The Indian Parliament has enacted the Pharmacy (Amendment) Act, 2023, receiving Presidential assent on 15th August 2023. This amendment introduces significant changes to the Pharmacy Act of 1948, specifically including provisions related to persons registered or qualified under the Jammu and Kashmir Pharmacy Act, 2011. This analysis provides an overview and interpretation of the key aspects of this amendment.
Analysis
The Pharmacy (Amendment) Act, 2023: This new act introduces a special provision that integrates the pharmacists’ registry of Jammu and Kashmir into the central register prepared under the Pharmacy Act, 1948.
Section 32C: The core feature of this amendment focuses on the integration of qualifications and registrations under the Jammu and Kashmir Pharmacy Act, 2011. Anyone entered into the local register or possessing prescribed qualifications is now deemed part of the central register. However, this must be applied for within a year, with fees and manner dictated by the Government of Union territory of Jammu and Kashmir and Administration of Union territory of Ladakh.
Corrigendum: A correction has also been made to the Forest (Conservation) Amendment Act, 2023, clarifying the terminology used.
Conclusion
The Pharmacy (Amendment) Act, 2023 represents a significant legal development within India’s pharmaceutical landscape, emphasizing the integration of Jammu and Kashmir’s local regulations with national law. It reflects the ongoing efforts to unify and streamline regulations across different territories of the nation. Interested parties must act within the stipulated time frame to ensure compliance with these new provisions. The amendment signifies India’s commitment to enhancing and simplifying the legal frameworks governing the pharmacy sector.
*****
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 15th August, 2023/ Sravana 24, 1945 (Saka)
The following Act of Parliament received the assent of the President on the 15th August, 2023 and is hereby published for general information:—
THE PHARMACY (AMENDMENT) ACT, 2023
NO. 29 OF 2023
[15th August, 2023.]
An Act further to amend the Pharmacy Act, 1948.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—
1. Short title.
This Act may be called the Pharmacy (Amendment) Act, 2023.
2. Insertion of new section 32C.
After section 32B of the Pharmacy Act, 1948, the following section shall be inserted, namely:—
“32C. Special provision relating to persons registered or qualified under Jammu and Kashmir Pharmacy Act, 2011.
Notwithstanding anything contained in section 32, any person whose name has been entered in the register of pharmacists maintained under the Jammu and Kashmir Pharmacy Act, 2011 or possesses qualification (medical assistant/pharmacists) prescribed under the said Act shall be deemed to have been entered in the register of pharmacists prepared and maintained under Chapter IV of this Act, subject to condition that an application to be made in this behalf within a period of one year from the commencement of the Pharmacy (Amendment) Act, 2023 and on payment of such fee, and in such manner, as may be prescribed by the Government of Union territory of Jammu and Kashmir and Administration of Union territory of Ladakh.”.
————
DR. REETA VASISHTA
Secretary to the Govt. of India.
————
CORRIGENDUM
THE FOREST (CONSERVATION) AMENDMENT ACT, 2023
NO. 15 OF 2023
In the FOREST (CONSERVATION) AMENDMENT ACT, 2023 (15 OF 2023), as published in the Gazette of India, Extraordinary, Part II, Section 1, dated the 4th August, 2023, Issue No. 18, on page 2, in line 1, for “Nationality”, read “Nationally”.
————
Special provision relating to persons registered or qualified under Jammu and Kashmir Pharmacy Act, 2011.
