PHARMACY ACT, 1948
(1) This Act may be called the Pharmacy Act, 1948.
1[(2) It extends to the whole of India except the State of Jammu and Kashmir.]
(3) It shall come into force at once, but Chapters III, IV and V shall take effect in a particular State from such date 2[***] as the State Government may, by notification in the Official Gazette, appoint in this behalf:
3[Provided that where on account of the territorial changes brought about by the reorganisation of States on the 1st day of November, 1956, 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.]
-----------------------------
&n
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 12 or section 14;
1[(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 15A;
(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, 1956 (3 of 1956)
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;
(
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.
(1) The President and Vice-President of the Central Council shall be elected by the members of the said Council from among themselves.
1[***]
(2) 2[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:
3[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.]
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.
(1) Subject to the provisions of this section, a nominated or elected member 1[***] 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.
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,
&
(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.
(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.]
----------------------------
1. Ins. by Act 70 of 1976, sec. 7 (w.e.f. 1-9-1976).
&nb
(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 ;
&nbs
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.
(1) Any authority in a State 1[***] 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 1[***] 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
(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 approv
The Central Council, if it is satisfied that any qualification in pharmacy granted by an authority outside the 1[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 2[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 3[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 qualificati
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.
(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.
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.]
-----------------------------
1. Ins. by Act 70 of 1976, sec. 9 (w.e.f. 1-9-1976).
(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 at any examination of such institution.
(3) An Inspector attending at any e
(1) The Central Council shall furnish copies of its minutes and of the minutes of the Executive Committee and annual report of its activities 1[***] to the Central Government.
(2) The Central Government may publish in such manner as it may think fit any report, 2[or copy], furnished to it under this section or under section 16.
-----------------------------
1. The words “together with an abstract of its accounts” omitted by Act 70 of 1976, sec. 10 (w.e.f. 1-9-1976).
2. Subs. by Act 70 of 1976, sec. 10, for “copy or abstract ” (w.e.f. 1-9-1976).
-----------------------------
(1) The Central Council may, with the approval of the Central Government 1[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—
2[(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 Executiv
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 2[registered 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 unabl
(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 States of the expenditure in connection with the State Council or Joint State Council;
(b) determine which of the participa
(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 perso
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.
(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) 1[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:
2[Provided that if his term of office as a mem
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.
(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 Re
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 Gov
(1) A State Council may, with the previous sanction of the State Government, appoint Inspectors having the prescribed qualificaions 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) exer
(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.
(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.
(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, th
(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 sha
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 qualificaion 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
&n
(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, 1[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 qualificaion approved under section 14:
(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 registration 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;
&
(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 possess 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 persons 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 per
(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 person whose application for registration is rejected by the Registrar, may within three months from
(1) The State Government may, by notificaion 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 1[issue a receipt therefor and such receipt s
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.
(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 1[or employed to work under him in connection with any
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.
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.
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.
(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).
&n
(1) If any person whose name is not for the time being entered into the register of the State falsely pretends that it is so entered or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable on first conviction with fine which may extend to five hundred rupees and on any subsequent conviction with imprisonment extending to six months or with fine not exceeding one thousand rupees or with both:
Provided that it shall be a defence to show that the name of the accused is entered in the register of another State and that at the time of the alleged offence under this section an application for registration in the State had been made.
(2) For the purposes of this section—
(a) it shall be immaterial whethe
(1) On or after such date as the State Government may by notification in the Official Gazette appoint in this behalf, no person other than a registered pharmacist shall compound, prepare, mix, or dispense any medicine on the prescription of a medical practitioner 1[***];
Provided that this sub-section shall not apply to the dispensing by a medical practitioner of medicine for his own patients, or with the general or special sanction of the State Government, for the patients of another medical practitioner.
2[Provided further that where no such date is appointed by the Government of a State, this sub-section shall take effect in that State on the expiry of a period of 3[eight years] from the commencement of the pharmacy (Amendment) Act, 1976.]
(2) Whoever contravenes the provisions of sub-sect
(1) If any person whose name has been removed from the register fails without sufficient cause forthwith to surrender his certificate of registration he shall be punishable with fine which may extend to fifty rupees.
(2) Cognizance of an offence punishable under this section shall not be taken except upon complaint made by an order of the Executive Committee.
The State Council shall before the end of June in each year pay to the Central Council a sum equivalent to one-fourth of the total fees realised by the State Council under this Act during the period of twelve months ending on the 31st day of March of that year.
(1) Whenever it appears to the Central Government that the Central Council is not complying with any of the provisions of this Act, the Central Government may appoint a Commission of Enquiry consisting of three persons, two of whom shall be appointed by the Central Government, one being the Judge of a High Court, and, one by the Council; and refer to it the matters on which the enquiry is to be made.
(2) The Commission shall proceed to enquire in such manner as it may deem fit and report to the Central Government on the matters referred to it together with such remedies, if any, as the Commission may like to recommend.
(3) The Central Government may accept the report or remit the same to the Commission for modification or reconsideration.
(4) After the report is finally accepted, the Central G
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of Chapters III, IV and V.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for—
(a) the management of the property of the State Council, and the maintenance and audit of its accounts;
(b) the manner in which elections under Chapter III shall be conducted;
(c) the summoning and holding of meetings of the State Council, the times and places at which such meetings shall be held, the conduct of business thereat and the number of members necessary to form a quorum;
(d) the powers and duties of the President and Vice-President of the Stat
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
