| PHARMACY ACT, 1948 |
| PHARMACY ACT, 1948 8 OF 1948 "It is desirable that, as in most other countries, only persons who have attained a minimum standard of professional education should be permitted to practise the Profession of Pharmacy. It is accordingly proposed to establish a Central Council of Pharmacy, which will prescribe the minimum .standards of education and approve courses of study and examinations for Pharmacists, and Provincial Pharmacy Councils, which will be responsible for the maintenance of provincial registers of qualified pharmacists. it is further proposed to empower Provincial Governments to prohibit the dispensing of medicine on the prescription of a Medical Practitioner otherwise than by, or under the direct and personal supervision of, a registered pharmacists."-Gaz. of Ind.,1947, Part V, page 469. Amending Act 24 of 1959 :- The Pharmacy Act, 1948 (8 of 1948), which provides for the regulation of the profession and practice of pharmacy has been in force since 1948. This Bill seeks to amend the Act so as to give effect to the following objects, namely :- (1) the extension of the Act to the areas comprised in the former Part B States; (2) the introduction of provisions necessary to meet the situation which has arisen on account of the reorganisation of States which took effect on 1st November, 1956; (3) the registration of certain categories of persons. Opportunity has also been taken to make a few minor amendments in the Act, the need for which has been brought to light in the course of the administration of the Act during the last ten years. The Notes on clauses appended hereto explain the provisions of the Bill, wherever necessary.-Gaz. of India, 10- 12-1958. Pt. II, section 2, Ext., p. 1253. Amending Act 70 of 1976 :-The Bill seeks to provide for wider representation on the Pharmacy Council of India by providing for the inclusion in that Council of the representatives of the Union territories as also of the University Grants Commission and All-India Council for Technical Education. 2. A high degree of specialisation is taking place in various branches of pharmacy. It is, therefore. necessary to induct specialists as members of the committees of the Pharmacy Council of India. The Bill. therefore seeks to empower the Pharmacy Council of India to co-opt non-member specialists as members of its committees. 3. The accounts of the Pharmacy Council of India are at present audited by private auditors. The Bill seeks to provide that the audit of the accounts of the Pharmacy Council of India shall he made by the Comptroller and Auditor General of India or any person authorised by him. 4. A large number of persons had migrated to India from the territories now known as Bangla Desh. Other persons had been repatriated from Burma, Ceylon and Uganda, Many of these persons had been engaged in the profession of pharmacy for their livelihood in the territories from which they have migrated to India but did not possess the required qualifications in pharmacy. The Bill seeks to provide facilities for the registration of these persons to enable them to earn their livelihood in India. 5. A large number of persons had qualified in examination for compounder's/dispenser's courses in accordance with the rules made under Drugs and Cosmetics Act, 1940. These persons were not, however, registered under Pharmacy Act, 1948. The Bill seeks to provide for their registration as pharmacists. 6. Section 42 of the Pharmacy Act empowers the State Governments to appoint a dale on and from which unregistered persons shall be prohibited from dispensing medicines in that State. Many State Governments nave not, however, appointed, as yet, any date under the said section 42. In the circumstances, the Bill seeks to provide that section 42 shall automatically come into force in a Slate on the expiry of a period of five years from the commencement of the Pharmacy (Amendment) Act, 1975 if the Government of the concerned State had tailed to exercise the powers conferred on it by section 42. 7. Opportunity has also been taken to carry out certain other amendments in the Act to enable the Pharmacy Council of India to discharge its functions effectively.-S.O.R.- Gay. of Ind., 8-8- 1975, Pt. II. section 2, Ext., p. 692. Amending Act 22 of 1982 :- Section 42 of the Pharmacy Act provides that on or after such date as the State Government may by notification in the Official Gazette appoint in this behalf no person other than a registered pharmacist shall compound, prepare, mix or dispense any medicine on the prescription of a medical practitioner. The section was amended in 1976 to provide that where a State Government fails to bring the section into force from a dale earlier than the 1st September. 1981 (i.e. five years from the dale of coming into force of the Amendment Act of 1976), inc section would automatically dime into force in that State on the 1st September, 1981. So far only the State Governments of Assam, Kerala, Uttar Pradesh and the Union territory of Delhi have brought the provisions of the section into force. 2. Representations have been made that if the section were to come into force automatically with effect from 1st September, 1981 in the remaining States, certain categories of persons engaged in dispensing of drugs hitherto would become ineligible to continue their profession. In view of these representations and in order to enable the States concerned to train an adequate number of pharmacists. the sixth Joint Conference of the Centra! Council of Health and Central Family Welfare Council have recommended in April, 1979 that the section may be amended so that the date of automatic coming into force of the section in States in which it is not brought into force earlier is fixed as the 1 st September, 1984. It is proposed to accept this recommendation. 3. The Bill seeks to achieve the above object.-S.O.R.-Gar.. of Ind., 7-9-l981, Pt. II, section 2, Ext.. p. 578.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 for that purpose to constitute Pharmacy Councils; It is hereby enacted as follows :- CHAPTER 1 : INTRODUCTORY SECTION 1 : Short title, extent and commencement (1) This Act may be called The Pharmacy Act, 1948. (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 and V shall take effect in a particular State from such date as the Suite Government may, by notification in the Official Gazette", appoint in this behalf. Provided that where on account of the territorial changes brought about by the reorganisation of States on the 1st day of November, 1956, Chapters III, IV and V have effect only in a part 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 approved by the Central Council under (section 12) or (section 14); [(c) "Central Council" means the Pharmacy Council of India constituted under (section 3); (d) "Central Register" means the register of pharmacists maintained by the Central Council under (section 15) ; (da) "Executive Committee" 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 (S.3 of the University Grants Commission Act, 1956) and includes such other institutions, being institutions established by or under a Central Act as the Central Government may, by notification in the Official Gazette, specify in this behalf.] [(f) "medical practitioner" means a person- (i) holding a qualification granted by an authority specified or notified under (S.3 of the Indian Medical Degrees Act, 1916) . or specified in the Schedules to (Indian Medical Council Act,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 (Dentists Act, 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 elsewhere prescribed by rules made under (section 46) ; [(h) "register" means a register of pharmacists prepared and maintained under Chapter IV; (i) "registered pharmacist" means a person whose name is for the time being entered on 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 constitued under (section 19) , and includes 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 (S.4 of the University Grants Commission Act, 1956) . CHAPTER 2 : THE PHARMACY COUNCIL OF INDIA 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 members, namely :- (a) six members, among whom there shall be at least one teacher of each of the subjects, pharmaceutical chemistry, pharmacy, pharmacology and pharmacognosy elected by the 3 (e) [e] Substituted for the words "authority known as the inter-University Board" by the Pharmacy (Amendment) Act, 1976 (70 of 1976), section 3 (1-9-1976). [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 3 (f) [f] Substituted for the word "three", the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [ four] shall be persons, possessing a degree or diploma in, and 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 attend any meeting, a person authorised by him in writing to do so; 3 (a) [a] Inserted by the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [(dd) The Drugs Controller, India, ex officio or if he is unable to attend any meeting, a person authorized by him in writing to do so.] (e) the Director of the Central Drugs Laboratory, ex officio; 3 (g) [g] Substituted, the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [(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 3 (b) [b] Word and letter 'Part A' omitted by 3 A.L.O., 1956 (with retrospective effect from 1-11-1956). [* * *] State elected 3 (b) [b] Word and letter 'Part A' omitted by 3 A.L.O., 1956 (with retrospective effect from 1-11-1956). [from amongst themselves by the members of each State Council 3 (d) [d] For reorganisation of the Bombay State Pharmacy Council functioning in parts of the States of Gujarat, Maharashtra, Mysore and Rajasthan, see the Bombay State Pharmacy Council (Reorganisation) Order, 1964, published in Gazette of lndia,17-8-1964,Pt. II, sec.3(ii), Extra.,p.717 et seq. who shall be a registered pharmacist; (h) one member to represent each 3 (b) [b] Word and letter 'Part A' omitted by 3 A.L.O., 1956 (with retrospective effect from 1-11-1956). [* * *] State nominated by 3 (c) [c] Substituted for the words 'each such', the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [the] State Government, who shall be 3 (i) [i] Words "either a registered medical practitoner or" omitted, the Pharmacy (Amendment) Act, 1959 (24 of 1959). [*****J a registered pharmacist : 3 (g) [g] Substituted, the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [Provided that for five years from the date on which the Pharmacy (Amendment) Act, 1976, comes into force the Government of each Union territory shall, instead .of electing a member under clause (g), nominate one member, being a person eligible for registration under (section 31) , to represent that territory.] 3 (j) [j] Explanation, omitted, the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [* * *] SECTION 4 : Incorporation 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, and 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: 3 (a) [a] Proviso omitted by the Pharmacy (Amendmem) Act, l959 (24 of 1959), section 6 (with effect from 1-5-1960). [* * * ****] (2) 3 (b) [b] Substituted for the words "An elected President" by the Pharmacy (Amendment) Act, 1976 (70 of 1976), section 4(1-9-1976). [the President or Vice-President shall hold office assuch fora. term not exceeding five years and not extending beyond the expiry of his term as member of the Central Council, but subject to his being a member of the Central Council, he shall be eligible for re-election. 3 (c) [c] Added, the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [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, 3 (a) [a] Words "other than nominated", omitted by the Pharmacy (Amendment) Act, 1976 (70 of 1976), S. 5 (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, 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 bedeemed 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) Acasual vacancy in the Central Council shall befilled 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 existence of any vacancy in, or any defect in the constitution of. the Central Council. (6) Members of the Central Council shall be eligible for renomination or re-election. SECTION 8 : Staff, remuneration and allowances 3 (a) [a] Substituted tor S. 8 by the Pharmacy (Amendment) Act, 1976 (70 of 1976), S. 6 (1-9-1976). [ 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 that Council act as the Treasurer 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 other officer or servant, 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 the 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 shall hold office as such until the expiry of his term of office as member of the Central Council, but subject to his being a member of the Central Council, he shall be eligible for reelection. (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. SECTION 9A : Other committees 3 (a) [a] Inserted by the Pharmacy (Amendment) Act, 1976 (70 of 1976), S. 7 (1-9-1976).(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 periods not exceeding five years as it may specify, and may co-opt for a like period persons, who are not members of the Central Council, as members of such committees. (2) The remuneration 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 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 Education Regulation, 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, me 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 subjects of examination and the standards therein to be attained: (d) any other conditions of admission to examinations. (3) Copies of the draft of the Education Regulations and of all subsequent amendments thereof shall be furnished by the Central Council to all 3 (a) [a] Substituted for Ilic word 'Provincial' by A. L .0.. 1950. [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 approval under sub-section (i) take into consideration the comments of any 3 (a) [a] Substituted for Ilic word 'Provincial' by A. L .0.. 1950. [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 recommend to the Central Council such amendments thereof as it may think fit. SECTION 11 : Application of Education Regulations to States At any time after the constitution of the 3 (a) [a] Substituted for the word 'Provincial' and the word 'Province' by A.L.O., 1950. [State] Council under Chapter III and after consultation with the 3 (a) [a] Substituted for the word 'Provincial' and the word 'Province' by A.L.O., 1950. [State] Council, the 3 (a) [a] Substituted for the word 'Provincial' and the word 'Province' by A.L.O., 1950. [State] Government may. by notification in the Official Gazette, declare that the Education Regulations shall take effect in the 3 (a) [a] Substituted for the word 'Provincial' and the word 'Province' by A.L.O., 1950. [State] : Provided that where no such declaration has been made, the Education Regulations shall take effect in the 3 (a) [a] Substituted for the word 'Provincial' and the word 'Province' by A.L.O., 1950. [State] on the expiry of three years from the date of the constitution of the 3 (a) [a] Substituted for the word 'Provincial' and the word 'Province' by A.L.O., 1950. [State] Council. SECTION 12 : Approved courses of study and examinations (1) Any authority in a 3 (a) [a] Substituted for the word 'Province' and the word 'Provinces' by A.L.O., 1950. [State] 3 (b) [b] Words "of India" were omitted by A.L.O., 1950 (26-1-1950). [* * *] 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 thinks fit to make, that the said course of study is in conformity with Education Regulations 3 (c) [c] For Education Regulations see S.R.O. 1404, Gaz. of Ind.. Pt. U.S. 3, p. 1101., shall declare the said course of study to be an approved course of study for the purpose of admission to an approved examination for pharmacists. (2) Any authority in a 3 (a) [a] Substituted for the word 'Province' and the word 'Provinces' by A.L.O., 1950. [State] 3 (b) [b] Words "of India" were omitted by A.L.O., 1950 (26-1-1950). [* * *] which holds an examination 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 registration as a pharmacist under this Act. (3) Every authority in the 3 (a) [a] Substituted for the word 'Province' and the word 'Provinces' by A.L.O., 1950. [States] 3 (b) [b] Words "of India" were omitted by A.L.O., 1950 (26-1-1950). [* * *] 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 required to be undergone and generally as to the requisites for such courses of study and examination. SECTION 13 : Withdrawal of approval (1) Where the Executive Committee reports to the Central Council that an unproved course of study or an approved examination dues not continue to be in conformity with he Education 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 3 (a) [a] Substituted for the words 'Provincial Government' by A.L.O., 1950. [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 the 3 (a) [a] Substituted for the words 'Provincial Government' by A.L.O., 1950. [Stale Government] may think fit to make, the Council may declare that the course of study or the examination shall be deemed to be approved only when completed or passed, as the case maybe, before a specified date. SECTION 14 : Qualifications 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 3 (a) [a] Substituted for the words "Part A States and Part C States", by 3 A.L.O., 1956 (w.r.e.f. 26-1-1950). [territories to which this Act extends] affords a sufficient guarantee of the requisite skill and knowledge, may declare 3 (c) [c] For some declarations see S.R.O. 1321 of 1957: S.R.O. 1322 of 1957 and 1323 of 1957; all published in Pt. II, S. 3, p.837 of Gaz.of Ind.. 1957; S.O. 1909,Gaz.of Ind" 1959.Pt.II,S.3(ii).p. 1814.See alsoGaz.of Ind. 1949, Pt.I,.S. 1, p. 1442. Gaz. of Ind., 1967, Pt. III, S. 4. p. 64 for foreign qualifications recognised in Great Britain, U.S.A., West Germany and Australia (South). such qualification to be an approved qualification for the purpose of qualifying for registration under this Act, and may for reasons appearing to it sufficient at any time declare that such qualification shall be deemed 3 (d) [d] Inserted by the Pharmacy (Amendment) Act, 1976 (70 of 1976), S. 8 (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 than a 3 (b) [b] Substituted for the words "British subject of Indian domicile", by A.L.O., 1950 (26-1-50). [citizen of India] possessing such qualification shall be deemed to be qualified for registration unless by the law and practice of the State or country in which the qualification is granted, persons of Indian origin holding such qualification are permitted to enter and practice the profession of pharmacy. SECTION 15 : Mode 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 soon as they are published in the Official Gazette. SECTION 15A : The Central Register 3 (a) [a] Inserted by the Pharmacy (Amendment) Act. 1976 (70 of 1976), S. 9 (1-9-1976). [(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 contain the names of all persons for the time being 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 of April of each year, and the Registrar 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 orders 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 public document within the meaning of (Evidence Act, 1872) and may be proved by the production of a copy of the Register as published in the Gazette of India. SECTION 15B : Registration 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 Register.] SECTION 16 : Inspection ( 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 any institution which provides an approved course of study; (b) attend at any approved examination; (c) inspect 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 Executice Committee may require him to 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 3 (a) [a] Words "together with an abstract of its accounts" omitted by the Pharmacy (Amendment) Act, 1976 (70 of 1976), S. 10(1-9-1976). [State] in which the authority or institution is situated SECTION 17 : Information 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 3 (a) [a] Words "together with an abstract of its accounts" omitted by the Pharmacy (Amendment) Act, 1976 (70 of 1976), S. 10(1-9-1976). [* * * * * * *] to the Central Government. . (2) The Central Government may publish insuch manner as it may think fit any report, 3 (b) [b]Substituted for the words"copy or extract", the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [or copy] furnished to it under this section or .under (section 16) . SECTION 17A : Accounts and audit 3 (a) [a] Inserted by the Pharmacy (Amendment) Act, 1976 (70 of 1976), Section 11 ( 1 -9-1976). [( 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 maybe 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 the 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 forwarded annually to the Central Council which shall forward the same with its comments to the Central Government.] SECTION 18 : Power to make regulations (1) The Central Council may, with the approval of the Central Government, 3 (a) [a] Inserted by the Pharmacy (Amendment) Act, 1976 (70 of 1976), Section 11 ( 1 -9-1976). [by notification in the official Gazette] make regulations consistent with this Act to carry out the purposes, of this Chapter. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for- [(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 holding of meetings of the Central Council, the times and places 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 powers and, dii,ties of the President and Vice-President; (f) the qualifications, the term of office and the powers and duties of the [Registrar, Secretary], Inspectors and other officers arid servants o,f the Central Council, including the amount and nature of the security to be furnished by the [Registrar or any other officer or servant;] [(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 regulations are made by the Central Council under this section, the President may, with the previous sanction of the Central Government, make such regulations under this section, including those to provide for the manner in which the first elections to the Central Council shall be conducted, as may be necessary for carrying into effect the provisions of this Chapter, and any regulations so made may be altered or rescinded by the Central Council in exercise of its powers under this section. [(4) Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modifications in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form 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 regulation.] CHAPTER 3 : STATE PHARMACY COUNCILS SECTION 19 : Constitution and composition of State Councils Except where a Joint State Council is constituted in accordance with an agreement made under (section 20) , the 3 (b) [b] Substituted for 'Provincial', 'Provinces' or 'Pruvincial Government' by A.L.O., 1950. [State Government] shall constitute a 3 (b) [b] Substituted for 'Provincial', 'Provinces' or 'Pruvincial Government' by A.L.O., 1950. [State] Council 3 (c) [c] For special provisions for dissolution or reconstitution and reorganisation of State Councils, see Section 18 of Act 24 of 1959 which came into force with effect from 1-5-1960. The text of this section will be found printed after the text of this principal Act. consisting of the following members, namely :- (a) six members, elected from amongst themselves by registered pharmacists of the 3 (b) [b] Substituted for 'Provincial', 'Provinces' or 'Pruvincial Government' by A.L.O., 1950. [State]; (b) five members, of whom at least 3 (e) [e] Substituted for the word "two" by the Pharmacy (Amendment) Act, 1976 (70 of 1976). S. 13 (1-9-1976). [three] shall be persons possessing a prescribed degree or diploma in pharmacy or pharmaceutical chemistry or 3 (f) [f] Substituted for the words "members of the pharmaceutical profession", the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [registered pharmacists], nominated by the 3 (b) [b] Substituted for 'Provincial', 'Provinces' or 'Pruvincial Government' by A.L.O., 1950. [State Government]; (c) one member elected from themselves by the members of each Medical Council or the Council of Medical Registration of the 3 (b) [b] Substituted for 'Provincial', 'Provinces' or 'Pruvincial Government' by A.L.O., 1950. [State], as the case may be; (d) the chief administrative medical officer of the 3 (b) [b] Substituted for 'Provincial', 'Provinces' or 'Pruvincial Government' by A.L.O., 1950. [State] ex officio or if he is unable to attend any meeting, a person authorized by him in writing to do so; 3 (d) [d] Inserted by the Pharmacy (Amendment) Act, 1959 (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 3 (g) [g] Substituted for the words and figures "Drugs Act. 1940", the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [ (Drugs and Cosmetics Act, 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 3 (g) [g] Substituted for the words and figures "Drugs Act. 1940", the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [ (Drugs and Cosmetics Act, 1940) ], ex officio,or where there is more than one, such one as the 3 (b) [b] Substituted for 'Provincial', 'Provinces' or 'Pruvincial Government' by A.L.O., 1950. [State Government] may appoint in this behalf: Provided that where an agreement is made under clause (b) of sub-section (1) of (section 20) , the agreement may provide that the 3 (b) [b] Substituted for 'Provincial', 'Provinces' or 'Pruvincial Government' by A.L.O., 1950. [State] Council to serve the needs of the other participating 3 (b) [b] Substituted for 'Provincial', 'Provinces' or 'Pruvincial Government' by A.L.O., 1950. [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 3 (h) [h] Substituted for the words "member of the pharmaceutical profession", the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [registered pharmacist], nominated by the Government of each of the said other participating 3 (b) [b] Substituted for 'Provincial', 'Provinces' or 'Pruvincial Government' by A.L.O., 1950. [States], and where the agreement so provides, the composition of the 3 (b) [b] Substituted for 'Provincial', 'Provinces' or 'Pruvincial Government' by A.L.O., 1950. [State] Council shall be deemed to be augmented accordingly. SECTION 20 : Inter-State agreements (1) Two or more 3 (a) [a] Substituted for the words "Provincial Government", the word "Province" and "Provinces" by A.L.O., 1950. [State Governments] may enter into an agreement to be in force for such period and to be subject to renewal for such further periods, if any, as may be specified in the agreement, to provide- (a) for the constitution of a Joint 3 (a) [a] Substituted for the words "Provincial Government", the word "Province" and "Provinces" by A.L.O., 1950. [State] Council for all the participating 3 (a) [a] Substituted for the words "Provincial Government", the word "Province" and "Provinces" by A.L.O., 1950. [States], or (b) that the 3 (a) [a] Substituted for the words "Provincial Government", the word "Province" and "Provinces" by A.L.O., 1950. [State] Council of one 3 (a) [a] Substituted for the words "Provincial Government", the word "Province" and "Provinces" by A.L.O., 1950. [State] shall serve the needs of the other participating 3 (a) [a] Substituted for the words "Provincial Government", the word "Province" and "Provinces" by A.L.O., 1950. [States]. (2) In addition to such matters as are in this Act specified, an agreement under this section may- (a) provide for the apportionment between the participating 3 (a) [a] Substituted for the words "Provincial Government", the word "Province" and "Provinces" by A.L.O., 1950. [States] of the expenditure in connection with the 3 (a) [a] Substituted for the words "Provincial Government", the word "Province" and "Provinces" by A.L.O., 1950. [State] Council or Joint 3 (a) [a] Substituted for the words "Provincial Government", the word "Province" and "Provinces" by A.L.O., 1950. [State] Council; (b) determine which of the participating 3 (a) [a] Substituted for the words "Provincial Government", the word "Province" and "Provinces" by A.L.O., 1950. [Stale Governments] shall exercise the several functions of the 3 (a) [a] Substituted for the words "Provincial Government", the word "Province" and "Provinces" by A.L.O., 1950. [State Government] under this Act, and the references in this Act to the 3 (a) [a] Substituted for the words "Provincial Government", the word "Province" and "Provinces" by A.L.O., 1950. [State Government] shall be construed accordingly; (c) provide for consultation between the participating 3 (a) [a] Substituted for the words "Provincial Government", the word "Province" and "Provinces" by A.L.O., 1950. [State Governments] either generally or wilh 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 3 (a) [a] Substituted for the words "Provincial Government", the word "Province" and "Provinces" by A.L.O., 1950. [States]. SECTION 21 : Composition of Joint State Councils ( 1 ) A Joint 3 (a) [a] Substituted for the word "Province", 'Provinces' and the words 'Provincial Government' by A.L.O., 1950. [State] Council shall consist of the following members namely :- (a) such number of members, being not less than three and not more than five as the agreement shall provide elected from amongst themselves by the registered pharmacists of each of the participating 3 (a) [a] Substituted for the word "Province", 'Provinces' and the words 'Provincial Government' by A.L.O., 1950. [States]; (b) such number of members being nut less than two and not more than four as the agreement shall provide, nominated by each participating 3 (a) [a] Substituted for the word "Province", 'Provinces' and the words 'Provincial Government' by A.L.O., 1950. [State Government]; (c) one member elected from amongst themselves by the members of each Medical Council or the Council of Medical Registration of each participating 3 (a) [a] Substituted for the word "Province", 'Provinces' and the words 'Provincial Government' by A.L.O., 1950. [State], as the case may be; (d) the chief administrative medical officer of each participating 3 (a) [a] Substituted for the word "Province", 'Provinces' and the words 'Provincial Government' by A.L.O., 1950. [State], ex officio, or if he is unable to attend any meeting, a person authorized by him in writing to do so;3 (b) [b] Inserted by the Pharmacy (Amendment) Act, 1959 (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 3 (c) [c] Substituted for the words and figures "Drugs Act. 1940" by the Pharmacy (Amendment) Act, 1976 (70 of 1976), S.14(1-9-1976). [ (Drugs and Cosmetics Act, 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 3 (c) [c] Substituted for the words and figures "Drugs Act. 1940" by the Pharmacy (Amendment) Act, 1976 (70 of 1976), S.14(1-9-1976). [ (Drugs and Cosmetics Act, 1940) ] of each participating 3 (a) [a] Substituted for the word "Province", 'Provinces' and the words 'Provincial Government' by A.L.O., 1950. [State], ex officio, or where there is more than one in any such 3 (a) [a] Substituted for the word "Province", 'Provinces' and the words 'Provincial Government' by A.L.O., 1950. [State], such one as the 3 (a) [a] Substituted for the word "Province", 'Provinces' and the words 'Provincial Government' by A.L.O., 1950. [State Government] may appoint in this behalf. (2) The agreement may provide that within the limits specified in Cls. (a) and (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 3 (a) [a] Substituted for the word "Province", 'Provinces' and the words 'Provincial Government' by A.L.O., 1950. [State]. (3) Of the members nominated by each 3 (a) [a] Substituted for the word "Province", 'Provinces' and the words 'Provincial Government' by A.L.O., 1950. [State Government] under Cl. (b) of sub-section ( 1 ), 3 (d) [d] Substituted lor the words "at least half" and "members of the pharmaceutical profession", the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959) . [more than half] shall be persons possessing a prescribed degree or diploma in pharmacy or pharmaceutical chemistry or 3 (d) [d] Substituted lor the words "at least half" and "members of the pharmaceutical profession", the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959) . [registered pharmacists]. SECTION 22 : Incorporation of State Councils Every 3 (a) [a] Substituted for the word 'Province' and the words 'Provincial Government' 'Provincial Council' by A.L.O., 1950. [State] Council shall be a body corporate by such name as may be notified by the 3 (a) [a] Substituted for the word 'Province' and the words 'Provincial Government' 'Provincial Council' by A.L.O., 1950. [State Government] in the Official Gazette or, in the case of a Joint 3 (a) [a] Substituted for the word 'Province' and the words 'Provincial Government' 'Provincial Council' by A.L.O., 1950. [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. SECTION 23 : President and Vice-President of State Council ( 1 ) The President and Vice-President of the 3 (a) [a] Substituted for the word 'Provincial' and the words 'Provincial Government' by A.L.O., 1950. [State] Council shall be elected by the members from amongst themselves : Provided that for five years from the first constitution of the 3 (a) [a] Substituted for the word 'Provincial' and the words 'Provincial Government' by A.L.O., 1950. [State] Council the President shall be a person nominated by the 3 (a) [a] Substituted for the word 'Provincial' and the words 'Provincial Government' by A.L.O., 1950. [State Government] who shall hold office at the pleasure of the 3 (a) [a] Substituted for the word 'Provincial' and the words 'Provincial Government' by A.L.O., 1950. [State Government] and where he is not already a member, shall be a member of the 3 (a) [a] Substituted for the word 'Provincial' and the words 'Provincial Government' by A.L.O., 1950. [State] Council in addition to the members referred to in (Section 19) or (Section 21) , as the case may be. (2) 3 (b) [b] Substituted for the words "An elected President", by the Pharmacy (Amendment) Act, 1976 (70 of 1976), S. 15 (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 3 (a) [a] Substituted for the word 'Provincial' and the words 'Provincial Government' by A.L.O., 1950. [State] Council, but subject to his being a member of the 3 (a) [a] Substituted for the word 'Provincial' and the words 'Provincial Government' by A.L.O., 1950. [State] Council, he shall be eligible for re-election. 3 (c) [c] Inserted, the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [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 full term for which he is elected as President or Vice-President.] SECTION 24 : Mode of elections Elections under this Chapter shall be conducted in the prescribed manner, and where any dispule arises regarding any such election, it shall be referred to the 3 (a) [a] Substituted for the words 'Provincial Government'' by A.L.O., 1950. [State Government] whose decision shall be final. SECTION 25 : Term 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 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 3 (a) [a] Substituted for the words "Provincial' and 'Province' by A.L.O., 1950. [State] Council from three consecutive meetings of the 3 (a) [a] Substituted for the words "Provincial' and 'Province' by A.L.O., 1950. [State] Council, or if he is elected under clause (a) or (c) of (section 19) or (Section 21) , if he ceases to be a registered pharmacist or ceases to be a member of the Medical Council or Council of Medical Registration of the 3 (a) [a] Substituted for the words "Provincial' and 'Province' by A.L.O., 1950. [State], as the case may be. (4) A casual vacancy in the 3 (a) [a] Substituted for the words "Provincial' and 'Province' by A.L.O., 1950. [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 3 (a) [a] Substituted for the words "Provincial' and 'Province' by A.L.O., 1950. [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 3 (a) [a] Substituted for the words "Provincial' and 'Province' by A.L.O., 1950. [State] Council. (6) Members of the 3 (a) [a] Substituted for the words "Provincial' and 'Province' by A.L.O., 1950. [State] Council shall be eligible for re-nomination or re-election. SECTION 26 : Staff, remuneration and allowances The 3 (a) [a] Substituted for the word 'Provincial' and the words 'Provincial Government' by A.L.O., 1950. [State] Council may, with the previous sanction of the 3 (a) [a] Substituted for the word 'Provincial' and the words 'Provincial Government' by A.L.O., 1950. [State Government],- (a) appoint a Registrar who shall also act as Secretary and, if so decided by the 3 (a) [a] Substituted for the word 'Provincial' and the words 'Provincial Government' by A.L.O., 1950. [State] Council, treasurer, of the 3 (a) [a] Substituted for the word 'Provincial' and the words 'Provincial Government' by A.L.O., 1950. [State] Council; (b) appoint such other officers and servants as may be required to enable the 3 (a) [a] Substituted for the word 'Provincial' and the words 'Provincial Government' by A.L.O., 1950. [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 3 (a) [a] Substituted for the word 'Provincial' and the words 'Provincial Government' by A.L.O., 1950. [State] Council; (d) fix the rates of allowances payable to members or the 3 (a) [a] Substituted for the word 'Provincial' and the words 'Provincial Government' by A.L.O., 1950. [State] Council : Provided that for the first four years from the first constitution of the 3 (a) [a] Substituted for the word 'Provincial' and the words 'Provincial Government' by A.L.O., 1950. [State] Council, the Registrar shall be a person appointed by the 3 (a) [a] Substituted for the word 'Provincial' and the words 'Provincial Government' by A.L.O., 1950. [State Government], who shall hold office during the pleasure of the 3 (a) [a] Substituted for the word 'Provincial' and the words 'Provincial Government' by A.L.O., 1950. [State Government]. SECTION 26A : Inspection (1) A State Council may, with the previous sanction of the State Government, appoint Injectors having the prescribed qualifications for the purposes of Chapters III, IV and V of this Act. (2) An Inspector may- (a) inspect any premises 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 ncessary for carrying out the purposes of Chapters III, IV and V of this Act or any rules made thereunder. (3) Any person wilfully obstrucing an Inspector exeicise of the powers conferred on him by or under this Act or any rules rnadi.' thereunder snail 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 (S.21 of the Indian Penal Code, 1860) .] SECTION 27 : The Executive Committee (1) The 3 (a) [a] Substituted for the word 'Provincial' by A.L.O., 1950. [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 3 (a) [a] Substituted for the word 'Provincial' by A.L.O., 1950. [State] Council from 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 3 (a) [a] Substituted for the word 'Provincial' by A.L.O., 1950. [State] Council, but, subject to his being a member of the 3 (a) [a] Substituted for the word 'Provincial' by A.L.O., 1950. [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. SECTION 28 : Information to be furnished (1) The 3 (a) [a] Substituted for the word 'Provincial' by A.L.O., 1950. [Slate] Council shall furnish such reports, copies of its minutes and of the minutes of the Executive Committee and abstracts of its accounts to the 3 (a) [a] Substituted for the word 'Provincial' by A.L.O., 1950. [State Government] as the 3 (a) [a] Substituted for the word 'Provincial' by A.L.O., 1950. [State Government] may from time to time require and copies thereof shall be sent to the Central Council. (2) The 3 (a) [a] Substituted for the word 'Provincial' by A.L.O., 1950. [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. CHAPTER 4 : REGISTRATION OF PHARMACISTS SECTION 29 : Preparation and maintenance of register ( 1 ) As soon as may be after this Chapter has taken effect in any 3 (b) [b] Substituted for the word or words 'Province', 'Provincial' 'Provincial Government' by A.L.O., 1950. [State], the 3 (b) [b] Substituted for the word or words 'Province', 'Provincial' 'Provincial Government' by A.L.O., 1950. [State Government] shall cause to be prepared in the manner hereinafter provided a register of pharinacists for the 3 (b) [b] Substituted for the word or words 'Province', 'Provincial' 'Provincial Government' by A.L.O., 1950. [State]. (2) The 3 (b) [b] Substituted for the word or words 'Province', 'Provincial' 'Provincial Government' by A.L.O., 1950. [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. SECTION 29A : Provision in respect of registers of pharmacists for the State of Maharashtra and the State of Gujarat (1) As soon as possible after the date on which the Bombay Slate Pharmacy Council (Reorganisation) Order, 1964, made under (S.4 of the Inter-State Corporations Act, 1957) , comes into force, the Maharashtra State Pharmacy Council shall, notwithstanding anything contained in Ss. 30, 31 and 32. prepare and maintain thereafter a register of the pharmacists for the State of Maharashtra. The register shall include the name of- (a) all pharmacists included in the register of pharmacists for the former State of Bombay duly prepared and maintained under S. 29 whose residential addresses us shown therein on the aforesaid date do not fall in the territories of the State of Gujarat or in the area of the former State of Bombay transferred to the State of Mysore or Rajasthan on the 1st November, 1956, and in the register for the former State of Madhya Pradesh prepared and maintained likewise, whose residential addresses as shown therein on the aforesaid date fall in the territories of the State of Maharashtra : Provided that, the names of the pharmacists in the register of pharmacists for the former State of Madhya Pradesh shall not be included in the register for the State of Maharashtra until the Maharashtra State Pharmacy Council starts functioning and operating in the Vidarbha region of the State of Maharashtra under clause (2) of sub-section (5) of S. 19- A; (b) such other pharmacisis as are entitled to have their names included in a Slate register of pharmacists under S. 32-A. (2) As soon as possible, after die date on which the Bombay State Pharmacy Council (Reorganisation) Order, 1964, issued under (S.4 of the Inter-State Corporations Act, 1957) , comes into force, the Gujarat State Pharmacy Council shall, notwithstanding anything contained in (section 30) , (Section 31) and (Section 32) prepare and maintain thereafter a register of pharmacists for the State of Gujarat. The register shall include the names of -- (a) all pharmacisis included in the register of pharmacists for the former State of Bombay duly prepared and maintained under S. 29, whose residential addresses as shown therein on the aforesaid date, fall in the territories of the State of Gujarat, and (b) such other pharmacists as are entitled to have their names included in a State register of pharmacists under S. 32-A. (3) Until the register of pharmacists for the State of Maharashtra or the State of Gujarat is prepared under sub- section (1) or (2), as the case may be, the register duly maintained under S. 29 and in force immediately before the date specified in sub-section (1 ), in the Bombay area of the State of Maharashtra and the Bombay area of the State of Gujarat, as the case may be shall he deemed to be the register of pharmacists for that part of the State of Maharashtra or the State of Gujarat, as the case may be, in which it was in force. (4) All pharmacists included in the register for the former State of Bombay duly prepared and maintained under S. 29, whose residential addresses as shown tiierein on the date specified in subsection (1) fall in the area of former State of Bombay transferred to the new State of Mysore or the area of the former State of Bombay transferred to the new State of Rajasthan, shall be entitled to have their names ineluded in the register of pharmacists for the State of Mysore or the State of Rajasthan, as the case may he, without being required to pay the prescribed fee." SECTION 30 : Preparation of first register ( 1 ) For the purpose of preparing the first register, the 3 (a) [a] Substituted for the words or word 'Provincial Government', 'Provincial' by A.L.O., 1950. [State Government] shall by notification in the Official Gazette constitute a Registration Tribunal consisting of three persons, and shall also appoint a Register who shall act as Secretary of the Registration Tribunal. (2) The 3 (a) [a] Substituted for the words or word 'Provincial Government', 'Provincial' by A.L.O., 1950. [State Government] shall, by the same or a like notification, appoint a date on or before which applications 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 3 (a) [a] Substituted for the words or word 'Provincial Government', 'Provincial' by A.L.O., 1950. [State Government] may direct, and any 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 3 (a) [a] Substituted for the words or word 'Provincial Government', 'Provincial' by A.L.O., 1950. [State Government] in this behalf by notification in the Official Gazette. (5) The Registrar shall amend the register in accordance with the decisions 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 3 (a) [a] Substituted for the words or word 'Provincial Government', 'Provincial' by A.L.O., 1950. [State] Council, the register shall be given into its custody, and the 3 (a) [a] Substituted for the words or word 'Provincial Government', 'Provincial' by A.L.O., 1950. [State Government] may direct that all or any specified part of the application tees tor registration in the first register shall be paid to the credit of the 3 (a) [a] Substituted for the words or word 'Provincial Government', 'Provincial' by A.L.O., 1950. [State Council.] SECTION 31 : Qualifications for entry on first register 3 (a) [a] Substituted for the words "A person shall be entitled" by the Pharmacy (Amendment) Act, 1959 (24 of 1959), S. 9 (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 3 (b) [b] Substituted for the word or words "Province", "Provincial Government" by A.L.O., 1950. [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 3 (a) [a] Substituted for the words "A person shall be entitled" by the Pharmacy (Amendment) Act, 1959 (24 of 1959), S. 9 (w.e.f. 1-5-1960). [State Government], as the case may be, or a prescribed qualification granted by an authority outside 3 (c) [c] Words "the provinces of" were omitted by A.L.O., 1950 (26-1-1950). [* * *] 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 of medical practitioners or a total period of not less than three years; or (c) has passed an examination recognised as adequate by the 3 (b) [b] Substituted for the word or words "Province", "Provincial Government" by A.L.O., 1950. [State Government] for compounders 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 S. 30. SECTION 32 : Qualifications 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 3 (a) [a] Substituted for the word "Province'' by A.L.O., 1950. [State]. 3 (b) [b] Substituted for the words "a person shall on payment ot the prescribed fee", by the Pharmacy (Amendment) Act; 1959 (24 of 1959), S. 10 (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 3 (a) [a] Substituted for the word "Province'' by A.L.O., 1950. [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 3 (c) [c] Substituted for the words "under this sub-section", the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [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 3 (a) [a] Substituted for the word "Province'' by A.L.O., 1950. [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 3 (d) [d] Substituted for the words "twenty-one years", the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [eighteen years], if he resides, or carried on the business or profession of pharmacy, in the 3 (a) [a] Substituted for the word "Province'' by A.L.O., 1950. [State] and if he has passed an approved examination or possesses a qualification approved under (section 14) , 3 (e) [e] Inserted, the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [or is a registered pharmacist in another State.] SECTION 32A : Special provisions for registration of certain persons 3 (a) [a] Inserted by the Pharmacy (Amendment) Act, 1959 (24 of 1959), S. 11 (w.e.f. 1-5-1960). [ (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 State 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 or 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 or an approved examination or of their not possessing a qualification approved under S. 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 a 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, 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 rernain in operation for a period of two years from the commencement of the Pharmacy (Amendment) Act, 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. SECTION 32B : Special provisions for registration of displaced persons, repatriates and other persons 3 (a) [a] Inserted by the Pharmacy (Amendment) Act, 1976 (70 of 1976), S. 17 (1-9-1976). [ (1) Notwithstanding anything contained in (section 32) , a State Council may permit to be entered on the register- (a) the name of persons who possess the qualifications specified in Cl. (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 31 st December, 1969 for compounding or dispensing of medicines under (Drugs and Cosmetics Act, 1940) and the rules made thereunder. (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. (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.] SECTION 33 : Scrutiny 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 3 (a) [a] Substituted for the word 'Provincial' by A.L.O., 1950. [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 3 (a) [a] Substituted for the word 'Provincial' by A.L.O., 1950. [State] shall be entitled to have his name entered in the register except with the approval of the 3 (a) [a] Substituted for the word 'Provincial' by A.L.O., 1950. [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 3 (a) [a] Substituted for the word 'Provincial' by A.L.O., 1950. [State] Council, and the decision of the 3 (a) [a] Substituted for the word 'Provincial' by A.L.O., 1950. [State] Council thereon shall be final. (4) Upon entry in the register of a name under this section, the Registrar shall issue a certificate of registration in the prescribed form. SECTION 34 : Renewal fees ( 1 ) The 3 (a) [a] Substituted for the words or the word 'Provincial Government', 'Provincial' by A.L.O., 1950. [State Government] may, by notification in the Official Gazette direct that for the retention of a name on the register after the 31 st day of December of the year following the year in which the name is first entered on the register, there shall be paid annually to the 3 (a) [a] Substituted for the words or the word 'Provincial Government', 'Provincial' by A.L.O., 1950. [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 register on such conditions as may be prescribed. (3) On payment of the renewal fee. the Registrar shall tissue a receipt therefor and such receipt shall be proof of renewal of registration]. SECTION 35 : Entry of additional qualifications 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. SECTION 36 : Removal 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, 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 misrepresentation 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 person employed by him for the purposes of his business of pharmacy 3 (a) [a] Inserted by the Pharmacy (Amendment) Act, 1959 (24 of 1959), Section 13 (with effect from 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 the 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 3 (a) [a] Inserted by the Pharmacy (Amendment) Act, 1959 (24 of 1959), Section 13 (with effect from 1 -5-1960). [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 the offence is an offence under the 3 (c) [c] Substituted for the words and figures "Drugs Act, 1940" by the Pharmacy (Amendment) Act, 1976 (70 of 1976), S. 18 (1-9-1976). [ (Drugs and Cosmetics Act 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 him 3 (a) [a] Inserted by the Pharmacy (Amendment) Act, 1959 (24 of 1959), Section 13 (with effect from 1 -5-1960). [or by persons under his control]. (2) An order under sub-section ( 1 ) may direct that the person whose name is ordered to be removed from the register shall be ineligible for registration in the 3 (b) [b] Substituted for the words or the word 'Provincial Government' 'Provincial' by A.L.O. 1950. [State] under this Act either permanently or for such period as may be specified. (3) An order under sub-section (1) shall be subject to confirmation by the 3 (b) [b] Substituted for the words or the word 'Provincial Government' 'Provincial' by A.L.O. 1950. [State] Council and shall not take effect until the expiry of three months from the date of such confirmation. (4) A person aggrieved by an order under sub-section (1) which has been confirmed by the 3 (b) [b] Substituted for the words or the word 'Provincial Government' 'Provincial' by A.L.O. 1950. [State] Council may, within thirty days from the communication to him of such confirmation, appeal to the 3 (b) [b] Substituted for the words or the word 'Provincial Government' 'Provincial' by A.L.O. 1950. [State Government], and the order of the 3 (b) [b] Substituted for the words or the word 'Provincial Government' 'Provincial' by A.L.O. 1950. [State Government] upon such appeal shall befinal. (5) A person whose name has been removed from the register under this section or under sub- section (2) of (section 34) shall forthwith surrender his certificate of registration to the Registrar, and the name so removed shall be published in the Official Gazette. SECTION 37 : Restoration to register The 3 (a) [a] Substituted for the word and words 'Provincial', 'Provincial Government' by A.L.O., 1950. [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 register shall be restored thereto : Provided that where an appeal against such removal has been rejected by the 3 (a) [a] Substituted for the word and words 'Provincial', 'Provincial Government' by A.L.O., 1950. [State Government], an order under this section shall not take effect until it has been confirmed by the 3 (a) [a] Substituted for the word and words 'Provincial', 'Provincial Government' by A.L.O., 1950. [State Government]. SECTION 38 : Bar of other jurisdiction No order refusing to enter a name of the register or removing a name from the register shall be called in question in any Court.] SECTION 39 : Issue 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 prescribed fee, issue a duplicate certificate in the prescribed form. SECTION 40 : Printing 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 Registrar shall cause to be printed copies of the register as it stood on the said date. (2) The Registrar shall thereafter cause to be printed as soon as may be after the 1st day of April in each year copies of the annual supplement to the register referred to in sub-section (1), showing all additions to, and other amendments in, the said register. (3) (a) The register shall be brought up to date three months before ordinary elections to the State Council are held and copies of this register shall be printed. (b) The provisions of sub-section (2) shall apply to the register as so printed as they apply to the register referred to in sub-section (1). (4) The copies referred to in sub-section (1) or sub-section (2) or sub-section (3) shall be made available to persons applying therefor on payment of the prescribed charge and shall be evidence that on the date referred to in the register or annual supplement, as the case may be, the persons whose names are entered therein were registered pharmacists.] CHAPTER 5 : MISCELLANEOUS SECTION 41 : Penalty for falsely claiming to be registered (1) If any person whose name is not for the time being entered in the register of the 3 (b) [b] Substituted for the word or words 'Provincial', 'Provincial Government' by A.L.O., 1950. [State] falsely pretends that it is so entered or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable on first conviction with fine which may extend to five hundred rupees and on any subsequent conviction with imprisonment extending to six months or with fine not exceeding one thousand rupees or with both : Provided that it shall be a defence to show that the name of the accused is entered in the register of another 3 (b) [b] Substituted for the word or words 'Provincial', 'Provincial Government' by A.L.O., 1950. [State] and that at the time of the alleged offence under this section an application for registration in the 3 (b) [b] Substituted for the word or words 'Provincial', 'Provincial Government' by A.L.O., 1950. [State] had been made. (2) For the purposes of this section,- (a) it shall be immaterial whether or not any person is deceived by such pretence or use as aforesaid; (b) the use of the description 'pharmacist', 'chemist', 'druggist', 'pharmaceutist', 'dispenser', 'dispensing chemist', or any combination of such words 3 (c) [c] Inserted by the Pharmacy (Amendment) Act, 1959 (24 of 1959), S. 15(1-5-1960). [or of any such word with any other word] shall be deemed to be reasonably calculated to suggest that the person using such description is a person whose name is for the time being entered in the register of the 3 (b) [b] Substituted for the word or words 'Provincial', 'Provincial Government' by A.L.O., 1950. [State]. (c) the onus of proving that the name, of a person is for the time being entered in the register of a 3 (b) [b] Substituted for the word or words 'Provincial', 'Provincial Government' by A.L.O., 1950. [State] shall be on him who asserts it. (3) Cognizance of an offence punishable under this section shall not be taken except upon complaint made by order of the 3 (b) [b] Substituted for the word or words 'Provincial', 'Provincial Government' by A.L.O., 1950. [State Government] or 3 (c) [c] Inserted by the Pharmacy (Amendment) Act, 1959 (24 of 1959), S. 15(1-5-1960). [any officer authorized in this behalf by the State Government' or by order of] the Executive Committee of the 3 (b) [b] Substituted for the word or words 'Provincial', 'Provincial Government' by A.L.O., 1950. [State] Council. SECTION 42 : Dispensing by unregistered persons (1) On or after such date as the 3 (a) [a] Substituted lor the word 'Provincial' by A.L.O., 1950. [State Government] may by notification in the Official Gazette appoint in this behalf, no person other than a registered pharmacist shall compound, prepare, mix, or dispense any medicine on the prescription of a medical practitioner 3 (b) [b] The words except under the direct and personal supervision of a registered pharmacist' were omitted by the Pharmacy Amendment) Act, 1959 (24 of 1959), Section 16 (with effect from 1-5-1960). [* * *] : Provided that this sub-section shall not apply to the dispensing by a medical practitioner of medicine for his own patients, or with the general or special sanction of the 3 (a) [a] Substituted lor the word 'Provincial' by A.L.O., 1950. [State Government], for the patients of another medical practitioner : 3 (d) [d] Added by the Pharmacy (Amendment) Act, '1976 (70 of 1976). S. 19 (1-9-1976). [Provided further that where no such date is appointed by the Government of a State, this sub-section shall take effect in that State on the expiry of a period of 3 (e) [e] Substituted for the words "five years" by the Pharmacy (Amendment) Act, 1982 (22 of 1982), S. 2 (w.r.e.f. 1-9- 1981). [eight years] from the commencement of the Pharmacy (Amendment) Act. 1976.] (2) Whoever contravenes the provisions of sub-section (1) 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. (3) Cognizance of an offence punishable under this section shall not be taken except upon complaint made by 3 (c) [c] Substituted .or the words 'an order of the Slate Government', the Pharmacy (Amendment) Act, 1959 (24 of 1959), section 4 (with effect from 17-10.1959). [order of the State Government or any officer authorised in this behalf by the State Government, or by order of the Executive Committee of the State Council]. SECTION 43 : Failure 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 shall be punishable with fine which may extend to fifty rupees. (2) Cognizance of an offence punishable under this section shall not be taken except upon complaint made by an order of the Executive Committee. SECTION 44 : Payment of part of fees to Central Council The 3 (a) [a] Substituted for the word 'Provincial' by A.L.O., 1950. [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 realised by the 3 (a) [a] Substituted for the word 'Provincial' by A.L.O., 1950. [State] Council under this Act during the period of twelve months ending on the 31st day of March of that year. SECTION 45 : Appointment 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 appoint a Commission of Enquiry consisting of three persons, two of whom shall be appointed by the Central Government, one being the Judge of a High Court, and one by the Council; and refer to it the matters on which the enquiry is to be made. (2) The Commission shall proceed to enquire in such manner as it may deem fit and report to the Central Government on the matters referred to it together with such remedies, if any, as the Commission may like to recommend. (3) The Central Government may accept the report or remit the same to the Commission for modification or reconsideration. (4) After the report is finally accepted, the Central Government may order the Central Council to adopt the remedies so recommended within such time as may be specified in the order and if the Council fails to comply within .the time so specified, the Central Government may pass such order or take such action as may be necessary to give effect to the recommendations of the Commission. (5) Whenever it appears to the 3 (a) [a] Substituted for the words 'Provincial Government' or 'Provincial' by A.L.O., 1950. [State Government] that the 3 (a) [a] Substituted for the words 'Provincial Government' or 'Provincial' by A.L.O., 1950. [State] Council is not complying with any of the provisions of this Act, the 3 (a) [a] Substituted for the words 'Provincial Government' or 'Provincial' by A.L.O., 1950. [State Government] may likewise appoint a similar Commission of Enquiry and pass such order or take such action as specified in sub-sections (3) and- (4). SECTION 46 : Power to make rules ( 1 ) The 3 (a) [a] Substituted for the words 'Provincial Government' or 'Provincial' by A.L.O., 1950. [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 without prejudice to the generality of the foregoing power 'such rules may provide for- (a) the management of the property of the 3 (a) [a] Substituted for the words 'Provincial Government' or 'Provincial' by A.L.O., 1950. [State] Council, and the maintenance and audit of its accounts: (b) the manner in which elections under Chapter III shall be conducted; (c) the summoning and holding of meetings of the 3 (a) [a] Substituted for the words 'Provincial Government' or 'Provincial' by A.L.O., 1950. [State] Council, the times and places at which such meetings shall be held, the conduct of business thereat and the number of members necessary to form a quorum; (d) the powers and duties of the President and Vice-President of the 3 (a) [a] Substituted for the words 'Provincial Government' or 'Provincial' by A.L.O., 1950. [State] Council; (e) the constitution and functions of the Executive Committee, the summoning and holding of meetings thereof, the times and places at which such meetings shall be held, and the number of members necessary to constitute a quorum; (f) the qualifications, the term of office and the powers and duties of the Registrar and other officers and servants of the 3 (a) [a] Substituted for the words 'Provincial Government' or 'Provincial' by A.L.O., 1950. [State] Council, including the amount and nature of the security to be given by the Treasurer; [(ff) the qualifications, powers and duties of an Inspector;] (g) the particulars to be stated, and the proof of qualifications to be given, in applications for registration under Chapter IV; (h) the conditions for registration under sub-section (1) of (section 32); (i) fees payable under Chapter IV and the charge for supplying copies of the register;. (j) the form of certificates of registration [* * *]; (k) the maintenance of a register; [(kk) the conduct of pharmacists and their duties in relation to medical practitioners, the public and the profession of pharmacy;] (l) any other matter which is to be or may be prescribed under Chapters III, IV and V except sub-sections ( 1 ), (2), (3) and (4) of (section 45) |
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