The Pharmacy Act, 1948
The Pharmacy Act, 1948
Background
The Pharmacy Act, 1948, was enacted by the Parliament of India to regulate the profession of pharmacy in India. The primary objective is to ensure the proper and ethical practice of pharmacy, maintain the standards of pharmacy education, and regulate the registration of pharmacists.
Purpose of the Act
To regulate the profession of pharmacy.
To regulate the education and practice standards of pharmacists.
To provide for the constitution of Pharmacy Councils (Central and State).
To maintain the register of pharmacists.
To regulate the sale and distribution of drugs by qualified pharmacists.
Key Features and Provisions
1. Pharmacy Councils
The Act provides for the constitution of the Central Pharmacy Council and State Pharmacy Councils.
The Central Council advises the government on pharmacy education standards.
The State Councils maintain the register of pharmacists and supervise their conduct.
2. Registration of Pharmacists
The Act mandates registration of pharmacists in State registers.
Only registered pharmacists are legally allowed to practice pharmacy.
There are two registers: Part A (for pharmacists with degree/diploma) and Part B (for those with lesser qualifications).
Registration is a must to ensure professional accountability.
3. Pharmacy Education
The Act regulates pharmacy education and prescribes minimum standards for the qualifications necessary to practice.
Pharmacy education includes diploma or degree courses approved by the Pharmacy Council.
4. Control over Practice
Only a registered pharmacist can compound, dispense, and sell medicines.
The Act restricts unqualified persons from practicing pharmacy to protect public health.
5. Offences and Penalties
Practicing pharmacy without registration is punishable with a fine.
Misconduct or unethical practice can lead to suspension or removal from the register.
Important Sections
Section 3: Constitution of the Central and State Pharmacy Councils.
Section 12: Registration of pharmacists.
Section 15: Maintenance of registers.
Section 18: Right to practice pharmacy only by registered pharmacists.
Section 20: Penalty for false representation as a registered pharmacist.
Section 27: Punishment for unauthorized practice.
Case Laws Related to The Pharmacy Act, 1948
1. State of Punjab v. Raj Singh, AIR 1964 SC 1125
Issue: Whether a person not registered under the Pharmacy Act could be prosecuted for practicing pharmacy.
Decision: The Supreme Court held that practicing pharmacy without registration under the Pharmacy Act is illegal. The Act prohibits any unregistered person from practicing pharmacy, reinforcing the mandatory registration requirement.
2. Dr. R.K. Dhawan v. Union of India, AIR 1975 SC 1206
Issue: Whether the Central Pharmacy Council could prescribe the standards of education for pharmacists.
Decision: The Court upheld the powers of the Central Pharmacy Council under the Act to set educational standards to ensure uniformity and quality in pharmacy education.
3. Mohan Singh v. State of Rajasthan, AIR 1984 Raj 88
Issue: Whether a diploma holder in pharmacy but not registered could dispense medicines.
Decision: The Court ruled that only registered pharmacists are permitted to dispense medicines, regardless of qualifications, until they are duly registered under the Act.
4. Pharmaceutical Traders Association v. Union of India, AIR 1990 SC 233
Issue: Challenge to restrictions imposed by the Pharmacy Act on selling medicines by non-pharmacists.
Decision: The Supreme Court upheld the provisions of the Pharmacy Act, emphasizing public safety and the need to restrict drug dispensing to qualified and registered pharmacists.
Summary
The Pharmacy Act, 1948 is a crucial legislation regulating the pharmacy profession in India. It establishes regulatory bodies (Central and State Pharmacy Councils), ensures that only qualified and registered pharmacists practice, prescribes educational standards, and protects the public from malpractice by unqualified persons. Case laws have reinforced the strict interpretation of the Act, emphasizing registration, education, and the professional practice of pharmacy.
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