Assam Pharmacy Council Rules

No. MID.145/57/49.- In exercise of the powers conferred by sub. Section (I) and, in particular, by clauses (a), (c), (d), (e), (g), (i) and (k) of sub-section (2) of section 46 of the Pharmacy Act. 1948 (VIII of 1948), the Governor pleased to make the following rules, namely :-

PART – I

Management of the property of the State Pharmacy Council and the maintenance and audit of its accounts.
  1. The Registrar shall be in direct charge of the management of all properties of the State Pharmacy Council.
    1. A Postal Savings Bank Account shall be opened in the Shillong Post Office in the name of the Assam Pharmacy Council and all monies received for and on behalf of the State Pharmacy Council shall be deposited to the credit of this account.
    2. all withdrawal forms shall be signed by the Registrar and the President Jointly.
    1. A Cash Book and a Ledger with appropriate heads shall be maintained and all receipts and expenditure shall be entered therein.
    2. The Registrar shall be allowed a permanent advance of Rs. 50 as Impress Cash for petty expenses, for which a separate book shall be maintained.
    3. the expenditure incurred on account of ouch petty expenses shall be recouped from time to time by drawing from the Post Office, and shall be entered in the Cash Book and the Ledger Bills for such recoupment shall, when passed by the Registrar, require the countersignature of the president.
    1. No expenditure shall be incurred unless it has been provided for in the Budget approved by the state Pharmacy Council and unless the necessary funds are available. Emergent expenditure necessitated by circumstances not foreseen may be allowed by the President to be incurred in anticipation of the approval of the State Pharmacy Council, provided funds are available to meet the expenditure.
    2. A Bill for an amount not exceeding Rs.20 may be passed by the Registrar. A Bill for an amount exceeding Rs.20 shall require the approval of the President before payment.
    1. In the month of September every year, the Registrar shall prepare a statement of receipts and expenditure during the first 5 months of the financial year and an estimate for the next 7 months, and also an estimate for the budget for the year commencing on and from the 1st April next. These shall be placed before the Executive Committee forthwith which shall decide what financial aid from the State Government, if any, should be asked for in order to enable it to carry on the functions of the state Pharmacy Council.
    2. The Budget for the year commencing from the 1st April next shall, after it has been accepted by the Executive Committee be placed before the state pharmacy council at their meeting, in January, for approval by the State Pharmacy Council either in its entirety or with such modification as the council may consider proper Provided that if the Budget be contingent on subvention from the State Government. It shall be submitted to the state Government for their approval, with request for provision of funds for which the state Government grant would be necessary to comply with the Budget. The state Government may either approve or modify the Budget.
    3. When the Budget for the ensuing year is presented to the State Pharmacy Council a statement of actual of the current year for the first 9 months together with estimate of probable expenditure for the remaining 3 months shall also be presented, and the original Budget for the current year may be revised by the state Pharmacy Council, accordingly or as the State Pharmacy Council consider proper.
  2. The State Pharmacy Council may at any time during the year for which any estimates has been sanctioned cause a supplementary estimate to be prepared and submitted to it. Every such supplementary estimate shall be considered and sanctioned by the State Pharmacy Council, in the same manner as if it here an original annual estimate.
  3. The accounts of the state Pharmacy Council shall be audited once every year by suitors appointed by the Stare Pharmacy Council, and the Audit Report shall be considered by the State Pharmacy Council at its meeting following the submission of the Report.

PART – II

Meeting of the State Pharmacy Council
    1. Ordinary Meetings. The ordinary meetings of the State Pharmacy Council shall be held twice in a calendar year, preferably in January and August on such date and at ouch place as may be fixed by the Provident for the purpose. At least 30 days notice of the date shall be given to every member of the State Pharmacy Council.
    2. Special Meetings – The President may, if he thinks necessary, call a special meeting of the State Pharmacy Council for dealing with any emergent matter. In such …………. the period of notice may be shorter but not less than 5 years.
    3. Requisition meetings. – The President shall call a requisition meeting of the State Pharmacy Council when there is a requisition made to him in writing and signed by at least 10 members for the consideration of any particular matter. Every such requisition shall state specifically in the form of a resolution their proposal, and the matter shall be such as is within the function of the State Pharmacy Council under the Pharmacy Act. 1948. The President may refuse to call a requisition meeting. If in his opinion, these requirements are not fulfilled, or if he considers that the matter might wait till the next. Ordinary meeting of the council. When a requisition meeting is called a notice with at least 15 days time shall be given to every member with copy of the requisition received.
  1. Agenda of ……inary westings. – A preliminary agenda, so far as possible shall be anneced with the notice referred to in Rule 8 (1). Any member desiring to move any matter may send to the Registrar in writing his proposal which shall be in the form of a motion for a resolution. Such intimation shall each the Registrar at least 15 days before the meeting. Notices of the items added thus or otherwise to the preliminary agenda, shall be sent to the members as early before the meeting as possible.
    1. Who is to preside at a meeting. – Every meeting of the State Pharmacy Council shall be presided over the President or if he is absent, by the Vice-Precedent, or if both the President and the Vice-President are absent by a Chairman to be elected by the members present from among thou sleeves.
    2. All references in this part to the resident shall be read as referring to the person for the time being presiding over a meeting.
    1. Quorum. – Eight members of the State Pharmacy Council, of whom the President may be one ore sent in person shall form a quorum provided that in the ease of a meeting adjourned for want of quorum no quorum shall be required.
    2. if, at the time appointed for a meeting a quorum is not present, meeting shall not commence until a quorum is present, and if a quorum in not present on the expiration of 20 minutes from time appointed for the meeting or airing the course of any meeting the meeting shall stand for the meeting or during the course of any meeting the meeting shall stand adjourned to such future time and dates as the President may appoint.
    1. Hot ion required for determining any Natter. – Every matter to be determined by the State Pharmacy Council shall be determined on emotion moved by a member and put to the state pharmacy council by the president.
    2. A motion shall not be admissible –
      1. If the matter to which it relates is not within the scope of the function of the state Pharmacy Council.
      2. if it raises substantially who same question as a motion or amendment which has been mover or withdrawn with the leave of the State Pharmacy Council within one year of the date of the meeting at which it is intended to be moved : provided that such a motion Pharmacy Council convened for the purpose on the requisition of not less than two-shards of the members of the state Pharmacy Council. Provided further that nothing in these rules shall operate to prohibit the further discussion of any otter referred to the State Pharmacy Council by the State Government in exercise of any of its functions under the Pharmacy Act. 1946.
      3. Unless it is clearly and precisely expressed and raises substantially one definite issue.
      4. If it contains inferences, ironies expressions or defamatory statements.
    3. The President shall disallow any motion which in his opinion is inadmissible under sub-rule (2).
    4. When the President disallows or amends a motion the Registrar shall inform the member who gave notice of the motion of the order of disallowance or as the case may be, of the form in which the notion has been admitted after amendment.
    1. Decision – Decision on a motion when the members are divided shall be taken by show of hands or by division or by ballot as the president may direct : Provided that votes shall be taken by ballot if three members so desire and ask for it. Provided further that if voting has been by show of hands a division shall be taken if a member for it.
    2. The President shall determine the methods of taking votes by division.
    3. the result of the vote shall be announced by the President and shall not be challenged.
    4. In the event of an equality of vote the President shall have a second or a casting vote.
    1. Motion or Amendment to be Seconded. – Every motion or amendment shall be seconded and if not seconded shall be deemed to have been withdrawn.
    2. When a motion has been so seconded and not withdrawn it shall be stated from the chair and any member move an amendment which shall be relevant to and within the scope of the motion.
    3. An amendment may not be moved which has merely the effect of a negative vote.
    4. A motion may be amended by –
      1. The omission, insertion or addition of words, or
      2. The substitution of words for any of the original words.
    5. The President may refuse to put an amendment which is in his opinion frivolous.
    1. (Further about Motions and Amendments. – when a motion or amendment is under debate, no proposal with reference thereto shall be made other than :
      1. Amendment of the motion as the case may be as proposed under rule 14.
      2. A motion for the adjournment of the debate on the motion or amendment either to a specified date and hour or sine die.
      3. A motion for the closure, namely, a motion that the question now be put.
      4. A motion that the State Pharmacy Council instead of proceeding to deal with the motion to pass to the next item on the programme of business : Provided that no such motion or amendment shall be moved so as to interrupt a speech : Provided also that no motion of the nature referred to in clause (b), (c), and (d) shall be moved or seconded by a member who has already spoken to the questions then before the meeting. Provided further that a motion referred to in clauses (c) and (d) shall be moved without epoch.
    2. it shall be in the discretion of the president to put or refuse to put to the State Council a proposal of the nat re referred in clause (b) of sub-rule I.
    3. Unless the President is of opinion that a motion for closer is an abuse of the right of reasonable debate, he shall forthwith put a motion that the question be now put and if that motion is carried the substantive motion or amendment under abate shall be put forthwith. Provided that the president may allow the mover of the substantive motion to exercise his right of reply before the substantial motion under debate is put.
    1. Procedure of Debate. – A motion or an amendment which has been mover and seconded shall not be withdrawn save with the leave of the State Pharmacy Council which shall not be deemed to be granted if any member dissents from the granting of leave.
    2. When a motion has been moved and seconded, members other than the mover and the seconder may speak on the motion in such order as the president may direct : Provided that the seconded of a motion or an amendment may with the permission of the President confine himself to seconding the motion or amendment, as the case may be, and speak thereon at any subsequent stage of the debate.
    3. During the meeting the President may at any time make any objection or suggestion, or give information to elucidate any point or help the members in the discussion.
    4. The mover of an original motion and, if permitted by the President, the mover of any amendment shall be entitled to a right of final reply. No other member shall speak more than once to any debate except, with the permission of the President, for the purposes of making a personal explanation or of putting a question to the member than addressing the State Pharmacy Council. Provided that any member at any stage of the debate may rise to a point of order : but no speech shall be allowed on that point : Provided also that a member who has spoken on a motion may speak again on an amendment subsequently moved to the motion.
    5. No member shall, save with the permission of the President speak for more than five minutes.
    6. A speech shall be strictly confined to the subject matter of the motion or amendment on which it is made.
    7. Any motion or amendment, standing in the name of a member who is absent from then meeting or unwilling to move it, may be brought forward by another member with the permission or the President.
    8. A member desiring to make any observations on the matter before the State Pharmacy Council shall speak from his place, shall rise when he speaks, an shall address the President.
    9. if at any time the President rises, any member speaking shall immediately resume his eat.
    10. No member shall be heard except upon the business before the state Pharmacy Council.
    1. When an amendment to any motion is moved and seconded (or when two or more amendments are moved and seconded) the President shall, before taking the sense of the State Pharmacy Council thereon, state or read to the State Pharmacy Council the terms of the original motion and of the amendment or amendments proposed.
    2. An amendment to a motion shall be put to the vote first.
    3. if there be more than one amendment to a motion the President shall cerise in what order they shall be taken.
    4. When any motion involving several points has been discussed, it shall be in the discretion of the President to decide the motion, and put each or any point separately to the vote as he may think it.
    1. Adjournments of Meetings. – the President, after stating reasons, may at any time, adjourn any meeting to any future day or any hour of the same day.
    2. Whenever a meeting is adjourned to a future day the Registrar shall if possible send notice of the adjournment to every member who was not present at the meeting.
    3. When a meeting has been adjourned to a ……………. May he president may change such day so any other day and the Registrar shall send written notice of the change to each member.
    4. At a meeting adjourned to a future day and motion standing over from the Previous day shall unless the President otherwise directs take precedence of other matters on the agenda.
    5. Either at the beginning of the meeting or after the conclusion of the debate on a particular item during the meeting the President or a member may suggest a change in the order of business on the agenda : if the state Pharmacy Council agrees such a change shall take place.
    6. No matter which has not been on the agenda of the original meeting shall be discussed in an adjourned meeting.
    7. The same quorum shall be necessary for adjourned meeting as for an ordinary meeting, empt in cases provided for in Rule 11.
    1. The President shall decide all points of order which may arise and his decision shall be final.
    2. If any question arises with reference to procedure in respect of a matter for which these rules make no provision the President shall decide the same and his decision shall be final.
  2. The proceedings of the meetings of the State Pharmacy Council shall be preserved in the form of printed minutes which shall be authenticated, after confirmation, by the signature of the President.
  3. A copy of the minutes of each meeting shall be submitted to the president within 15 days of the meeting and attested by him and they shall then be sent to each member within 30 days of the meeting.
    1. if any objection regarding the correctness of the minute is received within 30 days of the dispatch of the minutes by the Registrar, such objection together with the minutes as recorded and attested shall be put before the next meeting of state council for confirmation. At this meeting no question shall be raised except as to the correctness of the records of the last meeting.
    2. if no objection regarding a decision taken by the State Pharmacy Council at a meeting is received within 30 days of the dispatch by the Registrar of the minutes of that particular meeting such decision may, if expedient, be put into effect before the confirmation of the minutes at the next meeting. Provided that the President may direct that action be taken a decision of the State Pharmacy Council before the expiry of the period of 30 days mentioned above.

PART – III

Powers and Duties of the President and Vice-President.
  1. The President shall exercise such powers and perform such duties as are laid down in the provisions of the Pharmacy Act. 1948 the rules and standing orders of the State Council. He shall do such acts as he considers necessary in the furtherance of the objects for which the state council is established.
  2. If the office of the President is vacant or if the President for any reason is up able to exercise the powers to perform the duties of his office the ice-President shall act in his place and shall exercise the powers and perform the duties of the President.

PART – IV

Executive Committee
  1. The Executive Committee shall consist of the President and the Vice-President, Ex-Officio and three other members elected by ballot at the first meeting of the State Pharmacy Council. If the three members Executive Committee so elected shall hold of fice till the election of the new executive committee.
  2. The Executive Committee shall meet on such date as may be fixed by the President.
  3. For a meeting of the Executive Committee three members shall be necessary to constitute a quorum.
  4. Should there occur during the recess any vacancy in the Executive Committee, the Committee may fill up aych vacancy except in cases where a summons has been issued for a meeting of the State Council when the council itself shall elect.
  5. In the case of the death of the Registrar or of his incapacity from illness or if the is on leave, when the State Council is not in session the Executive committee shall appoint a person to perform temporarily the duties of the Registrar. The Executive Committee shall grant leave to the Registrar and other employees. Who will be governed by the Fundamental Rule and Subsidiary Rules made there under as amender from time to time by the State Government in respect of leave.
  6. The functions of the Executive Committee shall besides any particular matter that may be referred to it by the State Council or by the President, shall be as follows :
    1. General superintendence of the office of the State Pharmacy Council and in particular, making recommendations to the State Pharmacy Council regarding the Staff (Section 26 of the Act.) and the preparation of the annual budget.
    2. Complying with the requisitions that may be made by the State Government under the Act.
    3. Making necessary enquiries and reporting to the State Council in cases of appeal under sub-section (3) of Section 33 of the Act.
    4. Dealing with cases of complaint or information requiring consideration whether the name of a registered pharmacy should be removed from the register or other disciplinary action taken (Section 36 of the Act).
    5. Examining applications for restoration of name to register (Section 37 of the Act) and report to the State Pharmacy council.
    6. Considering cases requiring prosecution and taking action for lodging complaint when necessary (Sections 41 and 43 of the Act.) and
    7. Bringing to the notice of the State Government cases that may require prosecution under sub-section (3) of Section 42 of the Act. Explanation. – In this rule, the expression "the Act." Means the Pharmacy Act, 1948 (VIII of 1948).
  7. All proceedings of the Executive Committee shall be submitted to the State Pharmacy Council for approval. Confirmation, recording or other orders as the nature of the case may need. For this purpose the proceedings shall state briefly the reasons and the circumstanced for which the committee make their recommendation or take a particular view and copies of the proceedings shall be circulated to the members of the State Pharmacy Council along with the agenda of the meeting of the State Pharmacy council.
  8. The Executive Committee shall have general powers of superb tendence and direction in matters relating to the office of the State Pharmacy Council and its working, including the preparation and maintenance of the register of pharmacists and distributing by sale of otherwise of printed copies of the same.
    1. The Executive Committee may constitute Sub-Committees are may appoint to such Sub-Committees, persons who are not members of the State Pharmacy Council to report upon any matters, which it may deem necessary to refer to them.
    2. The members of a Sub-Committee appointed under sub-rule (1) Shall not be entitled to any fee attending any meeting of the Sub-Committee, they shall be entitled to travelling expenses only.

PART – V

Registration
  1. The registrar of pharmacists to be maintained shall be as in form A appended to these rules.
  2. The names shall be entered in the register in the order in which the applications for registration are admitted and sufficient space shall be left for further additions and alterations in the qualifications and address of the entry.
  3. Each page of the register shall be verified under the Registrar's signature and each entry or removal shall be attested by his initials.
    1. On the registration of every pharmacist the Registrar shall grant such pharmacist a certificate in Form B appended to these rules.
    2. In the event of a certificate issued under sub-rule (1) being lost or destroyed the holder may at any time during which such certificate is in force apply to the Registrar for a duplicated certificate and the Registrant may. If he thinks fit, on satisfactory proof as to the identity of the applicant, issue such certificate on payment of a fee prescribed in Pule 46 Certificate issued under this sub-rule shall be marked "Duplicate".
  4. Every person entitled to be registered and desiring to have himself registered shall apply to the Registrar in Form C appended to these rules duly filled in and signed. Every such application shall be accompanied by the fee prescribed therefore in Rule 46.
    1. The registration of every person registered shall hold good till the 31st December of the year following the year in which registration or removal thereof in made.
    2. A person desiring to continue his registration after the date mentioned in sub-rule (1), shall submit to the Registrar an application for removal together with the fee presoribed in that behalf in Rule 46. Such applications should preferably be made previous to the abovementioned date, but may be made so as to reach the Registrar not later than 31st March following.
    3. When the requirements of Sub-rule (2) have been complied with and the renewal entered in the register, the Registrar shall issue to the applicant a renewal slip in Form D (1) appended to these rules, signed by the Registrar with the seal of the State Pharmacy Council, with direction to the applicant to affix it on the ordinal registration certificate. Every such renewal shall be entered in the registrar and a attested by the Registrar with his signature.
    1. An application for resonation of name under the proviso to sub-section (2) of Section 34 of the Pharmacy Act. 1948, shall be accompanied by the original registration certificate and the fee prescribed therefore in Rule 46.
    2. On fulfillment of the above requirement the Registrar shall restore the name in the register and give the applicant a certificate in Form D (2) appended to these rules.
    3. A statement of the names of the person so restored to the register during a month shall be submitted by the Registrar to the Executive Committee at its next meeting for confirmation.
    1. An application for entry of an additional degree of diploma in Pharmacy or Pharmaceentieal chemistry shall be in From E (1) appended to these rule and shall be accomenied by accompanied by the fee prescribed in this behalf in Rule 46 and documents of the degrees or diplomas sought to be enetered.
    2. On entry of additional qualifications in the register under sub-rule (1) the Registrar shall grant such pharmacist a certificate in Form E (2) appended to these rules.
    1. Certified copies of entries in the register may be issued to any one on payment of a fee as per Rule 46.
    2. Every application for change of name or surname shall be made to the Registrar by the registered pharmacist himself, and shall be accompanied by the fee prescribed for such application in Rule 46 and also by an affidavit sworn by the registered Pharmacist before a Magistrate stating that the applicant is the same person whose name is registered with the particular number and the circumstances for which the change is sought.
    3. The Registrar shall, upon compliance with the provisions of sub-rule (2) make the change in the name or surname.
  5. The Registrar shall as soon as may be after the 1st day of April each year cause to be printed copies of the register as it stood on the said date and such copies shall be made availed to persons applying therefore on payment of the prescribed charge. The Registrar shall kepp as interleaved copy of such printed list wherein he shall make during the year any entry alteration of erasure that may be necessary.
  6. It shall be the duty of every registered person who shange his address to intimate the fact to the Registrar within one month after sych change.
  7. There shall be made every year and entered in the printed Pharmacy Register an enumeration of –
    1. The total number of persons in the published Register.
    2. The number of persons added by registration during the year.
    3. The number of names respired to the Register.
    4. The number of names removed from the Register stating the section of the Pharmacy Act, 1948 under which the name has been removed, and
    5. The number of names removed by death.
  8. The following fees are prescribed Rs.
    For the First registration in the Register 5
    For restoration to the register after removal for non-payment of annual retention fee in addition to retention fee for the year or years during which the name remained removed. 3
    For annual retention 3
    For every qualification or status subsequently registered 2
    For restoration to the Register under section 37 of the Pharmacy Act, 1948. 10
    For registration of a change of name or surname 3
    For every certified copy of an entry in Register 3
    For a "Duplicate" Certificate under Duel 37 (2). 5
    The fees prescribed under this rules shall be in addition to any fees that may be payable under the Indian Stamp Act. 1999 pr any there law for the time being in force relating to the leggy of stamp duty.