Pharmacy act 1948
Contents

• Constitution of Joint State Pharmacy Council

• Functions of Joint State Pharmacy Council

• Registration of Pharmacists

• Preparation of First and subsequent register

• Deletion of names from register

•Offences and penalties
Intended Learning Outcomes

• At the end of this lecture, student will be able to

– Explain the constitution and functions of Joint State Pharmacy Council

– Describe the procedure for registration of Pharmacists

– Explain the Preparation and maintenance of first register

– Explain the Preparation and maintenance of subsequent register

– Discuss the offences and penalties pertaining to the act
Joint State Pharmacy Council
➢ Two or more State Governments can agree that the State Council of one State is to serve
the needs of the participating States
➢ Composition of Joint State Councils:
It consists of three different types of members:
A. Elected member
B. Nominated member
C. Ex-officio member
A . Elected member :
1) 3-5 members elected amongst themselves by the Registered Pharmacists of each of the
participating States
2) One member elected from amongst themselves by the members of each Medical Council
of each Stat
B . Nominated member:
2-4 members nominated by each participating state, of whom more than half possess
degree or diploma in pharmacy or be Registered Pharmacist
C. Ex-officio member:

1) The Chief administrative medical officer of each participating state

2) The Government Analyst of each participating state.

3) The officer in-charge of drugs control organisation of each participating state

➢ Executive Committee consisting of:

▪ President

▪ Vice-president

▪ The such other number of the member
REGISTRATION OF PHARMACISTS
➢ The Pharmacy Act,1948, provides for the registration of pharmacists .
➢There are two types of register,
1)First register
2)Subsequent register
➢The Preparation and maintenance of Register:
The Register shall include the following particulars:
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.
PREPARATION OF FIRST REGISTER
➢For the preparation of the first register, the State Government has to constitute a
Registration Tribunal .
➢ The Tribunal consisting of :
– Three persons,
– A Registrar ,act as Secretary.
➢Tribunal fixes the date on or before which all applications for registration with prescribed
fees are accepted.

➢All applications are examined.

➢ If tribunal is satisfied, it directs the entry of the name of the applicant on the register.
Qualifications for entry on first register
➢ Applicant should be at least 18 years old.
➢ Applicant should reside or carries on the business or profession of pharmacy in the
concerned State.
➢ Applicant should hold,
a) A degree or diploma in pharmacy OR pharmaceutical chemistry OR
b) Chemist and Druggist diploma OR
c) Qualification granted by authority outside India which is adequate for registration. OR
d) Degree of an Indian universities with not less than 3 years experience in dispensing in
hospital. OR
e) Passed an examination for dispensers recognized by state government . OR
f) Not less than 5 years experience of compounding prior to the date notified by Tribunal.
SUBSEQUENT REGISTERS
➢Procedure for subsequent registration:
From the registered pharmacists of the first register constitution of State council take
place

Application are invited within fix date , addressed to the registrar

If registrar found that applicant has requisite qualification, he may direct his/her name
to be entered in register.

If application has been rejected by registrar , he/she may appeal to state council within
3 months of the rejection.

The decision of the state council shall be final.
REQUIREMENTS FOR SUBSEQUENT REGISTRATION
➢ Applicants should be at least 18 years of the age.

➢ Applicants should carry on the profession of the pharmacy in the concerned state.
QUALIFICATIONS FOR SUBSEQUENT REGISTRATION
➢ There are 3 different types of qualifications prescribed:
1) After the preparation of first register and before E.R. take effect.
2) After E.R. take effect.
3) Special provisions.
1) After the preparation of First register and before E.R. take effect

a) Satisfies the conditions prescribed by the Central Council OR
b) A registered pharmacist in another State OR
c) Possesses a qualification for registration granted outside the states and are atleast
matriculates.
2) After the Education regulations take effect:
➢ Those who have passed an approved examination OR
➢ Those who possesses a qualification granted by authority outside India and recognize
by the P.C.I OR
➢Those who are Registered Pharmacist in another State
3) Special provisions:
➢ Provision made under The Pharmacy Act 1959, apply to persons;
▪ Affected by the partition in 1947
▪ Due to reorganization of the state in 1956
▪ Migrated to India
➢ Provision made under The Pharmacy Act 1976;
▪ Those who possess degree or diploma in Pharmacy or Pharmaceutical chemistry. OR
▪ Chemist & druggist diploma of Indian University OR
▪Passed an examination recognized for dispenser by State government . OR
▪Person approved as “Qualified persons” before 31st December 1969 under D & C Act.
▪Any displaced persons from Bangladesh , Burma ,Uganda , Sri Lanka, were carrying
profession of pharmacy for period of 5 years prior to date of application.
RENEWAL FEES
➢Retention of a name on the register , subject to the payment of prescribed fee annually
before the 1st day of April.
➢If 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.
➢ On payment of the renewal fee, the Registrar shall issue a receipt therefore and such
receipt shall be proof of renewal of registration.
➢ Entry of additional qualifications obtained by registered pharmacist shall be entered in
the register on payment of prescribed fees.
REMOVAL OF NAME FROM REGISTER
➢ The name of Pharmacist may be removed from register,
i) If his name has been entered into the register by error OR

ii) If he has been convicted of any offence in any professional respect which renders
him unfit to be kept in the register OR
iii) If the employed person is registered pharmacist , his name may be removed from
register If,
▪ Convicted of offence or held guilty of infamous conduct
▪ Offence was investigated by registered pharmacist himself
▪ If the repetition of similar offence or conduct during the period of 12 month
▪ Pharmacist may go to the appeal to the State Government within 30 days.

▪ A person whose name has been removed from the register is required to
surrender his certificate or registration to the Registrar.
➢Issue of duplicate certificates 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.
OFFENCES PENALTIES
1. Falsely claiming to be a registered 1.(a) Fine up to Rs. 500.00 on first
pharmacist. conviction.
(b) Fine up to Rs. 1000.00 and/or 6
months imprisonment of any
subsequent conviction.

2. Dispensed by unregistered persons. 2. 6 months imprisonment OR Fine up to
Exception: Rs. 1000.00 OR Both.
Medical practitioners.

3.Failure to surrender certificate of 3. Fine up to Rs. 50.00
registration.
4.Obstructing State pharmacy council 4. 6 months imprisonment OR Fine up to
Inspectors. Rs. 1000.00 OR Both.
Summary
Joint State Pharmacy Council has a constitution of Elected members, Nominated
members and Ex-officio members

The Register shall include the following particulars: full name and residential address of
the registered person; date of his first admission to the register; qualifications for
registration; professional address

Retention of a name on the register, subject to the payment of prescribed fee annually
before the 1st day of April.
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