Enjoy SmartLeges Premium!

Subscribe to SmartLeges Premium and enjoy the following advantages:

  • Consult as many laws as you need with no additional charge
  • Consult almost any law in several countries with the new advanced search engine. All legislation within reach!
  • Enjoy all SmartLeges functions without restrictions
See the plans

An essential and free application for professionals and students in the legal sector

Read more
 

Sign up for free!

Would you like to consult this and other laws complete?

Sign up for free to consult all the laws of SmartLeges in your mobile phone or tablet, as well as underline text, add notes...

Sign up for free!

Share this law Other laws of India
Email Facebook Twitter Google Linkedin Tumblr

PHARMACY ACT

Ministry of Law and Justice

Act nº 8 of 1948


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Amending Acts
  • Act nº 8 of 1948

Preamble

THE PHARMACY ACT, 1948.

[Act, No. 8 of 1948]

[4th March, 1948]

PREAMBLE

An Act to regulate the profession of Pharmacy.

WHEREAS it is expedient to make better provision for the regulation of the profession and practice of pharmacy and or that purpose constitute Pharmacy Councils.

Chapter I

Section 1. Short titles, extent and commencement

(1) This Act may by called the Pharmacy Act, 1948.

{ Substitute by Act 24 for sub-section (2) (w.e.f.1-5-1960).}

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force at once but Chapters III, IV shall take effect in a particular State from such date { The words " not later than years from the commencement of this Act", omitted by section.2, ibid (w.e.f.1-5-1960).} as the State Government may, by notification of a State, the said Chapters shall take effect in the remaining part of that State from such date as the State Government may in like manner appoint,]

Section 2. Interpretation

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" means the Pharmacy Council under section 12 or section 14 ;

{ Substitute by Act 70 of 1976, section. for clause (c), (d) and (e) (w.e.f.1-9-1976).}

(c) "Central Council" means the Pharmacy Council of India constituted under section 13;

(d) "Central Register" means the register of pharmacists maintained by the Central Council under section 15A ;

(da) "Executive Register" means the Executive Committee of the Central Council or of the State Council as the Context may require.

(e) "Indian University" means a University within the meaning of section 3 of the University Grads Commission Act 1956 (3 of 1956) and includes such other institutions being institutions established by order or a Central Act, as the Central Government may by notification in the Official Gazette, specify in this behalf ;]

{Substitute, by Act 24 of 1959,section.3, for clause.(f) (w.e.f.1-5-1960).}

(f) "medical practitioner" means a person-

(holdings a qualification granted by an authority specified or notified under section 3 of the Indian medical Degrees Act ,1916 (7 of 1916), or specified in the Schedules to the Indian medical council Act, 1956 (102 of 1956); or

(ii) registered or eligible for registration in a medical register of a state meant for the registration of persons practising the modern scientific system of medicine ; or.

(iii) registered in a medical register of a state ,who although not falling within sub-clause (I) or sub-clause (ii) is declared by a general or special order made by the state Government in this behalf as a person practising the modern scientific system of medicine for the purposes of this Act; or

(iv) registered or eligible for registration in the register of dentists for a state under the dentists Act, 1948(16 of 1948); or

(v) who is engaged in the practice of veterinary medicine and who possesses qualifications approved by the state Government;]

(g) "prescribed" means in chapter II prescribed by regulations made under section 18 and else where prescribed by rules made under section 46;

{ Subs, by Act 70 of 1976,section.2, for clause (h), (i) and (j) (w.e.f.1-5-1976).}

(h) "register" means a register of pharmacists prepared and maintained under Chapter IV;

(I) "registered pharmacist" means a state council of pharmacy constituted under section 19 in the register of the state in which he is for the time being residing or carrying on his profession or business of pharmacy ;

(j) "state council' means a state council of pharmacy constituted under section 19 and included a joint state council of pharmacy constituted in accordance with -an agreement under section 20;

(k) "University Grants commission" means the university Grants commission established under section 4 of the university Grants commission Act 1956 (3 of 1956].

{ Clause. (k) ins by the A.O.1950 and omitted by Act 24 of 1959,section.3(w.e.f.1-5-1960).}

Chapter II

Section 3. constitution and composition of central council

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).}

Section 4. In corporation of 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 with power to acquire and hold property both movable and immovable shall by the said name sue and be sued.

Section 5. president 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.

{ 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.

Section 6. Mode 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 central Government whose decision shall be final.

Section 7. Term of office and casual vacancies

(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).}

Section 8. Staff remuneration and allowances

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.]

Section 9. The 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 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).}

Section 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.]

Section 10. Education Regulation

(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.

Section 11. Application of Education Regulations to state

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.