The Pharmacy Act, 1948 - Mode of elections

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 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 causes 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.

 ¹³[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 the 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.

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