CHAPTER I
CHAPTER II CHAPTER
III CHAPTER
IV CHAPTER V
Chapter IV
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 date
appointed 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 applying therefor 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.]
CHAPTER I
CHAPTER IICHAPTER
III CHAPTER
IV CHAPTER V
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