The Pharmacy Act, 1948 - Introduction

The Pharmacy Act, 1948

(8 of 1948)¹

[4th March, 1948.]

An Act to regulate the profession of pharmacy.

Whereas it is expedient to make better provision for the regulation of the profession and practise of pharmacy and for that purpose to constitute Pharmacy Councils;

It is hereby enacted as follows: —

CHAPTER 1 - 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 15 A;

(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

(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 of 1948); or

(v) who is engaged in the practise 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;

⁷[(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).]

⁸[**]

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1. For Statement of Objects and Reasons, see Gazette of India, 1947, pt. V, p. 469; and for Report of select committee, see Gazette of India, 1948, pt. V, p. 6

The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, sec. 2 and Sch.1; to Pondicherry by Reg. 7 of 1963, sec. 3 and Sch I; to Goa, Daman and Diu by Reg. 11 of 1963, sec. 3 and Sch. And to Lakshadweep by Reg. 8 of 1965, sec. 3 and Sch.

The Act has been modified in its application to the States of Maharashtra, Gujarat, Mysore and Rajasthan by S.O. 2814, dated 14th August, 1964, Gazette of India, 1964 Extra., Pt. II Sec. 3(ii), p. 717. 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, sec. 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 Act 24 of 1959” sec. 2, (w.e.f. 1-5-1960).

4. Ins. by Act of 24 of 1959 sec. 2 (w.e.f. 1-5-1960).

5. Subs. by Act 70 of 1976, sec. 2, for clauses (c), (d) and (e) (w.e.f.1-9-1976).

6. Subs. by Act 24 of 1959, sec. 3, for clause (f) (w.e.f. 1-5-1960).

7. Subs. by Act 70 of 1976, sec. 2, for clauses (h), (i) and (j) (w.e.f. 1-5-1976).

8. Clause (k), ins by the A.O. 1950 was omitted by Act 24 of 1959, sec. 3 (w.e.f. 1-5-1960).