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THE PHARMACY ACT, 1948

Title : THE PHARMACY ACT, 1948

Year : 1948



{ Substitute by Act 24 of 1959, s.9, for "A person shall be entitled" (w.e.f.1-5-1960).} [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.{ The words "the Provinces of" omitted by the A.O.1950.} 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 or medical practitioners for a total period of not less than three years, or
 
(c) Has passed an examination recognised as adequate by the State Government for 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.



(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.{ Substitute by Act, 24 of 1959, s.10 for " a person shall on payment of the prescribed fee" (w.e.f.1-5-1960).} [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 carries on the business or profession of pharmacy in the State and if he-
 
(a) Satisfies 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.{ Substitute by s.10, ibid., for "under this sub-section" (w.e.f.1-5-1960).} [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 fee be entitled to have his name entered on the register if he has attained the age of.{ Substitute by s.10.ibid., for "twenty-one years" (w.e.f.1-5-1960).} [eighteen years], if he resides or carries on the business or profession of pharmacy, in the State and if he has passed an approved examination or possesses a qualification approved under section 14.{ Ins. by s.10, ibid., (w.e.f.1-5-1960).} [or is a registered pharmacists in another State].

{ Ins. by s.11 ibid., (w.e.f.1-5-1960).}

32A - Special provisions for registration of 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 persons 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 States 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 latter State only by reason of their not having passed either a matriculation examination or an examination prescribed as being equivalent to a matriculation examination of 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 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 (24 of 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 tow years from the commencement of the Pharmacy (Amendment) Act, 1959 (24 of 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 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 of residence in such area and who has since then been residing in India.

Explanation 2.-For the purposes of clauses (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.

{ Ins. by Act 70 of 1976, s.17 (w.e.f.1-9-1976).} 

32B - Special provisions for registration of displaced persons, repatriates and other persons

(1) Notwithstanding anything contained in section 32 or section 32-A, 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 names of persons approved as "qualified persons" before the 31st December, 1969 for compounding or dispensing of medicines under the Drugs and Cosmetics Act, 1940 (23 of 1940), and the rules made there under;

(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, one account of civil disturbances or the fear of such disturbances in any area now forming part of Bangla Desh, has, after the 14th day of April, 1957 but before the 25th day of March, 1971, left or has been displaced from, his place or residence in such area and who has since then been residing in India;

(ii) "Repatriate" means any person of Indian origin whom, 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 clauses (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 (70 of 1976).]



(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,Upon entry in the register of a name under this section, the Registrar shall issue a certificate of registration in the prescribed form..{ In its application to the State of Andhra Pradesh, s.33-A has been inserted by the Andhra Adaptation of Laws (second Amendment) Order, 1954.In its application to the State of Madras, s.33-A has been ins. by the Adaptation of Laws Order , 1954 and later Substitute by the Madras (Added Territories) Adaptation of Laws Order, 1961.}



(1) The State Government may, by notification in the Official Gazette, direct that for the retention of a name on the register after 31st day of December of the year following the year in which the names 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 remove the name of the defaulter from the register:
Provided that a name so removed may be restored to the registered on such conditions as may be prescribed.

(3) On payment of the renewal fee, the Registrar shall.{ Substitute by Act 24 of 1959, s.12, for "in the prescribed manner endorse the certificate of registration accordingly" (w.e.f.1-5-1960).} [issue a receipt therefor and such receipt shall be proof of renewal of registration].



A registered pharmacist shall on payment of the prescribed fee be entitled to have entered in the register any further degrees or diplomas in pharmacy or pharmaceutical chemistry which he may obtain.



(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 may think fit to make.-
 
(i) That his name has been entered in the register by error or on account of mis-repesentation 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 persons employed by him for the purposes of his business of pharmacy.{ Ins. by s.13, ibid.(w.e.f.1-5-1960).} [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 he offence or infamous conduct was instigated or connived at by the registered pharmacist, 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 [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 or 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 offence is an offence under the.{ Substitute. by Act 70 of 1976, s.18, for "Drugs Act, 1940" (w.e.f.1-9-1976).} [Drugs and Cosmetics Act, 1940] (23 of 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 his [or by persons under his control]

Last updated on August, 2016

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