SectionsParticulars
Chapter IIntroductory
1Short title, extent and commencement
(1) This Act may be called the Pharmacy Act, 1948. 2[(2) It extent to the whole of Indian except the State of Jammu and Kashmir.] (3) It shall come into forc...
2Interpretation
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"...
3Constitution and composition of Central Council
The Central Government shall, as soon as may be, constituted a Central Council consisting of the following members, namely :- (a) six members, among whom the...
4Incorporation of a Central Council
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,...
5President and Vice-president of Central Council
(1) The President and Vice-president of the Central Council shall be elected by the members of the said Council from among themselves. 19[***] (2) 20[The Pre...
6Mode of elections
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 ...
7Term of office and casual vacancies.
(1) Subject to the provisions of the section, a nominated or elected member 22[***] shall hold office for a term of five years from the date of his nomination...
8Staff, remuneration and allowances
The Central Council shall— (a) appoint a Register who shall act as the Secretary to that Council and who may also, if deemed expedient by that Council, act a...
9The Executive Committee
(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 Commit...
9AOther 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...
10Education Regulations
(1) Subject to the provisions of this section, the Central Council may, subject to the approval of the Central Government, make regulations, to be called the ...
11Application of Education Regulations
At any time after the constitution of the State Council under Chapter III and after consultation with the State Council, the State Government may, by notifica...
12Approval courses of study and examinations
(1) Any authority in the State 25[***] which conducts a course of study for pharmacists may apply to the Central Council for approved of the course, and the C...
13Withdrawal of approval
(1) Where the Executive committee reports to the Central Council that an approved course of study or an approved examination does not continue to be in confor...
14Qualifications granted outside the territories to which this Act extends
The Central Council, if it is satisfied that any qualification in pharmacy granted by an authority outside the 26[territories to which this Act extends] affor...
15Mode of declarations
All declarations under section 12, section 13 or section 14 shall be made by resolution passed at a meeting of the Central Council, and shall have effect as s...
15AThe Central Register
(1) The Central Council shall cause to be maintained in the prescribed manner a register of pharmacists to be known as the Central Register, which shall conta...
15BRegistration in the Central Register
The Registrar of the Central Council shall, on receipt of the report of registration of a person in the register for a State, enter his name in the Central Re...
16Inspection
(1) The Executive Committee may appoint such number of inspectors as it may deem requisite for the purposes of this Chapter. (2) An Inspector may- (a) inspect...
17Information to be furnished
(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 30[***] to th...
17AAccounts 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...
18Power to make regulations.
(1) The Central Council may, with the approval of the Central Government, 33[by notification in the Official Gazette,] make regulations consistent with this A...
19Constitution and composition of State Council
Except where a Join State Council is constituted in accordance with an agreement made under section 20, the State Government shall constitute a State Council ...
20Inter-State agreements.
(1) Two or more State Governments may enter into an agreement to be in force for such periods and to be subject to renewal for such further periods, if any as...
21Composition of Join State councils
(1) A Join State Council shall consist of the following members, namely :- (a) such number of members, being not less that three and not more than five as the...
22Incorporation of State Councils
Every State Council shall be 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 C...
23President an Vice-President of State Council
(1) The President and Vice-President of the State Council shall be elected by the members from amongst themselves : that for five years from the first consti...
24Mode of elections
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 th...
25Term of office and casual vacancies
(1) Subject to the provisions of this section, a nominated or elected member, other than a nominated President, shall hold office for a term of five years fro...
26Staff, remuneration and allowances
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 ...
26AInspection
(1) A State Council may, with the previous sanction of  the State Government, appoint Inspectors having the prescribed qualifications for the purposes of C...
27The Executive Committee
(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 Committe...
28Information to be furnished
(1) The State Council shall furnish such reports, copies of its minutes and of the minutes of the Executive Committee, and abstracts of its accounts to the St...
Chapter IVRegistration Of Pharmacists
29Preparation and maintenance register
(1) As soon as may be after this Chapter has taken effect in any State, the State Government shall cause to be prepared in the manner hereinafter provided a r...
30Preparation of first register
(1) For the purpose of preparing the first register, the State Government shall by notification in the Official Gazette constitute a Registration Tribunal con...
31Qualifications for entry on first register
50[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 h...
32Qualifications for subsequent registration
(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,...
32ASpecial provisions for registration 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 ha...
32BSpecial provisions for registration of displaced persons, repatriates and other persons
(1) Notwithstanding anything contained in section 32 or section 32A, a State Council may permit to be entered on the register- (a) the names of persons who po...
33Scrutiny of applications for registration
(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 s...
34Renewal fees
(1) The State Government may, by notification in the Official Gazette, direct that for the retention of a name on the register after the 31st day of December ...
35Entry of additional qualifications
A registered pharmacist shall on payment of the prescribed fee by entitled to have entered in the register any further degrees or diplomas in pharmacy or phar...
36Removal from register
(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, ...
37Restoration to register
The State Council may at any time for reasons appearing to it sufficient order that upon payment of the prescribed fee the name of a person removed from the r...
38Bar of other jurisdiction.
No order refusing to enter a name on the register or removing a name from the register shall be called in question in any Court....
39Issue of duplicate certificates of registration
Where it is shown to the satisfaction of the Registrar that a certificate of registration has been lost or destroyed, the Registrar may, on payment of the pre...
40Printing of register and evidentiary value of entries therein
(1) As soon as may be after the 1st day of April Subsequent to the commencement of the Pharmacy (Amendment) Act, 1959, the Register shall cause to be printed ...
Chapter VMiscellaneous
41Penalty for falsely claiming registered
(1) If any person whose name is not for the time being entered in the register of the State Falsely pretends that it is so entered or uses in connection with ...
42Dispensing unregistered sons
(1) On or after such date as the State Government may be notification in the Official Gazette appoint in this behalf, no person other than a registered pharma...
43Failure to surrender certificate of registration
(1) If any person whose name has been removed from the register fails without sufficient cause forthwith to surrender his certificate of registration, he shal...
44Payment of part of fees to Central Council
The State Council shall before the end of June in each year pay to the Central Council a sum equivalent to one-fourth of the total fees realized by the State ...
45Appointment of Commission of Enquiry
(1) Whenever it appears to the Central Government that the Central Council is not complying with any of the provisions of this Act, the Central Government may...
46Power to make rules
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of Chapters, III, IV, and V. (2) In particular and...
Foot Notes
1. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963; to Pondicherry by Reg. 7 of 1963, to Goa, Daman and Diu by Reg. 11 of 1963 and to La...
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