Section41
The Pharmacy Act, 1948

Penalty for falsely claiming to be registered

In force From 04 Mar 1948 Act 8 of 1948 As on 15 Oct 2026

Act 8 of 1948 Ministry Health and Family Welfare Enacted 04 Mar 1948 In force 04 Mar 1948

Section 41 of the Pharmacy Act, 1948 deals with penalty for falsely claiming to be registered. IIf any person whose name is not for the time being entered in the register of the State falsely pretends that it is so entered or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable on first conviction w The Act came into force on 04 Mar 1948.

1[(1) IIf any person whose name is not for the time being entered in the register of the State falsely pretends that it is so entered or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable on first conviction with fine which may extend to one lakh rupees and on subsequent conviction with imprisonment which may extend to three months or with fine not exceeding two lakh rupees, or with both:

Provided that it shall be a defence if the name of the person is entered in the register of another State and that at the time of claim, an application for registration in the State had been made.]

(2) For the purposes of this section--

(a) it shall be immaterial whether or not any person is deceived by such pretence or use as aforesaid;

(b) the use of the description "pharmacist", "chemist", "druggist", "pharmaceutist", "dispenser", "dispensing chemist", or any combination of such words 2[or of any such word with any other word] shall be deemed to be reasonably calculated to suggest that the person using such description is a person whose name is for the time being entered in the register of the State.

(c) the onus of proving that the name of a person is for the time being entered in the register of a State shall be on him who asserts it.

(3) Cognizance of an offence punishable under this section shall not be taken except upon complaint made by order of the State Government or 2[any officer authorized in this behalf by the State Government or by order of] the Executive Committee of the State Council.

Section 41, The Pharmacy Act, 1948 (Act 8 of 1948).

Questions about Section 41

What does Section 41 of the Pharmacy Act deal with?

Section 41 of the Pharmacy Act is headed "Penalty for falsely claiming to be registered". IIf any person whose name is not for the time being entered in the register of the State falsely pretends that it is so entered or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable on first conviction w

How do I find court cases under Section 41 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 41, section 41 Pharmacy Act 1948, section 41 of the Pharmacy Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

When did Section 41 of the Pharmacy Act come into force?

Section 41 of the Pharmacy Act, cited as Pharmacy Act 1948 41, 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

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.