CHAPTER I
CHAPTER II CHAPTER
III CHAPTER
IV CHAPTER V
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 and
pharmacognosy elected by the 1[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 2[four] shall be persons 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 of the Medical
Council of India;
(d) the Director General, Health Services, ex officio or if he is unable to
attend any meeting, a person authorized by him in writing to do so;
3[(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;
4[(f) a representative of the University Grants Commission and a
representative of the All India Council for Technical Education;]
(g) one member to represent each 5[***] State elected 6[from amongst
themselves] by the members of each State Council, who shall be a registered
pharmacist;
(h) one member to represent each 5[***] State nominated by 7[the] State
Government, who shall be 8[***] a registered pharmacist:
9[Provided that for five years from the date on which the Pharmacy
(Amendment) Act, 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.]
10[***]
4. Incorporation 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 immovable, and shall by the said name sue and be
sued.
5. President and Vice-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.
11[***]
(2) 12[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:
13[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 14[***] 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.
(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.
15[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 pay and allowances and other conditions of service of officers and
servants of that Council.]
9. The Executive Committee. �(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 Council from amongst its members.
(2) A member of the Executive Committee shall hold office as such until the
expiry of his term 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.
16[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 the 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 Education Regulations may prescribe-
(a) the nature and period of study and of practical training to be undertaken
before 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.
(3) Copies of the draft of the Education 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 Central
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 Gazette 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 amendments 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 Official Gazette, declare that the Education Regulations shall 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 examinations. �(1) Any authority in
a State 17][***] 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 17[***] 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) Every authority in the State 17[***] 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 Committee reports
to the Central Council that an approved course of study or an approved
examination does not continue to be in conformity 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 territories to which this Act
extends. �The Central Council, if it is satisfied that any qualification in
pharmacy granted by an authority outside the 18[territories to which this Act
extends] affords a sufficient guarantee of the requisite skill and knowledge,
may declare such qualification to be an approved qualification 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 shall be deemed
19[subject to such additional conditions, if any ,as may be specified by the
Central Council,] to be approved only when granted before or after a specified
date:
Provided that no person other than a 20[citizen of India] possessing such
qualification shall be deemed to be qualified for registration unless by the law
and practice of the 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.
21[15A. The Central Register. �(1) The Central Council 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 the 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 the 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, as it may
deem requisite for the purposes of this Chapter at any examination of such
institution.
(3) An Inspector attending at any examination under sub-section (2) shall not
interfere with the conduct of the examination, but he shall report to the
Executive Committee on the sufficiency of every examination he attends and on
any other matter in regard to which the Executive Committee 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 Government 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 annual
report of its activities 22[***] to the Central Government.
(2) The Central Government may publish in such manner as it may think fit any
report, 23[or copy], furnished to it under this section or under section 16.
24[17A Accounts and audit.� (1) The Central Council shall maintain
proper accounts and other relevant records and prepare an annual statements 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 authorized by him in this
behalf and any expenditure incurred by him or any person so authorized in
connection with 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 authorized by
him in connection with the audit of the accounts of the Central Council shall
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 authorized 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 comments to the Central Government.]
18. Power to make regulations.� (1) The Central Council may, with the
approval of the Central Government 25[by notification in the Official Gazette,]
make regulations consistent with this Act to carry out the purposes of this
Chapter.
(2) In particular and without prejudice to the generality of the foregoing
power, such regulations may provide for-
26[(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 meeting 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 necessary 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 members necessary to constitute a quorum;
(e) the powers and duties of the President and Vice-President;
(f) the qualifications, the term of office and the powers and duties of the
27[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 28[Registrar or any other officer or servant].
29[(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, the number of members necessary to constitute
the quorum.]
(3) Until regulations are made by the Central 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 conducted, 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.
30[(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 immediately
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 I
CHAPTER IICHAPTER
III CHAPTER
IV CHAPTER V
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