Pharmacy act 1948

GUIDED BY :
Dr. N. L. Prasanthi
CLPT, GUNTUR
Chalapathi Institute of Pharmaceutical Sciences.
1
PRESENTED BY:
Pallavi. M
I/ II M. Pharmacy (Regulatory affairs)

CONTENTS:
 Introduction
 History
 Objective
 List of amendments
 Chapter –I
 Chapter – II
 Chapter – III
 Chapter – IV
 Chapter - V
Chalapathi Institute of Pharmaceutical Sciences. 2

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).

HISYORY:
Great harm
to the health
of people
Early 20th century-
No restriction to the
practice of pharmacy
Poor quality
of service
Absence of
recognized
curriculum

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
Provincial 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."

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

LIST OF AMENDING ACTS
AND ADAPTATION ORDERS
1. The Adaptation of Laws Order, 1950.
2. The Adaptation of Laws (No.3) Order, 1956.
3. The Pharmacy (Amendment) Act, 1959 (24 of 1959).
6. The Delegated Legislation Provisions (Amendment) Act,
1985 (4 of 1986).

CHAPTER-I
INTRODUCTORY
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.

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

 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.

CHAPTER II
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

Elected members
• Six members-
selected by
UGC among
them at least
one from
teaching
profession
• One member-
elected by MCI
• One member-
elected by State
Pharmacy
Council
Nominated
members
• Six members-
nominated by
Central govt.
• One
representative
each- UGC,
AICTE
• One registered
Pharmacist-
each state/
union territory
Ex officio
members
• The Director
General of
Health Services
• The Director of
Central Drugs
Laboratory
• The Drugs
Controller of
India

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.

FUNCTIONS OF PCI:

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.

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.

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.

CHAPTER III
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.

JOINT STATE PHARMACY
COUNCIL:
Two or more states enter into an agreement to form a joint
state pharmacy council .
Elected
members
• Registered
pharmacist- 3to
5 from each
state
• Medical
council- 1 from
each state.
Nominated
members
• Govt. nominees-
2 to 4 from each
state.
Ex-officio
members
• Chief
Administrative
Medical Officer.
• Officer incharge
of Drugs
Control
Administration.
• Govt. analyst.

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.

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.

CHAPTER IV
REGESTRATION OF PHARMACISTS
Preparation and maintenance of register
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.

QUALIFICATIONS FOR ENTRY IN
REGISTER:
 He/ She should hold a diploma in pharmacy or
pharmaceutical chemistry.
 He/ She holds a degree in an Indian University other than
pharmacy and has been engaged in the compounding of
drugs in hospital or dispensary for a total period not less
than 3years.
 Has passed an examination recognized as adequate by the
State Government for commoners or dispensers.

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. Chalapathi Institute of Pharmaceutical Sciences. 24

PRINTING OF REGISTER:
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.

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.]

CHAPTER-V
MISCELLANEOUS
OFFENCES PENALITIES
1. Falsely claims to be a registered
pharmacist.
•Fine up to Rs.500.00 on first
conviction.
•Fine up to Rs.1000.00 and or 6
months imprisonment of any
subsequent conviction.
2. Dispensing by an unregistered
person
•6 months of imprisonment or a fine
of up to Rs1000 or both.
3. Failure to surrender the
certificate of registration
•Fine of Rs.50
4. Obstruction of state pharmacy
council inspectors
•Imprisonment of up to 6 months or a
fine up to Rs1000 or both.

 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 Pharmacy Act.
 It helped the govt. to obtain some control over the
professionals engaged in this field.

REFERENCES:
 www.ipapharma.org/pdf/pharmacy_act_1948.pdf
 https://www.legalcrystal.com/act/134037/pharmacy-act-
1948-complete-act
 https://www.slideshare.net/swarnakshiupadhyay/pharmacy
-act-1948

Pharmacy act 1948

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