The Pharmacy Act, 1948

(1) This Act may be called the Pharmacy Act, 1948. 1[(2) It extends to the whole of India 2***.] (3) It shall come into force at once, but Chapters III, IV and V shall take effect in a particular Statefrom such date 3*** as the State Government may, by notification in the Official Gazette, appoint in thisbehalf: 4[Provided that where on account of the territorial changes brought about by the reorganisation ofStates on the 1st day of November, 1956, Chapters III, IV and V have effect only in a part of a State, thesaid Chapters shall take effect in the remaining part of that State from such date as the State Governmentmay in like manner appoint.]

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; 1[(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 undersection 15A; (da) "Executive Committee" means the Executive Committee of the Central Council or of theState Council, as the context may require; (e) "Indian University" means a University within the meaning of section 3 of the UniversityGrants Commission Act, 1956 (3 of 1956), and includes such other institutions, being institutionsestablished by or under a Central Act, as the Central Government may, by notification in the OfficialGazette, specify in this behalf;] 2[(f) "medical practitioner" means a person-- (i) holding a qualification granted by an authority specified or notified under section 3 of theIndian Medical Degrees Act, 1916 (7 of 1916), or specified in the Schedules to the IndianMedical Council Act, 1956 (102 of 1956); or (ii) registered or eligible for registration in a medical register of a State meant for theregistration 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 thisbehalf as a person practising the modern scientific system of medicine for the purposes of thisAct; or (iv) registered or eligible for registration in the register of dentists for a State under theDentists Act, 1948 (16 1948); or (v) who is engaged in the practice of veterinary medicine and who possesses qualificationsapproved by the State Government;] (g) "prescribed" means in Chapter II prescribed by regulations made under section 18, andelsewhere prescribed by rules made under section 46; 3[(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 theregister of the State in which he is for the time being residing or carrying on his profession orbusiness of pharmacy; (j) "State Council" means a State Council of Pharmacy constituted under section 19, and includesa Joint State Council of Pharmacy constituted in accordance with an agreement under section 20; (k) "University Grants Commission" means the University Grants Commission established undersection 4 of the University Grants Commission Act,1956 (3 of 1956).] 4*****

The Central Government shall, as soon asmay 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[UniversityGrants Commission] from among persons on the teaching staff of an Indian University or a Collegeaffiliated thereto which grants a degree or diploma in pharmacy; (b) six members, of whom at least 2[four] shall be person possessing a degree or diploma in, andpractising pharmacy or pharmaceutical chemistry, nominated by the Central Government; (c) one member elected from amongst themselves by the members of the Medical Council ofIndia; (d) the Director General, Health Services, ex officio or if he is unable to attend any meeting, aperson authorised 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 personauthorised 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 IndiaCouncil for Technical Education;] (g) one member to represent each 5*** State elected 6[from amongst themselves] by the membersof 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(70 of 1976), comes into force the Government of each Union territory shall, instead of electing amember under clause (g), nominate one member, being a person eligible for registration undersection 31, to represent that territory.] 10*****

The Council constituted under section 3 shall be a bodycorporate 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 sueand be sued.

(1) The President and Vice-President of theCentral Council shall be elected by the members of the said Council from among themselves. 1***** (2) 2[The President] or Vice-President shall hold office as such for a term not exceeding five yearsand not extending beyond the expiry of his term as member of the Central Council, but subject to hisbeing a member of the Central Council, he shall be eligible for re-election: 3[Provided that if his term of office as a member of the Central Council expires before the expiry ofthe full term for which he is elected as President or Vice-President, he shall, if he is re-elected or renominatedas a member of the Central Council, continue to hold office as President or Vice-President forthe full term for which he is elected to such office.]