Q. Under what condition the name of pharmacist is removed from the register as per pharmacy act 1948 ?
Ans -
Removal of the names from the register:
The Executive Committee after giving an opportunity to a person concerned to explain his conduct and on sufficient inquiry if satisfied, orders to remove the name of a registered pharmacist on following conditions:
1. If his name has been entered in the register by error or on account of misrepresentation or suppression of material fact or,
2. If he has been convicted of any offence or has been guilty of any infamous conduct in any professional respect, which in the opinion of the Executive Committee, renders him unfit to be kept in the register, or
3. That a person employed by him to work under him, in connection with any business of pharmacy has been convicted of an offence or held guilty of any such infamous conduct, if such person is a registered pharmacist, he is liable to remove his name from register.
Such order shall be made only if Executive committee is satisfied that:
(a) The offence or infamous conduct was instigated or conceived at by the registered pharmacist; or
(b) The registered pharmacist has at any time during the period of twelve months immediately preceding the date on which the offence or infamous conduct took place, committed similar offence or guilty of infamous conduct; or,
(c) Any person employed by the registered pharmacist in connection with any business of pharmacy, has been guilty of similar offence during the preceding twelve months and that the registered pharmacist had knowledge of such previous offence or
infamous conduct; or,
(d) The offence or infamous conduct continued over a long period and then too the registered pharmacist had or reasonably ought to have had knowledge of continuing offense or infamous conduct.
(e) The offence is an offence under the Drugs and Cosmetics Act, and the registered pharmacist did not use his intelligence to see that the provision of this Act were being observed at his place of business by persons under his control.
The removal of names from the register may either be permanent or only for a specified Register should be confirmed by the State Pharmacy Council and it takes effect only after period of time. The order of Executive Committee directing removal of a name from the three months of the date of such confirmation. This period is probably given to allow the the removal of his name, may appeal to the State Government within thirty days from the person to find an alternative means of livelihood. A person aggrieved by the order directing date on which he received such an order and the decision of the State Government shall be final. A person, whose name has been removed from the register, is required to surrender his certificate of registration to the Registrar of the Pharmacy Council concerned and the name so removed shall be published in Official Gazette.
Restoration of the names to register:
The State Council may at any time for reasons appearing sufficient to it, orders that, upon payment of the prescribed fee, the name of a person removed from the register shall be restored to the register. Where an appeal against removal was made and rejected by State Government the name can not be restored unless confirmed by State Government
Issue of duplicate Certificates of registration:
If it is shown to the satisfaction of the Registrar that a certificate of registration has been lost or destroyed, the Registrar may on payment of prescribed fee, issue a duplicate certificate in prescribed form.
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