No: 53 Dated: Jan, 01 2011

THE JAMMU AND KASHMIR PHARMACY ACT, 2011 (1955 A.D.)

(Act No. LIII of 2011)

An Act to regulate the profession of Pharmacy

    Whereas, it is expedient to make better provision for the regulation of the profession and practice of pharmacy and for that purpose to constitute Pharmacy Council;

It is hereby enacted as follows:-

CHAPTER-I

Introductory

1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Pharmacy Act, 2011.

(2) It extends to the Municipalities of Jammu and Srinagar, but the Government may, by notification, extend it to the other parts of the State.

(3) It shall come into force at once but Chapters III and IV shall take effect from such date as the Government may, by notification in the Government Gazette, appoint in this behalf.

2. Interpretation. - In this Act, unless there is anything repugnant in the subject or context,-

(a) "Council" means the Pharmacy Council constituted under section 3;

(b) "Executive Committee" means the Executive Committee of the Council;

(c) "Medical practition" means a person registered or eligible for registration in a medical register of the State meant for the registration of persons practising allopathic system medicines under the Jammu and Kashmir Medical Registration Act, 1998;

(d) "prescribed" means in Chapter II prescribed by regulations made under section 15 and elsewhere prescribed by rules made under section 32;

(e) "register" means a register of pharmacists pharmacists prepared and maintained under Chapter III;

(f) "registered pharmacist" means a person whose name is for the time being entered on the register of the State.

CHAPTER-II

The Pharmacy Council

3. Constitution and composition of Council. - The Government shall, as soon as may be, constitute a constitute a Council consisting of the following members, namely

[(a) "Controller, Drugs and Food Control Organisation, Jammu and Kashmir;

(b) Deputy Controller, drugs and Food Control Organisation, Jammu;

(c) Deputy Controller, Drugs and Food Control Organisation, Kashmir.

(d) Two registered medical practitioners, one each to be elected from amongst the Registered Medical Practitioners, from Jammu Province and Kashmir Province;

(e) Two registered pharmacists, one each to be elected from amongst the Registered Pharmacists from Jammu Province and Kashmir province;

(f) Drug Analt;

(g) Assistant Drug Controller;

(h) Two physician Specialists, one each from S.M.H.S. Hospital, Srinagar and S.M.G.S. Hospital, Jammu to be nominated by the Government:

Provided that in the case of first Council constituted after the commencement of the Jammu and Kashmir Pharmacy (Amendment) Act, 1968, the members to be elected shall be nominated by the Government.