PHARMACY ACT 1948

Introduction :-

The pharmacy Act was passed on 1948 with the object of raising the status of the profession of
pharmacy in India with the following two objects in mind:

(i) To provide uniform education and training for the prospective Pharmacists.

(ii) To maintain control over the persons entering the profession of pharmacy, by
providing

for their registration in every state.

Pharmacy Council of India:-

1) It was constituted by the central Government in 1949.

2) The PCI is reconstituted every five years.

3) PCI consists of the following members:

(a) Six persons elected by the UGC from among the teaching staff, out of which at least
there should be one teacher from P.Chemist, Pharmacognosy, and Pharmacology.

(b) Six persons nominated by the Central Government out of which at least four should
possess a degree or diploma in pharmacy, and should be involved in the practice of
pharmacy or pharmaceutical chemistry.

(c) One person elected by the Indian Medical Council from among its members.

(d) One person a registered Pharmacist, nominated by the Governments of each of the
States and Union Territories.

(e) One person shall be registered Pharmacist, elected by each State Pharmacy Councils
from among its members.

(f) A representative of the UGC and representative of A.I.C.T.E.

(g) The following Ex-officio members:

(i) Director, General of Health Services

 (ii) Director, Central Drugs Laboratory

(iii) Drugs controller of India.

The council elects a president and a vice president from among its members. The executive
committee also elects five other members.

The council may appoint a Secretary and such other staff as may be required to carry out its
functions.

Objectives of the Pharmacy Act :

1. Prescribing the minimum standard of education required for qualifying as a pharmacist

i.e., framing of education regulations prescribing the conditions to be fulfilled by the
institutions seeking approval of the PCI for imparting education in Pharmacy.

2. Ensuring uniform implementation of the educational standards throughout the country.

3. Approving the courses of study and examination for pharmacists i.e, approval of the
academic training institutions providing Pharmacy courses.

4. Withdrawing approval, if the course of study does not continue to be in conformity with
the educational standards by the PCI.

5. Approving qualifications granted outside the territories to which the pharmacy act
extends i.e., the approval of foreign qualification.

6. Maintaining Central Register of Pharmacists.

Educational Regulations:-

The PCI has laid down the minimum standards of education required for a pharmacist. The
education regulations are:

i. Minimum qualification for admission to the course.

ii. Duration of the training and the course of study to be covered.

iii. Nature and period of practical training to be undertaken after the completion of regular
course.

iv. The Subject of examination and the standards to be attained therein for qualifications.
 v. Equipment and facilities to be provided for the students by the institutions running
approved courses of study.

vi. Conditions to be fulfilled by institutions giving practical training.

vii. Conditions to be fulfilled by the authorities holding approved examinations.

viii. Thus the pharmacy councils declare the education regulations in their respective states.

Inspections for Institution approval :- The PCI sends its inspectors to visit the institution,
verify and made sure that the minimum facilities stated in the education regulations and other
basic requirements are fulfilled or not? On the report of the inspectors, if the council is satisfied,
it may give approval to it.

If any of the institutions conducting approved course of study does not continue to confirm with
the education regulations, and is brought to the notice of the PCI it may withdraw its approval.

Central Register of Pharmacists :- PCI maintains a register containing names of all registered
pharmacists in different states. It is the register maintained by registrar of PCI. It is revised time
to time correctly and published in the gazette of India.

The above register is a public document under the control of India Evidence Act 1872 indrectly.

Registration of Pharmacist :-

1. First register of Pharmacist :- Immediately after independence until state pharmacy council
was constituted.

2. Subsequent register : During the period of implementation of pharmacy Act and fr4aming of
educational registrations.

3. Regular register :- After framing education regulations came into force.

Registration after formation of the State Pharmacy Councils:

After the formation of State Pharmacy Council, the Registrar is the main incharge of
SPC.

Registrars opinion is the final in deciding the registration of the pharmacist that the
application has got the required qualification or not?
 Registrar may direct his or her name to be entered into the register, or he may reject the
application if the application is lacking any fulfillment.

The State Pharmacy Council maintains upto date register of pharmacists after collection of
required fees including following information:

(i) Full name of pharmacist and his/her address

(ii) The date of his/her first admission to the register

(iii) Qualification, year of qualifying examination

(iv)Professional address

(v) Date of birth and any other particulars as prescribed.

Removal of Name from Register :- The name of the pharmacist may be removed from the
register on the following grounds:

(i) If his name has been entered in the register due to error or misrepresentation of
suppression of facts etc.

(ii) If he has been convicted of an offence in any professional respect.

(iii) If a person employed to work under him in connection with any business of
pharmacy has been convicted of an offence of bad conduct that he was registered
pharmacist himself, his name is removed from the registered.

(iv)The removal of name from the register may be permanent or specified period of time.

(v) Any person affected by the order resulting in the removal of his name can appeal to the
State Government within 80 days, whose decision shall be final.

Offences & Penalties :-

The following are the under the Act :

(i) Any person who falsely claims to be a Registered Pharmacist and shows that his name is
entered in the register of pharmacists is liable to a fine or Rs.100/- on the first conviction
and upto Rs.1000/- or imprisonment for 6 months, on any subsequent convictions.
 (ii) Except the Medical Practitioners, only the registered Pharmacists who can undertake
compounding and dispensing of drugs. Any one who contravenes this rule is liable to be
punished with imprisonment upto 6 months or a fine upto Rs.1000/- or with both.

(iii) Any person, whose name has been removed from the register and fails to
surrender his certificate of registration to Registrar without reason is liable to a fine upto
Rs.50/-.

(iv)Any person, who will fully obstructs an inspector of the State Pharmacy Council from
discharging his duties under the Act shall be deemed guilty of an offence and may be
punished with imprisonment upto 6 months or fine upto Rs.1000/- or both.

STATE PHARMACY COUNCILS

The Pharmacy Act provides the constitution for every state. Two or more States may however
agree to have a joint council for definite or indefinite period of time. Duration of each council is
five years and it consists of following members.

Sl.No. State Pharmacy Council Joint State Pharmacy Council

1. Six registered Pharmacists elected from 1.3-5 registered pharmacists elected
among themselves. from among the pharmacists of each
participating State.
2. 5 Persons nominated by the State 2. 2-4 members nominated by each of
Government of whom 3 should possess a the State Governments more than half of
degree or diploma in Pharmacy. whom should possess a degree or
diploma in Pharmacy.
3. One person elected by the MC (Medical 3. One person elected by the Medical
Council) of the state from among its Council of each state from among its
members. The following are ex officio members.
members.
(a) Chief Administrative Medical Officer of (a) Chief Administrative Medical Officer
the State. of each State
(b) Government analyst appointed under the (b) One Government analyst from each
drugs & cosmetics Act 1940. State.
(c) The officer incharge of drugs control (c) The officer incharge of the drugs
 organization in Sate control organization in each state.

Each State Pharmacy Council shall have a president and vice president elected by its members.
The council appoints a Registrar and other officers and staff as may be required.

The State Council is required to pay a sum equivalent to one fourth of the fees realized by them
to PCI during the period of 12 months.

Inspections by the State Councils :-

The SPC can appoint suitable number of Inspectors having prescribed qualifications to inspect
community pharmacies in respect of contravention of the Act.