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THE PHARMACY ACT, 1948

Title : THE PHARMACY ACT, 1948

Year : 1948



The central Government shall as soon as may be constitute a central council consisting of the following member namely.-

(a) Six member among whom there shall be at least one teacher of each of the subjects pharmaceutical chemistry pharmacy pharmacology elected by the soon { Ins. by s.2,ibid.(w.e.f.1-5-1960).} [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 { Subs, by Act 70 of 1976,section.3, "authority known as the Inter-University Board" (w.e.f.1-9-1976).} [four] shall be person possessing a degree or diploma in 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 attended any meeting a person authorised by him in writing to do so;

{ Ins by Act 24 of 1959,section.4 (w.e.f.1-5-1960)} 
 
(dd) The Drugs controller India, ex officio or if he is unable to attended any meeting a person authorised by him in writing to do so;]

(e) The Director of the central Drugs Laboratory ex officio;
{ Subs by Act 70 of 1976,section.3, for clause (f) (w.e.f.1-9-1976)}
  
(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 { The words "part A" omitted by the Adaptation of Laws (No.3) order 1956.}state elected { Ins by Act 70 of 1976,section.3 (w.e.f.1-9-1976)} [ from amongst themselves ] by the members of each state Council, who shall be a registered pharmacist;

(h) One member to represent each { The words "part A" omitted by the Adaptation of Laws (No.3) order 1956.} state nominated by { Subs by the Adaptation of Law (No.3) order, 1956 "each such"} [the] state Government who shall be { The words "either a registered medical practitioner or "omitted by Act 70 of 1976,section.3.(w.e.f.1-9-}1976).a registered pharmacist;
{ Substitute by section.3 ibid 'for the former proviso (w.e.f.1-5-1976).}
 
provided
that for five years from the date on which the pharmacy (Amendment) Act 196 (70 of 1976) comes into force the Government of each Union territory shall instead of electing a member under clause (g) nominate one member begin a person eligible registration under section 31, to represent that territory.
{ Explanation omitted by section.3 ibid (w.e.f.1-9-1976).}



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 shall by the said name sue and be sued.



(1) The president and vice -president of the central council shall be elected by the members of the said council from among themselves.

{ Proviso omitted by Act 24 of 1959 section.5 (w.e.f.1-5-1960).}

(2).{ Substitute by Act 70 of 1976 section.4 for "An elected president  (w.e.f.1-9-1976).} [ 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 central council but subject to his being a member of the central council he shall be eligible for re-election;

{ Added by section.4 ibid (w.e.f.1-9-1976).} 

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.



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.



(1) subject to the provisions of this section a nominated or elected member { The words other than nominated president "omitted ibid., s.5 (w.e.f.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 which ever is longer.

(2) A nominated or elected member may at any time resign his member ship 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 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) 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 exercise of any vacancy in or any defect in the constitution of the central council.

(6) Member of the central council shall be eligible for re-nomination or re-election.

{ Substitute by Act 70 of 1976, s.6, for s,8(w.e.f.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 the council act as the Treasured 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 officer or servants 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.]



(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 members.

(2) A member of the Executive Committee constitute an 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 begin a member of the central council he shall be eligible for -election.

(3) In addition to the powers and duties conferred and imposed upon it by this Act the Executive committees shall exercise and discharge such powers and duties as may be prescribed.
 
{ Ins ,by s.7, ibid. (w.e.f., 1-9-1976).} 

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 period not exceeding five years as it may specify and may co-opt for like period person who are not member of the council as member of such committees.

(2) The renumeration 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.]



(1) Subject to the provisions of this section the central council may subject to the approval of that 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 subject of examination and the standards therein to be attained;

(d) Any other conditions of admission to examination.

(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 approved under sub-section (I) 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 recommended to the central council such amendment thereof as it may think fit.



At any time after the constitution of the state Council under chapter III and after consultation with the state council the state Government may be 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 constitutions of the state council.

Last updated on August, 2016

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