 the pharmacy (amendment) bill, 1958(as introduced in lor sabha)  the pharmacy (amendment) bill, 1958 (as introduced in lok sabha) a billfurther to amend the pmrmacy act, 1948 be it enacted by parliament in the ninth year of the republic of india as foliows:-1 (1) this act may be called the pharmacy (amendment) act, short 19m title and commence--ment 5 (2) section 19 shall come into force at once; and the remaining provisions shall come into force on such date as the central government may, by notification in the official gazette, appoint; and different dates may be appointed for different states or areas thereof i of 1948 10 z in section 1 of the pharmacy act, 1948 (hereinafter referred amendment to as the principal act),-ofseaion i (a) for sub-section (2), the following sub-section shall be substituted, namely:-oj (2) it extends to the whole of india except the state is of jammu and kashmir"; (b) in sub-section (3), the words "not later than three years from the commencement of this act," shall be omitted; and the following proviso shall be inserted at the end, namely:-"provided that where on account of the territorial changes brought about by the reorganl18tion of states on the 1st day of november, 1956, chapters iii, iv and v have effect only in a part of a state, the said chapters shan take effect in the remaining part of that state from such date as the state government may in like manner appoint"  3 in section 2 of the principal act,-5 amendment of section 2 (a) for clause (c), the following clause shall be substituted, namely:-'(e) "indian university" means a university established or incorporated under any law for the time being in force in the territories to which this act extends;'; 10 (b) for clause (f), the following clause shall be substituted, namely:-'(f) "medical practitioner" means a person-(i) holding a qualification granted by an authority specified or notified under section 3 of the indian medical 15 degrees act, 1916, or specified in the schedules to the indian medical council act, 1956; or (ii) registered or eligible for registration in a medical register of a state meant for the registration of persons practising the modern scientific system of ao medicine; or (iii) registered 01' eligible for regiltration in the register of dentists for a state under the dentists act, 1948; or (iv) who is engaged in the practice of veterinary 25 medicine and who possesses qualifications approved by , the state government;'; (e) clause (k) shall be omitted  4' in section 3 of the principal act,~amendment of section 3  (a) after clause (d), the fo~lowing clause shall be inserted, )0 namely:-"(dd) the drugs controller, india, ex officio or if he is unable to attend any meeting, a person authorised by him in writing to do 50;"; (b) for the proviso, the following proviso shall be substituted, namely:-"provided that for five years from the date on which this chapter comes into force in the state of kenla, mysore or rajasthan, as the ease may be, instead of a member elected under clause (g), the state government shall nominate one member, being a person eligible for reptration as a pharmacist under section 31 " 5 in section 5 of the principal act, in sub-section (1), the proviso amendment 10 shall be omitted ofsectionj 6 in section 8 of the principal act, in sub-section (1), the proviso amendment shall be omitted ofacction8 7 in section 19 of the principal act, after clause (d), the follow- amcn~nt of section 19· ing c1au~ shall be inserted, namely:-1$ , "(dd) the officer-in-charge of drugs control organisation of the state under the drugs act, 1940, ex officio or if he is unable to attend any meeting, a person authorised by him in writing to do so;" 8 in section 21 of the principal act, in sub-section (1), after amendment 30 clause (d), the following clause shall be inserted, namely:-of section 11 "(dd) the officer-in-charge of drugs control organisation of each participating state under the drugs act, 1940, ex officio 01 if he is unable to attend any meeting, a person authorised by him in writing to do so;" 35 9 in section 31 of the principal act for the words "a person amel~ment shall be entitled", the words "a person who has attained the age of ~~sect\(ln eighteen years shall be entitled" shall be substituted 10 in section 32 of the principal act,-( 4) in sub-section (1) ,-amendment of section 31 30 (i) for the words "a person shall on payment of the prescribed fee", the words "a person who has attained the age of eighteen years shall on payment of the prescribed fee" shall be substituted; (ii) in the proviso, for the words "under this sub-sec-35 tion", the words, brackets and letters "under clause (4) or clause (c)" shall be substituted; (b) in sub-section (2) ,-(i) for the words "twenty-one years", the words "eighteen years" shall be substituted; (ii) the words "or is a registered pharmacist in anothe! state" shall be inserted at the end insertion of 11  after section 32 of the principal act, the following section new tecdon aball be inlerted, namely:-3la "32a (1) notwithstanding anything contained in section 32, 6 a state council may also permit to be entered on the register-special proviaion5 for registration of certaid persool (a) the names of displaced persons who have been carrying on the business or profession of pharmacy as their principal means of livelihood from a date prior to the 4th day of march, 1948, and who satisfy the conditions for registration 10 as set out in section 31; (b) the names of citizens of india who have been carrying on the business or profession of pharmacy in any country outside india and who satisfy the conditions for ~gistration as set out in section 31; 15 (c) the names of persons who resided in an area which has subsequently become a territory of india and who satisfy the conditions for relistration as set out in section 31; (d) the names of persona who carryon the business or» profesaion of pharmacy in the state, and would have satisfied the conditions for registration as set out in section 31, on the date appointed under sub-section (2) of section 30, had they applied for registration on or before that date; (e) the names of persons who were qualified to be 25 entered in the register for a state as it existed immediately before the 1st day of november, 1956, but who, by reason of the area in which they resided or carried on their business or profession of pharmacy having become part of a state as formed on that date, are not qualified to be entered in the 30 register for the latter state only by reason of their not having passed either a matriculation examination or an examination prescribed as being equivalent to a matriculation examination or an approved examination or of their not possessing a qualtfteation approved under ijection 14;  35 <f> the names of persons-(i) who were included in the register for a state ab it existed immediately before the 1st day of novem~ ber, 1ge6; and (ii) who, by realon of the area in which they ·resided or carried on their business or profession of pharmacy having become part of a state as formed on that date, reside or carryon such business or profession in the latter statej 10 is (g) the names of persons who reside or carry on their business or profession of pharmacy in an area in which this chapter takes effect after the commencement of the pharmacy (amendment) act, 1958, and who satisfy the conditions for registration as set out in section 31 (2) any person who desires his name to be enrered in the register in pursuance of sub-section (1) shall make an application in that behalf to the state council, and such application shall be accompanied by the prescribed fee (3) the provisions of this section shall remain in operation for a period of two years from the commencement of the pharmacy (amendment) act, 1958: 20 provided that the state government may, by notification in the official gazette, extend the period of operation of clause (4), clause (b) or clause (c) of sub-section (1) by such further period or periods, not exceeding two years in the aggregate, as may be specified in the notification explanation l-for the purposes of clause (a) of subsection (1), "displaced person" means any person who on account of the setting up of the dominions of india and pakistan or on account of civil disturbances or the fear of such disturbances in any area now forming part of pakistan, has, on or after the 1st day of march, 1947, left or been displaced from his place of residence in such area and who has since then been residing in india 30 explanation 2-for the purposes of clauses (b), (c) and (g) of sub-section (1), the periud referred to in clause (d) of section 31 shall be computed with reference to the date of application 3s 12 in section 34 of the principal act, in sub-section (3) i for the words "in the prescribed manner endorse the certificate of registration, accordingly", the words "issue a receipt therefor and such receipt shall be proof of renewal of registration" shall be substituted 13 in sub-section (1) of section 36 of the principal act,-amendment of ketlon ]6 (ll) in clause (iii), after the words "for the purposes of his business of pharmacy", the words "or employed to work under him in connection with any business of pharmacy" shall ~ inserted; (b) in the provisio,-(i) in clause (c), after the words "employed by the registered pharmacist for the purposes of his business of s pharmacy", the words "or employed to work under him in connection with any business of pharmacy" shall be inserted; (ii) in clause (e), after the words "by persons employed by him", the words "or by persons under his control" shall 10 be inserted 14 for section 40 of the principal act, the following section shall be substituted, namely:-substitution of new section for !lection 40 printing of register and c vid, ntiarv value of  entries therein "40 (1) as soon as may be after the 1st day of april subsequent to the commencement of the pharmacy (amendment) 15 act, 1958, the registrar shall cause to be printed copies of the register as it stood on the said date (2) the registrar shall thereafter cause to be printed as soon as may be after the 1st day of april in each year copies of the annual supplement to the register referred to in sub-section 20 (1), showing all additions to, and other amendments in, the said register (3) (a) the register shall be brought up-to-date three months hefore ordinary elections to the state council are held and copies of this register shall be printed as (b) the provisions of sub-section (2) shall apply to the register as 80 printed as they apply to the register referred to in 811 b-section ( 1 )  (4) the copies referred to in sub-section (1) or subsection (2) or sub-section (3) shall be made available to persona 30 applying therefor on payment of the prescribed charge nnd shall be evidence that on the date referred to in the register or annual supplement as the case may be, the persons whose names are entered therein were regi!ter~d pharmacists 15 in section 41 of the principal act,-35 (a) in clause (b) of sub-section (2), after the words "or any combination of such words", the words "or of any such word with any other word" shall be inserted; (b) in sub-section (3), after the words "the state government or", the words "any officer authorized in this behalf by the state government or by order of" shall be inserted 16 in section 42 of the principal act,-=t:edt (a) in sub-section (1), the words "except under the direct 42· and personal supervision of a registered pharmacist" shall be omitted; (b) in sub-section (3), for the words "an order of the state government", the words "order of the state government or any 10 officer authorised in this behalf by the state government, or by order of the executive committee of the state council" shall be substituted 17 in sub-section (2) of section 46 of the principal act,-amendment ofsecuon (a) in clause (j), the words "and the manner of endorse- 46 ment of renewals thereof" shall be omitted; is (b) after clause (k), the following clause shall be inserted, namely:-"(kk) the conduct of pharmacists and their duties in relation to medical practitioners, the public and the profes-20 sion of pharmacy;" 18 (1) where on account of the territorial changes brought about s~cial pro-  visions for by the reorgamsatlon of states on the 1st day of november, 1956, a dissolution state council is functioning either in a part of a state or in more or ~ecoandnsti-- tuuon than one state, the central government may, after consultmg the reorganisa-as state government or governments concerned by order provide for teion ofsltate - ouocl s all or any of the followmg matters, namely:-(a) the dissolution of the state council; (b) the reconstitution and reorganisation in any manner whatsoever of the state council, including the constitution, 30 where necessary, of new state councils; (c) the extension of the term of office of the members of a state council for any period or periods not exceeding two years in the aggregate; (d) the area in respect of which the reconstituted state 3s council or new state council shall function and operate; (e) the transfer, in whole or in part, of the assets, rights and liabilities of the state council (including the rights and liabilities under any contract made by it) to any other state councils or state governments and the terms and conditions of iluch transfer; (f) the substitution of any such transferee for the state council or the addition of any such transferee, as a party to any legal proceeding to which the state council is a patty; and 5 the transfer of any proceedings pending before the state council to any such transferee; 31 of 1956 (g) the transfer or re-employment of any employees of the state council to, or by, any such transferee and subject to the provisions of section 111 of the states reorganisation 10 act, 1956, the terms and conditions of service applicable to such employees after such transfer or re-employment; (h) such incidental, consequential and supplementary matters as may be necessary to give effect to the purposes of this section 15 (2) where an order is made under this section, transferring the assets, rights and liabilities of any state council, then, by virtue of that order, such assets, rights and liabilities of' the state council shall vest in, and be the assets, rights and liabilities of, the transferee 20 (3) every order made under this section shall be published in the official gazette and shall be laid before each house of parliament, as soon as may be, after it is made validation acts 19 chapters iii, iv and v of the principal act shall be deemed tl? , have taken effect in the territories which immediately before the 25 commencement of the constitution were either comprised' in the province of bombay or being administered as if they formed part of that province, on the earliest date on which any act, proceeding' ur thing was done or taken in the said territories by the government or by any officer of government or by any other authority in 30 the belief or purported belief that the said chapters had taken effect in the said territories and that such act, proceeding or thing was being done or taken under the said chapters; and all acts, proceedings and things of the nature referred to above, done or taken in the said territories between the said date and the commencement 35 of this section by the government or by any officer of government or by any other authority shall f9r all purposes be deemed to be, and to have always been, done or taken in accordance with law; and no suit or other proceeding shah be maintained or continued against the government or any person or authority whatsoever on 40 the ground that any such act, proceeding or thing was not done or taken in accordance with law  statement of objects and reasonsthe pharmacy act, 1948 (8 of 1948), which provides for the regulation of the profession and practice of pharmacy has been in force since 1948 this bill seeks to amend the act so as to give effect to the following objects, namely:-(1) the extension of the act to the areas comprised in the former part b states; (2) the introduction of provisions necessary to meet the situation which has arisen on account of the reorganisation of states which took effect on 1st november, 1956; (3) the registration of certain categories of persons opportunity has also been taken to make a few minor amendments in the act, the need for which has been brought to light in the course of the administration of the act during the last ten years the notes on clauses appended hereto explain the provisions of the bill, wherever necessary d p karmarkar new delhi; the 1st december, 1958 clawe 2-the act now in force does not extend to the areas comprised in the former part b states further, after the reorganisation of states, it is operative in some parts of a reorganised state but not in the other parts thereof sub-clause (a) seeks to extend the act to the whole of india except the state of jammu and kashmir, while sub-clause (b) will enable a state government to bring the provisions of chapters iii, iv and v of the act into operation in any portion of the state in which they were not operative before reorganisation sub-clause (b) also proposes to omit the time-limit of three years laid down in section 1 (3) for bringing these chapters into operation, since that time-limit expired long ago clawe 3-sub-clause (a) -the definition of 'indian university' is being amplified to cover a university established by a law of a former part b state legislature sub-clawe (b) -the existing definition of "medical practitioner" is being amplified for the purpose of bringing within its scope dentists and veterinary practitioners who also practise the modern scientific system of medicine clawe 4-sub-clause (a) and clauses 7 and a-the drugs controller, india, and the drugs controller of a state are not members of the pharmacy council of india and the state council respectively these officers who are intimately connected with the licensing of drugs and pharmacies under the drugs act, 1940, are being made ex officio members of the central council and state council respectively clause 4-sub-clause (b) -the bill seeks to extend the act for the first time to the states of kerala, mysore and rajasthan as it will take time for members to be elected by these councils, the sub-clause vests in these state governments the power of nominating members for an initial period of five years clawe5 and 6-the amendments seek to omit provisions which are spent clawes 9 and lo-clause 9 and sub-clauses (a) (i) and (b) (i) of clause 10 seek to amend sections 31 and 32 sections 31 and 32 (1) do not prescribe a minimum age-limit for a person who desires his name to be entered in the register it is now proposed to fix the age-limit in these sections at 18 years, since it is considered not desirable to permit the registration of minors the age-limit of 21 years specified in section 32 (2) for subsequent registration is rather high, as ordinarily pharmacists complete their period of training after matriculation at the age of 18 years the age-limit is therefore being reduced to 18 sub-clause (a) (ii) and sub-clause (b) (ii) of clause 10 will entitle a pharmacist registered in one state to be registered as such in another state on the strength of his registration in the former state clause h-clauses (a) to (g) of new section 32a (1) seek to permit the registration of certain categories of persons who, though eligible for registration under section 31, could not, or did not, get themselves registered or may have been affected by the reorganisation of states, but for whom suitabl~ provisions require to be made it is, however, provided that all these new categories of persons should satisfy the conditions for registration set out in section 31, before they are registered further, this provision is intended to be operative only for a limited period clause l2-the amendment seeks to dispense with the need for the making of an endorsement by the registrar on the certificate of registration, when the annual renewal fee is paid clause l3-the amendments proposed will enable the removal of the name of a registered pharmacist from the register in a case where a person runs the pharmacy and employs for that purpose a registered pharmacist as well as assistants under that pharmacist and the assistant is convicted of an offence or is guilty of infamous conduct in a professional respect clause h-as the printing of the register annually causes unnecess~ry expenditure to st2te councils the printing of an annual supplement containing additions and amendments to the register is being proposed the printing of an up-to-date register once in five years, ie, before elections, is however, being provided for clause 15-sub-clause (a) -the amendment seeks to prohibit the combination of any of the words mentioned in section 41 (2) (b) with any other word not so mentioned, because even in such cases persons are likely to be considered as registered pharmacists clause l6-sub-clause (a) seeks to prevent the dipensing of medicines by an unqualified person under the direct and personal supertrision of ,a registered pharmacist, as this provision is not desirable from the point of view of the safety of the public clause 17-sub-clause (b) is intended to provide for the preparation of a code of ethics for pharmacists, which will be of assistance in the enforcement of the act clause 18-0n account of the reorganisation of states, some of the existing state councils are functioning in more thal1 one state by virtue of section 109 of the states reorganisation act, 1956 necessary enabling provisions are, sought to be made whereby state councils may be suitably reorganised clause 19-although action was taken under the act, no formal notification was issued by the state government of bombay for bringing chapters iii, iv and v into effect before taking such '1lction this clause seeks to regularise the position secp(>n 3 of the pharmacy act, 1948 (8 of 1948), provides for the constitution of the central pharmacy council of india (known aa the "central council') it is proposed to' amend this ·section so as to provide that the drugs controller (india) who is intimately connected· with the problems concerning the licensing of pharmacies, etclor, in case he is unable to attend any meeting, a person authorised by him in writing in this behalf, should also be a member of the central council again, as a result of the reorganisation of states, some additional members will be elected to the central council by the state councils of pharmacy (known as 'state councils') 'fhe central council meets normally twice a year and the expenditure involved on account of travelling allowance of the drugs controller (india) and some of the additional members elected by state councils is not likely to exceed rs 3,000 per annum this expenditure has to be borne by the central government the receipts of the central council from state councils may show an increase consequent on the formation of state councils in states to which the pharmacy act will be extended; and although this increase may indirectly result in saving in the grant made by  the central government to the central couneil, it is not possible at present to state what the saving is likely to be the estimated additional expenditure to be borne by the central government on this account is likely to be not more than rs 3,000 a year clause 17 (b) of the bill seeks to empower a state government to make rul~s regarding the conduct of pharmacists and their duties in relation to medical practitioners, the public and the profession of pharmacy such a provision is necessary for improving the standard of dispensing by pharmac~~ts the matter is also one which can be dealt with more appropriately by rules according to the conditions prevailing from time to time clause 18 of the bill empowers the central government to issue orders with reference to state councils in respect of various matters relating to them, eg, their dissolution, reconstitution and reorganisation, the extension of the term of office of members up to a maximum of two years, the area in respect of which the reconstituted or new council should operate, the transfer of assets and liabilities to the reconstituted or new state councils or the state governments, th~ transfer or re-employment of staff as a result of the states reorganisation act, 1956, the state councils constituted under the pharmacy act before 1st november, 1956, for the purposes of individual states became transform~d into inter-state corporations o~ that date to meet the situation, it was provided as a transitional provision in section 109 of the states reorganisation act that such a corporation should continue to function and operate in those areas in respect of which it was functioning and op~rating immediately before 1st november, 1956, subject to the directions of the central government until other provision was made by law in respect of that corporation this provision cannot continue indefinitely and it is necessary to reconstitute and reorganise the state councils so that there is one state council for each state various problems, some of which have been mentioned above, may arise for consioeration in this connection and they may also vary from state to state power has therefore been taken by the central government to issue orders for this purpose after consulting the state governments concerned and to notify them in the official gazette these orders will also be laid before both houses of parliament having regard to what is stated above, the delegation of legislative power is of a normal character - - - - - - chapter i  introouctory1 (1)               -                                    -                                                         -                                                                         - short title extent and commencement (2) it extends to the whole of india except the territories which, immediately before the 1st november, 1956, were compriljed in part b states 10 (3) it shall come into force at once, but chapters ni, iv and v shall take effect in a particular state from such da~ not later than three years from the commencement of this act, as the state government may, by notification in th~ official gazette, appoint in this behalf is 2 in this act, unless there is anything repugnant in the subject itpterprcta-iod or context,-- - - - 20 (c) "indian university" means a university in any state of india established by an indian law; - , 'j'    - - - (f) "medical practitioner" means a person holding a qualification gran~d by an authority specified or notified under section 3 of the indian medica' degrees act, 1916 or specified in the schedules to the indian medical council act, 1933 or a 25 person registered or eligible for registration in a medical register of a state meant for the registration of persons practising allopathic system of medicine; - - - - , (k) "state" means the territories thereof to which this !o act extends - - - -  chapter ii the pharmacy council of india3 the central government shall, as soon as may be, constitute a central council consisting of the following members, namely:-consdtudon and composidon of central oronal 5 (a) - - - - (g) one member to represent each state elected by the members of each state council, who shall be a registered pharmacist; (h) one member to represent each state nominated by the state government, who shall be either a registered medical 10 practitioner or a registered pharmacist: provided that for five years from the first constitution of the central council, instead of members elected under clause (g), each government shall nominate one member, being a person eligible for registration as a pharmacist under section 31 is president and vice-presidtjlt of central councl1 explanation-in this· section, "state" does not includje a union territory - - - - 5 (1) the president and vice-president of the central council shall be elected by the members of th~ said council from among 20 themselves: provided that for five years from th~ first constitution of the central council the president shall be a person nominated by the central government who shall hold office at the pleasure of the ~ntral government and" where he is !lot already a ~ember, shall 25 be a member of the central council in addition to the members referred to in section 3 - - - - staff remuneration and ailow-iidcci 8 (1) the central council may appoint a secretary who may also, if so decided by the central council, act as treasurer: 30 provided: that for the first four ~ars from the first constitution of the central council, the secretary shall be a person appointed by the central government, who shall hold office during the pleasure ,:,f the ~ntral government - - - - 35 31 a person shall be entitled on payment of the prescribed fee to have his name entered in the first register if be resides, or carries (111 the business or profession of pharml\cy, in the state and if he-qualifications for entry on first relia, tcr (a) holds a degree or diploma in pharmacy or pharmac~u­tical chemistry or a chemist and druggist diploma of an indian university or a state government, as the case may be, or a prescribed qualification granted by an authority outside india, 5 or (b) holds a degree of an indian university other than a degree in pharmacy or pharmaceutical chemistry, and has been engaged in the compounding of drugs in a hospital or dispensary or other place in which drugs are regularly dispensed on pres-10 criptions of medical practitioners for a total period of not less than three years, or (c) has passed an examination recognised as adequate by the state government for compounders or dispensers, or (d) has been engaged in the compounding of drugs in a is hospital or dispensary or other place in which drugs are regularly dispensed on prescriptions of medical practitioners for a total period of not less than five years prior to the date notified under sub-section (2) of section 30 - - - - - - 20 32 (1) after the date appointed under sub-section (2) of section qualifica-30 and before the education regulations have, by or under section 11, tiob_18 for   su sequent taken effect m the state, a person shall on payment of the prescnbed registration fee be entitled to have his name entered in the register if he resides or carries on the business or profession of pharmacy in the state and 25 if he-(a) satisfies the conditions prescribed with the prior approval of the central council, or where no conditions have been prescribed, the conditions entitling a person to have his name entered on the first register as set out in section 31, or (b) is a registered pharmacist in another state, or 30 (c) possesses a qualification approved under section 14: provided that no person shall be entitled under this sub-section to have his name entered on the register unless he has passed a matriculation examination or an examination prescribed as being 35 equivalent to a matriculation examination (2) after the education regulations have by or under section 11 taken effect in the state, a person shall on payment of the prescribed fee be entitled to have his name entered on the register if he has  attained the age of twenty-one years, if he resides, or carries on the 4c1 business or profession of pharmacy, in the state and if he has passed an approved examination or possesses a qualification approved under section 14 - - - - | m      ||---------|| -       || -       || -       || -       || -       || -       || -       || renewal || fees   |(3) on payment of the nenewal fee, the registrar shall in the s prescribed manner endorse the certificate of registration accordingly  - - - - itemonl from register 36 (1) subject to the provisiolls of this section, the executive committee may order that the name of a registered pharmacist shall be removed from the register, where it is satisfied, after giving him a 10 reasonable opportunity of being heard and after such further inquiry, if any, as it may think fit to make,-(i) that his name has been entered in the register by error or on account of misrepresentation or suppression of a material fact, or 15 (ii) tltat he has been convicted of any offence or has been gwltty of any infamqus conduct in any professional respect which in the opinion of ex«~tive committee, renders him unfit to be kept in the register, or (iii) that a person employed by him for the purposes of his business of pharmacy has been convicted of any such offence or 20 has been guilty of any such infamous conduct as would, if such person were a registered pharmacist, render him liable to have his ilame removed from the register under clause (ii): provided that no such order shall be made under clause (iii) unless the exe~utive committee is satisfied-25 (a) that the offence or infamous conduct was instigated or connived at by the registered pharmacist, or (b) that the registered pharmacist has at any time during the period of twelve months immediately preceding t'he date on which the offence or infamous conduct took place committed a 30 similar offence or been guilty of similar infamous conduct, or (c) that any person employed by the registered pharmacist for the purposes oj his business of pharmacy has at any time during the period of twelve months immediately preceding the date on which the offence or infamous conduct took place, com- 35 mitted a similar offence or been guilty of similar infamous conduct, and that the registered pharmacist had, or reasonably ought to have had, knowledge of such previous offence or infamous conduct, or (d) that where the offence or infamous conduct continued s over a period, the registered pharmacist had, or reasonably ought to have had, knowledge of the continuing offence or infamous conduct, or (e) that where the offence is an offence under the drugs act, 1940, the registered pharmacist has not used due diligence 10 in enforcing compliance with the provisions of that act in his place of business and by persons employed by him  - - - - 40 as soon as may be after the first day of april, in each year, printing of the registrar shall cause to be printed copies of the register as it register is stood on the said date, and such copies shall be made available to persons applying therefor on payment of the prescribed charge, and shall be evidence that on the said date the persons whose names are entered therein were registered pharmacists  chapter v miscellaneouspenalty for falsely claiming to be registered 20 41 (1) - - - - (2) for the purposes of this section-(a) it shall be immaterial whether or not any person is 2s deceived by such pretence or use as aforesaid; (b) the use of the description "pharmacist", "chemist", "druggist", "pharmaceutist", "dispenser", "dispensing ~hemist", or any combination of such words shall be deemed to be reasonably calculated to suggest that the person using such description 30 is a person whose name is for the time being entered in the register of the state; (c) the onus of proving that the name of a person is for the time being entered in the register of a state shall be on him who asserts it 3s (3) cognizance of an offence punishable under this section shall not be taken except upon complaint made by order of the state government or the executive committee of the state coun~il 42 (1) on or after such date as the state government may by d\"'ren~i!lg notificatiofl in the official gazette appoint in this behalf, no person ~edn;r--solis other than a registered pharmacist shall compound, prepare, mix, or dispense any medicine on the prcscrip~~on of a medical practitioner except under the direct and personal supervision of a registered pharmacist: power to make rules provided that the sub-section shall not apply to the dispensing 5 by a medical practitioner of medicine for his own patients, or with the general or special sanction of the state government, for the patients of another medical practitioner  - - - - (3) cognizance of an offence punishable under this section shall 10 not be taken except upon complaint made by an order of the state government - - - - - - 46 (1) - - - - - - (2) in particular and without prejudice to the generality of  the is foregoing power such rules may provide for-·-- - - - (j) the form of certificates of registration and the manner of endorsement of renewals thereof; (k) the maintenance of a r~gister; - - - - a bill further to amend the pharmacy act, 1948 the president has, in pursuance of clause (3) of article ii7 of the comtitution of india, recommended to lok sabha the comideration of the bill m n kaul, secretary (shri d p karmarkar, minister of health) 