LexThe pharmacy act, 1948
Maharashtra · state statute
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THE PHARMACY ACT, 1948
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ARRANGEMENT OF SECTIONS
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CHAPTER I
INTRODUCTORY
SECTIONS
1. Short title, extent and commencement.
2. Interpretation.
CHAPTER II
THE PHARMACY COUNCIL OF INDIA
3. Constitution and composition of Central Council.
4. Incorporation of Central Council.
5. President and Vice-President of Central Council.
6. Mode of elections.
7. Term of office and casual vacancies.
8. Staff, remuneration and allowances.
9. The executive committee.
9A. Other Committees.
10. Education Regulations.
11. Application of Education Regulations to States.
12. Approved courses of study and examinations.
13. Withdrawal of approval.
14. Qualifications granted outside the territories to which this Act extends.
15. Mode of declarations.
15A. The Central Register.
15B. Registration in the Central Register.
16. Inspection.
17. Information to be furnished.
17A. Accounts and audit.
18. Power to make regulations.
CHAPTER III
STATE PHARMACY COUNCILS
19. Constitution and composition of State Councils.
20. Inter-State agreements.
21. Composition of Joint State Councils.
22. Incorporation of State Councils.
23. President and Vice-President of State Council.
24. Mode of elections.
25. Term of office and casual vacancies.
26. Staff, remuneration and allowances.
26A. Inspection.
27. The Executive Committee.
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SECTIONS
28. Information to be furnished.
CHAPTER IV
REGISTRATION OF PHARMACISTS
29. Preparation and maintenance of register.
30. Preparation of first register.
31. Qualifications for entry on first register.
32. Qualifications for subsequent registration.
32A. Special provisions for registration of certain persons.
32B. Special provisions for registration of displaced persons, repatriates and other persons.
33. Scrutiny of applications for registration.
34. Renewal fees.
35. Entry of additional qualifications.
36. Removal from register.
37. Restoration to register.
38. Bar of other jurisdiction.
39. Issue of duplicate certificates of registration.
40. Printing of register and evidentiary value of entries therein.
CHAPTER V
MISCELLANEOUS
41. Penalty for falsely claiming to be registered.
42. Dispensing by unregistered persons.
43. Failure to surrender certificate of registration.
44. Payment of part of fees to Central Council.
45. Appointment of Commission of Enquiry.
46. Power to make rules.
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THE PHARMACY ACT, 1948
ACT NO. 8 OF 19481
[4th March, 1948.]
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 I
INTRODUCTORY
1. Short title, extent and commencement.—(1) This Act may be called the Pharmacy Act, 1948.
2[(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 pa rticular State
from such date 3*** as the State Government may, by notification in the Official Gazette, appoint in this
behalf:
4[Provided that where on account of the territorial changes brought about by the reorganisation of
States on the 1st day of Nov ember, 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 Governme nt
may in like manner appoint.]
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;
5[(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 15A;
(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 section 3 of the University
Grants Commission Act, 1956 (3 of 1956), and includes su ch other institutions, being institutions
established by or under a Central Act, as the C entral Government may, by notification in the Official
Gazette, specify in this behalf;]
6[(f) “medical practitioner” means a person—
(i) holding 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
1. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule ; to Pondcherry by Reg. 7
of 1963, s. 3 and the First Schedule; to Goa, and Diu by Reg. 11 of 1963, s. 3 and the Schedule and to Lakshadweep by Reg. 8 of
1965, s. 3 and the Schedule.
The Act has been modified in its application to the States of Maharashtra, Gujarat, Myso re and Rajasthan by S.O. 2814, dated
14-8-1964, Gazette of India, 1964, Extraordinary, Part II, sec. 3(ii).
The Act has been modified in its application to the State of Tamil Nadu by the Madras Adaptation of Laws (Central Acts)
Order, 1957 and the Madras Adaptation of Laws (Central Acts) Order, 1961.
2. Subs. by Act 24 of 1959, s. 2, for sub-section (2) (w.e.f. 1-5-1960).
3. The words “not later than three years from the commencement of this Act,” omitted by s. 2, ibid. (w.e.f. 1-5-1960).
4. Ins. by s. 2, ibid. (w.e.f. 1-5-1960).
5. Subs. by Act 70 of 1976, s. 2, for clauses (c), (d) and (e) (w.e.f. 1-9-1976).
6. Subs. by Act 24 of 1959, s. 3, for clause (f) (w.e.f. 1-5-1960).
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(ii) registered or eligible for regi stration 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 practis ing 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 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;
1[(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 in the
register of the State in which he is for the time being residing or carrying on his prof ession or
business of pharmacy;
(j) “State Council” means a State Council of Pharmacy constituted 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
section 4 of the University Grants Commission Act,1956 (3 of 1956).]
2* * * * *
CHAPTER II
THE PHARMACY COUNCIL OF INDIA
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 an d pharmacognosy elected by the 3[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 4[four] shall be person 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 o f 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;
5[(dd) the Drugs Controller, India, ex officio or if he is unable to attend any meeting, a person
authorised by him in writing to do so;]
(e) the Director of the Central Drugs Laboratory, ex officio;
6[(f) a representative of the University Grants Commission and a representative of the All India
Council for Technical Education;]
1. Subs. by Act 70 of 1976, s. 2, for clauses (h), (i) and (j) (w.e.f. 1-9-1976).
2. Omitted by Act 24 of 1959, s. 3 (w.e.f. 1-5-1960).
3. Subs. by Act 70 of 1976, s. 3, for “authority known as the Inter-University Board” (w.e.f. 1-9-1976).
4. Subs. by s. 3, ibid., for “three” (w.e.f. 1-9-1976).
5. Ins. by Act 24 of 1959, s. 4 (w.e.f. 1-5-1960).
6. Subs. by Act 70 of 1976, s. 3, for clause (f) (w.e.f. 1-9-1976).
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(g) one member to represent each 1*** State elected 2[from amongst themselves] by the members
of each State Council, who shall be a registered pharmacist;
(h) one member to represent each 1*** State nominated by 3[the] State Government, who shall be
4*** a registered pharmacist:
5[Provided that for five years from the date on which the Pharmacy (Amendment) Act, 1976
(70 of 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.]
6* * * * *
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 immovabl e, and shall by the said name sue
and be sued.
5. President and Vic e-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.
7* * * * *
(2) 8[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 member of the Central Council, but subject to his
being a member of the Central Council, he shall be eligible for re-election:
9[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.]
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.
7. Term of office and casual vacancies .—(1) Subject to the provisions of this section, a nominated
or elected member 10*** 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 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.
1. The word and letter “Part A” omitted by the Adaptation of Laws (No. 3) Order, 1956.
2. Ins. by Act 70 of 1976, s. 3 (w.e.f. 1-9-1976).
3. Subs. by the Adaptation of Laws (No. 3) Order, 1956, “each such”.
4. The words “either a registered medical practitioner or” omitted by Act 70 of 1976, s. 3 (w.e.f. 1-9-1976).
5. Subs. by s. 3, ibid., for the proviso (w.e.f. 1-9-1976).
6. The Explanation omitted by s. 3, ibid. (w.e.f. 1-9-1976).
7. The proviso omitted by Act 24 of 1959, s. 5 (w.e.f. 1-5-1960).
8. Subs. by Act 7 of 1976, s. 4, for “An elected President” (w.e.f. 1-9-1976).
9. Added by s. 4, ibid. (w.e.f. 1-9-1976).
10. The words “other than a nominated President” omitted ibid., s. 5 (w.e.f. 1-9-1976).
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(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 re- nomination or re-election.
1[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 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 pa y and allowances and other conditions of service of officers and servants of that
Council.]
9. The Executive Commitee.—(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 Co uncil from amongst its
members.
(2) A member of the Executive Committee shall hold office as such until the expiry of his ter m of
office 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) 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.
2[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 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.]
10. Education Regulations.—(1) Subject to t he provisions of this section, the Central Council may,
subject to the approval of the 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 Educa tion
Regulations may prescribe—
(a) the nature and period of study and of practical training to be undertaken befo re 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.
1. Subs. by Act 70 of 1976, s. 6, for section 8 (w.e.f. 1-9-1976).
2. Ins. by s. 7, ibid. (w.e.f. 1-9-1976).
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(3) Copies of the draft of the Educ ation 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 Ce ntral
Government for approval under sub -section ( 1) 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 G azette 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 amendmen ts thereof as it
may think fit.
11. Application of Education Regulations to States.—At any time after the constitution of the State
Council under Chapter III and after consultation with the State Council, the State Government may, by
notification in the Offic ial Gazette, declare that the Education Regulations s hall 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 constitution of the State Council.
12. Approved courses of study and exami nations.—(1) Any au thority in a State 1*** 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 the Education Regulations, 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 State 1*** 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) Ev ery authority in the States 1*** 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.
13. Withdrawal of approval .—(1) Where the Executive Comm ittee reports to th e Central Council
that an approved course of study or an approved examination does not continue to be in con formity with
the 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 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 State 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 may be, before a specified date.
14. Qualifications granted outside the territo ries to which this Act extends .—The Central
Council, if it is satisfied that any qualification in pharmacy granted by an authority outside the 2[territories
to which this Act extends], affords a sufficient guarantee of the requisite skill and knowledge, may
declare such qualification to be an approved quali fication 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
1. The words “of India” omitted by the A.O. 1950.
2. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part A States and Part C States”
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shall be deemed 1[subject to such additional conditions, if any, as may be specified by the C entral
Council,] to be approved only when granted before or after a specified date:
Provided that no person other than a 2[citizen of India] possessing such qualification shall be deemed
to be qualified for registration unless by the law and practice of th e State or country in which the
qualification is granted, persons of Indian origin holding such qualification are permitted to enter and
practise the profession of pharmacy.
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.
3[15A. The Central Register.—(1) The Central Counc il 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 th e
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 the Indian
Evidence Act, 1872 (1 of 1872) and may be proved by the production of a copy of the Register as
published in the Gazette of India.
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.]
16. Inspection .—(1) The Executive Committee may appoint such number of Inspectors as it may
deem requisite for 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 o f the examination, but he shall report to Executive Committee on the sufficiency of every
examination he attends and on any other matter in regard to which the Executive Commi ttee 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 Gov ernment of the State in which the
authority or institution is situated.
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 a nnual report of its activities 4*** to the Central
Government.
1. Ins. by Act 70 of 1976, s. 8 (w.e.f. 1-9-1976).
2. Subs. by the A.O. 1950, for “British subject of Indian domicile”.
3. Ins. by Act 70 of 1976, s. 9 (w.e.f. 1-9-1976).
4. The words “together with an abstract of its accounts” omitted by s. 10, ibid. (w.e.f. 1-9-1976).
9
(2) The Central Government may publish in such manner a s it may think fit any report, 1[or copy],
furnished to it under this section or under section 16.
2[17A. Accounts and audit .—(1) The Central Council shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts, in accordance with such general directions
as may be 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 wi th such audit shall be payable by the Central Council to the
Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor -General of India and any person authorised by him in connection
with the audit of the accounts of the Central Council sha ll 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 comme nts to the Central
Government.]
18. Power to make ragulations.—(1) The Central Council may, with the appro val of the Central
Government, 3[by notification in the Official Gazette,] make regulations consist with this Act to carry out
the purposes of this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power, su ch regulations may
provide for—
4[(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 n ecessary 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 mem bers necessary to
constitute a quorum;
(e) the powers and duties of the President and Vice-President;
(f) the qualifications, the term of office an d the powers and duties of the 5[Registrar, Secretary],
Inspectors and other officers and servants of the Central Council, including the amount and nature of
the security to be furnished by the 6[Registrar or any other officer or servant].
7[(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.]
1. Subs. by Act 70 of 1976, s. 10, for “copy or abstract” (w.e.f. 1-9-1976).
2. Ins. by s. 11, ibid. (w.e.f. 1-9-1976).
3. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
4. Subs. by Act 70 of 1976, s. 12, for clause (a) (w.e.f. 1-9-1976).
5. Subs. by s. 12, ibid., for “Secretary” (w.e.f. 1-9-1976).
6. Subs. by s. 12, ibid., for “Treasurer” (w.e.f. 1-9-1976).
7. Ins. by s. 12, ibid. (w.e.f. 1-9-1976).
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(3) Until regulations are made by the Cent ral 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 conduc ted, 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.
1[(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 i mmediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
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 III
STATE PHARMACY COUNCILS
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 State Government shall
constitute a State Council consisting of the following members, namely:—
(a) six members, elected from amongst themselves by registered pharmacists of the State;
(b) five members, of whom at least 2[three] shall be persons possessing a prescribed degree or
diploma in pharmacy or pharmaceutical chemistry or 3[registered pharmacists], nom inated by the
State Government;
(c) one member elected from amongst themselves by the members of each Medical Council or the
Council of Medical Registration of the State, as the case may be;
(d) the chief administrative medical officer of the State ex-officio or if he is unable to attend any
meeting, a person authorised by him in writing to do so;
4[(dd) the officer -in-charge of drugs control organisation of the State under the 5[Drugs and
Cosmetics Act, 1940 (23 of 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 5[Drugs and Cosmetics Act, 1940 (23 of 1940)], ex officio,
or where there is more than one, such one as the State Government may appoint in this behalf:
Provided that where an agreement i s made under clause ( b) of sub -section ( 1) of section 20, the
agreement may provide that the State Council to serve the needs of the other participating 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 6[registered
pharmacist], nominated by the Government of each of the said other participating States, and where the
agreement so provides, the composition of the State Council shall be deem ed to be augmented
accordingly.
20. Inter-State ageements.—(1) Two or more 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 specifie d
in the agreement, to provide—
(a) for the constitution of a Joint State Council for all the participating States, or
1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
2. Subs. by Act 70 of 1976, s. 13, for “two” (w.e.f. 1-9-1976).
3. Subs. by s. 13, ibid., for “members of the pharmaceutical profession” (w.e.f. 1-9-1976).
4. Ins. by Act 24 of 1959, s. 7 (w.e.f. 1-5-1960).
5. Subs. by Act 70 of 1976, s. 13, for “Drugs Act, 1940 (23 of 1940)” (w.e.f. 1-9-1976).
6. Subs. by s. 13, ibid., for “member of the pharmaceutical profession” (w.e.f. 1-9-1976).
11
(b) that the State Council of one State shall serve the needs of the other participating States.
(2) In addition to such matters as are in this Act specified, an agreement under this section may—
(a) provide for the apportionm ent between the participating States of the expenditure in
connection with the State Council or Joint State Council;
(b) determine which of the participating State Governments shall exercise the several functions of
the State Government under this Act, and the references in this Act to the State Government shall be
construed accordingly;
(c) provide for consultation between the participating State Governments either generally or with
reference to particular matters arising under this Act;
(d) make such incidental a nd ancillary provisions, not in consistent 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 Gazett es of the participating
States.
21. Composition of Joint State Councils.—(1) A Joint 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 agree ment
shall provide elected from amongst themselves by the registered pharmacists of e ach of the
participating States;
(b) such number of members, being not less than two and not more than four as the agreement
shall provide, nominated by each participating 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 State, as the case may be;
(d) the chief administrative medical officer of each participating State, ex officio , or if he is
unable to attend any meeting, a person authorised by him in writing to do so;
1[(dd) the officer -in-charge of drugs control organisation of each participating State under the
2[Drugs and Cosmetics Act, 1940] (23 of 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 2[Drugs and Cosmetics Act, 1940 (23 of 1940) ], of each
participating State, ex officio, or where there is more than one in any such State, such one as the State
Government may appoint in this behalf.
(2) The agreement may provide that within the limits specified in clauses ( 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 State.
(3) Of the members nominated by each State Government under clause ( b) of sub-section (1), 3[more
than half] shall be persons possessing a prescribed degree or diploma in pharmacy or pharmaceutica l
chemistry or 4[registered pharmacists].
22. Incorporation of State Councils.—Every State Council shall be a body corporate by such name
as may be notified by the State Government in the Official Gazette or, in the case of a Joint State 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.
23. President and Vice -President of State Council .—(1) The President and Vice-President of the
State Council shall be elected by the members from amongst themselves:
1. Ins. by Act 24 of 1959, s. 8 (w.e.f. 1-5-1960).
2. Subs. by Act 70 of 1976, s. 14, for “Drugs Act, 1940 (23 of 1940)” (w.e.f. 1-9-1976).
3. Subs. by s. 14, ibid., for “at least half” (w.e.f. 1-9-1976).
4. Subs. by s. 14, ibid., for “members of the pharmaceutical profession” (w.e.f. 1-9-1976).
12
Provided that for five years from the first constitution of the State Council the President shall be a
person nominated by the State Government who shall hold office at the pleasure of the State Government
and where he is not already a member, shall be a member of the State Council in addition to the members
referred to in section 19 or section 21, as the case may be.
(2) 1[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 State Council, but subject to his being
a member of the State Council, he shall be eligible for re-election:
2[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.]
24. 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 State Government
whose decision shall be final.
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 o r elected, whichever is
longer.
(2) A nominated or elected member may at any time resign his membership by writing under his hand
addressed to the President, and the seat of such member shall thereupon become vacant.
(3) A nominated or elected member shall be deemed to have vacated his seat if he is absent without
excuse sufficient in the opinion of the State Council from three consecutive meetings of the State Council,
or if he is elected under clause ( a) or (c) of section 19 or 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 State, as the case
may be.
(4) A casual vacancy in the State Council shall be filled by fresh nomination or election, as the case
may be, and the person nominated or elected to fill the vacancy shall hold office only for the remainder of
the term for which the member whose place he takes was nominated or elected.
(5) No act done by the State Council shall be called in question on the ground merely of the existence
of any vacancy in, or any defect in the constitution of, the State Council.
(6) Members of the State Council shall be eligible for re-nomination or re-election.
26. Staff, remuneration and allowances.—The State Council may, with the previous sanction of the
State Government,—
(a) appoint a Registrar who shall also act as Secretary and, if so decided by the State Council,
Treasurer, of the State Council;
(b) appoint such other officers and servants as may be required to enable the State Council to
carry out its functions under this Act;
(c) fix the salaries and allowances and other conditions of service of the Secretary and other
officers and servants of the State Council;
(d) fix the rates of allowances payable to members of the State Council:
Provided that for the first four years from the first constitution of the State Council, the Registrar shall
be a person appointed by the State Government, who shall hold office during the pl easure of the State
Government.
1. Subs. by Act 70 of 1976, s. 15, for “An elected President” (w.e.f. 1-9-1976).
2. Added by s. 15, ibid. (w.e.f. 1-9-1976).
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1[26A. Inspection.—(1) A State Council may, with the previous sanction of the State Government,
appoint Inspectors having the prescribed qualifications for the purpo ses 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 d rugs is a
registered pharmacist;
(c) investigate any complaint made in writing in respect of any contravention of this Ac t and
report to the Registrar;
(d) institute prosecution under the order of the Executive Committee of the State Council;
(e) exercise such other powers as may be necessary for carrying out the purposes of Chapters III,
IV and V of this Act or any rules made thereunder.
(3) Any person wilfully obstructing an Inspector in the exercise of powers conferred on him by or
under this Act or any rules made thereunder shall be punishable with imprisonment for a term which may
extend to six months, or with fine not exceeding one thousand rupees, or with both.
(4) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code (45 of 1860).]
27. The Executive Committee .—(1) The State Council shall, as soon as may be, constitute an
Executive Committee consist ing of the President (who shall be Chairman of the Executive Committee)
and
Vice-President, ex officio, and such number of other members elected by the State Council 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 State Council, but, subject to his being a member of the State Council, he shall be
eligible for re-election.
(3) In addition to the powers and duties conferred and imposed u pon it by this Act, the Executive
Committee shall exercise and discharge such powers and duties as may be prescribed.
28. Information to be furnished .—(1) The State Council shall furnish such reports, copies of its
minutes and of the minutes of the Executi ve Committee, and abstracts of its accounts to the State
Government as the State Government may from time to time require and copies thereof shall be sent to
the Central Council.
(2) The State Government may publish, in such manner as it may think fit, any report, copy, abstract
or other information furnished to it under this section.
CHAPTER IV
REGISTRATION OF PHARMACISTS
29. Preparation and maintenance of register .—(1) As soon as m ay be after this Chapter has taken
effect in any State, the State Government shall cause to be prepared in the manner hereinafter provided a
register of pharmacists for the State.
(2) The State Council shall as soon as possible after it is constituted assume the duty of maintaining
the register in accordance with the provisions of this Act.
(3) The register shall include the following particulars, namely:—
(a) the full name and residential address of the registered person;
(b) the date of his first admission to the register;
1. Ins. by Act 70 of 1976, s. 16 (w.e.f. 1-9-1976).
14
(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.
30. Preparation of first register .—(1) For th e purpose of preparing the first register, the State
Government shall by notification in the Official Gazette cons titute a Registration Tribunal consisting of
three persons, and shall also appoint a Registrar who shall act as Secretary of the Registration Tribunal.
(2) The State Government shall, by the same or a like notification, appoint a date on or before which
application for registration, which shall be accompanied by the prescribed fee, shall be mad e to the
Registration Tribunal.
(3) The Registration Tribunal shall examine every application received on or before the appointed
date, and if it is satisfied that the applicant is qualified for registration under section 31, shall direct the
entry of the name of the applicant on the register.
(4) The first register so prepared shall thereafter be published in such manner as the State
Government may direct, and 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 Excerpt shown. Open the full act in Lexace.