In
exercise of the powers conferred by section 46 of the Pharmacy Act, 1948, the
Lieutenant Governor of Union Territory of Jammu and Kashmir is pleased to make
the following rules, namely: CHAPTER I
PRELIMINARY (1) These rules may be
called the Jammu and Kashmir Pharmacy Council Rules, 2020. (2) They shall come into
force from the date of their publication in the Official Gazette. (1) In these rules,
unless the context otherwise requires,- (a) "Act" means
the Pharmacy Act, 1948 (8 of 1948); (b) "Council"
means the Jammu and Kashmir Pharmacy Council constituted under Section 19 of
the Act; (c) "Executive
Committee" means the Executive Committee under Section 27(1) of the Act; (d) "Government"
means the Government of Union Territory of Jammu and Kashmir; (e) "Ministerial
Staff" mean the functionaries engaged/appointed by the Council under
clause (b) of Section 26 of the Act; (f) "President"
means the President elected/nominated under Section 23 of the Act; (g) "Registrar"
means Registrar appointed by the Council under Section 26 of the Act; (h) "Section"
means a Section of the Act; (i) "Treasurer"
means the President acting as a Treasurer under sub-section (a) of Section 26
of the Act. (2) Words and expressions
used in these rules but not defined shall have the same meaning as assigned to
them in the Pharmacy Act, 1948. The
office of the Council shall be situated at Jammu and Srinagar or any other place
as prescribed by the Government from time to time. CHAPTER II
ELECTION
REPRESENTATIVES OF REGISTERED PHARMACISTS (1) For the purpose of
election under clause (a) of section 19, the President shall prepare the
electoral roll of registered pharmacists from the register of registered
pharmacists. The electoral roll shall include the name, qualifications and
residential addresses of all registered pharmacists on such date prior to the
date of election as may be fixed by the Council for each election. (2) The electoral roll
shall be kept open for inspection in the Office of the Council at least thirty
days before the last date fixed for receipt of nomination papers under rule 6.
The Registrar shall at the same time issue a notice in the official Gazette and
in four newspapers in Form 2, calling upon the registered pharmacist to send
their objections or suggestions, if any, with regard to the entries in the
electoral roll before a date specified in the notice, which will not be earlier
than fifteen days of the publication of the notice. All objections received
before the date specified in the notice shall be considered by the President
and corrections made, if necessary in the electoral roll. (3) Any registered
pharmacist aggrieved by the decision of the President may within five days from
the date of receipt of the order, prefer an appeal to Administrative Secretary,
Health and Medical Education Department. (4) Copies of the
electoral roll shall be made available for sale at a price to be fixed by the
President. The
President or person authorized by the Government shall be the Returning
Officer. (1) The Returning Officer
shall fix the date, hour and place for the following stages of the election,
namely: (a) receipt of nomination
papers; (b) scrutiny of
nomination papers; (c) receipt of voting
papers; and (d) counting of votes. At
least thirty days before the date fixed for the receipt of nomination papers,
the Returning Officer shall publish in the Official Gazette and in at least
four newspapers selected by him, a notice in Form 2 notifying the dates fixed
under rule 6 and calling upon the electors to elect new members and to send
nominations for the purposes. (1) Every registered
Pharmacist whose name appears in the electoral roll prepared under rule 4
(hereinafter referred to as the elector in this part) shall be qualified for
election under this part. (2) Candidates qualified
for election shall be proposed and seconded by pharmacists qualified as
electors. (3) The nomination papers
shall be in Form 3 and the forms shall be supplied by the President to every
candidate on his requisition. (4) Every nomination
paper duly completed and signed by the proposer and seconder and subscribed by
the candidate himself as assenting to the nomination shall be sent by post or
otherwise, so as to reach the Returning Officer on or before the date and the
time appointed under rule 6 for receipt of nomination paper. Nomination papers
received after the time so fixed shall be rejected. The Returning Officer shall
immediately on receipt of a nomination paper record thereon the date and the
time of its receipt by him. On
the date appointed for scrutiny of nomination papers, the candidates and one
proposer and seconder of each candidate may, attend at the appointed time and
place, and the Returning Officer shall give them all reasonable facilities to
examine the nomination papers which have been delivered within the time fixed
for their receipt under rule 6. (1) The Returning Officer
shall examine the nomination papers and shall decide all objections and either
on such objection or on his own motion, after such summary enquiry, if any, as
he thinks necessary, refuse any nomination for any of the following reasons,
namely: (a) that the candidate or
his proposer or his seconder is not an elector; (b) that there has been
any failure to comply with the provisions of the Act or the rules made
thereunder; and (c) that the signature of
the candidate or his proposer or his seconder is not genuine or has been
obtained by fraud. (2) Where an elector has
subscribed as proposer or seconder a larger number of nomination papers than
there are vacancies to be filled, only such of the papers so subscribed as have
been first received, up to the number of vacancies to be filled shall be deemed
to be valid; and the rest shall be deemed to be invalid and rejected. (1) The Returning Office
shall endorse on each nomination paper his decision whether the nomination
paper has been accepted or rejected; and in case the nomination paper has been
rejected the reasons therefor. (2) The scrutiny shall be
completed on the day appointed in this behalf and no adjournment of proceeding
shall be allowed. Any
candidate may withdraw his/her candidature within three days of completion of
scrutiny of nominations by notice in writing signed by him and delivered to the
Returning Officer. On
completion of the scrutiny of nominations and after the expiry of the period
within which a candidate may withdraw his candidature under rule 12, the
Returning Officer shall forthwith under his signature publish on the notice
board at the office of the Council a list of valid nominations. After
the publication of the list of valid nominations if the number of validity
nominated candidate does not, exceed the number of vacancies to be filled in,
the Returning Officer shall forthwith declare such candidates to be duly
elected to fill such vacancies, and report the names of such candidates to the
Union Territory Government. (1) When there are more
candidates than there are vacancies, the voting shall be by postal ballot. (2) The Returning Officer
shall forthwith publish the names and addresses of the contesting candidates in
the Official Gazette and on the notice board at the office of the Council. The
Returning Office shall arrange for the printing of papers in Form 4 with the
name of the contesting candidates entered therein in alphabetical order
according to the official language. (1) Twenty-one days
before the date fixed for the receipt of voting papers under rule 6, the
Returning Officer shall send to every elector by post under certificate of
posting- (a) one voting paper in
Form 4 signed by him; (b) a similar blank cover
with the words "Voting Paper" printed thereon; and (c) a larger cover
addressed to himself in Form 5. (2) The Returning Officer
shall make a mark in one copy of the electoral roll against the name of every
elector to whom a voting paper and covers have been sent. The marked copy of
the electoral roll and the counterfoils of the voting papers sent shall be
sealed in a packet immediately after the date fixed for receipt of voting
papers under rule 6. If
any elector has not received his voting paper and covers or has inadvertently
spoilt the papers or lost them, he may sent to the Returning Officer at least
seven days before the date fixed for receipt of voting papers under rule 6 a
declaration to that effect signed by himself and the spoilt papers, if any, and
require the Returning Officer to send him duplicate papers in place of those
not received, spoilt or lost. When duplicate papers are issued, a record
thereof shall be kept by the Returning Officer and a mark "Duplicate"
made on the larger cover and on the voting paper issued. The Returning Officer
shall cancel any spoilt papers received back from the elector. Any
elector whose voting paper is retuned undelivered may apply to the Returning
Officer in person for such voting paper before the date fixed for receipt of
voting papers under rule 6 and take delivery of the voting paper after
satisfying the Returning Officer of his identity and on giving a receipt. (1) On receipt of the
voting paper, an elector shall record his votes by putting crosses in column 3
of the voting paper against the names of candidate to whom he wishes to give
his votes. The elector shall have as many votes as there are vacancies and can
give only one vote each candidate. The elector shall not reveal his identity on
the voting paper by putting his signature or by any other means. (2) After recording his
vote, the elector shall put the voting paper in the smaller cover, close it and
put it in the larger cover. The elector shall then close the larger cover and
write his full name and sign at the places marked on the larger cover. The
larger cover shall be sent by post or otherwise, so as to reach the Returning
Officer on or before the date and the hour appointed under rule 6 for receipt
of voting papers. (3) Any elector, who is
under any disability which incapacitates him from recording his vote in the
above manner, may take the assistance of a Gazetted Officer or a Magistrate in
recording his votes. Such Officer shall, in such case record on the back of the
larger cover a certificate in the following manner, namely:- "I........................................................................hereby
certify (Name
of the officer) that...............................................................being
incapable (Name
of the Elector) of
recording his votes due to........................requested (cause of
incapacity) me to record his votes and I have recorded his votes according to
his desire and in his presence." Signature
.......................... Designation........................ All
covers containing voting papers shall on request be kept in a sealed box by the
Returning Officer after noting the date and time of receipt on each cover. Any
cover received after the date and time fixed for receipt of voting papers under
rule 6 shall be kept in a separate packet and shall not be opened. (1) The scrutiny and
counting of votes shall be undertaken by the Returning Officer at the time, on
the day and at the place appointed under rule 6. (2) A Candidate or not
more than one representative duly authorized by him may remain present at the
time of counting votes. (3) The whole voting
paper shall be treated as invalid in case- (a) the elector has
failed to write his full name and make his signature on the larger cover in
which the smaller cover containing the voting paper is kept; (b) the mark
"X" is placed opposite the names of more candidates than the number
of seats to be filled or if more votes are given then he is entitled to under
sub-rule (1) of rule 20; or (c) the elector has put
his signature on the voting paper or has made any other mark thereon which may
reveal his identity. (4) If the Returning
Officer receives more than one voting paper from one smaller cover, or more
than one smaller cover in any larger cover, all such voting papers shall be
treated as invalid. (5) If the mark
"X" is placed as to make it doubtful to which candidate the elector
has given his vote, the vote shall be deemed to be invalid, and the voting
paper treated as invalid. (1) When the counting of
votes is completed, the Retuning Officer shall forthwith declare the candidates
of whom the largest number of votes has been given to be elected. If there is
an equal number of votes in favour of each of two or more candidates for one
vacancy, the selection shall be determined by the Returning Officer by drawing
lots. (2) The Returning Officer
shall also inform each successful candidate by letter of his having been
elected to the Council and report to the Union Territory Government the date of
declaration of the election, and the result thereof. (3) After the result of
the election has been declared by him, the Returning Officer shall seal the
voting papers and all other documents relating to the election and shall retain
the same with himself in safe custody for a period of six months, and
thereafter cause them to be destroyed. If
there is a vacancy of a member elected under clause (a) of section 19, the
President shall, take steps to fill it up as soon as possible by election in
accordance with the procedure laid down in rule 4 to 23. REPRESENTATIVE
OF MEMBERS OF JAMMU AND KASHMIR MEDICAL COUNCIL (1) The President shall
by notice in writing inform the Medical Council for the Union Territory of
Jammu and Kashmir duly constituted under an enactment or if it is not so
constituted, any other authority exercising the functions of Medical Council
till it is constituted, that the term of office of the member is due to expire
on the date specified in the notice, such notice being given not later than
sixty days before the expiry of such term. (2) The notice shall be
sent by registered post. (3) The name of the
person elected shall within seven days of the date of election, be communicated
by Medical Council duly constituted under an enactment or any other authority
exercising the functions of Medical Council till it is constituted, to the
Union Territory Government, and to the President. As
soon as possible after the President or Vice-President, as the case may be,
ceases to hold office either because of the expiry of the term of office or for
any reason whatsoever, the Council shall proceed to elect his successor. The
Registrar shall maintain an up-to-date record book, containing the names of the
members elected or nominated on the Council the date of election or nomination
of each such Member, the terms of his office, and the date of death or
resignation, if any, of such member. The
time limit for referring any dispute regarding any election of a Member of the
President or Vice-President to the Union Territory Government shall be thirty
days in the case of elected members from the date of declaration of the result
of election and in case of the President or Vice-President from the date of
their Election. (1) The Council shall
ordinarily meet for the transaction of business in the month of February and
September in each year but the President may, whenever she/he thinks fit and
shall, upon a written requisition of not less than seven Members and on a date
not later than fifteen days after the receipt of such requisition, call an
extraordinary meeting. (2) The exact date, hour
and place of such meeting shall be decided by the President. (3) Notwithstanding
anything contained in this Part, if the President in the exercise of his/her
discretion shall deem that shorter notice is expedient, such notice shall be
sent by telegram or other more expeditious means. (1) All Members of the
council shall be given thirty clear days notice of an ordinary meeting. Every
notice shall also be posted at the office of the Council. Such notice shall
specify the date, time and place of the meeting and business to be transacted
thereat. (2) The President shall
send to all members explanatory notes on the Agenda at least ten clear days
before the date fixed for an ordinary meeting. Any
Member may send a motion to be inserted in the agenda for an ordinary meeting
so as to reach the President twenty dear days before the date fixed for the
meeting. The Registrar shall take the orders of the President for inclusion of
such motion in the Agenda, and where any motion is disallowed the reasons for
doing so shall so be communicated along with the decision to the Member who
sent the motion. At
each meeting an attendance register shall be placed in the meeting room and
every member present shall sign against his/her name in the register. At
an ordinary meeting no business or proposition other than that specified in the
Agenda and in the case of an extraordinary meeting in the written request made
for convening such meeting shall be transacted: Provided
that, the Presiding authority may permit any business or proposition to be
discussed which is an urgent nature and which could not reasonably be entered in
the notice. CHAPTER IV
CONDUCT
OF BUSINESS AT MEETINGS (1) Every meeting of the
council shall be presided over by the President or, if he is absent, by the
Vice-President or, if both President and the Vice President are absent, by a
member to be elected by the members present from among themselves. (2) All references in
this part to the President shall be read as referring to the Member fur the
time being presiding over meeting. (1) For a meeting of the
Council eight members including President shall constitute a quorum; provided
that, in the case of a meeting adjourned for want of quorum, no quorum shall be
required. (2) If at the time
appointed for a meeting, there is no quorum, the meeting shall not commence
until there is a quorum and if there is no quorum on the expiration of twenty
minutes from the time appointed for the meeting or, during the course of any
meeting, the meeting shall stand adjourned to such future date and time as the
President may appoint. All
matters for consideration at a meeting of the Council shall be decided by a
majority of votes. (1) The proceedings of
the meeting of the Council shall be preserved in the form of typed or
cyclostyled or printed minutes, which shall be authenticated after
confirmation, by the signature of the President. (2) A copy of the minutes
of each meeting shall be submitted to the President within fifteen days of the
meeting and attested by him and it shall then be sent to each member within
thirty days of the meeting. (3) The minutes of each
meeting shall contain such motion and amendments as have been moved and adopted
or negatived with the names of the mover and the seconder, but ordinarily
without any comment and without any record of observations made by any member
at the meeting. (4) If any objection
regarding the correctness of the minutes is received by the President within
thirty days of the dispatch of a copy of the minutes to a member in accordance with
sub-rule (2), such objection together with the minutes as recorded and attested
shall be put before the next meeting of the Council for confirmation. At this
meeting no question shall be raised, except as to the correctness of the
records of the meeting: Provided
that, if no objection regarding the correctness of the minutes is received by
the Registrar within thirty days of the dispatch of the copy of the minute, the
decision taken by the Council at the meeting may, if expedient, be put into
effect before the confirmation of the minutes at the next meeting. CHAPTER V
EXECUTIVE
COMMITTEE The
Executive Committee of the Council shall consist of the President who shall be
the ex officio Chairman of the Executive Committee and Vice-President, ex
officio, and three members of the Council elected by ballot at the first
meeting of the Council. Of the three members so elected there shall be at least
two Registered Pharmacists. The Executive Committee so elected shall hold
office till the election of the new Executive Committee. A
member shall cease to be a member of the Committee, (a) if he ceases to be a
member of the Council; or (b) if he remains absent
from two consecutive meetings of the Committee without the leave of the
committee. A
member may resign at any time by a notice in writing to the President. Such
resignation shall take effect from the date on which it is accepted by the
President. (1) The Council shall as
soon as there is a casual vacancy in the office of a member of the Executive
Committee fills it up by electing a member from amongst its members: Provided
that, any such vacancy, occurring within two months prior the expiry of the
term of the members shall not be filled. (2) A member elected
under sub-rule (1) shall hold office so long as the Member in whose place he is
elected would held it, if the vacancy had not occurred. In
ease of the death of the Registrar or his incapacity from illness or his
proceeding on leave for more than one month a person may with the previous
sanction of the Government be appointed by the Executive Committee to perform
temporarily the duties of the Registrar. The Executive Committee shall grant
leave to the Registrar in accordance with the provisions of the Civil Services
Rules applicable to Union Territory Government servants, from time to time. The
Committee shall ordinarily meet once in every month on such date and at such
place as may be fixed by the President. The President may, whenever she/he
thinks fit and shall, upon a written requisition of not less than two members
and on a date not later than seven days after the date of receipt of such
request call an extraordinary meeting. All
members of the Executive Committee shall be given seven clear days' notice of
ordinary meetings and three clear days notice in the case of an extraordinary
meeting. Such notice shall specify the place, date and time of the meeting, and
state whether the meeting is a general meeting or a special meeting and the
business to be transacted threat. (1) At each meeting an
attendance register shall be placed in the meeting room every member present
shall sign before his/her name in the register. (2) For a meeting of the
Executive Committee three members including President and the Vice-President
shall be a quorum. At
any ordinary meeting no business other than that specified in the notice
calling such meeting and in the case of an extraordinary meeting in the written
request made for convening such meeting shall be transacted: Provided
that, the presiding authority may permit any business to be discussed which is
of urgent nature and which could not reasonably be entered in the notice. (1) If there is no quorum
present, the presiding authority shall adjourn the meeting to another day, and
cause a notice to be posted on the notice board at the office of the Council
and sent to each member of the Committee. The business which would have been
brought before the original meeting had there been a quorum thereat shall be
brought before the adjournment meeting and may be disposed of at such meeting
whether' there be a quorum or not. (2) Any special or
ordinary meeting may, with the consent of a majority of members present, be
adjourned from time to time, but only the business left undisposed of at the
meeting from which the adjournment took place shall be transacted at the
adjournment meeting subject to the proviso to rule 46. (1) All questions at a
meeting of the Executive Committee shall be decided by a majority of votes of
the members present, and voting. (2) The presiding
authority shall have second or casting vote in all cases of quality of votes. The
Executive committee shall keep minutes of proceedings of each meeting which
shall be dealt with according to the same procedure as that indicated in
Chapter IV for the minutes of the Council. (1) The Executive
Committee shall consider all petitions of applicants addressed to the Council
and shall submit its report thereon to the Council. (2) Subject to the
provisions of the Preceding rule, all petitions addressed to the Council
immediately before or during the sessions of the Council shall be laid upon the
table. (3) The Committee shall
consider and prepare a report on any subject which may be seen to require the
attention of the Council or on such subjects as may be indicated to it by the
Council. (4) The Executive
Committee shall, before each meeting of the Council prepares the business for
the consideration of the Council. (5) The Executive
Committee shall superintend the publication of the Register of Pharmacists
which shall be prepared by the President who shall cause it to be printed. A
statement of the distribution of the copies of the Register to the Government
Offices as approved by the Government and to others as may be directed by the
Executive Committee shall be added annually to the Register as printed. (6) The Executive
Committee shall order each year such number of copies of the Register of
Pharmacists to be printed as may seem to the Registrar/Pharmacists to be
printed as may seem to the President to be required on a revision of the annual
distribution list which shall be prepared by the President. CHAPTER VI
POWERS
AND DUTIES OF PRESIDENT AND VICE-PRESIDENT The
President shall exercise such powers and perform such duties as are conferred
or imposed on him by the Act and the Rules. He shall also do such acts as
she/he considers necessary in the furtherance of the objects for which the
Council is established. If
the Office of the President is vacant or if the President for any reason is
unable to exercise the powers to perform the duties of his/her office, the
Vice-President will act in her/his place and shall exercise the powers and
perform the duties of the President. CHAPTER VII
REGISTRATION The
Register of Pharmacist to be maintained under sub-section (2) of section 29,
shall be as in Form 6 appended to these Rules. (1) The names shall be
entered in the Register in the order in which the applications for registration
are admitted end sufficient space shall be left for future additions and
alterations in the qualifications and address of each entry. (2) Each page of the
register shall be verified by the Registrar's/President signature and each
entry of renewal shall be attested by initials. (1) On the registration
of every pharmacist under the Act, the President shall grant such Pharmacist a
certificate in Form 7. (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/President under section 39 for a fresh certificate and the
Registrar/President may, if she/he thinks fit on satisfactory proof as to the
identity of the applicant, grant such certificate on payment of the fee prescribed
in rule 62 for a duplicate certificate. The certificate issued under this
sub-rule shall be marked "DUPLICATE". Every
person entitled under section 32 to be registered under the Act and desiring to
have himself/herself registered shall apply to the Registrar/President in Form
8 duly filled in and signed. Every such application shall be accompanied by the
fee prescribed therefore in rule 62. (1) The name of every
person first entered on the Register under the Act shall, subject to the
provisions contained in the Act as to the erasure of the entries and removal of
names from the Register, remain valid, if she/he deposits a fee towards
grant/retention as applicable in terms of the provisions laid down under Rule
62. (2) A person desiring to
continue her/his registration after the date mentioned in sub-rule (1), shall
remit to the Council the fee prescribed under rule 62 not later than 3 months
of such validity. The person may remit the fee for 05 years for which she/he
desires to have her/his registration renewed after paying the requisite fees
prescribed in rule 62. (3) If the registered
pharmacist fails to pay retention fee on or before the due date as referred to
in Rule 62, she/he shall be liable to pay certificate retention/late fee
calculated at the rate of Rs. 100/- as prescribed in rule 62 for every month or
part thereof up to six months, and in the event of nonpayment of such fee, the
certificate shall deemed to have been cancelled: Provided
that in case of such candidates who were holding registration as Pharmacist
under the repealed Jammu and Kashmir Pharmacy Act, Samvat, 2011, (1955 A. D.),
the validity/extension of their registration shall be governed in terms of
Executive Order issued by the competent authority (Union Territory of
J&K/J&K Pharmacy Council). (1) An application for
registration of an additional qualification under section 35 shall be in Form 9
and shall be accompanied by the fee prescribed in this behalf in rule 62 and
documents of the diploma or degrees sought to be added. (2) On registration of
the additional qualifications under sub-rule (1), the President shall grant
such Pharmacist a certificate in Form 10. (3) Certified copies of
entries in the Register in Form 11 may be issued to any person applying
therefore on payment of the fee prescribed in rule 62. An
application for a change of name of shall be made by the registered Pharmacist
himself, and shall be accompanied by the fee prescribed therefore in rule 62
and also an affidavit sworn before a magistrate stating that the applicant is
the same person whose name is registered with the particular number, and the
circumstance for which the change is sought. It
shall be the duty of every registered person who changes his address to
intimate that fact to the President within one month after such change. 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
registered during the year; (3) the number of persons
whose names are restored to the Register during the year; (4) the number of persons
whose names have been removed from the Register during the year stating the
section of the Act under which the name has been removed; and (5) the number of persons
whose names have been removed due to death during the year. CHAPTER VIII
FEES The
following fees are prescribed by the Council: (i) For the first
registration in the Register @ 3000/- (for first five years perpetually); (ii) For the first
registration in the Register for non-Residents @ 3500/- (for first five years
perpetually); (iii) For the first
registration for passing outside the @ 3500/- (for first five years
perpetually); (iv) For the first
registration from Abroad @ 3500/- (for first five years perpetually); (v) For every additional
qualification or status subsequently registered @ 1000/-; (vi) For every Good
standing Certificate @ 3,500/-; (vii) For restoration to
the Register after removal @ 3000/-; The
modalities for any discrepancy observed to decide the fee for periods not
following within the meaning of provisions mentioned in Rule, the competence
shall rest with Executive Committee of the Council whose decision shall be
final and conclusive. (viii) For annual
renewal/retentions @ 600/-; (ix) For retention late
fee @ 100/- per month up to 6 months; (x) For registration of a
change of name @ 500/-; (xi) For every certified
copy of an entry in Register @ 500/-; (xii) For a
"Duplicate" Certificate under Rule 55 (2) 1000/- for first time,
2000/- for second time and 5,000/- for third time together with stamp duty
leviable under the Indian Stamp Act, 1899, or any other Law for the time being
in force relating to the levy of the Stamp Duty. CHAPTER IX
PENAL
REMOVAL FROM THE PHARMACY REGISTER (1) The Council may suo
moto or any complaint made to it in that behalf hold an enquiry with respects
to conduct of any registered Pharmacist for the purposes of section 36. (2) Whenever information
is received that the name of a person has been in the register of Pharmacist by
error or on account of misrepresentation of a material fact or that a
registered pharmacist or a person employed by him for the purpose of his
business has been guilty of conduct which prima facie constitutes infamous conduct
in a professional respect, if such person were a registered pharmacist, the
President shall make an abstract of such information and of any further
information he may have subsequently obtained. (3) When the information
in question is in the nature of a complaint by a person or body charging the
pharmacist with infamous conduct in any professional respect, such complaint
shall be made in writing addressed to the Registrar/President and shall state
the grounds of complaint and shall be accompanied by one or more declarations
as to the fact of the case. All anonymous complaints shall be disregarded. (4) Every declaration
shall state the description and true place of abode of the declarant and where
a fact stated in a declaration is not within the personal knowledge of the
declarant the source of the information and grounds for the belief of the
declarant in its truth shall be accurately and fully stated. (1) The abstract, and
where a complaint has been lodged the complaint and all other documents bearing
on the case shall be submitted by the Registrar to the President who shall,
when he thinks this necessary, instruct the Registrar to ask the Pharmacist by
means of a registered letter for an explanation he may have to offer. (2) The document
including any explanation forwarded by the pharmacist to the
Registrar/President shall then be referred to the Executive Committee. (1) The Executive
Committee shall consider the same and shall have power to cause further
investigation to be made and further evidence to be taken and if necessary to
obtain legal or other advice. The executive Committee if it so desire may
request the Drugs Control Administration of the Union Territory and authorize
them to enquire into the matter on their behalf. (2) If the Committee is
of the opinion that a prima facie case is not made out, the case shall not be
proceeded further and the Registrar/President shall inform the complainant, if
any, of the resolution of the Committee. (3) If the Committee is
of the opinion that the circumstance suggest that a letter of warning be sent,
the Committee shall sent it. (4) If the Committee
resolves that the case is one in which an enquiry ought to be held, the
President shall direct the Registrar to take steps for the institution of an
enquiry and for having the case heard and determined by the Executive
Committee. (1) An enquiry directed
under the foregoing rule shall be instituted by the issue of a notice in
writing on behalf of the Executive Committee by the Registrar/President
addressed to the Pharmacist, such notice shall specify the nature and
particulars of the charge and inform him of the day on which the Executive
Committee intend to deal with the case and shall call upon the Pharmacist to
answer the charge in writing and to attend before the Executive Committee on
such day. The notice shall be in Form 12 with such variation as circumstances
may require and shall be sent at least three weeks before the date of enquiry.
The Registrar/President shall also inform the complainant of the date so
appointed, when the case is one under rule 63 (3). (2) Any answer, evidence
or statement forwarded or application made by the Pharmacist between the date
of the issue of the notice and the day named for the hearing of the case shall
be dealt with by the President in such manner as he shall think fit. (3) All material
documents which are to be laid before the Executive Committee as evidence of
the case shall be printed or typed or cyclostyled and a copy shall be furnished
to each Member of the Committee before the hearing of the case. (1) At the hearing of the
case by the Executive Committee, the Pharmacist and where the case is under rule
63 (3) also the complainant may be represented or assisted by a legal
representative. (2) The Executive
Committee may, if it considers necessary employ a lawyer to advise it in the
conduct of the case. When
in a case under rules 63 (3) the complainant appears personally or by a legal
representative, the following will be the order of procedure: (a) The Registrar will
read to the Executive Committee the notice of the enquiry addressed to the
Pharmacist. (b) The complainant or
his authorized representative will then be invited to state his case and to
produce evidence in support of it. (c) The Registered
Pharmacist or his authorized representative will then be invited to state his
case and to produce his evidence in support of it. He may address the Executive
Committee either before or at the conclusion of his evidence but only once. (d) At the conclusion of
the Pharmacist's case, the Executive Committee will, if the Pharmacist has
produced evidence, hear the complainant in reply on the case generally, but
will allow no further evidence except in any special case in which the
Executive Committee may think fit to allow such further evidence. If the
Pharmacist produces no evidence, the complainant will not be heard in reply
except by special leave of the Executive Committee. (e) Where a witness is
produced by any party before the Executive Committee he will be first examined
by the party producing him and then cross-examined by the adverse party, and
then re-examined by the party producing him. The Executive Committee may
decline to admit in evidence any declaration where the declarant is not present
or decline to submit to cross-examination. (f) The President and the
lawyer where any is employed by the President may put questions to the
complainant, the Pharmacist or any witness. A Member of the Executive Committee
may also put questions to them but such questions shall be put through the
President. (1) Where there is no
complainant or no complainant appears, the following will be the order of
procedure: (1) The Registrar will
read to the Executive Committee the notice of enquiry addressed to the
Pharmacist and will state the facts of the case and produces before the
Executive Committee the evidence by which it is supported. (2) The Registered
Pharmacist or his authorized representative will then be invited to state his
case and to produce evidence in support of it. He may address the Executive
Committee either before or at the conclusion of the evidence he produces, but
only once. (3) The lawyer to the
Executive Committee when one is employed, may be heard in reply if the
Executive Committee so desire. The
Executive Committee may, if they think it necessary adjourn the hearing or
further hearing of a case to another date, and inform accordingly the
Pharmacist and the complainant, where any, when they are present; and when they
are not present or when the date to which the hearing or further hearing is
adjourned is not fixed forthwith, the Registrar shall intimate to them the
date, by a letter to be sent by Registered post at least 28 days before that
date. (1) Upon the conclusion
of the hearing the Executive Committee will deliberate in private, and at the
conclusion of the deliberation, the President shall call upon the Members of
the Committee present to cast their votes on the following questions according
to the nature of the charge, namely: (a) Whether the
Pharmacist or the person employed by him for the purpose of his business of
Pharmacy, has been convicted of the offence stated in the charge; (b) Whether the
Pharmacist has been guilty of an infamous conduct in a professional respect; (c) Whether the conduct
of a person employed by him for the purpose of his business of Pharmacy has
been such as would constitute infamous conduct if such person were a Registered
Pharmacist; (d) Whether the name of
the Pharmacist has been entered in the register by error or on account of
misrepresentation or suppression of a material fact. (2) If the majority of
the Members present (including the President who shall have a casting vote in
case of equality of votes), vote in the negative, the Pharmacist shall be
discharged. (3) If the majority of
the Members present (including the President) who shall have a casting vote in
case of equality of votes), vote in the affirmative, the Committee shall
proceed to consider the punishment to be imposed. Such punishment may be either
removal of the name from the register permanently or for a specified period or
merely warning or censure to the Pharmacist: Provided
that, when the charge is that the Pharmacist has been convicted of an offence,
the Committee may, in consideration of the nature of the offence retain from
imposing any punishment on him. (4) When the decision taken
under sub-rule (3) is for removal of the name of the Pharmacist from the
register, the Executive Committee shall order that the name be removed
accordingly, after the same has been confirmed by the Council. (5) The President shall
upon the removal of any name from the Register pursuant to the provisions of
the preceding clauses or section 36 forthwith send notice of such removal to
the Pharmacist and such notice shall be sent by a registered letter addressed
to the last known address or the registered address of the Pharmacist. The
President shall also send forthwith intimation of any such removal to the
Licensing Authority of the Union Territory under the Drugs and Cosmetic Act,
1940, and also the Dean or Secretary or other proper Officer of any body or bodies
from which the Pharmacist has received his qualifications as well as to the
President of all the State/Union Territory Councils. CHAPTER X RESTORATION
AND RE-ENTRY OR NAME IN THE REGISTER IN PHARMACISTS The
Executive Committee may, on application received from a person whose name has
been removed from the Register under Section 34, direct the President if it
thinks fit to re-enter the name in the Register. The
application for re-entry, if a name is removed from the Register under section
34, shall be in Form 13 and shall be accompanied by the following documents,
namely: (a) applicant's diploma,
degree or experience certificate or certificate of educational qualification; and (b) his certificate of
registration in original if the same has not been already returned under
sub-section (5) of section 36. Any
person whose name has been removed from the Register under section 36 but who
still possesses a qualification entitling him to be registered under the Act,
may make an application to the Council for the restoration of his name in the
Register and the following procedure shall be followed in the case of every
such application, namely: (1) The application shall
be in writing addressed to the Council and signed by the applicant and shall
state the grounds on which the application is made; (2) The application shall
be accompanied by, (a) a declaration made by
the applicant setting forth the facts of the case and stating that he is the
person originally registered; and (b) by one of the
following documents (i) applicant's
diploma/degree; (ii) his certificate of
registration in original if the same has not been already returned by him in
accordance with the provisions of sub-section (5) of section 36; (iii) a certificate in
Forrn 14 from two Pharmacists registered under the Act as to his identity. (3) The statements in the
application shall also be verified by certificates in writing to be given by
two Pharmacists registered under the Act who are residents in the neighborhood
of the place where the applicant has been residing since the removal of his
name and who were and are well acquainted with him before and since the removal
of his name. They shall testify to his present good character. (4) The application and
the certificates referred to in sub-rules (2) and (3) shall be in Forms 15 and
16 with such variation as circumstances may require. (5) Application for
restoration to the Pharmacy Register of a name removed under section 36 shall be
entertained at the next session of the Council. (6) Before the
application is considered by the council, the President shall notify the same
to the Licensing Bodies whose qualifications were held by the applicant at the
time his name was removed; and shall further by letter addressed to the person
or body (if any) on whose complaint the applicant's name was removed, give
notice of the application and of the time when the Council intends to consider
the applicant. (7) The Council shall
consider the application and may, if it thinks the consideration of it to a
future date or require further evidence or explanation from the applicant. (8) On restoration of a
name in the register of Pharmacists, the President will forthwith send
intimation of such restoration to the Licensing Authority under the Drugs and
Cosmetic Act, 1940, and also to the Dean or Secretary or other Officer of any
body or bodies from which the Pharmacist has received his qualification or
qualifications as well as to the Registrars/Presidents of all the State/Union
Territory Councils. CHAPTER XI REGISTRAR
AND MANAGEMENT OF OFFICE The
post of the Registrar shall be of a permanent tenure. To be eligible for
appointment to that Post, a candidate must possess a degree either Pharmacy or Science
of a University established by Law and must have adequate administrative
experience. Preference will be given to a candidate possessing a degree in
Pharmacy. Possession of a degree in Law of a University established by law
shall be considered as an additional qualification. In the case of new
appointment there shall be a probationary period of one year. The Registrar
shall be full-time Officer of the Council: Provided
that the President of the Council may authorize any Member to discharge the
duties for the said post, till such time a permanent arrangement for the post
of Registrar is made or perform such duties from his own. (1) The Registrar shall
keep the Pharmacy Register in accordance with the provisions of the Act and
these rules. (2) The Registrar shall
be present at every meeting of the Council and of the Executive Committee and
shall take minutes at such meetings. (3) The Registrar shall
act as Secretary of the Council, shall conduct and have charge of the
correspondence of the Council, and shall issue all requisite notice in the
manner required under these rules. (4) The Registrar shall
fulfill all the duties that may be required by him by the Act and these rules. Public
holidays except the Office of the Registrar shall be kept open during the days
when Union Territory Government Office are kept open with 5 days a week from
Monday to Friday. The Registrar shall not absent himself from duties except
with the permission from the President. The President shall grant leave to the
Registrar in accordance with the principles laid down in the Jammu and Kashmir
Civil Service Rules, 1956. (1) The Registrar may
obtain whatever temporary additional assistance that may be required by him,
with the previous sanction of the President/Council. (2) The Registrar shall
have the general control of the management of the Office, authority over the
Treasurer, Section Officer, Clerks and other servants. (1) Subject to the
provisions of this section, a nominated or elected member, other than a
nominated President shall hold office for a term of five years from the date of
his nomination or election or until his successor has been duly nominated or
elected, whichever is longer. (2) A nominated or
elected member may at any time resign his membership by writing under his hand
addressed to the President, and the seat of such member shall thereupon become
vacant. (3) A nominated or
elected member shall be deemed to have vacated his seat if he is absent without
excuse sufficient in the opinion of the Union Territory Council from three
consecutive meetings of the Union Territory Council, or if he is elected under
clause (a) or (c) of section 19 or 21 of the Pharmacy Act, 1948 or if he ceases
to be a registered pharmacist or causes to be a member of the Medical Council
duly constituted under an enactment or Council of Medical Registration for the
Union Territory of Jammu and Kashmir, as the case may be. (4) A casual vacancy in
the Council shall be filled by fresh nomination or election, as the case may
be, and the person nominated or elected to fill the vacancy shall hold office
only for the remainder of the term for which the member whose place he takes
was nominated or elected. (5) No act done by the
Council shall be called in question on the ground merely of the existence of
any vacancy in, or any defect in the constitution of, the Council. (6) Members of the
Council shall be eligible for re-nomination or re-election. The
Council may, with the previous sanction of the Government, (a) appoint a Registrar
who shall also act as Secretary and, if so decided by the Council, Treasurer of
Council; (b) appoint such other
officers and servants as may be required to enable the Council to carry out its
functions under this Act; (c) fix the salaries and
allowances and other conditions of service of the Secretary and other officers
and servants of the Council; (d) fix the rates of
allowances payable to members of the Council: Provided
that for the first four years from the first constitution of the Council, the
Registrar shall be a person appointed by the Government, who shall hold office
during the pleasure of the Government. CHAPTER XII COMMON
SEAL The
common seal of the council shall be kept in a box having two different locks
and the key of one of these locks be in the custody of the President and the
key of the other lock in the custody of the Registrar who shall further
authorize any responsible person from the ministerial staff for holding the
same in a safe custody. (1) The seal shall be
affixed only by the Council or, when the Council is not sitting, by order of
the Executive Committee, but its use by such committee shall be limited to such
acts as may be necessary to carry into effect the powers delegated and duties
entrusted to it by the Council. (2) Any order for
affixing the seal shall state the object of its use, and shall be entered in the
minutes of the Council of the Executive Committee, as the case may be. CHAPTER XIII ACCOUNTS The
Council is authorized to receive for the purpose of its expenses, benefactions
and contribution from private persons and bodies already proceeds of the sale
of reports and other publications. All credits/debits in the account
(Revenue/Donations/Fee) shall be made through online module i.e. (Internet
Payment Gateway). Bank charges on account of transactions shall be borne by the
Bank/end-users. An
account shall be opened in the Jammu and Kashmir Bank or State Bank of India
(any nearest branch) located in the name of the Council and such of its money
may be invested also in Government as the Executive Committee thinks fit. The
treasurer appointed under section 26 shall furnish a security for 1,000/- or
shall execute a fidelity bond for a similar amount to the satisfaction of the
Council. He shall receive all moneys payable to the Council, or deposited in
the manner provided in rule 83. (1) The treasure shall
superintend the details of income and expenditure of the Council and shall at
each ordinary meeting of the Executive Committee submit a Financial Statement
showing the transaction of the Council for the month previous to one in which the
meeting is held. This statement shall if possible be sent out with the notice
calling the meeting. (2) The Treasurer shall
in the month of July in each year prepare a statement of the income and
expenditure of the preceding financial year ending 31st March, and draw the
attention of the Council to such matters as seems deserving the notice. As
soon as possible after the statements of income and expenditure of the
preceding financial year ending 31st March are approved, the President of the
Council are authorized to audit the accounts from the empanelled Chartered
Accountant. (1) The annual accounts
and estimate for the next financial year shall be made up by the treasurer and
laid before the Executive Committee by the Registrar. (2) In the month of
February, in each year, an estimate of the revenue and of the expenditure of
the Council for the year commencing on 1st April next ensuring shall be laid
before the Council. (3) Such estimate shall
make provision for the fulfillment of the liabilities of the Council and for
effectually carrying out its objects. It shall include on its revenue side,
besides all revenue ordinarily anticipated, such grant as Government may allot
and all fees received from registration and other sources. The
Council may at any time during the year for which any estimate 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
Council in the same manner as if it were an original annual estimate. No
expenditure shall be incurred by the Council which is not duly provided for in
the budget or in a supplementary budget estimate. A
bill or either voucher presented as a claim for money shall be received and
examined by the treasurer. If the claim be for a sum not exceeding Rs. 500/-
and the bill is in order, he shall pay it. If the claim be for a sum exceeding
Rs. 500/- payment shall be made after it is sanctioned by the President. The
treasurer shall immediately bring into account in the general cashbook all
money received or spent by the Council. All
Cheques/Invoices on the Bank shall be signed by the President or his nominee.JAMMU
AND KASHMIR PHARMACY COUNCIL RULES, 2020
PREAMBLE