29. Preparation and maintenance of register.—(1) As soon as may be after this Chapter has taken
effect in any State, the State Government shall cause to be prepared in the manner hereinafter provided a
register of pharmacists for the State.
(2) The State Council shall as soon as possible after it is constituted assume the duty of maintaining
the register in accordance with the provisions of this Act.
(3) The register shall include the following particulars, namely:—
1. Ins. by Act 70 of 1976, s. 16 (w.e.f. 1-9-1976).
2. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 31-12-2024).
14
(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.
30. Preparation of first register.—(1) For the purpose of preparing the first register, the State
Government shall by notification in the Official Gazette constitute a Registration Tribunal consisting of
three persons, and shall also appoint a Registrar who shall act as Secretary of the Registration Tribunal.
(2) The State Government shall, by the same or a like notification, appoint a date on or before which
application for registration, which shall be accompanied by the prescribed fee, shall be made to the
Registration Tribunal.
(3) The Registration Tribunal shall examine every application received on or before the appointed
date, and if it is satisfied that the applicant is qualified for registration under section 31, shall direct the
entry of the name of the applicant on the register.
(4) The first register so prepared shall thereafter be published in such manner as the State
Government may direct, and any person aggrieved by a decision of the Registration Tribunal expressed or
implied in the register as so published may, within sixty days from the date of such publication, appeal to
an authority appointed by the State Government in this behalf by notification in the Official Gazette.
(5) The Registrar shall amend the register in accordance with the decision of the authority appointed
under sub-section (4) and shall thereupon issue to every person whose name is entered in the register a
certificate of registration in the prescribed form.
(6) Upon the constitution of the State Council, the register shall be given into its custody, and the
State Government may direct that all or any specified part of the application fees for registration in the
first register shall be paid to the credit of the State Council.
31. Qualifications for entry on first register.—1
[A person who has attained the age of eighteen
years shall be entitled] on payment of the prescribed fee to have his name entered in the first register if he
resides, or carries on the business or profession of pharmacy, in the State and if he—
(a) holds a degree or diploma in pharmacy or pharmaceutical chemistry or a chemist and druggist
diploma of an Indian University or a State Government, as the case may be, or a prescribed
qualification granted by an authority outside 2*** India, or
(b) holds a degree of an Indian University other than a degree in pharmacy or pharmaceutical
chemistry, and has been engaged in the compounding of drugs in a hospital or dispensary or other
place in which drugs are regularly dispensed on prescriptions of medical practitioners for a total
period of not less than three years, or
(c) has passed an examination recognised as adequate by the State Government for compounders
or dispensers, or
(d) has been engaged in the compounding of drugs in a hospital or dispensary or other place in
which drugs are regularly dispensed on prescriptions of medical practitioners for a total period of not
less than five years prior to the date notified under sub-section (2) of section 30.
32. Qualifications for subsequent registration.—(1) After the date appointed under sub-section (2)
of section 30 and before the Education Regulations have, by or under section 11, taken effect in the
State, 3
[a person who has attained the age of eighteen years shall on payment of the prescribed fee] be
entitled to have his name entered in the register if he resides or carries on the business or profession of
pharmacy in the State and if he—
1. Subs. by Act 24 of 1959, s. 9, for “A person shall be entitled” (w.e.f. 1-5-1960).
2. The words “the Provinces of” omitted by the A.O. 1950.
3. Subs. by Act 24 of 1959, s. 10, for “a person shall on payment of the prescribed fee” (w.e.f. 1-5-1960).
15
(a) satisfies the conditions prescribed with the prior approval of the Central Council, or where no
conditions have been prescribed, the conditions entitling a person to have his name entered on the
first register as set out in section 31, or
(b) is a registered pharmacist in another State, or
(c) possesses a qualification approved under section 14:
Provided that no person shall be entitled 1
[under clause (a) or clause (c)] to have his name entered on
the register unless he has passed a matriculation examination or an examination prescribed as being
equivalent to a matriculation examination.
(2) After the Education Regulations have by or under section 11 taken effect in the State, a person
shall on payment of the prescribed fee be entitled to have his name entered on the register if he has
attained the age of 2
[eighteen years], if he resides, or carries on the business or profession of pharmacy, in
the State and if he has passed an approved examination or possesses a qualification approved under
section 14 3
[or is a registered pharmacist in another State].
4
[32A. Special provisions for registration of certain persons.—(1) Notwithstanding anything
contained in section 32, a State Council may also permit to be entered on the register—
(a) the names of displaced persons who have been carrying on the business or profession of
pharmacy as their principal means of livelihood from a date prior to the 4th day of March, 1948, and
who satisfy the conditions for registration as set out in section 31;
(b) the names of citizens of India who have been carrying on the business or profession of
pharmacy in any country outside India and who satisfy the conditions for registration as set out in
section 31;
(c) the names of persons who resided in an area which has subsequently become a territory of
India and who satisfy the conditions for registration as set out in section 31;
(d) the names of persons who carry on the business or profession of pharmacy in the State, and
(i) would have satisfied the conditions for registration as set out in section 31, on the date
appointed under sub-section (2) of section 30, had they applied for registration on or before that
date; or
(ii) have been engaged in the compounding of drugs in a hospital or dispensary or other place
in which drugs are regularly dispensed on prescriptions of medical practitioners as defined in
sub-clause (iii) of clause (f) of section 2 for a total period of not less than five years prior to the
date appointed under sub-section (2) of section 30;
(e) the names of persons who were qualified to be entered in the register for a State as it existed
immediately before the 1st day of November, 1956, but who, by reason of the area in which they
resided or carried on their business or profession of pharmacy having become part of a State as
formed on that date, are not qualified to be entered in the register for the latter State only by reason of
their not having passed either a matriculation examination or an examination prescribed as being
equivalent to a matriculation examination of an approved examination or of their not possessing a
qualification approved under section 14;
(f) the names of persons—
(i) who were included in the register for a State as it existed immediately before the 1st day of
November, 1956; and
(ii) who, by reason of the area in which they resided or carried on their business or profession
of pharmacy having become part of a State as formed on that date, reside or carry on such
business or profession in the latter State;
1. Subs. by Act 24 of 1959, s. 10, for “under this sub-section” (w.e.f. 1-5-1960).
2. Subs. by s. 10, ibid., for “twenty-one years” (w.e.f. 1-5-1960).
3. Ins. by s. 10, ibid. (w.e.f. 1-5-1960).
4. Ins. by s. 11, ibid. (w.e.f. 1-5-1960).
16
(g) the names of persons who reside or carry on their business or profession of pharmacy in an
area in which this Chapter takes effect after the commencement of the Pharmacy (Amendment) Act,
1959 (24 of 1959), and who satisfy the conditions for registration as set out in section 31.
(2) Any person who desires his name to be entered in the register in pursuance of sub-section (1) shall
make an application in that behalf to the State Council, and such application shall be accompanied by the
prescribed fee.
(3) The provisions of this section shall remain in operation for a period of two years from the
commencement of the Pharmacy (Amendment) Act, 1959 (24 of 1959):
Provided that the State Government may, by notification in the Official Gazette, extend the period of
operation of clause (a), clause (b) or clause (c) of sub-section (1) by such further period or periods, not
exceeding two years in the aggregate, as may be specified in the notification.
Explanation 1.—For the purposes of clause (a) of sub-section (1), “displaced person” means any
person who on account of the setting up of the Dominions of India and Pakistan or on account of civil
disturbances or the fear of such disturbances in any area now forming part of Pakistan, has, on or after the
1st day of March, 1947, left or been displaced from his place of residence in such area and who has since
then been residing in India.
Explanation 2.—For the purposes of clauses (b), (c) and (g) of sub-section (1), the period referred to
in clause (d) of section 31 shall be computed with reference to the date of application.]
1
[32B. Special provisions for registration of displaced persons, repatriates and other persons.—
(1) Notwithstanding anything contained in section 32 or section 32A, a State Council may permit to be
entered on the register—
(a) the names of persons who possess the qualification specified in clause (a) or clause (c) of
section 31 and who were eligible for registration between the closing of the First Register and the date
when the Education Regulations came into effect.
(b) the names of persons approved as “qualified persons” before the 31st December, 1969 for
compounding or dispensing of medicines under the Drugs and Cosmetics Act, 1940 (23 of 1940), and
the rules made thereunder;
(c) the names of displaced persons or repatriates who were carrying on business or profession of
pharmacy as their principal means of livelihood in any country outside India for a total period of not
less than five years from a date prior to the date of application for registration.
Explanation.—In this sub-section,—
(i) “displaced person” means any person who, on account of civil disturbances or the fear of such
disturbances in any area now forming part of Bangla Desh, has, after the 14th day of April, 1957 but
before the 25th day of March, 1971, left, or has been displaced from, his place of residence in such
area and who has since then been residing in India;
(ii) “repatriate” means any person of Indian origin who, on account of civil disturbances or the
fear of such disturbances in any area now forming part of Burma, Sri Lanka or Uganda, or any other
country has, after the 14th day of April, 1957, left or has been displaced from, his place of residence
in such area and who has since then been residing in India.
(2) The provisions of clauses (a) and (b) of sub-section (1) shall remain in operation for a period of
two years from the commencement of the Pharmacy (Amendment) Act, 1976 (70 of 1976).]
1. Ins. by Act 70 of 1976, s. 17 (w.e.f. 1-9-1976).
17
STATE AMENDMENTS
Jammu and Kashmir (UT).—
Insertion of new section—After section 32B, insert—
“32C. Special provisions regarding persons registered under Jammu and Kashmir Pharmacy
Act, Samvat, 2011 (1955 A.D.).—Notwithstanding anything contained in section 32, any person whose
name has been entered in the register of pharmacists maintained under the Jammu and Kashmir Pharmacy
Act, 2011 (1955 A.D.) and possesses qualification prescribed under the said Act shall be deemed to have
been entered in the register of pharmacists prepared and maintained under Chapter IV of this Act, subject
to an application to be made in this behalf within a period of one year commencing from 31st October,
2020 and payment of such fee as may be prescribed by the Government of Union territory of Jammu and
Kashmir.”
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order,
2020, notification No. S.O. 3465(E), dated (5-10-2020).]
Ladakh (UT).—
Insertion of new section—After section 32B, insert—
“32C. Special provisions regarding persons registered under Jammu and Kashmir Pharmacy
Act, Samvat, 2011 (1955 A.D.).—Notwithstanding anything contained in section 32, any person whose
name has been entered in the register of pharmacists maintained under the Jammu and Kashmir Pharmacy
Act, 2011 (1955 A.D.) and possesses qualification prescribed under the said Act shall be deemed to have
been entered in the register of pharmacists prepared and maintained under Chapter IV of this Act, subject
to an application to be made in this behalf within a period of one year commencing from 1st day of the
January, 2020 and payment of such fee as may be prescribed by the Administration of the Union territory
of Ladakh.”
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020,
notification No. S.O. 3774(E), dated (23-10-2020).]
1
[32C. Special provision relating to persons registered or qualified under Jammu and Kashmir
Pharmacy Act, 2011.—Notwithstanding anything contained in section 32, any person whose name has
been entered in the register of pharmacists maintained under the Jammu and Kashmir Pharmacy Act,
2011 (Jammu and Kashmir Act no. LIII of 2011 (1955 A.D.). or possesses qualification (medical
assistant/pharmacists) prescribed under the said Act shall be deemed to have been entered in the register
of pharmacists prepared and maintained under Chapter IV of this Act, subject to condition that an
application to be made in this behalf within a period of one year from the commencement of the
Pharmacy (Amendment) Act, 2023 and on payment of such fee, and in such manner, as may be prescribed
by the Government of Union territory of Jammu and Kashmir and Administration of Union territory of
Ladakh.]
33. Scrutiny of applications for registration.—(1) After the date appointed under sub-section (2) of
section 30, applications for registration shall be addressed to the Registrar of the State Council and shall
be accompanied by the prescribed fee.
(2) If upon such application the Registrar is of opinion that the applicant is entitled to have his name
entered in the register under the provisions of this Act for the time being applicable, he shall enter the
name of the applicant in the register:
Provided that no person whose name has under the provisions of this Act been removed from the
register of any State shall be entitled to have his name entered in the register except with the approval of
the State Council recorded at a meeting.
(3) Any person whose application for registration is rejected by the Registrar, may within three
months from the date of such rejection appeal to the State Council, and the decision of the State Council
thereon shall be final.
1. Ins. by Act 29 of 2023, s. 2 (w.e.f. 15-8-2023).
18
(4) Upon entry in the register of a name under this section, the Registrar shall issue a certificate of
registration in the prescribed form.
34. Renewal fees.—(1) The State Government may, by notification in the Official Gazette, direct that
for the retention of a name on the register after the 31st day of December of the year following the year in
which the name is first entered on the register, there shall be paid annually to the State Council such
renewal fee as may be prescribed, and where such direction has been made, such renewal fee shall be due
to be paid before the first day of April of the year to which it relates.
(2) Where a renewal fee is not paid by the due date, the Registrar shall remove the name of the
defaulter from the register:
Provided that a name so removed may be restored to the register on such conditions as may be
prescribed.
(3) On payment of the renewal fee, the Registrar shall 1
[issue a receipt therefore and such receipt shall
be proof of renewal of registration].
35. Entry of additional qualifications.—A registered pharmacist shall on payment of the prescribed
fee be entitled to have entered in the register any further degrees or diplomas in pharmacy or
pharmaceutical chemistry which he may obtain.
36. Removal from register.—(1) Subject to the provisions of this section, the Executive Committee
may order that the name of a registered pharmacist shall be removed from the register, where it is
satisfied, after giving him a reasonable opportunity of being heard and after such further inquiry, if any, as
it may think fit to make,—
(i) that his name has been entered in the register by error or on account of misrepresentation or
suppression of a material fact, or
(ii) that he has been convicted of any offence or has been guilty of any infamous conduct in any
professional respect which in the opinion of the Executive Committee, renders him unfit to be kept in
the register, or
(iii) that a person employed by him for the purposes of his business of pharmacy 2
[or employed to
work under him in connection with any business of pharmacy] has been convicted of any such
offence or has been guilty of any such infamous conduct as would, if such person were a registered
pharmacist, render him liable to have his name removed from the register under clause (ii):
Provided that no such order shall be made under clause (iii) unless the Executive Committee is
satisfied—
(a) that the offence or infamous conduct was instigated or connived at by the registered
pharmacist, or
(b) that the registered pharmacist has at any time during the period of twelve months immediately
preceding the date on which the offence or infamous conduct took place committed a similar offence
or been guilty of similar infamous conduct, or
(c) that any person employed by the registered pharmacist for the purposes of his business of
pharmacy 2
[or employed to work under him in connection with any business of pharmacy] has at any
time during the period of twelve months immediately preceding the date on which the offence or
infamous conduct took place, committed a similar offence or been guilty of similar infamous conduct,
and that the registered pharmacist had, or reasonably ought to have had, knowledge of such previous
offence or infamous conduct, or
(d) that where the offence or infamous conduct continued over a period, the registered pharmacist
had, or reasonably ought to have had, knowledge of the continuing offence or infamous conduct, or
1. Subs. by Act 24 of 1959, s. 12, for “in the prescribed manner endorse the certificate of registration accordingly”
(w.e.f. 1-5-1960).
2. Ins. by s. 13, ibid. (w.e.f. 1-5-1960).
19
(e) that where the offence is an offence under the 1
[Drugs and Cosmetics Act, 1940
(23 of 1940)], the registered pharmacist has not used due diligence in enforcing compliance with the
provisions of that Act in his place of business and by persons employed by him 2
[or by persons under
his control].
(2) An order under sub-section (1) may direct that the person whose name is ordered to be removed
from the register shall be ineligible for registration in the State under this Act either permanently or for
such period as may be specified.
(3) An order under sub-section (1) shall be subject to confirmation by the State Council and shall not
take effect until the expiry of three months from the date of such confirmation.
(4) A person aggrieved by an order under sub-section (1) which has been confirmed by the State
Council may, within thirty days from the communication to him of such confirmation, appeal to the State
Government, and the order of the State Government upon such appeal shall be final.
(5) A person whose name has been removed from the register under this section or under sub-section
(2) of section 34 shall forthwith surrender his certificate of registration to the Registrar, and the name so
removed shall be published in the Official Gazette.
37. Restoration to register.—The State Council may at any time for reasons appearing to it
sufficient order that upon payment of the prescribed fee the name of a person removed from the register
shall be restored thereto:
Provided that where an appeal against such removal has been rejected by the State Government, an
order under this section shall not take effect until it has been confirmed by the State Government.
38. Bar of other jurisdiction.—No order refusing to enter a name on the register or removing a name
from the register shall be called in question in any Court.
39. Issue of duplicate certificates of registration.—Where it is shown to the satisfaction of the
Registrar that a certificate of registration has been lost or destroyed, the Registrar may, on payment of the
prescribed fee, issue a duplicate certificate in the prescribed form.
3
[40. Printing of register and evidentiary value of entries therein.—(1) As soon as may be after
the 1st day of April subsequent to the commencement of the Pharmacy (Amendment) Act, 1959
(24 of 1959), the Registrar shall cause to be printed copies of the register as it stood on the said date.
(2) The Registrar shall thereafter cause to the printed as soon as may be after the 1st day of April in
each year copies of the annual supplement to the register referred to in sub-section (1), showing all
additions to, and other amendments in, the said register.
(3) (a) The register shall be brought up-to-date three months before ordinary elections to the State
Council are held and copies of this register shall be printed.
(b) The provisions of sub-section (2) shall apply to the register as so printed as they apply to the
register referred to in sub-section (1).
(4) The copies referred to in sub-section (1) or sub-section (2) or sub-section (3) shall be made
available to persons applying therefor on payment of the prescribed charge and shall be evidence that on
the date referred to in the register or annual supplement, as the case may be, the persons whose names are
entered therein were registered pharmacist.]