J&K to approach Union Govt for modifications in Pharmacy Act

GAD, Law Deptts asked to submit proposal for Pharmacy Council

*Step to help thousands of pharmacists to renew licenses

Mohinder Verma
JAMMU, Jan 10: Coming to the rescue of thousands of chemists and druggists, who are facing the threat of closure of their outlets, the Government has decided to propose suitable modifications in the Central Pharmacy Act to the Union Government as per the provisions of the Jammu and Kashmir Reorganization Act, 2019.
Moreover, Chief Secretary BVR Subrahmanyam has directed the General Administration and Law Departments to submit a proposal for constitution of new Pharmacy Council in Jammu and Kashmir for the approval of the Lieutenant Governor Girish Chandra Murmu.
EXCELSIOR on January 4, 2020 had exclusively highlighted that thousands of chemists and druggists in the Union Territory of Jammu and Kashmir have been struggling to renew their licenses as J&K Pharmacy Council ceased to exist from October 31, 2019 following repeal of J&K Pharmacy Act by the J&K Reorganization Act, 2019.
Moreover, it was reported that threat of closure of large number of medicine outlets was looming large in view of stringent eligibility criteria under the Central Pharmacy Act, which is applicable to the Union Territory of Jammu and Kashmir from October 31, 2019.
The issue came up for deliberations in the recent meeting of the Committee of Secretaries and after thorough discussion the Chief Secretary BVR Subrahmanyam directed that the General Administration Department in consultation with the Department of Law, Justice and Parliamentary Affairs will submit a proposal for constitution of new Pharmacy Council in the Jammu and Kashmir for the approval of the Lieutenant Governor, official sources told EXCELSIOR.
“There is a provision in the Central Pharmacy Act whereby Pharmacy Council can be established in the Union Territory of Jammu and Kashmir”, sources said, adding “the Chief Secretary wants new Council to be set up as early as possible so that thousands of chemists and druggists can heave a sigh of relief”.
“As far as eligibility for licenses under Central Pharmacy Act is concerned, majority of the Pharmacists who have been registered under the repealed Jammu and Kashmir Pharmacy Act are matriculates and therefore don’t qualify for registration under the Central Pharmacy Act, 1948”, sources said.
The Section 31 of the Central Pharmacy Act, which deals with qualification states: “A person who has attained the age of 18 years shall be entitled on payment of the prescribed fee to have his/her name entered in the register if he/she holds a degree or diploma in pharmacy or pharmaceutical chemistry or a chemist and druggist diploma of an Indian University or a State Government”.
“Similarly, a person who holds 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 prescriptions of medical practitioners for a total period of not less than three years is eligible for registration”, Section 31 further states.
Sources said, “to enable the existing Pharmacists to renew their licenses, it has been decided that the Health and Medical Education Department in consultation with the Department of Law, Justice and Parliamentary Affairs will propose suitable modifications in the Central Pharmacy Act”, adding “this will be done through an adaptation order to be issued by the Ministry of Home Affairs under Section 96 of the Jammu and Kashmir Reorganization Act, 2019”.
The Section 96 of the J&K Reorganization Act, which deals with the power to adapt laws states: “For the purpose of facilitating the application in relation to the successor Union Territories, of any law made before the appointed day, the Central Government may before the expiration of one year from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority”.
“It is only by way of modifications in the Central Pharmacy Act that thousands of drug outlets can be saved from being closed”, sources said.

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