Pharmacy Act, 1948
No: 8 Dated: Mar, 04 1948
THE PHARMACY ACT, 948
ACT NO. 8 OF 948
An Act to regulate the profession of pharmacy. WHEREAS it is expedient to make better provision for the regulation of the profession and practice of pharmacy and for that purpose to constitute Pharmacy Councils; It is hereby enacted as follows:—
CHAPTER I
INTRODUCTORY
1. Short title, extent and commencement.—(1) This Act may be called the Pharmacy Act, 948.
(2) It extends to the whole of India .
(3) It shall come into force at once, but Chapters III, IV and V shall take effect in a particular State from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf:
Provided that where on account of the territorial changes brought about by the reorganisation of States on the st day of November, 956, 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 2 or section 4;
(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 5A;
(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, 956 (3 of 956), 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;
(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, 96 (7 of 96), or specified in the Schedules to the Indian Medical Council Act, 956 (02 of 956); 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, 948 (6 948); or
(v) who is engaged in the practice of veterinary medicine and who possesses qualifications approved by the State Government;
(g) “prescribed” means in Chapter II prescribed by regulations made under section 8, and elsewhere prescribed by rules made under section 46;
(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 9, 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,956 (3 of 956).
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 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 four shall be person 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 authorised by him in writing to do so;
(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;
(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 State elected from amongst themselves by the members of each State Council, who shall be a registered pharmacist;
(h) one member to represent each State nominated by the State Government, who shall be a registered pharmacist:
Provided that for five years from the date on which the Pharmacy (Amendment) Act, 976 (70 of 976), 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 3, to represent that territory