The Pharmacy Act, 1948 - Constitution and Composition of Central Council

 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 ¹[University Grants Commission] from among persons on the teaching staff of an Indian University or a college affiliated thereto which grants a degree or diploma in pharmacy;

 (b) six members, of whom at least ²[four] shall be persons possessing a degree or diploma in, and practising pharmacy or pharmaceutical chemistry, nominated by the Central Government;

 (c) one member elected from amongst themselves by the members of the Medical Council of India;

 (d) the Director General, Health Services, ex officio or if he is unable to attend any meeting, a person authorized by him in writing to do so;

  ³[(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;

  ⁴[(f) a representative of the University Grants Commission and a representative of the All India Council for Technical Education;]

 (g) one member to represent each ⁵[***] State elected ⁶[from amongst themselves] by the members of each State Council, who shall be a registered pharmacist;

 (h) one member to represent each ⁵[***] State nominated by ⁷[the] State Government, who shall be       ⁸[***] a registered pharmacist:

  ⁹[Provided that for five years from the date on which the Pharmacy (Amendment) Act, 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) ¹²[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:

  ¹³[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 ¹⁴[***] 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.

 (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.

 ¹⁵[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 Committee. —

(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.

¹⁶[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.]

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