THE PHARMACY ACT, 1948.ACT NO. 8 OF 1948 1*

[4th March, 1948.]


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;



CHAP

INTRODUCTORY


CHAPTER I

INTRODUCTORY


1.Short title extent and commencement.


1. Short title extent and commencement. (1) This Act may be called the Pharmacy Act, 1948.2[(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 3 * * * as the
State Government may, by notification in the Official Gazette, appoint in this behalf :

3[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.]



2.Interpretation


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;

---------------------------------------------------------------------

1 The Act has been extended to Goa, Daman and Diu by Regulation
11 of 1963, s. 3 and Sch., the whole of the Union territory of
Lakshadweep by Regulation 8 of 1965, s. 3 and Sch. (w.e.f. 1-10-1967).
and Dadra and Nagar Haveli by Regulation 6 of 1963. s. 2 and Sch. I
(w.e.f. 1-7-1965).

To the States of Maharashtra Gujarat, Mysore and Rajasthan, the
Act applies as adapted and modified by S.O. 2814, dated 14-8-1964, Gazette of India, Extraordinary, Pt. II, Sec. 3(ii), p. 717 (w.e.f.
1-9-1969) and comes into force in pondichery with modification by
Regulation 7 of 1963, s. 3 and Sch. I (w.e.f. 1-1-1963).
The Act has been amended in its application to Madras by Madras
A.O. 1961 and to Gujarat by Gujarat Act 14 of 1970.

2 Subs. by Act 24 of 1959, s. 2, for sub-section (2) (w.e.f.
1-5-1960).

3 The words "not later than three Years from the commencement of this Act", omitted and the proviso ins. by s. 2, ibid. (w. e. f. 1-5-
1960).

--------------------------------------------------------------------


40


1[(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 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 Grants Commission Act, 1956 (3 of 1956), and includes such other institutions, being institutions established by or under a Central Act, as the Central Government may, by noti-
fication in the Official Gazette, specify in this behalf;]


2[(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 (7 of 1916), or specified in the Schedules to the Indian Medical Council Act, 1956.(102 of 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 (16 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;

3[(h) "register" means a register of pharmacists prepared and maintained under Chapter IV;


---------------------------------------------------------------------
1 Subs, by Act 70 of 1976, s. 2, for cls. (c), (d) and (e)
(w.e.f. 1-9-1976).

2 Subs. by Act 24 of 1959, s.3, for cl. (f) (w. e. f. 1-5-
1960).

3 Subs by Act 70 of 1976, s. 2, for cls. (h),(i) and (j)
(W.e.f.8-9-1976),

---------------------------------------------------------------------


41.(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 the University Grants Commission Act,1956(3 of 1956.