Pharmacy Act-1948 and Rules: Objectives, Definitions, Pharmacy Council of India; its Composition and Constitution.

• Pharmacy Act 1948

• An Act to Regulate Pharmacy Profession in India.

Objectives:

• 1. To Provide Uniform Education and Training to “Would be Pharmacist” Throughout India.

• 2. To Control Persons Entering in Pharmacy Profession Throughout India.

PHARMACY COUNCIL OF INDIA (CENTRAL COUNCIL)

• The Pharmacy Act, 1948 was implemented in the country on 4th March 1948. It has a provision to constitute the Pharmacy Council of India (PCI). PCI is also known as the Central Council. The Pharmacy Council of India (PCI) has been constituted for five years. After every five years, PCI is reconstituted. The first PCI was constituted in 1949. It consists of elected, nominated, and ex-officio members.

Composition and constitution of Pharmacy council of India

• Elected Members

  • 1. The University Grant Commission (UGC) elects 6 members among teaching staff in institutes granting diplomas or degrees in pharmacy. Among these elected members, there should be at least one teacher of the following subjects: pharmacy, Pharmaceutical chemistry, Pharmacognosy, and Pharmacology.

  • 2. Each state pharmacy council elects one member among themselves. Elected members must be registered pharmacists.

  • 3. The Medical Council of India elects one member among themselves. Elected members will have membership of both councils i.e. Pharmacy Council of India and Medical Council of India.

• Representative:

  • 4. All India Council of Technical Education (AICTE): 1-Representative

  • 5. University Grant Commission (UGC): 1- Representative

• Nominated Members

  • 6. The Central Government nominates six members. Among them, at least four should have a degree or diploma in pharmacy and be engaged in practicing pharmacy or pharmaceutical chemistry.

  • 7. Each state government nominates one registered pharmacist.

  • 8. Each union territory (UT) will nominate one member eligible for registration as a pharmacist.

• Representative

  • 9. One representative from the University Grant Commission (UGC

  • 10. One representative from the All India Council of Technical Education (AICTE)

• Ex-Officio Members

  • 11. The Director General of Health Service or an authorized person by him

  • 12. The Drugs Controller of India or an authorized person by him

  • 13. The Director, Central Drug Laboratory, Kolkata.

• Members of the Pharmacy Council of India elect one president and one vice president among themselves. Pharmacy Act 1948 also provides a constitution of an executive committee consisting of the president, vice president, ex-officio, and five other members. The president shall be chairman of the executive committee. These five members are elected by members of the Pharmacy Council of India. These five members should also have membership in the Pharmacy Council of India. The elected president, vice president of the council, and elected members of the executive committee hold their office for 5 years or not beyond their tenure as members of the council. Any dispute regarding the election shall be referred to the central government. The decision of the central government shall be final.

• The Pharmacy Council of India appoints one secretary. The secretary will also act as registrar and treasurer of the pharmacy council. Other staff ministerial and clerical staff are also appointed to carry out the day-to-day functions of the council. The council fixes service conditions, service periods, working hours, remuneration to be paid to staff, etc appointed in the council.

• Elected and nominated members hold their office for five years. After five years they vacate their office. They can resign from membership of the pharmacy council before the completion of their tenure. They submit their resignation to the president of the Pharmacy Council of India. They have to attend every meeting of the pharmacy council as members. Absent from three consecutive meetings may attract notice from the president of the pharmacy council. If there is no satisfactory reason to be absent from meetings, the president can dismiss their membership from the council. They have to vacate their seats. Some members are elected by the University Grant Commission, Medical Council of India, and State Pharmacy Council. If their membership in their parent organization is seized/canceled due to any reason, their membership in the Pharmacy Council of India will also be canceled. For example, UGC elects a teacher as a member of the pharmacy council. If there are no more teachers in the university or college, their membership in the pharmacy council will also be canceled. One member is elected by members of the Medical Council of India. If his membership in the medical council is canceled then automatically his membership in the Pharmacy Council of India will also be cancelled. Similarly, some members are nominated by the central government and state governments as registered pharmacists. If their registration is cancelled due to any reason then their membership in the pharmacy council will also be seized.

• Vacated seats shall be filled by a fresh nomination and fresh election. Newly elected and nominated members hold their seats in the pharmacy council for residual periods.

• After the completion of five years of the constitution of the pharmacy council, it will be dissolved. All members are eligible for re-election and re-nomination. The Pharmacy Council of India has the authority to frame rules and regulations to summon and hold meetings, to manage its property, to maintain its property, to maintain its account, to audit its account, decide the duties and power of the president, vice president, and executive committee, frame any other special committee for any general or special purposes for a duration not more than five years, include any person in this committee who is not a member of pharmacy council. Remuneration and allowances paid to these members are fixed by the Pharmacy Council of India after prior sanction from the government. The Pharmacy Council of India also lays down the qualifications, terms of office, power, and duties of the secretary, inspectors, and other officers of the Pharmacy Council of India.

• The Pharmacy Council of India is deemed to be a corporate body. It has perpetual succession, a common seal, and the power to acquire and hold all movable and immovable properties. All will be handed over to the next pharmacy council after dissolving the previous council upon completion of its five years of tenure.

• The Pharmacy Council of India has to submit the following documents to the central government annually: Minutes of all meetings of the pharmacy council and executive committee, a summary of their annual activities, and financial account details. Financial accounts must be maintained as per guide line from the controller and auditor general of India. These financial accounts will be audited time to time. Central government has authority to publish its summary or report as required.

Alok Bains