THE PHARMACY ACT, 1948
An Act to regulate the profession of pharmacy.
Whereas it is expedient to make better provision for the regulation
of the profession and practise of pharmacy and for that purpose to
constitute Pharmacy Councils;
It is hereby enacted as follows:
CHAPTER 1
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 particular 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 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.]
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 15 A;
(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 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;]
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
(ii) registered or eligible for registration in a medical
register of a State meant for the registration of persons
practising the modern scientific system of medicine; or
(iii) registered in a medical register of a State, who,
although not falling within sub-clause(i) or sub-clause (ii)
is declared by a general or special order made by the State
Government in this behalf as a person practising the modern
scientific system of medicine for the purposes of this Act;
or
(iv) registered or eligible for registration in the register
of dentists for a State under the Dentists Act, 1948 (16 of
1948); or
(v) who is engaged in the practise 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;
7[(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 profession 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).]
8[**]
References:-
1. For Statement of Objects and Reasons, see Gazette of India,
1947, pt. V, p. 469; and for Report of select committee, see Gazette
of India, 1948, pt. V, p. 6
The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of
1963, sec. 2 and Sch.1; to Pondicherry by Reg. 7 of 1963, sec. 3
and Sch I; to Goa, Daman and Diu by Reg. 11 of 1963, sec. 3 and
Sch. And to Lakshadweep by Reg. 8 of 1965, sec. 3 and Sch.
The Act has been modified in its application to the States of
Maharashtra, Gujarat, Mysore and Rajasthan by S.O. 2814, dated
14th August, 1964, Gazette of India, 1964 Extra., Pt. II Sec.
3(ii), p. 717.
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, sec. 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 Act 24 of 1959" sec. 2, (w.e.f. 1-5-1960).
4. Ins. by Act of 24 of 1959 sec. 2 (w.e.f. 1-5-1960).
5. Subs. by Act 70 of 1976, sec. 2, for clauses (c), (d) and (e)
(w.e.f.1-9-1976).
6. Subs. by Act 24 of 1959, sec. 3, for clause (f) (w.e.f.
1-5-1960).
7. Subs. by Act 70 of 1976, sec. 2, for clauses (h), (i) and (j)
(w.e.f. 1-5-1976).
8. Clause (k), ins by the A.O. 1950 was omitted by Act 24 of
1959, sec. 3 (w.e.f. 1-5-1960).