Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-18062025-263943
EXTRAORDINARY
PART III—Section 4
PUBLISHED BY AUTHORITY
NEW DELHI, FRIDAY, JUNE 13, 2025/JYAISTHA 23, 1947
No. 426]
3813 GI/2025
(1)
PHARMACY COUNCIL OF INDIA
NOTIFICATION
New Delhi, the 10th June, 2025
No. F. 19-1/2025-PCI.—In exercise of the powers conferred by clause (i) of sub-section (2) read with sub-
section (1) of section 18 of the Pharmacy Act, 1948 (8 of 1948), the Pharmacy Council of India, with the approval of
the Central Government, hereby makes the following regulations, namely:—
1. Short title and commencement. – (1) These regulations may be called the Pharmacy Council of India (Manner of
Holding Inquiry and Imposition of Penalty) Regulations, 2025.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions. – (1) In these regulations, unless the context otherwise requires,—
(a) "Act" means the the Pharmacy Act, 1948 (8 of 1948);
(b) "adjudicating officer" means an officer authorised under section 43A of the Act;
(c) "appellant" means a person aggrieved with an order of adjudicating officer who prefers an appeal before the
appellate authority under sub-section section (2) of section 43A of the Act;
(d) "appellate authority" means the President, Central Council referred to in sub-section (2) of section 43A of the Act;
(e) "Form" means a form appended to these regulations.
(2) The words and expressions used in these regulations and not defined, but defined in the Act, shall have the same
meanings respectively assigned to them in the Act.
3. Complaint.— Any person may file a complaint in Form-I through electronic means or speed post or in person, to
the adjudicating officer regarding any contravention of the provisions of the Act .
4. Holding of inquiry. — (1) On receipt of a complaint under regulation 3, the adjudicating officer shall issue a notice in
Form-II to the person against whom such complaint has been filed, requiring him to show cause within such period as
may be specified in the notice (being not less than seven days from the date of service thereof), why an inquiry should
not be held against him.
(2) Every notice under sub-regulation (1) shall indicate the nature of contravention alleged to have been committed.
(3) After considering the cause, if any, shown by such person, the adjudicating officer is of the opinion that an inquiry
should be held, he shall issue a notice requiring the appearance of that person personally or through a
representative duly authorised by him on such date as may be fixed in the notice.
(4) On the date fixed, the adjudicating officer shall explain to the person proceeded against or his authorised
representative, of the alleged contravention and the provisions of the Act, in respect of such contravention.
(5) The adjudicating officer shall, then, give an opportunity to such person to produce such documents or evidence in
Form-III as he may consider relevant to the inquiry and if necessary, the hearing may be adjourned to a future
date:
Provided that in taking any evidence under these regulations, the adjudicating officer shall not be bound
to observe the provisions of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023).
(6) While holding an inquiry under these regulations, the adjudicating officer may require and enforce the attendance
of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document
which in the opinion of the adjudicating officer may be useful for or relevant to the subject matter of the inquiry.
(7) If any person fails, neglects or refuses to appear as required under sub-regulation (3) before the adjudicating officer,
the adjudicating officer may proceed with the inquiry in the absence of such person after recording the reasons
for doing so.
(8) If, upon consideration of the evidence produced before the adjudicating officer, the adjudicating officer is satisfied
that the person has committed the contravention, he may by order in writing, impose such penalty under the Act,
as he considers reasonable.
(9) Every order made under sub-regulation (8) shall specify the provision of the Act in respect of which contravention
has been committed and shall contain the reasons for imposing the penalty.
(10) Every order made under sub-regulation (8) shall be dated and signed by the adjudicating officer.
(11) A copy of the order made under this regulation and all other copies of proceedings shall be supplied free of cost
to the complainant and the person against whom the inquiry was held.
(12) The adjudicating officer shall complete the proceedings within six months from the issuance of the notice to the
opposite party under sub-regulation (1).
(13) A notice or an order issued under these regulations shall be served on the person against whom an inquiry is held,
in any of the following manner, namely:—
(a) by delivering or tendering it to that person or his authorised representative; or
(b) by sending it to the person through electronic means or by registered post or speed post to the address of his
place of residence or his last known place of residence or the place where he carried on or last carried on, business
or personally works or last worked for gain; or
(c) if it cannot be served in the manner specified under clauses (a) or (b), by affixing it on the outer door or some
other conspicuous part of the premises in which that person resides or is known to have last resided or carried on
business or personally works or has worked for gain.
(14) For the purposes of conducting inquiry under these regulations, the adjudicating officer may take assistance of the
Registrars or Inspectors appointed under the Act.
5. Appeal. (1) Any person aggrieved by an order of the adjudicating officer under these regulations, may prefer an
appeal to the appellate authority in Form-IV.
(2) The appeal shall be filed with the appellate authority within a period of forty-five days from the date of
receipt of the order:
Provided that the appeal may be admitted after the expiry of the period of forty-five days, if the appellant
satisfies the appellate authority that he had sufficient cause for not preferring the appeal within such period.
(3) The appeal shall be accompanied by a copy of order of the adjudicating officer issued under sub-regulation
(8) of regulation 4 and a clear statement of facts appealed against, the grounds for appeal and contraventions
under the relevant sections of the Act.
(4) The appeal shall be filed in triplicate by the appellant or by his authorised representative duly appointed in
writing in this behalf, in person or by registered post or speed post or through electronic means.
(5) The appeal sent by post shall be deemed to have been filed before the appellate authority on the day it is
received.
(6) If, on scrutiny, the appeal is found to be in order, it shall be admitted.
(7) If the appeal is found to be defective, the same shall, after notice to the party, be returned for compliance and
if within twenty-one days of receipt of such notice or within such extended time as may be granted, the defect is
not rectified, the appellate authority, may, for reasons to be recorded in writing, reject the appeal.
(8) A copy of the appeal shall be served by the appellate authority on the respondent by hand or by registered
post or speed post or through electronic means.
(9) The respondent may, within thirty days of service of notice of appeal, file reply to the appellate authority.
(10) The appellate authority may call for the records relating to the proceedings from the adjudicating officer.
(11) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such
orders as he may consider reasonable.
(12) The appellate authority shall dispose of the appeal within ninety days from the date of filing of the appeal.
6. Order and penalties. — (1) Every order under these regulations, shall be dated, signed and communicated to all the
parties.
(2) All sums realised by way of penalties under these regulations shall be credited to the account of the respective
state pharmacy council.
ANIL MITTAL, Registrar-cum-Secy.
[ADVT.-III/4/Exty./159/2025-26]
FORM I
(see regulation 3)
To,
The Adjudicating Officer
..................................................
..................................................
..................................................
1. Particular of complainant:-
(a) Name:
(b) Address for service:
(c) Contact No:
(d) Email (for service):
2. Particulars of complaint:-
(a) Date, time and instance of commission of the alleged contravention or default:
(b) Statement of contravention or default setting out all relevant material particulars:
(c) Evidence in support of the statement:
(d) Tentative claimed amount (in pecuniary terms) with break-up:
I/We.........., the complainant. ..herein declare that the facts stated herein are correct to the best of my/our
knowledge.
3.
Name and Signature of the Complainant:
Note. - Strike out whichever is not applicable.
Form-II
[See sub-regulation (1) of regulation 4]
To
..................................................
..................................................
..................................................
..................................................
SHOW CAUSE NOTICE
Sub: Contravention of the provisions of the Pharmacy Act, 1948 (8 of 1948).
Sir/Madam,
As per the complaint received in Form-I dated ____________ (copy enclosed), contravention has been committed
under section ________________ of the Pharmacy Act, 1948 at ____________________.
2.
The above contravention is liable for penalty. Therefore, you are required to show cause within a period of
---- days of service of this notice, why an inquiry should not be initiated against you under section 43A of the Pharmacy
Act, 1948 for imposition of penalty. In case, no reply is received within the given period, further action shall be taken
under the Act.
Adjudicating officer
Date and place..………………………………
In case, no reply is received within the given period, the further action shall be taken under the Act.
____________________________________
____________________________________
Date and place...………………………………
Adjudicating officer
FORM-III
Furnishing of document or evidence
[See sub-regulation (5) of regulation 4]
To
..................................................
..................................................
..................................................
1.
I/We, ___________________________________
hereby give a counter statement to the complaint made in Form-I
The grounds in which the counter statement is made are as follows:-
____________________________________
____________________________________
____________________________________
____________________________________
2.
Complete address including postal index number/code and state along with mobile number and e-mail:
3.
Signature of the alleged contravener or his authorised representative:
4.
Name of the person along with mobile number who has signed:
FORM-IV
Appeal
[See sub-regulation (1) of regulation 5]
To
Appellate Authority,
..................................................
..................................................
..................................................
1.
Particulars of appellant:
(i)
Name:
(ii)
Address for correspondence:
(iii) Contact No:
(iv) Email:
2.
Grounds of appeal:
(A copy of order of adjudicating officer to be enclosed)
3.
Date of order of the adjudicating officer:
4.
Statement of facts:
I/We............, the appellant hereby declare that the facts stated herein above are correct to the best of my/our
knowledge, information and belief.
5.
Signature of appellant and date:
6.
Name of appellant:
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH
YADAVA
Digitally signed by GORAKHA
NATH YADAVA
Date: 2025.06.18 14:26:46 +05'30'