Last Updated on July 24, 2024 by The Health Master
Jan Vishwas
The Pharmacy Council of India (PCI) has taken a significant step towards streamlining enforcement procedures under the Pharmacy Act, 1948 in accordance with Jan Vishwas Act.
This move aligns with the recent Jan Vishwas (Amendment of Provisions) Act, 2023, which aims to simplify regulations and ease business operations.
Key Highlights of the Proposed Regulations:
Establishment of a New Chapter:
The PCI proposes adding a dedicated chapter (likely Chapter 12) to its regulations.
This new chapter will outline clear procedures for conducting inquiries, imposing penalties, and handling appeals related to specific violations of the Pharmacy Act.
State Council’s Role in Enforcement:
The proposed regulations empower the President of each State Pharmacy Council to act as the adjudicating officer.
This officer will be responsible for authorizing inspections, conducting inquiries, and imposing penalties for violations like practicing pharmacy without registration or falsely claiming registration status.
Inquiry Process:
A formal inquiry will be initiated upon receiving a complaint against an unregistered individual posing as a registered pharmacist.
The President of the State Council will appoint inspectors to investigate the matter and submit a detailed report within 14 days.
The Registrar or Secretary of the State Council will then review the findings and decide whether to dismiss the complaint or proceed further.
Penalty Imposition:
If the investigation reveals sufficient evidence, a penalty may be imposed in accordance with the Pharmacy Act.
The proposed maximum penalty for a first offense is ₹1 lakh, while subsequent offenses can attract a fine of up to ₹2 lakh.
Appeal Mechanism:
Right to Appeal:
The proposed regulations uphold the right to appeal for individuals contesting the adjudicating officer’s decision.
An appeal can be filed with the President of the PCI (appellate authority) within 45 days of receiving the penalty order.
Appeal Process:
Appeals must be submitted in the form of a petition with supporting documents.
The President of the PCI or a designated official will conduct a preliminary review to ensure the appeal meets all requirements.
If deemed valid, a hearing will be scheduled.
Following the hearing and due consideration, a written decision will be issued within 90 days of filing the appeal.
Background and Rationale:
The Jan Vishwas Act introduced Section 43A into the Pharmacy Act, streamlining the adjudication process for specific offenses.
This new section empowers State Pharmacy Council presidents to handle inquiries and impose penalties, ensuring a more efficient enforcement system.
Additionally, the Act replaces harsh penalties like imprisonment with reasonable fines, promoting a business-friendly environment.
Public Consultation and Implementation:
The PCI is currently seeking feedback from stakeholders on the proposed regulations.
Comments can be submitted until August 10, 2024.
Once finalized, these regulations will provide a clear and well-defined framework for enforcing the Pharmacy Act, fostering transparency and fairness in the process.
Overall Impact:
The proposed regulations by the PCI represent a positive step towards a more efficient and transparent enforcement system for the Pharmacy Act.
This aligns with the government’s broader initiative to simplify regulations and enhance ease of doing business.
The streamlined inquiry, penalty, and appeal procedures will benefit both regulatory bodies and individuals practicing pharmacy.
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.
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