| Provided that it shall be a defence
to show that the name of the accused is entered in the register
of another State and that at the time of the alleged offence under
this section an application for registration in the State had
been made.
(2) For the purposes of this section —
(a) it shall be immaterial whether or not any person is deceived
by such pretence or use as aforesaid;
(b) the use of the description “pharmacist”, “chemist”,
“druggist”, “pharmaceutist”, “dispenser”,
“dispensing chemist”, or any combination of such words
1[or of any such word with any other word] shall be deemed to
be reasonably calculated to suggest that the person using such
description is a person whose name is for the time being entered
in the resister of the State;
(c) the onus of proving that the name of a person is for the
time being entered in the register of a State shall be on him
who asserts it.
(3) Cognizance of an offence punishable under this section shall
not be taken except upon complaint made by order of the State
Government or 1[any officer authorized in this behalf by the State
Government or by order of] the Executive Committee of the State
Council.
42.Dispensing by unregistered persons.—(1) On or after
such date as the State Government may by notification in the Official
Gazette appoint in this behalf, no person other than a registered
pharmacist shall compound, prepare, mix, or dispense any medicine
on the prescription of a medical practitioner 2[***];
Provided that this sub-section shall not apply to dispensing
by a medical practitioner of medicine for his own patients, or
with the general or special sanction of the State Government,
for the patients of another medical practitioner.
(2) Whoever contravenes the provisions of sub-section (1) shall
be punishable with imprisonment for a term which may extend to
six months, or with fine not exceeding one thousand rupees or
with both.
(3) Cognizance of an offence punishable under this section shall
not be taken except upon complaint made by 3[order of the State
Government or any officer authorized in this behalf by the State
Government or by order of the Executive Committee of the State
Council]:
4 [Provided further that where no such date is appointed by the
Government of a State, this sub-section shall take effect in that
State on the expiry of a period of5 [eight years] from the commencement
of the pharmacy (Amendment) Act, 1976.]
43. Failure to surrender certificate of registration. —(1)
If any person whose name has been removed from the register fails
without sufficient cause forthwith to surrender his certificate
of registration he shall be punishable with fine which may extend
to fifty rupees.
(2) Cognizance of an offence punishable under this section shall
not be taken except upon complaint made by an order of the Executive
Committee.
44. Payment of part of fees to Central Council. —The State
council shall before the end of June in each year pay to the Central
Council a sum equivalent to one-fourth of the total fees realized
by the State Council under this Act during the period of twelve
months ending on the 31st day of March of that year.
45. Appointment of Commission of Enquiry. —(1) Whenever
it appears to the Central Government that the Central Council
is not complying with any of the provisions of this Act, the Central
Government may appoint a Commission of Enquiry consisting of there
persons, two of whom shall be appointed by the Central Government
one being the Judge of a High Court, and one by the Council; and
refer to it the matters on which the enquiry is to be made.
(2) The Commission shall proceed to enquire in such manner as
it may deem fit and report to the Central Government on the matters
referred to it together with such remedies, if any, as the Commission
may like to recommend.
(3) The Central Government may accept the report or remit the
same to the Commission for modification or reconsideration.
(4) After the report is finally accepted, the Central Government
may order the Central Council to adopt the remedies so recommended
within such time as may be specified in the order and if the Council
fails to comply within the time so specified, the Central Government
may pass such order or take such action as may be necessary to
give effect to the recommendations of the Commission.
(5) Whenever it appears to the State Government that the State
Council is not complying with any of the provisions of the Act,
the State Government may likewise appoint a similar Commission
of Enquiry and pass such order or take such action as specified
in sub –sections (3) and (4).
46. Power to make rules. —(1) The State Government may,
by notification in the Official Gazette, make rules to carry out
the purposes of Chapters III, IV and V.
(2) In particular and without prejudice to the generality of
the foregoing power such rules may provide for-
(a) the management of the property of the State Council, and
the maintenance and audit of its accounts;
(b) the manner in which elections under Chapter III shall be
conducted;
(c) the summoning and holding of meetings of the State Council,
the times and places at which such meetings shall be held, the
conduct of business thereat and the number of members necessary
to form a quorum;
(d) the powers and duties of the President and Vice-President
of the State Council;
(e) the constitution and function of the Executive Committee,
the summoning and holding of meetings thereof, the times and places
at which such meetings shall be held, and number of members necessary
to constitute a quorum;
(f) the qualifications, the term of office and the powers and
duties of the Registrar and other officers and servants of the
State Council including the amount and nature of the security
to be given by the Treasurer;
6[(ff) the qualifications, powers and duties of an Inspector;]
(a) the particulars to be stated, and the proof of qualifications
to be given, in application for registration under Chapter IV;
(b) the conditions for registration under sub-section (1) of
section 32;
(c) fees payable under Chapter IV and the charge for supplying
copies of the register;
(d) the form of certificates of registration 7[***].
(e) the maintenance of a register;
8[(kk) the conduct of pharmacists and their duties in relation
to medical practitioners the public and the profession of pharmacy;]
(f) any other matter which is to be or may be prescribed under
Chapters III, IV and V except sub-sections (1),(2),(3) and (4)
of section 45.
9[(3) Every rule made by the State Government under this section
shall be laid, as soon as may be after it is made, before the
State Legislature.]
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