The Pharmacy Act, 1948 - Renewal fees

34.  Renewal fees. —(1) The State Government may, by notification in the Official Gazette, direct that for the retention  of a name on the register after the 31st day of December of the year following the year in which the name is first entered on the register , there shall be paid annually to the State Council such renewal fee as may be prescribed , and where such direction has been made, such renewal fee shall be due to be paid before the first day of April of the year to which it relates.

 (2) Where 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.

 (3)    On payment of the renewal fee, the Registrar shall ¹⁰[issue a receipt therefor and such receipt shall be proof of renewal of registration.]

35.  Entry of additional qualifications. — A registered pharmacist shall on payment of the prescribed fee be entitled to have entered in the register any further degrees or diplomas in pharmacy on pharmaceutical chemistry which he may obtain.

 36.  Removal from register. —(1) Subject to the provisions of this section, the Executive Committee may order that the name of a registered pharmacist shall be removed from the register, where it is satisfied, after giving him a reasonable opportunity of being heard and after such further inquiry, if any, as it may think fit to make,-

 (i)    that his name has been entered into the register by error or on account of misrepresentation or suppression of a material fact, or

 (ii)    that he has been convicted of any offence or has been guilty of any infamous conduct in any professional respect which in the opinion of the Executive Committee, renders him unfit to be kept in the register, or

 (iii)   that a person employed by him for the purposes of his business of pharmacy ¹¹[or employed to work under him in connection with any business of pharmacy] has been convicted of any such offence or has been guilty of any such infamous conduct as would, if such person were a registered pharmacist, render him liable to have his name removed from the register under clause (ii):

        Provided that no such order shall be made under clause (iii) unless the Executive Committee is satisfied —

 (a)   that the offence or infamous conduct was instigated or connived at by the registered pharmacist, or

 (b)   that the registered pharmacist has at any time during the period or twelve months immediately preceding the date on which the offence or infamous conduct took place committed a similar offence or been guilty of similar infamous conduct, or

 (c)   that any person employed by the registered pharmacist for the purposes of his business of pharmacy ¹¹[or employed to work under him in connection with any business of pharmacy] has at any time during the period of twelve months immediately preceding the date on which the offence or infamous conduct took place, committed a similar offence or been guilty of similar infamous conduct, and that the registered pharmacist had, or reasonably ought to have had, knowledge of such previous offence or infamous conduct , or

 (d)  that where the offence or infamous conduct continued over a period, the registered pharmacist had, or reasonably ought to have had, knowledge of the continuing offence or infamous conduct, or

 (e)  that where the offence is an offence under the ¹²[Drugs and Cosmetics Act, 1940 (23 of 1940)], the registered pharmacist has not used due diligence in enforcing compliance with the provisions of that Act in his place of business and by persons employed by him ¹¹[or by persons under his control].

 (2)  An order under sub –section (1) may direct that the person whose name is ordered to be removed from the register shall be ineligible for registration in the State under this Act either permanently or for such period as may be specified.

 (3) An order under sub-section (1) shall be subject to confirmation by the State Council and shall not take effect until the expiry of three month from the date of such confirmation.

 (4) A person aggrieved by an order under sub-section (1) which has been confirmed by the State Council may, within thirty days from the communication to him of such confirmation, appeal to the State Government, and the order of the State Government upon such appeal shall be final.

 (5) A person whose name has been removed from the register under this section or under sub-section (2) of section 34 shall forthwith surrender his certificate or registration to the Registrar, and the name so removed shall be published in the Official Gazette.

37. Restoration to register —The State Council may at any time for reasons appearing to it sufficient order that upon payment of the prescribed fee the name of a person removed from the register shall be restored thereto:

     Provided that where an appeal against such removal has been rejected by the State Government, an order under this section shall not take effect until it has been confirmed by the State Government.

38. Bar of other jurisdiction. —No order refusing to enter a  name on the register or removing a name from the register shall be called in question in any Court.

39.  Issue of duplicate certificate of registration. — Where it is shown to the satisfaction of the Registrar that a certificate of registration has been lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a duplicate certificate in the prescribed form.

¹³ [40. Printing of register and evidentiary value of entries therein. —(1) As soon as may be after the 1st day of April subsequent to the commencement of the Pharmacy (Amendment) Act, 1959 (24 of 1959), the Registrar shall cause to be printed copies of the register as it stood on the said date.

 (2) The Registrar shall thereafter cause to be printed as soon as may be after the 1st day of April in each year copies of the annual supplement to the register referred to in sub-section (1), showing all additions to and other amendments in, the said register.

 (3) (a)   the register shall be brought up-to-date three months before ordinary elections to the State Council are held and copies of this register shall be printed.

 (b) The provisions of sub-section (2) shall apply to the register as so printed as they apply to the register referred to in sub-section (1).

 (4) The copies referred to in sub-section (1) or sub-section (2) or sub-section (3) shall be made be available to persons applying therefor on payment of the prescribed charge and shall be evidence that on the date referred to in the register or annual supplement, as the case may be, the persons whose name are entered therein were registered pharmacists.]

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