भारत सरकार
GOVERNMENT OF INDIA
एस.जी.-एल.डी.-अ.-04032022-84
SG-LD-E-04032022-84
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असाधारण
EXTRAORDINARY
प्राधकिार से प्रकाशति
PUBLISHED BY AUTHORITY
लद्दाख, 03 र्माच, 2022
LADAKH, THURSDAY, MARCH, 03, 2022
भाग II- खण्ड 1
Part II-Section 1
के न्द्र-शासति प्रदेश लद्दाख प्रशानि ADMINISTRATION OF UNION TERRITORY OF LADAKH
Health and Medical Education Department, Civil; Secretariat, UT LadakhTel-NO 01982-25756 (O), [email protected]
NOTIFICATION
Ladakh, the 1st March, 2022
S.O: 29. In exercise of powers conferred by section 46 of Pharmacy Act, 1948, the Lieutenant Governor of Union Territory of Ladakh is pleased to make following rules, namely:-
Chapter - I
PRELIMINARY
1. Short title. ― (1) These rules may be called the Ladakh Pharmacy CouncilRules, 2022. (2) They shall come into force from the date of their publication in the OfficialGazette.
2. Definitions. ― (1) In these rules, unless the context otherwise requires;
(a) "Act" means the Pharmacy Act, 1948;
(b) "Administration" means the Administration of Union territory of Ladakh; (c) "Council" means the Ladakh Pharmacy Council constituted under section19 of the Act; (d) "Executive Committee" means the Executive Committee under section27(1) of the Act; (e) "President" means the President elected / nominated under Section 23of the Act; (f) ―Registrar" means Registrar appointed by the Council under Section 26of the Act; (g) "Ministerial Staff' mean the Officers engaged/appointed by the Council under clause (b) of section 26 of the Act;
(h) "Section" means a section of the Act; (i) ―Treasurer" means the President acting as a Treasurer under sub-section
(a) of section 26 of the Act;
(j) "Form" means a form appended to these rules; and
(k) "Returning Officer" means Returning Officer appointed by the Administration of Union territory of Ladakh for conducting election under Chapter III of the Act.
(2) Words and expressions used in these rules but not defined shall have the same meaning as assigned to them in the Pharmacy Act, 1948.
3. Place of Office. ― The office of the Council shall be situated at Leh or any otherplace as prescribed by the Administration of Union territory of Ladakh from time to time.
Chapter – II
MODE OF ELECTION
4. Preparation of Electoral Rolls. ― (1) For the purpose of election under clause
(a) of section 19, the President shall prepare the electoral roll of registered pharmacists. The electoral roll shall include the name, qualifications and residential addresses of all registered pharmacists on such date prior to the date of election as may be fixed by the Council for each election.
(2) The electoral roll shall be kept open for inspection in the Office of the Council at least thirty days before the last date fixed for receipt of nomination papers under rule 6. The Registrar shall at the same time issue a notice in the official Gazette and in two newspapers in Form A, calling upon the registered pharmacist to send their objections or suggestions, if any, with regard to the entries in the electoral roll before a date specified in the notice, which will not be earlier than fifteen days of the publication of the notice. All objections received before the date specified in the notice shall be considered by the President and corrections made, if necessary, in the electoral roll.
(3) Any registered pharmacist aggrieved by the decision of the President may within five days from the date of receipt of the order, prefer an appeal to Administrative Secretary, Health and Medical Education Department.
(4) Copies of the electoral roll shall be made available for sale at a price to be fixed by the Executive Committee.
5. Returning Officer. ― The President or person authorized by the Administration of Union territory of Ladakh shall be the Returning Officer.
6. Fixation of stages of election. ― (1) The Returning Officer shall fix the date,hour and place for the following stages of the election, namely: -
(a) receipt of nomination papers (b) scrutiny of nomination papers; (c) Date of withdrawal of candidature
(d) A date for the final publication of the names of candidates;
(e) Receipt of voting papers; and (f) Counting of votes.
7. Notice of election. ― At least thirty days before the date fixed for the receipt of nomination papers, the Returning Officer shall publish in the Official Gazette and in at least four newspapers selected by him, a notice in Form '1' notifying the dates fixed under rule 6 and calling upon the electors to elect new members and to send nominations for the purposes.
8. Nomination of candidates. ― (1) Every registered pharmacist whose name appears in the electoral roll prepared under rule 4 (hereinafter referred to as the elector in this part) shall be qualified for election under this part.
(2) Candidates qualified for election shall be proposed and seconded by pharmacists qualified as electors.
(3) The nomination papers shall be in Form '2' and the forms shall be supplied by the President to every candidate on his requisition.
(4) Every nomination paper duly completed and signed by the proposer and seconder and subscribed by the candidate himself as assenting to the nomination shall be sent by post or otherwise, so as to reach the Returning Officer on or before the date and the time appointed under rule 6 for receipt of nomination paper. Nomination papers received after the time so fixed shall be rejected. The Returning Officer shall immediately on receipt of a nomination paper record thereon the date and the time of its receipt by him.
(5) Every candidate shall, on or before the date appointed for the receipt of nominations, deposit with the Returning Officer, a sum of Rs. 500 in cash and no candidate shall be deemed to be duly nominated unless such deposit has been made.
9. Scrutiny of nomination papers. ― On the date appointed for scrutiny of nomination papers, the candidates and one proposer and seconder of each candidate may, attend at the appointed time and place, and the Returning Officer shall give them all reasonable facilities to examine the nomination papers which have been delivered within the time fixed for their receipt under rule 6.
10. Disposal of Objections and Rejection of nomination. ― (1) The Returning Officer shall examine the nomination papers and shall decide all objections and either on such objection or on his own motion, after such summary enquiry, if any, as he thinks necessary, refuse any nomination for any of the following reasons, namely: -
(a) that the candidate or his proposer or his seconder is not an elector; (b) that there has been any failure to comply with the provisions of the Act or the rules made there under; and
(c) that the signature of the candidate or his proposer or his seconder is not genuine or has been obtained by fraud.
(2) Where an elector has subscribed as proposer or seconder a larger number of nomination papers than there are vacancies to be filled, only such of the papers so subscribed as have been first received, up to the number of vacancies to be filled shall be deemed to be valid; and the rest shall be deemed to be invalid and rejected.
11. Completion of scrutiny. ― (1) The Returning Officer shall endorse on each nomination paper his decision whether the nomination paper has been accepted or rejected; and in case the nomination paper has been rejected the reasons therefore.
(2) The scrutiny shall be completed on the day appointed in this behalf and no adjournment of proceeding shall be allowed.
12. Withdrawal of candidature. — Any candidate may withdraw his/her candidature within three days of completion of scrutiny of nominations by notice in writing signed by him and delivered to the Returning Officer.
13. List of valid nominations. — On completion of the scrutiny of nominations and after the expiry of the period within which a candidate may withdraw his candidature under rule 12, the Returning Officer shall forthwith under his signature publish on the notice board at the office of the Council a list of valid nominations.
14. Procedure at uncontested elections. — After the publication of the list of valid nominations if the number of validity nominated candidate does not exceed the number of vacancies to be filled in, the Returning Officer shall forthwith declare such candidates to be duly elected to fill such vacancies, and report the names of such candidates to the Administration of Union territory of Ladakh.
15. Contested election. — (1) When there are more candidates than the proposed vacancies, the voting shall be by postal ballot or submission in sealed envelope inthe Registrar office. (2) The Returning Officer shall forthwith publish the names and addresses of the contesting candidates in the Official Gazette and on the notice board at the office of the Council.
16. Printing of voting papers. ― The Returning Officer shall arrange for the printing of papers in Form 3 with the names of the contesting candidates entered therein in alphabetical order according to the official language.
17. Dispatch of voting papers to electors. - (1) Twenty-one days before the date fixed for the receipt of voting papers under rule 6, the Returning Officer shall send to every elector by post under certificate of posting (a) one voting paper in Form 3 signed by him; (b) a similar blank cover with the words " Voting Paper" printed thereon;and (c) a larger cover addressed to himself in Form '4'.
(2) The Returning Officer shall make a mark in one copy of the electoral roll against the name of every elector to whom a voting paper and covers have been sent. The marked copy of the electoral roll and the counterfoils of the voting papers sent shall be sealed in a packet immediately after the date fixed for receipt of voting papers under rule 6.
18. Issue of duplicate voting paper. — If any elector has not received his voting paper and covers or has inadvertently spoilt the papers or lost them, he may send to the Returning Officer at least seven days before the date fixed for receipt of voting papers under rule 6 a declaration to that effect signed by himself and the spoilt papers, if any, and require the Returning Officer to send him duplicate papers in place of those not received, spoilt or lost. When duplicate papers are issued, a record thereof shall be kept by the Returning Officer and a mark "Duplicate" made on the larger cover and on the voting paper issued. The Returning Officer shall cancel any spoilt papers received back from the elector.
19. Delivery of voting paper to elector in person. — Any elector whose voting paper is retuned undelivered may apply to the Returning Officer in person for such voting paper before the date fixed for receipt of voting papers under rule 6 and take delivery of the voting paper after satisfying the Returning Officer of his identity and on giving a receipt.
20. Recording of votes by elector. — (1) On receipt of the voting paper, an elector shall record his votes by putting crosses in column 3 of the voting paper against the names of candidates to whom he wishes to give his votes. The elector shall have as many votes as there are vacancies and can give only one vote to each candidate. The elector shall not reveal his identity on the voting paper by putting his signature or by any other means.
(2) After recording his vote, the elector shall put the voting paper in the smaller cover, close it and put it in the larger cover. The elector shall then close the larger cover and write his full name and sign at the places marked on the larger cover. The larger cover shall be sent by post or otherwise, so as to reach the Returning Officer on or before the date and the hour appointed under rule 6 for receipt of voting papers.
hereby certify
being incapable of
(3) Any elector, who is under any disability which incapacitates him from recording his vote in the above manner, may take the assistance of a Gazetted Officer or a Magistrate in recording his votes. Such Officer shall, in such case record on the back of the larger cover a certificate in the following manner, namely: - "1 (Name of the Officer) that (Name of the Elector) of recording his votes due to……………………………requested (cause of incapacity) me to record his votes and I have recorded his votes according to his desire and in his presence."
Signature Designation 21. Custody of voting papers. ― All covers containing voting papers shall on request be kept in a sealed box by the Returning Officer after noting the dateand time of receipt on each cover. Any covers received after the date and time fixed for receipt of voting papers under rule 6 shall be kept in a separate packet and shall not be opened.
22. Scrutiny and counting of votes. — (1) The scrutiny and counting of votes shall be undertaken by the Returning Officer at the time, on the day and at the pace appointed under rule 6.
(2) A Candidate or not more than one representative duly authorized by him may remain present at the time of counting votes.
(3) The whole voting paper shall be treated as invalid in case: -
(a) the elector has failed to write his full name and make his signature on the larger cover in which the smaller cover containing the voting paperis kept;
(b) the mark "X" is placed opposite the names of more candidates than the number of seats to be filled or if more votes are given then he is entitled to under sub-rule (1) of rule 20; or (c) the elector has put his signature on the voting paper or has made any other mark thereon which may reveal his identity.
(4) If the Returning Officer receives more than one voting paper from one smaller cover, or more than one smaller cover in any larger cover, all such voting papers shall be treated as invalid.
(5) If the mark "X" is s placed as to make it doubtful to which candidate the elector has given his vote, the vote shall be deemed to be invalid, and the voting paper treated as invalid.
23. Declaration of Result of Election. — (1) When the counting of votes is completed, the Retuning Officer shall forthwith declare the candidates of whom the largest number of votes has been given to be elected. If there is an equal number of a vote in favour of each of two or more candidates for one vacancy, the selection shall be determined by the Returning Officer by drawing lots.
(2) The Returning Officer shall also inform each successful candidate by letter of his having been elected to the Council and report to the Administration of Union territory of Ladakh the date of declaration of the election, and the result thereof.
(3) After the result of the election has been declared by him, the Returning Officer shall seal the voting papers and all other documents relating to the election and shall retain the same with himself in safe custody for a period ofsix months, and thereafter cause them to be destroyed.
24. Filling of casual vacancy. — If there is a vacancy of a member elected under clause (a) of section 19, the President shall, take steps to fill it up as soon as possible by election in accordance with the procedure laid down in rule 4 to 23.
REPRESENTATIVE OF MEMBERS OF
LADAKH MEDICAL COUNCIL
25. Representatives of Members. ― (l) The President shall by notice in writing inform the Medical Council for the Union Territory of Ladakh duly constituted under an enactment or if it is not so constituted, any other authority exercising the functions of Medical Council till it is constituted, that the term of office of the member is due to expire on the date specified in the notice, such notice being given not later than sixty days before the expiry of such term.
(2) The notice shall be sent by registered post.
(3) The name of the person elected shall within seven days of the date of election, be communicated by Medical Council duly constituted under an enactment or any other authority exercising the functions of Medical Council till it is constituted, to the Administration of Union territory of Ladakh, and to the President.
26. Election of President and Vice President. ― As soon as possible after the President or Vice President, as the case may be, ceases to hold office either because of the expiry of the term of office or for any reason whatsoever, the Council shall proceed to elect his successor.
27. Record to be Maintained by President. ― The Registrar shall maintain an up to-date record book, containing the names of the members elected or nominated on the Council the date of election or nomination of each such Member, the terms of his office, and the date of death or resignation, if any, of such member.
28. The Limit for Referring Election Disputes. ― The time limit for referring any dispute regarding any election of a Member of the President or Vice President to the Administration of Union territory of Ladakh shall be thirty days in the case of elected members from the date of declaration of the result of election and incase of the President or Vice President from the date of their Election.
Chapter - III
29. Meetings of the Council. - (1) The Council shall ordinarily meet for the transaction of business in the month of March and October in each year; but the President may, whenever she/he thinks fit and shall, upon a written requisition of not less than seven Members and on a date not later than fifteen days after the receipt of such requisition, call an extra-ordinary meeting.
(2) The exact date, hour and place of such meeting shall be decided by the President.
(3) Notwithstanding anything contained in this Part if the President in the exercise of his/her discretion shall deem that shorter notice is expedient such notice shall be sent by telegram or other more expeditious means.
30. Notices of meetings. — (1) All Members of the Council shall be given thirty clear day notice of an ordinary meeting. Every notice shall also be posted at the office of the Council. Such notice shall specify the date, time and place of the meeting and business to be transacted thereat.
(2) The President shall send to all members explanatory notes on the Agenda at least ten clear days before the date fixed for an ordinary meeting.
31. Motions for insertion in agenda. — Any Member may send a motion to be inserted in the agenda for an ordinary meeting so as to reach the President twenty clear days before the date fixed for the meeting. The Registrar shall take the orders of the President for inclusion of such motion in the Agenda, and where any motion is disallowed the reasons for doing so shall also be communicated along with the decision to the Member who sent the motion.
32. Attendance of meetings. — At each meeting an attendance register shall be placed in the meeting room and every member present shall sign against his/her name in the register.
33. Business to be transacted at meetings. — At an ordinary meeting no business or proposition other than that specified in the Agenda and in the case of an extraordinary meeting in the written request made for convening such meeting shall be transacted:
Provided that, the Presiding authority may permit any business or proposition to be discussed which is an urgent nature and which could not reasonably be entered in the notice.
CHAPTER-IV
CONDUCT OF BUSINESS AT MEETINGS
34. Presiding Authority. — (1) Every meeting of the Council shall be presided over by the President or, if he is absent, by the Vice President or, if both President and the Vice President are absent, by a member to be elected by the members present from among themselves.
(2) All references in this part to the President shall be read as referring to the Member for the time being presiding over meeting.
35. Quorum at meetings. — (1) For a meeting of the Council eight members including President shall constitute a quorum provided that, in the case of a meeting adjourned for want of quorum, no quorum shall be required. (2) If at the time appointed for a meeting, there is no quorum, the meeting shall not commence until there is a quorum and if there is no quorum on the expiration of twenty minutes from the time appointed for the meeting or, during the course of any meeting, the meeting shall stand adjourned to such future date and time as the President may appoint.
36. Decision at meetings. — All matters for consideration at a meeting of the Council shall be decided by a majority of votes.
37. Minutes of meetings. ― (1) The proceedings of the meeting of the Council shall be preserved in the form of typed or cyclostyled or printed minutes, which shall be authenticated after confirmation, by the signature of the President.
(2) A copy of the minutes of each meeting shall be submitted to the President within fifteen days of the meeting and attested by him and it shall then be sent to each member within thirty days of the meeting.
(3) The minutes of each meeting shall contain such motions and amendments as have been moved and adopted or negative with the names of the mover and the seconders but ordinarily without any comment and without any record of observations made by any member at the meeting.
(4) If any objection regarding the correctness of the minutes is received by the President within thirty days of the dispatch of a copy of the minutes to a member in accordance with sub-rule (2), such objection together with the minutes as recorded and attested shall be put before the next meeting of the Council for confirmation. At this meeting no question shall be raised, except as to the correctness of the records of the meeting:
Provided that, if no objection regarding the correctness of the minutes is received by the Registrar within thirty days of the dispatch of the copy of the minutes, the decision taken by the Council at the meeting may, if expedient, be put into effect before the confirmation of the minutes at the next meeting.
CHAPTER-V
EXECUTIVE COMMITTEE.
38. Composition. — The Executive Committee of the Council shall consist of the President who shall be the ex-Officio Chairman of the Executive Committee and Vice President, ex-Officio, secretary and three members of the Council elected by ballot at the first meeting of the Council. Of the three members so elected there shall be at least two Registered Pharmacists. The Executive Committee so elected shall hold office till the election of the new Executive Committee.
39. Disability to Continue as Member. — A member shall cease to be a memberof the Committee, - (a) if he ceases to be a member of the Council; or (b) if he remains absent from two consecutive meetings of the Committee without the leave of the committee.
40. Resignation of Member. — A member may resign at any time by a notice in writing to the President. Such resignation shall take effect from the date on which it is accepted by the President.
41. Casual Vacancies. — (1) The Council shall as soon as there is a casual vacancy in the office of a member of the Executive Committee fills it up by electing a member from amongst its members:
Provided that, any such vacancy, occurring within two months prior to the expiryof the term of the members shall not be filled.
(2) A member elected under sub-rule (1) shall hold office so long as the Member in whose place he is elected would have held it, if the vacancy had not occurred.
42. Acting as Registrar. — In case of the death of the Registrar or his incapacity from illness or his proceeding on leave for more than one month a person may with the previous sanction of the Administration of Union territory of Ladakh be appointed by the Executive Committee to perform temporarily the duties of the Registrar. The Executive Committee shall grant leave to the Registrar in accordance with the provisions of the Civil Services Rules applicable to Government Servants, from time to time.
43. Calling of meetings. — The Committee shall ordinarily meet once in every month on such date and at such place as may be fixed by the President. The President may, whenever she/he thinks fit and shall, upon a written requisition of not less than two members and on a date not later than seven days after the date of receipt of such request call an extraordinary meeting.
44. Notice of meetings. — All members of the Executive Committee shall be given seven clear days' notice of ordinary meetings and three clear days' notice in the case of an extraordinary meeting. Such notice shall specify the place, date and time of the meeting, and state whether the meeting is a general meeting or a special meeting and the business to be transacted threat.
45. Attendance at meetings. — (1) At each meeting an attendance register shall be placed in the meeting room and every member present shall sign before his/her name in the register.
(2) For a meeting of the Executive Committee three members includingPresident and the Vice- President shall be a quorum.
46. Business to be transacted at meetings. — At any ordinary meeting no business other than that specified in the notice calling such meeting and in the case of an extraordinary meeting in the written request made for convening suchmeeting shall be transacted:
Provided that, the presiding authority may permit any business to be discussed which is of urgent nature and which could not reasonably be entered in the notice.
47. Adjournment of meetings. ― (1) If there is no quorum present, the presiding authority shall adjourn the meeting to another day, and cause a notice to be posted on the notice board at the office of the Council and sent to each member of the Committee. The business which would have been brought before the original meeting had there been a quorum there at shall be brought before the adjournment meeting and may be disposed of at such meeting whether there be a quorum or not.
(2) Any special or ordinary meeting may, with the consent of a majority of members present, be adjourned from time to time, but only the business left un-disposed of at the meeting from which the adjournment took place shall be transacted at the adjournment meeting subject to the proviso to rule- 46.
48. Decision at meetings. — (1) All questions at a meeting of the Executive Committee shall be decided by a majority of votes of the members present, and voting.
(2) The presiding authority shall have second or casting vote in all cases of quality of votes.
49. Minutes of meetings. — The Executive Committee shall keep minutes of proceedings of each meeting which shall be dealt with according to the same procedure as that indicated in Chapter IV for the minutes of the Council.
50. Powers, duties and functions of Executive Committee. (1) The Executive Committee shall consider all petitions of applicants addressed to the Council and shall submit its report thereon to the Council.
(2) Subject to the provisions of the Preceding rule, all petitions addressed to the Council immediately before or during the sessions of the Council shallbe laid upon the table.
(3) The Committee shall consider and prepare a report on any subject which may seem to require the attention of the Council or on such subjects asmay be indicated to it by the Council.
(4) The Executive Committee shall, before each meeting of the Council prepares the business for the consideration of the Council.
(5) The Executive Committee shall superintend the publication of the Register of Pharmacists which shall be prepared by the President who shall cause it to be printed. A Statement of the distribution of the copies of the Register to the Administrative Offices as approved by the Administration of Union territory of Ladakh and to others as may be directed by the Executive Committee shall be added annually to the Register as printed.
(6) The Executive Committee shall order each year such number of copies of the Register of Pharmacists to be printed as may seem to the Registrar/ Pharmacists to be printed as may seem to the President to be required on a revision of the annual distribution list which shall be prepared by thePresident.
(7) Counting of votes.
CHAPTER-VI
POWERS AND DUTIES OF PRESIDENT AND VICE PRESIDENT
51. Powers and duties of President. — The President shall exercise such powers and perform such duties as are conferred or imposed on him by the Act and the Rules. He shall also do such acts as she/he considers necessary in the furtherance of the objects for which the Council is established.
52. Powers and duties of Vice President. — If the Office of the President is vacant or if the President for any reason is unable to exercise the powers to perform the duties of his/her office, the Vice-President will act in her/his place and shall exercise the powers and perform the duties of the President.
CHAPTER-VII
REGISTRATION
53. Form of register. — The Register of Pharmacist to be maintained under sub- section (2) of section 29, shall be as in FORM '5' appended to these Rules.
54. Manner of writing register. — (1). The names shall be entered in the Register in the order in which the applications for registration are admitted and sufficient space shall be left for future additions and alterations in the qualifications and address of each entry.
(2) Each page of the register shall be verified by the Registrar's / President signature and each entry of renewal shall be attested by initials.
55. Certificate of Registration. — (1) On the registration of every pharmacist under the Act, the President shall grant such Pharmacist a certificate in Form – '6'.
(2) In the event of a certificate issued under sub-rule (I) being lost or destroyed the holder may at any time during which such certificate is in force, apply to the Registrar / President under section 39 for a fresh certificate and the Registrar / President may, if she/he thinks fit on satisfactory' proof as to the identity of the applicant, grant such certificate on payment of the fee prescribed in rule 62 for a duplicate certificate. The certificate issued under this sub-rule shall be marked "DUPLICATE" 56. Application for Registration. — Every person entitled under section 32 to be registered under the Act and desiring to have himself/ herself registered shall apply to the Registrar / President in FORM- '7' duly filled in and signed. Every such application shall be accompanied by the fee prescribed therefore in rule 62.
57. Validity of Registration. — (1) The name of every person first entered on the Register under the Act shall, subject to the provisions contained in the Act as to the erasure of the entries and removal of names from the Register, remain valid, if she/he deposits a fee towards grant/retention as applicable in terms of the provisions laid down under Rule 62.
(2) A person desiring to continue her/his registration after the date mentioned in sub-rule (1), shall remit to the Council the fee prescribed under rule 62 not later than 3 months of such validity. The person may remit the fee for 05 years for which she/he desires to have her/his registration renewed after paying the requisite fees prescribed in rule 62.
(3) If the registered pharmacist fails to pay retention fee on or before the due date as referred to in Rule 62, she/he shall be liable to pay certificate retention/ late fee calculated at the rate of Rs. 200/- as prescribed in rule 62 for every month or part thereof up to six months, and in the event of non- payment of such fee, the certificate shall deem to have been cancelled:
Provided that in case of such candidates who were holding registration as Pharmacist under the repealed Jammu and Kashmir Pharmacy Act, Samvat, 2011, (1955 A.D), the validity /extension of their registration shall be governed in terms of Executive Order issued by the competent authority (Union Territory of Ladakh / Ladakh Pharmacy Council).
58. Additional qualification. — (1) An application for registration of an additional qualification under section 35 shall be in FORM- '8' and shall be accompanied by the fee prescribed in this behalf in rule 62 and documents of the diploma or degrees sought to be added.
(2) On registration of the additional qualifications under sub --rule (1) the President shall grant such Pharmacist a certificate in FORM-9.
(3) Certified copies of entries in the Register in Form- '10' may be issued to any person applying therefore on payment of the fee prescribed in rule 62.
59. Change of name. — An application for a change of name of shall be made by the registered Pharmacist himself, and shall be accompanied by the fee prescribed therefore in rule 62 and also an affidavit sworn before a magistrate stating that the applicant is the same person whose name is registered with the particular number, and the circumstance for which the change is sought.
60. Change of address. — It shall be the duty of every registered person who changes his address to intimate the fact to the President within one month after such change.
61. Information to be published. — There shall be made every year and entered in the printed Pharmacy Register an enumeration of: -
(1) the total number of persons in the published Register. (2) the number of persons registered during the year. (3) the number of persons whose names are restored to the Register during the year; (4) the number of persons whose names have been removed from the Register during the year stating the section of the Act under which the name has been removed; and
(5) the number of persons whose names have been removed due to death during the year.
CHAPTER-VIIIFEES
62. Fees. — The following fees are prescribed by the Council: -
i. For the first registration in the Register @ 3000/ (for first five yearsperpetually) ii. ii. For the first registration in the Register for non-Residents @ 3500/- (forfirst five years perpetually)
iii. iii. For the first registration for passing outside the U.T @ *3500/- (for firstfive years perpetually) iv. For the first registration from Abroad @ 3500/ (for first five yearsperpetually) v. For every additional qualification or status subsequently registered@ -1000/ vi. For every Good standing Certificate @ / vii. For restoration to the Register after removal @ 3000/-.
The modalities for any discrepancy observed to decide the fee for periods not following within the meaning of provisions mentioned in Rules, the competence shall rest with Executive Committee of the Council whose decision shall be final and conclusive.
viii. For annual renewal/ retentions @ '600/
ix. For retention late fee @ *100/ per month up to 6 months. x. For registration of a change of name @ '500/- xi. For every certified copy of an entry in Register @ 500/- xii. For a "Duplicate" Certificate under Rule 55 (2) 1000/- for first time, '2000/- for second time and 5,000 for third time together with stamp duty liveable under the Indian Stamp Act, 1899, or any other Law for the time being in force relating to the levy of the Stamp Duty.
CHAPTER-IX
PENAL REMOVAL FROM THE PHARMACY REGISTER
63. Complaints against registered Pharmacists. — (l) The Council may suo- moto or any complaint made to it in that behalf hold an enquiry with respects to conduct of any registered Pharmacist for the purposes of section 36.
(2) Whenever information is received that the name of a person has been in the register of Pharmacist by error or on account of misrepresentation of a material fact or that a registered pharmacist or a person employed by him for the purpose of his business has been guilty of conduct which prima facie constitutes infamous conduct in a professional respect, if such person were a registered pharmacist, the President shall make an abstract of such information and of any further information he may have subsequentlyobtained.
(3) When the information in question is in the nature of a complaint by a person or body charging the pharmacist with infamous conduct in any professional respect such complaint shall be made in writing addressed to the Registrar / President and shall state the grounds of complaint and shall be accompanied by one or more declarations as to the fact of the case. All anonymous complaints shall be disregarded.
(4) Every declaration shall state the description and true place of abode of the declarant and where a fact stated in a declaration is not within the personal knowledge of the declarant the source of the information and grounds for the belief of the declarant in its truth shall be accurately and fully stated.
64. Procedure for submission of complaint to Executive Committee. — (1) The abstract, and where a complaint has been lodged the complaint and all other documents bearing on the case shall be submitted by the Registrar to the President who shall, when he thinks this necessary, instruct the Registrar to ask the Pharmacist by means of a registered letter for an explanation he may have tooffer.
(2) The document including any explanation forwarded by the pharmacist to the Registrar / President shall then be referred to the Executive Committee.
65. Powers of Executive Committee. — (1) The Executive Committee shall consider the same and shall have power to cause further investigation to be made and further evidence to be taken and if necessary, to obtain legal or other advice. The executive Committee if it so desire may request the Drugs Control Administration of the Union Territory and authorize them to enquire into the matter on their behalf.
(2) If the Committee is of the opinion that a prima facie case is not made out, the case shall not be proceeded further and the Registrar / President shall inform the complainant, if any, of the resolution of the Committee.
(3) If the Committee is of the opinion that the circumstance suggests that a letter of warning be sent, the Committee shall send it.
(4) If the Committee resolves that the case is one in which an enquiry ought to be held, the President shall direct the Registrar to take steps for the institution of an enquiry and for having the case heard and determines by the Executive Committee.
66. Enquires. —
1. An enquiry directed under the foregoing rule shall be instituted by the issue of a notice in writing on behalf of the Executive Committee by the Registrar / President addressed to the Pharmacist. Such notice shall specify the nature and particulars of the charge and inform him of the day on which the Executive Committee intend to deal with the case and shall call upon thePharmacist to answer the charge in writing and to attend before the Executive Committee on such day. The notice shall be in FORM- '11' with such variation ascircumstances may require and shall be sent at least three weeks before the dateof enquiry. The Registrar / President shall also inform the complainant of thedate so appointed, when the case is one under rule 63(3).
2. Any answer, evidence or statement forwarded or application made by the Pharmacist between the date of the issue of the notice and the day named for the hearing of the case shall be dealt with by the President in such manner as he shall think fit.
3. All material documents which are to laid before the Executive Committee as evidence of the case shall be printed or typed or cyclostyled and a copy shall be furnished to each Member of the Committee before the hearing ofthe case.
67. Legal assistance at Inquiry. — (1) At the hearing of the case the Executive Committee, the Pharmacist and where the case is under rule 63(3) also the complainant may be represented or assisted by a legal representative.
(2) The Executive Committee may, if it considers necessary employ a lawyer to advise it in the conduct of the case.
68. Procedure of Inquiry. — When in a case under rules 63(13), the complainant appears personally or by a legal representative the following will be the order of procedure: - a. The Registrar will read to the Executive Committee the notice of the enquiry addressed to the Pharmacist
b. The complainant or his authorized representative will then be invited to state his case and to produce evidence in support of it.
c. The Registered Pharmacist or his authorized representative will then be invited to state his case and to produce his evidence in support of it. He may address the Executive Committee either before or at the conclusion ofhis evidence but only once.
d. At the conclusion of the Pharmacist's case the Executive Committee will, if the Pharmacist has produced evidence, hear the complainant in reply on the case generally, but will allow no further evidence except in any special case in which the Executive Committee may think fit to allow such further evidence. If the Pharmacist produces no evidence the complainant will not be heard in reply except by special leave of the Executive Committee.
e. Where a witness is produced by any party before the Executive Committee, he will be first examined by the party producing him and then cross- examined by the adverse party, and then re- examined by the party producing him. The Executive Committee may decline to admit in evidence any declaration where the declarant is not present or decline to submit to cross-examination.
f. The President and the lawyer where any is employed by the President may put questions to the complainant, the Pharmacist or any witness. A Member of the Executive Committee may also put questions to them but such questions shall be put through the President.
69. Absence of complainant. — (1) Where there is no complainant or no complainant the following will be the order of procedure: - I. The Registrar will read to the Executive Committee the notice of enquiry addressed to the Pharmacist and will state the facts of the case and produces before the Executive Committee the evidence by which it is supported (2) Registered pharmacist or his authorized representative will then be invited to state his case and to produce evidence in support of it. He may address the Executive Committee either before or at the conclusion of the evidence he produces, but only once
(3) The lawyer to the Executive Committee when one is employed may be heard in reply if the Executive Committee so desire.
70. Adjournment of meetings. — The Executive Committee may, if they think it necessary adjourn the hearing or further hearing of a case to another date, and inform accordingly the Pharmacist and the complainant, where any, when they are present; and when they are not present or when the date to which the hearing or further hearing is adjourned is not fixed forthwith, the Registrar shall intimate to them the date, by a letter to be sent by Registered post at least 28 days before that date.
71. Decision of Executive Committee. — (1) Upon the conclusion of the hearing the Executive Committee will deliberate in private, and at the conclusion of the deliberation, the President shall call upon the Members of the Committee present to cast their votes on the following questions according to the nature of the charge, namely: - a. Whether the Pharmacist or the person employed by him for the purpose of his business of Pharmacy, has been convicted of the offence stated in the charge;
b. Whether the Pharmacist has been guilty of an infamous conduct in a professional respect; c. Whether the conduct of a person employed by him for the purpose of his business of Pharmacy has been such as would constitute infamous conduct ifsuch person were a Registered Pharmacist;
d. Whether the name of the Pharmacist has been entered in the register by error or on account of misrepresentation or suppression 01 a material fact.
(2) If the majority of the Members present (including the President who shall have a casting vote in case of equality of votes), vote in the negative the Pharmacist shall be discharged.
(3) If the majority of the Members present (including the President) who shall have a casting vote in case of equality of votes), vote in the affirmative the Committee shall proceed to consider the punishment to be imposed. Such punishment may be either removal of the name from the register permanently or for a specified period or merely warning or censure to the Pharmacist:
Provided that, when the charge is that the pharmacist has been convicted of an offence, the Committee may, in consideration of the nature of the offenceretain from imposing any punishment on him.
(4) When the decision taken under sub-rule (3) is for removal of the name of the Pharmacist from the register, the Executive Committee shall order that the name be removed accordingly, after the same has been confirmed by the Council.
(5) The President shall upon the removal of any name from the Register pursuant to the provisions of the preceding clauses or section 36 forthwith send notice of such removal to the Pharmacist and such notice shall be sent by a registered letter addressed to the last known address or the registered address of the Pharmacist. The President shall also send forthwith intimation of any such removal to the Licensing Authority of the Union Territory under the Drugs and Cosmetic Act, 1940, and also the Dean or Secretary or other proper Officer of anybody or bodies from which the Pharmacist has received his qualifications as well as to the President of all the State/ Union Territory Councils.
CHAPTER-X
RESTORATION AND RE-ENTRY OF NAME IN THE REGISTER IN PHARMACISTS
72. Re-entry of name in the register. — The Executive Committee may, on application received from a person whose name has been removed from theRegister under Section 34, direct the President if it thinks fit to re-enter the name in the Register.
73. Application for re-entry. — The application for re-entry if a name is removed from the Register under section 34, shall be in FORM-12 and shall be accompanied by the following documents, namely: - (a) applicant's diploma, degree or experience certificate or certificate of educational qualification; and (b) his certificate of registration in original if the same has not been already returned under sub-section (5) of section 36.
74. Restoration of name.— Any person whose name has been removed from the Register under section 36 but who still possesses a qualification entitling him to be registered under the Act, may make an application to the Council for the restoration of his name in the Register and the following procedure shall be followed in the case of every such application, namely:- (1) The application shall be in writing addressed to the Council and signed by the applicant and shall state the grounds on which the application is made;
(2) The application shall be accompanied by,
(a) declaration made by the applicant setting forth the facts of the case and stating that he is the person originally registered, and
(b) by one of the following documents —
i. applicant's diploma/ degree. ii. his certificate of registration in original if the same has not been already returned by him in accordance with the provisions of sub-section (5) of section 36;
iii. a certificate in FORM- '13' from two Pharmacists registered under the Act as to his identity.
(3) The statements in the application shall also be verified by certificates in writing to be given by two Pharmacists registered under the Act who are residents in the neighborhood of the place where the applicant has been residing since the removal of his name and who were and are well acquainted with him before and since the removal of his name. They shall testify to his present good character.
(4) The application and the certificates referred to in sub- rules (2) and (3) shall be in FORM- '14' and FORM- '15' with such variation ascircumstances may require.
(5) Application for restoration to the Pharmacy Register of a name removed under section 36 shall be entertained at the next session of the Council.
(6) Before the application is considered by the Council, the President shall notify the same to the Licensing Bodies whose qualifications were held by the applicant at the time his name was removed; and shall further by letter addressed to the person or body (if any) on whose complaint the applicant's name was removed, give notice of the application and of the time when the Council intends to consider the applicant.
(7) The Council shall consider the application and may, if it thinks the consideration of it to a future date or require further evidence or explanation from the applicant.
(8) On restoration of a name in the register of Pharmacists, the President will forthwith send intimation of such restoration to the Licensing Authority under the Drugs and Cosmetics Act, 1940, and also to the Dean or Secretary or other Officer of anybody or bodies from which the Pharmacist has received his qualification or qualifications as well as to the Registrars/Presidents of all the State / Union Territory Councils.
CHAPTER-XI
REGISTRAR AND MANAGEMENT OF OFFICE
75. Registrar. — The post of the Registrar shall be of a permanent tenure. To be eligible for appointment to that Post, a candidate must possess a degree either Pharmacy or Science of a University established by Law and must have adequate administrative experience. Preference will be given to a candidate possessing a degree in Pharmacy. Possession of a degree in Law of a University established bylaw shall be considered as an additional qualification. In the case of new appointment there shall be a probationary period of One year. The Registrar shall be full-time Officer of the Council:
Provided that the President of the Council may authorize any Member to discharge the duties for the said post, till such time a permanent arrangement for the post of Registrar is made or perform such duties from his own,
76. Duties of Registrar. — (1) The Registrar shall keep the Pharmacy Register in accordance with the provisions of the Act and these rules.
(2) The Registrar shall be present at every meeting of the Council and of the Executive Committee and shall take minutes at such meetings.
(3) The Registrar shall act as Secretary of the Council, shall conduct and have charge of the correspondence of the Council and, shall issue all requisite notice in the manner required under these rules.
(4) The Registrar shall fulfill all the duties that may require by him by the Act and these rules.
77. Office hours and leave to Registrar. — Public holidays except the Office of the Registrar shall be kept open during the days when the Offices of the Administration of Union territory of Ladakh are kept open with 5 days a week from Monday to Friday. The Registrar shall not absent himself from duties except with the permission from the President. The President shall grant leave to the Registrar in accordance with the principles laid down in the Jammu and Kashmir Civil Service Rules, 1956.
78. Power of Registrar. — (1) The Registrar may obtain whatever temporary additional assistance that may be required by him, with the previous sanction of the President/ Council.
(2) The Registrar shall have the general control of the management of the Office, authority over the Treasurer, Section Officer, Clerks and other servants.
79. Term of office and casual vacancies. — (1) Subject to the provisions of this section, a nominated or elected member, other than a nominated President, 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 suchmember 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 Union Territory Council from three consecutive meetings of the Union Territory Council, or if he is elected under clause (a) or (c) of section 19 or 21 of the Pharmacy Act, 1948 or if he ceases to be a registered Pharmacist or causes to be a member of the Medical Council duly constituted under an enactment or Council of Medical Registration for the Union Territory of Jammu and Kashmir, as the case may be.
(4) A casual vacancy in the 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 Council shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitutionof, the Council.
(6) Members of the Council shall be eligible for re-nomination or re-election.
80. Staff, remuneration and allowances. — The Council may, with the previoussanction of the Administration of Union territory of Ladakh, - (a) appoint a Registrar who shall also act as Secretary and, if so, decided bythe Council, Treasurer of Council;
(b) appoint such other officers and servants as may be required to enable the Council to carry out its functions under this Act;
(c) fix the salaries and allowances and other conditions of service of the Secretary and other officers and servants of the Council;
(d) fix the rates of allowances payable to members of the Council:
Provided that for the first four years from the first constitution of the Council, the Registrar shall be a person appointed by the Administration of Union territory of Ladakh, who shall hold office during the pleasure of the Administration of Union territory of Ladakh.
CHAPTER-XII
COMMON SEAL
81. Custody of seal. — The common seal of the Council shall be kept in a box having two different locks and the key of one of these locks be in the custody of the President and the key of the other lock in the custody of the Registrar who shall further authorize any responsible person from the ministerial staff forholding the same in a safe custody.
82. Affixing of seal. — (1) The seal shall be affixed only by the Council or, when the Council is not sitting, by order of the Executive Committee, but its use by such committee shall be limited to such acts as may be necessary to carry into effect the powers delegated and duties entrusted to it by the Council.
(2) Any order for affixing the seal shall state the object of its use, and shall be entered in the minutes of the Council of the Executive Committee, as the case may be.
CHAPTER-XIII
ACCOUNTS
83. Donations. — The Council is authorized to receive for the purpose of its expenses, benefactions and contributions from private persons and bodies already proceeds of the sale of reports and other publications. All credits/debits in the account (Revenue/ Donations/ Fee) shall be made through online module i.e. (Internet payment Gateway). Bank charges on account of transactions shall be borne by the Bank/end-users.
84. Opening of bank accounts. — An account shall be opened in the Jammu and Kashmir Bank or State Bank of India (any nearest branch) located in the name ofthe Council and such of its money may be invested also in Administration ofUnion territory of Ladakh as the Executive Committee thinks fit.
85. Security for fidelity bond. — The treasurer appointed under section 26 shall furnish a security for 1,000 or shall execute a fidelity bond for a similar amount to the satisfaction of the Council. He shall receive all moneys payable to the Council, or deposited in the manner provided in rule 83.
86. Statement of accounts. — (1) The treasurer shall superintend the details of income and expenditure of the Council and shall at each ordinary meeting of the Executive Committee submit a Financial Statement showing the transactions of the Council for the month previous to one in which the meeting is held. This statement shall if possible be sent out with the notice calling the meeting. (2) The Treasurer shall in the month of July in each year prepare a statement of the income and expenditure of the preceding financial year ending 31st March, and draw the attention of the Council to such matters as seems deserving the notice.
87. Annual audit of accounts. — As soon as possible after the statements of income and expenditure of the preceding financial year ending 31st March are approved, the President of the Council are authorized to audit the accounts from the empanelled Chartered Accountant.
88. Estimate of revenue and expenditure. — (1) The annual accounts and estimate for the next financial year shall be made up by the treasurer and laid before the Executive Committee by the Registrar.
(2) In the month of February, in each year, an estimate of the revenue and of the expenditure of the Council for the year commencing on 1st April next ensuring shall be laid before the Council.
(3) Such estimate shall make provision for the fulfilment of the liabilities of the Council and for effectually carrying out its objects. It shall include on its revenue side, besides all revenue ordinarily anticipated, such grant as Administration of Union territory of Ladakh may allot and all fees received from registration and other sources.
89. Supplementary estimates. — The Council may at any time during the year for which any estimate has been sanctioned cause a supplementary estimate to be prepared and submitted to it. Every such supplementary estimate shall be considered and sanctioned by the Council in the game manner as if it were an original annual estimate. No expenditure shall be incurred by the Council which if not duly provided for in the budget or in a supplementary budget estimate.
90. Scrutiny of claims. — A bill or other voucher presented as a claim for money shall receive and examined by the treasurer. If the claim is for a sum not exceeding Rs. 500 and the bill is in order, he shall pay it. If the claim be for asum exceeding Rs. 500 payment shall be made after it is sanctioned by the President.
91. Accounting of all gums received or spent. — The treasurer shall immediately bring into account in the general cashbook all money received or spent by the Council.
92. Signing of Cheques/invoices. — All cheques/invoices on the Bank shall be signed by the President or his nominee.
93. Travelling and Daily allowances. ― (1) For attending the meeting of the council the Executive Committee or Subcommittee, the travelling and daily allowance shall be payable as provided in sub-rule (2).
(2) The travelling expenses of the members shall be paid as follows:
i. Government servants should draw the travelling allowance to which they are entitled under the prevailing travelling allowance rules.
ii. Non-Official members shall draw Travelling Allowance at the same rates as are admissible to Grade I Officer of the Administration of Union territory ofLadakh.
iii. The employees of the council shall be entitled to travelling allowances at the same rates as are applicable to the Government servants.
94. Honorarium to Registrar. ― The honorarium to be paid to the Registrar and other staff shall be fixed by the council with the previous approval of the Administration of Union territory of Ladakh.By order of the Hon'ble Lieutenant Governor UT of Ladakh (Dr. Pawan Kotwal), IAS Principal Secretary Health and Medical Education Department, Union Territory of Ladakh NO: M- 13/251/2021-OFFICE OF ADDL SECY(HME) Dated: 01.03.2022 Copy to the: -
1. Joint Secretary, (Jammu, Kashmir & Ladakh) Ministry of Home Affair, GOI, NewDelhi 2. Joint Secretary to Ministry of Health & Family Welfare,Govt.of India, NirmanBhawan, New Delhi. 3. Divisional Commissioner, Union Territory of Ladakh 4. Secretary, Department of Law and Justice Unin Territory of Ladakh 5. Drugs Controller, General, (I), FDA Bhawan, Kotla Road, New Delhi 6. Registrar-cum-Secretary, Pharmacy Council of India, New Delhi. 7. District Informatics Officer, NIC, Leh for necessary publication of the Notificationin the e-Gazette 8. Director Health Services, UT Ladakh 9. Assistant Controller Drugs cum Controlling Authority, Drug & Food Control Organization, U.T Ladakh
11. OSD with the Lieutenant Governor for information of the Hon'ble Lieutenant Governor, Ladakh
12. OSD with the Advisor to the Hon'ble Lieutenant Governor for information of theAdvisor 13. P/S to Chief Executive Councillor LAHDC Leh/Kargil for information of Hon'ble Chief Executive Councillor
14. Assistant Director Information Leh/Kargil for necessary action 15. Superintendent Achieves, Archaeology and Museums, UT Ladakh. 16. Incharge Website 17. Concerned File APPENDIX Form-'1' RULE 7
Notice of Election Election of a member or member of theUnion territory Pharmacy Council
Notice is hereby given pursuant to the provisions of Rule 6 of the Rules and Regulationsof the Union territory of Ladakh Pharmacy Council that theelection of members or the Union territory of Ladakh Pharmacy Council to serve during the period expiring
day of isabout to be held.
Nominations of eligible persons to fill the vacancy are invited.
Each Candidate must be nominated by a separate nomination paper, but any person entitled to vote at the election may sign the nomination paper of any number of Candidates not exceeding the number to be elected and for which he is entitled to vote.
Every nomination paper must be in the Form -2 to Rule 8 giving all the details required therein.
day of The nomination paper must reach the undersigned not later than from whom forms of nomination papers may be obtained on application.
Nomination papers in respect of which provision of Part-I of the Rules have not been complied with, or which are not received by the Returning Officer by the aforesaid date will be invalid.
Returning Officer.
Address : Date :
FORM '2'
RULE 8(3)
Form of nomination paper
Election of member or members of the Union territory of Ladakh Pharmacy Council.
I, the undersigned being a Registered Pharmacist, hereby nominate (a) (b)
Registered as a Pharmacist his registered number being as a candidate for election as a member of the Pharmacy Council at the forthcoming election.
Signature Address Registration No. Date
We the undersigned second the proposal of Shri
Signature Address Registration No Date
Signature Address Registration No Date
I, the undersigned hereby consent to accept nomination as a Candidate for election tothe Union territory of Ladakh Pharmacy Council.
Signature Address Registration No. Date
(a) State name and full address (b) State Registration number Form –'3' RULE-16 Form of Voting Paper
Election of member or members of the Union territory of Ladakh pharmacy Council
| Official mark of the Returning Officer Election (a) Member | |||
| Column for Voter's Mark (X) | Name of Candidate (s) | Address | Registration Number |
a. Number of candidates to be elected. b. Names to be printed in alphabetical order.
Instructions
(1) Each elector has votes. (2) He shall vote by placing the mark X opposite the names of the candidates whom he prefers. (3) The voting paper shall be invalid if the mark X is placed opposite the names of more than candidates or if the marks are so placed as to render it doubtfulto which candidates they are intended to apply.
(4) The elector shall enclose the voting paper in the identification cover and then enclose that cover in a bigger cover in the left hand lower corner of which the elector shall write his full name and signature. If the elector fails to write his full name and signature the voting paper shall be invalid.
(5) A voting paper will be invalidated if the voter returns the voting paper otherwise than in the "Identification Envelope" with the declaration thereon duly completed.
(6) Every Elector shall send his voting paper in a separate cover direct to the Returning Officer. (7) If the Returning Officer receives more than one voting paper from any elector, all such voting papers shall be invalid.
(8) If more than one mark is placed before the name of any candidate the whole voting paper will be disqualified.
(9) This paper must be folded "Face Inwards" and placed in the accompanying Identification Envelope" which must be securely closed and then placed in a covering envelope.
FORM-'4'
RULE-17(c)
Form of Declaration of Identification EnvelopeUnion
territory of Ladakh Pharmacy Council
I, (a)
of
hereby declare that I am the person to whom theenclosed voting paper was addressed that I am registered Pharmacist (b)
and that I have not returned any other voting paper inthis election.
Signature Address Date
Signed in presence of (c)
(1) Signature
(2) Signature
(1) Insert full name.
(b) Insert Register Number.
(c) There must be two witnesses.
FORM '5'
RULE 53
Form of Register of Pharmacist
1. Serial number.
2. Name in full. 3. Residential Address. 4. Date of first admission to the register. 5. Qualifications for Registration. 6. Name of the Employer. 7. Professional Address. 8. Date of Birth. 9. Nationality. 10. Date of Renewal of Registration. 11. Remarks (note removal or restoration of names with dates) FORM-'6'
RULE 55 (1)
Pharmacy Council
of the Union territory of Ladakh
Seal
NO
Date
This is to certify that Mrs/Mr/
D/0,WO
R/O has been duly registered as a Registered Pharmacist
under Section (31/ 32) of the Pharmacy Act, 1948, on the basis of having Diploma in Pharmacy/Bachelor in Pharmacy/ Master in Pharmacy/ Pharm. D course/ or entitled under section 32-C and is entitled to all the privileges granted under authority of an Act to regulate the practice of Pharmacy in the Union territory of Ladakh of being Act No. VIII of 1948 as amended.
In witness whereof are herewith affixed the seal of the Union territory of Ladakh Pharmacy Council and the signature of the Registrar of the said Pharmacy Council.
Seal
Registrar/President
This certificate is the property of Union territory of Ladakh Pharmacy Council and is issued to the above named Pharmacist in accordance with rule 55(1) of the Ladakh Pharmacy Rules.
In case of removal of name from Register, this certificate shall forthwith be surrendered.
Every Registered Pharmacist shall notify the Registrar / President about any Change in his address.
This certificate shall remain in force till days of grace up to FORM-'7'
Rule- 56
FORM OF APPLICATION FOR REGISTRATION OF PHARMACY (Under Section 32 of the Pharmacy Act, 1948)Draft of the Application Form
To
The Registrar/President, Union territory of Ladakh Pharmacy Council
Sir,
I request that my name may be registered as a Pharmacist under the Pharmacy Act, 1948 and that I may be furnished with a certificate of registration.
2. Necessary particulars are given on the reverse of this application. 3. I enclose herewith for your perusal and return the certificates in original andtheir copies for record in your office.
4. I hereby declare that I have read carefully and understood the instructions and particulars supplied to me and that all entries on the reverse of this application are true to the best of my knowledge and belief.
5. I agree that I will follow the rules of the Ladakh Pharmacy Council which may be laid down for the guidance of the registered pharmacists from time to time.
Yours faithfully Dated
Address
INSTRUCTIONS
(1) All particulars of the application must be filled in by the applicant in neatlegible hand. (2) The names and particulars entered in this application must exactly correspond with the name and particulars of the applicant entered at the University or other examination.
(3) Registration fee of Rs.3000/- in case of Fresh Registration and Rs.3500/- in case of Migration of Registration/ Non-Residents is to be deposited in the Bank through Online mode. Registration fee is not refundable whether the application for registration is accepted or rejected.
(4) Under the Pharmacy Act,1948 as it stands at present only persons who have passed the Matriculation, 10+2 examination and professional qualification or their equivalent examination are eligible for registration.
(5) Section 31, 32 and 41 of the Pharmacy Act are attached with this applicationfor the information of the application.
(6) A copy of rule 57(1) and (2) regarding renewal of registration is attached forinformation.
(1) Name in full (2) Father's Name (3) Place and Date of Birth (proof of age to be attached). (4) Nationality (5) Permanent Residential Address (6) Address of the Hospital, Dispensary or other place in which employedat present (7) Year of passing the Matriculation Examination or an examinationprescribed as being equivalent to Matriculation Examination.
(8) Years of passing 10+2 Examination or an Examination prescribed as being equivalent to 10+2 Examination.
(9) Description of qualification as a Pharmacist (10) Name of the examining body. (11) Name of the institution under which training undergone. (12) Year of passing the examination.
Signature Date
Note:-
FORM –'8'
RULE-58(1)
Application for Registration of Additional Qualification
To,
The Registrar/ President, Union territory of Ladakh Pharmacy Council.
Sir,
I beg to apply for the registration of the additional qualifications of which I have obtained from in
.
The Diploma or Certificates of the Qualifications are enclosed herewith.
These may be returned as soon as done with.
I am already registered under the Pharmacy Act, 1948 and myRegistration
Number is
.
The prescribed fee of Rs.
is sent herewith.
Yours faithfully
(Signature of the applicant) Dated:
FORM-'9'
RULE-58 (2) Registration of Additional Qualifications (Under Section 35 of the Pharmacy Act, 1948)
The additional Diploma/ Certificate appearing below have been inserted in the Registerof Pharmacists for the Union Territory against names of Shri/Shrimati
Registration No.
Diplomas or Certificates already
registered
Diplomas or Certificates already registered
Date
Registrar /President
FORM-'10'
RULE-58(3) Certified copy of entries in the Register Office of the Union territory of Ladakh Pharmacy Council
No. Certified to be a true copy of the entry in the Pharmacy Register of the name specifiedbelow:-
| Name | Address | Date of Registration | Qualification |
Registrar/ President N.B. This certified copy remains evidence of registration only until the publication of the printed Pharmacist Register for 19. It is not nor must it be used as evidence of the identity of the holder with the person named therein.
FORM-'11'
ENQUIRIES
RULE 66(1)
Notice to a Pharmacist to attend proceedings for removal of his name fromthe Pharmacists Register
under Section 36 of the Pharmacy Act, 1948
Sir,
On behalf of the Executive Committee of the Union territory of Ladakh Pharmacy
Council I give you notice that information and evidence have been laid before the Executive Committee by which the complaints make the following charge against you namely (here set out the circumstances briefly) and that in relation there to you have been guilty of infamous conduct in a professional respect.
convicted of the Or that you were on the day of _ following offence at viz (set out particulars of the conviction).
And I am directed further to give you notice that on the day of
a meeting of the Executive Committee will be held at
at o'clock in the to consider the above mentioned charges against you, and decide whether or not they should direct your name to be removed from the Register pursuant to section 36 of the Pharmacy Act, 1948. You are invited and required to answer in writing the above charges and to attend before the Executive- Committee at the abovementioned place and time to establish any denial or defence that you may have to make up to the above-mentioned charges and you are hereby informed that if you do not attend as required the Executive- Committee may proceed to hear and decide the said charges in your absence.
Any answer or their communication or application which you may desire to make respecting the said charges or your defense there to must be addressed to theRegistrar / President of the Council and transmitted so as to reach him not less than days before the day appointed for the hearing of the case.
Registrar/President FORM- ' 12'
RULE-(73)
Application for re-entry in the Register of Pharmacists of his name removed undersection 34(2)
To,
The Union territory of Ladakh Pharmacy Council,
Sir,
I, the undersigned (a)
holding the qualifications of (b)
do solemnly and sincerely declare the following:-
In the year (c) my name was duly registered in the Register in respect of the following qualification, viz, (d) and on the date of erasure of my name, I was registered in respect of the following additional qualifications, viz, (e) The Registrar removed my name from the Register on (f)
for defaultin payment of renewal fee.
Since the removal of my name from the Registrar / President, I have been residing at (g) and my occupation has been (h)
.
It is my intention if my name is restored in the Register to (i) Declared at
on
Yours faithfully (Signature) Witness (j) Signature Address Registration No. a. Insert full name b. Insert qualifications c. Insert date of Registration d. Insert qualifications e. Insert additional qualifications f. Insert date of removal g. State address h. Give Particulars i. Insert particulars as to proposed future profession j. A registered pharmacist FORM -'13'
RULE 74(2) (b) (iii)
Certificate In support of application
I hereby certify that the aforesaid applicant is the above specified whose name formerly stood in the Register of Pharmacist under the Pharmacy Act, 1948, with the following address and qualification:-
Name Address Qualification Date
Signature of the person certifying
Registration No.
FORM –'14'
Rule 74 (4) Statutory declaration by applicant for Restoration of name to the Registrar/ President ofPharmacists under Section 36 of the Act.
To
The Union territory of Ladakh Pharmacy Council,
1. I, the undersigned (a) now holding the qualifications of (b) do solemnly and sincerely declare that the following are the facts of my case and in reason of which I seek re-entry of my name in the Union Territory Pharmacy Register
2. In the year of (c) my name was duly registered in the Register in respect of the following qualification, namely, (d) and on the date of the removal of my name here-in after mentioned I was registered in respect of the same qualifications (e) and also in respect of the following additional qualifications, namely 3. At an enquiry held on the (O day of the Council directed my name to be removed from the Register on a complaint made to the Union Territory Pharmacy Council by (g) of and the offence for which the Council directed the removal of my name was (h)
4. Since the removal of my name from the Register I have been residing at (i) and my occupation has been 5. It is my intention if my name is re-entered in the Register (j) 6. The grounds of application are (k)
Signed Declared at on before me Presidency Magistrate or Commissioner of Oaths or Justice of Peace.
(a) Insert full name (b) Insert qualifications, if any (c) Insert date (d) Insert Original qualifications (e) To be added to if necessary (f) Insert date of enquiry (g) Insert name and address of the complainant (h) Insert charge on which name was removed (i) The blanks in this paragraph must be filled in accordance to Circumstances. (j) Insert particulars as to propose future professional occupation. (k) All facts and grounds on which the application is made should be clearly andconcisely stated.
FORM-'15'
RULE 74 (4)
Certificate in support of application
I
of
certify as follows:-
i. My Registration No. is ii. I have read paragraphs (4) and (5) of the application of
and say that I have been and am well acquainted with the said both before and since his name was removed from the Register that I believe him to be now a person of good character and that the statements in the said paragraphs are tothe best of my knowledge information and belief true.
Address:
Signature Registration No "No legal responsibility is accepted for the contents of publication of advertisements/publications in this part of The Ladakh Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal consequences and also for any other misrepresentation etc."