In exercise of the powers
conferred by Section 46 of the Pharmacy Act, 1948 (Central Act 8 of 1948), the
Government of Karnataka hereby makes the following rules, namely. PART I PRELIMINARY (1) These rules may be called the Karnataka State Pharmacy Council Rules,
1968. (2) They shall come into force from the date of publication in the Karnataka
Gazette. In these rules, unless the
context otherwise requires. (a) "Act" means the Pharmacy Act, 1948 (Central Act 8 of 1948); (b) "Council" means the Karnataka State Pharmacy Council
constituted under Section 19; (c) "Dispensing" in relation to a medicine or a poison means
supplying a medicine or a poison on and in accordance with the prescription
duly given by a Registered Medical Practitioner, a Registered Dentist or a
qualified Veterinary Surgeon; (d) "Executive Committee" means the Executive Committee of the
Council constituted under sub-section (1) of Section 27; (e) "Form" means a form appended to these rules; (f) "Government" means the Government of Karnataka; (g) "Ministerial staff" means the officers and servants appointed
under clause (b) of Section 26; (h) "President" means the President of the Council; (i) "Registrar" means the Registrar appointed under Section 26; (j) "Returning Officer" means the Returning Officer appointed by
the Government for conducting elections under Chapter III of the Act; (k) "Section" means a section of the Act; (l) "Treasurer" means the Treasurer referred to in clause (a) of
Section 26. PART
II ELECTION
OF MEMBERS OF THE STATE PHARMACY COUNCIL ELECTION UNDER SECTION 19(a) (1)
In the case of election
held for the first time under clause (a) of Section 19, the Returning Officer
shall issue a notice to the electorate apprising it of the election and
requiring it to elect the members within the date mentioned in the notice. Such
notice shall be published in the Karnataka Gazette and in such other manner as
the Returning Officer thinks fit. The Returning Officer shall also publish in
the Karnataka Gazette a notice in Form A inviting nominations. (2)
In case of elections
other than those held for the first time under clause (a) of Section 19, the
President shall as soon as conveniently may be, after the appointment of the
Returning Officer, issue a notice to the electorate apprising it of the vacancy
and requiring it to elect the members within the date mentioned in the notice.
Such notice shall be published in the Karnataka Gazette and in such other
manner as the President thinks fit. On the publication of such notice, the
Returning Officer shall forthwith publish in the Karnataka Gazette a notice in
Form A inviting nominations. (3)
The Council (or the
Government in the case of first election) shall appoint and shall notify in the
Karnataka Gazette and in such other manner as it thinks fit for. (a)
the last date for the
receipt of nomination papers; (b)
the date and time for
the scrutiny of nomination papers; (c)
withdrawal of
candidature; (d)
the date for the final
publication of the names of candidates; (e)
the last date for the
despatch of voting papers under Rule 10(1); and (f)
the last date for the
receipt of voting papers and the counting of votes. (1)
The first register
published under sub-section (4) of Section 30 as amended in the manner
specified in sub-section (5) of Section 30 shall be the final electoral roll
for the first election under Section 19(a). (2)
The register, as last
printed under Section 40, together with the list or lists published by the
Returning Officer of Pharmacists registered subsequent to the printing of the
Register, shall be the final electoral roll for the subsequent election under
clause (a) of Section 19. (3)
Copies of the electoral
roll containing the name, qualification and addresses of the electors shall be
made available for sale at a price [1][fixed by
the Executive Committee from time to time]. (1)
Any person who is
qualified for election to the Council under clause (a) of Section 19 may be
nominated as a candidate for such election. (2)
Every candidate
qualified for election must be proposed and seconded by persons qualified as
electors. The nomination papers should be in Form B. No elector shall propose
or second the nomination of more persons than are required to fill up the
vacancy or vacancies: Provided that if more
nominations than are required to fill up the vacancy or vacancies be subscribed
by the same elector, the prescribed number of nomination papers equal to the
number of vacancy or vacancies, first received by the Returning Officer, or a
person authorised by him, shall, if otherwise in order, be held to be valid,
and if more than the prescribed number of nominations than are required to fill
up the vacancy or vacancies, signed by the same elector are received
simultaneously by the Returning Officer, or a person authorised by him, all
nominations subscribed by him shall be held to be invalid. (3)
On receipt of each
nomination paper, the Returning Officer or a person authorised by him, shall
form with endorse thereon the date and hour of receipt (4)
The candidate shall sign
the nomination paper declaring that he is willing to serve on the Council, if
elected, failing which the nomination shall be invalid. (a)
On or before the date
appointed for the receipt of nomination paper every candidate wishing to stand
for election shall deposit with the Returning Officer or a person authorised by
him a fee of one hundred rupees in cash, and no candidate shall be deemed to be
duly nominated unless such deposit has been made. (b)
If a candidate by whom
the deposit referred to in clause (a) above has been made, withdraws his
candidature in the manner and within the time specified in sub-rule (1) of Rule
8 or if the nomination of any such candidate is rejected, the deposit shall be
returned to the candidate. (c)
If a candidate by whom
the deposit referred to in clause (a) has been made is not elected and the
number of votes polled in his favour does not exceed l/8th of the total number
of votes polled, the deposit shall be forfeited to the Council. (d)
For the purpose of
clause (c) the number of votes polled shall be the number of voting papers
counted as valid by the Returning Officer. (e)
The deposit made by a
candidate whether he is elected or not, shall, if not forfeited under clause
(c) be returned to the candidate as soon as may be after the publication of the
result of the election in the Karnataka Gazette. (1)
On the day appointed for
scrutiny of nomination papers, the Returning Officer shall scrutinise the
nomination papers received by him or by the person authorised by him, at a
place appointed by the President or by the Returning Officer at such time as
may be specified by him. Any candidate may be present either in person or by an
accredited representative at the time of such scrutiny. On completion of
scrutiny of nominations, and after the expiry of the period within which the
candidature may be withdrawn under sub-rule (1) of Rule 8, the Returning
Officer shall forthwith declare the names of the candidates whose nomination
papers are held valid by him. (1)
Any candidate may
withdraw his candidature by notice in writing signed by him upto 12 noon on the
5th day from the last date for receipt of nomination papers/ the said last date
being counted as the first day. Such notice shall not be valid unless it is
delivered to the Returning Officer or a person authorised by him or sent to him
by post or otherwise received by the Returning Officer, before the time and the
date appointed for such purpose. A candidate who has withdrawn his candidature
shall not be allowed to cancel the withdrawal. (2)
The Returning Officer
shall, on receiving notice of withdrawal, cause it to be published in the
Karnataka Gazette. (1)
If the number of
candidates who stand duly nominated is equal to the number of members to be
elected, the Returning Officer shall, after the expiry of the time for
withdrawal of candidature, declare such candidate or candidates to be duly elected. (2)
If the number of such
candidates is less than the number of members to be elected, the Returning
Officer shall after the expiry of the time for withdrawal of candidature
declare such candidate, if any, or all such candidates to be duly elected and
the Registrar shall in accordance with the provisions of Rule 47 take steps to
fill up the remaining vacancy or vacancies. (3)
If the number of such
candidates exceeds the number of members to be elected, the Returning Officer
shall forthwith publish their names and addresses in the Official Gazette and
shall further cause their names to be entered in alphabetical order in the
voting papers in Form C. (1)
If a poll is found
necessary, the Returning Officer shall, two weeks before the date appointed
therefor, send by post, each elector a letter of intimation in Form P together
with the numbered declaration paper in Form D, and a voting paper in Form C
containing the names of candidates in alphabetical order and bearing the Returning
Officer's initials or facsimile signature, a voting paper cover addressed to
him (Returning Officer) and an outer envelope also addressed to him. A
certificate of posting shall be obtained in respect of each such letter of
intimation sent to an elector. (2)
An elector who has not
received his voting paper and other connected papers sent to him by post, or
whose papers before they are despatched back to the Returning Officer, has been
inadvertently spoilt in such manner that they cannot be conveniently used, or
who has lost his papers may, on his transmitting to the Returning Officer a
declaration to that effect signed by himself, require the Returning Officer to
send him duplicate papers in place of those not received, spoilt or lost
provided that spoilt papers shall be returned to the Returning Officer who
shall cancel them on receipt. (3)
In every case where new
papers are issued under sub-rule (5), a record thereof shall be kept by the
Returning Officer and a mark "Duplicate" shall be placed on the outer
envelope which will bear the same serial alphabetical number as was originally
given to the said elector. The voting papers issued in such cases shall also be
marked ''Duplicate''. (4)
No election shall be
invalidated by reason of an elector not receiving his voting paper provided
that a voting paper has been issued to him in accordance with these rules. (1)
Every elector desirous
of recording his vote shall after filling up the declaration paper and the
voting paper according to the directions given in the letter of intimation
enclose the voting paper in the voting paper cover, stick up the cover, enclose
the cover and the declaration paper in the outer envelope addressed to the
Returning Officer and send the outer envelope by registered post at the
electores own cost so as to reach the Returning Officer not later then 5 p.m.
on the day fixed for the poll and all such envelopes shall be kept by the
Returning Officer in sealed boxes. All envelopes received after that date and
hour, or received by un-registered post shall be rejected. (2)
On receipt of the
envelopes by registered post containing the declaration papers and the closed
cover containing the voting paper, the Returning Officer shall endorse on the
outer envelope the date and hour of receipt. (1)
The Returning Officer
shall open the outer envelopes on the date fixed for the counting of votes
under Rule 3(3). Any candidate may be present in person or may depute a representative
duly authorised by him in writing to be present at the time of scrutiny and
counting of votes. (2)
A voting paper cover
shall be rejected by the Returning Officer if, (a) the outer envelope contains
no declaration paper outside the voting paper cover; or (b) the declaration
paper is not the one sent by the Returning Officer; or (c) the declaration
paper is not signed by the elector, or (d) the voting paper is placed outside
the voting paper cover N.P.; or (e) more than one declaration paper or voting
paper cover have been enclosed in one and the same outer envelope. In each case
of rejection, the word "rejected" shall be endorsed on the voting
paper cover and declaration paper. (3)
After satisfying himself
that the electors have affixed their signature to the declaration papers, the
Returning Officer shall keep all the declaration papers in safe custody pending
disposal under Rule 16. (1)
All the voting paper
covers, other than those rejected under Rule 12(2) shall be opened and the
voting papers taken out and mixed together. The voting papers shall then be
scrutinised and the valid votes counted. A voting paper shall be Invalid, if
(a) it does not bear the Returning Officer's initials or facsimile signature;
or (b) the voter signs his name or writes a word or makes any mark on it by
which it becomes recognisable as his voting paper; or (c) no vote is recorded
thereon; (d) the number of votes recorded thereon exceeds the number of
vacancies to be filled; or (e) it is void for uncertainty of one or more votes
exercised: provided that where more than one vote can be given on the same
voting paper, if one of the marks is so placed as to render it doubtful to
which candidate it is intended to apply, the vote concerned, but not the whole
voting paper shall be invalid on that account. (2)
Any candidate may be
present in person or may send a representative duly authorised by him in
writing to watch the process of scrutiny. (3)
The Returning Officer
shall show the voting papers, if requested to do so, to the candidates or their
authorised representatives at the time of scrutiny and counting of votes. (4)
If any objection is made
to any voting paper on the ground that it does not comply with the specified
requirements or, to any rejection by Returning Officer of a voting paper it
shall be decided at once by the Re-turning Officer whose decision shall be
final. (5)
The President, shall
nominate such number of scrutinisers not exceeding four as he thinks fit In the
case of elections held for the first time under the Act, the scrutinisers shall
be persons who are class II Officers of the Drugs Control Department of the
Government of Karnataka, and in case of other elections, members of the
Council. (1)
Voting papers which are
not rejected under Rule 13(1) shall be counted by the Returning Officer with
the help of scrutinisers. Candidates or their representatives duly authorised
in writing may be present at the time of counting. (2)
When the counting of the
votes has been completed, the Returning Officer shall forthwith declare the
candidate, to whom highest number of votes have been given to be elected and
shall forthwith inform the successful candidate by a letter of his being
elected to the Council. If any candidate thus shown to be elected has withdrawn
from the election, or refuses to accept the election, then that one of the
remaining candidates to whom the next highest number of votes have been given
shall be held to have been elected in the place of withdrawing candidate, and
so on, for as many of the remaining candidates as there may be vacancies caused
in this way. When ah equality of votes
is found to exist between any candidates and the addition of a vote will
entitle any of the candidates to be declared elected, the determination of the
person to whom such one additional vote shall be deemed to have been given
shall be made by lot to be drawn by the Returning Officer and in such manner as
the President or the person authorised by him in this behalf may determine. Upon the completion of
the counting and after the result has been declared by him, the Returning
Officer shall seal up the voting papers and all other documents relating to the
election and shall retain the same for a period of six months and the Council
shall not destroy or cause to be destroyed the records, even after six months,
without the previous concurrence of the Government (1)
The Returning Officer
shall publish the results of the election in the Karnataka Gazette in the case
of first elections to the Council and also send a report to the Government
about the election. (2)
In the case of elections
other than those held for the first time under the Act, the Returning Officer
shall inform the President of the results of the election who shall then publish
the same in the Karnataka Gazette and Returning Officer shall also send a
report to the Government about the election. (1)
An election petition
calling in question any election shall be presented to the Returning Officer by
any candidate or elector at such election within seven days from the date of
publication of the result under Rule 15. (2)
An election petition
shall be presented in person by the person making the petition or by any one
authorised by such person in writing in this behalf, or shall be sent by
registered post acknowledgement due. The Returning Officer shall give a written
acknowledgement for every petition presented in person. (3)
The Returning Officer
shall forward an election petition in original to the Government together with
his remarks thereon, if any, within a week of its receipt by him. (4)
On receipt of an
election petition or petitions from the Returning Officer, the Government may,
if it deems fit, appoint a person to enquire into the matter and make a report
to them. (5)
Before giving its
decision under Section 24, the Government shall give to all the parties
concerned a reasonable opportunity of being heard. Election of a member by
the Karnataka State Medical Council under clause (c) of Section 19 shall be
conducted at a meeting of the Karnataka Medical Council in accordance with the
regulations of that Council. (1)
The President and the
Vice-President of the Council shall be elected at a meeting of the Council. At
the meeting held for the election of the President, before proceeding with such
election members present shall elect a temporary Chairman by a ballot if
necessary, which ballot shall be taken by the Registrar. The meeting shall then
proceed to the election of the President which shall be by ballot. It shall be
competent for any member to nominate a member for the Office of the President
and the temporary Chairman shall announce the names of members so nominated and
arrange for a ballot. Every vote which shall be given at such a ballot for a
person who has not been nominated shall be wholly void and ineffectual. Should
only two persons be nominated, the voting on the first ballot shall be final except
in the case of equality of votes. If more than two persons are nominated, the
candidate obtaining the lowest number of votes at the first ballot shall be
eliminated until only two remain when the ballot shall be final except in case
of equality of votes provided that if one of the candidates secures more than
50 per cent of the votes cast, he shall be declared elected. In the case of an
equality of votes, a further ballot shall be taken and if that be indecisive
the selection shall be decided by the drawing of lots. (2)
The President having
been elected has taken the Chair, the members will proceed to elect the
Vice-President the procedure laid down in sub-rule (i) being followed except
that in the cafe of equality of votes the President shall have casting vote. PART III MEETING OF
THE COUNCIL AND TRANSACTION OF BUSINESS (1) The Council shall ordinarily meet twice, preferably in February and
September in a Calendar year on such date and in such place as may be fixed by
the President, provided that the President. (i) may call a special meeting at any time on fifteen days' notice to deal
with an urgent matter requiring the attention of the Councils; and (ii) shall call a special meeting on fifteen days' notice if he receives a
requisition in writing signed by not less man 6 members of the Council and
stating the purpose of the meeting other than that is mentioned in Rule
24(l)(b) and being a purpose within the scope of the Councils function, for
which they desire, the meeting to be called. (2) At the special meeting called by the President in the exercise of his
discretion under Rule 21(i), only the subject or subjects for consideration of
which the meeting has been called shall be discussed unless the Council by a
resolution agree to consider any other subject. (1) Notice of every meeting shall be sent to each member by ordinary post by
the Registrar, unless the President in exercise of his discretion shall deem
shorter notice expedient in which case such notice shall be sent by telegram or
other more expeditious means. (2) Notice of every meeting other than a special meeting called under Rule
21 or under the first proviso to Rule 24(l)(b) shall be despatched by the
Registrar to each member of the Council thirty days before the date of the
meeting, (3) (i) The Registrar shall issue with a notice of the meeting, a
preliminary agenda paper showing the business to be brought before the meeting,
the terms of all motions to be moved for which notice in writing has previously
readied him and the names of the movers. (ii) A member who wishes to
move any motion not included in the preliminary agenda paper or an amendment to
any item so included shall give notice thereof, to the Registrar not less than
twenty clear days before the date fixed for the meeting. (iii) The Registrar shall, not
less than fifteen clear days before the date fixed for the meeting, in the case
of a special meeting with a notice of the meeting, issue a complete agenda
paper showing the business to be brought before the meeting. (iv) A member who wishes to
move an amendment to any item included in the complete agenda paper, but not
included in the preliminary agenda paper shall give notice thereof to the
Registrar not less than three clear days before the date fixed for the meeting. (v) The Registrar, shall if
time permits, cause a list of all amendments of which notice has been given
under- clause (iv) to be made available to the use of every member: Provided that the President,
may, if the Council agrees, allow a motion to be discussed at a meeting
notwithstanding the fact that notice was received too late to admit of
compliance of this rule: Provided' further that nothing
in these rules shall operate to prevent the preference by the Executive
Committee of any matter to the Council at a meeting following immediately or
too soon after the meeting of the Executive Committee to permit of the notice
required under this rule. (4) The President whenever it appears to him unnecessary to convene a
meeting, may, instead of so doing circulate a written proposition with the
reasons for such proposition for observations and votes of the members of the
Councils, such proposition being decided according to the majority of the votes
and a minute recording it being added to the minutes of the Council. The first meeting of the
Council held in any Calendar year shall be the Annual meeting of the Council
for that year. (1) A motion shall not be admissible (a) if the matter to which it relates is not within the scope of the
council's function. (b) if it raises substantially the same question as a motion or amendment
which has been moved and withdrawn with the leave of the council within one
year of the date of the meeting at which it was designed to be moved: Provided that such a motion
may be admitted at a special meeting of the council convened for the purpose on
the requisition of not less than two-thirds of the members of the Council: Provided further that nothing
in these rules shall operate to prohibit the further discussion of any matter
referred to the Council by the Government in the exercise of any other
functions under the Act; (c) unless it is clearly and precisely expressed and raises substantially
one definite issue; and (d) if it contains inferences, ironical expressions or defamatory
statements. (2) The President shall disallow any motion which in his opinion is
inadmissible under sub-rule (1): Provided that if a motion can
be rendered admissible by amendment, the President may in lieu of disallowing
the motion admit it in an amended form. (3) When the President disallows or amends a motion the Registrar shall
inform the member who have notice of the motion of the order of disallowance
or, as the case may be, of the form in which the motion has been admitted (1) Every meeting of the Council shall be presided over by the President or
if he is absent, by the Vice-President and if both the President and the
Vice-President are absent, by a Chairman to be elected by the members from
among themselves. (2) All references in the following rules in this Part to the President
shall be read as referring to the person for the time being presiding over a
meet- The Quorum for every meeting
of the Council shall be seven persons including the President: Provided that if a meeting is
adjourned to a subsequent date to consider the business left incomplete, the
quorum for such adjourned meeting shall be four members: Provided further that if a
meeting is adjourned for want of quorum, intimation of that fact shall be given
to the members absent. 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 is not present on the expiration of 20 minutes from
the time appointed for the meeting or during the course of any meeting, the
meeting shall stand adjourned to such future time and date as the President may
appoint. (1) Every matter to be determined by the Council shall be determined on a
motion moved by member and put to the Council by the President. (2) Votes 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 ask for
it. (3) The President shall determine the method of taking votes by division. (4) The result of the vote shall be announced by the President and shall not
be challenged. (5) In the event of an equality of votes, the President shall have and
exercise a second or a casting vote. (6) In all cases where a division has taken place, any member of the Council
may require that the names or the number or the names and number of majority,
of the minority, of those who declined to vote and of those who are absent, be
entered in the minutes. When motions identical in
purport stand in the names of two or more members, the President shall decide
whose motion shall be moved and the other motion or motions shall thereupon be
deemed to be withdrawn. (1) Every motion or amendment shall be seconded and if not seconded, shall
be deemed to have been withdrawn. (2) When a motion has been seconded, it shall be stated from the Chair. (3) When a motion has been thus stated, it may be discussed as a question to
be resolved either in the affirmative or in the negative or any member may,
subject to sub-rules (4) and (5) move an amendment to the motion: Provided that the President
shall not allow an amendment to be moved, which if it had been a substantive
motion, would have been inadmissible under these rules. (4) (a) An amendment must be relevant to and within the scope of the motion
to which it is proposed (b) An amendment may not be
moved which has merely the effect of a negative vote. (c) The President may refuse
to put an amendment which is, in his opinion frivolous. (5) A motion may be amended by (a) the omission, insertion or addition of words, or (b) the substitution of words for any of the original words. (6) (a) When a motion or amendment is under debate, no proposal with
reference thereto shall be made other than. (i) a motion or amendment in the manner laid down in sub-rules (1) to (3); (ii) a motion for the adjournment of the debate on the motion or amendment
either to a specified date and hour or sine die} (iii) a motion for the closure, namely, a motion that the question be now put; (iv) a motion that the Council instead of proceeding to deal with the motion,
do 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 further that no
motion of the nature referred to in item (ii), (iii) or (iv) shall be moved or
seconded by a member who has already spoken on the question then, before the
meeting: Provided also that a motion
referred to in item (iii) or (iv) shall be moved without speech. (b) It shall be in the
discretion of the President to put or refuse to put to the Council a proposal
of the nature referred to in item (ii) of clause (a). (c) Unless the President is of
opinion that a motion for closure 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 debate shall
be put forthwith: Provided that the President
may allow the mover of the substantive motion to exercise his right of reply
before the substantive motion under debate is put. (7) A. proposal to adjourn the Council to a specified date and hour may be
made at any time if it does not interrupt a speech. It shall however be in the
discretion of the President to put or refuse to put such a proposal to the
Council. (8) A motion or an amendment which has been moved and seconded shall not be
withdrawn save with the leave of the Council which shall not be deemed to be
granted whether a single member can prevent the majority decision to grant
leave. (9) 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 seconder of
a motion or an amendment may, with permission of the President, himself confine
himself to seconding the motion or amendment as the case may be, and speak
thereon at any subsequent stage of the debate. (10) During the meeting, the President may, at any time, make any objection
or suggestion or give information to elucidate any point to help the members in
the discussion. (11) (a) 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 members shall speak more than once to any debate except, with the
permission of the President for the purpose of making a personal explanation or
of putting a question to the member then addressing the 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 the point: Provided further that a member
who has spoken on a motion may speak again on an amendment subsequently moved
to the motion. (b) No member shall, save with
the permission of the President, speak for more than five minutes: Provided that the mover of
motion when moving the same may speak for ten minutes. (c) A speech shall be strictly
confined to the subject-matter of the motion or amendment on which it is made. (d) Any motion or amendment
standing in the name of a member who is absent from the meeting or unwilling to
move it may be brought forward by another member with the permission of the
President; (12) (a) 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 Council thereon, state or read to the Council the terms of the
original motion and of the amendment or amendments proposed. (b) An amendment to a motion
shall be put to the vote first (c) If there be more than one
amendment to a motion, the President shall decide in what Order they shall be
taken. (13) When any motion involving several points has been discussed, it shall be
in the discretion of the President to divide the motion, and put each or any
point separately to the vote as he may think fit: (1) The President, after stating reasons, may at any time, adjourn any
meeting to any future day or to 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 adjourned to a future day, the President may change
such day to 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, any motion standing over from
the previous day shall, unless the President otherwise directs, take precedence
over other matter 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 change in the order of business on the agenda. If the 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 at an adjourned meeting. (7) The quorum for an adjourned meeting shall be as specified in Rule 26. (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 the procedure in respect of the
matter, for which these rules make no provision, the President shall decide the
same and his decision shall be final. (3) A member desiring to make any observations, on the master before the
Council shall speak from his place, shall rise when he speaks, and shall
address the President. (4) If, at any time, the President rises any member speaking shall
immediately resume his seat. (5) No member shall be heard except upon the business before the Council. PART IV APPOINTMENT
OF MEMBERS OF THE COUNCIL A book shall be kept
containing the names of the members of the Council, the electorate they
represent, the date of appointment of each member, the term for which he was
appointed and the date of the death or retirement of each member, and such book
shall be regularly kept up so as to show the period at which each of the bodies
that has power to appoint should proceed to a new appointment, and the same
procedure shall be observed with regard to members appointed by the Government. (1) Within a week of the occurrence, of a vacancy, otherwise than by the
expiry of the term of office, the Registrar shall give intimation thereof to
the President and also. (a) in the case of a vacancy to be filled by election under Section 19(a),
to the Government; (b) in the case of vacancy to be filled by nomination under Section 19(b) to
the Government; and (c) in the case of a vacancy to be filled by election under Section 19(c),
to the Karnataka Medical Council. (2) In the case of a vacancy occurring by the expiry of a term of office of
a member, intimation thereof to the authorities referred to in sub-rule (1)
shall be given by the Registrar not less than two months before the date on
which the vacancy will occur. (3) Ninety days before the expiration of the term of office of any member,
the Registrar shall draw the attention of the President to the impending
vacancy so as to enable him to take necessary action. PART V MINUTES OF
THE COUNCIL (1) The Proceedings of the meetings of the Council shall be preserved in the
form of 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. Copies shall
then be sent to each member within thirty days of the meeting. (3) The minutes of the 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 without any record of observations made by any member at the
meeting. (1) If any objections regarding the correctness of the minutes are received
within thirty days of the despatch of the minutes by the Registrar, such objections,
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 be
raised except as to the corrections of the records of the meeting: Provided that if no objections
regarding decision taken by the Council at a meeting are received within thirty
days of the despatch 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 further, that the
President may direct that action be taken on a decision of the Council before
the expiry of the period of thirty days mentioned above. (2) The minutes of the Council shall as soon as is practicable after their
confirmation be made up in sheets and consecutively paged for insertion in a
volume which shall be permanently preserved. A copy of each volume shall be
supplied free to each member of the Council. A report shall be kept of the
observations, and of the discussions at the meetings of the Council in as
accurate a manner as possible for the use of the members of the Council. The
detailed proceedings of title meetings which shall be treated as confidential
shall be kept in the office and shall be open for members for inspection. A
copy of the proceedings in whole or in part shall be supplied to any member who
may apply for it. Such copy shall be marked "Confidential", and be
supplied on the payment of a sum fixed by the President which shall not exceed
the cost of copying. No copy of proceedings held in
camera shall be supplied, but such proceedings can be inspected by the members. PART VI TERM OF
OFFICE AND POWERS AND DUTIES OF THE PRESIDENT AND VICE-PRESIDENT (1) The President shall exercise such powers and perform such duties as are
contained in the provisions of the Act, the Rules made, thereunder and the
Standing Orders of the Council (2) If the office of the President is vacant or if the President for any
reason is unable to exercise the powers or perform the duties of his office,
the Vice-President shall act in his place and shall exercise the powers and
perform the duties of the President PART
VII EXECUTIVE
COMMITTEE The Executive Committee
of the President and the Vice-President who shall be ex-offico members and
three other members 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. The Executive Committee
shall meet on such date as may be fixed by the President For a meeting of the
Executive Committee, the quorum shall be the President [2][and two
members]. Should there occur
during the recess any vacancy in the Executive Committee, it shall fill up such
vacancy except in cases where summons has been issued far a meeting of the
council when the Council itself shall elect. Should any elected member of the
Executive Committee be absent from two consecutive meetings without leave of
the Committee or if the period of leave exceeds six months, he shall cease to
be a member of the Committee. In the case of the death
of the Registrar or of his in-capacity from illness or of his being on leave,
when the 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 in accordance with the principles
laid down in the rules applicable to Government servants. The Executive Committee
shall keep minutes of its proceedings which shall be dealt with according to
the same procedure as that indicated in Part Vthe minutes of the Council. (1)
The Executive Committee
shall superintend the publication of the register which shall be prepared by
the Registrar. The Registrar shall cause it to be printed after entering
therein, annually the statement of the distribution of the copies of the
register. The copies shall be distributed to such of the officers of the
Government as may be approved by the Government, to the Pharmacy Council of
India and to such others as may be directed by the Executive Committee. (2)
The Executive Committee
shall order each year such number of copies of the register to be printed as
may seem to the Registrar to be required on a revision of the annual
distribution list. (3)
The Executive Committee
shall consider and prepare reports upon any subjects that may seem to require
the attention of the Council and such reports shall be printed and circulated
among the members of the Council at least ten days before the meeting of the
Council. (4)
The Executive Committee
shall, before each meeting of the Council, prepare the business for the
consideration of the Council. (5)
The printing of the
volumes of minutes shall be under the direction of the Executive Committee. (6)
All petitions presented
to the Council shall be referred to the Executive Committee to be examined and
reported upon before being considered by the Council. (7)
Subject to the
provisions of the proceeding sub-rule all petitions addressed to the Council
immediately before or during the sessions of the Council shall be laid on the
table of the Council for such action as it deems fit. (8)
The Executive Committee
shall prepare reports on such subjects as may be indicated to it by the Council
as its sittings by the President at other times. The reports when finally
approved by the Executive Committee shall be presented to the Council. [3][(9)
The Executive Committee shall have the power to constitute or appoint
sub-committees for any specific purpose consisting of the President and
Registrar as ex officio members and shall have the authority to stipulate the
terms of reference duties and responsibilities and duration. Such subcommittees
shall accomplish their assigned tasks within the specified time and submit
reports to the Registrar who shall place such reports before the executive
committee for the consideration in its next meeting at the earliest, or, if
necessary by calling for a special meeting for the purpose. (10)
The council shall have the power to collect edit compile and publish any
material of public, interest for free distribution or for a price fixed by it.
The Registrar shall, on the decision or recommendation of the council arrange
for publication and distribution of the same.] PART
VIII REGISTRATION (1)
The register shall be
maintained as required by sub-section (3) of Section 29 and shall be in Form E. (2)
The names shall be
entered in the register in the alphabetical order and sufficient space shall be
left for future additions or alternations in the qualifications and address
relating to each name. (3)
Each page of the
register shall be verified by the Registrar's signature. (1)
On the registration of
every pharmacist under the Act, the Registrar shall grant such pharmacist a
certificate in Form F. (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
under Section 39 for a fresh certificate and [4][all such
applications in respect of issue of duplicate certificate received by the
Registrar shall be placed before the Executive Committee. The Executive
Committee after due enquiry may direct the Registrar to issue the] certificate
on payment of the fee specified in Rule 57, Certificates 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
registered shall apply to the Registrar in Form G duly filled in and signed.
Every such application should be accompanied by the fee prescribed in Rule 57. (1)
The name of every person
registered under the Act shall, subject to the provisions contained in the Act
as to the erasure of entries and removal of names from the Registrar, remain
entered therein and the registration of such person shall hold good until the
31st of December of the year following the year in which the name is first
registered. (2)
Any person desiring to
continue his registration shall submit to the Registrar an application before
the 1st day of April of the year to which it relates and shall forward with
such application the fee specified in Rule 57. (3)
The Registrar may send
to any pharmacist who has not paid his renewal fees on the 1st day of January,
in the year in respect of which such fee is payable, a demand for payment
thereof, which demand shall be by a letter sent by post addressed to the
pharmacist at his address in the register. (4)
When a renewal fee is
not paid before the due date, the Registrar shall remove the name of the
defaulter from the Register: Provided that a name so
removed may be restored to the register under Section 37 on payment of fees and
penalty specified in Rule 57. (1)
An application for
registration of an additional qualification under Section 35 shall be in Form H
and shall be accompanied by the fee specified in Rule 57. (2)
On registration of any
additional qualification under sub-rule (1), the Registrar shall grant such
pharmacist a certificate in Form I. Any appeal to the Council
against a refusal by the Registrar to register in the case of first
registration or to alter any entry in the register must state the grounds on
which registration is claimed or furnish any qualifications and the dates on
which they were received. On receipt of such an appeal, the Executive Committee
shall conduct an enquiry and submit a report to the Council. Certified copies of
entries in the register in Form J may be issued to any one on payment of the
fee specified in Rule 57. The item specified in
Rule 57 shall be levied for renumbering a change of name in the register. (1)
The Council may erase
from the Register the name of any person who has requested that his name be
removed from the register in which case such person may be required to file a
declaration that no disciplinary or criminal proceedings are being are likely
to be taken against him, (2)
The Registrar shall bring
any application under sub-rule (1) before the next meeting of the Council or of
Executive Committee which will consider the application and any objections
thereto, and the President may put from the Chair the question. Whether
the Registrar shall erase the name (applicant's name) from the register? Copies of the register
printed under Section 40 shall be made available to persons applying therefor
on payment of a sum which shall not exceed the cost of printing. (1)
It shall be the duty of
every registered person who changes his address to intimate the fact to the
Registrar within one month after such change. (2)
Every District Registrar
of Deaths who receives a death notice showing that the deceased belonged to a
profession or calling, the members of which are registrable under the Act shall
forthwith notify the Registrar of the Council of such death. (3)
These shall be made
every year and entered in the printed 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 restored to
the register; (4)
the number erased from
the register stating the section of the Act under which the name has been
erased; and (5)
The number removed by
death. PART
IX FEES [5][(1)]
The following fees shall be levied by the Council. Rs. P. [6][For the first registration in the register 2500] For every
qualification subsequently registered 200 For restoration to the
register after removal for non-payment of annual retention fee for [7][each
year] during which the name remained removed [8][5 00] For annual retention [9][500] For restoration to the
register under Section 37 10 00 For registration of a
charge of name 300 For every certified
copy of an entry in the Register 300 For a
"duplicate" certificate under Rule 47 500 For registration in
this State of a Registered Pharmacist in an- other State 10 00 [10][(2)
The Council may at its option accept a lumpsum deposit of one hundred rupees
from an eligible pharmacist for the purpose of retention of his name on the
rolls of the register. The said sum shall carry an interest at five per cent
per annum which shall be adjusted towards the annual fee payable under sub-rule
(1) for such retention. The said sum shall be refunded to Mm without interest
on his discontinuing the practice of pharmacy in the State.] PART X REMOVAL FROM THE
REGISTER If, at any time it is made to
appear by affidavit that a person registered under the Act has become mentally
or physically disabled to the extent that the continued practising of such
person is contrary to public welfare, the Executive Committee may hold enquiry
into the facts submitted and may order the suspension of such person for a
specified period from carrying on his profession or practice of pharmacy. Whenever information reaches
the office of the Council that a pharmacist has been convicted of a cognisable
offence or has been under the censure of any judicial or other Competent
Authority in relation to his professional character or has been guilty of
conduct which prima facie constitutes infamous conduct in a professional
respect, the Registrar shall make an abstract of information and shall submit
the same to the President. Where 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 and shall state the grounds
of the complaint and shall, be accompanied by one or more declaration as to the
facts of the case. Every declaration must 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 believe of the declarant in
its truth must be accurately and fully stated. Declarations and parts of
declarations which are made in contravention of this rule will not be accepted
as evidence. (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, if he thinks fit, instruct the Registrar to ask the
pharmacist by means of a registered letter for any explanation he may have to
offer. The documents including any explanation forwarded by the pharmacist to
the Registrar shall then be referred to the Executive Committee which shall
consider the same and shall have power to cause further investigation to be
made and further evidence to be taken and to obtain if necessary such advice
and assistance as they shall think fit from a Counsel, 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 shall inform the complainant of the
resolution of the Committee. If the Committee is of the opinion that the
circumstances suggest that a letter of warning, be sent, the Committee, is
empowered to send it. If the Committee resolves that the case is one in which
any 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. (2) An enquiry with a view to the removal of a name from the Register tinder
Section 36 shall be instituted by the issue of a notice in writing on behalf of
the Executive Committee by the Registrar addressed to the Pharmacist Such
notice shall specify the nature and particulars of the charge and will inform
him of the day on which the Executive Committee intends 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
"K" with such variations as circumstances may require and shall be
posted four weeks before the date of enquiry, I (3) In every case in which the Executive Committee resolves that an enquiry
shall be instituted and a: notice for an enquiry is issued accordingly, either
party shall, for the purpose of his defence or reply as the case may be, and
upon request in writing for that purpose signed by himself or his counsel be
entitled to be supplied by the Registrar with a copy of any declaration,
explanation or answer or other document given or sent to the Executive
Committee by or on behalf of the other party which such other party will be
entitled on proper proof to use at the hearing as evidence in support of or in
answer to the charge specified in the notice of enquiry and every notice of
inquiry shall draw the particular attention of the pharmacist to this rule. (4) 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 charge shall be dealt with by the President in such manner as
he, sunder legal advice, shall think fit (5) All material documents which are to be laid before the Executive
Committee as evidence in regard to the case shall be printed and a copy shall
be furnished to each Counsel before the hearing of the case. (6) At the hearing of the case by the Executive Committee, their counsel may
be presented to advice as to the conduct of the case and may act as Judicial
Assessor. The complainant and also the pharmacist may be represented or
assisted by a Counsel. (1) Where a complainant appears personally or by a counsel the following
procedure shall be followed. (i) The Registrar will read to the Executive Committee the notice of the
enquiry addressed to the pharmacist. (ii) The complainant will then be invited to state his case by himself or by
his legal representative and to produce his evidence in support of it. At the
conclusion of the complainant's proof, his case will be closed. (iii) The pharmacist will then be invited to state his case by himself or by
his legal representative 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. (iv) 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, hear no further evidence except in any special
case in which the Executive Committee may think fit to take such further
evidence. If the pharmacist produced no evidence, the complainant will not be
heard in reply except by special leave of the Executive Committee. (v) The President and the Judicial Assessor, when present may put questions
to any witness, and members of the Executive Committee may also put questions
through the President to any witness. (2) Where there is no complaint or no complainant appears, the following
will be the order of procedure. (i) The Registrar will read to the Executive Committee the notice of inquiry
addressed to the pharmacist and will state the facts of the case and produce
before the Executive Committee the evidence by which it is supported. (ii) The pharmacist will then be invited to state his case by himself or by
his legal representative 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. (iii) The Counsel to the Executive Committee may be heard in reply if the
Executive Committee so desires., (1) Upon the conclusion of the case, the Executive Committee will
deliberated thereon in private and at the conclusion of the deliberation, the
president shall, for the purpose of summing up the result of the deliberations,
call upon the Executive Committee to vote on such of the following resolutions
to be put from the Chair as may be applicable to the circumstances of the case. (1) In the case of a pharmacist who has been convicted of a cognizable
offence as defined in the Code of Criminal Procedure, 1898, alleged against him
in the notice of enquiry. "That.........is proved
to have been convicted or a cognizable offence as defined in the Code of
Criminal Procedure, 1898 alleged against him in the notice of enquiry''. (2) In the case of a pharmacist charged with infamous conduct in a
professional respect. (a) "that the Executive Committee do now proceed to decide whether the
facts alleged against.... in the notice of inquiry have been proved or have not
been proved". If this resolution is not
carried, the further hearing of the case will stand adjourned till the next or
some other future session of the Executive Committee as the Executive Committee
shall direct, and the hearing thereof will be taken at such next future session
as an adjourned case. If this resolution is carried, the Executive Committee
shall be called upon by the President to vote upon the following resolution to
be put from the Chair; (b) "That the fact or the following facts (specifying them) called
against...............in the notice of inquiry have been proved to the
satisfaction of the Executive Committee. If this resolution is carried, the
Executive Committee may either proceed to judge whether on the facts proved,
the accused pharmacist has been guilty of infamous conduct in a professional
respect and to direct the Registrar to remove his name from the Register or may
postpone its judgment and adjourn the case until the next or some other future
session". (3) In the case of a pharmacist convicted of a felony (or misdemeanour or
crime or offence) or charged with infamous conduct in a professional respect
the judgment of the Executive Committee on the conviction (or facts) proved
shall be postponed, and the Executive Committee shall be called upon by the
President to vote on the following resolution to be put from the Chair. (a) "That the Executive Committee do now proceed to pronounce their
judgment on the conviction (or facts) proved against.........." If this resolution is not
carried, the judgment of the Executive Committee will stand postponed till the
next or some other future session of the Executive Committee as the Executive
Committee shall direct and the case will be taken at such next or other future
session as a case in which judgment has been postponed. If this resolution is carried,
the Executive Committee shall proceed at once to pronounce its judgment on the
case and shall be called upon by the President to vote upon the following
resolution to be put from the Chair. In case of a conviction. (b) "That..........having been proved to have been convicted of the
felony (or misdemeanour or crime of offence) alleged against him in the notice
of inquiry, the Registrar be directed to remove his name from the
register". In the case of a pharmacist
charged with infamous conduct in a professional respect. (c) "That the Executive Committee do now judge.................to have
been guilty of infamous conduct in a professional respect and direct the
Registrar to remove from the register the name of........." If the resolution specified in
sub-clause (b) or (c) as the case may be, is not carried the President may
announce the judgment of the Executive Committee in the following form.
"That the Executive Committee does not see fit to direct the Registrar to
remove from the register the name of (2) In the event of an adjournment of hearing or a postponement of judgment
to another session the Executive Committee on the case coming on again for
consideration, may hear the pharmacists and the complainant (if any) on the day
fixed for the further consideration and shall request the attendance of the
pharmacist on that day before the Executive Committee; and the complainant and
the pharmacist shall each be requested to furnish the Registrar in writing of
any further facts or evidence which he may desire to be laid before the
Executive Committee. The notice shall be given so
as to allow atleast twenty-eight days between the day on which the notice is
given and the day appointed for the further consideration. No further facts or
evidence presented by a party to the inquiry shall be received or considered by
the Executive Committee unless a statement thereof has been previously
furnished to the Registrar in compliance with this rule. (3) On the case coming before the Executive Committee for further
consideration/ the Counsel if present or the Registrar when the Counsel is not
present, shall if necessary, state the facts and explain the position of me
case to the Executive Committee. The pharmacist shall then be invited to
address the Executive Committee either personally or by his legal
representative and lay before the Executive Committee any further evidence of
which he may have duly given notice to the Registrar and the complainant (if
any) shall then be invited to address the Executive Committee either personally
or by his legal representative and lay before the Executive Committee any
further evidence of which he may have duly given such notice. (4) At the conclusion of the further hearing, the Executive Committee shall
deliberate on the case in private and at the conclusion of the deliberation the
president, shall call upon the Executive Committee to vote in an adjourned case
on the same resolution at the original hearing and in a case in which judgment
was postponed, on resolution (a), (b) or (c) in clause (3) of Rule 64(1) as the
case may be. If under the direction of the
Executive Committee, all the qualifications of any pharmacist have been erased
from the register, then the Executive Committee, shall if it thinks fit, by
formal resolution put by the President from the chair, direct the Registrar to
remove the name of such pharmacist from the register. (1) The Registrar shall upon the removal of any name from the register
pursuant to the provisions of the preceding rules or of 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 to the registered
address of the pharmacist. The Registrar shall also send forthwith intimation
of any such removal to the licensing authority under the Drugs and Cosmetics
Act, 1940 (Central Act XXIII of 1940), and also to the Dean or Secretary or
other proper officer of any body or bodies from which the pharmacist has
received his qualification or qualifications. (2) A person whose name has been removed from the register under the
provisions of these rules shall forthwith surrender his certificate of
registration to the Registrar and the name so removed shall be published in the
Official Gazette. The Registrar shall, within
one month after any names have been removed from the register by order of the
Executive Committee under Section 36 send to the licensing bodies concerned, a
list of all such names and shall call the attention of each licensing body to
the following recommendation of the Executive Commit" tee. "The Executive Committee
recommends that no person whose name has been once removed from, and has not
been restored to, the register shall, without previous reference to the
Executive Committee, be admitted to examination for any qualification which is
registerable in the register". PART XI RESTORATION
OF NAME TO THE REGISTER (1) An application for restoration to the register of a name removed under
Section 36 shall be entertained at the next meeting of the Council only. (2) The Executive Committee may, on application received from a person whose
name has been removed from the Register under Section 34, direct the Register,
if it thinks fit to re-enter the name in the register. (3) No application for the re-entry of a name removed from the register
under Section 34 shall be entertained unless it is accompanied by an
application from the applicant in Form 'L' and by the following documents. (a) Applicant's Diploma. (b) His certificate of registration in original, if the same has not been
already returned by him in accordance with the provisions of Section 36(5). (4) Any person whose name has been removed from the register by the
direction of the Council under Section 36 but who still possess a qualification
entitling him to be registered under the act, may make an application to the
Council for the re-entry of his name in the register and the following
procedure shall be followed in the case of every such application. (a) The application shall be in Form M addressed to the Council and signed
by the applicant and shall state the grounds on which the application is made. (b) The application shall be accompanied by a declaration made by the
applicant setting forth the facts of the case and stating that he is the person
originally registered and by one of the following documents. (i) Applicant's diploma; (ii) His certificate of registration in original if the same has not been
already returned by him in accordance with the provisions of Section 36(5); (iii) Certificates in Form 'N' from two pharmacists registered under the Act
as to his identity or if the applicant is not a resident in............a
certificate as to his identity in Form 'N' from two persons who shall be
Magistrates or officers holding a Commission in the Defence Forces of India or
Justices of Peace or two resident pharmacists registered under the Act. (c) The statement in the application shall also be verified by certificates
in Form 'O' to be given by two pharmacists registered under the Act who are
resident in the neighbourhood of the place where the applicant has been residing
since the removal of his name and they shall testify to his present good
character. (d) Before the application is considered by the Council, the Registrar 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 same. (e) The Council shall consider the application and may, if it thinks fit
adjourn the consideration of it to a future date or require further evidence or
explanation from the applicant. PART
XII REGISTRAR,
CLERKS AND OFFICE HOURS The qualification for
the post of the Registrar shall be the following. (1)
A degree in pharmacy or
pharmaceutical chemistry or a post-graduate degree in chemistry with
pharmaceutics as a special subject of a University recognised for this purpose
by the appointing authority or the Associateship Diploma of the Institution of
Chemists (India) obtained by passing the examination with "Analysis of
Drugs and Pharmaceuticals" as one of the subjects; or (2)
holds the Pharmaceutical
Chemists Diploma granted by the Pharmaceutical Society of Great Britain; or (3)
a graduate in medicine
or science of a University recognised for tills purpose by the appointing
authority and has had at least one year's postgraduate training in a laboratory
under (i)
a Government Analyst
appointed under the Act; or (ii)
a Chemical Examiner; or (iii)
a Fellow of the Royal
Institute of Chemistry of Great Britain (Branch E); or (iv)
the head of an
institution specially approved for the purpose by the appointing authority. The term of office of the
Registrar except the first Registrar shall be such number of years not
exceeding five as the Government may fix by a retiring incumbent may with the
approval of the Government be re-appointed for a further term or terms. Retired
Government servants will also be eligible for appointment as Registrar. (1)
The Registrar shall keep
his registers in accordance with the provisions of the Act and these rules and
regulations of the Council. (2)
The Registrar shall be present
at every meeting of the Council and of the Executive Committee and shall take
minutes of the proceedings at such meetings, (3)
The Registrar, as
Secretary, shall conduct and have charge of the correspondence of the Council
and shall issue all requisite notices in the manner required under these rules, (4)
the Registrar shall
fulfil all the duties that may be required of him by the rules and regulations
for the time being of the Council. [11][(5)
The office of the State Pharmacy Council shall remain open between 10.00 a.m.
and 5.30 p.m. on all days other than public holidays and other holidays
declared by the Government from time to time. The Registrar shall not absent
himself from duties on any working day except with the permission of the
President] (6) The Registrar shall have the general control
of the management of the office, authority over the clerks and servants and
Superintendents of the building. (7) The Registrar shall be authorised to obtain
whatever temporary additional assistance that may be required subject to the
sanction of the President. (8) The Registrar shall be held responsible for
the safe custody of all documents. (9) Registrar shall have documents so arranged
with respect to chronological order or otherwise as to facilitate their inspection
during office hours. (a)
The duties of the Clerks
shall be assigned to them by the Registrar under this direction of the
Executive Committee. (b)
The Clerks shall attend
the office on all working days and at other times when necessary and they shall
not absent themselves except with the permission of the Registrar. The
Registrar shall grant leave to the clerks according to the rules admissible to
similar Government servants. The peons shall attend office
in accordance with the orders of the Registrar and they may be granted leave by
the Registrar according to the rules admissible to Government servants. PART XIII COMMON SEAL The Corporate seal shall be
kept in a box having two different locks and the key of one of these locks
shall be in the custody of the President and the key of the other lock in the
custody of the Registrar. (1) The seal shall be affixed only by order of 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 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 or of the Executive Committee as
the case may be. PART XIV INSPECTION
OF DOCUMENTS Members of the Council may be
permitted to inspect documents of the Council when they are not required by its
legal advisers subject to the following conditions. (1) A notice in writing of three clear days shall be given to the Registrar,
except when the Council is in session when special leave may be granted. (2) The subject of the documents needed for inspection shall be stated. (3) Documents under inspection shall not be removed from the premises of the
Council. (4) All such documents and the information derived therefrom shall be
regarded as strictly confidential. PART
XV ACCOUNTS The Council is
authorised to receive for the purpose of its expenses, beneficiations and
contributions from private persons and bodies to utilise for that purpose the
proceeds of the sale of reports and other publications. [12][(1)
All the moneys of the Council shall be deposited in any of the Nationalised or
Scheduled Banks, as the Council may desire by opening an account in the joint
names of the President or his nominee and the Registrar and shall be operated
jointly. (2) The Council may also in the discretion invest
its funds in any of the Government approved securities or in any saving scheme
so as to derive the maximum benefit] The Registrar, if appointed
as a Treasurer under Section 26-A shall receive all moneys payable to the
Council. He shall not retain in his hands a sum [13][more
than rupees five hundred as imprest money to defray the day to day expenses and
all expenses incurred by the Council shall be made against vouchers prepared
for the purpose accompanied by relevant bills]. The Registrar, as the
Treasurer 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 transactions of the Council for the month
previous to the one in which the meeting is held. This statement shall, if
possible, be sent out with the notice calling the meeting. (1)
The Registrar shall, in
the month of July in each year, prepare a statement of income and expenditure
for the proceeding financial year ending with the 31st March and draw the
attention of the Council to such matters as seem deserving of notice. (2)
The annual accounts
shall be made up by the Registrar under the direction of the Executive
Committee. (1)
In the month of
September each year, an estimate of the Revenue and of the expenditure of the
Council for the year commencing on the 1st April next ensuing shall be laid
before the Council. (2)
Such estimate shall make
provisions for the fulfilment 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 and all fees received from
registration and other sources, the amount expected from the Government by way
of grant. (3)
The Council shall
consider the estimate so submitted to it and shall sanction the same either
unaltered or subject to such alterations as it may deem fit. 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 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. [14][A
bill or other voucher presented to the Council as a claim for money, shall be
received and verified by the Registrar, who shall effect payment of the bills
found in order, However the registrar shall not so effect payment of bills
amount of which exceeds Two Hundred and Fifty Rupees, unless he obtains the sanction
of. (a)
the President in case of
claims up to Rupees One Thousand; and (b)
the Executive Committee
in case of claims exceeding Rupees One Thousand.] [15][All
moneys including demand drafts/pay order and other negotiable instruments
received by the Registrar on a particular day shall be entered in the General
Cash Book and remitted to the bank by not later than the next Bank working day
of the Bank. All the expenses incurred by the Council shall be recorded in the
General Cash Book on a day-today basis.] All cheques on the Bank
shall be signed by the President or his nominees and the Registrar. The accounts of the
Council shall be audited [16][every
quarter by the Internal Auditors appointed by the Executive Committee and
yearly Audit shall be carried out by the Auditors of the State Accounts
Department] [17][A
Property Register shall be maintained where in particulars of all the
properties of the Council shall be entered and the same shall be verified in
the month of March every year by the property verifying in the month of March
every year by the property verifying officer appointed by the Council at its
annual meeting. A certificate to this
effect shall be recorded by him and it shall be attested by the President or
his nominee and the Registrar. The said certificate shall be placed before the
annual meeting of the Council, every year by the Registrar. All movable and
immovable properties, including cash in office and in transit shall be
adequately insured against all risks and losses. (1)
On requisition and
payment of the fee fixed by the Committee, the Council shall issue to each
Registered Pharmacist an Identity card containing entries such as name,
address, registration No. period of validity etc., with a latest photograph of
the Registered Pharmacist affixed thereon, and shall bear the signature of the
Registered Pharmacist duly attested by the Registrar. (2)
Every practicing
Registered Pharmacist shall apply for and obtain an identity card in order to
the permitted to continue his practice of the profession and shall produce it
on demand to the Pharmacy Inspector or any other officer authorised in this
behalf by the Government, from time to time. (3)
The identity card shall
be issued for a term of five year renewable every five years thereafter on
payment of the fee specified by the Government accompanied with an application
preferred in the prescribed form.] PART XVI PROSECUTIONS (1) If an information is received by the Registrar that an offence under the
Act or these rules has been committed he shall, if there is a complaint,
require such complainant to produce by means of a declaration or otherwise,
prima facie proof of the matters complained of. (2) On production of such proof, the Registrar shall bring the matter before
the Executive Committee which may institute proceedings in the matter or may
decide to recommend to the Government to take necessary action. PART XVII CODE OF
ETHICS FOR PHARMACISTS (1) A registered pharmacist shall not practice medicine. (2) A registered pharmacist shall not engage by himself or through any other
person in the trade of drugs in contravention of any of the provisions of the
statutes governing manufacture, stocking, distribution or sale of drugs. (3) Registered pharmacists shall not engage in unhealthy competitions among
themselves in the practice of their profession. (4) Registered pharmacists must not earn undue profits by the sale of drugs. (5) A registered pharmacist shall not engage himself in any activity which
is likely to cause negligence while dispensing drugs. PART XVIII INTERPRETATION
OF RULES The decision of the Government
on any question that may arise as to the intention, construction or application
of these rules shall be final. [1] Substituted
by GSR 48, dated 21-4-1995, w.e.f. 18-5-1995, for the following. "not exceeding rupees two to be fixed by
the President or the Government in the case of first election, as the case may
be" [2] Substituted
by GSR 48. dated 21-4-1995. w.e.f. 18-5-1995, for the following. "Vice-President and one other
member" [3] Inserted
by GSR 48, dated 21-4-1996, w.e.f. 18-5-1995. [4] Substituted
by GSR 48, dated 21-4-1995, w.e.f. 18-5-1995, for the following. "the Registrar may, if he thinks fit, on
satisfactory proof as to the identity of the applicant, grant such" [5] Renumbered
as sub-rule (1) thereof by GSR 421, dated 16-12-1976, w.e.f. 16-12-1976. [6] Substituted
by GSR 421, dated 16-12-1976, w.e.f. 16-12-1976. [7] Substituted
by GSR 117, dated 27-4-1987, w.e.f. 28-5-1987, for the following. "the years" [8] Substituted
by GSR 31, dated 22-1-1975, w.e.f. 13-2-1975, for the following. "3-00" [9] Substituted
by GSR 31, dated 22-1-1975, w.e.f. 13-2-1975, for the following. "2-00" [10] Inserted
by GSR 421, dated 1642-1976, w.e.f. 16-12-1976. [11] Substituted
by GSR 48, dated 21-4-1995, w.e.f. 18-5-1995. [12] Substituted
by GSR 48, dated 21-4-1995, w.e.f. 18-5-1995. [13] Substituted
by GSR 48, dated 21-4-1995, w.e.f. 18.5-1995, for the following. "of more than rupees hundred, the
balance being lodged in the Bank to the credit of the Council" [14] Substituted
by GSR 48, dated 21-4-1995, w.e.f. 18-5-1995. [15] Substituted
by GSR 48, dated 21-4-1995, w.e.f. 18-5-1995. [16] Substituted
by GSR 48, dated 21-4-1995. w.e.f. 18-5-1996, for the following. "by the Auditors of Government
Accounts" [17] Inserted
by GSR 48, dated 21-4-1995, w.e.f. 18-5-1995.KARNATAKA
STATE PHARMACY COUNCIL RULES, 1968
PREAMBLE