Pharmacy Act 1948
Introduction
Pharmacy Act 1948:-
Before independence there were no regulations for the
profession and practice of pharmacy. The drug enquiry committee recommended
that the person practicing pharmacy that is the person responsible for compounding
and dispensing of medicines should have a proper education background.
Health survey and development committee also made a similar
type of recommendation consequently the
Pharmacy Act come into force in March 1948.
Objectives
of Pharmacy Act, 1948
The pharmacy act 1948 is passed with the main objects to
regulate the profession and practice of pharmacy are as follows-
• To make better
provisions for requlating profession and practicing of pharmacy.
• To rise the
status of “Profession of Pharmacy” in India.
• To constitute
“Pharmacy Council of India” For setting new standards in pharmacy
education.
• To regulate
pharmacy institution specially “Diploma in Pharmacy” through
education requlations with registration of pharmacist.
Definitions:-
The pharmacy act was passed in March 1948 there were
following components to followed by pharmacy act.
1. Registered
Pharmacist: – Registered pharmacist means a person whose name is for the
time being entered in the register of state in which he is for a time being
residing or carrying on his profession or business of pharmacy.
2. Central council: –
Central council means “”PCI constituted under section-3 of pharmacy
Act 1948.
3. Executive
committee: – Executive committee means executive committee of control
council or state council as the context may require.
4. State council: –
State council means a “State Council of Pharmacy” constituted under
section-19 and includes “Joint state council of Pharmacy” constituted
in accordance with an agreement under section-20 of Pharmacy Act 1948.
5. Displaced person:
– Any person who has left or has been displaced from place of is residence
in Pakistan on or after 1march 1947 on account of setting upto dominions of
India and Pakistan or an account of civil disturbance or fear thereof and since
than residing in India.
6. Central Register:
– Central Register means the register of pharmacist maintain by the
pharmacy council of India under section-15A.
7. Repatriates :-
Repatriates means any person of Indian
origin who has left or has been displaced from place of his residence in
Burma, Srilanka, Uganda or any other countries, after 14 th April 1957 on
account of civil disturbance or fear there of and since than residing in India.
8. Medicinal
practitioner: – A person registered for medicinal practitioner of state who
is decleared by the state government of India.
A person registered or eligible for registration in the
Register of dentist for a state under the dentist act 1948.
Pharmacy
Council of India:-
The first pharmacy council was constituted in 1949. It is
reconstructed every five year. The pharmacy council of India is constituted
under section-3 of pharmacy Act 1948 and consist of following members.
A. Elected members
B. Nominated Members
C. Ex-official
members
A. Elected members:-
• Six member elected by “University Grand
Commition” from among teachers working in Indian University or college
affiliated to Indian University which grands degree or diploma in Pharmacy.
Among these only one teacher of each the subject pharmaceutical chemistry,
pharmacology, Pharmacognosy.
• One members elected from themselves by member of
“Medical council of India”
• One registered Pharmacist to represent each state,
selected from themselves by member of each state council.
B. Nominated Members:-
• Six members are nominated by the central government of
whom at least four shall be processing degree or D.Pharma and are in practice
of pharmacy or pharmaceutical chemistry.
• A representative
of University Grand Commition.
• A representative
of “All India council for technical education” (A.I.C.T.E.)
C. Ex-officio members:-
• The director
general, health service, ex-officio.
• The drug
controller of India.
• The director of
central drug laboratory.
Function of
PCI:-
1. To regulate
pharmacy institution specially Diploma in Pharmacy through education
regulation.
2. To frame
periodically “Education Regulation” with approval of central government
for setting new standard for pharmacy education.
3. To approve or
disapprove course of study and examination in pharmacy.
4. To recognise
foreign qualification in pharmacy for purpose of registration.
5. To maintain
central register of pharmacist.
Power of
PCI to regulation.
• Under section-10
of pharmacy Act, The pci is empowered to frame education regulations after
approval of central government.
• Under section-18
a pharmacy act with approval of central government PCI is empowered to make
regulations for the following purpose.
• Management of
property of central council
• Manner of
conducting elections.
• Holding meetings
to fix time, place, and conduct, of business in such meeting.
• Function of
executive committee, holding meetings to fix time and place.
• Power and duties
of president and vice president.
• Qualifications,
terms, power and degree of registered, inspectors and other officers.
Educations
and Regulations:-
Under section-10 of pharmacy Act 1948 the PCI is impowered
to frame education regulation after approval of central government. The
education regulations prescribed minimum standards of educations for
Pharmacists which includes-
1. Qualification of Pharmacist
2. Minimum qualification for addmission to 1st year
D.pharma.
3. Approval of institute conduction course of study.
4. Approval of examination
5. Eligible for appearing in examination at d.pharma part
1st and part 2nd.
6. Periods and other conditions of practical training.
7. Equipment and facilities to be provided by institutions.
8. Condition to fulfill by the examination authority.
Procedure
of framing
Education regulation (ER) and Amendments.
• Under
section-10 of pharmacy Act 1948 there is provision for framing education
regulations for regulations and control of pharmacy institution. The central
with approval of central govt. Make regulations called education regulations.
• Education
regulation prescribe minimum standards of educations required for qualification
as Pharmacists.
• Befor submitting the education regulations
for approval of central forward copies of draft of education requlation to all
state government.
• The state
government of required to send comment to copy to draft.
• After
considering the comments on the draft education regulation, the central council
shall be submit the draft of education regulation to the central government for
eight approval.
• After approval
of central government education regulations are published in the official
gazettes.
• The efficacy of education regulation shall be
reported to central council by the executive council and may propose
amendments. Some procedure also forward for efficiently amendments of state
council.
• Application of
education regulation to the state.
• Any time after
constitution of state council with due consultation of state council state
government may apply education regulation to the state by notification in the
official gazettes.
State
Pharmacy Council.
Section-19 of pharmacy Act 1948 provides for constitution
and composition of state council. Every state government has to constitute
state council accordingly which consists of following members.
1. Elected members
2. Nominated Members
3. Ex-officio members
1. Elected members: –
Six members elected from among themselves by registered Pharmacist of state.
One member elected by the state Medical council from amongst its member.
2. Nominated Members:
– Five members are nominated by the state government of whom atleast three
should be degree are D.Pharma or pharmaceutical chemistry or should be
registered Pharmacist.
3. Ex-officio
members: – The chief administrative medical officer of the state
ex-officio.
• The officer
incharge of drug controller department of State.
• The government
analyst deputed by the state government.
• President and
Vice President of shall be elected by the members from amongst themselves.
• Subject to
membership they hold office for the five years and are also eligible for
re-election.
Elected and nominated Members hold office for five years
however they may in written resign at any time. If any nominated or elected
member remain absent without sufficient reason for three constitutive meetings.
He is deemed to have vacated his seat casual vacancies filled only for the
reminder term by fresh nomination or elections as the case may be.
Registration
of pharmacist:-
The pharmacy act provides for registration of the pharmacist
to regulate the entry of person in “Pharmacy professions” only person
having requisite, qualifications, training, and experience are allowed to enter
the professions. Name of registered Pharmacist are entered in the Register
maintain by state council and central council.
The register include particulars:-
• Full name and
resisdental address of registered Pharmacist.
• Date of first
addmission to register.
• Qualification
for registration
• Professional
address, Name of employer if employed.
• Such other
particulars are may be prescribed.
First
register:-
• For preparation
of 1st register the state government constitutes a “Registration
Tribunal” by notification in the official gazette.
• The tribunal
consists of three person and a register. The registered act as secretary of
tribunal.
• The state
government by notification specify the date for submission of applications for
registration. The applications for registration along with prescribed fee
should be made on or before this date registration tribunal.
• The state
government by notification specify the date for submission of applications for
registration. The applications for registration along with prescribed fee
should be made on or before this date registration tribunal.
Qualification
for entry on 1st register:-
• A person above
18 years of age who resides or carries business or professions of pharmacy in
the state on patient of prescribe fee is entitled for entry of the name in the
1st Register.
• Hold degree or
diploma in Pharmacy of pharmaceutical chemistry or a “chemist” and
“druggist” “Diploma of Indian University or state
government”. A qualification granted outside of India approved under
section-14.
• Hold degree of
and Indian University other than degree in pharmacy or pharmaceutical chemistry
and has been engaged for a total period of time is more than than 3 years in
compounding of drug in hospital or dispensary in other place.
• Passed an
examination recognised as adequate by the state government for compounding or
dispensing.
Procedure
for Registration of Pharmacist:-
• Under
provisions for section-33 of act state pharmacy council register name, Address,
and, Qualifications of the Pharmacist in the state register an application in
prescribed pro-forma is to be submitted to the register of respective State
pharmacy council.
• The application
should be accomplished by the prescribed fee and following document.
Document
required for Registration of Pharmacist (P.C.I. Registration):-
1. 5 recent passport
size photo
2. ID proof
3. Address proof
4. Hospital training
certificate
5. Mark sheet of 1st
year and 2nd year D.Pharma, if you want to get the registration of B.Pharma
then its complete mark sheet all year.
6. Provision
certificate
7. 10+2 marksheet
Renewal of
Registration:-
• First registration
continued till 31 December of year following the year in which it is granted
there after registered Pharmacist should annually renew registration by the due
date to retain his name on register of pharmacist.
• On failure to
remit renewal fee before due date 1April of subsequent year.
• The name
defalter pharmacist is remove from the registered on payment of renewal fee the
register issues receipt therefore.
• This stand as a
proof of renewal of Registration in order to avoid such situation, pharmacist
may voluntarily remit advance renewal fee in Lump Sum (ARFL).
Offences
and Penalties:-
• Falsely claiming
to be a registered Pharmacist.
• Dispensing by
unregistered person.
• Will full
obstruction to an inspector
• Failure to
surrender certificate of registration.
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