(b) five members, of whom at least 1[three] shall be persons
possessing a prescribed degree or diploma in pharmacy or pharmaceutical
chemistry or 2[registered pharmacists], nominated by the State
Government;
(c) one member elected from amongst themselves by the members
of each Medical Council or the Council of Medical Registration
of the State, as the case may be;
(d) the chief administrative medical officer of the State ex
officio or if he is unable to attend any meeting, a person authorized
by him in writing to do so;
3[(dd) the officer-in-charge of drugs control organization of
the State under the 4[Drugs and Cosmetics Act, 1940 (23 of 1940)],
ex officio or if he is unable to attend any meeting, a person
authorized by him in writing to do so;]
(e) the Government Analyst under the 5[Drugs and Cosmetics Act,
1940 (23 of 1940)], ex officio, or where there is more than one,
such one as the State Government may appoint in this behalf:
Provided that where an agreement is made under clause (b) of
sub-section (1) of section 20, the agreement may provide that
the State Council to serve the needs of the other participating
States also shall be augmented by not more than two members, of
whom at least one shall at all times be a person possessing a
prescribed degree or diploma in pharmacy or pharmaceutical chemistry
or a 6[registered pharmacist], nominated by the Government of
each of the said other participating States, and where the agreement
so provides, the composition of the State Council shall be deemed
to be augmented accordingly.
20. Inter-State agreements. —(1) Two or more State Government
may enter into an agreement to be in force for such period and
to be subject to renewal for such further periods, if any, as
may be specified in the agreement, to provide—
(a) for the constitution of a Joint State Council for all the
participating States, or
(b) that the State Council of one State shall serve the needs
of the other participating States.
(2) In addition to such matters as are in this Act specified,
an agreement under this section may—
(a) provide for the apportionment between the participating State
of the expenditure in connection with the State Council or Joint
State Council;
(b) determine which of the participating State Governments shall
exercise the several functions of the State Government under this
Act, and the references in this Act to the State Government shall
be construed accordingly;
(c) provide for consultation between the participating State
Governments either generally or with reference to particular matters
arising under this Act;
(d) make such incidental and ancillary provisions, not inconsistent
with this Act, as may be deemed necessary or expedient for giving
effect to the agreement.
(3) An agreement under this section shall be published in the
Official Gazettes of the participating States.
21. Composition of Joint State Councils. — (1) A Joint
State Council shall consist of the following members, namely:
—
(a) such number of members, being not less than three and not
more than five as the agreement shall provide elected from amongst
themselves by the registered pharmacists of each of the participating
States;
(b) such number of members, being not less than two and not more
than four as the agreement shall provide, nominated by each participating
State Government;
(c) one member elected from amongst themselves by the members
of each Medical Council or the Council of Medical Registration
of each participating State as the case may be;
(d) the chief administrative medical officer of each participating
State, ex officio, or if he is unable to attend any meeting, a
person authorized by him in writing to do so;
7[(dd) the officer-in-charge of drugs control organization of
each participating State under the 8[Drugs and Cosmetics Act,
1940], ex officio, or if he is unable to attend any meeting, a
person authorized by him in writing to do so;]
(e) the Government Analyst under the 8[Drugs and Cosmetics Act,
1940 (23 of 1940)], of each participating State, ex officio, or
where there is more than one in any such State, such one as the
State Government may appoint in this behalf.
(2) The agreement may provide that within the limits specified
in clauses (a) and (b) of sub-section (1), the number of members
to be elected or nominated under those clauses may or may not
be the same in respect of each participating State.
(3) Of the members, nominated by each State Government under
clause (b) of sub-section (1), 9[more than half] shall be persons
possessing a prescribed degree or diploma in pharmacy or pharmaceutical
chemistry or 10[registered pharmacists].
22. Incorporation of State Councils. — Every State Council
shall be a body corporate by such name as may be notified by the
State Government in the Official Gazette or, in the case of a
Joint State Council, as may be determined in the agreement, having
perpetual succession and a common seal, with power to acquire
or hold property both movable and immovable and shall by the said
name sue and be sued.
23. President and Vice-President of State Council. —(1)
The President and Vice-President of the State Council be elected
by the members from amongst themselves:
Provided that for five years from the first constitution of the
State Council the President shall be a person nominated by the
State Government who shall hold office at the pleasure of the
State Government and where he is not already a member, shall be
a member of the State Council in addition to the members referred
to in section 19 or section 21, as the case may be.
(2) 11[The President] or Vice-President shall hold office as
such for a term not exceeding five years and not extending beyond
the expiry of his term as a member of the State Council, but subject
to his being a member of the State Council, he shall be eligible
for re-election:
12[Provided that if his term of office as a member of the State
Council expires before the expiry of the full term for which he
is elected as President or Vice-President, he shall, if he is
re-elected or re-nominated as a member of the State Council, continue
to hold office for the full term for which he is elected as President
or Vice-President.]
24. Mode of elections. —Elections under this Chapter shall
be conducted in the prescribed manner, and where any dispute arises
regarding any such election, it shall be referred to the State
Government whose decision shall be final.
25. Term of office and casual vacancies. —(1) Subject to
the provisions of this section, a nominated or elected member,
other than nominated President, shall hold office for a term of
five years from the date of his nomination or election or until
his successor has been duly nominated or elected, whichever is
longer.
(2). A nominated or elected member may at any time resign his
membership by writing under his hand addressed to the President,
and the seat of such member shall thereupon become vacant.
(3). A nominated or elected member shall be deemed to have vacated
his seat if he is absent without excuse sufficient in the opinion
of the State Council from three consecutive meetings of the State
Council, or if he is elected under clause (a) or (c) of section
19 or 21, if he ceases to be a registered pharmacist or causes
to be a member of the Medical Council or Council of Medical Registration
of the State, as the case may be.
(4). A casual vacancy in the State Council shall be filled by
fresh nomination or election, as the case may be, and the person
nominated or elected to fill the vacancy shall hold office only
for the remainder of the term for which the member whose place
he takes was nominated or elected.
(5) No act done by the State Council shall be called in question
on the ground merely of the existence of any vacancy in, or any
defect in the constitution of, the State Council.
(6) Members of the State Council shall be eligible for re-nomination
or re-election.
26. Staff, remuneration and allowances. — The State Council
may, with the previous sanction of the State Government, —
(a) appoint a Registrar who shall also act as Secretary and,
if so decided by the State Council, Treasurer, of the State Council;
(b) appoint such other officers and servants as may be required
to enable the State Council to carry out its functions under this
Act;
(c) fix the salaries and allowances and other conditions of service
of the Secretary and other officers and servants of the State
Council;
(d) fix the rates of allowances payable to members of the State
Council:
Provided that for the first four years from the first constitution
of the State Council, the Registrar shall be a person appointed
by the State Government, who shall hold office during the pleasure
of the State Government.
13[26A. Inspection. —(1) A State Council may, with the
previous sanction of the State Government, appoint Inspectors
having the prescribed qualifications for the purposes of Chapters
III, IV and V of this Act.
(2) An Inspector may –
(a) inspect any premises where drugs are compounded or dispensed
and submit a written report to the Registrar;
(b) enquire whether a person who is engaged in compounding or
dispensing of drugs is a registered pharmacist;
(c) investigate any complaint made in writing in respect of any
contravention of this Act and report to the Registrar;
(d) institute prosecution under the order of the Executive Committee
of the State Council;
(e) exercise such other powers as may be necessary for carrying
out the purposes of Chapters III, IV and V of this Act or any
rules made thereunder.
(3) Any person wilfully obstructing an Inspector in the exercise
of the powers conferred on him by or under this Act or any rules
made thereunder shall be punishable with imprisonment for a term
which may extend to six months, or with fine not exceeding one
thousand rupees, or with both.
(4) Every Inspector shall be deemed to be a public servant within
the meaning of section 21 of the Indian Penal Code (45 of 1860).]
27. The Executive Committee. — (1) The State Council shall,
as soon as may be, constitute an Executive Committee consisting
of the President (who shall be Chairman of the Executive Committee)
and Vice-President, ex officio and such number of other members
elected by the State Council from amongst themselves as may be
prescribed.
(2) A member of the Executive Committee shall hold office as
such until the expiry of his term of office as member of the State
Council, but, subject to his being a member of the State Council,
he shall be eligible for re-election.
(3) In addition to the powers and duties conferred and imposed
upon it by this Act, the Executive Committee shall exercise and
discharge such powers and duties as may be prescribed.
28. Information to be furnished. —(1) The State Council
shall furnish such reports, copies of its minutes and of the minutes
of the Executive Committee, and abstracts of its accounts to the
State Government as the State Government may from time to time
require and copies thereof shall be sent to the Central Council.
(2) The State Government may publish, in such manner as it may
think fit, any report, copy, abstract or other information furnished
to it under this section.
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