42. Dispensing by unregistered persons
On or after such date as the State Government may by notification in the Official Gazette appoint in this behalf, no person other than a registered pharmacist shall compound, prepare, mix, or dispense any medicine on the prescription of a medical practitioner ***;
[Provided further that where no such date is appointed by the Government of a State, this sub-section shall take effect in that State on the expiry of a period of [eight years] from the commencement of the Pharmacy (Amendment) Act, 1976 (70 of 1976).]
Provided that this sub-section shall not apply to the dispensing 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:
Whoever contravenes the provisions of sub-section (1) shall be punishable with [imprisonment for a term which may extend to three months, or with fine which may extend to two lakh rupees, or with both].
Cognizance of an offence punishable under this section shall not be taken except upon complaint made by [order of the State Government or any officer authorised in this behalf by the State Government, or by order of the Executive Committee of the State Council.]
Amendment notes (5)
- omitted w.e.f. 1-5-1960 . The words "except under the direct and personal supervision of a registered pharmacist" omitted by s. 16, ibid. (w.e.f. 1-5-1960).
- Added w.e.f. 1-9-1976 . Added by Act 70 of 1976, s. 19 (w.e.f. 1-9-1976).
- Subs w.e.f. 1-9-1981 . Subs. by Act 22 of 1982, s. 2, for "five years" (w.e.f. 1-9-1981).
- Subs w.e.f. 31-12-2024 .Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 31-12-2024).
- Subs w.e.f. 1-5-1960 . Subs. by Act 24 of 1959, s. 16, for "an order of the State Government" (w.e.f. 1-5-1960).