THE PHARMACY ACT, 1948 Complete Notes for Drug Inspector Examination 2026
Subject: UPSC Drug Inspector Exam 2026
Subject: UPSC Drug Inspector Exam 2026
| S.No. | Amending Act | Act Number (Year) |
|---|---|---|
| 1. | The Pharmacy (Amendment) Act | 24 of 1959 |
| 2. | The Pharmacy Act | 70 of 1976 |
| 3. | The Pharmacy (Amendment) Act | 22 of 1982 |
| 4. | The Delegated Legislation Provisions (Amendment) Act | 4 of 1986 |
| 5. | The Jan Vishwas (Amendment of Provisions) Act | 18 of 2023 |
| 6. | The Pharmacy (Amendment) Act | 29 of 2023 |
| 7. | The Jan Vishwas (Amendment of Provisions) Act | 8 of 2026 |
(1) This Act may be called the Pharmacy Act, 1948.
(2) It extends to the whole of India.
(3) It shall come into force at once, but Chapters III, IV and V shall take effect in a particular State from such date as the State Government may, by notification in the Official Gazette, appoint.
In this Act, unless there is anything repugnant in the subject or context:
| Clause | Term | Definition |
|---|---|---|
| (a) | "Agreement" | An agreement entered into under Section 20 |
| (b) | "Approved" | Approved by the Central Council under Section 12 or Section 14 |
| (c) | "Central Council" | The Pharmacy Council of India constituted under Section 3 |
| (d) | "Central Register" | The register of pharmacists maintained by the Central Council under Section 15A |
| (da) | "Executive Committee" | The Executive Committee of the Central Council or of the State Council, as the context may require |
| (e) | "Indian University" | A University within the meaning of Section 3 of the UGC Act, 1956; includes institutions established by Central Act as notified |
| (f) | "Medical Practitioner" | A person: (i) holding qualification under Indian Medical Degrees Act, 1916 or IMC Act, 1956; OR (ii) registered in State medical register; OR (iii) declared by State Govt as practising modern scientific medicine; OR (iv) registered under Dentists Act, 1948; OR (v) engaged in veterinary medicine with approved qualifications |
| (g) | "Prescribed" | In Chapter II: prescribed by regulations under Section 18; Elsewhere: prescribed by rules under Section 46 |
| (h) | "Register" | A register of pharmacists prepared and maintained under Chapter IV |
| (i) | "Registered Pharmacist" | A person whose name is for the time being entered in the register of the State in which he resides or carries on pharmacy |
| (j) | "State Council" | A State Council of Pharmacy constituted under Section 19; includes Joint State Council under Section 20 |
| (k) | "University Grants Commission" | The UGC established under Section 4 of the UGC Act, 1956 |
The Central Government shall, as soon as may be, constitute a Central Council consisting of:
Composition of the Central Council (PCI)
| Category | Members | Details |
|---|---|---|
| Elected Members | 6 + 1 + State Representatives | 6 members elected by the University Grants Commission (UGC) from among the teaching staff of Indian Universities/Colleges granting a Degree or Diploma in Pharmacy. There shall be at least one teacher from each of the following subjects: Pharmaceutical Chemistry, Pharmacy, Pharmacology, and Pharmacognosy. 1 member elected by the Medical Council of India from amongst its members. 1 Registered Pharmacist from each State, elected by the members of the respective State Pharmacy Council. |
| Nominated Members | 6 + 2 + State Representatives | 6 members nominated by the Central Government, of whom at least four shall possess a Degree/Diploma in Pharmacy or Pharmaceutical Chemistry and be engaged in the practice of pharmacy or pharmaceutical chemistry. 1 Representative of the University Grants Commission (UGC). 1 Representative of the All India Council for Technical Education (AICTE). 1 Registered Pharmacist from each State, nominated by the State Government. |
| Ex-officio Members | 3 | • Director General of Health Services (DGHS) • Drugs Controller, India (as designated in the Act) • Director, Central Drugs Laboratory (CDL) |
The Council shall be a body corporate by the name of the Pharmacy Council of India, having:
(1) Elected by members from amongst themselves.
(2) Term: Not exceeding 5 years, not extending beyond expiry of membership term.
(1) Nominated/elected members: 5 years from date of nomination/election (or until successor nominated/elected, whichever is longer).
(2) Resignation: In writing to President → seat becomes vacant.
(3) Vacation of seat: Absent without excuse from 3 consecutive meetings; OR ceases to be teaching staff/MCI member/registered pharmacist (as applicable).
(4) Casual vacancy: Filled by fresh nomination/election; holds office only for remainder of term.
(5) No act invalid merely due to vacancy or defect in constitution.
(6) Members eligible for renomination or re-election.
The Central Council shall:
(1) Consists of:
(2) Holds office until expiry of Central Council membership; eligible for re-election.
(3) In addition to Act's powers/duties, exercises such other powers/duties as may be prescribed.
(1) Central Council may constitute other committees for general/special purposes:
(2) Remuneration/allowances fixed by Central Council with Central Government sanction.
(3) Business conducted according to regulations made under this Act.
(1) Central Council may, with Central Government approval, make regulations called Education Regulations prescribing the minimum standard of education required for qualification as a pharmacist.
(2) ER may prescribe:
| Clause | Provision |
|---|---|
| (a) | Nature and period of study and practical training before admission to examination |
| (b) | Equipment and facilities for students undergoing approved courses |
| (c) | Subjects of examination and standards to be attained |
| (d) | Any other conditions of admission to examinations |
(3) Copies of draft ER furnished to all State Governments; comments considered before submission to Central Government.
(4) ER published in Official Gazette.
(5) Executive Committee reports on efficacy of ER; may recommend amendments.
(1) Any authority conducting pharmacy course may apply to Central Council for approval.
(2) Any authority holding pharmacy examination may apply for approval.
(3) Every authority shall furnish information as required by Central Council.
(1) If Executive Committee reports non-conformity with ER:
(2) After considering representation and State Government observations:
All declarations under Sections 12, 13, or 14 shall be:
(1) Central Council shall maintain Central Register of pharmacists in prescribed manner.
(2) Each State Council shall supply 5 copies of its register to Central Council after 1st April each year.
(3) Registrar of Central Council shall:
(4) Central Register is deemed public document under Indian Evidence Act, 1872.
(1) Executive Committee may appoint Inspectors as deemed requisite.
(2) Inspector may:
(3) Inspector shall NOT interfere with conduct of examination; shall report on sufficiency.
(4) Executive Committee forwards copy of report to:
(1) Central Council shall furnish copies of:
To the Central Government.
(2) Central Government may publish any report/copy furnished.
(1) Central Council shall maintain proper accounts and prepare annual statement in form specified by Central Government in consultation with CAG.
(2) Accounts audited annually by Comptroller and Auditor-General of India (or authorised person).
(3) CAG has same rights/privileges/authority as in audit of Government accounts.
(4) Certified accounts + audit report forwarded annually to Central Council → forwarded with comments to Central Government.
(1) Central Council may, with Central Government approval, by notification in Official Gazette, make regulations consistent with this Act.
(2) Regulations may provide for:
| Clause | Provision |
|---|---|
| (a) | Management of Central Council property |
| (b) | Manner of elections |
| (c) | Summoning/holding meetings, quorum |
| (d) | Functions of Executive Committee, its meetings, quorum |
| (e) | Powers and duties of President and Vice-President |
| (f) | Qualifications, term, powers, duties of Registrar, Secretary, Inspectors, officers |
| (g) | Manner of maintaining Central Register and giving publicity |
| (h) | Constitution and functions of other committees, their meetings, quorum |
| (i) | Manner of holding inquiry and imposing penalty under Section 43A(1) |
| (j) | Form and manner of preferring appeal under Section 43A(2) |
(3) Until regulations made, President may, with Central Government sanction, make necessary regulations including for first elections.
(4) Every regulation laid before each House of Parliament for 30 days; if modified/annulled by both Houses, takes effect accordingly.
Every State Government shall constitute a State Council (except where Joint State Council exists under Section 20).
| Category | No. of Members | Composition |
|---|---|---|
| Elected Members | 7 | • 6 elected by the Registered Pharmacists of the State. • 1 elected by the members of the State Medical Council / Council of Medical Registration. |
| Nominated Members | 5 | Nominated by the State Government. At least 3 members shall possess the prescribed Degree/Diploma in Pharmacy or Pharmaceutical Chemistry or be Registered Pharmacists. |
| Ex-officio Members | 3 | • Chief Administrative Medical Officer (or authorised person in writing). • Officer-in-Charge of the Drugs Control Organisation under the Drugs and Cosmetics Act, 1940. • Government Analyst appointed under the Drugs and Cosmetics Act, 1940. |
(1) Two or more State Governments may enter into agreement for:
(2) Agreement may also provide for:
(3) Agreement published in Official Gazettes of participating States.
(1) Joint State Council consists of:
A Joint State Council shall consist of the following members from each participating State:
| Category | No. of Members (from each participating State) | Composition |
|---|---|---|
| Elected Members | 4–6 | • 3–5 elected by the Registered Pharmacists of the participating State. • 1 elected by the members of the State Medical Council / Council of Medical Registration. |
| Nominated Members | 2–4 | 2–4 members nominated by the State Government of the participating State. |
| Ex-officio Members | 3 | • Chief Administrative Medical Officer of the participating State. • Officer-in-Charge of the Drugs Control Organisation under the Drugs and Cosmetics Act, 1940. • Government Analyst appointed under the Drugs and Cosmetics Act, 1940. |
(2) Number of elected/nominated members may or may not be same for each State.
(3) Of members nominated under clause (b), more than half shall possess pharmacy qualification or be registered pharmacists.
Every State Council is a body corporate with:
(1) Elected by members from amongst themselves.
(2) Term: Not exceeding 5 years, not extending beyond membership term.
(1) Nominated/elected members (other than nominated President): 5 years.
(2) Resignation: In writing to President → seat vacant.
(3) Vacation: Absent without excuse from 3 consecutive meetings; OR ceases to be registered pharmacist/medical council member.
(4) Casual vacancy: Filled for remainder of term.
(5) No act invalid due to vacancy or defect.
(6) Members eligible for re-nomination or re-election.
State Council may, with State Government sanction:
(1) State Council may, with State Government sanction, appoint Inspectors with prescribed qualifications for purposes of Chapters III, IV and V.
(2) Inspector may:
(3) Wilful obstruction of Inspector:
(4) Every Inspector deemed public servant under clause (28) of Section 2 of Bharatiya Nyaya Sanhita, 2023 *Substituted by Act 8 of 2026*.
(1) Consists of:
(2) Holds office until expiry of State Council membership; eligible for re-election.
(3) Exercises such other powers/duties as may be prescribed.
(1) State Council shall furnish to State Government:
(2) State Government may publish any report/copy/information furnished.
(1) After Chapter IV takes effect in a State, State Government shall cause preparation of register of pharmacists.
(2) State Council shall assume duty of maintaining register after constitution.
(3) Register shall include:
| Clause | Particular |
|---|---|
| (a) | Full name and residential address |
| (b) | Date of first admission to register |
| (c) | Qualifications for registration |
| (d) | Professional address; name of employer (if employed) |
| (e) | Such further particulars as may be prescribed |
(1) State Government shall constitute Registration Tribunal (3 persons) by notification.
(2) State Government shall appoint date for applications (with prescribed fee).
(3) Tribunal examines applications; if satisfied applicant qualified under Section 31, directs entry on register.
(4) First register published; aggrieved person may appeal within 60 days to authority appointed by State Government.
(5) Registrar amends register per appeal decision; issues certificate of registration.
(6) Upon constitution of State Council, register given into its custody; application fees may be paid to State Council.
Person who has attained age of 18 years *Substituted by Act 24 of 1959; was no age limit* shall be entitled on payment of prescribed fee if he resides/carries on pharmacy in the State and:
| Clause | Qualification |
|---|---|
| (a) | Holds degree/diploma in pharmacy/pharmaceutical chemistry or chemist and druggist diploma of Indian University/State Government; OR prescribed qualification from outside India |
| (b) | Holds degree of Indian University (other than pharmacy) and has been engaged in compounding drugs in hospital/dispensary for not less than 3 years |
| (c) | Has passed examination recognised as adequate by State Government for compounders/dispensers |
| (d) | Has been engaged in compounding drugs in hospital/dispensary for not less than 5 years prior to date notified under Section 30(2) |
(1) After date appointed under Section 30(2) and before ER takes effect:
| Condition | Details |
|---|---|
| Age | Person of 18 years *(was 21, amended by Act 24 of 1959)* on payment of fee, entitled if: |
| (a) | Satisfies prescribed conditions (with prior PCI approval) OR conditions of Section 31 |
| (b) | Is registered pharmacist in another State |
| (c) | Possesses qualification approved under Section 14 |
| Proviso: | Must have passed matriculation or equivalent examination. |
(2) After ER takes effect in State:
State Council may permit entry on register of:
| Clause | Person Category |
|---|---|
| (a) | Displaced persons carrying on pharmacy before 4th March 1948 (satisfying Section 31) |
| (b) | Citizens of India carrying on pharmacy outside India (satisfying Section 31) |
| (c) | Persons from areas that became Indian territory (satisfying Section 31) |
| (d) | Persons carrying on pharmacy who would have satisfied Section 31 on appointed date; OR engaged in compounding for 5 years before appointed date |
| (e) | Persons qualified for pre-1.11.1956 State register but disqualified due to reorganisation (not having matriculation/approved qualification) |
| (f) | Persons included in pre-1.11.1956 register now in different State |
| (g) | Persons in areas where Chapter takes effect after Pharmacy (Amendment) Act, 1959 |
(1) State Council may permit entry on register of:
| Clause | Person Category |
|---|---|
| (a) | Persons possessing qualification under clause (a) or (c) of Section 31, eligible for registration between closing of First Register and date ER came into effect |
| (b) | Persons approved as "qualified persons" before 31st December 1969 for compounding/dispensing under Drugs and Cosmetics Act, 1940 |
| (c) | Displaced persons or repatriates carrying on pharmacy outside India for not less than 5 years prior to date of application |
(2) Clauses (a) and (b) remain in operation for 2 years from commencement of Pharmacy (Amendment) Act, 1976.
(1) After date appointed under Section 30(2), applications addressed to Registrar of State Council with prescribed fee.
(2) If Registrar satisfied applicant entitled under applicable provisions, enters name on register.
(3) Person whose application rejected may appeal within 3 months to State Council — decision is final.
(4) Upon entry, Registrar issues certificate of registration.
(1) State Government may direct annual renewal fee for retention of name on register (after 31st December of year following first entry).
(2) Non-payment by due date → Registrar removes name from register.
(3) On payment, Registrar issues receipt as proof of renewal *Substituted by Act 24 of 1959*.
Registered pharmacist may, on payment of prescribed fee, have entered in register any further degrees/diplomas in pharmacy or pharmaceutical chemistry.
(1) Executive Committee may order removal if satisfied (after reasonable opportunity of being heard and further inquiry):
| Ground | Description |
|---|---|
| (i) | Name entered by error, misrepresentation, or suppression of material fact |
| (ii) | Convicted of offence or guilty of infamous conduct rendering unfit for register |
| (iii) | Person employed by him for pharmacy business convicted of such offence or guilty of such infamous conduct |
(2) Order may direct permanent or specified period ineligibility for registration.
(3) Order subject to confirmation by State Council; takes effect after 3 months from confirmation.
(4) Aggrieved person may appeal to State Government within 30 days — decision is final.
(5) Person whose name removed shall forthwith surrender certificate; name published in Official Gazette.
State Council may order restoration on payment of prescribed fee.
No court shall call in question any order refusing to enter a name on the register or removing a name from the register.
Where certificate lost/destroyed, Registrar may issue duplicate certificate on payment of prescribed fee.
(1) Registrar shall cause to be printed copies of register as it stood on 1st April after commencement of Pharmacy (Amendment) Act, 1959.
(2) Annual supplement printed after 1st April each year showing additions/amendments.
(3)(a) Register brought up-to-date 3 months before ordinary elections to State Council; copies printed.
(4) Copies made available on payment of prescribed charge; are evidence that persons named were registered pharmacists on the date.
(1) If any person whose name is NOT in the register:
Punishment:
(2) For purposes of this section:
| Clause | Interpretation |
|---|---|
| (a) | Immaterial whether any person is deceived |
| (b) | Use of "pharmacist", "chemist", "druggist", "pharmaceutist", "dispenser", "dispensing chemist" or combination deemed calculated to suggest registration |
| (c) | Onus of proof on person asserting his name is in register |
(3) Cognizance only on complaint by order of:
(1) On/after date appointed by State Government notification, no person other than a registered pharmacist shall compound, prepare, mix, or dispense any medicine on prescription of a medical practitioner.
(2) Contravention:
If any person whose name has been removed from the register fails without sufficient cause to surrender his certificate of registration when required, he shall be liable to penalty up to ₹25,000 *Substituted by Jan Vishwas Act, 2023*.
(1) The Central Government may appoint an officer, not below the rank of Joint Secretary, to adjudicate penalties under Section 41(1) (first conviction), Section 42(2), and Section 43.
(2) Any person aggrieved by the order of adjudication may appeal to an officer designated by the Central Government, not below the rank of Additional Secretary.
(3) Adjudicating officer and appellate authority shall have powers of a civil court for discovery and production of documents.
(4) All proceedings deemed judicial proceedings under Section 193 and 228 of the Bharatiya Nyaya Sanhita, 2023 *Substituted by Act 8 of 2026*.
(5) Penalty amount realised shall be credited to the Consolidated Fund of India.
(1) The State Council shall, within 3 months from the end of each financial year, pay to the Central Council one-fourth of all fees received by it under this Act during the preceding financial year.
(2) If a Joint State Council is constituted, the agreement under Section 20 may provide for the proportion of fees payable by the Joint State Council to the Central Council.
(1) The Central Government may, by notification, constitute a Commission of Enquiry for the purposes of this Act.
(2) The Central Government shall define the terms of reference of the Commission, and any inquiry shall be held in public.
(3) The Commission shall have powers of a civil court for:
(4) The Commission shall submit its report to the Central Government.
(5) The Central Government may, after considering the report, pass such orders as it deems fit and take action, including superseding the Central Council or State Council.
(1) The Central Government may, after consultation with the Central Council, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) Rules may provide for:
| Clause | Provision |
|---|---|
| (a) | The manner in which elections shall be conducted to the Central Council and State Councils |
| (b) | The qualifications to be possessed by the Inspectors appointed by the State Council under Section 26A |
| (c) | The manner in which the register of pharmacists shall be prepared and maintained |
| (d) | The fees payable for registration and renewal of registration, and for entry of additional qualifications |
| (e) | The conditions under which a name may be restored to the register |
| (f) | Any other matter which is to be or may be prescribed under this Act |
(3) Every rule made under this section shall be laid before each House of Parliament for 30 days; if modified/annulled by both Houses, takes effect accordingly.