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THE PHARMACY ACT, 1948

Title : THE PHARMACY ACT, 1948

Year : 1948



(1) The president and vice-president the state council shall be elected the member from amongst themselves;

Provided that for five year from 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 member referred to in section 19 or section 21 as the case maybe.

(2).{ Substitute by s.15, ibid., 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 this term as a member of the state council but subject to his begin a member of the state council he shall be eligible for re-election;

{ Added by s.15, ibid., (w.e.f.1-9-1976).}
 
Provided that if his term of office as a member of the State 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 State Council, continue to hold office for the term for which he is elected as President or Vice-President]



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.



(1) Subject to the provisions of this section nominated or elected member, other than a nominated President, shall hold office for a term 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 20, if he ceases to be a registered pharmacist or ceases to be a member of the Medical Council or Council or 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.

(1) Subject to the provisions of this section nominated or elected member, other than a nominated President, shall hold office for a term 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 20, if he ceases to be a registered pharmacist or ceases to be a member of the Medical Council or Council or 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.



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.
 
{ Ins by Act 70 of 1976, s.16 (w.e.f.1-9-1976).}

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 the Chapters III, IV and V of this Act.

(2) An Inspectors may-

(a) Inspect any previous 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 our the purposes of Chapters III, IV and V of this Act or any rules made there under.

(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 there under 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 the Indian Penal Code (45 of 1860).]



(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 form 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.



(1) The State Council shall furnished such reports, copies of its minutes and of the minutes of the Executive Community, 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.



(1) As soon as may be after this Chapter has taken effect in any State, the State Government shall cause to he 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.



(1) For the purpose of preparing the first register, the State Government shall by notification in the Official Gazette constitute a Registration Tribunal consisting of three persons, and shall also appoint a Registrar who shall act as Secretary of the Registration Tribunal.

(2) The State Government shall, by the same or a like notification, appoint a date on or before which application 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 may 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 registers in accordance with the decision 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.

Last updated on August, 2016

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