Constitution of Registration Tribunal of Bombay State
Constitution of Bombay State Pharmacy Council
Implementation of Education Regulations
Reorganization of Bombay State Pharmacy Council
(a) Application of Pharmacy Act, 1948 to Saurashtra & Kutch Area of Gujarat State
(b) Constitution of Gujarat State Pharmacy Council
Functioning of Gujarat State Pharmacy Council

Constitution of Registration Tribunal of Bombay State :-

In the then bilingual Bombay State, the Registration Tribunal was constituted by Bombay Govt., Health and Local Government Department Resolution No. 6127/33 dated. 29th July, 1949 under sub-section(1) of section-30 of the Act as under for the preparation of First Register of Pharmacists under the Act.

                                                                   The Pharmacy Act 1948. (VIII of 1948.)                                                                           

                                                                   -----------------------------------------------------

                                                                     Implementations of the Provisions of –

Government of Bombay
Health and Local Government Department,
Resolution No. 6127/33,
Bombay Castle, 29 th July, 1949

Letter from Government of India, Ministry of Health, No.F.6-2/48-D6, dated the 12 th July, 1948.

Letter from the Surgeon General with the Government of Bombay No. S-228/17690-B, dated the 3rd September, 1948.

Government letter, Health and Local Government Department, No. 6127/33/22789-H, dated the 3rd January, 1949.

Resolution :- In exercise of the / powers conferred by Sub-section(1) of section 30 of the Pharmacy Act, 1948 (VIII of 1948), the Government of Bombay is pleased to constitute a Registration Tribunal, consisting of the following three persons for the purpose of preparing the Register of Pharmacists under the Act :-

(1) Mr. B.V.Patel, B.Sc., B.Pharm. (Lond.), Chairman
Drug Controller for the province of
Bombay...........

(2) Mr. M.L.Khorana, B.S. Pharm., M.S.Member
(Michigan)

(3) Mr. K.G.Anantnarayanan, M.Sc., Senior Member
Biochemist Department of Pharmacology
Haffkine Institute.

The requisite notification should be published in the Bombay Government Gazette.

2. Government has in Government letter, Health and local Government Department, No. 6127/33/22789/H, dated the 3rd January, 1949, sanctioned for the Secretary of the Registration Tribunal a pay scale of Rs. 200-10-300 and the creation of two posts of clerks, each on a pay of Rs. 75-5-140-E.B.-6-200 and two posts of peons on a pay of Rs. 35-1/2-40, plus such allowances as are admissible under the rules. The Surgeon General should submit to Government for its consideration the necessary proposals in good time for further continuance of the staff and whether it is necessary revise the pay scale of the Secretary of the Registration Tribunal.

3. Government is pleased to place an amount of Rs. 2000/- at the disposal of the Registration Tribunal for initial expenditure. Any subsequent expenditure should be met by the Tribunal from the amount of the registration fees.

4. The Surgeon General should be requested to obtain from the Tribunal and submit to Government with his own remarks a set of draft rules to be made under Section 46(1) of the Act.

5. The members of the Registration Tribunal should be paid traveling allowance according to rule 1(1)(b) of section 1 of Appendix XLII-A of the Bombay Civil Services, Rules, Volume 11.

6. The Surgeon General should ask the Registration Tribunal to give publicity in local news papers to the provisions of the Pharmacy Act regarding registration of Pharmacists, dispensers etc. for the information of the public.

                                                            By order of the Governor of Bombay.
                                                                              C. G. Desai
                                                               Deputy Secretary to Government.

Under the provisions of sub-section(2) of the section 30, the Government of Bombay appointed 30/09/1951 as the last date on or before which applications for registration were to be made to the Registration Tribunal for entry on the first register. The first Register of Pharmacists was published in Bombay State Gazette in 1952. Thus as far as Gujarat Area pharmacists of the Ex-Bombay State is concerned, the eligibility date under section 30 read with section 31 was 30/09/1951. The Registration Tribunal granted registration to eligible pharmacist as qualified under section 31.   

Constitution of Bombay State Pharmacy Council:-

The Bombay State Pharmacy Council, the successor body of the Bombay State Pharmacy Registration Tribunal, was constituted by the State Government under section 19 of the Pharmacy Act 1948 and notified the same in the Official Gazette vide Resolution No. PHM-1053 dated 11th March, 1954 as under.

                                                                         Bombay State Pharmacy Council
                                                                         ---------------------------------------
                                                                         Formation of –

Government of Bombay,
Local Self Government and Public Health Department,
Resolution No. PHM-1053,
Bombay Castle, 11th March, 1954.

Letter No. PE-199/54, dated the 18th January, 1954 from the President, Bombay State Pharmacy Council.

Unofficial Memorandum No. 228/6451/B, dated the 1st February, 1954 from the Surgeon General with the Government of Bombay.

Letter No. PE-259/54, dated the 12th February, 1954 from the President, Bombay State Pharmacy Council.

RESOLUTION :- In exercise of the powers conferred by section 19 of the Pharmacy Act, 1948, the Government of Bombay is pleased to constitute the State Pharmacy Council consisting of the following members :-

Elected under clause (a) of the said Section.
1) Shri Ramanlal Ambalal Patel.
2) Shri Chandulal Premchand Shah.
3) Shri Manohar Pundalik Rege.
4) Shri Keshav Nagesh Deodhar.
5) Shri Bhagwandas Musadilal Agarwal.
6) Dr. Homi Ruttonji Nanji.

Under clause (b) of the said section.
1) Shri K. C. Chatterjee.
B.Sc., B.Sc. (Pharm)Ph.D., D.B.A., D.P.
Chief Analyst,
Boots Pure Drug Co. (India) Ltd.,
Sion, Bombay – 22.

2) Shri M. L. Khorana.
B.Sc., B.Sc. (Pharm)., M.S.(Nich),
Sir Dorabji Tata Reader in Pharmaceutical
Chemistry,
Department of Chemical Technology,
Matunga, Bombay – 19.

3) Dr. R. P. Patel.
M.Sc., Ph.D. (Lond.)
Principal., L. M. College of Pharmacy,
Ahmedabad – 9.

4) Shri N. R. Sharma.
312, Lamington Road,
Bombay – 7.

5) Shri P. U. Upadhyaya.
9, Princess Street,
Bombay – 2.
Under clause (d) of the said Section
Dr. B. B. Dikshit
M.B., M.R.C.P., Ph.D., F.R.S., F.N.I.,
Surgeon General with the Government of Bombay, ex officio.

Implementation of Education Regulations:-

The Education Regulations framed by the Pharmacy Council of India under section 10 were published in the Government of India Notification dated 11th July, 1953 and in view of the proviso to section 11, the said Education Regulations automatically became applicable on expiry of three years from the date of constitution of Bombay State Pharmacy Council i.e. three years from 11th March, 1954 as informed by Maharashtra State Pharmacy Council letter vide letter No. P-21/7634/66 dtd. 10 th June, 1966 as under:-

                     MAHARASHTRA STATE PHARMACY COUNCIL

                                                                                    Soorya Mahal,
                                                                                    Military Square Lane Corner,
                                                                                    Medows Street,
                                                                                    Bombay – 1.

                                                                                     Dt. 10th June 1966.

No. P-21/7634/66

To,
The Registrar,
Gujarat State Pharmacy Council,
Ahmedabad – 16.

Dear Sir,

Reference your letter No. GSPC/10-7-66 dated 6.4.1966.

I enclose notifications regarding setting up of registration Tribunal and constitution of State Pharmacy Council.

Further I have to inform you that no notification was issued as far, as I am aware, regarding enforcement of Chapter III IV and V of the Pharmacy Act 1948. It therefore appears that clause 19 regarding validation of certain acts was purposely included in the pharmacy amendment act 1959. The above said clause 19 is reproduced below for your information.

19. Chapters III, IV and V of the principal Act shall be deemed to have taken effect in the territories which immediately before the commencement of the constitution were either comprised in the Province of Bombay or being administered as if they formed part of that Province, on the earliest date on which any act, proceeding or thing was done or taken in the said territories by the Government or by any officer of Government or by any other authority in the belief or purported belief that the said Chapters had taken effect in the said territories and that such act, proceeding or thing was being done or taken under the said Chapters and all acts, proceedings and things of the nature referred to above, done or taken in the said territories between the said date and the commencement of this section by the Government or by any office of Government or by any other authority shall for all purposes be deemed to be, and to have always been, done or taken in accordance with law and no suit or other proceeding shall be maintained or continued against the Government or any person or authority whatsoever on the ground that any such act, proceeding or thing was not done or taken in accordance with law.

Notification regarding education regulations was not issued by the State Government and hence the same automatically came into force after 3 years from the date of constitution of the Council.

                                                                        Yours faithfully,

                                                                         Sd/-
                                                                         Registrar
                                                                         Maharashtra State Pharmacy Council.

The Bombay State Pharmacy Council granted registration to eligible pharmacists qualified under section 32(1) before implementation of Education Regulations and continued to grant registration to eligible pharmacists qualified under section 32(2) after the implementation of the said Regulations. Education Regulations provide that the minimum standard of education required for qualification as a pharmacist shall be Diploma in Pharmacy. The Education Regulations make detailed provisions for the various papers and practical training for the examination in Diploma in Pharmacy.

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Reorganization of Bombay State Pharmacy Council:-

Upon reorganization of States and bifurcation of the bilingual Bombay State, the Chapter III, IV and V of the Pharmacy Act continued to be applicable to that part of the bilingual Bombay State which was earlier part of the Multilingual Bombay State. The said chapters were not extended to the Saurashtra and Kutch Area. After bifurcation of bilingual Bombay State with effect from 1st May, 1960, the State of Gujarat constituted the Gujarat State Pharmacy Council with effect from 1st January, 1965 under the Government Notification, Health and Industries Department No. GA-164-PHAM-1060/13803-DH dated 29th December, 1964 as per the provisions of section 19-A of the Act read with Bombay State Pharmacy Council (Reorganization) Order dtd. 14th August, 1964 which was published in the Gujarat Government Extraordinary Gazette on 25th August, 1964. Under the said order, the State of Gujarat made Chapters III, IV and V of the Act applicable to Saurashtra and Kutch Areas of the State of Gujarat from 1st January, 1965 as per the Government Notification Health and Industries Department No. GA-163-PHAM-1066-13803-DH dated 29th December, 1964 as under.

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(a) Application of Pharmacy Act, 1948 to Saurashtra & Kutch Area of Gujarat State:-

Extra No. 124-3                                                     REGISTERED No. G-449

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

______________________________________________________________________

Vol.V]                        TUESDAY, DECEMBER 29, 1964/PAUSA 8, 1886

______________________________________________________________________

Separate paging is given to this part in order that it may be

Filed as a separate compilation

______________________________________________________________________

PART IV-A

Rules and Orders (other than those published in Parts I, I-A

And I-L) made by the Government of Gujarat under the

Central Acts.

HEALTH AND INDUSTRIES DEPARTMENT

Notification

Sachivalaya, Ahmedabad, 29th December 1964.

                   

THE PHARMACY ACT, 1948.

            No. GA-163/PHAM-1060/13803-Dh. – In exercise of the powers conferred by the proviso to sub-section (3) of section 1 of the Pharmacy Act, 1948 (VIII of 1948), the Government of Gujarat hereby appoints the 1st January, 1965, as the date from which Chapters III, IV and V of the said Act shall take effect in the Saurashtra Area and the Kutch Area of the State of Gujarat.

                                                                    By order and in the name of the Governor of Gujarat,

                                                                                     V. C. THAKORE,

                                                                        Deputy Secretary to Government.                               

(b) Constitution of Gujarat State Pharmacy Council:-


591-D     GUJ. GOVT. GAZ. EX., DECEMBER 29, 1964/PAUSA 8, 1886  [PART IV-A

HEALTH AND INDUSTRIES DEPARTMENT

Notification

Sachivalaya, Ahmedabad, 29th December 1964.

                   

THE PHARMACY ACT, 1948.  

            No. G.A-164-PHAM-1060/13803-Dh. – In exercise of the powers conferred by clause (b) of sub-section (2) and sub-section (4) of section 19-A of the Pharmacy Act, 1948, read with the Bombay State Pharmacy Council (Re-organisation) Order, 1964, the Government of Gujarat, hereby :-  

            (i)  constitutes with effect from the 1st day of January, 1965, a State Council which shall be called the Gujarat State Pharmacy Council consisting of the members specified in the Schedule appended hereto and  

            (ii)  nominates Shri B. V. Patel, the Director of Drugs Control Administration, Gujarat State, Ahmedabad, to be the President, and Shri K. J. Divetia, to be the Vice-President, of the said Council.

SHEDULE

MEMBERS OF THE COUNCIL

                   

(1) Shri M. M. . Dalal, Surat

 

(Nominated by the State Government  under the provison  to clause (b) of section 19-A (2) read with clause (a) of section 19).  
(2) Shri G. K. Dixit, B.Sc.,  
B. Sc. (Tech.), M. S. (Pharm.)
 
(Philadelphia), Bulsar.

 

----- do -----
(3)   Shri D. M. Patel, B. Pharm.,                       
L.L.B., Ahmedabad.

 

----- do -----
(4)  Shri A. H. Amin, M. S., 
Ph. D. (U.S.A.), Ph. D. (EDIN)
Director, Research Alembic Chemical Co. Ltd., Baroda.

 

----- do -----
(5) Shri R. P. Patel, M. Sc.,  
Ph. D. (Lond.), Ahmedabad.

 

----- do -----
(6) Shri C. P. Shah, B. A.,
Ahmedabad.

 

----- do -----
(7)  Shri K. J. Divetia, B. Sc.,  
M. S. (California), Baroda. 

 

(Nominated by the State Government  under the provison  to clause (b) of section 19-A (2) read with clause (a) of section 19).  
(8) Shri P. G. Shah, B. Sc.,                                          
B. S. Jamnagar, F-4-Bar-Donwalla P.O.Box. No. 6, Jamnagar.

 

----- do -----
(9)   Shri A. C. Shah, B. Sc.,    
B. Pharm., Surendranagar.

 

----- do -----
(10)   Shri D. V. Sheth, B. Pharm.,  
Bhavnagar.

 

----- do -----
(11) Dr. C. S. Shah, B. Sc.,  D.  
Sc.(Germany), Ahmedabad.  

 

(Nominated by the State Government  under the provison  to clause (b) of section 19-A (2) read with clause (a) of section 19).  
(12) Dr. P. R. Trivedi, L. C. P.  and S., Ahmedabad.   

 

(Nominated by the State Government  under the provison  to clause (b) of section 19-A (2) read with clause (a) of section 19).  
(13)   

The Director, Health &  Medical Services (Medical)
Government of Gujarat. 

 
(Ex-Officio under clause (b) ofsection 19-A (2) read with clause (d)  of section19).                                                                          
(14) The Director, Drug Control  Administration,
Gujarat State. 

 

(Ex-Officio under clause (b) ofsection 19-A (2) read with clause (dd)  of section19).    
(15)  The Senior Scientific Officer and Government Analyst,Drugs Laboratory, Baroda.  

 

(Ex-Officio under clause (b) ofsection 19-A (2) read with clause (c)  of section19).    

By order and in the name of the Governor of Gujarat,

V. C. THAKORE, 

Deputy Secretary to Government.

 

 

 

Functioning of Gujarat State Pharmacy Council:-

In view of bifurcation of the Bilingual State of Bombay and formation of The State of Gujarat, the Bombay State Pharmacy Council was dissolved by the Bombay State Pharmacy Council (Reorganization) order, 1964 and the Gujarat State Pharmacy Council was constituted under section 19-A which was inserted as a transitory provision in the Pharmacy Act. The Gujarat State Pharmacy Council then proceeded to prepare the register of pharmacists in the state of Gujarat including the names of pharmacists from the former state of Bombay in respect of the Gujarat Area and (b) such other pharmacists as were eligible to have their names included in the State Register of Pharmacists under Section 32-A.

For the Saurashtra and Kutch Areas of the Gujarat State, 31-03-1966 was fixed as the last date on or before which applications for the registration were to be made to the Gujarat State Pharmacy Council for entry on the register as provided under section 32-A of the Act. For the remaining Area of the State of Gujarat u/s 32-A, an opportunity was given to those who were eligible on 30th September 1951 for registration as pharmacist, but who could not apply for such registration. For such persons also 31st March, 1966 was the last date for submitting the applications.

Advertisements were published in various news papers in the State of Gujarat well in time inviting applications from persons in the Saurashtra and Kutch Regions and also from persons in other Regions of the State of Gujarat. Applications which were so received on or before 31st March, 1966 were scrutinized and decided in accordance with law and those who fulfilled the qualifications were granted registration as pharmacist. Then the council continued to grant registrations to the eligible pharmacists qualified under Section 32(2).

The parliament amended the Pharmacy Act in 1976 by insertion of Section 32-B to make special provisions for registration of displaced persons, repatriates and other persons.

The Pharmacy (Amendment) Act 1976 came into force from 1st September, 1976 and, the provisions of the Section 32-B remained in force from 1st September, 1976 to 31st August, 1978. The Gujarat State Pharmacy Council had published in March 1977 advertisement through news papers inviting applications from persons who were eligible to be registered as pharmacists under the provisions of Section 32-B, and granted registrations to them.

The Section 42 of the Pharmacy Act 1948 was amended by the Act 17 of 1976 providing that no persons other than a registered pharmacist shall compound, prepare, mix or dispense any medicine on the prescription of medical practitioner on or after such date as the State Government may by notification in the official gazette appoint in this behalf, and where no such date is appointed by the Government of a State this provision shall take effect in that State on the expiry of a period of 5 years from the commencement of Pharmacy (Amendment) Act 1976. The said Amendment Act came into force from 1 st September 1976. It was further amended by the Pharmacy (Amendment) Act 1982, to extend the period from 5 years to 8 years from 1st September, 1976.

In view of the fact that many compounders working in the Government Hospitals and other employees working in Dispensaries were in employment for a long time but did not possess qualification of Diploma in Pharmacy, representations were made and, therefore, Central Council of Pharmacy (Pharmacy Council of India) made a special provision in the Education Regulations to provide that the persons practicing for not less than two years in Hospitals, Dispensaries and other institutions where regular dispensing of drug is done and possess Matriculation or other equivalent qualification and are desirous of taking up the course of training for Diploma in Pharmacy Part-I and in Diploma in Pharmacy Part-II shall be permitted to appear at the examination for Diploma in Pharmacy Part-I and Part-II. A at intervals of six months only if they have attended the regular course in an approved institution imparting full time or part time tuitions.

In view of the above provisions, The State of Gujarat and Gujarat State Pharmacy Council in consultation with the Central Council of Pharmacy decided to start short term Diploma Course in Pharmacy at the approved institutions by the Central Council of Pharmacy.

The advertisement inviting applications for admission to the said course was published in various news papers in the State of Gujarat on 3rd and 4th June, 1981. The applicants who possessed the requisite qualification for admission to the training course for diploma in pharmacy under the special provision of Education Regulations for unqualified in-service compounders were admitted to the training course and on successful completion of training they were awarded pharmacy diploma and granted pharmacists registration. Further as per the provisions the said course had been completed not later than 31st August, 1984.

Gujarat State Pharmacy Council has implemented PHARMS software developed by NIC for computerized working of Council.

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