41. Penalty for falsely claiming to be registered.—4
[(1) If any person whose name is not for the
time being entered in the register of the State falsely pretends that it is so entered or uses in connection
1. Subs. by Act 70 of 1976, s. 18, for “Drugs Act, 1940 (23 of 1940)” (w.e.f. 1-9-1976).
2. Ins. by Act 24 of 1959, s. 13 (w.e.f. 1-5-1960).
3. Subs. by s. 14, ibid., for section 40 (w.e.f. 1-5-1960).
4. Subs. by Act 18 of 2023, s. 2 and Schedule for sub-section (1) (w.e.f. 31-12-2024).
20
with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he
shall be punishable on first conviction with fine which may extend to one lakh rupees and on subsequent
conviction with imprisonment which may extend to three months or with fine not exceeding two lakh
rupees, or with both:
Provided that it shall be a defence if the name of the person is entered in the register of another State
and that at the time of claim, 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 register 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 the 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:
3
[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 of 4
[eight years] from the commencement of the
Pharmacy (Amendment) Act, 1976 (70 of 1976).]
(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with 5
[imprisonment
for a term which may extend to three months, or with fine which may extend to two lakh rupees, or with
both].
(3) Cognizance of an offence punishable under this section shall not be taken except upon complaint
made by 6
[order of the State Government or any officer authorised in this behalf by the State Government,
or by order of the Executive Committee of the State Council.]
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.
1. Ins. by Act 24 of 1959, s. 15 (w.e.f. 1-5-1960).
2. The words “except under the direct and personal supervision of a registered pharmacist” omitted by s. 16, ibid.
(w.e.f. 1-5-1960).
3. Added by Act 70 of 1976, s. 19 (w.e.f. 1-9-1976).
4. Subs. by Act 22 of 1982, s. 2, for “five years” (w.e.f. 1-9-1981).
5. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 31-12-2024).
6. Subs. by Act 24 of 1959, s. 16, for “an order of the State Government” (w.e.f. 1-5-1960).
21
1
[43A. Adjudication of penalties.—(1) For the purposes of adjudging the penalties under section
26A, the Central Government shall authorise the President of the State council, Where the alleged
violation is committed, to be the adjudicating officer for holding an inquiry and impose penalty in the
manner as may be prescribed under section 18, after giving any person concerned a reasonable
opportunity of being heard.
(2) Whoever is aggrieved by any order of the adjudicating officer may prefer an appeal to the
President, Central Council, within a period of forty-five days from the date of receipt of such order in
such form and manner as may be prescribed under section 18.
(3) The President, Central council may entertain an appeal after the expiry of forty-five days, if it is
satisfied that the appellant was prevented from sufficient cause for filling the appeal within the said
period.
(4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of
being heard.
(5) An appeal under sub-section (2) shall be disposed of within ninety days from the date of filing.
(6) The amount of penalty imposed under sub-section (1), if not paid, may be recovered as an arrear
of land revenue.]
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 realised 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 three 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 this 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;
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 31-12-2024).
22
(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 functions of the Executive Committee, the summoning and holding of
meetings thereof, the times and places at which such meetings shall be held, and the 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;
1
[(ff) the qualifications, powers and duties of an Inspector;]
(g) the particulars to be stated, and the proof of qualifications to be given, in applications for
registration under Chapter IV;
(h) the conditions for registration under sub-section (1) of section 32;
(i) fees payable under Chapter IV and the charge for supplying copies of the register;
(j) the form of certificates of registration 2***;
(k) the maintenance of a register;
3
[(kk) the conduct of pharmacists and their duties in relation to medical practitioners, the public
and the profession of pharmacy;]
(l) 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.
4
[(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.]