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  "title": "PHARMACY ACT, 1967",
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  "text": "THE PHARMACY ACT, 1967 \r\n(XI of 1967) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Establishment of Pharmacy Councils \r\n4. Composition of Central Council \r\n5. Composition of the Provincial Council \r\n6. Disqualification for membership \r\n7. Publication of names \r\n8. Term of office \r\n9. Filling of casual vacancy \r\n10. Vacancy, etc., not to invalidate the proceedings of a Council \r\n11. Election of Vice-President \r\n12. Committees of a Council \r\n13. Meetings of a Council \r\n14. Annual report \r\n15. Appointment of Secretary, officers and staff of the Council \r\n16. Finances \r\n17. Functions of the Central Council \r\n18. Approval of examinations \r\n19. Approval of courses of study \r\n20. Furnishing of information \r\n21. Inspectors \r\n22. Withdrawal of approval \r\n23. Functions of a Provincial Council \r\n24. Preparation and maintenance of Registers \r\n25. Qualifications for registration as a  pharmacist or as an apprentice in \r\npharmacy \r\n26. Procedure for registration \r\n27. Certificate of registration \r\n28. Revocation of certificate \r\n29. Examination for registration as  pharmacists  \r\n30. Qualifications for admission to an examination \r\n31. Prohibition of practice without registration \r\n32. Cognizance of offences, etc \r\n33. Indemnity \r\n34. Power to make bye- laws \r\nTEXT \r\n1\r\nTHE PHARMACY ACT, 1967 \r\n(XI of 1967) \r\n[20th June, 1967] \r\nAn \r\nAct \r\nto establish Pharmacy Councils to regulate the practice of pharmacy \r\nWHEREAS it is expedient to establish Pharmacy Councils to regulate the \r\npractice of pharmacy and to provide for matters connected therewith and incidental \r\nthereto; \r\nAND WHEREAS  the national interest of P akistan in relation to the \r\nachievement of uniformity within the meaning of clause (2 ) of Article 131 of the \r\nConstitution requires Central legislation in the matter; \r\nIt is hereby enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act ma y be called the \r\nPharmacy Act, 1967. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext,– \r\n(a) “approved” means approved under section 18 o r, as the case may be, \r\nsection 19; \r\n(b) “Central Council” means the Pharmacy Council of Pakis tan established \r\nunder section 3; \r\n(c) “Council” means a Pharmacy Council established under section 3;  \r\n(d) “Medical Institution” means an institution whose medical q ualifications \r\nare recognised under the  \r\n2\r\n[Medical and Dental Council Ordinance, \r\n1962]; \r\n3\r\n[(e) “Pakistan Pharmacists Association” means the association registered \r\nunder the Societies Registration Act, 1860 (XXI of 1860), and known at \r\nthe commencement of the Pharmacy (Amendment) Act, 1973, by that \r\nname; \r\n                                                           \r\n1This Act received the assent of President on 20 th June 1967;and published in the Gazette of Pakistan, Extraordinary, dated \r\n20th June 1967, pages 463-475. \r\n2Substituted for the words, comma and figure “ Medical Council Ordinance, 1962 ” by the Federal Laws (Revision and \r\nDeclaration) Ordinance,1981(XXVII of 1981),w.e.f.8.7.1981, s.3 and the second Schedule; and published in the Gazette  of \r\nPakistan (Extraordinary), pages 345-475. \r\n3Substituted by the Pharmacy (Amendment ) Act, 1973 (XXII of 1973 ), w.e.f. 8.2.1973 , s.2; and published in the Gazette of \r\nPakistan (Extraordinary). \r\n(f) “Pharmacist” means a person who  is registered under section 24 in \r\nRegister A or Register B; \r\n(g) “pharmacy institution” means an institution who se qualifications of \r\nPharmacy are recognised under this Act; and  \r\n(h) “Provincial Council”  means the Pharmacy Council of a Province \r\nestablished under section 3.] \r\n3. Establishment of Pharmacy Councils.– (1) Within a period of one year from \r\nthe commencement of this Act,– \r\n(a) the \r\n4\r\n[Federal Government] shall, by notificati on in the official Gazette, \r\nestablish a Central Pharmacy Council to be known by the name of t he \r\nPharmacy Council of Pakistan; and \r\n5\r\n[(b) each Provincial Government shall, in like manner, establish a \r\nProvincial Pharmacy Council to be known by the name of the  Province \r\nconcerned.] \r\n(2) Each of the Pharmacy Councils established under sub -section (1 )\r\n shall be a body corporate having perpetual succession and common seal, \r\nwith power, among others, to acquire, hold and dispose of property, and shall by its \r\nname sue and be sued. \r\n4. Composition of Central Council .– (1) The Central Council shall, subject to \r\nthe provisions of sub-section (2), consist of the following members, namely:– \r\n(a) the Director-General of Health, Government of Pakistan, ex-officio, who \r\nshall, unless the \r\n6\r\n[Federal Government] appoints any other officer to be \r\nthe President, also be the President of the Council; \r\n(b) the officer, if any, appointed under clause (a ) to be the President of the \r\nCouncil; \r\n7\r\n[(c) eight persons, to be nominated by the Federal Government, out of \r\nwhom one from each Province shall be nominated in consultation with \r\nthe Provincial Government concerned, one shall be a teacher of \r\npharmaceutics and one a teacher of pharmaceutical chemistry; \r\n(d) one person  from each Province, to be nomina ted by the Federal \r\nGovernment, so far as may be, in consultation with the Provincial \r\nCouncil concerned; \r\n(e) one person, to be nominated by the Federal Government in \r\nconsultation with the Pakistan Pharmacists Association; and \r\n                                                           \r\n4Substituted for the words “Central Government” by the Federal Adapta tion of Laws Order, 1975 (P.O.  No.4 of 1975), \r\nw.e.f.1.8.1975, Article 2 and the Table of General Adaptations; and published in the Gazette of Pakistan (Extraordinary), pages \r\n435-467. \r\n5Substituted by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f.  8.2.1973, s.3; and published in the Gazette of \r\nPakistan (Extraordinary). \r\n6Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O.  No.4 of 1975), \r\nw.e.f.1.8.1975, Article 2 and the Table of General Adaptations; and published in the Gazette of Pakistan (Extraordinary), pages \r\n435-467. \r\n7Substituted by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 8.2.1973, s.4; and published in the Gazette of \r\nPakistan (Extraordinary). \r\n(f) the Drugs Controller, Government of Pakistan.] \r\n(2) The \r\n8\r\n[Federal Government] may, by notification in the official Gazette, \r\nincrease or decrease the number of persons to be nominated by it under clause (c ) \r\nof sub-section (1) \r\n9\r\n[* * *]: \r\nProvided that the decrease in the number of membe rs shall not affect the \r\ncontinuance in office of, and the performance of functions by, any member until the \r\nexpiry of his term. \r\n5. Composition of the Provincial Council .– (1) A Provincial Council shall, \r\nsubject to the provisions of sub -section (2), consist  of the following members, \r\nnamely:– \r\n10\r\n[(a) the Secretaries to the Provincial Governments in the Health \r\nDepartment, ex officio, who shall, unless the Provincial Government \r\nappoints any other officer to be the President, also be the Presidents of \r\nthe respective Councils;] \r\n(b) the officer, if any, appointed under clause (a ) to be the President of the \r\nCouncil; \r\n11\r\n[(c) five persons to be nominated by the Provincial Government , of whom \r\none shall be an officer of that Government; and \r\n(d) one person to be nominated by  the Provincial Branch of the Pakistan \r\nPharmacists Association.] \r\n(2) The Provincial Government may, by notification in the official Gazette, \r\nincrease or decrease the number of persons to be nominated by it under clause (c ) \r\nof sub-section (1) Provided that the decrease in the number of members shall not \r\naffect the continuance in office of, and the performance of functions by, any member \r\nuntil the expiry of his term. \r\n12\r\n[6. Disqualification for membership .– A person, other than a p rofessor of \r\nmedical institutio n or a pharmacy institution or an officer of the Provincial \r\nGovernment nominated under clause (c ) of subsection (1) of section 5, shall not be \r\neligible for nomination as a member of the Council unless he is a pharmacist  \r\nregistered in Register A: \r\n13\r\n[ * * * * * * * * * * *   ] \r\n                                                           \r\n8Substituted for the words “Central Gov ernment” by the Federal Adaptation of Laws Order, 1975 (P.O.  No.4 of 1975), \r\nw.e.f.1.8.1975, Article 2 and the Table of General Adaptations; and published in the Gazette of Pakistan (Extraordinary), pages \r\n435-467. \r\n9Omitted the words “so however that the num ber of persons to be nominated from each Province remains equal” by the \r\nPharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 8.2.1973, s.4; and published in the Gazette of Pakistan (Extraordinary) \r\n10Substituted by the Pharmacy (Amendment) Act, 1973 (XXII o f 1973), w.e.f. 8.2.1973, s.5; and published in the Gazette of \r\nPakistan (Extraordinary). \r\n11Substituted by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 8.2.1973, s.5; and published in the Gazette of \r\nPakistan (Extraordinary). \r\n12Substituted by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 8.2.1973, s. 6; and published in the Gazette of \r\nPakistan (Extraordinary). \r\n13Omitted by the Federal Laws (Revision and Declaration) Ordinance,1981(XXVII of 1981),w.e.f.8.7.1981, s.3 and the second \r\nSchedule; and published in the Gazette of Pakistan (Extraordinary), pages 345-475. \r\n7. Publication of names.– The \r\n14\r\n[Federal Government] or, as the case may be, \r\nthe Provincial Government shall publish in the official Gazette the names or the \r\nofficial titles of the members of the Council. \r\n8. Term of office .– (1) Subject to the provi sions of sub -section ( 2), a mem ber \r\nother than an ex-officio member shall hold office for a period of three years \r\ncommencing on the day on which he assumes office and shal l be eligible for re -\r\nnomination: \r\nProvided that notwithstanding the expiry of his term a member shall continue \r\nto function until his successor assumes office. \r\n(2) Where the \r\n15\r\n[Federal Government] or, as the case may be, the \r\nProvincial Government, upon the recommendation of a majority of the members of \r\nthe Council, is satisfied that a member of the Council is negligent in the discharge of \r\nhis duties or is guilty of any unprofessional or dishonorable conduct or is otherwise \r\nnot competent to perform the functions of a member, it may, by notification in the \r\nofficial Gazette, remove suc h member; and upon t he publication of such notifica tion \r\nthe seat of the member shall become vacant. \r\n9. Filling of casual vacancy.– A casual vacancy in the office of a member shall \r\nbe filled for the remainder of the term of such member, not being less than six \r\nmonths, by nominating another person in his place, in the same manner in which \r\nsuch member was nominated. \r\n10. Vacancy, etc., not to invalidate the proceedings of a Council .– No act or \r\nproceedings of a Council shall be invalid merely on the ground of th e existence of \r\nany vacancy in, or any defect in the composition of, the Council. \r\n11. Election of Vice -President.– (1) A Council shall every year elect one of its \r\nmembers to be the Vice -President of the Council and the Vice -President so elected \r\nshall hold office for a period of one year and shall be eligible for re-election: \r\nProvided that a Vice -President shall, notwithstanding the expiry of his term, \r\ncontinue to function until his successor is elected. \r\n(2) The Vice-President shall perform such functions as may be entrusted \r\nto him by the Council and, in the absence of the President, also the functions of the \r\nPresident. \r\n12. Committees of a Council.– (1) A Council may constitute such committees \r\nas it deems fit for the purpose of advising and assistin g it in the  performance of its \r\nfunctions. \r\n(2) A committee constituted under sub-section (1) may co -opt as its \r\nmember any person whose assistance or advice it may consider necessary for the \r\nefficient performance of its functions. \r\n                                                           \r\n14Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O.  No.4 of 1975), \r\nw.e.f.1.8.1975, Article 2 and the Table of General Adaptations; and published in the Gazette of Pakistan (Extraordinary), pages \r\n435-467. \r\n15Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O.  No.4 of 1975), \r\nw.e.f.1.8.1975, Article 2 and the Table of General Adaptations; and published in the Gazette of Pakistan (Extraordinary), pages \r\n435-467. \r\n13. Meetings of a Council.– (1) A Council shall meet at such time and place, and \r\na meeting of the Council shall be summoned and conducted in such manner, as may \r\nbe laid down by its bye-laws: \r\nProvided that, until such bye -laws are made, the President of the Council \r\nmay, by notice addressed to e ach member, summon and conduct a meeting at such \r\ntime and place and in such manner as he may deem expedient. \r\n(2) The President and, in his absence, the Vice -President shall preside at \r\nevery meeting of the \r\n16\r\n[Council] and, in the absence of both the Presiden t and the \r\nVice-President, the members present shall elect one amongst them to preside. \r\n17\r\n[(3) The quorum for a meeting of the Council shall be one-third of the total \r\nnumber of members, a fraction being counted as one.] \r\n14. Annual report.– As soon as may be after the close of every year, the Central \r\nCouncil shall submit to the \r\n18\r\n[Federal Government] and a Provincial Council to the \r\nProvincial Government, an annual report giving an account of its pr oceedings \r\ntogether with a state ment of moneys received and expen ses incurred by it during \r\nthat year. \r\n15. Appointment of Secretary, officers and staff of the Council .– (1) A \r\nCouncil shall, with the approval in the case of the Central Council of the \r\n19\r\n[Federal \r\nGovernment] and in the case of a Provincial Council of the Pro vincial Government, \r\nappoint a Secretary from amongst persons eligible for registration as pharmacists \r\n20\r\n[in Register A] on such terms and conditions as it may deem fit. \r\n(2) The Council may also appoint such officers and staff as may be \r\nnecessary for the efficient performance of its functions. \r\n16. Finances.– (1) The funds of the Central Council shall consist of such moneys \r\nas may be placed at its disposal by the \r\n21\r\n[Federal Government]. \r\n(2) The funds of a Provincial Council shall consist of the fees received by  it \r\nunder this Act and of such moneys as may be placed at its disposal by the Provincial \r\nGovernment. \r\n17. Functions of the Central Council .– (1) The functions of the Central Council \r\nshall be– \r\n                                                           \r\n16Substituted for the word „Board‟ by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 20.6.1967, s.7; and published \r\nin the Gazette of Pakistan (Extraordinary), dated 8.2.1973. \r\n17Added by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 8.2.1973, s.7; and published in the Gazette of Pakistan \r\n(Extraordinary). \r\n18Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O.  No.4 of 1975), \r\nw.e.f.1.8.1975, Article 2 and the Table of General Adaptations; and published in the Gazette of Pakistan (Extraordinary), pages \r\n435-467. \r\n19Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O.  No.4 of 1975), \r\nw.e.f.1.8.1975, Article 2 and the Table of General Adaptations; and published in the Gazette of Pakistan (Extraordinary), pages \r\n435-467. \r\n20Inserted by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 8.2.1973 , s.8 ; and published in the Gazette of \r\nPakistan (Extraordinary). \r\n21Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O.  No.4 of 1975), \r\nw.e.f.1.8.1975, Article 2 and the Table of General Adaptations; and published in the Gazette of Pakistan (Extraordinary), pages \r\n435-467. \r\n(a) to approve examinations in pharmacy for the purpose of qualif ying \r\npersons for registration as pharmacists; \r\n(b) to prescribe the subjects in which approved examinations shall be held; \r\n(c) to approve the courses of study and practical training in pharmacy for \r\nthe purpose of admission to approved examinations; \r\n(d) to prescribe the conditions and procedure for admission of candid ates \r\nto an approved examination; \r\n(e) to lay down the standard of teaching to be maintained by institutions \r\nconducting the approved courses of study; \r\n(f) to prescribe the equipment and facilities to be  made available to the \r\nstudents; \r\n(g) to recognize degree or diplomas in pharmacy for the  purpose of  \r\nregistration as pharmacists; \r\n(h) to cause inspection of institutions which conduct any courses of study \r\nin pharmacy and of the teachings imparte d and e xaminations held by \r\nthem; and \r\n(i) to do such other acts and things as it may be empowered or required to \r\ndo by or under this Act. \r\n(2) The Central Council, with the previous approval of the \r\n22\r\n[Federal \r\nGovernment], may, by notification in the official Gazette , make regulations for the \r\npurposes of sub-section (1). \r\n18. Approval of examinations .– (1) Any institution or authority, including a \r\nProvincial Council, which holds an examination in pharmacy, may apply to the \r\nCentral Council for approval of the examinatio n for the purpose of qualifying a \r\nperson for registration as a pharmacist under this Act. \r\n(2) The Central Council, if it is satisfied after such enquiry as it may think fit \r\nthat the examination for the approval of which an application has been made under \r\nsub-section (1) is in conformity with this Act and the regulations, shall approve the \r\nexamination and, by notification in the official Gazette, declare it to be an approved \r\nexamination for the purpose of qualifying a person for registration as a pharmacist \r\nunder this Act. \r\n19. Approval of courses of study .– (1) Any institution or authority which \r\nconducts a course of study in pharmacy may apply to the Central Council for \r\napproval of such course of study for the purpose of admission to an approved \r\nexamination. \r\n(2) The Central Council, if it is satisfied after such enquiry as it may think fit \r\nthat the course of study for the approval of which an application has been made \r\nunder sub-section (1) is in conformity with this Act and the regulations, shall submit \r\n                                                           \r\n22Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O.  No.4 of 1975), \r\nw.e.f.1.8.1975, Article 2 and the Table of General Adaptations; and published in the Gazette of Pakistan (Extraordinary), pages \r\n435-467. \r\nthe application together with its recommendation to the \r\n23\r\n[Federal Government] and \r\nshall, upon the approval of the course of study by the \r\n24\r\n[Federal Government] , \r\ndeclare it, by notification in the official Gazette, to be an approved course of study for \r\nthe purpose of admission to an approved examination. \r\n20. Furnishing of information .– Every institution or authority which applies for \r\nthe approval of an examination under section 18 or of a course of study under \r\nsection 19, or holds an approved examination, or conduc ts an approved course of \r\nstudy, shall furnish to the Central Council such information as the Council may, from \r\ntime to time, require relating to– \r\n(a) the course of study conducted and training given; \r\n(b) the examination held; \r\n(c) the ages at which the students may undergo the course of study; \r\n(d) the equipment and facilities provided for the students; and \r\n(e) matters generally pertinen t to the course of study, train ing and \r\nexaminations and standard of teaching. \r\n21. Inspectors.– (1) The Central Council may a ppoint such Inspectors for the \r\ninspection of institutions as it may consider necessary. \r\n(2) An Inspector appointed under sub -section (1 ) may, if he is so \r\nauthorized in writing by the President of the Council,– \r\n(a) inspect any institutio n which holds an app roved exami nation or \r\nconducts an approved course of study and may attend any such  \r\nexamination held by such institution; \r\n(b) inspect any instituti on which has applied for the ap proval of the \r\nexamination held, or course of study conducted, by it and attend a ny \r\nexamination held by such institution. \r\n(3) An Inspector who attends any examination shall not interfere with the \r\nconduct thereof but shall submit to the Central Council a report on the sufficie ncy or \r\notherwise of such examination  and on any other matter in regard to which the \r\nCentral Council may require him to report. \r\n22. Withdrawal of approval .– (1) Where, upon a report by an Inspector, it \r\nappears to the Central Council that an approved course of study or an approved \r\nexamination does not continue to be i n conformity with this Act and the regulations, \r\nthe Central Council shall give notice to the institution or authority concerned calling \r\nupon it to explain in writing why the approval of its course of study or examination \r\nshould not be withdrawn. \r\n                                                           \r\n23Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O.  No.4 of 1975), \r\nw.e.f.1.8.1975, Article 2 and the Table of General Adaptations; and published in the Gazette of Pakistan (Extraordinary), pages \r\n435-467. \r\n24Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O.  No.4 of 1975), \r\nw.e.f.1.8.1975, Article 2 and the Table of General Adaptations; and published in the Gazette of Pakistan (Extraordinary), pages \r\n435-467. \r\n(2) The institution or authority to whom a notice has been given under sub -\r\nsection (1) shall, within sixty days from the receipt of such notice, comply with the \r\nnotice and may also make such representation to the Central Council, through the \r\nProvincial Government, as it may wish to make. \r\n(3) The Central Council, after considering the explanation given and any \r\nrepresentation made under sub -section (2 ) and any observations on the \r\nrepresentation which the Provincial Government may think fit to make, may, by \r\nnotification in the official Gazette, declare that its approval of the course of study or \r\nexamination conducted or held by the institution or authority concerned shall stand \r\nwithdrawn with effect from such d ate as may be specified therein ; and every such \r\ndeclaration shall state that the course of study or examination conducted or held by \r\nsuch institution or authority shall be deemed to be approved only when completed or \r\npassed, as the case may be, before the date so specified. \r\n23. Functions of a Provincial Council. – The functions of a Provincial Council \r\nshall be– \r\n(a) to prepare and maintain registers of pharmacists and ap prentices in \r\npharmacy; \r\n(b) to register pharmacists and grant certificates of registration; \r\n(c) to conduct examinations for the purpose of registration as pharmacists; \r\nand \r\n(d) to do such other acts and things as it may be empowered or required to \r\ndo by this Act. \r\n24. Preparation and maintenance of Registers .– (1) The Provincial Council \r\nshall prepare or cause to be prepared and maintained the following Regi sters of \r\nPharmacists and apprentices for the Province, namely:– \r\n25\r\n[(a) Register A–in which shall be registered the persons specified in clause \r\n(a) of subsection (1) of section 25; \r\n(b) Register B –in which shall be registered the persons specified in \r\nclauses (b) and (c) of the said subsection; and] \r\n(c) Register C–in which shall be registered the apprentices in pharmacy: \r\nProvided that the Provincial Council may, with the previous approval of the \r\nProvincial Government, discontinue the registration of apprentices  in pharmacy and \r\nmay, with like approval , re-open such registration after it has been discontinued and \r\nshall, upon such discontinuance or re-opening, publish in the official Gazette a notice \r\nthereof specifying the date of such discontinuance or re-opening. \r\n(2) Every Register prepared and maintained under sub -section (1 ) shall \r\ninclude the following particulars relating to a person registered, namely:– \r\n(a) full name; \r\n(b) residential address; \r\n                                                           \r\n25Substituted by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 8.2.1973, s.9; and published in the Gazette of \r\nPakistan (Extraordinary). \r\n(c) professional address; \r\n(d) father‟s name; \r\n(e) date and place of birth ; \r\n(f) nationality; \r\n(g) qualifications; \r\n(h) date on which registered; and \r\n(i) such other particulars as may be prescribed by bye-laws. \r\n25. Qualifications for registration as a  pharmacist or as an apprentice in \r\npharmacy.– (1)The following pe rsons shall, subject to the pro vision of sub -section \r\n(3), be qualified for registration as pharmacists under this Act, namely:– \r\n(a) persons who hold a degree in pharmacy conferred by a University or \r\nan institution affiliated thereto, where the degree is recognised by the \r\nCentral Council; \r\n(b) persons who hold a diploma in pharmacy granted by any institution \r\nrecognised by the Central Council; and \r\n(c) persons who pass the examination in pharmacy held by a Provincial \r\nCouncil \r\n26\r\n[.] \r\n27\r\n[ * * * * * * * * * * *   ] \r\n28\r\n[(1-A) Subject to the provisions of subsection (3), during the period of one \r\nyear from the commencement the Pharmacy (Amendmen t) Act, 1973, a person who \r\nwas, on the 19 th day of June 1972, to be deemed to be  qualified for registration as a \r\npharmacist shall be deemed to be so qualified.]  \r\n29\r\n[(2) the following persons shall, subject to the provisions of sub -section (3), \r\nbe qualified to be registered as an apprentice in pharmacy, namely :– \r\n(i) an Inspector of Drugs and a Government Analys t appointed under the  \r\n30\r\n[Drugs Act ,1976 (XXXI of 1976)],  if not other wise eligible for \r\nregistration; \r\n(ii) a person certified by a Government Hospital to be a qualified \r\ncompounder and dispenser; \r\n(iii) a person who has been taken as a student or apprentice in pharmacy \r\nby, and produces a certific ate to that effect from, a pharmacist \r\n                                                           \r\n26Substituted for the “colon” by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 8.2.1973, s. 10; and published \r\nin the Gazette of Pakistan (Extraordinary). \r\n27Omitted by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 8.2.1973 , s.10; and published in the Gazette of \r\nPakistan (Extraordinary). \r\n28Inserted by the Pharmacy (Amendment) Act, 1973 (XXII of  1973), w.e.f. 8.2.1973, s. 10; and published in the Gazette of \r\nPakistan (Extraordinary). \r\n29Substituted by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 8.2.1973, s.10; and published in the Gazette of \r\nPakistan (Extraordinary). \r\n30Substituted for th e words, comma and  figure “Drugs Act, 1940 ” by the Federal Laws (Revision and Declaration) \r\nOrdinance,1981(XXVII of 1981),w.e.f.8.7.1981, s.3 and the second Schedule; and published in the Gazette  of Pakistan \r\n(Extraordinary), pages 345-475. \r\nregistered in Register A and approved for the purpose, by notification in \r\nthe official Gazette, by the Provincial Government; and \r\n(iv) a person who is a qualified person within the meaning of rule 65 of the \r\nWest Pakist an Drugs Rules, 1958, if not otherwise eligible for \r\nregistration.]  \r\n(3) No person shall be qualified for registration as a pharmacist or as an \r\napprentice in pharmacy– \r\n(a) if he is of unsound mind and stands so declared by a court; or \r\n(b) if he has been con victed by a court of any offence which in the opinion \r\nof the Provincial Council involves moral turpitude. \r\n26. Procedure for registration.– (1) As soon as may be after the opening of the \r\nRegisters under section 24, the Provincial Council shall, by notificat ion in the official \r\nGazette, invite applications from persons desirous of being registered as \r\npharmacists or as apprentices in pharmacy. \r\n(2) An application for registration shall contain such particulars and be \r\nmade in such form as may be specified by the Provincial Council and shall be \r\naccompanied by such fee as may be prescribed by the bye-laws. \r\n(3) The Provincial Council shall examine every application received by it \r\nand, if it is satisfied that the applicant is qualified for registration under section 2 5, \r\ndirect the entry of the name of the applicant in the appropriate Register. \r\n(4) The Provincial Council shall, if it rejects the application of any person, \r\ninform the applicant in writing of such rejection within ninety days from the date of \r\nreceipt of the application, and the applicant may within sixty days of the receipt of the \r\ninformation appeal against such rejection to the Provincial Government whose \r\ndecision thereon shall be final. \r\n(5) Failure to inform the applicant of the rejection within the perio d \r\nspecified in sub -section (4) shall be treated as accept ance of the application for \r\nregistration. \r\n27. Certificate of registration .– (1) The Provincial Council shall issue a \r\ncertificate of registration to a person who has been registered under section 26. \r\n(2) A certificate of registration issued under sub -section (1 ) shall bear a \r\nnumber and the official seal of the Council and be signed by its President and the \r\nSecretary and shall contain the following, namely:– \r\n(a) a passport size photograph of the person registered; \r\n(b) the full signature of the person registered; and \r\n(c) an endorsement of any mark of identification of the person registered. \r\n(3) A copy of the certificate with all the particulars specified in sub -section \r\n(2) shall be kept in the official records of the Council. \r\n(4) A person to whom a certificate of registration has been issued may, if \r\nthe original is lost, defaced or mutilated or for any other reason, obtain a duplicate \r\nthereof on payment of the same fee as was paid for the original. \r\n28. Revocation of certificate .– (1) The Provincial Council may, after giving the \r\nperson concerned an opportunity to make representation and of being heard, revoke \r\nthe certificate of registration issued to him, if such person– \r\n(a) incurs any disqualification specified in sub-section (3) of section 25; or \r\n(b) contravenes any of the provisions of the Poisons Act, 1919  (XII of \r\n1919), the Dangerous Drugs Act, 1930  (II of 1930) , \r\n31\r\n[Drugs Act,1976 \r\n(XXXI of 1976)]  , or this Act or of the rules made under any of those \r\nActs; or \r\n(c) fails or neglects to comply with any directive in respect of the \r\nprofession of a pharmacist  which the \r\n32\r\n[Federal Government] or the \r\nProvincial Government may, from time to time, issue; or \r\n(d) is guilty of such professional misconduct as may be laid down by the \r\nProvincial Council in this behalf. \r\n(2) Where any certificate of  registration is revoked under sub -section (1), \r\nthe name of the person whose certificate has been so revoked shall, after he has \r\nbeen given a notice in writing of such revocation, b e struck off the register in which \r\nhis name was entered and his registration shall thereupon stand cancelled. \r\n(3) The Provincial Council may, of its own motion, and shall, upon an \r\napplication made in this behalf within thirty days of the receipt of the not ice under \r\nsub-section (2) by the person concerned, review its decision to revoke a certificate of \r\nregistration; and the decision of the Council upon such review shall be final. \r\n29. Examination for registration as  pharmacists.– (1) For the purpose of \r\nregistration as pharmacists, the Provincial Council shall, after giving notice in this \r\nbehalf hold examinations twice in every year. \r\n(2) An examination under sub-section (1) shall be held \r\n33\r\n[at such place in a \r\nProvince as the Provincial Council may decide]. \r\n(3) Notice of an examination shall be published for a continuous period of \r\nnot less than one week in at least one newspaper in English and one newspaper in \r\nthe local language, each having wide circulation in the Province. \r\n(4) Every application for admission to an examination shall be made in \r\nsuch manner and in such form as may be specified by the Provincial Council and \r\nshall be accompanied by– \r\n(a) such fee as may be prescribed by the bye-laws; \r\n(b) a certificate of good moral character from a respectable person; and \r\n                                                           \r\n31Substituted for the words, comma and figures “ Drugs Act, 1940 ” by the Federal Laws (Revision and Declaration) \r\nOrdinance,1981(XXVII of 1981),w.e.f.8.7.1981, s.3 and the second Schedule; and published in the Gazette  of Pakistan \r\n(Extraordinary), pages 345-475. \r\n32Substituted f or the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O.  No.4 of 1975), \r\nw.e.f.1.8.1975, Article 2 and the Table of General Adaptations; and published in the Gazette of Pakistan (Extraordinary), pages \r\n435-467. \r\n33Substituted for t he words “ at least at three places in a Province ” by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), \r\nw.e.f. 8.2.1973, s.11; and published in the Gazette of Pakistan (Extraordinary). \r\n(c) such other papers or particulars as may be required by the Provincial \r\nCouncil. \r\n30. Qualifications for admission to an examination .– An applicant for \r\nadmission to an examination under section 29,– \r\n(a) shall not be below seventeen years of age on the  date fixed for the \r\nexamination; \r\n(b) must have passed the matriculation examination or an equivalent \r\nHigher Secondary or Senior Cambridge examination with general \r\nscience as one of the subjects \r\n34\r\n[***]; and \r\n(c) must have been registered as an apprentice in pharmacy for a period \r\nof not less than two years before the date fixed for the examination: \r\nProvided that clause (c ) shall not apply during any period during which \r\nregistration of apprentices in pharmacy remains discontinued under the proviso to \r\nsub-section (1) of section 24 and the period of two years thereafter \r\n35\r\n[:] \r\n36\r\n[Provided further that, notwithstanding any thing contained in this Act, it shall \r\nnot be necessary for any apprentice in pharmacy to attend any regular classes or to \r\ncomplete any number of da ys or lectures at any institution, for the purpose of being \r\nqualified to be admitted to an examination under section 29.]  \r\n31. Prohibition of practice without registration .– (1) Subject to the provisions \r\nof sub -section (4), no person shall, after the expir y of five years from the \r\ncommencement of this Act or such later date as the \r\n37\r\n[Federal Government] may, by \r\nnotification in the official Gazette, specify in this behalf, practice as a pharmacist \r\nunless he is a registered pharmacist and displays his certifica te of registration in a \r\nconspicuous place within the premises in which he so practises. \r\n(2) Whoever employs any pharmacist for the purpose of any business in \r\npharmacy shall cause the certificate of registration of the pharmacist so employed to \r\nbe displayed in a conspicuous place within the premises in which such business is \r\ncarried on. \r\n38\r\n[(3) Whoever contravenes the provisions of subsection (1) or subsection (2) \r\nshall be punishable  with imprisonment of either description for a term which may \r\nextend to six months, or with fine which may extend to one thousand rupees, or with \r\nboth.] \r\n(4) Nothing in sub-section (1) shall apply to– \r\n                                                           \r\n34Omitted the comma and words “, or a qualifying examination in the Engl ish language and in general science held by the \r\nProvincial Council” by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 8.2.1973, s.12; and published in the Gazette \r\nof Pakistan (Extraordinary). \r\n35Substituted for the “full-stop” by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 8.2.1973, s.12; and published in \r\nthe Gazette of Pakistan (Extraordinary). \r\n36Added by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 8.2.1973, s.12; and published in the Gazette of \r\nPakistan (Extraordinary). \r\n37Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O.  No.4 of 1975), \r\nw.e.f.1.8.1975, Article 2 and the Table of General Adaptations; and published in the Gazette of Pakistan (Extraordinary), pages \r\n435-467. \r\n38Substituted by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 8.2.1973, s.13; and published in the Gazette of \r\nPakistan (Extraordinary). \r\n(a) a registered medical practitioner as defined in the \r\n39\r\n[Medical and Dental \r\nCouncil Ordinance, 1962], or a person authorized to prescribe antibiotic \r\nand dangerous drugs under the Allopathic System (Prevention of \r\nMisuse) Ordinance, 1962 (LXV of 1962) , who dispenses medicine to \r\nhis own patients or serves his own prescriptions; \r\n(b) a person who deals in non -poisonous household remedies in original \r\nand unopened container at any store or place or prepares non -\r\npoisonous household remedies in accordance with the rules made \r\nunder the \r\n40\r\n[Drugs Act,1976 (XXXI of 1976)]; \r\n(c) a person who manufactures, sells or distributes drugs and medicines \r\nwhich f all exclusively under the unani, ayurvedic, biochemic or \r\nhomeopathic system of medicine; \r\n(d) a person engaged as a health or veterinary technician in a Government \r\nhospital or institution; \r\n41\r\n[* * * * * *] \r\n(e) a foreign pharmacist who is engaged, with the app roval of the Central \r\nCouncil, for the purposes of consultation, advice or instruction \r\n42\r\n[; and] \r\n43\r\n[(f) an apprentice in pharmacy, during the period of four years from the \r\ncommencement of the pharmacy (Amendment ) Act, 1973, or during \r\nsuch further period as th e Federal Government may, by notification in \r\nthe official Gazette, specify in this behalf.]  \r\n32. Cognizance of offences, etc .– No court shall take cognizance of an offence \r\nunder this Act except upon a complaint in writing made by an Inspecto r appointed \r\nunder the \r\n44\r\n[Drugs Act,1976 (XXXI of 1976)], or an officer specially empowered in this \r\nbehalf by the Provincial Government. \r\n33. Indemnity.– No suit, prosecution or other legal proceeding shall lie against \r\nany person for anything which is in good faith done or intended to be done under this \r\nAct. \r\n34. Power to make bye- laws.– (1) A Council may with the previous approval, in \r\nthe case of the Central Council , of the Federal Government, and in the case of a \r\nProvincial Council of the Provincial Government, make bye -laws for carrying cut the \r\npurposes of this Act. \r\n                                                           \r\n39Substituted for the words, comma and figure “ Medical Council Ordinance, 1962 ” by the Federal Laws (Revision an d \r\nDeclaration) Ordinance,1981(XXVII of 1981),w.e.f.8.7.1981, s.3 and the second Schedule; and published in the Gazette  of \r\nPakistan (Extraordinary), pages 345-475. \r\n40Substituted for the words, comma and figure “ Drugs Act, 1940 ” by the Federal Laws (Revision and Declaration) \r\nOrdinance,1981(XXVII of 1981),w.e.f.8.7.1981, s.3 and the second Schedule; and published in the Gazette  of Pakistan \r\n(Extraordinary), pages 345-475. \r\n41Omitted the word “and” by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 8.2.19 73, s.13; and published in the \r\nGazette of Pakistan (Extraordinary). \r\n42Substituted for the “full-stop” by the Pharmacy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 8.2.1973, s.13; and published in \r\nthe Gazette of Pakistan (Extraordinary). \r\n43Added by the Pharma cy (Amendment) Act, 1973 (XXII of 1973), w.e.f. 8.2.1973, s.13; and published in the Gazet te of \r\nPakistan (Extraordinary). \r\n44Substituted for the words, comma and  figure “Drugs Act, 1940 ” by the Federal Laws (Revision and Declaration) \r\nOrdinance,1981(XXVII of 1981),w.e.f.8.7.1981, s.3 and the second Schedule; and published in the Gazette  of Pakistan \r\n(Extraordinary), pages 345-475. \r\n(2) In particular and without prejudice to the generality of the foregoing \r\npower, such bye-laws may provide for all or any of the following matters, namely:– \r\n(a) the procedure for the meetings of the Council and of its committees; \r\n(b) the management of the property of the Council; \r\n(c) maintenance and audit of the accounts of the Council ; \r\n(d) the procedure for election of the Vice-President; \r\n(e) the powers and duties of the President, Vice -President a nd other \r\nmembers of the Council; \r\n(f) the terms and conditions of service of the Secretary and other officers \r\nand staff of the Council; \r\n(g) fees to be prescribed under this Act; and \r\n(h) such other matters as are required by this Act to be provided for by \r\nbye-laws or a re considered necessary for the efficient performance of \r\nthe functions of the Council. \r\n(3) Until such time as the bye -laws are made, the President of the Council \r\nmay issue such instructions as he may consider necessary to regulate all or any of \r\nthe matters  specified in sub -section (2 ); and any such instructions shall stand \r\nrescinded upon the making of bye-laws by the Council.",
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