19. |
Except where a Joint State Council is constituted in accordance with an
agreement made under section 20, the State Government shall constitute a State
Council consisting of the following members, namely: - |
|
(a) |
six members, elected from amongst themselves by registered pharmacists of the
State; |
(b) |
five members, of whom at least 1 [three] shall be persons possessing a
prescribed degree or diploma in pharmacy or pharmaceutical chemistry or 2
[registered pharmacists], nominated by the State Government; |
(c) |
one member elected from amongst themselves by the members of each Medical
Council or the Council of Medical Registration of the State, as the case may be; |
(d) |
the chief administrative medical officer of the State
ex-officio or if he is unable to attend any meeting, a person authorized by him
in writing to do so;
23 of 1940
|
|
(dd) |
3 [the officer-in-charge of' drugs control organization of
the State under the 4 [Drugs and Cosmetics Act, 1940]; ex officio or if he is
unable to attend any meeting, a person authorized by him in writing to do so;] |
(e) (e) |
the Government Analyst under the 4 [Drugs and Cosmetics Act, 1940], ex officio,
or where there is more than one, such one as the State Government may appoint in
this behalf: |
|
Provided that where an agreement is made under clause (b) of sub-section (1) of
section 20, the agreement may provide that the State Council to serve the needs
of the other participating States also shall be augmented by not more than two
members of whom at least one shall at all times be a person possessing a
prescribed degree or diploma in pharmacy or pharmaceutical chemistry or a 5
[registered pharmacist], nominated by the Government of each of the said other
participating States, and where the agreement so provides, the composition of
the State Council shall be deemed to be augmented accordingly. |
Inter-State agreements.
|
20. |
(1) |
Two or more State Governments may enter into an agreement to be in Force for
such period and to be subject to renewal for such further periods, if any as may
be specified in the agreement, to provide- |
(a) |
for the constitution of a Joint State Council for all the participating States,
or |
(b) |
that the State Council of one State shall serve the needs of the other
participating States. |
(2) |
In addition to such matters as are in this Act specified, an agreement under
this section may- |
(a) |
provide for the apportionment between the participating States of the
expenditure in connection with the State Council or Joint State Council; |
(b) |
determine which of the participating State Governments shall exercise the
several functions of the State Government under this Act, and the references in
this Act to the State Government shall be construed accordingly; |
(c) |
provide for consultation between the participating State Governments either
generally or with reference to particular matters arising under this Act; |
(d) |
make such incidental and ancillary provisions, not
inconsistent with this Act, as may be deemed necessary or expedient for giving
effect to the agreement.
1 Subs. by Act 70 of 1976, s. 13, for "two" (w.e.f. 1-9-1976).
2 Subs. ibid., for "members of the pharmaceutical profession" (w.e.f. 1-9-1976).
3 Ins. by Act 24 of 1959, s. 7 (w.e.f. 1-5-1960).
4 Subs by Act 70 of 1976. s. 13. for "Drugs Act. 1940" (w.e.f. 1-9-1976).
5 Subs. By s. 13, ibid., for "member of the pharmaceutical profession"
(w.e.f. 1-9-1976).
|
(3) |
An agreement under this section shall be published in the' Official Gazettes of
the participating States. |
Composition of Joint State Councils
|
21. |
(1) |
A Joint State Council shall consist of the following members, namely: |
|
(a) |
such number of members, being not less than three and not more than five as the
agreement shall provide elected from amongst themselves by the registered
pharmacists of each of the participating States. |
(b) |
such number of members, being not less than two and not more than four as the
agreement shall provide, nominated by each participating State Government; |
(c) |
one member elected from amongst themselves by the members of each Medical
Council or the Council of Medical Registration of each participating State, as
the case may be; |
(d) |
the chief administrative medical officer of each participating State ex officio,
or if he is unable to attend any meeting, a person authorized by him in writing
to do so; |
|
1 [(dd) |
the officer-in charge of drugs control organization of each participating State
under the 2 [Drugs and Cosmetics Act, 1940], ex officio, or if he is unable to
attend any meeting, a person authorized by him in writing to do so; |
(e) |
the Government Analyst under the 2 [Drugs and Cosmetics Act,1940], of each
participating State, ex officio, or where there is more than one in any such
State, such one as the State Government may appoint in this behalf. |
(2) |
The agreement may provide that within the limits specified in clauses (a) and
(b) of sub-section (1), the number of members to be elected or nominated under
those clauses may or may not be the same in respect of each participating State. |
(3) |
Of the members nominated by each state Government under clause (b) of sub
section(1), 3 [more than half] shall be persons possessing prescribed degree or
diploma in pharmacy or pharmaceutical chemistry or 4 [registered pharmacists]. |
Incorporation of State Councils
|
22. |
Every State Council shall be a body Corporate by such name as may be notified by
the State Government in the Official Gazette or, in the case of a Joint State
Council, as may be determined in the agreement, having perpetual succession and
a common seal, with power to acquire or hold property both movable and immovable
and shall by the said name sue and be sued. |
President and Vice-President of State Council
|
23. |
(1) |
The President and Vice President of the State Council shall be elected by the
members from amongst themselves:
Provided that for five years from the first constitution of the State Council
the President shall be a person nomin ated by the State Government who shall
hold office at the pleasure of the State Government and where he is not already
a member, shall be a member of the State Council in addition to the members
referred to in section 19 or section 21, as the case may be. |
(2) |
5 [The President] or Vice-President shall hold office as
such for a term not exceeding five years and not extending beyond the expiry of
his term as a member of' the State Council, but subject to his being a member of
the State Council, he shall be eligible for re-election:
1 Ins. by Act 24 of 1959, s. 8 (w.e.f. 1-5-1960).
2 Subs. by Act 70 of 1976, s. 14, fo.r "Drugs Act, 1940" (w.e~f. l-9-1976~).
3 Subs, by s. 14, ibid, for "at least half"' (w.e.f. 1-9-1976).
4 Subs. by s. 14, ibid. ,for "members of the pharmaceutical profession" (w.e.f.
1-9-1976).
5 Subs. by s. 15, ibid., for "An elected President" (w.e.f. 1-9-1976).
|
|
1 [Provided that if his term of office as a member of the State Council expires
before the expiry of the full term for which he is elected as President or
Vice-President, he shall, if he is re-elected or re-nominated as a member of the
State Council, continue to hold office for the full term for which he is elected
as President or Vice-President. |
Mode Of elections
|
24. |
Elections under this Chapter shall be conducted in the prescribed, manner, and
where any dispute arises regarding any such election, it shall be referred to
the State Government whose decision shall be final. |
Term of office and casual vacancies
|
25. |
(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 such member 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 State Council from three
consecutive meetings of the State Council, or if he is elected under clause (a)
or (c) of section 19 or 21, if he ceases to be a registered pharmacist or ceases
to be a member of the Medical Council or Council of Medical Registration of the
State, as the case may be. |
(4) |
A casual vacancy in the State 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 State Council shall be called in question on the ground
merely of the existence of any vacancy in, or any defect in the constitution of
the State Council. |
(6) |
Members of the State Council shall be eligible for re-nomination or re-election. |
Staff, remuneration allowances
|
26. |
The State Council may, with the previous sanction of the State Government,- |
(a) |
appoint a Registrar who shall also act as Secretary and, if so decided by the
State Council, Treasurer, of the State Council; |
(b) |
appoint such other officers and servants as may be required to enable the State
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 State Council; |
(d) |
fix the-rates of allowances payable to members of the State Council: |
|
Provided that for the first four years from the first constitution of the State
Council, the Registrar shall be a person appointed by the State Government, who
shall hold office during the pleasure of the State Government. |
26.A |
2 [(1) |
A State Council may, with the previous sanction of the State Government, appoint
Inspectors having the prescribed qualifications for the purposes of Chapters
III, IV and V of this Act. |
(2) |
An Inspector may- |
|
(a) |
inspect any premises where drugs are compounded or dispensed and submit a
written report to the Registrar; |
(b) |
enquire whether a person who is engaged in compounding or
dispensing of drugs is a registered pharmacist;
1 Added by Act 70 of 1976, s. 15 (w.e.f. 1-9-1976).
2 lns. by s, 16, ibd. (w.e.f. 1-9-1.976).
|
(c) |
investigate any complaint made in writing in respect of any contravention of
this Act and report to the Registrar; |
(d) |
institute prosecution under the order of the Executive Committee of the State
Council; |
(e) |
exercise such other powers as may be necessary for carrying out the purposes of
Chapters IlI, IV and V of this Act or any rules made there under. |
(3) |
Any person willfully obstructing an Inspector in the exercise of the powers
conferred on him by or under this Act or any rules made there under shall be
punishable with imprisonment for a term which, may extend to six months, or with
fine not exceeding one thousand rupees, or with both. |
(4) |
Every Inspector shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code.] |
The Executive Committee
|
27. |
(1) |
The State Council shall, as soon as may be, constitute an Executive Committee
consisting of the President (who shall be Chairman of the Executive Committee)
and Vice - President, ex officio, and such number of other members elected by
the State Council from amongst themselves as may be prescribed. |
(2) |
A member of the Executive Committee shall hold office as such until the expiry
of his term of office as member of the State Council, but, subject to his being
a member of the State Council, he shall be eligible for re-election. |
(3) |
In addition to the powers and duties conferred and imposed upon it by this Act,
the Executive Committee shall exercise and discharge such powers anti duties as
may be prescribed. |
Information to be furnished
|
28. |
(1) |
The State Council shall furnish such reports, copies of its minutes and of the
minutes of the Executive Committee, and abstracts if its accounts to the State
Government as the State Government may from time to time require and copies
thereof shall be sent to the Central Council, |
(2) |
The State Government may publish, in such manner as it may think fit, any
report, copy, abstract or other information furnished to it under this section. |
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