Description
Pharmacy act 1948
What is pharmacy act
Juriprudence : The study of fundamental legal
principles is called jurisprudence. In general sense
jurisprudence includes knowledge of law while in the
technical sense it is the science of the first principles of
civil law.
Forensic Pharmacy : The wors “forensic” is derived
from term “forencis” meaning forum means public
place, market place or place of assembly for judicial and
other business .It signifies something decides at a
democratic set up.Accordingly forensic pharmacy is the
application of pharmaceutical knowledge to legal
problems.
• HISTORY
• OBJECTIVE:
• Regulating and raising the Status of Profession of Pharmacy in India
• Providing uniform education and training to the person willing
to enter the Profession of Pharmacy
• Maintaining control over the persons entering the Profession Pharmacy
• Introduction
• The Pharmacy Council Of
india (PCI)
• Functions Of Pci
• Approval Of Qualification
Granted Outside India
• Central Register
• State Pharmacy Councils
• Joint State Pharmacy
council
• Regestration Of Pharmacists
• Qualifications For Entry In
register
• Entry And Removal Of Names
• Renewal Fees
• Offences and Penalties
• ❖ The pharmacy act was commenced in 1948 underAct8.
❖ Pharmacy act provided the Profession of Pharmacy in
India with framework.
❖ It regulates and raises the status of the Profession of
Pharmacy.
❖ It recognizes the qualification granted outside India and
extends the PharmacyAct.
❖ It helped the govt. to obtain some control over the
professionals engaged in this field.
- Subject:- Pharmacutical jurisprudence
- Course:- B.pharm (pharmacy),
- Semester:- 4th sem , sem :- 4
Pharmacy act 1948
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Juriprudence : The study of fundamental legal
principles is called jurisprudence. In general sense
jurisprudence includes knowledge of law while in the
technical sense it is the science of the first principles of
civil law.
Forensic Pharmacy : The wors “forensic” is derived
from term “forencis” meaning forum means public
place, market place or place of assembly for judicial and
other business .It signifies something decides at a
democratic set up.Accordingly forensic pharmacy is the
application of pharmaceutical knowledge to legal
problems.
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HISTORY:
Early 20th century- Poor quality Absence of
No restriction to the of service recognized
practice of pharmacy curriculum
Great harm
to the health
of people
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❑ The following statement of objects and reasons i.e.
pharmacy bill was published in Gaz. of Ind.,1947, Part V, page
469.
➢ "It is desirable that, as in most other countries, only persons
who have attained a minimum standard of professional
education should be permitted to practice the Profession of
Pharmacy. It is accordingly proposed to establish a Central
Council of Pharmacy, which will prescribe the minimum
standards of education, it is further proposed to empower
Provisional Governments to prohibit the dispensing of
medicine on the prescription of a Medical Practitioner
otherwise than by, or under the direct and personal supervision
of, a registered pharmacists."
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OBJECTIVE:
Regulating and raising the Status of Profession of Pharmacy in
India
Providing uniform education and training to the person willing
to enter the Profession of Pharmacy
Maintaining control over the persons entering the Profession
Pharmacy
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INTRODUCTION:
❑ An act to regulate the ‘Profession Of Pharmacy’.
❑ The act was promulgated in the year 1948.
❑ The Pharmacy Bill, 1947, having been passed by
the Legislature received its assent on 4th March,
1948.
❑ It came on the Statute Book as THE PHARMACYACT,
1948 (8 of 1948).
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1. Short title, extent and commencement:
a. This act may be called as The Pharmacy Act 1948.
b. It extends to the whole of India except the State of Jammu and
Kashmir.
c. It shall come in to force at once but chapters III,IV and V shall
take effect in a particular state from such date as the state govt.
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2.Interpretation:In this Act, unless there is anything repugnant
in subject
a. Agreement : under section 20
b. Approved : under section 12 or 14
c. Central council : under section 3
d. Central register : under section 15(A)
e. Executive committee
f. Indian university: under section 3 of UGC Act 1956
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Medical practitioner – under section 3 of Indian Medical
Degrees act 1916.
Prescribed – under section 3.
Registered Pharmacist means a person whose name is
for the time being entered in the register.
State council – under section 19. This also includes JPC.
University Grants Commission - under section 4.
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THE PHARMACY COUNCIL OF
INDIA:
❑ The PCI was first constituted in the year 1949.
❑ Reconstituted for every 5 years.
❑ COMPOSITION:
A. Elected members
B. Nominated members
C. Ex-officio members
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Elected members
Nominated Ex officio
members
members
• Six members- • Six members- • The Director
selected by nominated by General of
UGC among Central govt. Health Services
them at least • One • The Director of
one from representative Central Drugs
teaching each- UGC, Laboratory
profession AICTE • The Drugs
• One member- • One registered Controller of
elected by MCI Pharmacist- India
• One member- each state/
elected by State union territory
Pharmacy
Council
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❑ The executive committee consists of
1. President
2. Vice president
3.Five members elected by Central Council from its
member’s
❑ Apart from this, the council also appoints
1. A registrar
2. Other officers and servants for carrying out its
statutory functions.
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FUNCTIONS OF PCI: 13
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❑ EDUCATION REGULATIONS:
1. Minimum qualification for admission in to the course.
2. Duration of training and course of study to be covered.
3. Equipments and facilities to be provided by the institutions.
4. Giving practical training.
5. Holding approved examinations.
❑ The Educational Regulations shall be published in the
Official Gazette and in such other manner as the Central
Council may direct.
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APPROVAL OF QUALIFICATION
GRANTED OUTSIDE INDIA:
1. Qualification in pharmacy granted outside India can be
recognized by PCI. This is applicable to Indian citizens.
2. Citizens of foreign nationality can be eligible for
registration when an Indian national holding the same
qualification is allowed to enter an practice in that
country.
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CENTRAL REGISTER:
❑ Under the provision of pharmacy act(1976), the PCI of
India is required to maintain a Central Register.
❑ The register has to:
a. Maintained by the Registrar council of India
b. Has to be revised suitably from time to time
c. Published in the gazette of India.
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STATE PHARMACY COUNCILS:
It also consists of three different types of members- elected,
nominated and ex-officio.
Elected members
• Six members- by registered pharmacist of the state
• One member elected by MCI
Nominated members
• Five members nominated by the State Government
Ex-officio members
• Chief administrative Medical Officer
• Officer in charge of Drugs Control Administration of the State
• Government Analyst.
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JOINT STATE PHARMACY
COUNCIL:
Two or more states enter into an agreement to form a joint
state pharmacy council .
Elected Nominated Ex-officio
members members members
• Registered • Govt. nominees- • Chief
pharmacist- 3to 2 to 4 from each Administrative
5 from each state. Medical Officer.
state • Officer incharge
• Medical of Drugs
council- 1 from Control
each state. Administration.
• Govt. analyst.
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❑ The president and vice president are elected by
the members from amongst themselves.
❑ Period of 5 years
❑ Casual vacancy is filled by nomination or election
❑ Members are eligible for re-election
❑ Possess an executive committee similar to the
central government.
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INSPECTION
The state council may appoint Inspectors having the
following qualifications.
An inspector may
➢Inspect any premises under dispensing and submit the
report to Registrar.
➢Enquire whether the person engaged in dispensing is a
registered pharmacist
➢Institute prosecution under the order of the Executive
Committee of the State Council.
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REGESTRATION OF PHARMACISTS
Preparation and maintenance of register :
❑ First Register :
➢ Procedure :
▪ State gov. has to constitute a registrartion tribunal, Tribunal consist of
three person.
▪ Registrar as secretary, Tribunal has to fixed prescribe fee.
▪ all applicant are examined,If tribunal is satisfy ,it directs his/her name
enter in to the register.
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❑ Subsequent Register :
➢Procedure:
▪ After formation of state council applications are invited within a
fixed
(due) date adressed to registrar.
▪ Upon application receipt , as per registrar opinion applicant has to
requisite qualifications, he/she may direct his/her name to be
entered in the register.
▪ If application has been rejected by registrar,he/she may appeal to
the state council within 3 months of the rejection.
▪ The decision of the state council shall be final.
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QUALIFICATIONS FOR ENTRY IN
REGISTER:
He/ She should hold a diploma in pharmacy or
pharmaceutical chemistry and has been engaged
in the compounding of drugs in hospital or
dispensary for a total period not less than 3years.
He/ She holds a degree in pharmacy from Indian University.
Has passed an examination recognized as adequate by the
State Government for commoners or dispensers.
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❑ The register shall include the following particulars,
namely:
(a) the full name and residential address of the registered
person;
(b) the date of his first admission to the register;
(c) his qualifications for registration;
(d)his professional address, and if he is employed by any
person, the name of such person;
(e) such further particulars as may be prescribed.
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ENTRY AND REMOVAL OF NAMES:
❑ Entry:
a.All applicants for the registration should be
addressed to the Registrar of SPC.
b. If the applicant has the requisite qualifications for
registration, he shall direct his or her name to be
entered in the register.
c. Upon entry, a certificate of registration is issued.
❑ REMOVAL:
a. Registration by error.
b. If he has been convicted of any offence in any professional aspect.
c. 30day period for appealing
d. Surrender of certificate of registration and publication in the
official gazette.
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❑ It is done on the 1stday of April subsequent to the
commencement of the Pharmacy (Amendment) Act, 1959
(24 of 1959).
❑ Thereafter, each year after the first of April, register will
arrange for reprinting showing supplements to the
registers.
❑ These supplements and registers are deemed to be
proof that the persons whose names are contained
therein, are registered pharmacists.
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RENEWAL FEES:
The state govt. by notification in the official gazette, direct
that for the retention of the name in the register.
In order to retain the name in the register, renewal fee
shall be paid to the state government as may be
prescribed.
Where a renewal fee is not paid by the due date, the
Registrar shall remove the name of the defaulter from the
register.
On payment of the renewal fee, the Registrar shall [issue a
receipt there for and such receipt shall be proof of renewal
of registration.]
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Offences and Penalties
OF ENCES PENALITIES
1. Falsely claims to be aregistered •Fine up to Rs.500.00 on first
pharmacist. conviction.
•Fine up to Rs.1000.00and or 6
months imprisonment of any
subsequent conviction.
2. Dispensing by an unregistered •6 months of imprisonment or a fine
person of up to Rs1000or both.
3. Failure to surrender the •Fine of Rs.50
certificate of registration
4. Obstruction of state pharmacy •Imprisonment of up to 6 months ora
council inspectors fine up to Rs1000 or both.
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❖ The pharmacy act was commenced in 1948 under Act8.
❖ Pharmacy act provided the Profession of Pharmacy in
India with framework.
❖ It regulates and raises the status of the Profession of
Pharmacy.
❖ It recognizes the qualification granted outside India and
extends the PharmacyAct.
❖ It helped the govt. to obtain some control over the
professionals engaged in this field.
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