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29. |
(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. |
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(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. |
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(3) |
The register shall include the following particulars, namely.:- |
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(a) |
the full name and residential address of the registered person; |
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(b) |
the date of his first admission to the register; |
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(c) |
his qualifications for registration; |
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(d) |
his professional address, and if he is employed by any person, the name of such
person; |
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(e) |
such further particulars as may be prescribed |
Preparation of - first register
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30. |
(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. |
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(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. |
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(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. |
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(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. |
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(5) |
The Registrar shall amend the register in accordance with the decisions of the
authority appointed under sub-section (4) and shall thereupon issue to every
person whose name is entered in the register, a certificate of registration in
the prescribed form. |
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(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. |
Qualifications for entry on first register
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31. |
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 |
|
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(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 recognized as adequate by the State Government for
compound or dispensers, or |
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(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. |
Qualifications for subsequent registration
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32. |
(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- |
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(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 |
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(b) |
is a registered pharmacist in another State, or |
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(c) |
possesses a qualification approved under section 14 |
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). |
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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. |
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(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]. |
Special provisions for registration of certain
persons
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32.A |
4 (1) |
Notwithstanding anything contained in section 32, a State Council may also
permit to be entered on the register- |
|
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(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; |
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(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; |
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(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 |
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(d) |
the names of persons who carry on the business or profession of pharmacy in the
State, and |
|
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(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 |
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(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; |
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(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 or an approved
examination or of their not possessing a qualification approved under section
14; |
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(f) |
the names of persons- |
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(i) |
who were included in the register for a State as it existed immediately before
the 1st day of November, 1956; and |
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(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; |
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(g) |
24 of 1959
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, and who satisfy the conditions for
registration as set out in section 31. - 24 of 1959 |
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) |
|
(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.
24 or 1959. |
|
(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:
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 (l),
the period referred to in clause (d) of section 31 shall be computed with
reference to the date of application.]
SSpecial provisions for registration of displaced persons, repatriates and other
persons. |
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32.B |
(1) |
Notwithstanding anything contained in section 32 or section 32A, a State Council
may permit to be entered on the register - |
|
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(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; |
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(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 and the rules made there under; 23 of 1940. |
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(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, - /span>
|
|
& |
(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; |
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(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) /td>
|
70 of 1976
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.] |
Scrutiny of applications for registration. |
|
33. |
(1) |
After the date appointed under sub-section (2) of section 30, application for
registration shall be addressed to the Registrar of the State Council and shall
be accompanied by the prescribed fee. |
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(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:
1 Ins. By Act 70 of 1976, s. 17 (w.e.f. 1-9-1976).
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. |
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(4) |
Upon entry in the register of a name under this section, the Registrar shall
issue a certificate of registration in the prescribed form.1 |
Renewal fees
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34. |
(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. |
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(3) |
On payment of the renewal fee, the Registrar shall 2[issue
a receipt therefore and such receipt shall be proof of renewal of registration]. |
Entry of additional qualifications
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35. |
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. |
Removal from register
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36. |
(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 3 [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) |
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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 |
1 In its application to the State of Andhra Pradesh, s. 33A has been inserted by
the Andhra Adaptation of Laws (Second Amendment) Order, 1954.
In its application to the State of madras, s. 33A has been inserted by the
Adaptation of Laws Order, 1954 and later subs. By the Madras (Added Territories)
Adaptation of Laws Order, 1961.
2 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)
3 Ins. By s. 13, ibid. (w.e.f. 1-5-1960). |
|
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(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) |
23 of 1940
that where the offence is an offence under the 2 [Drugs and Cosmetic Act 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 3 [or by persons under his control] |
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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. |
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(3) |
An order under sub-section (l) 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. |
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(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. |
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(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. |
Restoration to register
|
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37. |
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.
Bar of other jurisdiction. |
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38. |
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. |
Issue of duplicate certificates of registration
|
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39. |
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.
Printing of register and evidentiary value of entries therein. |
|
40. |
(1) |
As soon as may be after the 1st day of April subsequent to the commencement of
the Pharmacy (Amendment) Act, 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. |
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" (w.e.f. 1-9-1976).
3 Ins. By Act 24 of 1959, s. 13 (w.e.f. 1-5-1960).
4 Subs. By s. 14, ibid, for s. 40 (w.e.f. 1-5-1960). |
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(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 |
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(4) |
The copies referred to in sub-section (l) or sub-section (2) or sub-section (3)
shall be made available to persons applying therefore 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 pharmacists. |
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