The Pharmacy Act of 1948 was enacted to regulate the profession of pharmacy in India by establishing the Pharmacy Council of India and State Pharmacy Councils. The key objectives were to provide uniform pharmacy education across states, maintain registration of pharmacists, and raise the overall standards of pharmacy practice. The Act introduced provisions for approving pharmacy colleges, maintaining central and state registers of pharmacists, and penalties for offenses like practicing pharmacy without registration. It aimed to professionalize pharmacy and protect public health by restricting dispensing of medicines to registered pharmacists only.
3. INTRODUCTION
“AnAct to regulate the Profession of Pharmacy.”
TheAct waspromulgated in the Year1948.
ThePharmacy Bill, 1947, having been passedby the
Legislature received its assent on 4th March, 1948. It came
on the Statute Book asTHEPHARMACY ACT,1948 (8 of
1948).
Definitions –
CentralCouncil
StateCouncil
CentralRegister
MedicalPractitioner
RegisteredPharmacist
4. HISTORY OF THE PHARMACYACT
Greatharm
to the
Health of
the People
Early twentieth
century – No
restriction to the
practice of
Pharmacy.
Poor quality of
service.
Absence of
recognized
curriculum
5. Thefollowing statement of objects and reasons of the
Pharmacy Bill waspublished in the Gazette of India,1947,
Part V,Page469:
“It is desirable that, asin most other countries, only persons who
have attained aminimum standard of professional educationshould
be permitted to practise the profession of Pharmacy. It is
accordingly proposed to establish aCentral Council, which will
prescribe the minimum standards of education and approved
coursesof study and examination for Pharmacists, and Provincial
Pharmacy Councils, which will be responsible for the maintenance
of provincial registers of Qualified Pharmacists. It is further
proposed to empower Provincial Governments to prohibit the
dispensing of medicines on the prescription pf amedical
practitioner otherwise than by,or under the direct and personal
supervision of, aRegistered Pharmacist.”
6. OBJECTIVES
Regulating and Raisingthe Status of theProfession
of Pharmacy in India.
Providing uniform education and training tothe
persons willing to enter the profession of
Pharmacy.
Maintaining control over the persons enteringthe
profession of Pharmacy.
7. PHARMACY COUNCIL OF INDIA
ThePCIwasfirst constituted in the year1949.
Reconstituted every 5years.
Composition:
Elected members
Nominated members
Ex-officio members
www.ngsmips.nitte.edu.in
8. Elected members –
Sixmembers – Elected by UGCfrom Teachingprofession.
Onemember – Elected by MCI
Onemember – Elected by State Pharmacy Council.
Nominated members –
Sixmembers – Nominated by Central Govt.
Onerepresentative each– UGCandAICTE
OneRegisteredPharmacist – EachState/ Union Territory
Ex– Officio members–
TheDirector General of HealthServices
TheDirector of Central DrugsLaboratory.
TheDrugsController of India.
9. EXECUTIVECOMMITTEE–
ThePresident of the Council.
TheVice President of the Council.
Fiveother members elected by the Central Councilfrom
amongst its members.
Apart from this, the council also appoints–
ARegistrar
Other officers and servants for carrying out its statutory
functions.
10. Toframe an educational structure for the would be pharmacist and tokeep
it tuned to the changing needs with passageof time .
Education Regulations
Recognisethe qualification granted outside the territory to whichthe
PharmacyAct extends.
Maintain the Central Register for Pharmacists.
Other functions for the furtherance of the Act.
FUNCTIONSOFTHEPCI–
11. APPROVAL– Procedure to be followed for approval for an
institution providing course of study inPharmacy:
Application by institution toPCI
Inspection
Approval
Declaration
WITHDRAWAL–
Non compliance with EducationRegulations
Notice issued to the Institution by the PCI.
3 month window for the Institute to make its representation.
Final Decision rests with thePCI.
APPROVAL/WITHDRAWAL OF
INSTITUTIONS
12. APPROVAL OF QUALIFICATION GRANTED
OUTSIDE INDIA
Qualification in Pharmacy granted outside India
canbe recognised by the PCI.This is applicable to
Indian Citizens.
Citizensof Foreign nationality canbe eligible for
registration when an Indian national holding the
samequalification is allowed to enter anpractice
in that country.
13. MAINTENANCE OF CENTRAL
REGISTER
Under the provisions of the Pharmacy Act
(Amendment), 1976, the PCIis required to
maintain aCentral Register.
TheRegister has to:
Maintained by the Registrar of theCouncil.
Hasto be revised suitably from time totime.
Published in the Gazette of India.
14. STATEPHARMACY COUNCIL
Constitution of aState Pharmacy Council in eachstate.
Composition –
Elected members-
Sixmembers – Elected from amongst themselves by registered
pharmacist of thestate.
Onemember elected by the Medical Council ofState.
Nominated members–
Fivemembers – nominated by the StateGovt.
Ex-Officio members–
ChiefAdministrative Medical Officer
Officer in-charge of DrugsControlAdministration ofState.
GovernmentAnalyst.
15. JOINT STATE PHARMACY
COUNCIL
Twoor more states enter into an agreement to form a Joint
State PharmacyCouncil.
Elected Members –
Registeredpharmacist – 3 to 5 from each state instead of 6 ina
SingleState Council.
Medical Council – one from eachState.
Nominated Members–
Government Nominees – 2 to 4 from each State instead of 5.
Ex-Officio Members –
ChiefAdministrative Medical
Officer in-charge of DrugsControlAdministration
GovernmentAnalyst
16. ThePresident and Vice-President are elected by
the members from amongstthemselves.
Period of 5years.
CasualVacancyis filled by nomination or election.
Members are eligible for re-election.
Possessesan Executive Committee similar to the
Central Government.
17. FUNCTIONS OF SPC
1. Inspection by State Council:
TheState Pharmacy Council appoints suitable
number of Inspectors.
Inspect premises where drugs are compounded or
dispensed.
Inquire regarding the Registration of aPerson.
Investigate Complaints.
Institute Prosecution.
18. 2. Maintenance of Registers –
Thefirst and subsequent Registers of Pharmacists in aState–
Prepared and maintained by the StateGovernment.
TheState Councils, before the end of Juneeach year, are
required to pay to the PCI,asum equivalent to one-fourth of
the fessrealised by them during the period of 12 months ,
ending March 31st in thatyear.
Register of PharmacistsParticulars.
19. 3. ENTRYANDREMOVALOFNAMES:
Entry –
All applications for registration should be addressed to
the Registrar of the State PharmacyCouncil.
Ifthe applicant hasthe requisite qualifications for
registration, he shall direct his or her name to be entered in
the register.
Upon entry, aCertificate of Registration isissued.
Personwhose name hasbeen removed from the Register of
any State shall not be entitled to registration unless the State
Council gives its consent.
Renewal Rules.
20. Removal –
Thename of apharmacist may be removed fromthe
register on followingcounts-
If his name hasbeen entered in register byerror.
If he hasbeen convicted of an offence inany professional
respect.
If aperson employed by him is convicted of an offense or is
guilty of infamousconduct.
30 day period forAppealing.
Surrender of the Certificate of Registration and Published in
the Official Gazette.
21. 4. Printing of Registers-
Printing of the Registers– carried out on the first day of
April following the beginning of the Pharmacy
(Amendment)Act, 1959.
Thereafter, eachyear after the first of April, the
Registrar willarrange for the reprinting, showing
supplements to theRegisters.
TheseRegistersand supplements are deemed to be
proof that the persons, whose name are contained
therein, are registeredpharmacist.
22. SPECIAL PROVISIONS OF THE
ACT
PharmacyAct, 1959 (Amendment) –
Pertaining to Pharmacists affected by the Partitionof
1947.
Also, the Reorganisation of States in1956.
Provisions remained in effect for aperiod of 2years.
State Governments were empowered to extendthe
period of operation up toanother 2 years.
23. PharmacyAct, 1976 (Amendment) –
Provided for Registration of Pharmacists bySPC’swho:
Were eligible for Registration between the closing of the First
register and the coming into effect of the Educational
Regulations.
Approved Qualified Persons,before 31st December1969,
under the Drugsand CosmeticsAct, 1940 andRules.
Displaced persons from Bangladesh,after 14th April, 1957but
before 25th March,1971.
Repatriates from Burma, SriLanka,Ugandaor anyother
country.
24. OFFENCES PENALTIES
1. FalselyClaimsto be aRegistered
Pharmacist
Fine up to Rs500.00 onfirst
conviction.
Fine up to Rs1000.00 and/or 6
months imprisonment of any
subsequent conviction.
2. Dispensing by an Unregistered
Person(Exception – Medical
Practitioner)
6 months of imprisonment or afineof
up to Rs1000 or both.
3. Failure to Surrender theCertificate
of Registration
Fine of Rs50.
4. Obstruction of StatePharmacy
CouncilInspectors
Imprisonment of up to 6 months or a
fine of up to Rs1000 orboth.