41. Penalty for falsely claiming to be registered:-
(1) If any person whose name is not for the time being entered into
the register of the State falsely pretends that it is so entered or
uses in connection 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 five hundred rupees and on any subsequent conviction with
imprisonment extending to six months or with fine not exceeding one
thousand rupees or with both:
Provided that it shall be a defence to show that the name of the
accused is entered in the register of another State and that at
the time of the alleged offence under this section 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 resister 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
officer authorized in this behalf by the State Government or by
order of] the Executive Committee of the State Council.
(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
Provided that this sub-section shall not apply to 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.
(2) Whoever contravenes the provisions of sub-section (1) shall be
punishable with imprisonment for a term which may extend to six
months, or with fine not exceeding one thousand rupees or with both.
(3) Cognizance of an offence punishable under this section shall not
be taken except upon complaint made by 3[order
of the State Government or any officer authorized in this behalf by
the State Government or by order of the Executive Committee of the
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 of5 [eight
years] from the commencement of the pharmacy (Amendment) Act,
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
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
realized 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
there 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
(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 the 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
(1) The State Government may, by notification in the Official
Gazette, make rules to carry out the purposes of Chapters III, IV
(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
(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 function of the Executive Committee,
the summoning and holding of meetings thereof, the times and
places at which such meetings shall be held, and 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;
the qualifications, powers and duties of an Inspector;]
(a) the particulars to be stated, and the proof of
qualifications to be given, in application for registration
under Chapter IV;
(b) the conditions for registration under sub-section (1)
of section 32;
(c) fees payable under Chapter IV and the charge for
supplying copies of the register;
(d) the form of certificates of registration 7[***].
(e) the maintenance of a register;
the conduct of pharmacists and their duties in relation to
medical practitioners the public and the profession of
(f) 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.
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
1.Ins by Act 24 of 1959, sec. 15 ( w. e .f . 1-5-1960)
2.The words "except under the direct and personal supervision of
a registered pharmacist " omitted by Act 24 of 1959 , sec. 16 (w.e.f
3.Subs. by Act 24 of 1959, sec. 16, for "an order of the State
Government" (w.e.f. 1-5-1960).
4.Added by Act 70 of 1976, sec.19 (w.e.f. 1-9-1976).
5.Subs. by Act 22 of 1982, sec. 2 (w.e.f. 1-9-1981).
6.Ins.by Act 70 of 1976, sec.20 (w.e.f. 1-9-1976).
7. The words "and the manner of endorsement of renewals thereof"
omitted by Act 24 of 1959, sec.17 (w.e.f. 1-5-1960).
8. Ins. by Act 24 of 1959, sec.17 (w.e.f. 1-5-1960).
9. Ins. by Act 4 of 1986, sec. 2 and Sch. (w.e.f. 15-5-1986).