Pharmacy Act 67
Pharmacy Act 67
Pharmacy Act 67
(XI OF 1967)
(As Amended Upto 8th February 1973).
An act to establish Pharmacy Councils to regulate the practice of Pharmacy.
WHEREAS it is expedient to establish Pharmacy Councils to regulate the practice of
pharmacy and to provide to matters connected therewith and incidental thereto;
AND WHEREAS the national interest of Pakistan in relation to the achievement of
uniformity within the meaning of clause (2) of Article 131 of the Constitution requires Central
legislation in the matter;
It is hereby enacted as follows:
1. Short title, extent and commencement.
(1) This Act may be called the Pharmacy Act, 1967.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Definitions.
In this Act, unless there is anything repugnant in the subject or context,
(a) `approved' means approved under section 18 or, as the case may be, section 19;
(b) `Central Council' means the Pharmacy Council of Pakistan established under section 3;
(c) `Council' means a Pharmacy Council established under section 3;
(d) `Medical Institution' means an institution whose medical qualifications are recognized under
the Medical Council Ordinance, 1962 (XXXII of 1962);
(e) `Pakistan Pharmacists Association' means the association registered under the Societies
Registration Act 1860 (XXI of 1860) and known at the commencement of the Pharmacy
(Amendment) Act, 1973 by that name;
(f) `Pharmacist' means a person who is registered under section 24 in register A and Register B.
(g) `Pharmacy Institution' means an institution whose qualifications of Pharmacy are recognized
under this Act; and
(h) `Provincial Council' means the Pharmacy Council of a Province established under section 3.
3. Establishment of Pharmacy Councils. Within a period of one year from the commencement
of this Act:
(a) The Central Government shall, by notification in the official Gazette, establish a Central
Pharmacy Council to be known by the name of the Pharmacy Council of Pakistan; and
(b) Each provincial Government shall in like manner, establish a provincial Pharmacy Council
to be known by the name of the province concerned.
(2) Each of the Pharmacy Councils established under sub section (1) shall be a body corporate
having perpetual succession and common seal, with power, among others, to acquire, hold and
dispose off property, and shall by its name sue and be sued.
4. Composition of Central Council. (1) The Central Council shall, subject to the provisions of
sub section (2), consist of the following members, namely:
(a) The Director General of Health, Government of Pakistan, ex-officio, who shall, unless the
Central Government appoints any other officer to be the President, also be the President of the
Council;
(b) The officer, if any, appointed under clause (a) to be the President of the Council;
(c) Eight persons to be nominated by the Federal Government out of whom one from each
province shall be nominated in consultation with the provincial Government concerned, one shall
be a teacher of Pharmaceutics and one a teacher of Pharmaceutical Chemistry;
(d) One person from each province, to be nominated by the Federal Government so far as may
be in consultation with the provincial Council concerned;
(e) One person, to be nominated by the Federal Government in consultation with the Pakistan
Pharmacists Association; and
(f) The Drugs Controller, Government of Pakistan; and
(2) The Central Government may by notification in the official Gazette, increase or decrease the
number of persons to be nominated by it under clause (c) of sub section (1).
Provided that the decrease in the number of members shall not affect the continuance in office
of, and the performance of functions by, any member until the expiry of his term.
5. Composition of the Provincial Council. (1) A Provincial Council shall, subject to the
provisions of sub section (2), consist of the following members namely:
(a) the Secretaries to the Provincial Governments in the Health Department, ex
officio, who shall, unless the Provincial Government appoints any other officer to be the
President, also be the President of the respective Council; and
(b) the officers, if any, appointed under clause (a) to be the President of the Council;
(c) five persons to be nominated by the Provincial Government, of whom one shall be an officer
of that Government; and
(d) One person to be nominated by the provincial Branch of the Pakistan Pharmacists
Association
6.Disqualification for membership: A person, other than a professor of a medical institution of
a pharmacy institution or an officer of the Provincial Government nominated under Clause(c) of
sub section (1) of Section 5, shall not be eligible for nomination as a member of the council
unless he is a pharmacist registered in Register A;
Provided that, for the purpose of the constitution of the first Council after the Commencement
of the Pharmacy (Amendment) Act, 1973, a person who is qualified to be registered as a
Provided that, until such bye-laws are made, the President of the Council may, by notice
addressed to each member summon and conduct a meeting at such time and place and in such
manner as he may deem expedient.
(2) The President and, in his absence, the Vice-President shall preside at every meeting of the
Council and, in the absence of both the President and the Vice-President, the members present
shall elect one amongst them to preside.
(3) The quorum for a meeting of the Council shall be one third of the total numbers a fraction
being counted as one.
14. Annual Report. As soon as may be after the close of every year, the Central Council shall
submit to the Central Government an annual report giving an account of its proceedings together
with a statement of moneys received and expenses incurred by it during that year.
15. Appointment of Secretary, officers and staff of the Council. (1) A council shall, with the
approval in the case of the Central Council of the Central Government and in the case of a
Provincial Council of the Provincial Government, appoint a Secretary from amongst persons
eligible for registration as pharmacists in Register "A" on such terms and conditions as it may
deem fit.
(2) The Council may also appoint such officers and staff as may be necessary for the efficient
performance of its functions.
16. Finances. (1) The funds of the Central Council shall consist of such moneys as may be
placed at its disposal by the Central Government.
(2) The funds of a Provincial Council shall consist of the fees received by it under this Act and of
such moneys as may be placed at its disposal by the Provincial Government.
17. Functions of the Central Council. (1) The functions of the Central Council shall be
(a) to approve examinations in pharmacy for the purpose of qualifying persons for registration
as pharmacists;
(b)
(c) to approve the courses of study and practical training in pharmacy for the purpose of
admission to approved examination;
(d) to prescribe the conditions and procedure for admission of candidates to an approved
examination;
(e) to lay down the standard of teaching to be maintained by institutions conducting the
approved courses of study;
(f)
(g)
(h) to cause inspection of institutions which conduct any courses of study in pharmacy and of
the teachings imparted and examinations held by them; and
(i) to do such other acts and things as it may be empowered or required to do by or under this
Act.
(2) The Central Council, with the previous approval of the Central Government, may, by
notification in the official Gazette, make regulations for the purposes of sub-section (1).
18. Approval of examinations. (1) Any institution or authority, including a Provincial Council,
which holds an examination in pharmacy, may apply to the Central Council for approval of the
examination for the purpose of qualifying a person for registration as a pharmacist under this
Act.
(2) The Central Council, if it is satisfied after such inquiry as it may think fit that the
examination for the approval of which an application has been made under sub-section (1) is in
conformity with this Act and the regulations, shall approve the examination and, by notification
in the official Gazette, declare it to be an approved examination for the purpose of qualifying a
person for registration as a pharmacist under this Act.
19. Approval of courses of study.-(1) Any institution or authority which conducts a course of
study in pharmacy may apply to the Central Council for approval of such course of study for the
purpose of admission to an approved examination.
(2) The Central Council, if is satisfied after such inquiry as it may think fit that the course of
study for the approval of which an application has been made under sub-section (1) is in
conformity with this Act and the regulations, shall submit the application together with its
recommendation to the Central Government and shall, upon the approval of the course of study
by the Central Government, declare it, by notification in the official Gazette, to be an approved
course of study for the purpose of admission to an approved examination.
20. Furnishing of information.- Every institution or authority which applies for the approval of
an examination under section 18 or of a course of study under section 19, or holds an approved
examination, or conducts an approved course of study, shall furnish to the Central Council such
information as the Council may, from time to time, require relating to(a) the course of study conducted and training given;
(b) the examination held;
(c) the ages at which the students may undergo the course of study;
(d) the equipment and facilities provided for the students; and
(e) matters generally pertinent to the course of study, training and examinations and standard
of teaching.
21. Inspectors.- (1) The Central Council may appoint such Inspectors for the inspection of
institutions as it may consider necessary.
(2) An Inspector appointed under sub-section (1) may, if he is so authorised in writing by the
President of the Council,(a) inspect any institution which holds an approved examination or conducts an approved
course of study and may attend any such examination held by such institution;
(b) inspect any institution which has applied for the approval of the examination held, or
course of study conducted, by it and attend any examination held by such institution.
(3) An Inspector who attends any examination shall not interfere with the conduct thereof but
shall submit to the Central Council a report on the sufficiency or otherwise of such examination
and on any other matter in regard to which the Central Council may require him to report.
22. Withdrawal of approval. (1) Where, upon a report by an Inspector, it appears to the Central
Council that an approved course of study or an approved examination does not continue to be in
conformity with this Act and the regulation, the Central Council shall give notice to the
institution or authority concerned calling upon it to explain in writing why the approval of its
course of study or examination should not be withdrawn.
(2) The institution or authority to whom a notice has been given under sub-section (1) shall,
within sixty days from the receipt of such notice, comply with the notice and may also make
such representation to the Central Council, through the Provincial Government, as it may wish to
make.
(3) The Central Council, after considering the explanation given and any representation made
under sub-section (2) and any observations on the representation which the Provincial
government may think fit to make, may, by notification in the official Gazette declare that its
approval of the course of study or examination conducted or held by the institution or authority
concerned shall stand withdrawn with affect from such date as may be specified therein; and
every such declaration shall state that the course of study or examination conducted or held by
such institution or authority shall be deemed to be approved only when completed or passed, as
the case may be, before the date so specified.
23. Functions of a Provincial Council.- The functions of a Provincial Council shall be(a)
(b)
(c)
(d)
24. Preparation and maintenance of Registers.- (1) The Provincial Council shall prepare or
cause to be prepared and maintained the following Registers of Pharmacists and apprentices for
the Province, namely:(a) Register A - in which shall be registered the persons specified in clause (a) of sub-section
(1) of section 25;
(b)
Register B - in which shall be registered the persons specified in clauses (b) and (c) of the
Provided that the Provincial Council may, with the previous approval of the Provincial
Government, discontinue the registration of apprentices in pharmacy and may, with like approval
re-open such registration after it has been discontinued and shall, upon such discontinuance or
re-opening, publish in the official gazette a notice there of specifying the date of such
discontinuance or re-opening.
(2) Every Register prepared and maintained under sub-section (1) shall include the following
particulars relating to a person registered, namely;
(a) full name;
(b) residential address;
(c) professional address;
(d) father's name;
(e) date and place of birth;
(f) nationality;
(g) qualification;
(h) date on which registered; and
(i) such other particulars as may be prescribed by bye-laws.
25. Qualifications for registration as a pharmacist or as an apprentice in pharmacy.-(1) The
following persons shall, subject to the provision of sub-section (3), be qualified for registration
as pharmacists under this Act, namely;
(a) persons who hold a degree in pharmacy conferred by a University or an institution affiliated
thereto, where the degree is recognised by the Central Council;
(b) persons who hold a diploma in pharmacy granted by any institution recognised by the Central
Council; and
(c) persons who pass the examination in pharmacy held by a Provincial Council.
(1-a) Subject to the provisions of sub-section (3) during the period of one year from the
commencement of the Pharmacy (Amendment) Act 1973, a person who was on the 19th day of
June, 1972 to be deemed to be qualified for registration as a Pharmacist shall be deemed to be so
qualified; and
(2) The following persons shall, subject to the provisions of sub-section (3) be qualified to be
registered as an apprentice in Pharmacy, namely:
(i) an inspector of Drugs and a government Analyst appointed under the Drugs Act, 1940 (XXIII
of 1940), if not otherwise eligible for registration;
(ii) a person certified by a Government Hospital to be a qualified compounder and dispenser;
(iii) a person who has been taken as a student or apprentice in Pharmacy by, and produces a
certificate to that effect from, a Pharmacist registered in Register "A" and approved for the
purpose, by notification in the official Gazette, by the Provincial Government, and
(iv) a person who is a qualified person within the meaning of rule 65 of the West Pakistan Drugs
Rules 1958, if not otherwise eligible for registration.
(3) No person shall be qualified for registration as a Pharmacist or as an apprentice in pharmacy(a) if he is of unsound mind and stands so declared by a court; or
(b) if he has been convicted by a court of any offence which in the opinion of the Provincial
Council involves moral turpitude.
26. Procedure for registration. (1) As soon as may be after the opening of the Registers under
section 24, the Provincial Council shall, by notification in the official Gazette, invite applications
from persons desirous of being registered as pharmacists or as apprentices in pharmacy.
(2) An application for registration shall contain such particulars and be made in such form as
may be specified by the Provincial Council and shall be accompanied be such fee as may be
prescribed by the bye-laws.
(3) The Provincial Council shall examine every application received by it and, if it is satisfied
that the applicant is qualified for registration under section 25, direct the entry of the name of the
applicant in the appropriate Register.
(4) The Provincial Council shall, if it rejects the application of any person, inform the applicant
in writing of such rejection within ninety days from the date of receipt of the application, and the
applicant may within sixty days of the receipt of the information appeal against such rejection to
the Provincial Government whose decision shall be final.
(5) Failure to inform the applicant of the rejection within the period specified in sub-section (4)
shall be treated as acceptance of the application for registration.
27. Certificate of registration. (1) The Provincial Council shall issue a certificate of registration
to a person who has been registered under section 26.
(2) A certificate of registration issued under sub-section (1) shall bear a number and the official
seal of the Council and be signed by its President and the Secretary and shall contain the
following, namely;(a) a passport size photograph of the person registered
(b) the full signature of the person registered; and
(c) an endorsement of any mark of identification of the person registered.
(3) A copy of the certificate with all the particulars specified in sub-section (2) shall be kept in
the official record of the Council,
(4) A person to whom a certificate of registration has been issued may, if the original is lost,
defaced or mutilated or for any other reason, obtain a duplicate thereof on payment of the same
fee as was paid for the original.
28. Revocation of certificate.-(1) The Provincial Council may, after giving the person
concerned an opportunity to make representation and of being heard, revoke the certificate of
registration issued to him, if such person(a) incurs any disqualification specified in sub-section (3) of section 25; or
(b) contravenes any of the provisions of the Poisons Act, 1919 (XII of 1919), the Dangerous
Drugs Act, 1930 (II of 1930) the Drugs Act 1940 (XXIII of 1940), or this Act or of the rules
made under any of those Acts; or
(c) fails or neglects to comply with any directive in respect of the profession of a pharmacist with
the Central Government or the Provincial government may, from time to time, issue; or
(d) is guilty of such professional misconduct as may be laid down by the Provincial Council in
this behalf.
(2) Where any certificate of registration is revoked under sub-section (1), the name of the person
whose certificate has been so revoked shall, after he has been given a notice in writing of such
revocation, be struck off the register in which his name was entered and his registration shall
thereupon stand cancelled.
(3) The Provincial Council may, of its own motion. and shall, upon an application made in this
behalf within thirty days of the receipt of the notice under sub-section (2) by the person
concerned review its decision to revoke a certificate of registration; and the decision of the
Council upon such review shall be final.
29. Examination for registration as pharmacists. (1) For the purpose of registration as
pharmacists, the Provincial Council shall, after giving notice in this behalf hold examinations
twice in every year.
(2) An examination under sub-section (1) shall be held at such place in a province as the
Provincial Council may decide.
(3) Notice of an examination shall be published for a continuous period of not less than one week
in at least one newspaper in English and one newspaper in the local language, each having wide
circulation in the Province.
(4) Every application for admission to an examination shall be made in such manner and in such
form as may be specified by the Provincial Council and shall be accompanied by(a) such fee as may be prescribed by the bye-lews;
(b) a certificate of good moral character from a respectable person; and
(c) such other papers or particulars as may be required by the Provincial Council.