3. Constitution and composition of Central Council.—The Central Government shall, as soon as
may be, constitute a Central Council consisting of the following members, namely:—
(a) six members, among whom there shall be at least one teacher of each of the subjects,
pharmaceutical chemistry, pharmacy, pharmacology and pharmacognosy elected by the 3
[University
Grants Commission] from among persons on the teaching staff of an Indian University or a College
affiliated thereto which grants a degree or diploma in pharmacy;
(b) six members, of whom at least 4
[four] shall be person possessing a degree or diploma in, and
practising pharmacy or pharmaceutical chemistry, nominated by the Central Government;
(c) one member elected from amongst themselves by the members of the Medical Council of
India;
(d) the Director General, Health Services, ex officio or if he is unable to attend any meeting, a
person authorised by him in writing to do so;
5
[(dd) the Drugs Controller, India, ex officio or if he is unable to attend any meeting, a person
authorised by him in writing to do so;]
(e) the Director of the Central Drugs Laboratory, ex officio;
6
[(f) a representative of the University Grants Commission and a representative of the All India
Council for Technical Education;]
1. Subs. by Act 70 of 1976, s. 2, for clauses (h), (i) and (j) (w.e.f. 1-9-1976).
2. Omitted by Act 24 of 1959, s. 3 (w.e.f. 1-5-1960).
3. Subs. by Act 70 of 1976, s. 3, for “authority known as the Inter-University Board” (w.e.f. 1-9-1976).
4. Subs. by s. 3, ibid., for “three” (w.e.f. 1-9-1976).
5. Ins. by Act 24 of 1959, s. 4 (w.e.f. 1-5-1960).
6. Subs. by Act 70 of 1976, s. 3, for clause (f) (w.e.f. 1-9-1976).
5
(g) one member to represent each 1*** State elected 2
[from amongst themselves] by the members
of each State Council, who shall be a registered pharmacist;
(h) one member to represent each 1*** State nominated by 3
[the] State Government, who shall be
4*** a registered pharmacist:
5
[Provided that for five years from the date on which the Pharmacy (Amendment) Act, 1976
(70 of 1976), comes into force the Government of each Union territory shall, instead of electing a
member under clause (g), nominate one member, being a person eligible for registration under
section 31, to represent that territory.]
6* * * * *
4. Incorporation of Central Council.—The Council constituted under section 3 shall be a body
corporate by the name of the Pharmacy Council of India, having perpetual succession and a common seal,
with power to acquire and hold property both movable and immovable, and shall by the said name sue
and be sued.
5. President and Vice-President of Central Council.—(1) The President and Vice-President of the
Central Council shall be elected by the members of the said Council from among themselves.
7* * * * *
(2) 8
[The President] or Vice-President shall hold office as such for a term not exceeding five years
and not extending beyond the expiry of his term as member of the Central Council, but subject to his
being a member of the Central Council, he shall be eligible for re-election:
9
[Provided that if his term of office as a member of the Central Council expires before the expiry of
the full term for which he is elected as President or Vice-President, he shall, if he is re-elected or renominated as a member of the Central Council, continue to hold office as President or Vice-President for
the full term for which he is elected to such office.]
6. Mode of elections.—Elections under this Chapter shall be conducted in the prescribed manner and
where any dispute arises regarding any such election it shall be referred to the Central Government whose
decision shall be final.
7. Term of office and casual vacancies.—(1) Subject to the provisions of this section, a nominated
or elected member 10*** shall hold office for a term of five years from the date of his nomination or
election or until his successor has been duly nominated or elected, whichever is longer.
(2) A nominated or elected member may at any time resign his membership by writing under his hand
addressed to the President, and the seat of such member shall thereupon become vacant.
(3) A nominated or elected member shall be deemed to have vacated his seat if he is absent without
excuse, sufficient in the opinion of the Central Council, from three consecutive meetings of the Central
Council or if he is elected under clause (a), (c) or (g) of section 3, if he ceases to be a member of the
teaching staff, Medical Council of India or a registered pharmacist, as the case may be.
(4) A casual vacancy in the Central Council shall be filled by fresh nomination or election, as the case
may be, and the person nominated or elected to fill the vacancy shall hold office only for the remainder of
the term for which the member whose place he takes was nominated or elected.
1. The word and letter “Part A” omitted by the Adaptation of Laws (No. 3) Order, 1956.
2. Ins. by Act 70 of 1976, s. 3 (w.e.f. 1-9-1976).
3. Subs. by the Adaptation of Laws (No. 3) Order, 1956, “each such”.
4. The words “either a registered medical practitioner or” omitted by Act 70 of 1976, s. 3 (w.e.f. 1-9-1976).
5. Subs. by s. 3, ibid., for the proviso (w.e.f. 1-9-1976).
6. The Explanation omitted by s. 3, ibid. (w.e.f. 1-9-1976).
7. The proviso omitted by Act 24 of 1959, s. 5 (w.e.f. 1-5-1960).
8. Subs. by Act 7 of 1976, s. 4, for “An elected President” (w.e.f. 1-9-1976).
9. Added by s. 4, ibid. (w.e.f. 1-9-1976).
10. The words “other than a nominated President” omitted ibid., s. 5 (w.e.f. 1-9-1976).
6
(5) No act done by the Central Council shall be called in question on the ground merely of the
existence of any vacancy in, or any defect in the constitution of, the Central Council.
(6) Members of the Central Council shall be eligible for re- nomination or re-election.
1
[8. Staff, remuneration and allowances.—The Central Council shall—
(a) appoint a Registrar who shall act as the Secretary to that Council and who may also, if
deemed expedient by that Council, act as the Treasurer thereof;
(b) appoint such other officers and servants as that Council deems necessary to enable it to carry
out its functions under this Act;
(c) require and take from the Registrar, or any other officer or servant, such security for the due
performance of his duties as that Council may consider necessary; and
(d) with the previous sanction of the Central Government, fix—
(i) the remuneration and allowances to be paid to the President, Vice-President, and other
members of that Council,
(ii) the pay and allowances and other conditions of service of officers and servants of that
Council.]
9. The Executive Commitee.—(1) The Central Council shall, as soon as may be, constitute an
Executive Committee consisting of the President (who shall be Chairman of the Executive Committee)
and Vice-President, ex officio, and five other members elected by the Central Council from amongst its
members.
(2) A member of the Executive Committee shall hold office as such until the expiry of his term of
office as member of the Central Council, but, subject to his being a member of the Central Council, he
shall be eligible for re-election.
(3) In addition to the powers and duties conferred and imposed upon it by this Act the Executive
Committee shall exercise and discharge such powers and duties as may be prescribed.
2
[9A. Other Committees.—(1) The Central Council may constitute from among its members other
committees for such general or special purposes as that Council may deem necessary and for such periods
not exceeding five years as it may specify, and may co-opt for a like period persons, who are not
members of the Central Council, as members of such committees.
(2) The remuneration and allowances to be paid to the members of such committees shall be fixed by
the Central Council with the previous sanction of the Central Government.
(3) The business before such committees shall be conducted in accordance with such regulations as
may be made under this Act.]
10. Education Regulations.—(1) Subject to the provisions of this section, the Central Council may,
subject to the approval of the Central Government, make regulations, to be called the Education
Regulations, prescribing the minimum standard of education required for qualification as a pharmacist.
(2) In particular and without prejudice to the generality of the foregoing power, the Education
Regulations may prescribe—
(a) the nature and period of study and of practical training to be undertaken before admission to
an examination;
(b) the equipment and facilities to be provided for students undergoing approved courses of study;
(c) the subjects of examination and the standards therein to be attained;
(d) any other conditions of admission to examinations.
1. Subs. by Act 70 of 1976, s. 6, for section 8 (w.e.f. 1-9-1976).
2. Ins. by s. 7, ibid. (w.e.f. 1-9-1976).
7
(3) Copies of the draft of the Education Regulations and of all Subsequent amendments thereof shall
be furnished by the Central Council to all State Governments, and the Central Council shall before
submitting the Education Regulations or any amendment thereof, as the case may be, to the Central
Government for approval under sub-section (1) take into consideration the comments of any State
Government received within three months from the furnishing of the copies as aforesaid.
(4) The Education Regulations shall be published in the Official Gazette and in such other manner as
the Central Council may direct.
(5) The Executive Committee shall from time to time report to the Central Council on the efficacy of
the Education Regulations and may recommend to the Central Council such amendments thereof as it
may think fit.
11. Application of Education Regulations to States.—At any time after the constitution of the State
Council under Chapter III and after consultation with the State Council, the State Government may, by
notification in the Official Gazette, declare that the Education Regulations shall take effect in the
State:
Provided that where no such declaration has been made, the Education Regulations shall take effect in
the State on the expiry of three years from the date of the constitution of the State Council.
12. Approved courses of study and examinations.—(1) Any authority in a State 1*** which
conducts a course of study for pharmacists may apply to the Central Council for approval of the course,
and the Central Council, if satisfied, after such enquiry as it thinks fit to make, that the said course of
study is in conformity with the Education Regulations, shall declare the said course of study to be an
approved course of study for the purpose of admission to an approved examination for pharmacists.
(2) Any authority in a State 1*** which holds an examination in pharmacy may apply to the Central
Council for approval of the examination, and the Central Council, if satisfied, after such enquiry as it
thinks fit to make, that the said examination is in conformity with the Education Regulations, shall
declare the said examination to be an approved examination for the purpose of qualifying for registration
as a pharmacist under this Act.
(3) Every authority in the States 1*** which conducts an approved course of study or holds an
approved examination shall furnish such information as the Central Council may, from time to time,
require as to the courses of study and training and examination to be undergone, as to the ages at which
such courses of study and examination are required to be undergone and generally as to the requisites for
such courses of study and examination.
13. Withdrawal of approval.—(1) Where the Executive Committee reports to the Central Council
that an approved course of study or an approved examination does not continue to be in conformity with
the Education Regulations, the Central Council shall give notice to the authority concerned of its intention
to take into consideration the question of withdrawing the declaration of approval accorded to the course
of study or examination, as the case may be, and the said authority shall within three months from the
receipt of such notice forward to the Central Council through the State Government such representation in
the matter as it may wish to make.
(2) After considering any representation which may be received from the authority concerned and any
observations thereon which the State Government may think fit to make, the Council may declare that the
course of study or the examination shall be deemed to be approved only when completed or passed, as the
case may be, before a specified date.
14. Qualifications granted outside the territories to which this Act extends.—The Central
Council, if it is satisfied that any qualification in pharmacy granted by an authority outside the 2
[territories
to which this Act extends], affords a sufficient guarantee of the requisite skill and knowledge, may
declare such qualification to be an approved qualification for the purpose of qualifying for registration
under this Act, and may for reasons appearing to it sufficient at any time declare that such qualification
1. The words “of India” omitted by the A.O. 1950.
2. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part A States and Part C States”
8
shall be deemed 1
[subject to such additional conditions, if any, as may be specified by the Central
Council,] to be approved only when granted before or after a specified date:
Provided that no person other than a 2
[citizen of India] possessing such qualification shall be deemed
to be qualified for registration unless by the law and practice of the State or country in which the
qualification is granted, persons of Indian origin holding such qualification are permitted to enter and
practise the profession of pharmacy.
15. Mode of declarations.—All declarations under section 12, section 13 or section 14 shall be made
by resolution passed at a meeting of the Central Council, and shall have effect as soon as they are
published in the Official Gazette.
3
[15A. The Central Register.—(1) The Central Council shall cause to be maintained in the
prescribed manner a register of pharmacists to be known as the Central Register, which shall contain the
names of all persons for the time being entered in the register for a State.
(2) Each State Council shall supply to the Central Council five copies of the register for the State as
soon as may be after the first day of April of each year, and the Registrar of each State Council, shall
inform the Central Council, without delay, all additions to, and other amendments in, the register for the
State made from time to time.
(3) It shall be the duty of the Registrar of the Central Council to keep the Central Register in
accordance with the orders made by the Central Council, and from time to time to revise the Central
Register and publish it in the Gazette of India.
(4) The Central Register shall be deemed to be public document within the meaning of the Indian
Evidence Act, 1872 (1 of 1872) and may be proved by the production of a copy of the Register as
published in the Gazette of India.
15B. Registration in the Central Register.—The Registrar of the Central Council shall, on receipt
of the report of registration of a person in the register for a State, enter his name in the Central Register.]
16. Inspection.—(1) The Executive Committee may appoint such number of Inspectors as it may
deem requisite for purposes of this Chapter.
(2) An Inspector may—
(a) inspect any institution which provides an approved course of study;
(b) attend at any approved examination;
(c) inspect any institution whose authorities have applied for the approval of its course of study or
examination under this Chapter, and attend at any examination of such institution.
(3) An Inspector attending at any examination under sub-section (2) shall not interfere with the
conduct of the examination, but he shall report to Executive Committee on the sufficiency of every
examination he attends and on any other matter in regard to which the Executive Committee may require
him to report.
(4) The Executive Committee shall forward a copy of every such report to the authority or institution
concerned, and shall also forward a copy together with any comments thereon which the said authority or
institution may have made, to the Central Government and to the Government of the State in which the
authority or institution is situated.
17. Information to be furnished.—(1) The Central Council shall furnish copies of its minutes and of
the minutes of the Executive Committee and an annual report of its activities 4*** to the Central
Government.
1. Ins. by Act 70 of 1976, s. 8 (w.e.f. 1-9-1976).
2. Subs. by the A.O. 1950, for “British subject of Indian domicile”.
3. Ins. by Act 70 of 1976, s. 9 (w.e.f. 1-9-1976).
4. The words “together with an abstract of its accounts” omitted by s. 10, ibid. (w.e.f. 1-9-1976).
9
(2) The Central Government may publish in such manner as it may think fit any report, 1
[or copy],
furnished to it under this section or under section 16.
2
[17A. Accounts and audit.—(1) The Central Council shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts, in accordance with such general directions
as may be issued and in such form as may be specified by the Central Government in consultation with
the Comptroller and Auditor-General of India.
(2) The accounts of the Central Council shall be audited annually by the Comptroller and AuditorGeneral of India or any person authorised by him in this behalf and any expenditure incurred by him or
any person so authorised in connection with such audit shall be payable by the Central Council to the
Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person authorised by him in connection
with the audit of the accounts of the Central Council shall have the same rights and privileges and
authority in connection with such audit as the Comptroller and Auditor-General of India has in connection
with the audit of Government accounts, and in particular, shall have the right to demand the production of
books of accounts, connected vouchers and other documents and papers.
(4) The accounts of the Central Council as certified by the Comptroller and Auditor-General of India
or any person authorised by him in this behalf together with the audit report thereon shall be forwarded
annually to the Central Council which shall forward the same with its comments to the Central
Government.]
18. Power to make ragulations.—(1) The Central Council may, with the approval of the Central
Government, 3
[by notification in the Official Gazette,] make regulations consist with this Act to carry out
the purposes of this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may
provide for—
4
[(a) the management of the property of the Central Council;]
(b) the manner in which elections under this Chapter shall be conducted;
(c) the summoning and holding of meetings of the Central Council, the times and places at which
such meetings shall be held, the conduct of business thereat and the number of members necessary to
constitute a quorum;
(d) the functions of the Executive Committee, the summoning and holding meetings thereof, the
times and places at which such meetings shall be held, and the number of members necessary to
constitute a quorum;
(e) the powers and duties of the President and Vice-President;
(f) the qualifications, the term of office and the powers and duties of the 5
[Registrar, Secretary],
Inspectors and other officers and servants of the Central Council, including the amount and nature of
the security to be furnished by the 6
[Registrar or any other officer or servant].
7
[(g) the manner in which the Central Register shall be maintained and given publicity;
(h) constitution and functions of the committees other than Executive Committee, the summoning
and holding of meetings thereof, the time and place at which such meetings shall be held, and the
number of members necessary to constitute the quorum.]
1. Subs. by Act 70 of 1976, s. 10, for “copy or abstract” (w.e.f. 1-9-1976).
2. Ins. by s. 11, ibid. (w.e.f. 1-9-1976).
3. Ins. by Act 4 of 1986, s. 2 and Schedule (w.e.f. 15-5-1986).
4. Subs. by Act 70 of 1976, s. 12, for clause (a) (w.e.f. 1-9-1976).
5. Subs. by s. 12, ibid., for “Secretary” (w.e.f. 1-9-1976).
6. Subs. by s. 12, ibid., for “Treasurer” (w.e.f. 1-9-1976).
7. Ins. by s. 12, ibid. (w.e.f. 1-9-1976).
10
1
[(i) the manner of holding inquiry and imposing penalty under sub-section (1) of section 43A;
(j) the form and manner of preferring appeal under sub-section (2) of section 43A.]
(3) Until regulations are made by the Central Council under this section, the President may, with the
previous sanction of the Central Government, make such regulations under this section, including those to
provide for the manner in which the first elections to the Central Council shall be conducted, as may be
necessary for carrying into effect the provisions of this Chapter, and any regulations so made may be
altered or rescinded by the Central Council in exercise of its powers under this section.
2
[(4) Every regulation made under this Act, shall be laid, as soon as may be after it is made, before
each House of Parliament, while it is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the regulation or both Houses agree that the regulation should not be made, the regulation shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that regulation.]