REGISTRATION OF PHARMACISTS
29. Preparation and maintenance of register:-
(1) As soon as may 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;
(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 the purpose of preparing the first
register, the State Government shall by notification in the Official
Gazette constitute 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 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 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 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 State Council, the register shall
be given into its custody, and the State Government may direct that
all or any specified part of the application fees for registration
in the first register shall be paid to the credit of the State
Council.
31. Qualifications for
entry on first register:-
1[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 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 State Government, as the case may be, or a
prescribed qualification granted by an authority outside 2[***]
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 for a total period of not less than three
years,
or
(c)has passed an examination recognised as adequate by the 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 section 30.
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 State, 3[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 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 4[under
clause (a) of 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 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 5[eighteen
years], if he resides, or carries on the business or profession
of pharmacy, in the State and if he has passed an approved
examination or possesses a qualification approved under section
14 6[or
is a registered pharmacist in another State.]
7[32A.Special
provisions for registration of certain persons. -(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 registrations 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 then 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 having in the register for 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 section 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
of profession or pharmacy in an area in which this Chapter takes
effect after the commencement of the Pharmacy (Amendment ) Act,
1959 (24 of 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 remain in operation for a
period of two years from the commencement of the Pharmacy
(Amendment) Act, 1959 (24 of 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.
Explanation 1.-For the purpose of clause (a) of
sub-section (1), "displaced person" means any person who on
account of the setting up of the Dominions of India and
Pakistan or on account of civil disturbances or the fear of
such disturbances in any area now forming part of Pakistan,
has on or after the 1st day of March, 1947, left or been
displaced from his place of residence in such area and who
has since then been residing in India.
Explanation 2.-For the purposes of clauses (b), (c)
and (g) of sub-section (1), the period referred to in clause
(d) of section 31 shall be computed with reference to the
date of application. ]
8[32B. Special
provisions for
registration of displaced persons, repatriates and other persons:-
(1) Notwithstanding anything contained in section
32 or section 32A, a State Council may permit to be entered on the
register-
(a) the names of persons who posses the qualifications specified
in clause (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 31st December, 1969 for compounding or dispensing of
medicines under the Drugs and Cosmetics Act, 1940 (23 of 1940)
and the rules made thereunder;
(c) the names of displaced person 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.
Explanation.-In this sub-section,-
(i.) "displaced persons" means any persons who, on account
of civil disturbances or the fear of such disturbances in
any area now forming part of Bangla Desh, has, after the
14th day of April , 1957 but before the 25th day of March ,
1971 , left , or has been displaced from , his place of
residence in such area and who has since then been residing
in India;
(ii.) "repatriate" means any person of Indian origin who ,
on account of civil disturbances or the fear of such
disturbances in any area now forming part of Burma , Sri
Lanka or Uganda, or any other country has after the 14th day
of April , 1957 , left or has been displaced from , his
place of residence in such area and who has since then been
residing in India.
(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.]
33. Scrutiny of applications for
registration:-
(1) After the dateappointed under sub-section (2)
of section 30 , applications for registration shall be addressed to
the Registrar of the 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 State shall be
entitled to have his name entered in the register except with
the approval of the State Council recorded at a meeting.
(3.) Any persons, whose application for registration is rejected by
the Registrar, may within three months from the date of such
rejection appeal to the State Council, and the decision of the State
Council thereon shall be final.
(4.) Upon entry in the register of a name under section, the
Registrar shall issue a certificate of registration in the
prescribed form.9
34. Renewal fees:-
(1) The State Government may, by notification in the Official
Gazette, direct that for the retention of a name on the register
after the 31st 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 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 10[issue
a receipt therefor and such receipt shall be proof of renewal of
registration.]
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 on pharmaceutical chemistry which he may
obtain.
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 into 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 11[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 or 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 11[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 12[Drugs
and Cosmetics Act, 1940 (23 of 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 11[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 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 State Council and shall not take effect until the expiry of
three month from the date of such confirmation.
(4) A person aggrieved by an order under sub-section (1) which has
been confirmed by the State Council may, within thirty days from the
communication to him of such confirmation, appeal to the State
Government, and the order of the State Government upon such appeal
shall be final.
(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 or registration to the Registrar, and the
name so removed shall be published in the Official Gazette.
37.Restoration to
register:-
The 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 State Government, an order under this section
shall not take effect until it has been confirmed by the State
Government.
38.Bar of
other jurisdiction:-
No order refusing to enter a name on the register or removing a
name from the register shall be called in question in any Court.
39. Issue of
duplicate certificate 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.
13 [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 (24 of
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 be available to persons
applyingtherefor 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 name are entered
therein were registered pharmacists.]
References:-
1. Subs. by Act 24 of 1959, sec. 9, for "A person shall be
entitled " (w.e.f. 1-5-1960).
2. The words "the Provinces of" omitted by the A.O. 1950.
3. Subs. by Act 24 of 1959, sec. 10, for "a person shall on
payment of the prescribed fee" (w.e.f. 1-5-1960).
4. Subs. by Act 24 of 1959, sec. 10, for "under this
sub-section" (w.e.f. 1-5-1960).
5. Subs. by Act of 24 of 1959, sec 10, for "twenty-one years" (w.e.f.
1-5-1960).
6 . Ins. by Act 24 of 1959, sec. 10 (w.e.f. 1-5-1960).
7. Ins. by Act 24 of 1959, sec. 11 (w.e.f. 1-5-1960).
8. Ins. by Act 70 of 1976, sec. 17 (w.e.f. 1-9-1976).
9. In its application to the State of Andhra Pradesh, section
33A has been inserted by the Andhra Adaptation of Laws (Second
Amendment) Order, 1954.
In its application to the State of Madras, section 33A has been
inserted by the Adaptation of Laws Order, 1954 and latter subs. by
the Madras (Added Territories) Adaptation of Laws Order, 1961.
10. Subs. by Act 24 of 1959 , sec 12 for "in the prescribed
manner endorse the certificate of registration accordingly " (w.e.f
. 1-5-1960).
11. Ins. by Act 24 of 1959, sec.13 ( w.e.f. 1-5-1960).
12. Subs. by Act 70 of 1976, sec.18, for "Drugs Act, 1940". (
w.e.f. 1-9-1976).
13. Subs. by Act 24 of 1959, sec. 14, for section 40 (w.e.f
.1-5-1060).