Section 42 — Dispensing by unregistered persons.

(1) 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 1 ***; 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 State Government, for the patients of another medical practitioner: 2 [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 [eight years] from the commencement of the Pharmacy (Amendment) Act, 1976 (70 of 1976).] (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with 4 [imprisonment for a term which may extend to three months, or with fine which may extend to two lakh rupees, or with both]. (3) Cognizance of an offence punishable under this section shall not be taken except upon complaint made by 5 [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.]

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