State Pharmacy Council, Its Constitution and Composition and Functions

State Pharmacy Council:

State Pharmacy Council is constituted as per the Pharmacy Act, 1948 & State Pharmacy Rules, 1951. State Pharmacy Council is an authoritative council to regulate Pharmacy Act, 1948 & State Pharmacy Rules, 1951.

What is state pharmacy council?

State Pharmacy Council means a State Council of Pharmacy constituted under section 19, and includes a Joint State Council of Pharmacy constituted in accordance with an agreement under section 20 under the Pharmacy Act, 1948 & State Pharmacy Rules, 1951.

State Pharmacy Council constituted and work under Pharmacy council of India.

Composition of State Pharmacy Council:

The State Pharmacy Council consists of the following:

i) Six members, elected from amongst themselves by registered pharmacists of the State;
ii) Five members, of whom at least three shall be persons possessing a prescribed degree or diploma in pharmacy or pharmaceutical chemistry or registered pharmacists nominated by the State Government;
iii) 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:
iv) 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;
v) The officer-in-charge of drugs control organization of the State under the Drugs and Cosmetics Act, 1940 (23 of 1940), ex officio or if he is unable to attend any meeting, a person authorized by him in writing to do so;
vi) the Government Analyst under the Drugs and Cosmetics Act, 1940 (23 of 1940), ex officio, or where there is more than one, such one as the State Government may appoint in this behalf.

What is Joint State Pharmacy Council:

Joint state pharmacy council are constituted for if two or more State Governments can agree to constitute a Joint State Council for all the participating States or can agree that the State Council of one State is to serve the needs of the participating States.

Inter-State agreements:

(1) Two or more State Government 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.

(3) An agreement under this section shall be published in the Official Gazettes of the participating States.

Composition of Joint State Councils:

(1) A Joint State Council shall consist of the following members, namely:

(i) 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;
(ii) 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;
(iii) 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;
(iv) 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:
(v) The officer-in-charge of drugs control organization of each participating State under the 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;
(vi) the Government Analyst under the Drugs and Cosmetics Act, 1940 (23 of1940), 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), more than shall be persons possessing a prescribed degree or diploma in pharmacy or pharmaceutical chemistry or registered pharmacists.

Incorporation of State Pharmacy Councils:

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 Pharmacy Council:

(1) The President and Vice-President of the State Council 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 nominated 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) 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:
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.

Functions of the State Pharmacy Council:

1. Registration.
2. Renewal
3. Prosecutions- Receiving complaints; Removals on death; Penal Removals or Erasures and caution or reprimand or teprimand or suspension etc.
4. Restorations, re-entry.
5. In- Migrations- to seek NOCs from other State Pharmacy Councils.
6. Out- Migrations- to give NOCs to other State Pharmacy Councils.
7. Goodstanding/Validity Certificates to the foreign Countries.
8. Duplicate Certificates on demand after due verification.
9. Elections to the Council to elect six of its fifteen members.
10. Regular Meetings of the Executive Committee & General body of the Council
11. Receipt & Dispatch of Dak and Disposal of Undelivered Dak.
12. Attending Public enquires both on appearance and by post.
13. Co-ordination with the State Govt.; with departments of Medical Education & Research and Health & Family Welfare.
14. Co-ordination with the Pharmacy Council of India & with other State Pharmacy Councils.
15. Co-ordination with the Professional Institutes & Regular Refresher Courses for Registered Pharmacists- promotion of professional efficiency & prestige, co-ordination within Chemists & Pharmacists for better employment ties & for their balance ration in the State.
16. Vigilance to avoid sabotage, false scandals & to ensure the genuineness of the Registration Process.
17. Court cases, litigations, legal matters.
18. Policy matters; and to constitute sub-committees to look into the specific matters.
19. Maintenance of Accounts, bills, income & expenditure & Annual audit. Self-maintenance, review & refix the fee-structure, proper distribution of work among staff members, their records of service, leaves, pays etc. Discipline Maintenance, Record Maintenance.
20. Entry of new changes- Registration of additional qualification providing certified copies of entries in the Register.
21. Maintenance of a Yearly up-to-date register on April 1st with the total numbers of registered pharmacists; numbers added during year; numbers restored; numbers erased; numbers removed by death.

Question and Answers:

Question: How many registered pharmacist in state pharmacy council committee?
Answer: Not less than nine persons, out of which six pharmacist is elected by registered pharmacists of  concern state and three are nominated by state government.

Question: Joint state pharmacy council are constituted for how many years?
Answer: joint state pharmacy council are constituted for as number of years as per agreed by participating states.

Question: State pharmacy council should have how many number of elected members?
Answer: State pharmacy council should have the following number of elected members:-
Six elected pharmacists and One elected member from medical council.

Question: How many members are nominated by state government on state pharmacy council?
Answer: Five members are nominated by state government on state pharmacy council.

Question: Difference between state pharmacy council and joint state pharmacy council.
Answer: Technically and functionally there are very little difference between state pharmacy council and joint state pharmacy council. Only difference is that state pharmacy council has only one participating state whereas joint state pharmacy council has two or more states who are agreed to constitute a joint state council.

Question: Joint state pharmacy council constituted under which section of pharmacy act?
Answer: Joint state pharmacy council constituted under section 20 of pharmacy act.

Question: Who has the power to constitute state pharmacy council?
Answer: State Government has the power to constitute state pharmacy council.

Question: Registration as pharmacist is done by the state pharmacy council under which section?
Answer: Registration as pharmacist is done by the state pharmacy council under section 29, 30, 31, 32, 33 etc of Pharmacy Act, 1948.