Prakash Yedhula
(Lawyer)
16 October 2007
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1) The Drugs and Cosmetics Act, 1940
The object of the Act is to regulate the import, manufacture, distribution and sale of drugs.
Under the provisions of this Act, the Central Government appoints the Drugs Technical Advisory Board to advise the Central Government and the State Governments on technical matters arising out of the administration of this Act. The board can constitute subcommittees for the consideration of a particular matter.
2) The Pharmacy Act, 1948
The Pharmacy Act was passed in 1948 and was amended in 1959, 1976 and 1984.
The aim of this law is to regulate the profession of Pharmacy in India.
Under the provisions of this act the Central Government constitutes a Central Pharmacy Council of India consisting of following members:
a) Six members from the Teachers of pharmacy.
b) Six members from practicing pharmacists or Pharmaceutical Chemists holding degree of diploma.
c) One member elected by the Medical Council of India.
d) The Director-General of Health Services.
e) The Director of the Central Drugs Laboratory.
f) The Chief Chemist, Central Revenues.
g) One member to represent each state elected by members of State Councils who shall be a registered pharmacist.
h) One member to represent each State Government who shall be either registered medical practitioner or a registered pharmacist.
The President and Vice-President of the Central Council of Pharmacy are elected by the members of the Council among themselves, hold office for five years and are eligible for re-election.
The conducting of courses of study for pharmacists, and the examinations in Pharmacy in the states are subject to the approval of the Central Council. Besides the Council has the responsibility to supervise the Education of Pharmacy in the States. Where it is found that the course of study is not in conformity with the Education Regulations, the Council may withdraw approval accorded to the course or the examination. The Central Council can approve qualifications granted by an outside authority for qualifying for registration under this Act.
[/font][font=tahoma]State Pharmacy Councils
The Act makes it incumbent upon the State Governments to constitute State Pharmacy Councils with the following members:
a) Six members elected from amongst themselves by registered Pharmacists of the state.
b) Five members of whom at least two shall be persons possessing a prescribed degree or diploma in Pharmacy or Pharmaceutical Chemistry or members of the Pharmaceutical profession nominated by the State Government.
c) One member elected by the State Medical Council.
d) The Chief Medical Officer of the State.
e) The State Drug Controller.
f) The Government Analyst.
[/font][font=tahoma]Registration of Pharmacists
The State Government has under the provisions of the Pharmacy Act to get a register of the State Pharmacists prepared and it is the State Pharmacy Council which has to maintain the register. The register shall contain the name and residential address of Pharmacist, the date of his first admission to the register, qualifications for registration, his professional address, the name of his employer and prescribed particulars. [/font]
[font=Tahoma]3) The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954
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[font=tahoma]This Act is meant to control the Advertisements regarding drugs; it prohibits the advertising of remedies alleged to possess magic qualities and to provide for matters connected therewith.
The Drugs and Magic Remedies Act prohibits a person from taking part in publication of any advertisement referring to any drug which suggests use of the drug for:
a) the procurement of miscarriage in women or prevention of conception in women; and
b) the maintenance or improvement of the capacity of the human being for sexual pleasure;
c) the correction of menstrual disorders in women;
d) the diagnosis, cure, mitigation, treatment or prevention of any venereal disease. It is prohibited to directly or indirectly give a false impression regarding the true character of a drug or make false claim for it or to convey any false or misleading information in any material particular about it. No person shall import into or export from India any document containing advertisement of this nature.
Whoever contravenes the provisions of this Act shall, on conviction, be punishable with imprisonment which may extend to six months, with or without fine. In case of subsequent convictions the imprisonment can be extended to one year. The document, article or thing which contains the offending advertisement can be seized and confiscated.
If the person contravening any of the provisions of the Act is a company, every person who at the time the offence was committed was in charge of the business of the company shall be deemed guilty.
The prohibition under this Act does not apply to: a) any signboard or notice displayed by a registered medical practitioner including the treatment for any of the disease, b) any treaties or book dealing with any of the matters from a bonafide scientific standpoint, c) any advertisement related to any drug sent confidentially to any registered medical practitioners or to chemists for distribution among registered medical practitioners or to a hospital or laboratory, and d) Government advertisements.
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