ACT No. XI OF 1967
[20th June, 1967]
An Act to establish Pharmacy Councils to regulate the Practice of pharmacy. WHEREAS it is expedient to establish Pharmacy Councils to regulate the practice of pharmacy and to provide for matters connected therewith and incidental thereto; AND WHEREAS the national interest of Pakistan in relation to the achievement of uniformity within the meaning of clause (2) of Article 131 of the Constitution requires Central legislation in the matter; It is hereby enacted as follows:
29. Examination for registration as Pharmacists. 30. Qualifications for admission to an examination. 31. Prohibition of practice without registration. 32. Cognizance of offences, etc. 33. Indemnity. 34. Power to make byelaws.
It extends to the whole of Pakistan.
It shall come into force at once.
For Statements of Objects and Reasons, see Gaz. of P., 1966, Ext, (Dacca), p.175. [ Medical and Dental Council Ordinance, 1962 (XXXI of 1962)]; (f ) “Pharmacist” means a person who is registered under section 24 in Register A or Register B;
[Federal Government] shall, by notification in the official Gazette, establish a Central Pharmacy Council to be known by the name of the Pharmacy Council of Pakistan ; and
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for “Medical Council Ordinance, 1962”. Subs. by the Pharmacy (Amdt.) Act, 1973 (22 of 1973), s. 2, for cls.(e), (f) and (g). Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. Subs. by Act, 22 of 1973, s. 3, for cl. (b).
[Federal Government] appoints any other officer to be the President, also be the President of the Council ;
The [Federal Government] may, by notification in the official Gazette, increase or decrease the number of persons to be nominated by it under clause (c) of subsection (1). * * * : Provided that the decrease in the number of members shall not affect the continuance in office of, and the performance of functions by, any member until the expiry of his term.
Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. Subs. by the Pharmacy (Amdt.) Act, 1973 (22 of 1973) s. 4, for cls. (c) (d) and (e). The certain words omitted ibid., Subs. ibid., s.5, for cl. (a).
The Provincial Government may, by notification in the official Gazette, increase or decrease the number of persons to be nominated by it under clause (c) of subsection (1): Provided that the decrease in the number of members shall not affect the continuance in office of, and the performance of functions by, any member until the expiry of his term. * * * * * * *
[Federal Government] or, as the case may be, the Provincial Government shall publish in the official Gazette the names or the official titles of the members of the Council.
Provided that notwithstanding the expiry of his term a member shall continue to function until his successor assumes office.
Where the [Federal Government] or, as the case may be, the Provincial Government, upon the recommendation of a majority of the members of the Council is satisfied that a member of the Council is negligent in the discharge of his duties or is guilty of any unprofessional or dishonorable conduct or is otherwise not competent to perform the functions of a member, it may, by notification in the official Gazette, remove such member ; and upon the publication of such notification the seat of the member shall become vacant.
Subs. by the Pharmacy (Amdt.) Act, 1973 (22 of 1973), s. 5, for cls. (c) and (d). Subs. ibid., s. 6, for section 6. Proviso omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Sch., II. Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
Provided that a VicePresident shall, notwithstanding the expiry of his term, continue to function until his successor is elected.
The VicePresident shall perform such functions as may be entrusted to him by the Council and, in the absence of the President, also the functions of the President.
A committee constituted under subsection (1) may coopt as its member any person whose assistance or advice it may consider necessary for the efficient performance of its functions.
Provided that until such byelaws are made, the President of the Council may, by notice addressed to each member, summon and conduct meeting at such time and place and in such manner as he may deem expedient.
The President and in his absence, the VicePresident shall preside at every meeting of the [Council] and, in the absence of both the President and the VicePresident, the members present shall elect one amongst them to preside. [(3) The quorum for a meeting of the Council shall be onethird of the total number of members, a fraction being counted as one.]
[Federal Government] and a Provincial Council to the Provincial Government, an annual report giving an account of its proceedings together with a statement of moneys received and expenses incurred by it during that year. Subs. and shall be deemed always to have been so subs. by the Pharmacy (Amdt.) Act, 1973 ( 22 of 1973), s. 7, for “Board”. Added ibid., Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
[Federal Government] and in the case of a Provincial Council of the Provincial Government, appoint a Secretary from amongst persons eligible for registration as pharmacists [in Register A] on such terms and conditions as it may deem fit.
The Council may also appoint such officers and staff as may be necessary for the efficient performance of its functions.
[Federal Government].
The funds of a Provincial Council shall consist of the fees received by it under this Act of and such moneys as may be placed at its disposal by the Provincial Government.
Subs. by F.A.O., 1975, Art.2 and Table, for “Central Government”. Ins. by the Pharmacy (Amdt.) Act, 1973 (22 of 1973) s. 8.
The Central Council, with the previous approval of the [Federal Government] may, by notification in the official Gazette, make regulations for the purposes of subsection (1).
The Central Council, if it is satisfied after such enquiry as it may think fit that the examination for the approval of which an application has been made under subsection (1) is in conformity with this Act and the regulations, shall approve the examination and, by notification in the official Gazette, declare it to be an approved examination for the purpose of qualifying a person for registration as a pharmacist under this Act.
The Central Council, if it is satisfied after such enquiry as it may think fit that the course of study for the approval of which an application has been made under subsection (1) is in conformity with this Act and the regulations, shall submit the application together with its recommendation to the [Federal Government] and shall, upon the approval of the course of study by the [Federal Government], declare it, by notification in the official Gazette, to be an approved course of study for the purpose of admission to an approved examination.
Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”.
An Inspector appointed under subsection (1) may, if he is so authorised in writing by the President of the Council,—
An Inspector who attends any examination shall not interfere with the conduct thereof but shall submit to the Central Council a report on the sufficiency or otherwise of such examination and on any other matter in regard to which the Central Council may require him to report.
The institution or authority to whom a notice has been given under subsection (1) shall, within sixty days from the receipt of such notice, comply with the notice and may also make such representation to the Central Council, through the Provincial Government, as it may wish to make.
The Central Council, after considering the explanation given and any representation made under subsection (2) and any observations on the representation which the Provincial Government may think fit to make, may, by notification in the official Gazette, declare that its approval of the course of study or examination conducted or held by the institution or authority concerned shall stand withdrawn with effect from such date as may be specified therein ; and every such declaration shall state that the course of study or examination conducted or held by such institution or authority shall be deemed to be approved only when completed or passed, as the case may be, before the date so specified.
Provided that the Provincial Council may, with the previous approval of the Provincial Government, discontinue the registration of apprentices in pharmacy and may, with like approval re open such registration after it has been discontinued and shall, upon such discontinuance or re opening, publish in the official Gazette a notice thereof specifying the date of such discontinuance or reopening.
Every Register prepared and maintained under subsection (1) shall include the following particulars relating to a person registered, namely :— Subs. by the Pharmacy (Amdt.) Act, 1973 (22 of 1973), s.9, for cls. (a) and (b).
The following persons shall, subject to the provision of subsection (3), be qualified for registration as pharmacists under this Act, namely :— 1 2 * * * * * * * [(1A) Subject to the provisions of subsection (3), during the period of one year from the commencement of the Pharmacy (Amendments) Act, 1973, a person who was, on the 19 th day of June, 1972, to be deemed to be qualifed for registration as a pharmacist shall be deemed to be so qualified]. [(2) The following persons shall, subject to the provisions of subsection (3), be qualified to be registered as an apprentice in pharmacy, namely: [Drugs Act, 1976 ( XXX of 1976 )] if not otherwise eligible for registration;
No person shall be qualified for registration as a pharmacist or as an apprentice in pharmacy Subs. by the Pharmacy (Amdt.) Act, 1973 (22 of 1973), s. 10, for the colon. Proviso omitted ibid. Ins.ibid., Subs. ibid., for subsection(2). Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch.II for “Drugs Act, 1940”.
An application for registration shall contain such particulars and be made in such form as may be specified by the Provincial Council and shall be accompanied by such fee as may be prescribed by the byelaws.
The Provincial Council shall examine every application received by it and, if it is satisfied that the applicant is qualified for registration under section 25, direct the entry of the name of the applicant in the appropriate Register.
The Provincial Council shall, if it rejects the application of any person, inform the applicant in writing of such rejection within ninety days from the date of receipt of the application and the applicant may within sixty days of the receipt of the information appeal against such rejection to the Provincial Government whose decision thereon shall be final.
Failure to inform the applicant of the rejection within the period specified in subsection (4) shall be treated as acceptance of the application for registration.
A certificate of registration issued under subsection (1) shall bear a number and the official seal of the Council and be signed by its President and the Secretary and shall contain the following, namely :—
A copy of the certificate with all the particulars specified in subsection (2) shall be kept in the official records of the Council.
A person to whom a certificate of registration has been issued may, if the original is lost, defaced or mutilated or for any other reason, obtain a duplicate thereof on payment of the same fee as was paid for the original.
XII of 1919 ), the Dangerous Drugs Act, 1930 (II of 1930), the [Drugs Act, 1976 ( XXXI of 1976 )] or this Act or of the rules made under any of those Acts; or [Federal Government] or the Provincial Government may, from time to time, issue ; or
Where any certificate of registration is revoked under subsection (1), the name of the person whose certificate has been so revoked shall, after he has been given a notice in writing of such revocation, be struck off the register in which his name was entered and his registration shall thereupon stand cancelled.
The Provincial Council may, of its own motion, and shall, upon an application made in this behalf within thirty days of the receipt of the notice under subsection (2) by the person concerned, review its decision to revoke a certificate of registration ; and the decision of the Council upon such review shall be final.
An examination under subsection (1) shall be held [at such place in a Province as the Provincial Council may decide].
Notice of an examination shall be published for a continuous period of not less than one week in at least one newspaper in English and one newspaper in the local language, each having wide circulation in the Province.
Every application for admission to an examination shall be made in such manner and in such form as may be specified by the Provincial Council and shall be accompanied by Subs. by the Federal Laws (Revision and Declaration) Ordinance, (27 of 1981), s. 3 and Sch., II, for “Drugs Act, 1940”. Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. Subs. by the Pharmacy (Amdt.) Act, 1973 (22 of 1973), s. 11, for “at least at three places in a Province”.
* * ; and Provided that clause (c) shall not apply during any period during which registration of apprentices in pharmacy remains discontinued under the proviso to subsection (1) of section 24 and the period of two years thereafter [:] [Provided further that, notwithstanding anything contained in this Act, it shall not be necessary for any apprentice in pharmacy to attend any regular classes or to complete any number of days or lectures at any institution, for the purpose of being qualified to be admitted to an examination under section 29.]
[Federal Government] may, by notification in the official Gazette, specify in this behalf, practice as a pharmacist unless he is a registered pharmacist and displays his certificate of registration in a conspicuous place within the premises in which he so practices.
Whoever employs any pharmacist for the purpose of any business in pharmacy shall cause the certificate of registration of the pharmacist so employed to be displayed in a conspicuous place within the premises in which such business is carried on. [(3) Whoever contravenes the provisions of subsection (1) or subsection (2) shall be punishable with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.] The certain words omitted by the Pharmacy (Amdt.) Act, 1973 (22 of 1973) s. 12. Subs. ibid., s. 12, for fullstop. Proviso added ibid. Subs. by F.A.O., 1975, Art. 2 and Table for “Central Government”. Subs. by Act 22 of 1973. s. 13 for subsection (3).
Nothing in subsection (1) shall apply to [Medical and Dental Council Ordinance, 1962 (XXXII of 1962)] or a person authorized to prescribe antibiotic and dangerous drugs under the Allopathic System (Prevention of Misuse) Ordinance, 1962, who dispenses medicine to his own patients or serves his own prescriptions ; [Drugs Act, 1976 (XXXI of 1976)]; [*] [; and] [(f) an apprentice in pharmacy, during the period of four years from the commencement of the Pharmacy (Amendment) Act, 1973, or during such further period as the Federal Government may, by notification in the official Gazette, specify in this behalf.]
[Drugs Act, 1976 ( XXXI of 1976 )], or an officer specially empowered in this behalf by the Provincial Government.
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for “Medical Council Ordinance 1962”. Subs. ibid., for “Drugs Act, 1940 (31 of 1940)”. The word “and” omitted by the Pharmacy (Amdt.) Act 1973, (22 of 1973) s.13. Subs. ibid, for full stop. New cl. (f) added ibid.
[Federal Government], and in the case of a Provincial Council of the Provincial Governments, make byelaws for carrying out the purposes of this Act.
In particular and without prejudice to the generality of the foregoing power, such byelaws may provide for all or any of the following matters, namely :
Until such time as the byelaws are made, the President of the Council may issue such instructions as he may consider necessary to regulate all or any of the matters specified in subsection
; and any such instructions shall stand rescinded upon the making of byelaws by the Council. Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.