The Pharmacy Act, 1948 - Registration of Pharmacists

CHAPTER IV - REGISTRATION OF PHARMACISTS

29. Preparation and maintenance of register. —(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.

 (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.

 (3) 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.

30. Preparation of first register. — (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.

 (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.

(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.

(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.

(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.

(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.

31. Qualifications for entry on first register. — 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—

 (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 recognised as adequate by the State Government for compounders or dispensers, or

 (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.

 32. Qualifications for subsequent registration. — (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—

 (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

 (b)    is a registered pharmacist in another State, or

 (c)    possesses a qualification approved under section 14:

         Provided that no person shall be entitled ⁴[under clause (a) of 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.

 (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 ⁵[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 ⁶[or is a registered pharmacist in another State.]

  ⁷[32A.Special provisions for registration of certain persons. —(1) Notwithstanding anything contained in section 32, a State Council may also permit to be entered on the register –

 (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;

 (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 registrations as set out in section 31;

 (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;

 (d)    the names of persons who carry on the business or profession of pharmacy in the State, and

       (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

      (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 then five years prior to the date appointed under sub-section (2) of section 30;

 (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 having 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;

 (f)    the names of persons –

      (i)   who were included in the register for a State as it existed immediately before the 1st day of November, 1956; and

     (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;

(g)    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 as set out in section 31.

(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.

 (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 (24 of 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 purpose 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 (1), the period referred to in clause (d) of section 31 shall be computed with reference to the date of application. ]

  ⁸[32B. Special provisions for registration of displaced persons, repatriates and other persons. —(1) Notwithstanding anything contained in section 32 or section 32A, a State Council may permit to be entered on the register –

     (a)  the names of persons who posses 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.

    (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 (23 of 1940) and the rules made thereunder;

   (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.

Explanation. –In this sub-section, —

       (i)  “displaced persons” means any persons 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

       (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.)  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.]

33.  Scrutiny of applications for registration. —(1) After the date appointed under sub-section (2) of section 30 , applications for registration shall be addressed to the Registrar of the State Council and shall be accompanied by the prescribed fee.

 (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:

     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 persons, 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.

(4.)  Upon entry in the register of a name under section, the Registrar shall issue a certificate of registration in the prescribed form.⁹

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