Last Updated on December 12, 2023 by The Health Master
National Pharmacy Commission Bill
The pharmaceutical landscape in India is on the brink of a significant transformation with the proposed National Pharmacy Commission Bill, 2023.
As the draft bill anticipates the repeal of the Pharmacy Act, 1948, it is crucial to delve into the intricacies of this legislative shift and its potential ramifications on the existing framework.
1. The Continuity Clause: Educational Standards and Provisions
The draft Bill explicitly outlines the continuity of educational standards, requirements, and other provisions of the Pharmacy Act, 1948.
Even with the impending repeal, these standards will persist until new specifications are set forth under the new Act or its subsequent regulations.
2. Transition of Power: Dissolution of the Pharmacy Council of India
With the enactment of the National Pharmacy Commission Bill, the Pharmacy Council of India, including its subsidiaries and owned trusts, will undergo dissolution.
The Bill asserts that the newly established Commission shall seamlessly inherit all assets and liabilities of the PCI.
3. Preserving Existing Orders and Licenses
A crucial aspect of the draft Bill is its commitment to preserving existing orders, licenses, registrations, and permissions granted under the Pharmacy Act, 1948.
This ensures the continuity of operations until their natural expiry, maintaining a sense of stability during the transition.
4. Repeal and Beyond: Legal Implications
The Bill clarifies that the repeal of the Pharmacy Act, 1948, does not nullify previous operations or rights acquired under the Act.
Any penalties incurred or ongoing legal proceedings will continue as if the Act had not been repealed, ensuring a seamless legal transition.
5. Vacation and Compensation: Impacts on Leadership
Upon the dissolution of the Pharmacy Council of India, elected or nominated individuals, including the President and Members, will vacate their offices.
However, they are entitled to claim compensation, fees, and allowances for the premature termination of their term, acknowledging the impact on their professional roles.
6. Deputation Reversion: Officer Transitions
Officers appointed on a deputation basis in the Pharmacy Council of India will undergo reversion to their parent cadre, Ministry, or Department upon its dissolution.
This transition emphasizes the need for a structured and organized shift in personnel.
7. Employee Continuity: Interim Arrangements
For employees appointed on a regular basis by the Council, the draft Bill provides for a six-month interim arrangement post-enactment of the new Act.
The continuity of their services will be determined by the Commission based on performance appraisal or evaluation.
8. Compensation for Employees: Ensuring Fairness
Recognizing the potential impact on employees, the draft Bill mandates that those affected shall be entitled to compensation, not less than three months’ pay and allowances, as prescribed.
This provision reflects an emphasis on fairness during the transitional phase.
FAQs
- Q: How will the repeal of the Pharmacy Act, 1948, affect existing licenses and registrations?
- A: The draft Bill ensures the continuity of existing licenses, registrations, and permissions until their natural expiry.
- Q: What happens to the employees of the Pharmacy Council of India after its dissolution?
- A: Employees will continue for six months under an interim arrangement, and their further continuity will be determined by the Commission based on performance appraisal.
- Q: Will there be compensation for the leadership vacating their offices?
- A: Yes, individuals vacating offices, including the President and Members, are entitled to compensation for the premature termination of their term.
- Q: How does the draft Bill address legal implications of the repeal?
- A: The Bill ensures that legal proceedings, penalties, and rights acquired under the Pharmacy Act, 1948, will continue unaffected by the repeal.
- Q: What is the timeline for the enactment of the National Pharmacy Commission Bill, 2023?
- A: The draft Bill mentions that the Central Government will appoint a date for the repeal of the Pharmacy Act, 1948, and the dissolution of the Pharmacy Council of India.
Disclaimer: This article contains information derived from the source mentioned below. Our team utilized an AI language model to rewrite and present the news or article in a unique format.
Understanding the Draft National Pharmacy Commission Bill, 2023
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