KERALA STATE PHARMACY COUNCIL RULES, 2011

In exercise of the powers conferred by Section 46 of the Pharmacy Act, 1948 (Central Act 8 of 1948) and in supersession of the Kerala State Pharmacy Council Rules, 1961 published in Part | of the Kerala Gazette No. 45 dated the 14th November, 1961 and subsequent amendments made thereafter; the Government of Kerala hereby makes the following rules, namely:—

RULES

CHAPTER I PRELIMINARY

Rule - 1.

These rules may be called the Kerala State Pharmacy Council Rules, 2011.

Rule - 2.

In these rules, unless there is anything repugnant in the subject or context,—

(a)      “Act” means the Pharmacy Act, 1948;

(b)      “Council” means the Kerala State Pharmacy Council constituted under Section 19 of the Act;

(c)      “Dispensing” in relation to a medicine, means supplying a medicine or drug in accordance with the prescription of a registered medical practitioner, a registered dentist or a registered veterinary surgeon or a registered homoeopathic medical practitioner;

(d)      “Educational Regulations” means the Educational Regulations, 1991 and 2008;.

(e)      “Electoral Roll” means the electoral roll prepared by the Returning Officer for the purpose of conducting elections under Chapter III of the Act;

(f)       “Executive Committee” means the Executive Committee of the Council constituted under Section 27(1) of the Act;

(g)      “Form” means a form contained in the Appendix to these rules; Appendix should be incorporated in accordance with rules;

(h)     “Government” means Government of Kerala;

(i)       “Infamous conduct” means violation of the code of ethics prescribed under these rules;

(j)       “Life member” means a registered pharmacist or a pharmacist whose registration will be valid upto 10 year from the date of registration as a life member;

(k)      “Ministerial Staff’ means the clerks and other servants appointed by the Council under clause (b) of Section 26 of the Act;

(l)       “Presiding Officer’, “Polling Officer and Polling Assistant” means the Officers appointed by the Returning Officer. for the conduct-of elections in the manner ‘prescribed in accordance with Section 24 of the Act;

(m)    “Polling Booth” means an approved premise, approved by the Returning Officer for casting of votes by the eligible voters;

(n)     “President” means the President elected or nominated under Section 23 of the Act;

(o)      “Register” means the Register kept by the Council; containing the list of the registered pharmacists’;

(p)      “Registrar” means the Registrar appointed under Section 26 of the Act;

(q)      “Returning Officer” means the officer appointed by the Government, for conducting elections under Chapter III of the Act;

(r)      “Section” means a section of the Act;

(s)      “Treasurer” means the treasurer appointed by the Council under Section 26(a) of the Act;

The words and expressions used in the Act, but not defined in these rules shall have the same meaning assigned to them in the Act.

Rule - 3.

The office of the Council shall be at Thiruvananthapuram.

CHAPTER II MODE OF ELECTION

Rule - 4.

In the case of nominated members, the President shall inform the State Government of the vacancy, requesting them to fill the same.

Rule - 5. Returning Officer.

(1)     In the case of election under clause (a) of Section 19 of the Act, a suitable person appointed by Government shall be the Returning Officer, the Returning Officer shall be a person of and above the rank of an Under Secretary to Government or holding an equivalent position under the State Government. The Government may appoint the Returning Officer in advance taking into account the time required for the preparation of the Electoral Roll and such other dates as stated under Rule 6.

(2)     The terms and conditions of appointment and functions of the Returning Officer shall be such as may be prescribed by the Government and the Council shall bear all the expenses to meet out these terms and conditions.

(3)     The office of the Council shall also be deemed to be the office of the Returning Officer till the entire process of elections is over.

(4)     The Registrar and Manager of the Council shall be under the control of the Returning Officer, once the election process is initiated.

(5)     The Registrar shall from the date of appointment of the Returning Officer, provide all necessary facilities like Office room, stationery transportation and such other facilities as may be required by the Returning Officer for the smooth conduct of election to the Council.

Rule - 6.

The Returning Officer shall appoint and notify in the Kerala Gazette suitable date in such manner as he thinks fit for each of the following stages of the election, namely:—

(a)      date of notification of elections—elections have to be notified in such a way that a clear period of forty days (including holidays) are available from the date of publication of the final list of candidates to the date of voting;

(b)      date and time up to which nominations can be submitted time being 4 p. m. of the day so notified.

(c)      date of scrutiny of nominations which shall be the second day from the last day for nomination excluding holidays, counting the last day of submission of nomination as the first day;

(d)      date and time up to which nominations can be withdrawn, time being 12 noon of the day following the day on which scrutiny is conducted. Final list of candidates shall be published at 5 p. m. on the same day by the Returning Officer;

(e)      date and time for voting, counting and publication of results.

Rule - 7. Electoral Roll.

(1)     Draft electoral Roll shall be published by the Returning Officer and made available for scrutiny at the district information offices of all the Districts in the State of Kerala at least sixty days before the commencement of election to the Council.

(2)     The draft electoral roll shall be prepared by the Returning Officer from the register and shall contain the name, qualifications and addresses of every person qualified to vote for the election of a member to fill up the vacancy or vacancies.

(3)     A separate draft electoral roil shall be prepared for each District.

(4)     Objections, if any, to the draft electoral roll shall be informed in writing to the returning officer.

(5)     The returning officer, shall consider the objections, if any, received, to take all steps to rectify the same and publish the final electoral roll within forty days from the date of publication of the draft electoral roll. No objection shall be against the final electoral roll during the pendency of the election. Final electoral roll provided at the polling booths shall exclude the names of those who are issued with a postal ballot which shall be printed in a colour other than the one provided at the polling booths.

(6)     Copy of the electoral roll of each district shall be made available for sale to any person at a price of hundred rupees. District Electoral Roll in CD form shall be made available for sale at a price of Four Hundred Rupees.

Rule - 8. Nomination.

(1)     Out of six persons to be elected—

(a)      One shall be a teacher with not less than 10 years of teaching experience from among the teaching institutions of Pharmacy in the State;

(b)      One shall be a woman: provided that they should have the other qualifications prescribed in the Act.

(2)     Candidate for election must be proposed and seconded by persons qualified as electors. The nomination paper 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, all nominations subscribed by him/her shall be held to be void.

(3)     The candidate shall sign the nomination paper declaring that he/she is willing to serve on the Council, if elected, failing which the nomination paper shall be invalid.

(4)     Every candidate shall along with the proposal for nomination, deposit with the Returning Officer a sum of Rs. 1000 in cash and he/she shall not be deemed to be duly nominated unless the said deposit has been made. The deposit shall be forfeited to the Council if the candidate is not elected and the number of votes recorded in his/her favour is less than one eighth of the total number of votes recorded. The said deposit shall be returned, if it is not forfeited under this sub-rule.

(5)     Every proposal for nomination shall be in writing and shall be signed by the proposer and seconder and sent by post or otherwise, so as to reach the Returning Officer on or before the date appointed in that behalf.

(6)     The Returning Officer shall commence scrutiny of nomination papers on the day appointed for the. purpose. Any candidate may be present either in person or by an accredited representative at the time of such scrutiny. On completion of the scrutiny of nominations and after the expiry of the period within which candidature may be withdrawn under clause 7 & 8 of this rule, the Returning Officer shall forthwith declare the names of the candidates whose nomination papers are field valid by him.

(7)     Any candidate may withdraw his/her candidature by writing to the Returning Officer under his/her hand and seal so as to reach the Returning Officer before 12 noon of the day following the day of scrutiny of nominations.

(8)     In case the total number of candidates duly nominated does not exceed the number required to fill up the vacancy or vacancies notified, the Returning Officer shall declare all such candidates as elected unopposed at 5 p. m. on the day for publishing the final list of candidates.

(9)     If more candidates than are necessary to fill up the vacancy or vacancies be nominated, the Retuning Officer shall forthwith publish their names and addresses in the Gazette, and shall further cause their names to be entered in voting papers in the form as laid down in Ferm C.

Rule - 9. Procedure of Election.

(1)     Election will be conducted on the day notified for the purpose in all District headquarters.

(2)     Civil Headquarters of each District shall be the polling booth for that District.

(3)     The Returning Officer shall appoint the following staff for each District for the smooth conduct of election:

(a)      Presiding Officer;

(b)      Polling Officer; and

(c)      Polling Assistants-2.

(4)     The expenses viz. TA & DA for the staff, transporting charges or materials and cost of such materials as may be needed shall be met by the council.

Note.— (i) TA & DA for the staff shall be inconsonance with those admissible under KSRs;

(ii) Duty leave for the staff deputed for polling duty shall be sanctioned by the immediate higher authorities of that office;

(iii) Every polling staff will have to produce the authorisation letter from the higher authority to the respective Presiding Officer;

(iv) The Presiding Officers appointed shall report to the Returning Officer 48 hours before the commencement of polling.

(5)     The Returning Officer shall inform the State Headquarters of the respective District through the Home Secretary, Government of Kerala well in advance requesting to depute at least one police officer to be present at the polling station on the day of election.

(6)     The time of polling shall be from 10 a. m. to 5 p. m.

Note.— Any voter present at the polling station at the close of polling time shall be allowed to cast his/her vote.

(7)     A voter shall produce his/her identity card providing his/her valid registration in the Council before the officials in the booth at the time of polling. Photocopy of identity card or attested copy thereof or any other document in lieu of identity card shall not be accepted. In the case of life members, the identity card shall be one with the recent photograph. The fact that pharmacist has applied for renewal of registration shall not entitle him/her to vote.

(8)     A voter shall be entitled to cast his/her vote only in the District in which his/her address appears as per the Register kept in the Council. The fact that a voter is currently working in a different District by reason of transfer or by any reason shall not render him/her eligible to change the District for the purpose of voting.

(9)     A voter working in a private establishment shall be eligible for the rights and benefits enshrined under the Kerala Shops and Commercial Establishments Act, 1960 for the limited purpose of exercising his/her vote and the owner or proprietor thereof shall provide all such benefits to him.

Rule - 10. Postal Ballots.

(1)     Any voter desiring to exercise his/her vote through postal ballot shall write to the Returning Officer well in advance under his/her seal and dated signature with proof of his/her identity.

Note.— The proof of identity shall be a colour copy of the certificate of Pharmacy Registration containing the same address as is given in the Register of pharmacists accompanied by a recent photograph.

(2)     Upon receipt of the application for postal ballot, the Returning Officer shall verify the same with the Register kept in the Council and if he is satisfied, he shall send a postal ballot to the applicant at least fifteen days before the date of polling.

(3)     The voter who has received the postal ballot shall return the same after casting his/her vote so as to reach the Returning Officer before 8 a.m. on the day fixed for counting of votes. Any postal ballot received after 8 a.m. will not be considered for counting.

Rule - 11. Polling.

(1)     A voter who has been admitted into the booth after verifying his/her identity shall abide by the rules as instructed by the Presiding Officer. A voter shall wait for his/her turn. The voter on getting the ballot paper shall follow the instructions exhibited at the booth and after casting his/her vote shall put the ballot paper in the ballot box kept at the booth.

In case voting is done through the Electronic machine he shall make sure the voting for all the contesting candidates following the instructions exhibited.

(2)     The ballot boxes, properly covered, effectively tied and sealed shall be transported forthwith by the Presiding Officer and handed over to the Returning Officer housed at the polling station in the Civil headquarters, Trivandrum.

(3)     The Returning Officer shall tender a receipt of the ballot box with the box number and name of polling station clearly mentioned therein.

(4)     The Presiding Officers shall prepare the polling list duly signed by the voters in triplicate. The original of the polling list shall be enclosed in the ballot box, the duplicate shall be submitted to the Returning Officer for obtaining the receipt and the triplicate copy shall be separately enclosed in a cover marked with the words “Triplicate copy of voters’ list" with the name of the polling station and the date of polling and submitted to the Returning Officer.

Rule - 12. Counting of Votes.

(1)     The Returning Officer shall cause the counting of votes on the date notified for the purpose. Any candidate may be present in person or by his accredited representative at the time of counting of votes.

(2)     Postal ballots shall be counted at 8.30 a. m. on the day of counting.

(3)     When the counting of the votes has been completed, the Returning Officer shall forthwith declare the candidate or candidates, as the case may be, to whom the largest number of votes has been cast by the electorate, to have been elected to the Council and shall forthwith inform the successful candidates by letter of his/her having been elected to the Council.

(4)     A candidate who has been found elected after counting may, before the declaration of results, withdraw his/her candidature, by writing under his/her hand and. seal addressed to the Returning Officer and seconded by the same persons who had proposed and seconded his/her candidature at the time of nomination. Thereupon his/her seat on. the council shall be forfeited and in his/her place, the candidate to whom the next largest number of votes has been casted shall be declared to have been elected in the manner stated above.

(5)     When an equality of votes is found to exist between any two or more candidates and the addition of a vote will entitle anyone of them to be declared elected, the determination of the person to whom such one additional vote shall deemed to have been given shall be made by lot to be drawn by the Returning Officer until the required number of persons are elected.

Illustration.— Suppose in an election to the Council there were 12 candidates and after the fifth one with the maximum vote, there were three candidates having the same number of votes. In - such cases, their name will be shuffled and one name will be drawn from the lot to decide upon the sixth candidate. In case, after the fourth candidate, is elected, there are three candidates having equal votes, then the above procedure will be followed till the sixth candidate is decided.

(6)     The Returning Officer shall immediately after the declaration of results seal all the voting papers and all other documents relating another election and shall retain the same in safe - custody for a period of six months and the council shall not destroy or cause to them be destroyed, even after six months without the concurrence of the Government. All records of election shall be retained by the Registrar till the final disposal of disputes by Government or a Court of law as the case may be.

(7)     The Returning Officer shall inform the Government represented by the Secretary, Health and Family Welfare Department and the President of the Council the result of the election.

(8)     The President shalt upon receipt of the result of the election cause the same to be published in the Gazette.

Rule - 13. Disputes regarding election.

(1)     If any dispute arises as to intention, construction or application of the rules regarding the election the aggrieved person may submit a petition in writing, to the Returning Officer either in person or through a person authorized by him or by registered post with acknowledgment due within 7 days from the date of publication of the result.

(2)     The Returning Officer shall forward the petition received by him to the Secretary to Government, Health and Family Welfare Department together with his remarks thereon within 14 days of receipt of the petition.

(3)     The Government may, on receipt of an election petition or petitions from the Returning Officer, appoint within 21 days of the receipt of such petition or petitions a person not below the rank of Deputy Secretary to Government or a person holding an equivalent position in the service of Government as Enquiry Officer to enquire into the matter and furnish a report within 3 months from the date of receipt of the petition or petitions by the Enquiry Officer.

(4)     The Government shall, on receipt of report from the Enquiry Officer so appointed after satisfying the principles of natural justice, take a final decision on the petition or petitions within 45 days from the date of receipt of report from the Enquiry Officer.

(5)     The Government may, if it so decides, set aside an election after affording an opportunity of being heard to all candidates contested in the election, all officials engaged on election duty and any other person or persons whom Government may consider necessary to hear for taking such decision.

(6)     Once an election is set aside by the Government re-election shall be conducted within six months from the date of such setting aside as are necessary after taking such remedial measures so as to rectify the defects or like detects had crept in the conduct of the election so set aside.

Rule - 14. Term of Elected or Nominated Members.

(1)     The Government shall as far as possible, conduct the election well before the expiry of the normal term of office of the members previously elected so as to avoid undue extension of the term due to delay if any, in conducting the election. As far as possible Government shall conduct the Elections well before the expiry of 5 years of the members elected previously, so that the term of the elected and nominated members shall not get extended unduly due to the delay in conducting an election to the Council.

(2)     Government shall exercise due diligence to see that the members of the Council are - elected and nominated simultaneously so as to ensure the smooth functioning of the Council. For the smooth functioning of the Council, in accordance with Section 25 of the Act, Government shall exercise due diligence to have also the nominated members vis-a-vis the Elected members.

Rule - 15. Election of President and Vice-President.

(1)     At the meeting called for electing the President and the Vice-President of the Council the members present shall elect from amongst themselves a temporary Chairman, by ballot if necessary, to be taken by the Registrar for the meeting. Such Chairman shall preside over the meeting until the President of the Council is elected.

(2)     The President shall be elected by ballot. It shall be competent for any member to nominate by ballot a member for the office of the President. The temporary Chairman shall announce the names of the members as nominated and arrange for a ballot vote caste in the name of a person who has not been nominated by a member shall be declared as void.

(3)     If two persons alone have been nominated, the voting on the first ballot shall be final except in the case of equality of votes.

(4)     If more than two persons have been nominated, the candidate obtaining the lowest number of votes at the first ballot shall be eliminated and then processes shall continue until only two remain and then the ballot shall be final.

(5)     In the case of equality of votes, a further ballot shall be taken and if that be decisive the selection shall be made by drawing of lots.

(6)     The President having been elected shall take the Chairman and the members shall proceed to elect a Vice-President by following the procedure stated above.

Rule - 16. Election under Section 19(c) of the Act.

Election of the member of the Medical Council of the State as required by Section 19(c) of the Act shall be conducted at a meeting of the Council in accordance with the regulations of that Council.

Rule - 17.

The Government shall, after the declaration of the election, publish the name of the elected member, by notification in the Official Gazette. The notification shall be read by the President and the elected members shall then be introduced to the meeting by another member of the Council. The above procedure shall be adopted also in the case of nominated members.

CHAPTER III MEETINGS OF THE COUNCIL

Rule - 18.

(1)     The notice of every meeting shall be sent to each member by ordinary post by the Registrar or by speed post or telegram or through e-mail in the event it is felt necessary to convene the meeting at an early date.

(2)     The Council shall ordinarily meet at least once in three months preferably in February, May, August and September in a calendar year on such date and place as may. be fixed by the Executive Committee of the Council:

Provided that the President may call a special meeting at any time after 15 days notice to deal with any urgent matter requiring the attention of the Council:

Provided further that the President shall call a special meeting after 15 days notice if he receives a requisition in writing signed by not less than five members or 1/3 of the number of the existing members, whichever is less and stating the purpose of the meeting (such purpose being one within the scope of the Council’s function) for which they desire the meeting to be called.

(3)     The first meeting of the Council held in any calendar year shall be the annual meeting of the Council for that year.

(4)     At the special meeting called by the President in the exercise of his discretion under the second proviso to sub-rule (2) above only subject or subjects for the consideration of which the meeting has been called shall be discussed unless the Council by a resolution agrees to consider such other business.

(5)     Notice of every meeting other than a special meeting called under the first proviso to sub-rule (2) of Rule 18 or under the first proviso to clause (b) of sub-rule (i) of Rule 19 shall be dispatched by the Registrar to each member of the Council 30 days before the date of the meeting.

(6)     The Registrar shall issue with the 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 reached him and the names of the movers.

(7)     A member, who-wishes to move any motion not include in the preliminary agenda paper or an amendment to any item so included, shall give notice thereof to the Registrar not less than 25 clear days before the date fixed for the. meeting.

(8)     The Registrar shall, not less than 10 clear days before the date fixed for the meeting, that is, in the case of a special meeting with the notice of the meeting issue a complete agenda - paper showing the business to be brought before the meeting.

(9)     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.

(10)   The Registrar shall if time permits, cause a list of all amendments of which notice has been given under sub-rule (7) or sub-rule (9) of this rule to be made available for the use of every member:

Provided that the President may, 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 with this rule:

Provided further that nothing in this rule shall operate to prevent the reference by the Executive Committee of any matter to the Council at a meeting following immediately or soon after the meeting of the Executive Committee.

Rule - 19.

(1)     Amotion shall not be admissible.—

(a)      If the matter to which it relates is not within the scope of the Council’s objectives;

(b)      If it raises substantially the same question as a motion or amendment which has been moved or withdrawn with the leave of the Council within one year of the date of the meeting at which it is 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 one third 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 State Government in exercise of any of its function under the Act;

(c)      Unless it is clearly and precisely expressed and raises substantially one definite issue; or

(d)      If it contains arguments, inferences, ironical expressions or defamatory statements.

(2)     The Council shall disallow any motion which in its opinion is in admissible under subrule (1):

Provided that if a motion can be rendered admissible by amendment the President may, in lieu of disallowing the motion, admit it in the amended form.

(3)     When the Council disallows or amends a motion, the Registrar shall inform the member who gave notice of the motion of the order of disallowance or as the case may be of the form in which the motion has been admitted.

CHAPTER IV CONDUCT OF BUSINESS AT THE MEETINGS OF THE COUNCIL

Rule - 20.

(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 the President and the Vice-President are absent, by a Chairman to be elected by the members present from among themselves.

(2)     All references to the President under this Chapter shall be read as referring to the person for the time being presiding over a meeting.

(3)     For meeting of the Council, presence in person of one third of the effective members of the Council as on the date of the meeting of whom the President may be one shall form file a quorum:

Provided that in the case of a meeting adjourned to a subsequent date to consider the business left incomplete, no quorum shall be required:

Provided further that if a meeting is adjourned for want of quorum, intimation to that effect shall be given to the members absent.

(4)     If at the time appointed for a meeting the quorum is not present, the meeting shall not commence until the quorum is present and if the quorum is not present on the expiration of 30 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.

(5)     Every matter to be determined by the Council shall be determined on a motion moved by a member and put to the Council by the President.

(6)     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 is by show of hands, a division shall be taken if a member asks for it. ,

(7)     The President shall determine the methods of taking votes by division.

(8)     The result of the vote shall be announced by the President and shall not be challenged.

(9)     In the event of an equality of votes, the President shall have a second vote or a casting vote.

(10)   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 identical motion or motion shall thereupon be deemed to be withdrawn.

(11)   Every motion or amendment shall be seconded and if not seconded, shall be deemed to have been withdrawn.

(12)   When a motion has been seconded, it shall be stated from the Chair.

(13)   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-rule 14 and 15 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 in admissible under these rules.

(14)   An amendment must be relevant to and within the scope of the motion to which it is proposed.

(15)   Amotion may be amended by,—

(a)      The omission, insertion or addition of words therefrom or therein, or

(b)      The substitution of words for any of the original words.

(16)   When a motion or amendment is under debate no proposal with reference thereto shall be made other than,—

(a)      An amendment of the motion or of the amendments as the case may be;

(b)      A motion for the adjournment of the debate on the motion or amendment either toa specified date and hour or sine die;

(c)      Amotion for the closure, namely, a motion that the question be now put;

(d)      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 clauses (b), (c) or (d) shall be moved or seconded by a member who has already spoken on the question:

Provided also that motion referred to in clause (c) or (d) may be moved without a speech.

(17)   It shall be the discretion of the President to put or refuse to put to the Council. (a) Proposal of the nature referred to in clause (b) of sub-rule (16).

(18)   Unless the President is of the opinion that a motion or 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.

(19)   A motion or 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, if any member dissents from the granting of leave.

(20)   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 the permission of the President confine himself to seconding the motion or amendment, as the case may be, and speak thereon at any subsequent stage of the debate before the final reply.

(21)   During the meeting, the President may at any time, make an observation or suggestion or give information to elucidate any point to help the members in the discussion.

(22)   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 and no other member shall speak more than once to any debate, except with the permission of the President for the purpose of making 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 that point:

Provided further that a member who has spoken on a motion may speak again on an amendment subsequently moved to the motion.

(23)   No member shall, save with the permission of the President speak for more than five minutes:

Provided that the mover of a motion when moving the same may speak for ten minutes.

(24)   A speech shall be strictly relevant confined to the subject matter of the motion or amendment on which it is made.

(25)   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 President.

(26)   A member desiring to make any observations on the matter before the Council shall speak from his place shall rise when he speaks and shall address the President.

(27)   If at any time the President rises, any member speaking shall immediately resume his seat.

(28)   No member shall be heard except upon the business before the Council or with the special permission of the President in personal explanation in connection with some previous debate.

(29)   When an amendment to any motion is moved and seconded (or when two or more amendments are moved) the President shall before subjecting the same for deliberation of the Council thereon, state or read to the Council the terms of the original motion and of the amendment or amendments proposed.

(30)   An amendment to a motion shall be put to vote first.

(31)   If there be more than one amendment to a motion, the President shall decide in what order they shall be taken.

(32)   When any motion involving several points has been discuss, it shall be the discretion of the President to divide the motion and put each or any point separately to vote as he thinks fit.

(33)   The President after stating reasons, may at any time adjourn any meeting to any future day or to any hour of the same day.

(34)   Whenever a meeting is adjourned to a future date, the Registrar shall, if possible, send notice of the adjournment to every member who was not present at the meeting.

(35)   When a meeting has been adjourned to a future date the President may change such date to any other date and the Registrar shall send written notice of the change to each member.

(36)   At a meeting adjourned to a future date, any motion standing over from the previous date shall unless the President otherwise directs, take precedence over any other matter on the agenda.

(37)   Either at the beginning of the meeting after the conclusion of the debate on a particular item during the meeting, the President or a member may suggest a change in the order of business on the agenda and if the Council agrees, such a change shall take place.

(38)   No matter which had not been included on the agenda of the original meeting shall be discussed at an adjourned meeting.

(39)   The President shall decide ail points of order, which may arise, and his decision shall be final.

(40)   If any question arises with reference to procedure in respect of a matter for which these rules make no provision, the President shall decide the same and his decision shall be final.

CHAPTER V APPOINTMENT OF MEMBERS OF THE COUNCIL

Rule - 21.

(1)     The Registrar shall maintain a book containing the names of the members elected on the Council, the electorates they represent, the date of election of each such member, the terms of his office and the date of death or retirement, if any, of such member. The book shall also contain ~ similar particulars as regards the members nominated by Government. The Registrar shall keep the book always up to date so that it may show at a glance when the next election or nomination, as the case may be, has to be made.

(2)     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.

(3)     Sixty days before the expiration for the term of office of any member elected or nominated to the Council the Registrar shall make a report in writing regarding the vacancy to the President. Such report shall also be made to the President of the Medical Councils in respect of the vacancy caused under clause (c) of Section 19 of the Act and to the Government in the case of a vacancy in respect of nominated member.

(4)     If a vacancy occurs in the office of a member of the Council through death, resignation, absence without sufficient excuse from three consecutive meetings of the Council or through his ceasing to be a Registered Pharmacist if he is a member elected under clause (c) of Section 19 or ceasing to be a member of the Kerala Medical Council if he is a person elected under clause (c) of Section 19 of the Act, or otherwise previous to the expiry of his term of office, the Registrar shall make a report in writing regarding the vacancy to the President. The registrar shall make such report to the President of the Kerala Medical Council also in respect of-a vacancy caused in respect of a person elected under clause (c) of the said Section 19 and to Government in the case of a vacancy in respect of a nominated member in order to fill up the vacancy,

(5)     Atleast three of the members nominated by the Government under clause (b) of Section 19 of the Act shall be persons possessing any one of the following qualifications, namely D. Pharm or B. Pharm, M. Pharm or Pharm-D or a degree of any of the Indian Universities established by law or any other qualification granted by an authority outside India and approved by the Pharmacy Council of India under Section 14 of the Act:

Provided that out of the 5 nominated members to the Council, there shall be at least one person from among the academic faculty in the field of pharmaceutical education in the state - holding the Post of Assistant Professor and above:

Provided further that out of the 5 nominated members one shall be a woman holding a degree in pharmacy or working in the service of the Government or of a recognised University.

CHAPTER VI MINUTES OF THE COUNCIL

Rule - 22.

(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 15 days of the meeting and attested by him and a copy of the minutes shall then be sent to each member within 30 days of the meeting.

(3)     The minutes of each meeting shall contain such motions and amendments as have been moved and adopted or negatived with the names of the mover and the seconder, but 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 Registrar within 30 days of the despatch 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 corrections of the records of the meeting:

Provided that if no objection regarding the correctness of the minutes is received by the Registrar within 30 days of the despatch of a copy of minutes, 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:

Provided further that the President may direct that action to be taken on a decision of the Council before the expiry of the period of 30 days mentioned above.

(5)     The minutes of the Council shall as soon as 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 the each volume shall be supplied free to each member of the Council.

(6)     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 the meeting which shall be treated as “confidential” shall be kept in the office and shall be open to the members for inspection. A copy of the proceedings in a whole or in part shall be supplied to any member who may apply for it. Such copy shall be marketed confidential and be supplied on the payment of a sum fixed by the Council 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.

CHAPTER VII POWERS AND DUTIES OF THE PRESIDENT AND VICE-PRESIDENT

Rule - 23.

(1)     The President shall exercise such powers and perform such duties as are conferred by. or under the provisions of the Act, the rules made thereunder and the standing orders of the Council. He shall do only such acts as he considers necessary in the furtherance of the objects for which the Council is established.

(2)     if the office of 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.

CHAPTER VIII EXECUTIVE COMMITTEE

Rule - 24.

(1)     The Executive Committee of the Council shall consist of the President, who shall be the ex-officio Chairman of the Executive Committee, the Vice President, ex-officio and three other 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 one each from the elected and nominated members of the Council. The executive Committee so elected shall hold office till the election of the new Executive Committee.

(2)     The tenure of the executive committee shall be one year from the date of its constitution.

(3)     The Executive Committee shall ordinarily meet once in every month on such date as may be fixed by the President.

(4)     For a meeting of the executive committee three members including the President and the Vice-President shall form the quorum.

(5)     If there is any vacancy in the Executive Committee, the Committee shall itself fill up such vacancy by election of a member of the Council in such vacancy except in cases where a summons has been issued for a meeting of the Council before the occurrence of such vacancy when the Council itself shall by election fill up the vacancy in the committee. If any member of the executive committee is absent from two consecutive meetings without leave of the committee he shall ipso facto cease to be a member of the committee. If the period of absence exceeds one year, a vacancy shall be deemed to have been created.

(6)     In the case of the death of the Registrar or his incapacity from illness or of his proceeding on leave for more than one month, the Council shall appoint with the consent of the Government, a person in Government service or in any other service or a person who retired from Government service, having the prescribed qualification to hold the additional charge or to perform temporarily the additional duties of the Registrar.

(7)     The said appointment shall be subject to the following conditions,—

(a)      the person so appointed shall hold office only for a period of three months or till the Registrar joins back whichever is earlier:

Provided that if the Registrar extends the leave period beyond three months, then the Council may extend the tenure of the person appointed under sub-rule (6) above or shall appoint another person in Government service in the right manner;

(b)      the person so appointed shall, during such period, execute only emergency duties of the Registrar on week days;

(c)      the person so appointed shall be paid only an honorarium from the Council:

(d)      no person undergoing probation in the entry cadre shall be considered for the temporary post of Registrar.

(8)     Normally a person from the Drugs Control Department or Government College of Pharmaceutical Sciences shall normally be preferred for appointment as temporary Registrar.

(9)     The Executive Committee shall grant leave to the Registrar in accordance with the provisions of Kerala Service Rules.

(10)   The Executive Committee shall keep minutes of their proceedings which shall be dealt with according to the same procedure as that indicated in Chapter VI relating to the minutes of the Council.

(11)   The-Executive Committee shall superintend the publication of the Pharmacist Register which shall be prepared by the Registrar who shall cause it to be printed. A statement of the distribution of the copies of the Register to the Government Officers 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.

(12)   The Executive Committee shall order each year such number of copies of the Pharmacy Register to be printed as may seem to the Registrar to be required on a revision of the annual distribution list.

(13)   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 at which the subject is to come up for discussion.

(14)   The Executive Committee shall, before each meeting of the Council, prepare the business for the consideration of the Council.

(15)   The printing of the volumes of minutes shall be under the direction of the Executive Committee.

(16)   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,

(17)   Subject to the provisions of the preceding sub-rule all petitions addressed to the Council immediately before or during the sessions of the Council shall be laid upon the table.

(18)   The Executive Committee shall prepare reports on such subjects as may be indicated to it by the Council at its sittings or by the President at other times. The reports when finally approved by the Committee shall be presented to the Council.

CHAPTER IX SUB-COMMITTEE

Rule - 25.

(1)     The Council may constitute sub-committees consisting of persons who may or may not be members of the Council to report upon any matters which it may deem necessary to refer to them.

(2)     The members of a sub-committee constitutes under sub-rule (1) shall not be entitled to any fee for attending any meeting of the sub-committee. They shall be entitled to travelling expenses only.

CHAPTER X REGISTRATION

Rule - 26.

(1)     The Register of Pharmacist shall be maintained as required by sub-section (3) of Section 29 of the Act, and shall be in Form E.

(2)     The names shall be entered in the register in the order in which the applications for registration are admitted and sufficient space shall be left for future additions and alterations in the qualifications and addresses relating to each name.

(3)     Each page of the register shall be verified by the Registrar’s signature and each entry of renewals shall be attested by his initials.

(4)     On the registration of every pharmacist under the Act, the Registrar shall grant such pharmacist a certificate in Form F.

(5)     In the event of a certificate issued under sub-rule (4) being fost or accidentally destroyed, the holder may at any time during which such certificate is in force apply to the Registrar under Section 39 of the Act for a fresh certificate and the Registrar may, if he thinks fit on satisfactory proof as to the identity of the applicant grant such certificate on payment of a fee of 7 100. Certificates issued under this sub-rule shall be marked ‘Duplicate’.

(6)     Every person entitled under Sections 32 or 32A of the Act to be registered under the Act and desiring to have himself registered shall apply to the Registrar in Form G duly filled up and signed. Every such application shall accompanied by the fee prescribed in Rule 27.

(7)     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 entered therein and the registration of such person shall hold good till the 31st December of the year following the year in which registration is made.

(8)     Apperson desiring to continue his registration after the date mentioned sub-rule (1) shall submit to the Registrar an application therefore together with the fee prescribed in that behalf in rule 27 such application should preferably be made previous to the above mentioned date but may be made so as to reach the Registrar not later than 31 st March following.

(9)     The original registration certificate shall also be submitted with every such application and when the requirements of sub-rule (8) have been complied with and the renewal entered in the register, the Registrar shall endorse on the back of the registration certificate the renewal showing the date up to which the renewal will subsist, and return the registration certificate by registered post:

Provided that if the applicant is personally present, the Registrar may on being satisfied about his identity, hand it over to him.

(10)   Every renewal made under sub-rule (9) shall be entered in the register and attested by the Registrar with his dated signature.

(11)   When a renewal fee is not paid before the due date, the Registrar shall remove the name of the defaulter from the register after granting him a grace period of 30 days:

Provided that a name so removed may be restored to the register under Section 37 of the Act on payment of fees and penalty as prescribed in Rule 27:

Provided further that the name of any elected or nominated member shall not be removed from the register during the currency of the membership. However, the member shall renew the membership before the grace period itself.

(12)   An application for registration of an additional qualification under Section 35 of the Act shall be in Form H and. shall be accompanied by the fee prescribed in that behalf in Rule 27.

(13)   On the registration of additional qualifications under sub-rule 12 the Registrar shall grant such pharmacist a certificate in Form 1.

(14)   An 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 and the names of the 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.

(15)   Certified copies of entries in the register shall be issued | in Form J to anyone on payment of the fee prescribed in that behalf in Rule 27.

(16)   The fee prescribed in Rule 27 shall be levied for registering a change of name in the pharmacists Register.

(17)   The Council may erase from the register the name of any person who—

(a)      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 or are likely to be taken against him; or

(b)      has failed to furnish to the Registrar such information as the Council may requires within a period to be determined by the Council.

(18)   The Council may erase from the Register the name of any person whose name before or after the commencement of the Act has been removed from the roll, register or record of any University, hospital, Society or other body from which that person received the degree, diploma or certificate by virtue of the holding whereof he was registered, and any registration certificate issued to such person shall be deemed to be cancelled with effect from the date of such erasure.

(19)   The Registrar shall bring any application before the next meeting of the Council or the Executive Committee under sub-rule 17 or sub-rule 18 which shall consider the application and any objections thereto, and the President may put from the Chair the following question “Whether the Registrar shall erase the name of the registered pharmacist concerned from the pharmacy Register’.

(20)   The Registrar shall as soon as may be after the 1st day of April in each year cause to be printed copies of the registers as they stood on the said date and such copies shall be made available to persons applying therefore on payment of the charge prescribed by the Council and shall be evidence that on the said date the persons whose names are entered therein were registered pharmacists. The Registrar shall keep an interleaved copy of such printed list, wherein he shall make during the year any entry alteration or erasure that may be necessary.

(21)   It shall be the duty of every registered pharmacist who changes his address to intimate the fact to the Registrar within one month after such change.

(22)   There shall be made every year and entered in the printed pharmacy register an enumeration of:

(a)      The total number of persons in the published register;

(b)      The number of persons added by registration during the year;

(c)      The number of persons restored to the register;

(d)      The number of persons erased from the register stating the section of the Act under which the name has been erased; and

(e)      The number of persons removed by death.

CHAPTER XI FEES

Rule - 27.

The following fees shall be levied by the Council.—

CHAPTER XII PENAL REMOVALS FROM THE PHARMACY REGISTER

Rule - 28.

(1)     Every person registered under the Act who has been found guilty of improper conduct after inquiry by the Executive Committee, shall be liable to one of the following penalties:

(a)      Caution or reprimand or a caution and reprimand; or

(b)      Suspension for a specified period from practicing or performing acts pertaining to pharmacy; or

(c)      Erasure of his name from the register.

(2)     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 practicing of such person is contrary to the public welfare, the Executive Committee may hold an inquiry into the facts submitted and may order the suspension of such person for a period from carrying on his profession or practice of pharmacy.

(3)     Whenever information reaches the office of the Council that a pharmacist has been convicted of a cognizable 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.

(4)     Where the information in question is in the nature of a complaint by a person or body charging the pharmacist with infamous conduct in a professional respect, such complaint shall be made in writing addressed to the Registrar and shall state the grounds of complaint and shall be accompanied by one or more declarations as to the facts of the case.

(5)     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 belief 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.

(6)     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 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 refer, if necessary, to a solicitor for his advice and assistance and to instruct him to take the opinion of the counsel and otherwise to obtain such advice and assistance as they think fit. If the Committee is of the opinion that a prima facie case is not made out, the case shall not be proceeded with 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 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.

(7)     An enquiry with a view to the removal of a name from the register under Section 36 of the Act shall be instituted by the issuance 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 shall inform him of the day on which the Executive Committee intend to deal with the case and shall call upon the pharmacist 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 sent three weeks before the date of enquiry.

(8)     In every case in which the Executive Committee resolves that an enquiry shall be instituted, a notice of an enquiry shall be issued to either party 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 solicitors, 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.

(9)     Any answer, evidence or statement forwarded or application made by the pharmacist between the date of the issue the notice and the day named for the hearing of the charge shall be dealt with by the President in such manner as he, under legal advice, shall think fit.

(10)   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 of the counsel before the hearing of the case.

(11)   At the hearing of the case by the Executive Committee, its solicitor may be present to advice as to the conduct of the case and a counsel employed by it may act as Judicial Assessor. The complainant and also the pharmacist may be represented or assisted by a solicitor with or without a counsel.

(12)   Where a complainant appears personally or by a counsellor solicitor the following shall be the order of procedure.—

(a)      The Registrar will read to the Executive Committee the notice of the inquiry addressed to the pharmacist;

(b)      The complainant will then be invited to state his case by himself or by his legal representative and to produce his proofs in support of it. At the conclusion of the complainant proofs, his case will be closed;

(c)      The pharmacist will then be invited to state his case by himself or by his legal representatives and to produce his proofs in support of it. He may address the Executive Committee either before or at the conclusion of his proofs 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 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 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 be cross-examined by the adverse party and then re-examined by the party producing him. The Executive Committee reserves itself the right to decline to admit in evidence any declaration, where the declarant is not present or declines to submit to cross-examination:

(f)       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.

(13)   Where there is no complaint or no complainant appears the following will be the order of procedure:—

(a)      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;

(b)      The pharmacist will then be invited to state his case by himself or by his legal representatives and to produce his proofs in support of it. He may address the Executive Committee either before or at the conclusion of his proofs but only once;

(c)      The solicitor to the Executive Committee may be heard in reply if the Executive Committee so desire.

(14)   Upon the conclusion of the case, the Executive Committee will deliberate theron in private and at the conclusion of the deliberations, 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:—

(a)      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 inquiry, “that (here enter the name of the pharmacist) is proved to have been convicted of a cognizable offence as defined in the Code of Criminal Procedure, 1898, alleged against him in the notice of inquiry’:

(b)      In the case of pharmacist charged with infamous conduct in a professional respect.—

(i)       “that the Executive Committee do now proceed to decide the facts alleged against (name of the pharmacist) 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 on the following resolution to be put from the Chair.

(ii)      “that the fact of the following facts (specifying them) alleged against (name of the pharmacist) 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 Pharmacists’ Register or may postpone its judgment and adjourn the case until the next or some other future session.

(c)      In case a Pharmacist has been convicted of a cognizable 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 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. “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 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:—

(d)      In the case of a conviction “that having been proved to have been convicted of the felony (or misdemeanor or crime or offence) alleged against him in the notice of inquiry the registrar be directed to remove his name from the Pharmacists’ Register”.

(e)      In the case of a pharmacist charged with infamous conduct in a professional respect. 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 pharmacists, Register the name of, if resolution 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 do not see fit to direct the Registrar to remove from the Pharmacists’ Register the name of......... .

(15)   In the event of an adjournment of the hearing or a postponement of the judgment to another session, the Executive Committee, on the case coming on again for consideration, may hear the pharmacist and the complainant (if any) on the date fixed for the further consideration and shall request the attendance of the pharmacist on the date before Executive Committee and the complainant and the pharmacist shall each be requested to furnish to the Registrar in writing, not jess than fifteen days before the date so fixed, a statement in writing of any further facts or evidence which may desire to be laid before the Executive Committee:

Provided that notice shall be given so. as to allow at least twenty-eight days between the date on which the notice is given and the date appointed for the further consideration and that 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.

(16)   On the case coming before the Executive Committee for further consideration, the solicitor if present or the Registrar when the solicitor is not present shall, if necessary, state the facts and explain the position of the case to the Executive Committee. The pharmacist shall then be invited to address the Executive Committee either personally or by his legal representative of whom 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.

(17)   At the conclusion of the further hearing, the Executive Committee shall deliberate on the case in private and at the conclusion of the deliberations, the President shall call upon the Executive Committee to vote in an adjourned case of the same resolution as at the original hearing and in a case in which judgment was postponed on resolution (c), (d) or (e) of sub-rule (14) as the case may be.

(18)   If under the direction of the Executive Committee, all the qualifications of any pharmacist have been erased from the Pharmacists Register, then the Executive Committee shall, if they think fit, by formal resolution put by the President from the Chair, direct the Registrar to remove the name of such pharmacist from the pharmacists’ Register.

(19)   An order by the Executive Committee to remove the name of a registered pharmacist under the provisions of sub-section (1) of Section 36 of the Act shall be subjected to confirmation by the Kerala State Pharmacy Council under sub-section (3) of Section.36 and shalt not take effect until the expiry of three months from the date of such confirmation.

(20)   The Registrar shall upon the removal of any name from the register pursuant to the provisions of the preceding rules or of Section 36 of the Act, 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 of the pharmacist. The Registrar shall also send forthwith intimation of any such removal to the licensing authority under the Drugs Act of the State 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.

(21)   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 names so removed shall be published in the Gazette.

(22)   The Registrar shall within one month after any names have been removed from the Pharmacists’ Register by order of Executive Committee under Section 36 of the Act, send to the licensing bodies concerned, a list of all such names and shall call the attention of each such body to the following recommendation of the Executive Committee:—

The Executive Committee recommend that no person whose name has been once removed from and has to been restored to, the Pharmacists’ Register shall without previous reference to the Executive Committee be admitted to examination for any new qualification which is registrable in the Pharmacists’ Register.

CHAPTER XIII RESTORATION OF NAME TO THE PHARMACISTS’ REGISTER

Rule - 29.

(1)     Application for restoration to the Pharmacists Register of a name removed under Section 36 of the Act 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 of the Act direct the Registrar, if it thinks fit, to reenter the name in the register,

(3)     No application for the re-entry of a name removed from the register under Section 34 shall been 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.

(4)     Any person whose name has been removed from the register by the direction of Council under Section 36 of the act but who still possesses 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 writing addressed to the Council and signed the applicant and shall state the grounds on which the application is made;

(B)     The application shall be accompanied by—

(i)       a declaration made by the applicant setting forth the facts of the case and stating that he is the person originally registered; and

(ii)      by one of 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 sub-section (5) of Section 36 of the Act

(c)      A certificate in Form-M from two pharmacists registered under the Act as to his identity.

(5)     The statement in the application shall also be verified by certificates in writing 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;

(6)     Before the application is considered by the Council, the Registrar shall notify the name to the licensing bodies whose qualifications were held by the applicant the time his name was removed and shall further by letter addressed to the person or body (if any) on whose complaint the applicants name was removed, give notice of the application and of the time when the Council intends to consider the same.

(7)     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.

(8)     The application and the certificates referred in sub-rule (3) shall be in Forms N and O with such variations as circumstances may require. Printed forms shall be kept by the Registrar who shall supply, them to intending applicants.

CHAPTER XIV REGISTRAR CLERKS AND OFFICE HOURS

Rule - 30.

(1)     The post of the Registrar shall be of a permanent tenure. To be eligible for appointment to that post a candidate must have the qualification of M. Pharm degree with 5 years of professional experience or B.Pharm. degree with 10 years of professional experience, Possession of a degree in Law of a University established by law shall be considered as an additional desirable qualification.

Explanation.—

(i)       Drugs Control Department of Government of Kerala; or

(ii)      College of Pharmaceutical sciences; or

(iii)     a State or Central Hospital or a Private Hospital; or

(iv)    a University recognized by Government of Kerala; or

(v)      a factory owned by Government or private; or

(vi)    a research organization; or

(vii)   field of medical detailing; or

(viii)  drugs sales organization; or

(ix)    field of clinical trails or legal consultancy related to drugs by the term professional experience is meant the service rendered by a graduate pharmacist.

(2)     In the case of a new appointment there shall be a probationary period of one year.

(3)     The Registrar shall be a full-time officer of the Council.

(4)     The Registrar shall keep the registers in accordance with the provisions of the Act and these rules.

(5)     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.

(6)     The Registrar as Secretary of the Council shall conduct and have charge of the correspondence of the Council and shall issue all requisite notices in the matter required under these rules. (7) The Registrar shall perform all the duties that may be required of him by the Act and these rules.

(7)     The office of the Registrar shall be kept open during the days when Government Secretariat Offices are kept open. The Registrar shall not absent himself from his duties unless with the permission of the President. The President shall grant leave to the Registrar in accordance with the Kerala Service Rules.

(8)     The Registrar shall be authorised to obtain whatever temporary additional assistance that may be required, subject to the sanction of the President.

(9)     The Registrar shall have the general control of the management of the office of the council, Authority over the clerks and servants and superintendence of the building.

(10)   The duties of the clerks shall be assigned to them by the Registrar under the direction of the Executive Committee.

(11)   The clerks shall attend the office on all the days when Government Secretariat Offices are kept open and at other times when necessary and they shall not be absent themselves from their duties unless with the permission of the Registrar.

(12)   The peons shall attend the office according to the orders of the State Government in that matter. Leave to peons shall be granted by the Registrar in accordance with the principles laid down in the Kerala Service Rules.

CHAPTER XV COMMON SEAL

Rule - 31.

(1)     The common 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 shall in the custody of the Registrar.

(2)     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.

(3)     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.

CHAPTER XVI INSPECTION OF DOCUMENTS

Rule - 32.

The following shall be the conditions on which leave is granted to members of the Council to inspect the documents of the Council when not required for use by its legal advisers:—

(a)      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 granted;

(b)      The subject of the documents needed for inspection shall be stated;

(c)      The Registrar shall be held responsible for the safe custody of all documents;

(d)      It shall be an instruction to the Registrar to have documents so arranged with respect to chronological order or otherwise as to facilitate their inspection during office hours;

(e)      Documents under inspection shall not be removed from the premises of the Council;

(f)       All such documents and the information derived therefrom shall be regarded as strictly confidential.

CHAPTER XVII ACCOUNTS

Rule - 33.

(1)     The Council is authorised to receive for the purpose of its expenses, benefactions and contributions from private persons and bodies and to utilise for that purpose the proceeds of the sale of reports and other publications.

(2)     An account shall be opened in the State Bank of Travancore in the name of the Council and all the moneys of the Council shall be deposited in that Bank subject to the reservation mentioned in sub-rule (3) or sub-rule (4).

(3)     The Treasurer appointed under clause (a) of Section 26 of the Act, shall furnish a security for % 1000 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. He shall not retain in his hands a sum exceeding % 100, the balance being lodged in the bank to the credit of the council.

(4)     The Registrar, if appointed as treasurer under clause (a) of Section 26 of the Act, shall receive all moneys payable to the Council. He shall not retain in his hand a sum of more than = 100 the balance being lodged in the Bank to the credit of the council.

(5)     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 transaction of the Council for the month previous to the one in which the meeting is held. This statement shall, if possible, be sent with the notice calling the meeting.

(6)     The Registrar shall in the month of July in each year, prepare a statement of the income and expenditure of the preceding financial year and draw the attention of the council to such matters as seem deserving of notice.

(7)     As soon as possible after the statement of income and expenditure of the preceding financial year is approved, the Council shall request the Government to get the accounts for that year duly audited.

(8)     The annual accounts shall be made up by the Registrar under the direction of the Executive Committee.

(9)     In the month of September each year, an estimate of the revenue and of the expenditure of the Council for the succeeding financial year shall be laid before the Council.

(10)   Such estimate shall make provisions 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 revenues ordinarily anticipated and all fees received from registration and other sources the amount expected from the Government by way of grant.

(11)   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.

(12)   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.

(13)   A bill or other voucher presented as a claim for money shall be received and examined by the Registrar. If the claim is for a sum not exceeding % 50 and the bill is in order, he shall pay it, if the claim is for a sum exceeding % 50 and the bill is in order, payment shall be made after it is sanctioned by the President.

(14)   The Registrar shall immediately bring into account in the general cash book all money received or spent by the Council.

(15)   All the Bank cheques shall be signed by the President or his nominee and the Registrar.

CHAPTER XVIII TRAVELLING AND DAILY ALLOWANCES FOR ATTENDING THE MEETING OF THE COUNCIL ETC.

Rule - 34.

(1)     For attending the meetings of the Council, the Executive committee or any subcommittee, travelling and daily allowances shall be payable provided in sub-rule 135(2).

(2)     The travelling expenses of members shall be paid as follows:—

(a)      Government servants shall draw the travelling allowance and daily allowance to which they are entitled under the Kerala Service Rules;

(b)      Anon official member shall be paid one and a half first class fare for railway journeys, ’ 36 np per mile for road journeys as travelling allowance and Rs. 7.50 only per day as daily allowance provided that the meeting is held at a place where the permanent residence of a member is situated at a place within a radius of five miles from such residence, the member concerned is not entitled to either travelling allowance or daily allowance.

(3)     Employees of the Council shall be entitled to travelling allowance and daily allowance at the same rates as arc applicable to Government servents of the same class.

CHAPTER XIX PROSECUTIONS

Rule - 35.

(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 council which may institute proceedings in the matter or may decide to recommend to the Government to - take necessary action.

(3)     Neither the Council nor any member of the Council shall institute any legal proceedings against Government.

CHAPTER XX CODE OF ETHICS FOR PHARMACISTS

Rule - 36.

(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 the manufacture, stocking, distribution or sale of drugs.

(3)     Registered pharmacist 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)     Registered pharmacist shall not engage himself in any activity which is likely to cause negligence while dispensing drugs.

CHAPTER XXXI INTERPRETATION OF RULES

Rule - 37.

The decision of the Government on any question that may arise as to the intention, construction. or application of these rules shall be final.

CHAPTER XXII APPOINTMENT, QUALIFICATION, POWERS AND DUTIES OF INSPECTORS (SECTION 26 AOF PHARMACY ACT, 1948)

Rule - 38. Qualification of Inspectors.

No person shall be eligible for appointments as an Inspector, either on full time or part time basis under the Act, unless he/she—

(a)      Possesses a Degree in Pharmacy or a Diploma in Pharmacy with Degree in any discipline and has 10 years experience in the Government sector or public sector undertaking; and

(b)      is registered with the Kerala State Pharmacy Council.

Rule - 39. (1) Appointment of Inspectors.

(1)     No person shall be eligible for appointment as an Inspector, either on full time or part time basis under the Act, unless he/she—

(a)      possess a degree in pharmacy or a diploma in pharmacy with a degree in any discipline; and

(b)      is registered with the Kerala state pharmacy council

Rule - 40. Powers of Inspectors.

(1)     The Inspectors appointed by the Pharmacy Council under Section 26A of the Act are empowered to—

(a)      Inspect any premises where drugs are stocked, compounded, mixed or dispensed and submit a written report to the Registrar,

(b)      Examine any records, registers, documents or any other material objects available in the premises for the purpose of verifying the professional work of the pharmacists;

(c)      Enquire whether a person who is engaged in compounding or dispensing of drugs is a Registered Pharmacist or not; and

(d)      To exercise such other powers as may be necessary for carrying out the purpose of Chapters III, IV, V of the Act or any rules made thereunder.

(2)     Inspectors have the prescribed qualification may be appointed for the regions Thiruvananthapuram, Ernakulam and Kozhikode.

Rule - 41. Duties of inspectors.

Subject to the instructions of the Registrar it shall be the duty of the inspector—

(a)      To inspect the premises where drugs are stocked, compounded or dispensed and institutions impairing Pharmacy Education;

(b)      To enquire in to the complaints received by him from the Pharmacy Council and submit report to the Registrar;

(c)      To maintain a record of the all inspections made and actions taken. by him in the performance of his duties and submit copies of such records to the Registrar;

(d)      To investigate any complaint made in writing in respect of any contravention of the Act and the Rules thereunder and submit report to the Registrar;

(e)      To institute prosecutions under the order of the Executive Committee of the Pharmacy Council;

(f)       To obtain, as soon as possible, the order of the judicial Magistrate for the seizure of any articles which shall constitute evidence for the case:

(g)      To ensure that drugs are handled only by Registered Pharmacists in all the Hospitals, Dispensaries, Clinics and Medical Stores within his jurisdiction;

(h)     To ensure that the Registered Pharmacists follows the code of ethics.

By order of the Governor,

K. S. Srinivas,

Special Secretary to Government.

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KERALA STATE PHARMACY COUNCIL RULES, 2011

In exercise of the powers conferred by Section 46 of the Pharmacy Act, 1948 (Central Act 8 of 1948) and in supersession of the Kerala State Pharmacy Council Rules, 1961 published in Part | of the Kerala Gazette No. 45 dated the 14th November, 1961 and subsequent amendments made thereafter; the Government of Kerala hereby makes the following rules, namely:—

RULES

CHAPTER I PRELIMINARY

Rule - 1.

These rules may be called the Kerala State Pharmacy Council Rules, 2011.

Rule - 2.

In these rules, unless there is anything repugnant in the subject or context,—

(a)      “Act” means the Pharmacy Act, 1948;

(b)      “Council” means the Kerala State Pharmacy Council constituted under Section 19 of the Act;

(c)      “Dispensing” in relation to a medicine, means supplying a medicine or drug in accordance with the prescription of a registered medical practitioner, a registered dentist or a registered veterinary surgeon or a registered homoeopathic medical practitioner;

(d)      “Educational Regulations” means the Educational Regulations, 1991 and 2008;.

(e)      “Electoral Roll” means the electoral roll prepared by the Returning Officer for the purpose of conducting elections under Chapter III of the Act;

(f)       “Executive Committee” means the Executive Committee of the Council constituted under Section 27(1) of the Act;

(g)      “Form” means a form contained in the Appendix to these rules; Appendix should be incorporated in accordance with rules;

(h)     “Government” means Government of Kerala;

(i)       “Infamous conduct” means violation of the code of ethics prescribed under these rules;

(j)       “Life member” means a registered pharmacist or a pharmacist whose registration will be valid upto 10 year from the date of registration as a life member;

(k)      “Ministerial Staff’ means the clerks and other servants appointed by the Council under clause (b) of Section 26 of the Act;

(l)       “Presiding Officer’, “Polling Officer and Polling Assistant” means the Officers appointed by the Returning Officer. for the conduct-of elections in the manner ‘prescribed in accordance with Section 24 of the Act;

(m)    “Polling Booth” means an approved premise, approved by the Returning Officer for casting of votes by the eligible voters;

(n)     “President” means the President elected or nominated under Section 23 of the Act;

(o)      “Register” means the Register kept by the Council; containing the list of the registered pharmacists’;

(p)      “Registrar” means the Registrar appointed under Section 26 of the Act;

(q)      “Returning Officer” means the officer appointed by the Government, for conducting elections under Chapter III of the Act;

(r)      “Section” means a section of the Act;

(s)      “Treasurer” means the treasurer appointed by the Council under Section 26(a) of the Act;

The words and expressions used in the Act, but not defined in these rules shall have the same meaning assigned to them in the Act.

Rule - 3.

The office of the Council shall be at Thiruvananthapuram.

CHAPTER II MODE OF ELECTION

Rule - 4.

In the case of nominated members, the President shall inform the State Government of the vacancy, requesting them to fill the same.

Rule - 5. Returning Officer.

(1)     In the case of election under clause (a) of Section 19 of the Act, a suitable person appointed by Government shall be the Returning Officer, the Returning Officer shall be a person of and above the rank of an Under Secretary to Government or holding an equivalent position under the State Government. The Government may appoint the Returning Officer in advance taking into account the time required for the preparation of the Electoral Roll and such other dates as stated under Rule 6.

(2)     The terms and conditions of appointment and functions of the Returning Officer shall be such as may be prescribed by the Government and the Council shall bear all the expenses to meet out these terms and conditions.

(3)     The office of the Council shall also be deemed to be the office of the Returning Officer till the entire process of elections is over.

(4)     The Registrar and Manager of the Council shall be under the control of the Returning Officer, once the election process is initiated.

(5)     The Registrar shall from the date of appointment of the Returning Officer, provide all necessary facilities like Office room, stationery transportation and such other facilities as may be required by the Returning Officer for the smooth conduct of election to the Council.

Rule - 6.

The Returning Officer shall appoint and notify in the Kerala Gazette suitable date in such manner as he thinks fit for each of the following stages of the election, namely:—

(a)      date of notification of elections—elections have to be notified in such a way that a clear period of forty days (including holidays) are available from the date of publication of the final list of candidates to the date of voting;

(b)      date and time up to which nominations can be submitted time being 4 p. m. of the day so notified.

(c)      date of scrutiny of nominations which shall be the second day from the last day for nomination excluding holidays, counting the last day of submission of nomination as the first day;

(d)      date and time up to which nominations can be withdrawn, time being 12 noon of the day following the day on which scrutiny is conducted. Final list of candidates shall be published at 5 p. m. on the same day by the Returning Officer;

(e)      date and time for voting, counting and publication of results.

Rule - 7. Electoral Roll.

(1)     Draft electoral Roll shall be published by the Returning Officer and made available for scrutiny at the district information offices of all the Districts in the State of Kerala at least sixty days before the commencement of election to the Council.

(2)     The draft electoral roll shall be prepared by the Returning Officer from the register and shall contain the name, qualifications and addresses of every person qualified to vote for the election of a member to fill up the vacancy or vacancies.

(3)     A separate draft electoral roil shall be prepared for each District.

(4)     Objections, if any, to the draft electoral roll shall be informed in writing to the returning officer.

(5)     The returning officer, shall consider the objections, if any, received, to take all steps to rectify the same and publish the final electoral roll within forty days from the date of publication of the draft electoral roll. No objection shall be against the final electoral roll during the pendency of the election. Final electoral roll provided at the polling booths shall exclude the names of those who are issued with a postal ballot which shall be printed in a colour other than the one provided at the polling booths.

(6)     Copy of the electoral roll of each district shall be made available for sale to any person at a price of hundred rupees. District Electoral Roll in CD form shall be made available for sale at a price of Four Hundred Rupees.

Rule - 8. Nomination.

(1)     Out of six persons to be elected—

(a)      One shall be a teacher with not less than 10 years of teaching experience from among the teaching institutions of Pharmacy in the State;

(b)      One shall be a woman: provided that they should have the other qualifications prescribed in the Act.

(2)     Candidate for election must be proposed and seconded by persons qualified as electors. The nomination paper 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, all nominations subscribed by him/her shall be held to be void.

(3)     The candidate shall sign the nomination paper declaring that he/she is willing to serve on the Council, if elected, failing which the nomination paper shall be invalid.

(4)     Every candidate shall along with the proposal for nomination, deposit with the Returning Officer a sum of Rs. 1000 in cash and he/she shall not be deemed to be duly nominated unless the said deposit has been made. The deposit shall be forfeited to the Council if the candidate is not elected and the number of votes recorded in his/her favour is less than one eighth of the total number of votes recorded. The said deposit shall be returned, if it is not forfeited under this sub-rule.

(5)     Every proposal for nomination shall be in writing and shall be signed by the proposer and seconder and sent by post or otherwise, so as to reach the Returning Officer on or before the date appointed in that behalf.

(6)     The Returning Officer shall commence scrutiny of nomination papers on the day appointed for the. purpose. Any candidate may be present either in person or by an accredited representative at the time of such scrutiny. On completion of the scrutiny of nominations and after the expiry of the period within which candidature may be withdrawn under clause 7 & 8 of this rule, the Returning Officer shall forthwith declare the names of the candidates whose nomination papers are field valid by him.

(7)     Any candidate may withdraw his/her candidature by writing to the Returning Officer under his/her hand and seal so as to reach the Returning Officer before 12 noon of the day following the day of scrutiny of nominations.

(8)     In case the total number of candidates duly nominated does not exceed the number required to fill up the vacancy or vacancies notified, the Returning Officer shall declare all such candidates as elected unopposed at 5 p. m. on the day for publishing the final list of candidates.

(9)     If more candidates than are necessary to fill up the vacancy or vacancies be nominated, the Retuning Officer shall forthwith publish their names and addresses in the Gazette, and shall further cause their names to be entered in voting papers in the form as laid down in Ferm C.

Rule - 9. Procedure of Election.

(1)     Election will be conducted on the day notified for the purpose in all District headquarters.

(2)     Civil Headquarters of each District shall be the polling booth for that District.

(3)     The Returning Officer shall appoint the following staff for each District for the smooth conduct of election:

(a)      Presiding Officer;

(b)      Polling Officer; and

(c)      Polling Assistants-2.

(4)     The expenses viz. TA & DA for the staff, transporting charges or materials and cost of such materials as may be needed shall be met by the council.

Note.— (i) TA & DA for the staff shall be inconsonance with those admissible under KSRs;

(ii) Duty leave for the staff deputed for polling duty shall be sanctioned by the immediate higher authorities of that office;

(iii) Every polling staff will have to produce the authorisation letter from the higher authority to the respective Presiding Officer;

(iv) The Presiding Officers appointed shall report to the Returning Officer 48 hours before the commencement of polling.

(5)     The Returning Officer shall inform the State Headquarters of the respective District through the Home Secretary, Government of Kerala well in advance requesting to depute at least one police officer to be present at the polling station on the day of election.

(6)     The time of polling shall be from 10 a. m. to 5 p. m.

Note.— Any voter present at the polling station at the close of polling time shall be allowed to cast his/her vote.

(7)     A voter shall produce his/her identity card providing his/her valid registration in the Council before the officials in the booth at the time of polling. Photocopy of identity card or attested copy thereof or any other document in lieu of identity card shall not be accepted. In the case of life members, the identity card shall be one with the recent photograph. The fact that pharmacist has applied for renewal of registration shall not entitle him/her to vote.

(8)     A voter shall be entitled to cast his/her vote only in the District in which his/her address appears as per the Register kept in the Council. The fact that a voter is currently working in a different District by reason of transfer or by any reason shall not render him/her eligible to change the District for the purpose of voting.

(9)     A voter working in a private establishment shall be eligible for the rights and benefits enshrined under the Kerala Shops and Commercial Establishments Act, 1960 for the limited purpose of exercising his/her vote and the owner or proprietor thereof shall provide all such benefits to him.

Rule - 10. Postal Ballots.

(1)     Any voter desiring to exercise his/her vote through postal ballot shall write to the Returning Officer well in advance under his/her seal and dated signature with proof of his/her identity.

Note.— The proof of identity shall be a colour copy of the certificate of Pharmacy Registration containing the same address as is given in the Register of pharmacists accompanied by a recent photograph.

(2)     Upon receipt of the application for postal ballot, the Returning Officer shall verify the same with the Register kept in the Council and if he is satisfied, he shall send a postal ballot to the applicant at least fifteen days before the date of polling.

(3)     The voter who has received the postal ballot shall return the same after casting his/her vote so as to reach the Returning Officer before 8 a.m. on the day fixed for counting of votes. Any postal ballot received after 8 a.m. will not be considered for counting.

Rule - 11. Polling.

(1)     A voter who has been admitted into the booth after verifying his/her identity shall abide by the rules as instructed by the Presiding Officer. A voter shall wait for his/her turn. The voter on getting the ballot paper shall follow the instructions exhibited at the booth and after casting his/her vote shall put the ballot paper in the ballot box kept at the booth.

In case voting is done through the Electronic machine he shall make sure the voting for all the contesting candidates following the instructions exhibited.

(2)     The ballot boxes, properly covered, effectively tied and sealed shall be transported forthwith by the Presiding Officer and handed over to the Returning Officer housed at the polling station in the Civil headquarters, Trivandrum.

(3)     The Returning Officer shall tender a receipt of the ballot box with the box number and name of polling station clearly mentioned therein.

(4)     The Presiding Officers shall prepare the polling list duly signed by the voters in triplicate. The original of the polling list shall be enclosed in the ballot box, the duplicate shall be submitted to the Returning Officer for obtaining the receipt and the triplicate copy shall be separately enclosed in a cover marked with the words “Triplicate copy of voters’ list" with the name of the polling station and the date of polling and submitted to the Returning Officer.

Rule - 12. Counting of Votes.

(1)     The Returning Officer shall cause the counting of votes on the date notified for the purpose. Any candidate may be present in person or by his accredited representative at the time of counting of votes.

(2)     Postal ballots shall be counted at 8.30 a. m. on the day of counting.

(3)     When the counting of the votes has been completed, the Returning Officer shall forthwith declare the candidate or candidates, as the case may be, to whom the largest number of votes has been cast by the electorate, to have been elected to the Council and shall forthwith inform the successful candidates by letter of his/her having been elected to the Council.

(4)     A candidate who has been found elected after counting may, before the declaration of results, withdraw his/her candidature, by writing under his/her hand and. seal addressed to the Returning Officer and seconded by the same persons who had proposed and seconded his/her candidature at the time of nomination. Thereupon his/her seat on. the council shall be forfeited and in his/her place, the candidate to whom the next largest number of votes has been casted shall be declared to have been elected in the manner stated above.

(5)     When an equality of votes is found to exist between any two or more candidates and the addition of a vote will entitle anyone of them to be declared elected, the determination of the person to whom such one additional vote shall deemed to have been given shall be made by lot to be drawn by the Returning Officer until the required number of persons are elected.

Illustration.— Suppose in an election to the Council there were 12 candidates and after the fifth one with the maximum vote, there were three candidates having the same number of votes. In - such cases, their name will be shuffled and one name will be drawn from the lot to decide upon the sixth candidate. In case, after the fourth candidate, is elected, there are three candidates having equal votes, then the above procedure will be followed till the sixth candidate is decided.

(6)     The Returning Officer shall immediately after the declaration of results seal all the voting papers and all other documents relating another election and shall retain the same in safe - custody for a period of six months and the council shall not destroy or cause to them be destroyed, even after six months without the concurrence of the Government. All records of election shall be retained by the Registrar till the final disposal of disputes by Government or a Court of law as the case may be.

(7)     The Returning Officer shall inform the Government represented by the Secretary, Health and Family Welfare Department and the President of the Council the result of the election.

(8)     The President shalt upon receipt of the result of the election cause the same to be published in the Gazette.

Rule - 13. Disputes regarding election.

(1)     If any dispute arises as to intention, construction or application of the rules regarding the election the aggrieved person may submit a petition in writing, to the Returning Officer either in person or through a person authorized by him or by registered post with acknowledgment due within 7 days from the date of publication of the result.

(2)     The Returning Officer shall forward the petition received by him to the Secretary to Government, Health and Family Welfare Department together with his remarks thereon within 14 days of receipt of the petition.

(3)     The Government may, on receipt of an election petition or petitions from the Returning Officer, appoint within 21 days of the receipt of such petition or petitions a person not below the rank of Deputy Secretary to Government or a person holding an equivalent position in the service of Government as Enquiry Officer to enquire into the matter and furnish a report within 3 months from the date of receipt of the petition or petitions by the Enquiry Officer.

(4)     The Government shall, on receipt of report from the Enquiry Officer so appointed after satisfying the principles of natural justice, take a final decision on the petition or petitions within 45 days from the date of receipt of report from the Enquiry Officer.

(5)     The Government may, if it so decides, set aside an election after affording an opportunity of being heard to all candidates contested in the election, all officials engaged on election duty and any other person or persons whom Government may consider necessary to hear for taking such decision.

(6)     Once an election is set aside by the Government re-election shall be conducted within six months from the date of such setting aside as are necessary after taking such remedial measures so as to rectify the defects or like detects had crept in the conduct of the election so set aside.

Rule - 14. Term of Elected or Nominated Members.

(1)     The Government shall as far as possible, conduct the election well before the expiry of the normal term of office of the members previously elected so as to avoid undue extension of the term due to delay if any, in conducting the election. As far as possible Government shall conduct the Elections well before the expiry of 5 years of the members elected previously, so that the term of the elected and nominated members shall not get extended unduly due to the delay in conducting an election to the Council.

(2)     Government shall exercise due diligence to see that the members of the Council are - elected and nominated simultaneously so as to ensure the smooth functioning of the Council. For the smooth functioning of the Council, in accordance with Section 25 of the Act, Government shall exercise due diligence to have also the nominated members vis-a-vis the Elected members.

Rule - 15. Election of President and Vice-President.

(1)     At the meeting called for electing the President and the Vice-President of the Council the members present shall elect from amongst themselves a temporary Chairman, by ballot if necessary, to be taken by the Registrar for the meeting. Such Chairman shall preside over the meeting until the President of the Council is elected.

(2)     The President shall be elected by ballot. It shall be competent for any member to nominate by ballot a member for the office of the President. The temporary Chairman shall announce the names of the members as nominated and arrange for a ballot vote caste in the name of a person who has not been nominated by a member shall be declared as void.

(3)     If two persons alone have been nominated, the voting on the first ballot shall be final except in the case of equality of votes.

(4)     If more than two persons have been nominated, the candidate obtaining the lowest number of votes at the first ballot shall be eliminated and then processes shall continue until only two remain and then the ballot shall be final.

(5)     In the case of equality of votes, a further ballot shall be taken and if that be decisive the selection shall be made by drawing of lots.

(6)     The President having been elected shall take the Chairman and the members shall proceed to elect a Vice-President by following the procedure stated above.

Rule - 16. Election under Section 19(c) of the Act.

Election of the member of the Medical Council of the State as required by Section 19(c) of the Act shall be conducted at a meeting of the Council in accordance with the regulations of that Council.

Rule - 17.

The Government shall, after the declaration of the election, publish the name of the elected member, by notification in the Official Gazette. The notification shall be read by the President and the elected members shall then be introduced to the meeting by another member of the Council. The above procedure shall be adopted also in the case of nominated members.

CHAPTER III MEETINGS OF THE COUNCIL

Rule - 18.

(1)     The notice of every meeting shall be sent to each member by ordinary post by the Registrar or by speed post or telegram or through e-mail in the event it is felt necessary to convene the meeting at an early date.

(2)     The Council shall ordinarily meet at least once in three months preferably in February, May, August and September in a calendar year on such date and place as may. be fixed by the Executive Committee of the Council:

Provided that the President may call a special meeting at any time after 15 days notice to deal with any urgent matter requiring the attention of the Council:

Provided further that the President shall call a special meeting after 15 days notice if he receives a requisition in writing signed by not less than five members or 1/3 of the number of the existing members, whichever is less and stating the purpose of the meeting (such purpose being one within the scope of the Council’s function) for which they desire the meeting to be called.

(3)     The first meeting of the Council held in any calendar year shall be the annual meeting of the Council for that year.

(4)     At the special meeting called by the President in the exercise of his discretion under the second proviso to sub-rule (2) above only subject or subjects for the consideration of which the meeting has been called shall be discussed unless the Council by a resolution agrees to consider such other business.

(5)     Notice of every meeting other than a special meeting called under the first proviso to sub-rule (2) of Rule 18 or under the first proviso to clause (b) of sub-rule (i) of Rule 19 shall be dispatched by the Registrar to each member of the Council 30 days before the date of the meeting.

(6)     The Registrar shall issue with the 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 reached him and the names of the movers.

(7)     A member, who-wishes to move any motion not include in the preliminary agenda paper or an amendment to any item so included, shall give notice thereof to the Registrar not less than 25 clear days before the date fixed for the. meeting.

(8)     The Registrar shall, not less than 10 clear days before the date fixed for the meeting, that is, in the case of a special meeting with the notice of the meeting issue a complete agenda - paper showing the business to be brought before the meeting.

(9)     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.

(10)   The Registrar shall if time permits, cause a list of all amendments of which notice has been given under sub-rule (7) or sub-rule (9) of this rule to be made available for the use of every member:

Provided that the President may, 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 with this rule:

Provided further that nothing in this rule shall operate to prevent the reference by the Executive Committee of any matter to the Council at a meeting following immediately or soon after the meeting of the Executive Committee.

Rule - 19.

(1)     Amotion shall not be admissible.—

(a)      If the matter to which it relates is not within the scope of the Council’s objectives;

(b)      If it raises substantially the same question as a motion or amendment which has been moved or withdrawn with the leave of the Council within one year of the date of the meeting at which it is 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 one third 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 State Government in exercise of any of its function under the Act;

(c)      Unless it is clearly and precisely expressed and raises substantially one definite issue; or

(d)      If it contains arguments, inferences, ironical expressions or defamatory statements.

(2)     The Council shall disallow any motion which in its opinion is in admissible under subrule (1):

Provided that if a motion can be rendered admissible by amendment the President may, in lieu of disallowing the motion, admit it in the amended form.

(3)     When the Council disallows or amends a motion, the Registrar shall inform the member who gave notice of the motion of the order of disallowance or as the case may be of the form in which the motion has been admitted.

CHAPTER IV CONDUCT OF BUSINESS AT THE MEETINGS OF THE COUNCIL

Rule - 20.

(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 the President and the Vice-President are absent, by a Chairman to be elected by the members present from among themselves.

(2)     All references to the President under this Chapter shall be read as referring to the person for the time being presiding over a meeting.

(3)     For meeting of the Council, presence in person of one third of the effective members of the Council as on the date of the meeting of whom the President may be one shall form file a quorum:

Provided that in the case of a meeting adjourned to a subsequent date to consider the business left incomplete, no quorum shall be required:

Provided further that if a meeting is adjourned for want of quorum, intimation to that effect shall be given to the members absent.

(4)     If at the time appointed for a meeting the quorum is not present, the meeting shall not commence until the quorum is present and if the quorum is not present on the expiration of 30 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.

(5)     Every matter to be determined by the Council shall be determined on a motion moved by a member and put to the Council by the President.

(6)     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 is by show of hands, a division shall be taken if a member asks for it. ,

(7)     The President shall determine the methods of taking votes by division.

(8)     The result of the vote shall be announced by the President and shall not be challenged.

(9)     In the event of an equality of votes, the President shall have a second vote or a casting vote.

(10)   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 identical motion or motion shall thereupon be deemed to be withdrawn.

(11)   Every motion or amendment shall be seconded and if not seconded, shall be deemed to have been withdrawn.

(12)   When a motion has been seconded, it shall be stated from the Chair.

(13)   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-rule 14 and 15 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 in admissible under these rules.

(14)   An amendment must be relevant to and within the scope of the motion to which it is proposed.

(15)   Amotion may be amended by,—

(a)      The omission, insertion or addition of words therefrom or therein, or

(b)      The substitution of words for any of the original words.

(16)   When a motion or amendment is under debate no proposal with reference thereto shall be made other than,—

(a)      An amendment of the motion or of the amendments as the case may be;

(b)      A motion for the adjournment of the debate on the motion or amendment either toa specified date and hour or sine die;

(c)      Amotion for the closure, namely, a motion that the question be now put;

(d)      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 clauses (b), (c) or (d) shall be moved or seconded by a member who has already spoken on the question:

Provided also that motion referred to in clause (c) or (d) may be moved without a speech.

(17)   It shall be the discretion of the President to put or refuse to put to the Council. (a) Proposal of the nature referred to in clause (b) of sub-rule (16).

(18)   Unless the President is of the opinion that a motion or 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.

(19)   A motion or 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, if any member dissents from the granting of leave.

(20)   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 the permission of the President confine himself to seconding the motion or amendment, as the case may be, and speak thereon at any subsequent stage of the debate before the final reply.

(21)   During the meeting, the President may at any time, make an observation or suggestion or give information to elucidate any point to help the members in the discussion.

(22)   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 and no other member shall speak more than once to any debate, except with the permission of the President for the purpose of making 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 that point:

Provided further that a member who has spoken on a motion may speak again on an amendment subsequently moved to the motion.

(23)   No member shall, save with the permission of the President speak for more than five minutes:

Provided that the mover of a motion when moving the same may speak for ten minutes.

(24)   A speech shall be strictly relevant confined to the subject matter of the motion or amendment on which it is made.

(25)   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 President.

(26)   A member desiring to make any observations on the matter before the Council shall speak from his place shall rise when he speaks and shall address the President.

(27)   If at any time the President rises, any member speaking shall immediately resume his seat.

(28)   No member shall be heard except upon the business before the Council or with the special permission of the President in personal explanation in connection with some previous debate.

(29)   When an amendment to any motion is moved and seconded (or when two or more amendments are moved) the President shall before subjecting the same for deliberation of the Council thereon, state or read to the Council the terms of the original motion and of the amendment or amendments proposed.

(30)   An amendment to a motion shall be put to vote first.

(31)   If there be more than one amendment to a motion, the President shall decide in what order they shall be taken.

(32)   When any motion involving several points has been discuss, it shall be the discretion of the President to divide the motion and put each or any point separately to vote as he thinks fit.

(33)   The President after stating reasons, may at any time adjourn any meeting to any future day or to any hour of the same day.

(34)   Whenever a meeting is adjourned to a future date, the Registrar shall, if possible, send notice of the adjournment to every member who was not present at the meeting.

(35)   When a meeting has been adjourned to a future date the President may change such date to any other date and the Registrar shall send written notice of the change to each member.

(36)   At a meeting adjourned to a future date, any motion standing over from the previous date shall unless the President otherwise directs, take precedence over any other matter on the agenda.

(37)   Either at the beginning of the meeting after the conclusion of the debate on a particular item during the meeting, the President or a member may suggest a change in the order of business on the agenda and if the Council agrees, such a change shall take place.

(38)   No matter which had not been included on the agenda of the original meeting shall be discussed at an adjourned meeting.

(39)   The President shall decide ail points of order, which may arise, and his decision shall be final.

(40)   If any question arises with reference to procedure in respect of a matter for which these rules make no provision, the President shall decide the same and his decision shall be final.

CHAPTER V APPOINTMENT OF MEMBERS OF THE COUNCIL

Rule - 21.

(1)     The Registrar shall maintain a book containing the names of the members elected on the Council, the electorates they represent, the date of election of each such member, the terms of his office and the date of death or retirement, if any, of such member. The book shall also contain ~ similar particulars as regards the members nominated by Government. The Registrar shall keep the book always up to date so that it may show at a glance when the next election or nomination, as the case may be, has to be made.

(2)     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.

(3)     Sixty days before the expiration for the term of office of any member elected or nominated to the Council the Registrar shall make a report in writing regarding the vacancy to the President. Such report shall also be made to the President of the Medical Councils in respect of the vacancy caused under clause (c) of Section 19 of the Act and to the Government in the case of a vacancy in respect of nominated member.

(4)     If a vacancy occurs in the office of a member of the Council through death, resignation, absence without sufficient excuse from three consecutive meetings of the Council or through his ceasing to be a Registered Pharmacist if he is a member elected under clause (c) of Section 19 or ceasing to be a member of the Kerala Medical Council if he is a person elected under clause (c) of Section 19 of the Act, or otherwise previous to the expiry of his term of office, the Registrar shall make a report in writing regarding the vacancy to the President. The registrar shall make such report to the President of the Kerala Medical Council also in respect of-a vacancy caused in respect of a person elected under clause (c) of the said Section 19 and to Government in the case of a vacancy in respect of a nominated member in order to fill up the vacancy,

(5)     Atleast three of the members nominated by the Government under clause (b) of Section 19 of the Act shall be persons possessing any one of the following qualifications, namely D. Pharm or B. Pharm, M. Pharm or Pharm-D or a degree of any of the Indian Universities established by law or any other qualification granted by an authority outside India and approved by the Pharmacy Council of India under Section 14 of the Act:

Provided that out of the 5 nominated members to the Council, there shall be at least one person from among the academic faculty in the field of pharmaceutical education in the state - holding the Post of Assistant Professor and above:

Provided further that out of the 5 nominated members one shall be a woman holding a degree in pharmacy or working in the service of the Government or of a recognised University.

CHAPTER VI MINUTES OF THE COUNCIL

Rule - 22.

(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 15 days of the meeting and attested by him and a copy of the minutes shall then be sent to each member within 30 days of the meeting.

(3)     The minutes of each meeting shall contain such motions and amendments as have been moved and adopted or negatived with the names of the mover and the seconder, but 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 Registrar within 30 days of the despatch 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 corrections of the records of the meeting:

Provided that if no objection regarding the correctness of the minutes is received by the Registrar within 30 days of the despatch of a copy of minutes, 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:

Provided further that the President may direct that action to be taken on a decision of the Council before the expiry of the period of 30 days mentioned above.

(5)     The minutes of the Council shall as soon as 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 the each volume shall be supplied free to each member of the Council.

(6)     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 the meeting which shall be treated as “confidential” shall be kept in the office and shall be open to the members for inspection. A copy of the proceedings in a whole or in part shall be supplied to any member who may apply for it. Such copy shall be marketed confidential and be supplied on the payment of a sum fixed by the Council 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.

CHAPTER VII POWERS AND DUTIES OF THE PRESIDENT AND VICE-PRESIDENT

Rule - 23.

(1)     The President shall exercise such powers and perform such duties as are conferred by. or under the provisions of the Act, the rules made thereunder and the standing orders of the Council. He shall do only such acts as he considers necessary in the furtherance of the objects for which the Council is established.

(2)     if the office of 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.

CHAPTER VIII EXECUTIVE COMMITTEE

Rule - 24.

(1)     The Executive Committee of the Council shall consist of the President, who shall be the ex-officio Chairman of the Executive Committee, the Vice President, ex-officio and three other 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 one each from the elected and nominated members of the Council. The executive Committee so elected shall hold office till the election of the new Executive Committee.

(2)     The tenure of the executive committee shall be one year from the date of its constitution.

(3)     The Executive Committee shall ordinarily meet once in every month on such date as may be fixed by the President.

(4)     For a meeting of the executive committee three members including the President and the Vice-President shall form the quorum.

(5)     If there is any vacancy in the Executive Committee, the Committee shall itself fill up such vacancy by election of a member of the Council in such vacancy except in cases where a summons has been issued for a meeting of the Council before the occurrence of such vacancy when the Council itself shall by election fill up the vacancy in the committee. If any member of the executive committee is absent from two consecutive meetings without leave of the committee he shall ipso facto cease to be a member of the committee. If the period of absence exceeds one year, a vacancy shall be deemed to have been created.

(6)     In the case of the death of the Registrar or his incapacity from illness or of his proceeding on leave for more than one month, the Council shall appoint with the consent of the Government, a person in Government service or in any other service or a person who retired from Government service, having the prescribed qualification to hold the additional charge or to perform temporarily the additional duties of the Registrar.

(7)     The said appointment shall be subject to the following conditions,—

(a)      the person so appointed shall hold office only for a period of three months or till the Registrar joins back whichever is earlier:

Provided that if the Registrar extends the leave period beyond three months, then the Council may extend the tenure of the person appointed under sub-rule (6) above or shall appoint another person in Government service in the right manner;

(b)      the person so appointed shall, during such period, execute only emergency duties of the Registrar on week days;

(c)      the person so appointed shall be paid only an honorarium from the Council:

(d)      no person undergoing probation in the entry cadre shall be considered for the temporary post of Registrar.

(8)     Normally a person from the Drugs Control Department or Government College of Pharmaceutical Sciences shall normally be preferred for appointment as temporary Registrar.

(9)     The Executive Committee shall grant leave to the Registrar in accordance with the provisions of Kerala Service Rules.

(10)   The Executive Committee shall keep minutes of their proceedings which shall be dealt with according to the same procedure as that indicated in Chapter VI relating to the minutes of the Council.

(11)   The-Executive Committee shall superintend the publication of the Pharmacist Register which shall be prepared by the Registrar who shall cause it to be printed. A statement of the distribution of the copies of the Register to the Government Officers 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.

(12)   The Executive Committee shall order each year such number of copies of the Pharmacy Register to be printed as may seem to the Registrar to be required on a revision of the annual distribution list.

(13)   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 at which the subject is to come up for discussion.

(14)   The Executive Committee shall, before each meeting of the Council, prepare the business for the consideration of the Council.

(15)   The printing of the volumes of minutes shall be under the direction of the Executive Committee.

(16)   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,

(17)   Subject to the provisions of the preceding sub-rule all petitions addressed to the Council immediately before or during the sessions of the Council shall be laid upon the table.

(18)   The Executive Committee shall prepare reports on such subjects as may be indicated to it by the Council at its sittings or by the President at other times. The reports when finally approved by the Committee shall be presented to the Council.

CHAPTER IX SUB-COMMITTEE

Rule - 25.

(1)     The Council may constitute sub-committees consisting of persons who may or may not be members of the Council to report upon any matters which it may deem necessary to refer to them.

(2)     The members of a sub-committee constitutes under sub-rule (1) shall not be entitled to any fee for attending any meeting of the sub-committee. They shall be entitled to travelling expenses only.

CHAPTER X REGISTRATION

Rule - 26.

(1)     The Register of Pharmacist shall be maintained as required by sub-section (3) of Section 29 of the Act, and shall be in Form E.

(2)     The names shall be entered in the register in the order in which the applications for registration are admitted and sufficient space shall be left for future additions and alterations in the qualifications and addresses relating to each name.

(3)     Each page of the register shall be verified by the Registrar’s signature and each entry of renewals shall be attested by his initials.

(4)     On the registration of every pharmacist under the Act, the Registrar shall grant such pharmacist a certificate in Form F.

(5)     In the event of a certificate issued under sub-rule (4) being fost or accidentally destroyed, the holder may at any time during which such certificate is in force apply to the Registrar under Section 39 of the Act for a fresh certificate and the Registrar may, if he thinks fit on satisfactory proof as to the identity of the applicant grant such certificate on payment of a fee of 7 100. Certificates issued under this sub-rule shall be marked ‘Duplicate’.

(6)     Every person entitled under Sections 32 or 32A of the Act to be registered under the Act and desiring to have himself registered shall apply to the Registrar in Form G duly filled up and signed. Every such application shall accompanied by the fee prescribed in Rule 27.

(7)     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 entered therein and the registration of such person shall hold good till the 31st December of the year following the year in which registration is made.

(8)     Apperson desiring to continue his registration after the date mentioned sub-rule (1) shall submit to the Registrar an application therefore together with the fee prescribed in that behalf in rule 27 such application should preferably be made previous to the above mentioned date but may be made so as to reach the Registrar not later than 31 st March following.

(9)     The original registration certificate shall also be submitted with every such application and when the requirements of sub-rule (8) have been complied with and the renewal entered in the register, the Registrar shall endorse on the back of the registration certificate the renewal showing the date up to which the renewal will subsist, and return the registration certificate by registered post:

Provided that if the applicant is personally present, the Registrar may on being satisfied about his identity, hand it over to him.

(10)   Every renewal made under sub-rule (9) shall be entered in the register and attested by the Registrar with his dated signature.

(11)   When a renewal fee is not paid before the due date, the Registrar shall remove the name of the defaulter from the register after granting him a grace period of 30 days:

Provided that a name so removed may be restored to the register under Section 37 of the Act on payment of fees and penalty as prescribed in Rule 27:

Provided further that the name of any elected or nominated member shall not be removed from the register during the currency of the membership. However, the member shall renew the membership before the grace period itself.

(12)   An application for registration of an additional qualification under Section 35 of the Act shall be in Form H and. shall be accompanied by the fee prescribed in that behalf in Rule 27.

(13)   On the registration of additional qualifications under sub-rule 12 the Registrar shall grant such pharmacist a certificate in Form 1.

(14)   An 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 and the names of the 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.

(15)   Certified copies of entries in the register shall be issued | in Form J to anyone on payment of the fee prescribed in that behalf in Rule 27.

(16)   The fee prescribed in Rule 27 shall be levied for registering a change of name in the pharmacists Register.

(17)   The Council may erase from the register the name of any person who—

(a)      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 or are likely to be taken against him; or

(b)      has failed to furnish to the Registrar such information as the Council may requires within a period to be determined by the Council.

(18)   The Council may erase from the Register the name of any person whose name before or after the commencement of the Act has been removed from the roll, register or record of any University, hospital, Society or other body from which that person received the degree, diploma or certificate by virtue of the holding whereof he was registered, and any registration certificate issued to such person shall be deemed to be cancelled with effect from the date of such erasure.

(19)   The Registrar shall bring any application before the next meeting of the Council or the Executive Committee under sub-rule 17 or sub-rule 18 which shall consider the application and any objections thereto, and the President may put from the Chair the following question “Whether the Registrar shall erase the name of the registered pharmacist concerned from the pharmacy Register’.

(20)   The Registrar shall as soon as may be after the 1st day of April in each year cause to be printed copies of the registers as they stood on the said date and such copies shall be made available to persons applying therefore on payment of the charge prescribed by the Council and shall be evidence that on the said date the persons whose names are entered therein were registered pharmacists. The Registrar shall keep an interleaved copy of such printed list, wherein he shall make during the year any entry alteration or erasure that may be necessary.

(21)   It shall be the duty of every registered pharmacist who changes his address to intimate the fact to the Registrar within one month after such change.

(22)   There shall be made every year and entered in the printed pharmacy register an enumeration of:

(a)      The total number of persons in the published register;

(b)      The number of persons added by registration during the year;

(c)      The number of persons restored to the register;

(d)      The number of persons erased from the register stating the section of the Act under which the name has been erased; and

(e)      The number of persons removed by death.

CHAPTER XI FEES

Rule - 27.

The following fees shall be levied by the Council.—

CHAPTER XII PENAL REMOVALS FROM THE PHARMACY REGISTER

Rule - 28.

(1)     Every person registered under the Act who has been found guilty of improper conduct after inquiry by the Executive Committee, shall be liable to one of the following penalties:

(a)      Caution or reprimand or a caution and reprimand; or

(b)      Suspension for a specified period from practicing or performing acts pertaining to pharmacy; or

(c)      Erasure of his name from the register.

(2)     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 practicing of such person is contrary to the public welfare, the Executive Committee may hold an inquiry into the facts submitted and may order the suspension of such person for a period from carrying on his profession or practice of pharmacy.

(3)     Whenever information reaches the office of the Council that a pharmacist has been convicted of a cognizable 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.

(4)     Where the information in question is in the nature of a complaint by a person or body charging the pharmacist with infamous conduct in a professional respect, such complaint shall be made in writing addressed to the Registrar and shall state the grounds of complaint and shall be accompanied by one or more declarations as to the facts of the case.

(5)     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 belief 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.

(6)     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 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 refer, if necessary, to a solicitor for his advice and assistance and to instruct him to take the opinion of the counsel and otherwise to obtain such advice and assistance as they think fit. If the Committee is of the opinion that a prima facie case is not made out, the case shall not be proceeded with 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 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.

(7)     An enquiry with a view to the removal of a name from the register under Section 36 of the Act shall be instituted by the issuance 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 shall inform him of the day on which the Executive Committee intend to deal with the case and shall call upon the pharmacist 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 sent three weeks before the date of enquiry.

(8)     In every case in which the Executive Committee resolves that an enquiry shall be instituted, a notice of an enquiry shall be issued to either party 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 solicitors, 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.

(9)     Any answer, evidence or statement forwarded or application made by the pharmacist between the date of the issue the notice and the day named for the hearing of the charge shall be dealt with by the President in such manner as he, under legal advice, shall think fit.

(10)   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 of the counsel before the hearing of the case.

(11)   At the hearing of the case by the Executive Committee, its solicitor may be present to advice as to the conduct of the case and a counsel employed by it may act as Judicial Assessor. The complainant and also the pharmacist may be represented or assisted by a solicitor with or without a counsel.

(12)   Where a complainant appears personally or by a counsellor solicitor the following shall be the order of procedure.—

(a)      The Registrar will read to the Executive Committee the notice of the inquiry addressed to the pharmacist;

(b)      The complainant will then be invited to state his case by himself or by his legal representative and to produce his proofs in support of it. At the conclusion of the complainant proofs, his case will be closed;

(c)      The pharmacist will then be invited to state his case by himself or by his legal representatives and to produce his proofs in support of it. He may address the Executive Committee either before or at the conclusion of his proofs 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 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 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 be cross-examined by the adverse party and then re-examined by the party producing him. The Executive Committee reserves itself the right to decline to admit in evidence any declaration, where the declarant is not present or declines to submit to cross-examination:

(f)       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.

(13)   Where there is no complaint or no complainant appears the following will be the order of procedure:—

(a)      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;

(b)      The pharmacist will then be invited to state his case by himself or by his legal representatives and to produce his proofs in support of it. He may address the Executive Committee either before or at the conclusion of his proofs but only once;

(c)      The solicitor to the Executive Committee may be heard in reply if the Executive Committee so desire.

(14)   Upon the conclusion of the case, the Executive Committee will deliberate theron in private and at the conclusion of the deliberations, 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:—

(a)      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 inquiry, “that (here enter the name of the pharmacist) is proved to have been convicted of a cognizable offence as defined in the Code of Criminal Procedure, 1898, alleged against him in the notice of inquiry’:

(b)      In the case of pharmacist charged with infamous conduct in a professional respect.—

(i)       “that the Executive Committee do now proceed to decide the facts alleged against (name of the pharmacist) 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 on the following resolution to be put from the Chair.

(ii)      “that the fact of the following facts (specifying them) alleged against (name of the pharmacist) 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 Pharmacists’ Register or may postpone its judgment and adjourn the case until the next or some other future session.

(c)      In case a Pharmacist has been convicted of a cognizable 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 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. “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 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:—

(d)      In the case of a conviction “that having been proved to have been convicted of the felony (or misdemeanor or crime or offence) alleged against him in the notice of inquiry the registrar be directed to remove his name from the Pharmacists’ Register”.

(e)      In the case of a pharmacist charged with infamous conduct in a professional respect. 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 pharmacists, Register the name of, if resolution 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 do not see fit to direct the Registrar to remove from the Pharmacists’ Register the name of......... .

(15)   In the event of an adjournment of the hearing or a postponement of the judgment to another session, the Executive Committee, on the case coming on again for consideration, may hear the pharmacist and the complainant (if any) on the date fixed for the further consideration and shall request the attendance of the pharmacist on the date before Executive Committee and the complainant and the pharmacist shall each be requested to furnish to the Registrar in writing, not jess than fifteen days before the date so fixed, a statement in writing of any further facts or evidence which may desire to be laid before the Executive Committee:

Provided that notice shall be given so. as to allow at least twenty-eight days between the date on which the notice is given and the date appointed for the further consideration and that 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.

(16)   On the case coming before the Executive Committee for further consideration, the solicitor if present or the Registrar when the solicitor is not present shall, if necessary, state the facts and explain the position of the case to the Executive Committee. The pharmacist shall then be invited to address the Executive Committee either personally or by his legal representative of whom 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.

(17)   At the conclusion of the further hearing, the Executive Committee shall deliberate on the case in private and at the conclusion of the deliberations, the President shall call upon the Executive Committee to vote in an adjourned case of the same resolution as at the original hearing and in a case in which judgment was postponed on resolution (c), (d) or (e) of sub-rule (14) as the case may be.

(18)   If under the direction of the Executive Committee, all the qualifications of any pharmacist have been erased from the Pharmacists Register, then the Executive Committee shall, if they think fit, by formal resolution put by the President from the Chair, direct the Registrar to remove the name of such pharmacist from the pharmacists’ Register.

(19)   An order by the Executive Committee to remove the name of a registered pharmacist under the provisions of sub-section (1) of Section 36 of the Act shall be subjected to confirmation by the Kerala State Pharmacy Council under sub-section (3) of Section.36 and shalt not take effect until the expiry of three months from the date of such confirmation.

(20)   The Registrar shall upon the removal of any name from the register pursuant to the provisions of the preceding rules or of Section 36 of the Act, 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 of the pharmacist. The Registrar shall also send forthwith intimation of any such removal to the licensing authority under the Drugs Act of the State 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.

(21)   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 names so removed shall be published in the Gazette.

(22)   The Registrar shall within one month after any names have been removed from the Pharmacists’ Register by order of Executive Committee under Section 36 of the Act, send to the licensing bodies concerned, a list of all such names and shall call the attention of each such body to the following recommendation of the Executive Committee:—

The Executive Committee recommend that no person whose name has been once removed from and has to been restored to, the Pharmacists’ Register shall without previous reference to the Executive Committee be admitted to examination for any new qualification which is registrable in the Pharmacists’ Register.

CHAPTER XIII RESTORATION OF NAME TO THE PHARMACISTS’ REGISTER

Rule - 29.

(1)     Application for restoration to the Pharmacists Register of a name removed under Section 36 of the Act 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 of the Act direct the Registrar, if it thinks fit, to reenter the name in the register,

(3)     No application for the re-entry of a name removed from the register under Section 34 shall been 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.

(4)     Any person whose name has been removed from the register by the direction of Council under Section 36 of the act but who still possesses 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 writing addressed to the Council and signed the applicant and shall state the grounds on which the application is made;

(B)     The application shall be accompanied by—

(i)       a declaration made by the applicant setting forth the facts of the case and stating that he is the person originally registered; and

(ii)      by one of 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 sub-section (5) of Section 36 of the Act

(c)      A certificate in Form-M from two pharmacists registered under the Act as to his identity.

(5)     The statement in the application shall also be verified by certificates in writing 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;

(6)     Before the application is considered by the Council, the Registrar shall notify the name to the licensing bodies whose qualifications were held by the applicant the time his name was removed and shall further by letter addressed to the person or body (if any) on whose complaint the applicants name was removed, give notice of the application and of the time when the Council intends to consider the same.

(7)     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.

(8)     The application and the certificates referred in sub-rule (3) shall be in Forms N and O with such variations as circumstances may require. Printed forms shall be kept by the Registrar who shall supply, them to intending applicants.

CHAPTER XIV REGISTRAR CLERKS AND OFFICE HOURS

Rule - 30.

(1)     The post of the Registrar shall be of a permanent tenure. To be eligible for appointment to that post a candidate must have the qualification of M. Pharm degree with 5 years of professional experience or B.Pharm. degree with 10 years of professional experience, Possession of a degree in Law of a University established by law shall be considered as an additional desirable qualification.

Explanation.—

(i)       Drugs Control Department of Government of Kerala; or

(ii)      College of Pharmaceutical sciences; or

(iii)     a State or Central Hospital or a Private Hospital; or

(iv)    a University recognized by Government of Kerala; or

(v)      a factory owned by Government or private; or

(vi)    a research organization; or

(vii)   field of medical detailing; or

(viii)  drugs sales organization; or

(ix)    field of clinical trails or legal consultancy related to drugs by the term professional experience is meant the service rendered by a graduate pharmacist.

(2)     In the case of a new appointment there shall be a probationary period of one year.

(3)     The Registrar shall be a full-time officer of the Council.

(4)     The Registrar shall keep the registers in accordance with the provisions of the Act and these rules.

(5)     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.

(6)     The Registrar as Secretary of the Council shall conduct and have charge of the correspondence of the Council and shall issue all requisite notices in the matter required under these rules. (7) The Registrar shall perform all the duties that may be required of him by the Act and these rules.

(7)     The office of the Registrar shall be kept open during the days when Government Secretariat Offices are kept open. The Registrar shall not absent himself from his duties unless with the permission of the President. The President shall grant leave to the Registrar in accordance with the Kerala Service Rules.

(8)     The Registrar shall be authorised to obtain whatever temporary additional assistance that may be required, subject to the sanction of the President.

(9)     The Registrar shall have the general control of the management of the office of the council, Authority over the clerks and servants and superintendence of the building.

(10)   The duties of the clerks shall be assigned to them by the Registrar under the direction of the Executive Committee.

(11)   The clerks shall attend the office on all the days when Government Secretariat Offices are kept open and at other times when necessary and they shall not be absent themselves from their duties unless with the permission of the Registrar.

(12)   The peons shall attend the office according to the orders of the State Government in that matter. Leave to peons shall be granted by the Registrar in accordance with the principles laid down in the Kerala Service Rules.

CHAPTER XV COMMON SEAL

Rule - 31.

(1)     The common 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 shall in the custody of the Registrar.

(2)     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.

(3)     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.

CHAPTER XVI INSPECTION OF DOCUMENTS

Rule - 32.

The following shall be the conditions on which leave is granted to members of the Council to inspect the documents of the Council when not required for use by its legal advisers:—

(a)      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 granted;

(b)      The subject of the documents needed for inspection shall be stated;

(c)      The Registrar shall be held responsible for the safe custody of all documents;

(d)      It shall be an instruction to the Registrar to have documents so arranged with respect to chronological order or otherwise as to facilitate their inspection during office hours;

(e)      Documents under inspection shall not be removed from the premises of the Council;

(f)       All such documents and the information derived therefrom shall be regarded as strictly confidential.

CHAPTER XVII ACCOUNTS

Rule - 33.

(1)     The Council is authorised to receive for the purpose of its expenses, benefactions and contributions from private persons and bodies and to utilise for that purpose the proceeds of the sale of reports and other publications.

(2)     An account shall be opened in the State Bank of Travancore in the name of the Council and all the moneys of the Council shall be deposited in that Bank subject to the reservation mentioned in sub-rule (3) or sub-rule (4).

(3)     The Treasurer appointed under clause (a) of Section 26 of the Act, shall furnish a security for % 1000 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. He shall not retain in his hands a sum exceeding % 100, the balance being lodged in the bank to the credit of the council.

(4)     The Registrar, if appointed as treasurer under clause (a) of Section 26 of the Act, shall receive all moneys payable to the Council. He shall not retain in his hand a sum of more than = 100 the balance being lodged in the Bank to the credit of the council.

(5)     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 transaction of the Council for the month previous to the one in which the meeting is held. This statement shall, if possible, be sent with the notice calling the meeting.

(6)     The Registrar shall in the month of July in each year, prepare a statement of the income and expenditure of the preceding financial year and draw the attention of the council to such matters as seem deserving of notice.

(7)     As soon as possible after the statement of income and expenditure of the preceding financial year is approved, the Council shall request the Government to get the accounts for that year duly audited.

(8)     The annual accounts shall be made up by the Registrar under the direction of the Executive Committee.

(9)     In the month of September each year, an estimate of the revenue and of the expenditure of the Council for the succeeding financial year shall be laid before the Council.

(10)   Such estimate shall make provisions 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 revenues ordinarily anticipated and all fees received from registration and other sources the amount expected from the Government by way of grant.

(11)   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.

(12)   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.

(13)   A bill or other voucher presented as a claim for money shall be received and examined by the Registrar. If the claim is for a sum not exceeding % 50 and the bill is in order, he shall pay it, if the claim is for a sum exceeding % 50 and the bill is in order, payment shall be made after it is sanctioned by the President.

(14)   The Registrar shall immediately bring into account in the general cash book all money received or spent by the Council.

(15)   All the Bank cheques shall be signed by the President or his nominee and the Registrar.

CHAPTER XVIII TRAVELLING AND DAILY ALLOWANCES FOR ATTENDING THE MEETING OF THE COUNCIL ETC.

Rule - 34.

(1)     For attending the meetings of the Council, the Executive committee or any subcommittee, travelling and daily allowances shall be payable provided in sub-rule 135(2).

(2)     The travelling expenses of members shall be paid as follows:—

(a)      Government servants shall draw the travelling allowance and daily allowance to which they are entitled under the Kerala Service Rules;

(b)      Anon official member shall be paid one and a half first class fare for railway journeys, ’ 36 np per mile for road journeys as travelling allowance and Rs. 7.50 only per day as daily allowance provided that the meeting is held at a place where the permanent residence of a member is situated at a place within a radius of five miles from such residence, the member concerned is not entitled to either travelling allowance or daily allowance.

(3)     Employees of the Council shall be entitled to travelling allowance and daily allowance at the same rates as arc applicable to Government servents of the same class.

CHAPTER XIX PROSECUTIONS

Rule - 35.

(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 council which may institute proceedings in the matter or may decide to recommend to the Government to - take necessary action.

(3)     Neither the Council nor any member of the Council shall institute any legal proceedings against Government.

CHAPTER XX CODE OF ETHICS FOR PHARMACISTS

Rule - 36.

(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 the manufacture, stocking, distribution or sale of drugs.

(3)     Registered pharmacist 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)     Registered pharmacist shall not engage himself in any activity which is likely to cause negligence while dispensing drugs.

CHAPTER XXXI INTERPRETATION OF RULES

Rule - 37.

The decision of the Government on any question that may arise as to the intention, construction. or application of these rules shall be final.

CHAPTER XXII APPOINTMENT, QUALIFICATION, POWERS AND DUTIES OF INSPECTORS (SECTION 26 AOF PHARMACY ACT, 1948)

Rule - 38. Qualification of Inspectors.

No person shall be eligible for appointments as an Inspector, either on full time or part time basis under the Act, unless he/she—

(a)      Possesses a Degree in Pharmacy or a Diploma in Pharmacy with Degree in any discipline and has 10 years experience in the Government sector or public sector undertaking; and

(b)      is registered with the Kerala State Pharmacy Council.

Rule - 39. (1) Appointment of Inspectors.

(1)     No person shall be eligible for appointment as an Inspector, either on full time or part time basis under the Act, unless he/she—

(a)      possess a degree in pharmacy or a diploma in pharmacy with a degree in any discipline; and

(b)      is registered with the Kerala state pharmacy council

Rule - 40. Powers of Inspectors.

(1)     The Inspectors appointed by the Pharmacy Council under Section 26A of the Act are empowered to—

(a)      Inspect any premises where drugs are stocked, compounded, mixed or dispensed and submit a written report to the Registrar,

(b)      Examine any records, registers, documents or any other material objects available in the premises for the purpose of verifying the professional work of the pharmacists;

(c)      Enquire whether a person who is engaged in compounding or dispensing of drugs is a Registered Pharmacist or not; and

(d)      To exercise such other powers as may be necessary for carrying out the purpose of Chapters III, IV, V of the Act or any rules made thereunder.

(2)     Inspectors have the prescribed qualification may be appointed for the regions Thiruvananthapuram, Ernakulam and Kozhikode.

Rule - 41. Duties of inspectors.

Subject to the instructions of the Registrar it shall be the duty of the inspector—

(a)      To inspect the premises where drugs are stocked, compounded or dispensed and institutions impairing Pharmacy Education;

(b)      To enquire in to the complaints received by him from the Pharmacy Council and submit report to the Registrar;

(c)      To maintain a record of the all inspections made and actions taken. by him in the performance of his duties and submit copies of such records to the Registrar;

(d)      To investigate any complaint made in writing in respect of any contravention of the Act and the Rules thereunder and submit report to the Registrar;

(e)      To institute prosecutions under the order of the Executive Committee of the Pharmacy Council;

(f)       To obtain, as soon as possible, the order of the judicial Magistrate for the seizure of any articles which shall constitute evidence for the case:

(g)      To ensure that drugs are handled only by Registered Pharmacists in all the Hospitals, Dispensaries, Clinics and Medical Stores within his jurisdiction;

(h)     To ensure that the Registered Pharmacists follows the code of ethics.

By order of the Governor,

K. S. Srinivas,

Special Secretary to Government.