(b) six members, of whom at least 2[four] shall be persons possessing
a degree or diploma in, and practising pharmacy or pharmaceutical
chemistry, nominated by the Central Government;
(c) one member elected from amongst themselves by the members
of the Medical Council of India;
(d) the Director General, Health Services, ex officio or if he
is unable to attend any meeting, a person authorized 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 person authorised 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 India Council for Technical Education;]
(g) one member to represent each 5[***] State elected 6[from
amongst themselves] by the members of 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, comes into force the Government of each
Union territory shall, instead of electing a member under clause
(g) nominate one member, being a person eligible for registration
under section 31, to represent that territory.]
10[***]
4. Incorporation of Central Council. —The Council constituted
under section 3 shall be a body corporate 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 sue and be sued.
5. President and Vice-President of Central Council. —(1)
The President and Vice-President of the Central Council shall
be elected by the members of the said Council from among themselves.
11[***]
(2) 12[The President] or Vice-President shall hold office as
such for a term not exceeding five years and not extending beyond
the expiry of his term as member of the Central Council, but subject
to his being a member of the Central Council, he shall be eligible
for re-election:
13[Provided that if his term of office as a member of the Central
Council expires before the expiry of the full term for which he
is elected as President or Vice-President, he shall, if he is
re-elected or re-nominated as a member of the Central Council,
continue to hold office as President or Vice-President for the
full term for which he is elected to such office.]
6. 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 Central
Government whose decision shall be final.
7. Term of office and casual vacancies. —(1) Subject to
the provisions of this section, a nominated or elected member
14[***] 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 Central Council, from three consecutive meetings of the
Central Council or if he is elected under clause (a), (c) or (g)
of section 3, if he ceases to be a member of the teaching staff,
Medical Council of India or a registered pharmacist, as the case
may be.
(4) A casual vacancy in the Central 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 Central 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 Central Council.
(6) Members of the Central Council shall be eligible for re-nomination
or re-election.
15[8. Staff remuneration and allowances. —The Central
Council shall-
(a) appoint a Registrar who shall act as the Secretary to that
Council and who may also, if deemed expedient by that Council,
act as the Treasurer thereof;
(b) appoint such other officers and servants as that Council
deems necessary to enable it to carry out its functions under
this Act;
(c) require and take from the Registrar, or any other officer
or servant, such security for the due performance of his duties
as that Council may consider necessary, and
(d) with the previous sanction of the Central Government, fix-
(i) the remuneration and allowances to be paid to the President,
Vice-President, and other members of that Council,
(ii) the pay and allowances and other conditions of service of
officers and servants of that Council.]
9. The Executive Committee. —(1) The Central 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 five other members elected
by the Central Council from amongst its members.
(2) A member of the Executive Committee shall hold office as
such until the expiry of his term of office as member of the Central
Council, but, subject to his being a member of the Central 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.
16[9A. Other Committees. —(1) The Central Council may constitute
from among its members other committees for such general or special
purposes as that Council may deem necessary and for such periods
not exceeding five years as it may specify, and may co-opt for
a like period persons, who are not members of the Central Council,
as members of such committees.
(2). The remuneration and allowances to be paid to the members
of such committees shall be fixed by the Central Council with
the previous sanction of the Central Government.
(3) The business before such committees shall be conducted in
accordance with such regulations as may be made under this Act.]
10. Education Regulations. —(1) Subject to the provisions
of this section, the Central Council may, subject to the approval
of the Central Government, make regulations, to be called the
Education Regulations, prescribing the minimum standard of education
required for qualification as a pharmacist.
(2) In particular and without prejudice to the generality of
the foregoing power, the Education Regulations may prescribe-
(a) the nature and period of study and of practical training
to be undertaken before admission to an examination;
(b) the equipment and facilities to be provided for students
undergoing approved courses of study;
(c) the subjects of examination and the standards therein to
be attained;
(d) any other conditions of admission to examinations.
(3) Copies of the draft of the Education Regulations and of all
subsequent, amendments thereof shall be furnished by the Central
Council to all State Governments, and the Central Council shall
before submitting the Education Regulations or any amendment thereof,
as the case may be, to the Central Government for approval under
sub-section (1) take into consideration the comments of any State
Government received within three months from the furnishing of
the copies as aforesaid.
(4) The Education Regulations shall be published in the Official
Gazette and in such other manner as the Central Council may direct.
(5) The Executive Committee shall from time to time report to
the Central Council on the efficacy of the Education Regulations
and may recommend to the Central Council such amendments thereof
as it may think fit.
11. Application of Education Regulations to States. — At
any time after the constitution of the State Council under Chapter
III and after consultation with the State Council, the State Government
may, by notification in the Official Gazette, declare that the
Education Regulations shall take effect in the State:
Provided that where no such declaration has been made, the Education
Regulations shall take effect in the State on the expiry of three
years from the date of the constitution of the State Council.
12. Approved courses of study and examinations. —(1) Any
authority in a State 17][***] which conducts a course of study
for pharmacists may apply to the Central Council for approval
of the course, and the Central Council, if satisfied, after such
enquiry as it thinks fit to make, that the said course of study
is in conformity with the Education Regulations, shall declare
the said course of study to be an approved course of study for
the purpose of admission to an approved examination for pharmacists.
(2) Any authority in a State 17[***] which holds an examination
in pharmacy may apply to the Central Council for approval of the
examination, and the Central Council, if satisfied, after such
enquiry as it thinks fit to make, that the said examination is
in conformity with the Education Regulations, shall declare the
said examination to be an approved examination for the purpose
of qualifying for registration as a pharmacist under this Act.
(3) Every authority in the State 17[***] which conducts an approved
course of study or holds an approved examination shall furnish
such information as the Central Council may, from time to time,
require as to the courses of study and training and examination
to be undergone, as to the ages at which such courses of study
and examination are required to be undergone and generally as
to the requisites for such courses of study and examination.
13. Withdrawal of approval. —(1) Where the Executive Committee
reports to the Central Council that an approved course of study
or an approved examination does not continue to be in conformity
with the Education Regulations, the Central Council shall give
notice to the authority concerned of its intention to take into
consideration the question of withdrawing the declaration of approval
accorded to the course of study or examination, as the case may
be, and the said authority shall within three months from the
receipt of such notice forward to the Central Council through
the State Government such representation in the matter as it may
wish to make.
(2) After considering any representation which may be received
from the authority concerned and any observations thereon which
the State Government may think fit to make, the council may declare
that the course of study or the examination shall be deemed to
be approved only when completed or passed, as the case may be,
before a specified date.
14. Qualifications granted outside the territories to which this
Act extends. —The Central Council, if it is satisfied that
any qualification in pharmacy granted by an authority outside
the 18[territories to which this Act extends] affords a sufficient
guarantee of the requisite skill and knowledge, may declare such
qualification to be an approved qualification for the purpose
of qualifying for registration under this Act, and may for reasons
appearing to it sufficient at any time declare that such qualification
shall be deemed 19[subject to such additional conditions, if any
,as may be specified by the Central Council,] to be approved only
when granted before or after a specified date:
Provided that no person other than a 20[citizen of India] possessing
such qualification shall be deemed to be qualified for registration
unless by the law and practice of the State or Country in which
the qualification is granted, persons of Indian origin holding
such qualification are permitted to enter and practise the profession
of pharmacy.
15.Mode of declarations. —All declarations under section
12, section 13 or section 14 shall be made by resolution passed
at a meeting of the Central Council, and shall have effect as
soon as they are published in the Official Gazette.
21[15A. The Central Register. —(1) The Central Council
shall cause to be maintained in the prescribed manner a register
of pharmacists to be known as the Central Register,which shall
contain the names of all persons for the time being entered in
the register for a State.
(2) Each State Council shall supply to the Central Council five
copies of the register for the State as soon as may be after the
first day of April of each year, and the Registrar, of each State
Council, shall inform the Central Council, without delay, all
additions to, and other amendments in, the Register for the State
made from time to time.
(3) It shall be the duty of the Registrar of the Central Council
to keep the Central Register in accordance with the orders made
by the Central Council, and from time to time to revise the Central
Register and publish it in the Gazette of India.
(4) The Central Register shall be deemed to be public document
within the meaning of the Indian Evidence Act, 1872 (1 of 1872)
and may be proved by the production of a copy of the Register
as published in the Gazette of India.
15B. Registration in the Central Register. —The Registrar
of the Central Council shall, on receipt of the report of registration
of a person in the register for a State, enter his name in the
Central Register.]
16. Inspection. — (1) The Executive Committee may appoint
such number of Inspectors as it may deem requisite for the purposes
of this Chapter.
(2) An Inspector may-
(a) inspect any institution which provides an approved course
of study;
(b) attend at any approved examination;
(c) inspect any institution whose authorities have applied for
the approval of its course of study or examination under this
Chapter, and attend, as it may deem requisite for the purposes
of this Chapter at any examination of such institution.
(3) An Inspector attending at any examination under sub-section
(2) shall not interfere with the conduct of the examination, but
he shall report to the Executive Committee on the sufficiency
of every examination he attends and on any other matter in regard
to which the Executive Committee may require him to report.
(4) The Executive Committee shall forward a copy of every such
report to the authority or institution concerned, and shall also
forward a copy together with any comments thereon which the said
authority or institution may have made, to the Central Government
and to the Government of the State in which the authority or institution
is situated.
17. Information to be furnished.—(1) The Central Council
shall furnish copies of its minutes and of the minutes of the
Executive Committee and annual report of its activities 22[***]
to the Central Government.
(2) The Central Government may publish in such manner as it may
think fit any report, 23[or copy], furnished to it under this
section or under section 16.
24[17A Accounts and audit.— (1) The Central Council shall
maintain proper accounts and other relevant records and prepare
an annual statements of accounts, in accordance with such general
directions as may be issued and in such form as may be specified
by the Central Government in consultation with the Comptroller
and Auditor-General of India.
(2) The accounts of the Central Council shall be audited annually
by the Comptroller and Auditor-General of India or any person
authorized by him in this behalf and any expenditure incurred
by him or any person so authorized in connection with such audit
shall be payable by the Central Council to the Comptroller and
Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person
authorized by him in connection with the audit of the accounts
of the Central Council shall have the same rights and privileges
and authority in connection with such audit as the Comptroller
and Auditor-General of India has in connection with the audit
of Government accounts, and in particular, shall have the right
to demand the production of books of accounts, connected vouchers
and other documents and papers.
(4) The accounts of the Central Council as certified by the Comptroller
and Auditor-General of India or any person authorized by him in
this behalf together with the audit report thereon shall be forwarded
annually to the Central Council which shall forward the same with
its comments to the Central Government.]
18. Power to make regulations.— (1) The Central Council
may, with the approval of the Central Government 25[by notification
in the Official Gazette,] make regulations consistent with this
Act to carry out the purposes of this Chapter.
(2) In particular and without prejudice to the generality of
the foregoing power, such regulations may provide for-
26[(a) the management of the property of the Central Council;]
(b) the manner in which elections under this Chapter shall be
conducted;
(c) the summoning and holding of meeting of the Central Council,
the times and places at which such meetings shall be held, the
conduct of business thereat and the number of members necessary
to constitute a quorum;
(d) the functions of the Executive Committee, the summoning and
holding meetings thereof, the times and places at which such meetings
shall be held, and the number of members necessary to constitute
a quorum;
(e) the powers and duties of the President and Vice-President;
(f) the qualifications, the term of office and the powers and
duties of the 27[Registrar, Secretary], Inspectors and other officers
and servants of the Central Council, including the amount and
nature of the security to be furnished by the 28[Registrar or
any other officer or servant].
29[(g) the manner in which the Central Register shall be maintained
and given publicity;
(h) constitution and functions of the committees other than Executive
Committee, the summoning and holding of meetings thereof, the
time and place at which such meetings shall be held, the number
of members necessary to constitute the quorum.]
(3) Until regulations are made by the Central Council under this
section, the President may, with the previous sanction of the
Central Government, make such regulations under this section,
including those to provide for the manner in which the first elections
to the Central Council shall be conducted, as may be necessary
for carrying into effect the provisions of this Chapter, and any
regulations so made may be altered or rescinded by the Central
Council in exercise of its powers under this section.
30[(4) Every regulation made under this Act shall be laid, as
soon as may be after it is made, before each House of Parliament,
while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session immediately following
the session or the successive sessions aforesaid, both Houses
agree in making any modification in the regulation or both Houses
agree that the regulation should not be made, the regulation shall
thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done under that regulation.]
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