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 1[three]
shall be persons possessing a prescribed degree or diploma
in pharmacy or pharmaceutical chemistry or 2registered
pharmacists], nominated 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 authorized by him in writing to do so;
3[(dd)
the officer-in-charge of drugs control organization of the
State under the 4[Drugs
and Cosmetics Act, 1940 (23 of 1940)], ex officio or
if he is unable to attend any meeting, a person authorized
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 is 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 deemed to be augmented accordingly.
20. Inter-State
agreements:-
(1) Two or more State Government 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 State Council for all
the participating States, or
(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 apportionment between the participating
State 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 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 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 agreement shall provide elected
from amongst themselves by the registered pharmacists of
each 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 authorized by him in writing
to do so;
7[(dd)
the officer-in-charge of drugs control organization of each
participating State under the 8[Drugs
and Cosmetics Act, 1940], ex officio, or if he is
unable to attend any meeting, a person authorized by him in
writing to do so;]
(e) the Government Analyst under the 8[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), 9[more
than half] shall be persons possessing a prescribed degree or
diploma in pharmacy or pharmaceutical chemistry or 10[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
be elected by the members from amongst themselves:
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) 11[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:
12[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 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 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 causes 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 pleasure of the State Government.
13[26A.
Inspection:-
(1) A State Council may, with the previous sanction of the
State Government, appoint Inspectors 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 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 the 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 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 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 upon
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 Executive 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.
References:-
1. Subs. by Act 70 of 1976, sec. 13, for "two" (w.e.f.
1-9-1976).
2. Subs. Act 70 of 1976, sec.13, for "members of the
pharmaceutical profession" (w.e.f. 1-9-1976).
3. Ins. by Act 24 of 1959, sec. 7 (w.e.f. 1-5-1960).
4. Subs. by Act 70 of 1976, sec. 13, for "Drugs Act, 1940"
(w.e.f. 1-9-1976).
5. Subs. by Act 70 of 1976, sec. 13, for "Drugs Act, 1940"
(w.e.f. 1-9-1976).
6. Subs. by Act 70 of 1976, sec. 13, for "member of the
pharmaceutical profession" (w.e.f. 1-9-1976)
7. Ins. by Act 24 of 1959, sec. 8 (w.e.f. 1-5-1960).
8. Subs. by Act 70 of 1976, sec. 14, for "Drugs Act, 1940"
(w.e.f. 1-9-1976).
9. Subs.by Act 70 of 1976, sec. 14, for "at least half" (w.e.f.
1-9-1976).
10. Subs. by Act 70 of 1976, sec. 14 for "members of the
pharmaceutical profession" (w.e.f. 1-9-1976).
11. Subs. by Act 70 of 1976, sec. 15, for "An elected President"
(w.e.f. 1-9-1976).
12. Added by Act 70 of 1976, sec. 15, (w.e.f. 1-9-1976).
13. Ins. by Act 70 of 1976, sec. 16 (w.e.f. 1-9-1976).