THE PHARMACY ACT- 1948

( An a c t t o regulate profession of pharmacy )

UNIT -3

DR

1
 The - PCI

Part 1 The Pharmacy

Part 2 Part 3
 State Pharmacy
Council of India
 History of Pharmacy Council and it’s
and it’s functions- functions
Act.  Design of the  Maintenance of
educational registers
 Objectives pattern  Entry and removal of
 Constitution names
 Definitions  Functions  Removal of name from
 Approval of registers
 Composition
Institutions/withdr  Printing of Registers
awal of approvals  Inspection by State
 Functions  Maintenance of Council
Central Register of  Offences and Penalties
Pharmacists
2
CONTENT
 State Pharmacy Council and it’s
functions

 Maintenance of registers

 Entry and removal of names

 Removal of name from registers

 Printing of Registers

 Inspection by State Council

 Offences and Penalties

Part 3 3
THE PHARMACY ACT- 1948
( An a c t t o regulate profession of pharmacy )

Part 3

DR

4
CONSTITUTION OF STATE
PHARMACY COUNCIL
 It also consists of three diffirent types of
members- Elected, nominated and ex-
officio.
A. Elected members-
 Six members, elected from amongst
themselves by registered pharmacist of the
state.
 One member elected from amongst
themselves by the member of each Medical
Council of the State.
5
B. Nominated members –
.
F ive members, of whom at least three
shall be possessing a degree or diploma in
pharmacy or pharmaceutical chemistry or
to be registered pharmacists, nominated by
the state government.
C. Ex-Officio Members-
 Chief administrative medical officer of the
state.
 Government Analyst nominated by state
government under the drug and cosmetic act
1940.
 Officer in charge of drugs control
organization of the state. 1
8
CONSTITUTION OF JOINT STATE
PHARMACY COUNCIL
 Registered pharmacist – 3 to 5 from
each state instead of 6 in the single
State Council.

 Government Nominees – 2 to 4 from

each State instead of 5.

 Medical Council Nominee – one from

each State.

 Chief Administrative Medical

Officer,Government Analyst and
Officer- in –charge, Drug Control - 7
CONSTITUTION OF JOINT STATE
PHARMACY COUNCIL

 The states while entering into an

agreement determines as to which of
the participating Governments shall
exercise various functions of the state
government under the act.

 The amount of expenditure to be

shared between the states.

8
STATE PHARMACY COUNCIL

 . Each Council shall have a president

and vice-president, elected by the
members from amongst themselves
provided that for five years

 The president will be nominated by

the State Government and if he is
not already a member, he becomes
a member of the council in addition.

 The State Council are, before the end

of June in each year, required to pay
to the PCI a sum of equivalent to
one-fourth of the fees. 9
FUNCTIONS OF THE STATE
PHARMACY COUNCILS:

1. Maintenance of registers-
The Register shall include the
following particulars namely-
 The full name and residential
address of the registered person.
 The date of his/her first
admission to the register.
 His/her qualifications for
registration.
 His professional address, and if he is
employed by any person, the name
of such person.
10
2. ENTRY AND REMOVAL OF NAMES:

 After an appointed date, all

applications for registration
should be addressed to the
registrar of the State Pharmacy
Council.
 The applicant has the requisite
qualifications for registration, he
may direct his or her name to be
entered in the register.
 Person whose names have been
removed from the registers of
other State shall not be entitled 11
 Upon entry of the name of person
in the
.
register, the Registrar is required to
issue to him a certificate of
registration in the prescribed form.
 On payment of the fees, the
registrar is required to issue a
receipt thereof and such receipts
are deemed to be proofs of
renewal of registration.

12
 3. REMOVAL OF NAME FROM
THE REGISTER:
 The name of a pharmacist may be removed from
the register on following counts-
 If his name has been entered in register by error.
 If he has been convicted of an offence in any
professional respect.
 The objectionable conduct was instigated (provoked)
by the pharmacist himself.
 The registered pharmacist during the period of 12
months preceding the offence, has been guilty of a
similar offence or conduct.
 Any person employed by the pharmacist for purposes
of business of pharmacy, has been guilty of similar
offence during the preceding 12 months and the
pharmacist had the knowledge of the offence
13
 3. REMOVAL OF NAME FROM
THE REGISTER:
The offence had continued over a long period and
the pharmacist had knowledge of the continuing
offence.

Any pharmacist ,who is held guilty and whose name

has been removed from register, shall continue to
remain a registered pharmacist for the next three
months and only after the expiry of that period he
shall cease to be a registered pharmacist.
A person aggrieved by the order directing
The removal of his name, may appeal to
the State Government within 80 days
whose decision shall be final.

14
 A person whose name has been
removed from the register, is
required to surrender his
certificate of registration to the
registrar of the Pharmacy Council
concerned.

 If it feels that the offence was a

minor nature, it may warn the
pharmacist and stop the
consideration of his case for a
specified period, during which the
pharmacist should prove himself 15

to be of good behavior.
 But in cases of serious
.

professional
or criminal conviction,
neglect his
name may be removed.
 Pharmacist can, however appeal
to the high court against the
decision of Statutory Committee.

16
 4. Printing of Registers-
 The Register of the State
Pharmacy Council were required
to publish the Registers on the
first April

 Later on, each year after the first

of April, they were to publish
supplements to the Registers
showing all additions or changing.

 These Registers and

supplements are deemed to
be proof that the persons, 17
5. Inspection by State Council:
 The State Pharmacy Council have been
empowered to appoint suitable number of
Inspectors having prescribed
qualifications to inspect premises where
drugs are dispensed or compounded.

• They are required to investigate

complaints in respect of contravention of
the act.

• The inspectors shall deemed to be public

servants within the meaning of section18
 REGISTRATION OF PHARMACISTS
The Preparation and maintenance of
Register:
The Register shall include the following
particulars, namely:
a) The full name and residential address of the
registered person;
b) The date of his first admission to the register;
c) His qualifications for registration;
d) His professional address, and if he is employed
by any person, the name of such person;
e) Such further particulars as may be prescribed.
19
PREPARATION OF FIRST
REGISTER
For the preparation of the first register, the State
Government has to constitute a Registration
Tribunal .

 The Tribunal consisting of :

- Three persons,
- A Registrar ,act as Secretary of Registration
Tribunal.
Tribunal fixes the date on or before which all
applications for registration with prescribed
fees are accepted.

20
- All applications are examined. If the application
is received on or before the specified date and if
satisfied, then the applicant is qualified for
registration
- Any person aggrieved by the decision of
Registration Tribunal, may appeal within 60 days
of publication to the authority appointed by the
State Government
- The Registrar amends the register accordingly
with the decision of authority and issues a
certificate of registration to every person in
prescribed form
21
 QUALIFICATIONS FOR ENTRY ON FIRST
REGISTER

Applicant should be at least 18 years old.

Applicant should reside or carries on the business
or profession of pharmacy in the concerned State.
 Applicant should hold,
a) A degree or diploma in pharmacy OR
pharmaceutical chemistry OR
b) Chemist and Druggist diploma OR
c)Qualification granted by authority outside
India which is adequate for registration. OR
22
d) Degree of an Indian universities other than a
degree or diploma in pharmacy or
pharmaceutical chemistry with not less than 3
years experience in dispensing in hospital. OR
e) Passed an examination for dispensers recognized
by state government . OR
f) Not less than 5 years experience in compounding
of drugs in hospital or dispensary prior to the
date notified by Tribunal for receipt of
applications for entry of names on first register.

23
 SUBSEQUENT REGISTERS
Procedure for subsequent registration:
From the registered pharmacists of the first register
constitution of State council take place
Application are invited within fix date , addressed to
the registrar
If registrar found that applicant has requisite
qualification, he may direct his/her name to be
entered in register.
If application has been rejected by registrar , he/she
may appeal to state council within 3 months of the
rejection.

The decision of the state council shall be final. 24

 REQUIREMENTS FOR SUBSEQUENT
REGISTRATION

Applicants should be at least 18 years of the age.

 Applicants should be a resident or should carry

on the profession of the pharmacy in the
concerned state.
 Applicant should have paid the prescribed fee

25
 QUALIFICATIONS FOR SUBSEQUENT
REGISTRATION
There are 3 different types of qualifications
prescribed on the basis of following:
a) After the preparation of first register and before
Education Regulation (E.R.) take effect.
b) After E.R. take effect.
c) Special provisions.

26
a) After the preparation of First register and
before Education Regulations (E.R.)
take effect

i. Satisfies the conditions prescribed by the

Central Council OR
ii. A registered pharmacist in another State. OR
iii. Possesses a qualification for registration
granted outside the states and is at least
matriculates.

27
b) After the Education regulations take effect:
 Those who have passed an approved
examination OR
 Those who possesses a qualification granted by
authority outside India and recognize by the
Pharmacy Council Of India ( P.C.I. )
OR
Those who are Registered Pharmacist in another
State.

28
c) Special provisions:
 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
 the names of citizens of India who have been carrying on the
business or profession of pharmacy in any country outside
India and who satisfy the conditions for registrations
 the names of persons who resided in an area which has
subsequently become a territory of India and who satisfy the
conditions for registration
 the names of persons who carry on the business or profession
of pharmacy in the State, and would have satisfied the
conditions for registration and had applied for registration on
or before the date appointed, but did not get registered for
some reasons.
29
➢ A person 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 for a total period of not less then five years
prior to the date appointed.

➢ A person who were included in the register for a State as

it existed immediately before the 1st day of November,
1956 and 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;
➢The names of persons who reside or carry on their business of
profession or pharmacy in an area in which this Chapter takes
effect after the commencement of the Pharmacy (Amendment )
Act, 1959 (24 of 1959), and who satisfy the conditions for
registration.
➢ Any person who desires his name to be entered in the register
may appeal to the State Council, and such application shall be
accompanied with the prescribed fee.
30
Special provisions for registration of displaced persons,
repatriates and other persons:-
 The names of persons who posses the Degree or
Diploma in Pharmacy or Pharmaceutical Chemistry or
Chemist and have passed an examination recognized
adequate for dispensing by the State Government 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 and the rules made there under;
(c) the names of displaced person or repatriates who
were carrying on business or profession of pharmacy as
their principal means of livelihood in any country outside
India for a total period of not less than five years from a
date prior to the date of application for registration.
31
REMOVAL OF NAME FROM THE REGISTER
 If his name has been entered into the register by error.
 If he has been convicted of any offence or has been guilty of
any infamous conduct in any professional respect which make
him unfit to be in the register of pharmacist.
 If the person employed under the registered pharmacist has
been found to be guilty of any infamous conduct and the
offence was provoked by the registered pharmacist.
 The registered pharmacist himself has been found guilty of
such an offence during the period of 12 months preceding the
offence.
 Any person employed by the pharmacist has been guilty of
similar offence during the preceding 12 months and the
registered pharmacist has knowledge of such previous offence.
 If the offence or infamous conduct continued over a period,
the registered pharmacist has knowledge of the continuing
offence or infamous conduct.
32
A person aggrieved by the order directing the removal of his
name, may appeal to the State Government within 80 days
whose decision shall be final.
 A person whose name has been removed from the register, is
required to surrender his certificate of registration to the registrar
of the Pharmacy Council concerned.
 If it feels that the offence was a minor nature, it may warn the
pharmacist and stop the consideration of his case for a specified
period, during which the pharmacist should prove himself to be of
good behavior.
 But in cases of serious professional neglect or criminal conviction,
his name may be removed.
 Pharmacist can, however appeal to the high court against the
decision of Statutory Committee

33
 RENEWAL FEES
 Retention of a name on the register , subject to the
payment of prescribed fee annually before the 1st day of
April.
 If 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.
 On payment of the renewal fee, the Registrar shall issue
a receipt therefore and such receipt shall be proof of
renewal of registration.
 Entry of additional qualifications obtained by
registered pharmacist shall be entered in the register on
payment of prescribed fees
34
 DISCLAIMER
•Video contain figures ,pictures
and graphics from various online
portals for educational purpose
only ,the copyright to those
belong to the creator only.

•The use of name of certain

software /tools are for only for
teaching.

•No conflict of interest to disclose

35
3
1