in the register :
Provided that no person whose
name has under the provisions of this Act been removed from the register of any
State shall be entitled to have his name entered in the register except with
the approval of the State Council recorded at a meeting.
(3) Any person whose
application for registration is rejected by the Registrar, may within three
months from the date of such rejection appeal to the State Council, and the
decision of the State Council thereon shall be final.
(4) Upon entry in the register of a name under this section, the Registrar shall issue a certificate of registration in the prescribed form.58
34. Renewal fees
(1) The State
Government may, by notification in the Official Gazette, direct that for the
retention of a name on the register after the 31st day of December of the year
following the year in which the name is first entered on the register, there
shall be paid annually to the State Council such renewal fee as may be prescribed,
and where such direction has been made, such renewal fee shall be due to be
paid before the first day of April of the year to which it relates.
(2) Where a renewal
fee is not paid by the due date, the Registrar shall removed the name of the
defaulter from the register :
Provided that a name so removed
may be restored to the register on such conditions as may be prescribed.
(3) On payment of the renewal fee, the Registrar shall 59[issue a receipt therefor and such receipt shall be proof of renewal of registration].
35. Entry of additional qualifications
A registered pharmacist shall on payment of the prescribed fee by entitled to have entered in the register any further degrees or diplomas in pharmacy or pharmaceutical chemistry which he any obtain.
36. Removal from register
(1) Subject to the
provisions of this section, the Executive Committee may order that the name of
a registered pharmacist shall be removed from the register, where it is
satisfied, after giving him a reasonable opportunity of being heard and after
such further inquiry, if any, as it any think fit to make,-
(i) that his name has been entered in the
register by error or on account of misrepresentation or suppression of a
material fact, or
(ii) that he has been convicted of any offence
or has been guilty of any infamous conduct in any professional respect which in
the opinion of the Executive Committee, renders him unfit to be kept in the
register, or
(iii) that a person employed by him for the
purpose of his business of pharmacy 60[or employed to work
under him in connection with any business of pharmacy] has been convicted of
any such offence or has been guilty of any such infamous conduct as would, if
such person were a registered pharmacist, render him liable to have his name
removed from the register under clause (ii) :
Provided that no such order
shall be made under clause (iii) unless the Executive committee is satisfied-
(a) that the
registered pharmacist has at any time during the period of twelve months
immediately preceding the date on which the offence or infamous conduct took
place committed a similar offence or been guilty of similar infamous conduct,
or
(b) that the
registered pharmacist has at any time during the period of twelve months
immediately preceding the date on which the offence or infamous conduct took
place committed a similar offence or been guilty of similar infamous conduct,
or
(c) that any person
employed by the registered pharmacist for the purposes of his business of
pharmacy 61[or employed to work under him in connection with any
business of pharmacy] has at any time during the period of twelve months
immediately preceding the date on which the offence or infamous conduct took
place, committed a similar offence of been guilty of similar infamous conduct,
and that the registered pharmacist had, or reasonably ought to have had,
knowledge of such previous offence or infamous conduct, or
(d) that where the
offence or infamous conduct continued over a period, the registered pharmacist
had, or reasonably ought to have had, knowledge of the continuing offence or
infamous conduct, or
(e) that where the
offence is an offence under the 62[Drugs and Cosmetics Act 1940],
the registered pharmacist has not used due diligence in enforcing compliance
with the provisions of that Act in his place of business and by persons
employed by him 63[or by persons under his control].
(2) An order under
sub-section (1) may direct that the person whose name is ordered to be removed
from the register shall be ineligible for registration in the State under this
Act either permanently or for such period as may be specified.
(3) An order under
sub-section (1) may subject to confirmation by the State Council and shall not
take effect until the expiry of three months from the date of such
confirmation.
(4) A person aggrieved
by an order under sub-section (1) which has been confirmed by the State Council
may, within thirty days from the communication to him of such confirmation, appeal
to the State Government, and the order of the State Government upon such appeal
shall be final.
(5) A person whose name has been removed from the register under this section or under sub-section (2) of section 34 shall forth surrender his certificate of registration to the Registrar, and the name so removed shall be published in the Official Gazette.
37. Restoration to register
The State Council may
at any time for reasons appearing to it sufficient order that upon payment of the
prescribed fee the name of a person removed from the register shall be restored
thereto :
Provide that where an appeal against such removal has been rejected by the State Government, an order under this section shall not take effect until it has been confirmed by the State Government.
38. Bar of other jurisdiction.
No order refusing to enter a name on the register or removing a name from the register shall be called in question in any Court.
39. Issue of duplicate certificates of registration
Where it is shown to the satisfaction of the Registrar that a certificate of registration has been lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a duplicate certificate in the prescribed form.
40. Printing of register and evidentiary value of entries therein
(1) As soon as may be
after the 1st day of April Subsequent to the commencement of the Pharmacy
(Amendment) Act, 1959, the Register shall cause to be printed copies of the register
as it stood on the said date.
(2) The Register shall
thereafter cause to be printed as soon as ma be after the 1st day of April in
each year copies of the annual supplement to the register referred to in
sub-section (1), showing all additions to, and other amendments, in, the said
register.
(3) (a) The register
shall be brought up-to-date three months before ordinary electrons to the State
Council are held and copies of this register shall be printed.
(b) The provisions of sub-section (2) shall
apply to the register as so printed as they apply to the register referred to
in sub-section (1).
(4) The copies referred to in sub-section (1) or sub-section (2) or sub-section (3) shall be made available to a persons applying therefor on payment of the prescribed supplement, as the case may be, the persons whose names are entered therein were registered pharmacists.]
Chapter V - Miscellaneous
41. Penalty for falsely claiming registered
(1) If any person
whose name is not for the time being entered in the register of the State
Falsely pretends that it is so entered or uses in connection with his name or
title any words or letters reasonably calculated to suggest that his name is so
entered, he shall be punishable on first conviction with fine which may extend
to five hundred rupees and on any subsequent conviction with imprisonment
extending to six months or with fine not exceeding one thousand rupees or with
both :
Provided that it shall be a
defense to show that the name of the accused is entered in the register of
another State and that at the time of the alleged offence under this section an
application for registration in the State had been made.
(2) For the purpose of
this section-
(a) it shall be immaterial whether or not any person
is deceived by such pretence or use as aforesaid ;
(b) the use of the description
"pharmacist", "chemist", "druggist",
"pharmaceutist", "dispenser", "dispensing
chemist", or any combination of such words 65[or of any such
word with any other word] shall be deemed to be reasonably calculated to
suggest that the person using such description is a person whose name is for
the time being entered in the register of the State
(c) the onus of proving that the name of a
person is for the time being entered in the register of a State shall be on him
who asserts it.
(3) Cognizance of an offence punishable under this section shall not be taken except upon complaint made by order of the State Government or 65[any officer authorized in this behalf by the State Government or by order of] the Executive Committee of the State Council.
42. Dispensing unregistered sons
(1) On or after such
date as the State Government may be 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 66[***] :
Provided that this sub-section
shall not apply to the dispensing by a medical practitioner of medicine for his
own patients, or with the general or special sanction of the State Government,
for the patients of another medical practitioner :
67[Provided further
that where no such date is appointed by the Government of a State, this
sub-section shall take effect in that State on the expiry of a period of 68[eight
years] from the commencement of the Pharmacy (Amendment) Act, 1976.
(2) Whoever
contravenes the provisions of sub-section (1) shall be punishable with
imprisonment for a term which may extend to six months, or with fine not
exceeding one thousand rupees or with both.
(3) Cognizance of an offence punishable under this section shall not be taken except upon complaint made by 69[order of the State Government or any officer authorized in this behalf by the State Government, or by order of the Executive Committee of the State Council.]
43. Failure to surrender certificate of registration
(1) If any person
whose name has been removed from the register fails without sufficient cause
forthwith to surrender his certificate of registration, he shall be punishable
with fine which may extend to fifty rupees.
(2) cognizance of an offence punishable under this section shall not be taken except upon complaint made by an order of the Executive Committee.
44. Payment of part of fees to Central Council
The State Council shall before the end of June in each year pay to the Central Council a sum equivalent to one-fourth of the total fees realized by the State Council under this Act during the period of twelve months ending on the 31st day of March of that year.
45. Appointment of Commission of Enquiry
(1) Whenever it
appears to the Central Government that the Central Council is not complying
with any of the provisions of this Act, the Central Government may appoint a
Commission of Enquiry consisting of three persons, two of whom shall be
appointed by the Central Government, one being the Judge of a High Court, and
one by the Council ; and refer to it the matters on which the enquiry is to be
made.
(2) The commission shall
proceed to enquire in such manner as it may deem fit and report to the Central
Government on the matters referred to it together with such remedies, if any,
as the Commission may like to recommend.
(3) The Central
Government may accept the report or remit the same to the Commission for
modification or reconsideration.
(4) After the report
is finally accepted, the Central Government may order the Central Council to
adopt the remedies so recommended within such time as may be specified in the
order and if the Council fails to comply within the time so specified, the
Central Government may pass such order or take such action as may be necessary
to give effect to the recommendations of the Commission.
(5) Whenever it appears to the State Government that the State Council is not complying with any of the provisions of this Act, the State Government may likewise appoint a similar Commission of Enquiry and pass such order or take such action as specified in sub-section (3) and (4).
46. Power to make rules
(1) The State
Government may, by notification in the Official Gazette, make rules to carry
out the purposes of Chapters, III, IV, and V.
(2) In particular and
without prejudice to the generality of the foregoing power, such rules may
provide for-
(a) the management of the property of the
State Council, and the maintenance and audit of its accounts;
(b) the manner in
which elections under Chapter III shall be conducted;
(c) the summoning and holding of meeting of
the State Council, the times and places at which such meetings shall be held,
the conduct of business thereat and the number of members necessary
to form a quorum ;
(d) the power and duties of the President and
Vice-President of the State Council ;
(e) the constitution and functions of the
Executive Committee, the summoning and holding of meetings thereof, the times
and places at which such meetings shall be held, and the number of members
necessary to constitute a quorum ;
(f) the qualifications, the term of office and
the powers and duties of the Registrar and other officers and servants of the
State Council, including the amount and nature of the security to be given by
the Treasurer ;
70[(ff) the
qualifications powers and duties of an Inspector;]
(g) the particulars to be stated, and the
proof of qualifications to be given, in applications for registration under
Chapter IV;
(h) the conditions for
registration under sub-section (1) of section 32;
(i) fees payable under Chapter IV and the
charge for supplying copes of the register;
(j) the form of certificates of registration 71[***]
(k) the maintenance of
a register;
72[(kk) the conduct of pharmacists and their
duties in relation to medical practitioners, the public and the profession of pharmacy;]
(l) any other matter which is to be or may be
prescribed under Chapters III, IV and V except sub-section (1), (2), (3) and
(4) of section 45.
73[(3) Every rule made by the State Government under this section shall be laid as soon as may be after it is made, before the State Legislature.]
Foot Notes
1. The Act has been
extended to Dadra and Nagar Haveli by Reg. 6 of 1963; to Pondicherry by Reg. 7
of 1963, to Goa, Daman and Diu by Reg. 11 of 1963 and to Lakshadweep by Reg. 8
of 1955.
The Act has been
modified in its application to the States of Maharashtra, Gujarat, Mysore and
Rajasthan by S.O. 2814, dated 14th. August, 1964; see GOI, 1964, Extraordinary,
Pt. II Section 3(ii), p. 717.
The Act has been
modified in its application to the States of the Tamil Nadu by the Madras
Adaptation of Laws (Central Acts) Order, 1957 and the Madras Adaptation of Laws
(Central Acts) Order, 1961.
2. Substituted by Act
No. 24 of 1959, for sub-section (2), w.e.f. 1st. May, 1960.
3. The words "not
later than three years from the commencement of this Act," omitted by Act
No. 24 of 1959, w.e.f. 1st. May, 1960.
4. Inserted by Act No.
24 of 1959, w.e.f. 1st. May, 1960.
5. Substituted by Act
No. 70 of 1976, for clauses (c), (d) and (e), w.e.f. 1st. September, 1976.
6. Substituted by Act
No. 24 of 1959, for the former clause (f), w.e.f. 1st. May, 1960.
7. Substituted by Act
No. 70 of 1976, for the former clauses (h), (i) and, w.e.f. 1st. September,
1976.
8. Earlier clause (k)
omitted by Act No. 24 of 1959, w.e.f. 1st. May, 1960.
9. Substituted by Act
No. 70 of 1976, for the words "authority known as the Inter-University
Board", w.e.f. 1st. September, 1976.
10. Substituted by Act
No. 70 of 1976, for the words "three", w.e.f. 1st. September, 1976.
11. Inserted by Act
No. 24 of 1959, w.e.f. 1st. May, 1960.
12. Substituted by Act
No. 70 of 1976, for the former clause (f), w.e.f. 1st. September, 1976.
13. The words and
letter "Part A" omitted by the Adaptation of Laws (No. 3) Order,
1956.
14. Inserted by Act
No. 70 of 1976, w.e.f. 1st. September, 1976.
15. Substituted by the
Adaptation of Laws (No. 3) order, 1956, for the words "each such".
16. The words
"either a registered medical practitioner or" omitted by Act No. 70
of 1976, w.e.f. 1st. September, 1976.
17. Substituted by Act
No. 70 of 1976, for the former proviso, w.e.f. 1st. September, 1976.
18. Explanation
omitted by Act No. 70 of 1976, w.e.f. 1st. September, 1976.
19. Proviso omitted by
Act No. 24 of 1959, w.e.f. 1st. May, 1960.
20 Substituted by Act
No. 70 of 1976, for the words "An elected President", w.e.f. 1st.
September, 1976.
21. Inserted by Act
No. 70 of 1976, w.e.f. 1st. September, 1976.
22. The words,
"other than a nominated President" omitted by Act No. 70 of 1976,
w.e.f. 1st. September, 1976.
23. Substituted by Act
No. 70 of 1976, w.e.f. 1st. September, 1976.
24. Inserted by Act
No. 70 of 1976, w.e.f. 1st. September, 1976.
25. The words "of
India" omitted by the A. O. 1950.
26. Substituted by the
Adaptation of Laws (No. 3) Order, 1956, for the words "Part A States and
Part C States" which had been Substituted by the A.O. 1950, for the words
"Provinces of India".
27. Inserted by Act
No. 70 of 1976, w.e.f. 1st. September, 1976.
28. Substituted by the
A.O. 1950, for the words "British subject of Indian domicile".
29. Inserted by Act
No. 70 of 1976, w.e.f. 1st. September, 1976.
30. The Words
"together with an abstract of its accounts" omitted by Act No. 70 of
1976, w.e.f. 1st. September, 1976.
31. Substituted
by Act No. 70 of 1976, for the words "copy or abstract", w.e.f. 1st.
September, 1976.
32. Inserted by
Act No. 70 of 1976, w.e.f. 1st. September, 1976.
33. Inserted by Act
No. 4 of 1986 (date to be notified).
34. Substituted by Act
No. 70 of 1976, for earlier clause (a), w.e.f. 1st. September, 1976.
35. Substituted by Act
No. 70 of 1976, for the words "secretary", w.e.f. 1st. September,
1976.
36. Substituted by Act
No. 70 of 1976, for the words "Treasurer", w.e.f. 1st. September,
1976.
37. Inserted by Act
No. 70 of 1976, w.e.f. 1st. September, 1976.
38. Substituted by Act
No. 70 of 1976, for the words "two", w.e.f. 1st. September, 1976.
39. Substituted by Act
No. 70 of 1976, for the words "members of the pharmaceutical
profession", w.e.f. 1st. September, 1976.
40. Inserted by Act
No. 24 of 1959, w.e.f. 1st. May, 1960.
41. Substituted by Act
No. 70 of 1976, for the words and figures "Drugs Act, 1940", w.e.f.
1st. September, 1976.
42. Substituted by Act
No. 70 of 1976, for the words "member of the pharmaceutical
profession", w.e.f. 1st. September, 1976.
43. Inserted by Act
No. 24 of 1959, w.e.f. 1st. May, 1960.
44. Substituted by Act
No. 70 of 1976, for the words and figures "Drugs Act, 1940", w.e.f.
1st. September, 1976.
45. Substituted by Act
No. 70 of 1976, for the words "at least half", w.e.f. 1st. September,
1976.
46. Substituted by Act
No. 70 of 1976, for the words "member of the pharmaceutical
profession", w.e.f. 1st. September, 1976.
47. Substituted by Act
No. 70 of 1976, for the words "An elected President", w.e.f. 1st.
September, 1976.
48. Inserted by Act
No. 70 of 1976, w.e.f. 1st. September, 1976.
49. Inserted by Act
No. 70 of 1976, w.e.f. 1st. September, 1976.
50. Substituted by Act
No. 24 of 1959, for the words "A person shall be entitled", w.e.f.
1st. May, 1960.
51. The words
"the provinces of" omitted by the A.O. 1950.
52. Substituted by Act
No. 24 of 1959, for the words "a person shall on payment of the prescribed
fee", w.e.f. 1st. May, 1960.
53. Substituted by Act
No. 24 of 1959, for the words "under this sub-section", w.e.f. 1st.
May, 1960.
54. Substituted by Act
No. 24 of 1959, for the words "twenty-one-years", w.e.f. 1st. May,
1960.
55. Inserted by Act
No. 24 of 1959, w.e.f. 1st. May, 1960.
56. Inserted by Act
No. 24 of 1959, w.e.f. 1st. May, 1960.
57. Inserted by Act
No. 70 of 1976, w.e.f 1st. September, 1976.
58. In its application
to Andhra Pradesh, section 33A has been inserted by the Andhra Adaptation of
Laws (Second Amendment) Order, 1954.
In its application to
the State of Madras, section 33A has been inserted and later substituted by the
Adaptation of Laws Order, 1954 and the Madras (Added Territories) Adaptation of
Laws Order, 1961 respectively.
59. Substituted by Act
No. 24 of 1959, for the words "in the prescribed manner endorse the
certificate of registration accordingly", w.e.f. 1st. May, 1960.
60. Inserted by Act
No. 24 of 1959, w.e.f. 1st. May, 1960.
61. Inserted by Act
No. 24 of 1959, w.e.f. 1st. May, 1960.
62. Substituted by Act
No. 70 of 1976, for the words and figures "Drugs Act, 1940", w.e.f.
1st. September, 1976.
63. Inserted by Act
No. 24 of 1959, w.e.f. 1st. May, 1960.
64. Substituted by Act
No. 24 of 1959, for earlier section 40, w.e.f. 1st. May, 1960.
65. Inserted by Act
No. 24 of 1959, w.e.f. 1st. May, 1960.
66. The words
"except under the direct and personal supervision of a registered
pharmacist", omitted by Act No. 24 of 1959, w.e.f. 1st. May, 1960.
67. Inserted by Act
No. 70 of 1976, w.e.f. 1st. September, 1976.
68. Substituted by Act
No. 22 of 1982, for the words "five years", w.r.e.f. 1st. September,
1978.
69. Substituted. by
Act No. 24 of 1959, for the words "an order of the State Government",
w.e.f. 1st. May, 1960.
70. Inserted by Act
No. 70 of 1976, w.e.f. 1st. September, 1976.
71. The words
"are the manner of endorsement of renewals thereof" omitted by Act
No. 24 of 1959, w.e.f. 1st. May, 1960.
72. Inserted by Act No.
24 of 1959, w.e.f. 1st. May, 1960.
73. Inserted by Act No. 4 of 1986, w.e.f. 15th. May, 1986