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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 42] NEW DELHI, FRIDAY, AUGUST 8, 1975/SRAVANA 17, 1897

Separate paging is given to this Part in order that it may be filed as a separate compilation

The following Bill was introduced in the Rajya Sabha on the 8th

August, 1975:—

Bill No. XVII of 1975

A Bill farther to amend the Pharmacy Act, 1948

BE it enacted by Parliament in the Twenty-sixth Year of the Republic

of India as follows:—

1. (I) This Act may be called the Pharmacy (Amendment) Act, 1975. Short

(2) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint.

title and commen- cement.

2. In section 2 of the Pharmacy Act, 1948 (hereinafter referred to as

8 of 1948.

the principal Act),—

Amend- ment of section 2.

(a) for clauses (c), (d) and (e), the following clauses shall be

substituted, namely:—

' (c) ''Central Council" means the Pharmacy Council of India

constituted under section 3;

(d) "Central Register" means the register of pharmacists

maintained by the Central Council under section 15A;

(da) "Executive Committee" means the Executive Commit- tee of the Central Council or of the State Council, as the context may require;

(e) "Indian University" means a University within the mean-

3 of 1956,

ing of section 3 of the University Grants Commission Act, 1956 and includes such other institutions, being institutions establish- ed by or under a Central Act, as the Central Government may, by notification in the Official Gazette, specify in this behalf;';

(685)

(b) for clauses (h), (i) and (j), the following clauses shall be Substituted, namely: —

'(h) "register" means a register of pharmacists prepared and maintained under Chapter IV;

(i) "registered pharmacist" means a person whose name is for the time being entered in the register of the State in which he is for the time being residing or carrying on his profession or business of pharmacy;

0) "State Council" means a State Council of Pharmacy con- stituted under section 19, and includes a Joint State Council of Pharmacy constituted in accordance with an agreement under section 20;

3 of 1958.

(Jc) "University Grants Commission" means the University Grants Commission established under section 4 of the University Grants Commission Act, 1956.'.

3. In section 3 of the principal Act,—Amend- ment of section S.

(a) In clause (p), for the words "authority known as the Inter- University Board", the words "University Grants Commission" shall be substituted;

(b) in clause (b), for the word "three", the word "four" shall bo substituted;

(c) for clause (/), the following clause shall be substituted, namely:—

"(f) a representative of the University Grants Commission and a representative of the All India Council for Technical Edu- cation;";

(d) in clause (g), after the word "elected", the words "from amongst themselves" shall be inserted;

(e) in clause (h),—

(i) the words "either a registered medical practitioner or" shall be omitted;

(ii) for the proviso, the following proviso shall be substitut- ed, namely: —

"Provided that for five years from the date on which the Pharmacy (Amendment) Act, 1975, 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.";

(Hi) the Explanation appearing at the end shall be omitted.

(a) in Bub-section (2), for the words "An elected President", the words "The President" shall be substituted;

4. In section 5 of the principal Act,—Amend- ment of section S.

(b) to sub-section (2), the following proviso shall be added, namely: —

"Provided that if his term of office as a member of the Cen- tral 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 such office.".

5. In section 7 of the principal Act, in sub-section (i), the words ",dther than a nominated President," shall be omitted.

Amend- ment of section 7.

6. For section & of the principal Act, the following section shall be substituted, namely: —

Substi- tution of new section for section 8.

"8. The Central Council shall— Staff,

(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;

remune- ration and allow- ance! .

(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 ser- vice of officers and servants of that Council.".

7. After section 9 of the principal Act, the following section shall be inserted, namely:—•

Insertion of new section 9A.

Other commit- tees.

"9A. (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 exceed- ing 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.".

Amend- ment of section 14.

8. In section 14 of the principal Act, after the words "shall be deem- ed", the words ", subject to such additional conditions, if any, as may be specified by the Central Council," shall be inserted.

9. After section 15 of the principal Act, the following sections shall be

inserted, namely: —

Insertion of new sections ISA and IBB.

The Central Register

"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 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.

1 of 1872.

(4) The Central Register shall be deemed to be public document within the mteaning 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.".

Registra- tion In the Central Register.

10. In section 17 of the principal Act,—

(a) in sub-section (1), the words "together with an abstract of Amend- ment of section 17.

its accounts" shall be omitted;

(b) in sub-section (2)> for the words "copy or abstract", the words "or copy" shall be substituted.

11. After section 17 of the principal Act, the following section shall

be inserted, namely:—

Insertion of new- section 17A.

Accounts and audit.

"17A. (i) The Central Council shall maintain proper accounts and other relevant records and prepare an annual statement of ac- counts, 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 annual- ly 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 Comptroller and Auditor-General of India and any per- son 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 Govern- ment accounts, and in particular, shall have the right to demand the production of books of accounts, connected vouchers and other docu- ments and papers.

(4) The accounts of the Central Council as certified by the Com- ptroller 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 ths Central Council whieh shall forward the same with its comments to the Central Government.".

(a) for clause (fi), the following clause shall be substituted, 12. In section 18 of the principal Act, in sub-section (2),— Amend- ment of section 18.

namely: —

" (a) the management of the property of the Central Coun- cil;";

(b) in clause (f),—

(i) for the word "Secretary", the words "Registrar, Secre- tary" shall be substituted;

(ii) for the word "Treasurer", the words "Registrar or any other officer or servant" shall be substituted;

(c) after clause (f), the following clauses shall be Inserted, namely: —

"(g) the manner in which the Central Register shall be maintained and given publicity;

(h) constitution and functions of the committees other than Executive Committees, 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 constitu'e the quorum.".

13. In section 19 of the principal Act,— Amend-

(a) in clause (b), for the word "two", the word "threa" shall be substituted;

ment of section 19.

23 of 1940.

(b) In clauses (dd) and (e), for the words and figures "Drugs Act, 1940", the words and figures "Drugs and Cosmetic3 Act, 1940" shall be substituted;

23 of 1940.

(c) in tne proviso, lor tne words 'member of the pharmaceuti- cal profession", the words "registered pharmacist" shall be sub- stituted.

14. In section 21 of the principal Act,— Amend-

23 of 1940.

ment of seetion 21.

23 of 1940.

(a) in sub-section (1), in clauses (dd) and (e), for the words and figures "Drugs Act, 1940", the words and figures "Drugs and Cosmetics Act, 1940" shall be substituted;

(b) in sub-section (3),—

(i) for the words "at least half", the words "more than half" shall be substituted;

(ii) for the words "members of the pharmaceutical profes- sion", the words "registered pharmacists" shall be substituted.

15. In section 23 of the principal Act,—Amend- ment of section

23. (a) in sub-section (2), for the words "An elected President", the words "The President" shall be substituted;

namely:—

(b) to sub-section (2), the following proviso shall be added, ii

"Provided that if his term of office as a member'of the State 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 State Council, continue to hold office for the full term for which he is elected as President or Vice-President.".

16. After section 26 of the principal Act, the following section shall be inserted, namely; —

Insertion of new section 26 A.

Inspection.

"26A. (1) A State Council may, with the previous sanction of the State Government, appoint Inspectors having the prescribed qualifi- cations for the purposes of Chapters III, IV and V of this Act.

(2)i An Inspector may—

(a) inspect any premises where drugs are compounded or dispensed and submit a written report to the Registrar;

(b) enquire whether a person who is engaged in compound- ing or dispensing of drugs is a registered pharmacist;

(c) investigate any complaint made in writing in respect of any contravention of this Act and report to the Registrar;

(d) institute prosecution under the order of the Executive Committee of the State Council;

(e) exercise such other powers as may be necessary for carrying out the purposes of Chapters III, IV and V of this Act or any rules made thereunder.

(3) Any person wilfully obstructing an Inspector in the exercise of the powers conferred on him by or under this Act or any rules made thereunder 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.

(4) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.".

45 of IMOL

17. After section 32A of the principal Act, the following section shall be inserted, namely: —

Insertion

of new

section

32B.

'32B. (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 qualifications spe- cified in clause (a) or clause (c) of section 31 and who were eli- gible for registration between the closing of the First Register and the date when the Education Regulations came into effect;

Special

provi-

sions

lor

regis-

tration of

displaced

persons,

repat-

riates

and

other

persona.

23 of 1940.

(b) the names oi persons approved as "qualified persona" be- fore the 31st December, 1969 for compounding or dispensing of medicines under the Drugs and Cosmetics Act, 1940 and the rules made thereunder;

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 appli- cation 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 dis- placed 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-aection (1) shall remain in operation for a period of two years from the commencement of the Pharmacy (Amendment) Act, 1975.'.

23 of 1940.

18. In section 36 of the principal Act, In sub-section (1), in clause (e) of the proviso, for the words and figures "Drugs Act, 1940" , the words and figures "Drugs and Cosmetics Act, 1940" shall be substituted.

Amend-

ment of

section

36.

23 of 1940.

19. In section 42 of the principal Act, in sub-section (1), after the exist- ing proviso, the following proviso shall be added, namely:—-

Amend-

ment of

section

42.

"Provided 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 of five years from the commencement of the Pharmacy (Amendment) Act, 1975.".

20. In section 46 of the principal Act, in sub-section (2), after clause (f), the following clause shall be Inserted, namely: —

Amend-

ment of

section

40.

"(fj) the qualifications, powers and duties of an Inspector;".

STATEMENT OF OBJECTS AND REASONS

The Bill seeks to provide for wider representation on the Pharmacy Council of India by providing for the inclusion in that Council of the representatives of the Union territories as also of the University Grants Commission and All-India Council for Technical Education.

2. A high degree of specialisation is taking place In various branches of pharmacy. It is, therefore, necessary to Induct specialists as mem- bers of the committees of the Pharmacy Council of India. The Bill, therefore, seeks to empower the Pharmacy Council of India to co-opt non-member specialists as members of Its committees.

3. The accounts of the Pharmacy Council of India are at present audited by private auditors. The Bill seeks to provide that the audit of the accounts of the Pharmacy Council of India shall be made by the Com- ptroller and Auditor General of India or any person authorised by him.

4. A large number of persons had migrated to India from the terri- tories now known as Bangla Desh. Other persons had been repatriated from Burma, Ceylon and Uganda. Many of these persons had been engaged in the profession of pharmacy for their livelihood in the terri- tories from which they have migrated to India but did not possess the required qualifications in pharmacy. The Bill seeks to provide facilities for the registration of- these persons to enable them to earn their liveli- hood in India.

5. A large number of persons had qualified In examination for com- pounder's/dispens*'s courses in accordance with the rules made under the Drugs and Cosmetics Act, 1940. These persons were rot, however, registered under the Pharmacy Att, 1948. The Bill seeks to provide for their registration as pharmacists.

6. Section 42 of the Pharmacy Act empowers the State Governments to appoint a date on and from which unregistered persons shall be prohibited from dispensing medicines In that State. Many State Gov- ernments have not, however, appointed, as yet, any date under the said section 42. In the circumstances, the Bill seeks to provide that section 42 shall automatically come into force in a Slate on the expiry of a period of five years from the commencement of the Pharmacy (Amend- ment) Act, 1975 if the Government of the concerned State hod failed to exercise the powers conferred on it by section 42.

7. Opportunity has also been taken to carry out certain other amend- ments in the Act to enable the Pharmacy Council of India to discharge its functions effectively.

NEW DELHI; KARAN SINGH.

The 2nd August, 1975.

FINANCIAL MEMORANDUM

Clause 3 of the Pharmacy (Amendment) Bill, 1975, makes provision W giving representation to the Union territories on the Pharmacy Coun- cil dt India. The Couneil meets normally twice a year and the ex- penditure involved on account of travelling and daily allowances of members representing the Union territories is not likely to exceed Rs. 7,000/- per annum. This expenditure has to be borne by the Central Government.

Clause 9 makes provision for the maintenance of a register of Phar- macists, to be known as the Central Register, which shall contain the namfes of all persons who are for the time being enrolled in the register of pharmacists for a State. The cost of printing the Central Register is initially expected to be Rs. 50,000/-. There will be a further expendi- ture of Rs. 1,500/- per annum on the printing of annual supplement to keep the register up-to-date. The provision for staff, stationery, equip- _ment, etc. has also to be made. It is expected to cost about Rs. 12,800/- (recurrtng). and., Rs. 8,000/- (non-recurring). The total expenditure under this head is ex£>e7WrM"-be Rs. 14,300/- (recurring) and Rs. 58,000/- (non-recurring).

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 12 of the Bill, which seeks to amend section 18 of the Phar- macy Act, 1948 empowers the Pharmacy Council of India to make re- gulations, with the approval of the Central Government, to prescribe, inter alia, the manner in which the Central Register, shall be maintain- ed and given publicity, and the constitution and functions' of the com- mittees, other than executive committees, and the summoning and hold- ing of, and the quorum for, the meetings, of such committees.

2. Clause 20 of the Bill which seeks to amend section 46 of the Phar- macy Act, 194S, empowers the State Government^ to make rules, to pres- cribe the qualifications, powers and duties of inspectors, which the State Council of Pharmacy, with the previous sanction of the State Govern- ment, appoints.

3. The matters in respect ot which such regulations or rules may be made are generally matters of procedure and administrative detail and it is not practicable to provide for them in the BillrjgeJL, <-*£!"" -delega- tion of the legislative power is, therefore,"6T*aJ norrnalcharacter.

B. N. BANERJEE,

Secretary-General,

PRINTED BY THE GENERAL MANAGED, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 75

REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 43 ] NEW DELHI, SATURDAY, AUGUST 9, 1975/SRAVANA 18, 1897

Separate paging is given to this Part in order that it may be filed as a separate compilation

RAJYA SABHA

The following Bill was introduced in the Rajya Sabha on the 9th August, 1975: —

BILL NO. XVIII OF 1975

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows:—

1. This Act may be called the Constitution (Forty-first Amendment) Short title.

Act. 1975.

2. In article 361 of the Constitution,—

Amend- ment of article 361 (a) in clause (1), for the words "The President, or the Governor", the words "The President, or the Prime Minister, or the Governor" shall be substituted and shall be deemed always to have been subs- tituted:

(b) for clauses (2), (3) and (4), the following clauses shall be substituted, and shall be deemed always to have been substituted, namely: —

"(2) No criminal proceedings whatsoever, against or con- cerning a person who is or has been the President or the Prime Minister or the Governor of a State, shall lie in any court, or shall be instituted or continued in any court, in respect of any act done by him, whether before he entered upon his office or during his term of office as President or Prime Minister or Gover- nor of a State, as the case may be, and no process whatsoever in- cluding process for arrest or imprisonment shall issue from any court against such person in respect of any such act.

(695)