Pharmacists Registration: Removal and restoration   

The Pharmacy act 1948, under Removal from the register, lists the process to remove the name of pharmacists under section 36 and restoration of removed name under section 37. 

The Executive Committee may order the removal of the name of a registered pharmacist from the register, under section 36, after giving a reasonable opportunity of being heard and after their inquiry.    

 The grounds for removal may be the name entered by an error or misrepresentation or suppression of a material fact, or that the person has been convicted of any offense or has been guilty of any professional misconduct as per the Executive Committee.     

Removal is subject to the satisfaction of the Executive Committee as per the act after scrutiny of the conduct of person over a period and ascertaining that, the registered pharmacist had knowledge of the continuing offense, or that the offense is under the Drugs and Cosmetics Act, 1940 and the registered pharmacist has not used due diligence in enforcing compliance with the provisions of the Act in his place of business and by persons employed by him.  

The Executive Committee may direct that the person whose name is ordered to be removed from the register shall not be eligible for registration in the State permanently or for some specified period. This is subject to confirmation by the State Council and shall take effect only after the expiry of three months from the date of confirmation.    

A person impacted by this order can appeal to the State Government within 30 days from the communication to him of confirmation. However, the order of the State Government upon such appeal shall be final.    

A person whose name has been removed from the register, have to surrender his certificate or registration to the Registrar. The name removal shall be published in the Official Gazette.    

Restoration to the register   

The State Council may restore the name to the register at any time for reasons appearing to it sufficient order, post payment of the prescribed fee if an appeal against name removal has been rejected by the State Government under section 37. 

An order under this section shall not be effective unless it has been confirmed by the State Government.    

Bar on jurisdiction   

No court has jurisdiction to hear the refusal to enter a name on the register or removal of a name from the register. 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.