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 4(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 5(four) shall be persons
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.
1. Subs. by Act 24 of 1959, s. 3, for
cls. (f) (w.e.f. 1-5-1960).
2. Subs. by Act 70 of 1976, s.2, for cls. (h), (i) and (j)
3. Cl. (k), ins. by the A.O. 1950 was omitted by Act 24 of
1959, s. 3 (w.e.f. 1-5-1960).
4. Subs. by Act 70 of 1976, s.3, for ''authority known as the
Inter-University Board'' (w.e.f. 1-9-1976).
5. Subs. by s.3 ibid., for ''three'' (w.e.f. 1-9-76).
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;
1((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;
f. 2((f) a representative of the University Grants commission
and a representative of the All India Council for Technical
g. one member to represent each 3* * * State electea 4(from
amongst themselves) by the members of each State Council, who
shall be a registered pharmacist;
h. one member to represent each 3* * * State nominated by
5(the) State Government, who shall be 6* * * a registered
7(Provided that for five years from the date on which the
pharmacy (Amendment) Act, 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
* * * *
4. 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 movable, and shall by the
said name sue and be sued.
5. (I) The President and Vice-President of the Central Council
shall be elected by the members of the said Council from among
9* * * * *
(2) 10(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 :
11(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 re-nominated 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
6. 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.
1 Ins. by Act 24 of 1959, s. 4 (w.e.f.
2 Sub. by Act 70 of 1976, s.3, for cl. (f) (w.e.f. 1-9-1976)
3 The word and letter ''Part A'' omitted by the adaptation of
Laws (No. 3) Order, 1956.
4 Ins by Act 70 of 1976, s.3 (w.e.f. 1-9-1975).
6 The words ''either a registered medical practitioner or''
omitted by Act 70 of 1976, s.3 (w.e.f. 1-9-1976).
7 Subs. by s.3, ibid., for the former proviso (w.e.f.
8 Explanation omited by s.3, ibid. (w.e.f. 1-9-1976).
9 Proviso omitted by Act 24 of 1959, s.5 (w.e.f. 1-5-1960).
10 Subs. by Act 70 or 1976, s.4 for ''An elected President'' (w.e.f
11 Added by S.4, ibid. (w.e.f. 1-9-1976).
1. Subject to the provisions of this section, a nominated or
elected member 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
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) 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.
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.
2(8. 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
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. (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.
1 The words, ''other than a nominated
President'' omitted by Act 70 of 1976, s.5 (w.e.f.15-9-1976).
2 Subs. by s. 6, ibid., for s 8 (w.e.f. 1-9-1976).
1(9A. (1) The Central Council may constitute from among its
members other committees for such general or special purpose
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
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
10. (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 add facilities to be provided for students
undergoing approved courses of study;
(c) the subjects of examination and the standards therein to
(d) any other conditions of admission to examinations.
(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
(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. 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
12. (1) Any authority in a State 2* * * which conducts a
course of study for pharmacists may apply to the Central
Council for approved of the course, and the Central Council,
it 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.
1 Ins. by Act 70 of 1976, s. 7 (w.e.f.
2 The words ''of India'' omitted by the A.O. 1950
(2) Any authority in state 1* * * which holds an examination
in pharmacy may apply to 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. (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 according 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. 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 shall be deemed 3(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 4(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 practice the profession of pharmacy.
15. 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.
5(15A. (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
(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.
1The words "of India" omitted by the
2subs. By the Adaptation of Laws (No. 3) Order, 1956, for
"Part A States and Part C States"
which had been subs. By the A.O. 1950, for "Provinces of
3Ins. By Act 70 of 1976, s. 8 (w.e.f. 1-9-1976).
4Subs. By the A.O. 1950, for "British subject of Indian
5Ins. By Act 70 of 1976, s. 9 (w.e.f. 1-9-1976)
(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
(4) The Central Register shall be deemed to be public document
within the meaning of the Indian Evidence Act, 1872 and may be
proved by the production of a copy of the Register as
published in the Gazette of India.
15B. 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. (1) The Executive Committee may appoint such number of
Inspectors as it may deem requisite for the purposes of this
2. An Inspector may-
(a) inspect any institution which provides an approved course
(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 the 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. (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 1* * * to the Central
(2) The Central Government may publish in such manner as it
may think fit any report, 2(or copy), furnished to it under
this section or under section 16.
3(17A. (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 Auditor-General 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 Copmtroller 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.
1The words "together with an abstract of
omitted by Act 70 of 1976, s. 10 (w.e.f. 1-9-1976).
2Subs, by s. 10, ibia., for "copy or abstract" (w.e.f.
3Ins. by s. 11, ibid (w.e.f. 1-9-1976)
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. (1) The Central Council may, with the approval of the
Central Government, 1(by notification in the Official
Gazette,) make regulations consistent 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-
(a) the management of the property of the Central Council;)
(b) the manner in which elections under this Chapter shall be
(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 (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
4(Registrar or any other officer or servant).
5(g) the manner in which the Central Register shall be
maintained and given publicity;
(g) 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
(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.
1(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.)
1Ins. by Act 4 or 1986, s. 2 and the Sch.
(date to be notified).
2Subs. by Act 70 of 1976, s. 12, for Cl. (a) (w.e.f.
3Subs, by s. 12, ibid., for "Secretary" (w.e.f 1-9-1976).
4Subs, by s. 12, ibid., for "Treasurer" (w.e.f 1-9-1976).
5Ins. by s. 12 ibid., (w.e.f. 1-9-1976).