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THE PHARMACY ACT, 1948

Title : THE PHARMACY ACT, 1948

Year : 1948



(1) Any authority in state.{ The word " of India" Omitted by the A.O.1950.} which conducts a course of study for pharmacists may apply to the central council for approval of the course and the central council if satisfied after such enquiry as it think fit to make that the said course of study to be an approved course for the purpose of admission to an approved examination for pharmacists.

(2) Any authority in a state.{ The word " of India" Omitted by the A.O.1950.} which hold an examinations 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 registrations as a pharmacist under this Act.

(3) Every authority in the state.{ The word " of India" Omitted by the A.O.1950.} 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 require to be undergone and generally as to the requires for such courses of study and examination.



(1) Where the Executive Committee reports to the Central Council that an approval course of study or an approved examination does not continue to be in conformity with the Educational 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 accorded 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 Government may think fit to make, the Council may declared 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.



The Central Council, if it is satisfied that any qualification in pharmacy granted by an authority outside the.{ Subs by the Adaptation of Law (No.3) order, 1956 for "part A states and part C state ' which had been Substitute by the A.O.1950, for provinces of India '.} [ 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 time declare that such qualification shall be deemed { Ins by Act 70 of 1976,s.3 (w.e.f.1-9-1976)} [ 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 { Subs by the A.O.1950, for "British subject of Indian domicile".} [citizen of India ] possessing such qualification shall be deemed to be qualified for registration unless by 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 practise the profession of pharmacy.



All declaration under section 12 section 13 or section 14 shall be made by resolution passed at a meetings of the central council and shall have effect as soon as they are published in the official Gazette.
 
{ Ins by Act 70 of 1976 s,9 (w.e.f.1-9-1976).} 

15A - The central Register

(1) The central council and shall cause to be maintained in the prescribed manner a register of pharmacists to be known as the central Register of each state contain the names of all persons for the time begin 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 April of each year and the Registered 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 duty of the Registrar of the central council to keep the central Register in accordance with the order 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 published document within the meaning of the Indian Evidence Act 1872 (1 of 1872) and may be proved by the production of a copy of the central Register and publish it in the Gazette of India.

15B - Registration in the central Register

The Registrar of the central council shall no receipt of the report of registration of a person in the register for the state enter his name in the central Register.]



(1) The Executive Committee may appoint such number of Inspector as it may deem requisite for purposes of this Chapter.
 
(2) An Inspector may-

(a) attend at any approved examination:

(b) Inspector any institution which provides an approved course of study:

(c) Inspected 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 too 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.



(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 { The words "together with an abstract of its accounts " omitted by Act 70 of 1976, s.10 (w.e.f.1-9-1976).} to the Central Government

(2) The Central Government may publish in such manner as it may think fit any report, { Substitute by s.10m, ibid, for "copy or abstract" (w.e.f.1-9-1976).} [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 authorised by him in this behalf and any expenditure incurred by him or any person so authorised 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 authorised 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 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 authorised by him in this behalf together with the audit report thereon shall be forward annually to the Central Council which shall forward the same with its comments to the Central Government.]



(1) The Central Council may, with the approval of the Central Government {Ins.by Act 4 of 1986, s.2 and the Such.(w.e.f.15-5-1986).} [ by notification in the Official Gazette,] make regulations consists with this Act to carry out the purpose of this Chapter.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for-
{Substitute by Act 70 of 1976, s.12, for cl.(a) (w.e.f.1-9-1976).}

(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 holdings of meetings of the central council the times and place 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 power and duties of the president and vice-president;

(f) The qualifications the term of office and the power and duties of the Substitute by Act 70 of 1976, s.12, for secretary"(w.e.f.1-9-1976 [ Registrar secretary ] Inspector and other officers and servant of the central council including the amount and the nature of the {.Substitute by, s.12, ibid., for "Treasurer"(w.e.f.1-9-1976).} [ Registrar or any other officer or servant.]

{ Ins ,by s.12, ibid. (w.e.f., 1-9-1976).}

[(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 regulation are made by the central council under this section the president may with the previous sanction of the central Government make such regulation under this section including those provided for the manner in which the first election of the central council shall be conducted as may be necessary for carrying in to effect the provisions of this chapter and any regulations so made may be altered or rescinded by the central council in exercise of its power under this section.

{ Ins, by Act 4 of 1986 s.2, Such. (w.e.f., 15-5-1986).}
 
(4) Every regulation made under this Act shall laid as soon as may be after it is made before each House or parliament ,while it is session for a total period of thirty days which may be comprised in one session or the successive session 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 from 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 regulations.]



Except where a joint 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 member elected from amongst themselves by registered pharmacists of the state.
 
(b) Five member of whom at least { Substitute by Act 70 of 1976, s.13, for two"(w.e.f.1-9-1976).} [ three] shall be person possessing a prescribed degree or diploma in pharmaceutical chemistry or.{ Substitute by s.13, ibid., for member of the pharmaceutical profession""(w.e.f.1-9-1976).} [ 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 Registrations of the state as the case may be;
(d) the chief administrative medical officer of the state ex officio or if he is unable attend any meeting a person authorized by him in writing to do so.
{.Ins ,by Act 24 of 1959 s,7, (w.e.f., 1-5-1960).}
 
(dd) The officer- in-charge of drugs control organisation of the state under the.{ Substitute by Act 70 of 1976, s.13, for Drugs Act 1940''(w.e.f.1-9-1976).} [ Drugs and cosmetics Act, 1940] (23 of 1940) ex officio or if he is unable to attend any meeting a person authorised by him in writing to do so;

(e) The Government Analyst under the.{ Substitute by Act 70 of 1976, s.13, for Drugs Act 1940''(w.e.f.1-9-1976).} [ Drugs and cosmetics Act 1940] (23 of 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 the agreement may provided 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.{ Substitute by s.13, ibid., for" member of the pharmaceutical profession""(w.e.f.1-9-1976).} [ registered pharmacist] nominated by the Government of each of the said other participating states and where the agreement so provides the compositions of the state council shall be deemed to be augmented accordingly.



(1) Two or more state Governments may either into agreement to be in force for such period and to be subject to renewal for such further period any as may be specified in the agreement to provided.

(a) For the constitution of a joint state council for all the participating states or.

(b) That the state council of one state shall serve the need of the other participating states.

(2) In addition to such matter as are in this Act specified an agreement under this section may.-

(a) provide for the appointment between the participating states of the expenditure in connection with the state council or join state council.

(b) determine which of the participating state Government shall exercise the several functions of the state Government under this Act and the references in this Act to the state Government shall be construed accordingly.

(c) Provided for consultation between the particular state government 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.



(1) A joint state council shall consist of the following members namely.

(a) Such number provided elected from amongst themselves by the registered pharmacists of each of the participating states.

(b) Such member of members being not less than two and not more than four as the agreement shall provided nominated by each participating state government;

(c) One member elected from amongst themselves by the members of each Medical council of medical Registration of each participating state as the case may be

(d) The chief 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

{ Ins. by Act 24 of 1959, s.8 (w.e.f.1-5-1960).} [(dd) the officer- in charge of drugs control organisation of each participating state under the.{ Substitute by Act 70 of 1976, s.14, for "Drugs Act, 1940" (w.e.f.1-9-1976).} [ Drugs and cosmetics Act 1940 (23 of 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.{ Substitute by Act 70 of 1976, s.14, for "Drugs Act, 1940" (w.e.f.1-9-1976).} [ Drugs and cosmetics Act 1940] (23 of 1940) ex officio or where there is more than one such one as the state Government may appoint in this behalf.

(2) The agreement may provide that within the limits specified in clauses (a) (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),.{ Substitute by s.14, ibid., for " at least half" (w.e.f.1-9-1976).}[more than half] shall be persons possessing a prescribed degree or diploma in pharmacy or pharmaceutical chemistry or.{ Substitute by s.14, ibid., for "members of the pharmaceutical profession" (w.e.f.1-9-1976).} registered pharmacists].



Every state council shall be a 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.

Last updated on August, 2016

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