Removal from register
Section 36 of the Pharmacy Act, 1948 deals with removal from register. Subject to the provisions of this section, the Executive Committee may order that the name of a registered pharmacist shall be removed from the register, where it is satisfied, after giving him a reasonable opportunity of being heard and after such further inquiry, if any, as it may think fit to mak The Act came into force on 04 Mar 1948.
(1) Subject to the provisions of this section, the Executive Committee may order that the name of a registered pharmacist shall be removed from the register, where it is satisfied, after giving him a reasonable opportunity of being heard and after such further inquiry, if any, as it may think fit to make,--
(i) that his name has been entered in the register by error or on account of misrepresentation or suppression of a material fact, or
(ii) that he has been convicted of any offence or has been guilty of any infamous conduct in any professional respect which in the opinion of the Executive Committee, renders him unfit to be kept in the register, or
(iii) that a person employed by him for the purposes of his business of pharmacy 1[or employed to work under him in connection with any business of pharmacy] has been convicted of any such offence or has been guilty of any such infamous conduct as would, if such person were a registered pharmacist, render him liable to have his name removed from the register under clause (ii):
Provided that no such order shall be made under clause (iii) unless the Executive Committee is satisfied--
(a) that the offence or infamous conduct was instigated or connived at by the registered pharmacist, or
(b) that the registered pharmacist has at any time during the period of twelve months immediately preceding the date on which the offence or infamous conduct took place committed a similar offence or been guilty of similar infamous conduct, or
(c) that any person employed by the registered pharmacist for the purposes of his business of pharmacy 2[or employed to work under him in connection with any business of pharmacy] has at any time during the period of twelve months immediately preceding the date on which the offence or infamous conduct took place, committed a similar offence or been guilty of similar infamous conduct, and that the registered pharmacist had, or reasonably ought to have had, knowledge of such previous offence or infamous conduct, or
(d) that where the offence or infamous conduct continued over a period, the registered pharmacist had, or reasonably ought to have had, knowledge of the continuing offence or infamous conduct, or
(e) that where the offence is an offence under the 3[Drugs and Cosmetics Act, 1940 (23 of 1940)], the registered pharmacist has not used due diligence in enforcing compliance with the provisions of that Act in his place of business and by persons employed by him 12[or by persons under his control].
(2) An order under sub-section (1) may direct that the person whose name is ordered to be removed from the register shall be ineligible for registration in the State under this Act either permanently or for such period as may be specified.
(3) An order under sub-section (1) shall be subject to confirmation by the State Council and shall not take effect until the expiry of three months from the date of such confirmation.
(4) A person aggrieved by an order under sub-section (1) which has been confirmed by the State Council may, within thirty days from the communication to him of such confirmation, appeal to the State Government, and the order of the State Government upon such appeal shall be final.
(5) A person whose name has been removed from the register under this section or under sub-section (2) of section 34 shall forthwith surrender his certificate of registration to the Registrar, and the name so removed shall be published in the Official Gazette.
Section 36, The Pharmacy Act, 1948 (Act 8 of 1948).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Rajendra Prasad Bagaria vs Pharmacy Council of State of Raj.
Court's Decision & Legal Precedent
A state pharmacy council has the authority under Section 36(1)(i) of The Pharmacy Act, 1948 to cancel a pharmacist's registration on the ground of error in enrollment, even if the registration was initially approved by the council itself, provided the council gives the registered pharmacist a reasonable opportunity of being heard. The transferee state council retains the power of scrutiny over registrations obtained from other states and can decline to accept or cancel such registrations if they do not appear to be justified or were granted on erroneous grounds. The requirement of five years of experience in the concerned state cannot be circumvented by obtaining registration in another state for a brief period and then seeking transfer.
On this section: Permits Executive Committee to order removal of registered pharmacist's name from register where satisfied that name was entered by error or on account of misrepresentation or suppression of material fact; applied to justify cancellation of appellant's registration
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 36
What have the courts held on Section 36 of the Pharmacy Act?
Rajendra Prasad Bagaria vs Pharmacy Council of State of Raj. (06 Feb 2012) is the leading judgment on this section among those set out below: Permits Executive Committee to order removal of registered pharmacist's name from register where satisfied that name was entered by error or on account of misrepresentation or suppression of material fact; applied to justify cancellation of appellant's registration.
How do I find court cases under Section 36 of the Pharmacy Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Pharmacy Act 1948 36, section 36 Pharmacy Act 1948, section 36 of the Pharmacy Act. People searching for it also type pharmacy act 1948 section 36. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Rajendra Prasad Bagaria vs Pharmacy Council of State of Raj. (06 Feb 2012).
What should I read with Section 36 of the Pharmacy Act, and has it changed?
Its own text turns on section 34 (Renewal fees), so none of them can safely be read on its own. One instrument names it without being made under it, most recently Minimum Qualification for Teachers in Pharmacy Institutions Regulations, 2014 (2014).
When did Section 36 of the Pharmacy Act come into force?
Section 36 of the Pharmacy Act, cited as Pharmacy Act 1948 36, came into force on 04 Mar 1948, having been enacted on 04 Mar 1948. It is in force as at the date shown on this page.
Other sections of this Act
- 32A. Special provisions for registration of certain persons711 words
- 32B. Special provisions for registration of displaced persons, repatriates and other persons613 words
- 18. Power to make regulations495 words
- 2. Interpretation430 words
- 46. Power to make rules343 words
- 19. Constitution and composition of State Councils307 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.