Section 42: Dispensing by unregistered persons.

The Pharmacy Act, 1948Central Act · Act 8 of 1948

(1) 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 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:

[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).]

(2) 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].

(3) 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.]

Where this provision sits

Act	The Pharmacy Act, 1948
Section	42
Marginal note	Dispensing by unregistered persons.
Jurisdiction	Central
Status	In force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

omitted. . 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, Act 70 of 1976. . Added by Act 70 of 1976, s. 19 (w.e.f. 1-9-1976).
substituted, Act 22 of 1982. . Subs. by Act 22 of 1982, s. 2, for "five years" (w.e.f. 1-9-1981).
substituted, Act 18 of 2023. .Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 31-12-2024).
substituted, Act 24 of 1959. . Subs. by Act 24 of 1959, s. 16, for "an order of the State Government" (w.e.f. 1-5-1960).

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