THE PHARMACY ACT, 1948 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 
INTRODUCTORY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Interpretation. 

CHAPTER II 
THE PHARMACY COUNCIL OF INDIA 

3.  Constitution and composition of Central Council. 
4.  Incorporation of Central Council. 
5.  President and Vice-President of Central Council. 
6.  Mode of elections. 
7.  Term of office and casual vacancies. 
8.  Staff, remuneration and allowances. 
9.  The executive committee. 
9A. Other Committees. 
10.  Education Regulations. 
11.  Application of Education Regulations to States. 
12.  Approved courses of study and examinations. 
13.  Withdrawal of approval. 
14.  Qualifications granted outside the territories to which this Act extends. 
15.  Mode of declarations. 
15A. The Central Register. 
15B. Registration in the Central Register. 
16.  Inspection. 
17.  Information to be furnished. 
17A. Accounts and audit. 
18.  Power to make regulations. 

CHAPTER III 
STATE PHARMACY COUNCILS 

19.  Constitution and composition of State Councils. 
20.  Inter-State agreements. 
21.  Composition of Joint State Councils. 
22.  Incorporation of State Councils. 
23.  President and Vice-President of State Council. 
24.  Mode of elections. 
25.  Term of office and casual vacancies. 
26.  Staff, remuneration and allowances. 
26A. Inspection. 
27.  The Executive Committee. 

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SECTIONS 

28.  Information to be furnished. 

CHAPTER IV 
REGISTRATION OF PHARMACISTS 

29.  Preparation and maintenance of register. 
30.  Preparation of first register. 
31.  Qualifications for entry on first register. 
32.  Qualifications for subsequent registration. 
32A. Special provisions for registration of certain persons. 
32B. Special provisions for registration of displaced persons, repatriates and other persons. 
33.  Scrutiny of applications for registration. 
34.  Renewal fees. 
35.  Entry of additional qualifications. 
36.  Removal from register. 
37.  Restoration to register. 
38.  Bar of other jurisdiction. 
39.  Issue of duplicate certificates of registration. 
40.  Printing of register and evidentiary value of entries therein. 

CHAPTER V 
MISCELLANEOUS 

41.  Penalty for falsely claiming to be registered. 
42.  Dispensing by unregistered persons. 
43.  Failure to surrender certificate of registration. 
44.  Payment of part of fees to Central Council. 
45.  Appointment of Commission of Enquiry. 
46.  Power to make rules. 

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THE PHARMACY ACT, 1948 
ACT NO. 8 OF 19481 

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:— 

[4th March, 1948.] 

CHAPTER I 

INTRODUCTORY 

1. Short title, extent and commencement.—(1) This Act may be called the Pharmacy Act, 1948. 
2[(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 3*** as the State Government may, by notification in the Official Gazette, appoint in this 
behalf: 

4[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.] 

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 12 or section 14; 
5[(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),  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;] 

6[(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,  1916  (7  of  1916),  or  specified  in  the  Schedules  to  the  Indian 
Medical Council Act, 1956 (102 of 1956); or 

1. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule; to Pondcherry by Reg. 7 
of 1963, s. 3 and the First Schedule; to Goa, and Diu by Reg. 11 of 1963, s. 3 and the Schedule and to Lakshadweep by Reg. 8 of 
1965, s. 3 and the Schedule. 

The Act has been modified in its application to the States of Maharashtra, Gujarat, Mysore and Rajasthan by S.O. 2814, dated 

14-8-1964, Gazette of India, 1964, Extraordinary, Part II, sec. 3(ii). 

The  Act  has  been  modified  in  its  application  to  the State  of  Tamil  Nadu by  the  Madras  Adaptation of  Laws  (Central  Acts) 

Order, 1957 and the Madras Adaptation of Laws (Central Acts) Order, 1961. 
2. Subs. by Act 24 of 1959, s. 2, for sub-section (2) (w.e.f. 1-5-1960). 
3. The words “not later than three years from the commencement of this Act,” omitted by s. 2, ibid. (w.e.f. 1-5-1960). 
4. Ins. by s. 2, ibid. (w.e.f. 1-5-1960). 
5. Subs. by Act 70 of 1976, s. 2, for clauses (c), (d) and (e) (w.e.f. 1-9-1976). 
6. Subs. by Act 24 of 1959, s. 3, for clause (f) (w.e.f. 1-5-1960). 

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(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, 1948 (16 1948); 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  18,  and 

elsewhere prescribed by rules made under section 46; 

1[(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 19, 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,1956 (3 of 1956).] 

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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  3[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 4[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; 

5[(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; 
6[(f) a representative of the University Grants Commission and a representative of the All India 

Council for Technical Education;] 

1. Subs. by Act 70 of 1976, s. 2, for clauses (h), (i) and (j) (w.e.f. 1-9-1976). 
2. Omitted by Act 24 of 1959, s. 3 (w.e.f. 1-5-1960). 
3. Subs. by Act 70 of 1976, s. 3, for “authority known as the Inter-University Board” (w.e.f. 1-9-1976). 
4. Subs. by s. 3, ibid., for “three” (w.e.f. 1-9-1976). 
5. Ins. by Act 24 of 1959, s. 4 (w.e.f. 1-5-1960). 
6. Subs. by Act 70 of 1976, s. 3, for clause (f) (w.e.f. 1-9-1976). 

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(g) one member to represent each 1*** State elected 2[from amongst themselves] by the members 

of each State Council, who shall be a registered pharmacist; 

(h) one member to represent each 1*** State nominated by 3[the] State Government, who shall be 

4*** a registered pharmacist: 

5[Provided  that  for  five  years  from  the  date  on  which  the  Pharmacy  (Amendment)  Act,  1976  
(70  of  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.] 
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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. 

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(2)  8[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: 

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9[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  10***  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. 

1. The word and letter “Part A” omitted by the Adaptation of Laws (No. 3) Order, 1956. 
2. Ins. by Act 70 of 1976, s. 3 (w.e.f. 1-9-1976). 
3. Subs. by the Adaptation of Laws (No. 3) Order, 1956, “each such”. 
4. The words “either a registered medical practitioner or” omitted by Act 70 of 1976, s. 3 (w.e.f. 1-9-1976). 
5. Subs. by s. 3, ibid., for the proviso (w.e.f. 1-9-1976). 
6. The Explanation omitted by s. 3, ibid. (w.e.f. 1-9-1976). 
7. The proviso omitted by Act 24 of 1959, s. 5 (w.e.f. 1-5-1960). 
8. Subs. by Act 7 of 1976, s. 4, for “An elected President” (w.e.f. 1-9-1976). 
9. Added by s. 4, ibid. (w.e.f. 1-9-1976). 
10. The words “other than a nominated President” omitted ibid., s. 5 (w.e.f. 1-9-1976). 

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(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. 
1[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  Commitee.—(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. 

2[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. 

1. Subs. by Act 70 of 1976, s. 6, for section 8 (w.e.f. 1-9-1976). 
2. Ins. by s. 7, ibid. (w.e.f. 1-9-1976). 

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(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  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 Act. 

(3)  Every  authority  in  the  States  1***  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 2[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 

1. The words “of India” omitted by the A.O. 1950. 
2. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part A States and Part C States” 

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shall  be  deemed  1[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 2[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. 

3[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 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  examination  under  sub-section  (2)  shall  not  interfere  with  the 
conduct  of  the  examination,  but  he  shall  report  to  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  an  annual  report  of  its  activities  4***  to  the  Central 
Government. 

1. Ins. by Act 70 of 1976, s. 8 (w.e.f. 1-9-1976). 
2. Subs. by the A.O. 1950, for “British subject of Indian domicile”. 
3. Ins. by Act 70 of 1976, s. 9 (w.e.f. 1-9-1976). 
4. The words “together with an abstract of its accounts” omitted by s. 10, ibid. (w.e.f. 1-9-1976). 

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(2) The Central Government may publish in such manner as it may think fit any report,  1[or copy], 

furnished to it under this section or under section 16. 

2[17A.  Accounts  and  audit.—(1)  The  Central  Council  shall  maintain  proper  accounts  and  other 
relevant records and prepare an annual statement 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 authorised by him in this behalf and any expenditure incurred by him or 
any  person  so  authorised  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 authorised 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 authorised 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  ragulations.—(1)  The  Central  Council  may,  with  the  approval  of  the  Central 
Government, 3[by notification in the Official Gazette,] make regulations consist 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— 

4[(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 meetings 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  5[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 6[Registrar or any other officer or servant]. 

7[(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,  and  the 
number of members necessary to constitute the quorum.] 

1. Subs. by Act 70 of 1976, s. 10, for “copy or abstract” (w.e.f. 1-9-1976). 
2. Ins. by s. 11, ibid. (w.e.f. 1-9-1976). 
3. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 
4. Subs. by Act 70 of 1976, s. 12, for clause (a) (w.e.f. 1-9-1976). 
5. Subs. by s. 12, ibid., for “Secretary” (w.e.f. 1-9-1976). 
6. Subs. by s. 12, ibid., for “Treasurer” (w.e.f. 1-9-1976). 
7. Ins. by s. 12, ibid. (w.e.f. 1-9-1976). 

9 

 
                                                           
(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. 

1[(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 III 

STATE PHARMACY COUNCILS 

19.  Constitution  and  composition  of  State  Councils.—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  2[three]  shall  be  persons  possessing  a  prescribed  degree  or 
diploma  in  pharmacy  or  pharmaceutical  chemistry  or  3[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 unable to attend any 

meeting, a person authorised by him in writing to do so; 

4[(dd)  the  officer-in-charge  of  drugs  control  organisation  of  the  State  under  the  5[Drugs  and 
Cosmetics  Act,  1940  (23  of  1940)],  ex  officio  or  if  he  is  unable  to  attend  any  meeting,  a  person 
authorised by him in writing to do so;] 

(e) the Government Analyst under the 5[Drugs and Cosmetics Act, 1940 (23 of 1940)], ex officio, 

or where there is more than one, such one as the State Government may appoint in this behalf: 

Provided  that  where  an  agreement  is  made  under  clause  (b)  of  sub-section  (1)  of  section  20,  the 
agreement may provide that the State Council to serve the needs of the other participating States also shall 
be  augmented  by  not  more  than  two  members,  of  whom  at  least  one  shall  at  all  times  be  a  person 
possessing  a  prescribed  degree  or  diploma  in  pharmacy  or  pharmaceutical  chemistry  or  a  6[registered 
pharmacist], nominated by the Government of each of the said other participating States, and where the 
agreement  so  provides,  the  composition  of  the  State  Council  shall  be  deemed  to  be  augmented 
accordingly. 

20. Inter-State ageements.—(1) Two or more State Governments 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 

1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 
2. Subs. by Act 70 of 1976, s. 13, for “two” (w.e.f. 1-9-1976). 
3. Subs. by s. 13, ibid., for “members of the pharmaceutical profession” (w.e.f. 1-9-1976). 
4. Ins. by Act 24 of 1959, s. 7 (w.e.f. 1-5-1960). 
5. Subs. by Act 70 of 1976, s. 13, for “Drugs Act, 1940 (23 of 1940)” (w.e.f. 1-9-1976). 
6. Subs. by s. 13, ibid., for “member of the pharmaceutical profession” (w.e.f. 1-9-1976). 

10 

 
                                                           
(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 participating State Governments shall exercise the several functions of 
the State Government under this Act, and the references in this Act to the State Government shall be 
construed accordingly; 

(c) provide for consultation between the participating State Governments either generally or with 

reference to particular matters arising under this Act; 

(d)  make  such  incidental  and  ancillary  provisions,  not  inconsistent  with  this  Act,  as  may  be 

deemed necessary or expedient for giving effect to the agreement. 

(3)  An  agreement  under this  section  shall  be  published  in  the  Official  Gazettes  of  the  participating 

States. 

21. Composition of Joint State Councils.—(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 person authorised by him in writing to do so; 

1[(dd)  the  officer-in-charge  of  drugs  control  organisation  of  each  participating  State  under  the  
2[Drugs and Cosmetics Act, 1940] (23 of 1940), ex officio, or if he is unable to attend any meeting, a 
person authorised by him in writing to do so;] 

(e) the Government Analyst under the  2[Drugs and Cosmetics Act, 1940 (23 of 1940)], of each 
participating State, ex officio, or where there is more than one in any such State, such one as the State 
Government may appoint in this behalf. 

(2) The agreement may provide that within the limits specified in clauses (a) and (b) of sub-section 
(1), the number of members to be elected or nominated under those clauses may or may not be the same 
in respect of each participating State. 

(3) Of the members nominated by each State Government under clause (b) of sub-section (1), 3[more 
than  half]  shall  be  persons  possessing  a  prescribed  degree  or  diploma  in  pharmacy  or  pharmaceutical 
chemistry or 4[registered pharmacists]. 

22. Incorporation of State Councils.—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. 

23. President and Vice-President of State Council.—(1) The President and Vice-President of the 

State Council shall be elected by the members from amongst themselves: 

1. Ins. by Act 24 of 1959, s. 8 (w.e.f. 1-5-1960). 
2. Subs. by Act 70 of 1976, s. 14, for “Drugs Act, 1940 (23 of 1940)” (w.e.f. 1-9-1976). 
3. Subs. by s. 14, ibid., for “at least half” (w.e.f. 1-9-1976). 
4. Subs. by s. 14, ibid., for “members of the pharmaceutical profession” (w.e.f. 1-9-1976). 

11 

 
                                                           
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 member of the State 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 State Council, continue to hold office for the full term for which he is 
elected as President or Vice- President.] 

24. 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  State  Government 
whose decision shall be final. 

25. Term of office and casual vacancies.—(1) Subject to the provisions of this section, a nominated 
or elected member, other than a 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 
ceases to be a member of the Medical Council or Council of Medical Registration of the State, as the case 
may be. 

(4) A casual vacancy in the State 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 State 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 State Council. 

(6) Members of the State Council shall be eligible for re-nomination or re-election. 

26. Staff, remuneration and allowances.—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  Government,  who  shall  hold  office  during  the  pleasure  of the  State 
Government. 

1. Subs. by Act 70 of 1976, s. 15, for “An elected President” (w.e.f. 1-9-1976). 
2. Added by s. 15, ibid. (w.e.f. 1-9-1976). 

12 

 
 
                                                           
1[26A. Inspection.—(1) A State Council may, with the previous sanction of the State Government, 
appoint Inspectors having the prescribed qualifications 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) exercise such other powers as may be necessary for carrying out the purposes of Chapters III, 

IV and V of this Act or any rules made thereunder. 

(3)  Any  person  wilfully  obstructing  an  Inspector  in  the  exercise  of  powers  conferred  on  him  by  or 
under this Act or any rules made thereunder shall be punishable with imprisonment for a term which may 
extend to six months, or with fine not exceeding one thousand rupees, or with both. 

(4) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the 

Indian Penal Code (45 of 1860).] 

27.  The  Executive  Committee.—(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. 

28.  Information  to  be  furnished.—(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. 

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; 

1. Ins. by Act 70 of 1976, s. 16 (w.e.f. 1-9-1976). 

13 

 
                                                           
(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 
application  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 decision 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— 

1. Subs. by Act 24 of 1959, s. 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, s. 10, for “a person shall on payment of the prescribed fee” (w.e.f. 1-5-1960). 

14 

 
                                                           
(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 1[under clause (a) or 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 2[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 3[or is a registered pharmacist in another State]. 

4[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  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; 

(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 than 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 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  of  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 

1. Subs. by Act 24 of 1959, s. 10, for “under this sub-section” (w.e.f. 1-5-1960). 
2. Subs. by s. 10, ibid., for “twenty-one years” (w.e.f. 1-5-1960). 
3. Ins. by s. 10, ibid. (w.e.f. 1-5-1960). 
4. Ins. by s. 11, ibid. (w.e.f. 1-5-1960). 

15 

 
                                                           
(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 or profession of 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  purposes  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.] 

1[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  possess  the  qualification  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 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 person” means any person 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 (70 of 1976).] 

1. Ins. by Act 70 of 1976, s. 17 (w.e.f. 1-9-1976). 

16 

 
                                                           
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  person  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 this section, the Registrar shall issue a certificate of 

registration in the prescribed form. 

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 1[issue a receipt therefore 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  or 
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 in 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 2[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): 

1.  Subs.  by  Act  24  of  1959,  s.  12,  for  “in  the  prescribed  manner  endorse  the  certificate  of  registration  accordingly”  

(w.e.f. 1-5-1960). 

2. Ins. by s. 13, ibid. (w.e.f. 1-5-1960). 

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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 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, or 

(c)  that  any  person  employed  by  the  registered  pharmacist  for  the  purposes  of  his  business  of 
pharmacy 1[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  2[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 1[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 months 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 of 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  certificates  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. 

3[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. 

1. Ins. by Act 24 of 1959, s. 13 (w.e.f. 1-5-1960). 
2. Subs. by Act 70 of 1976, s. 18, for “Drugs Act, 1940 (23 of 1940)” (w.e.f. 1-9-1976). 
3. Subs. by Act 24 of 1959, s. 14, for section 40 (w.e.f. 1-5-1960). 

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(2) The Registrar shall thereafter cause to the 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 
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 names are 
entered therein were registered pharmacist.] 

CHAPTER V 

MISCELLANEOUS 

41. Penalty for falsely claiming to be registered.—(1) If any person whose name is not for the time 
being entered in 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  whether  or  not  any  person  is  deceived  by  such  pretence  or  use  as 

aforesaid; 

(b) the use of the description “pharmacist”, “chemist”, “druggist”, “pharmaceutist”, “dispenser”, 
“dispensing chemist”, or any combination of such words 1[or of any such word with any other word] 
shall  be  deemed  to  be  reasonably  calculated  to  suggest  that  the  person  using  such  description  is  a 
person whose name is for the time being entered in the register of the State. 

(c) the onus of proving that the name of a person is for the time being entered in the register of a 

State shall be on him who asserts it. 

(3) Cognizance of an offence punishable under this section shall not be taken except upon complaint 
made by order of the State Government or 1[any officer authorized in this behalf by the State Government 
or by order of] the Executive Committee of the State Council. 

42. Dispensing by unregistered persons.—(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  
2***: 

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: 

3[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  4[eight years] from the commencement of the 
Pharmacy (Amendment) Act, 1976 (70 of 1976).] 

1. Ins. by Act 24 of 1959, s. 15 (w.e.f. 1-5-1960). 
2.  The  words  “except  under  the  direct  and  personal  supervision  of  a  registered  pharmacist”  omitted  by  s.  16,  ibid.  
(w.e.f. 1-5-1960). 
3. Added by Act 70 of 1976, s. 19 (w.e.f. 1-9-1976). 
4. Subs. by Act 22 of 1982, s. 2, for “five years” (w.e.f. 1-9-1981). 

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(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for 

a term which may extend to six months, or with fine not exceeding one thousand rupees or with both. 

(3) Cognizance of an offence punishable under this section shall not be taken except upon complaint 
made by 1[order of the State Government or any officer authorised in this behalf by the State Government, 
or by order of the Executive Committee of the State Council.] 

43.  Failure  to  surrender  certificate  of  registration.—(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. 

44. Payment of part of fees to Central Council.—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. 

45. Appointment of Commission of Enquiry.—(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  Government  may  order  the  Central  Council  to 
adopt the remedies so recommended within such time as may be specified in the order and if the Council 
fails to comply within the time so specified, the Central Government may pass such order or take such 
action as may be necessary to give effect to the recommendations of the Commission. 

(5) Whenever it appears to the State Government that the State Council is not complying with any of 
the provisions of this Act, the State Government may likewise appoint a similar Commission of Enquiry 
and pass such order or take such action as specified in sub-sections (3) and (4). 

46. Power to make rules.—(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 State Council; 

(e)  the  constitution  and  functions  of  the  Executive  Committee,  the  summoning  and  holding  of 
meetings  thereof,  the  times  and  places  at  which  such  meetings  shall  be  held,  and  the  number  of 
members necessary to constitute a quorum; 

1. Subs. by Act 24 of 1959, s. 16, for “an order of the State Government” (w.e.f. 1-5-1960). 

20 

 
                                                           
(f)  the  qualifications,  the  term  of  office  and  the  powers  and  duties  of  the  Registrar  and  other 
officers and servants of the State Council, including the amount and nature of the security to be given 
by the Treasurer; 

1[(ff) the qualifications, powers and duties of an Inspector;] 

(g)  the  particulars  to  be  stated,  and  the  proof  of  qualifications  to  be  given,  in  applications  for 

registration under Chapter IV; 

(h) the conditions for registration under sub-section (1) of section 32; 

(i) fees payable under Chapter IV and the charge for supplying copies of the register; 
(j) the form of certificates of registration 2***; 

(k) the maintenance of a register; 
3[(kk) the conduct of pharmacists and their duties in relation to medical practitioners, the public 

and the profession of pharmacy;] 

(l)  any  other  matter  which  is  to  be  or  may  be  prescribed  under  Chapters  III,  IV  and  V  except  

sub-sections (1), (2), (3) and (4) of section 45. 

4[(3) Every rule made by the State Government under this section shall be laid, as soon as may be 

after it is made, before the State Legislature.]  

1. Ins. by Act 70 of 1976, s. 20 (w.e.f. 1-9-1976). 
2. The words “and the manner of endorsement of renewals thereof” omitted by Act 24 of 1959, s. 17 (w.e.f. 1-5-1960). 
3. Ins. by s. 17, ibid. (w.e.f. 1-5-1960). 
4. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 

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