Scrutiny of Applications for Registration

Scrutiny of application: 

Scrutiny of application for registration of Pharmacist in state register is done as follows-Applications for registration, accompanied by the prescribed fee, should be submitted to the Registrar of the State Pharmacy Council after the designated date. If the Registrar determines that the applicant possesses the necessary qualifications for registration, they may direct the inclusion of the applicant's name in the register. Individuals whose names have been removed from a state's register are not eligible to have their names reinstated without the approval of the State Council, granted during a meeting. If the Registrar rejects an application for registration, the applicant has the right to appeal to the State Council within three months from the date of rejection. The decision of the State Council in this regard is final. Upon the inclusion of a name in the register, the Registrar issues a certificate of registration in the prescribed form.

Renewal Fees:

To retain a name in the register after the 31st of December of the year following the year of initial registration, the prescribed fee must be paid annually before the 1st of April. If the renewal fee is not paid by the due date, the Registrar will remove the name of the defaulter from the register. However, the removed name may be reinstated in the register under the prescribed conditions after fulfilling the necessary requirements. Upon payment of the renewal fee, the Registrar issues a receipt, which serves as proof of registration renewal. Any additional qualifications obtained by a registered pharmacist shall be recorded in the register upon payment of the prescribed fee.

 Removal of Names from the Register:

The Executive Committee, after allowing the individual in question to explain their conduct and conducting a thorough inquiry, may order the removal of a registered pharmacist's name under the following conditions:

1. If the inclusion of the name in the register was due to an error or resulted from misrepresentation or the suppression of material facts.
2. If the registered pharmacist has been convicted of an offense or has engaged in infamous conduct in a professional capacity, making them unfit to remain in the register.
3. If a person employed by the registered pharmacist in connection with any pharmacy-related business has been convicted of an offense or engaged in infamous conduct and is also a registered pharmacist, their name may be removed from the register. Such an order is only made if the Executive Committee is satisfied that:

   (a) The offense or infamous conduct was instigated or planned by the registered pharmacist.

   (b) The registered pharmacist had committed a similar offense or was guilty of infamous conduct at any time during the twelve months preceding the date of the offense or infamous conduct.

   (c) Any person employed by the registered pharmacist in connection with any pharmacy-related business was guilty of a similar offense during the preceding twelve months, and the registered pharmacist was aware of this previous offense or infamous conduct.

   (d) The offense or infamous conduct persisted over an extended period, and the registered pharmacist had, or reasonably should have had, knowledge of its continuation.

   (e) The offense is a violation of the Drugs and Cosmetics Act, and the registered pharmacist failed to ensure compliance with the provisions of this Act at their place of business by individuals under their control.

 The removal of names from the register may be either permanent or for a specified period of time. The Executive Committee's order to remove a name from the register must be confirmed by the State Pharmacy Council and takes effect three months after the date of such confirmation. This period is likely provided to allow the person to seek alternative means of livelihood. An individual aggrieved by the order to remove their name may appeal to the State Government within thirty days from the date of receiving the order, and the decision of the State Government is final. A person whose name has been removed from the register is required to surrender their certificate of registration to the Registrar of the relevant Pharmacy Council, and the removed name shall be published in the Official Gazette.

 Restoration of Names to the Register:

The State Council may, at any time and for sufficient reasons, order the restoration of the name of a person removed from the register upon payment of the prescribed fee. If an appeal against the removal was made and rejected by the State Government, the name cannot be restored unless confirmed by the State Government.

 Issuance of Duplicate Certificates of Registration:

If it is demonstrated to the satisfaction of the Registrar that a certificate of registration has been lost or destroyed, the Registrar may issue a duplicate certificate in the prescribed form upon payment of the prescribed fee.

 Offenses and Penalties:

1. Falsely Claiming to be a Registered Pharmacist: Any person who falsely claims to be a Registered Pharmacist or uses any words or letters in connection with their name to suggest their entry in the register, when their name is not so registered, is punishable with a fine of up to five hundred rupees on the first conviction and with imprisonment of up to six months or a fine of up to one thousand rupees or both on any subsequent conviction. The use of descriptions such as Pharmacist, Chemist, Druggist, Pharmaceutist, Dispenser, Dispensing Chemist, or any combination of such words by a person indicates that their name is entered in a state's register. A person who is a registered pharmacist in another state and who, at the time of claiming registration in the state, has filed an application for registration, shall not be deemed guilty of the offense.
2. Dispensing by Unregistered Persons: Persons other than registered pharmacists, dispensing any medicine for patients, are liable for punishment with imprisonment of up to six months or a fine of up to one thousand rupees or both.
3. Failure to Surrender Certificate of Registration: This offense is also punishable with a fine of up to fifty rupees.