MSPC Rules 1969 - Chapter IX
PENAL REMOVAL FROM THE PHARMACY REGISTER
63. Complaints against registered pharmacists -
- The council may moto or on any complaint made to it in that behalf hold an enquiry as respects the conduct of any registered pharmacist for the purposes of section 36.
- Whenever information is received that the name of a person has been in the register of pharmacist by error or on account of misrepresentation of a material fact or that a registered pharmacist or a person employed by him for the purpose of his business has been guilty of conduct which prima facie constitutes infamous conduct in a professional respect, or that a person employed by him for the purpose of his business has been guilty of conduct which prima facie would constitute infamous conduct in a professional respect if such person were a registered pharmacist, the Registrar shall make an abstract of such information and of any further information he may have subsequently obtained.
- When the information in question is in the nature of a complaint by a person or body charging the pharmacist with infamous conduct in any professional respect such complaint shall be made in writing addressed to the Registrar and shall state the grounds of complaint and shall be accompanied by one or more declarations as to the fact of the case. All anonymous complaints shall be disregarded.
- Every declaration shall state the description and true place of abode of the declarant and where a fact stated in a declaration is not within the personal knowledge of the declarant the source of the information and grounds for the belief of the declarant in its truth shall be accurately and fully stated.
64. Procedure for submission of complaint to Executive committee -
- The abstract, and where a complaint has been lodged the complaint and all other documents bearing on the case shall be submitted by the Registrar to the President who shall, when he thinks this necessary, instruct the Registrar to ask the pharmacist by means of a registered letter for an explanation he may have to offer.
- The document including any explanation forwarded by the pharmacist to the Registrar shall then be referred to the Executive Committee.
65. Powers of Executive Committee -
- The Executive Committee shall consider the same and shall have power to cause further investigation to be made and further evidence to be taken and if necessary to obtain legal or other advice. The Executive Committee if it so desire may request the Drugs Control Administration of the State and authorise them to enquire into the matter on their behalf.
- If the Committee is of opinion that a prima facie case is not made out, the case shall not be proceeded with further and the Registrar shall inform the complainant if any, of the resolution of the Committee.
- If the Committee is of the opinion that the circumstances suggest that a letter of warning be sent, the Committee shall sent it.
- If the Committee resolves that the case is one in which an enquiry ought to be held, the President shall direct the Registrar to take steps for the institution of an enquiry and for having the case heard and determines by the Executive Committee.
66. Enquiries -
- An enquiry directed under the fore going rule shall be instituted by the issue of a notice in writing on behalf of the Executive Committee by the Registrar addressed to the Pharmacist. Such notice shall specify the nature and particulars of the charge and inform him of the day on which the Executive Committee intend to deal with the case and shall call upon the Pharmacist to answer the charge in writing and to attend before the Executive Committee on such day. The notice shall be in Form 12 with such variation as circumstances may require and shall be sent at least three weeks before the date of enquiry. The Registrar shall also inform the complainant of the date so appointed, when the case is one under rule 63(3).
- Any answer, evidence or statement forwarded or application made by the Pharmacist between the date of the issue of the notice and the day named for the hearing of the case shall be dealt with by the President in such manner as he shall think fit.
- All material documents which are to be laid before the Executive Committee as evidence of the case shall be printed or typed or cyclostyled and a copy shall be furnished to each member of the Committee before the hearing of the case.
67. Legal assistance at inquiry -
- At the hearing of the case by the Executive Committee, the Pharmacist and where the case is under rule 63(3) also the complainant may be represented or assisted by a legal representative.
- The Executive Committee may, if it considers necessary employ a lawyer to advise it in the conduct of the case.
68. Procedure of inquiry -
- When in a case under rule 63(3) the complainant appears personally or by a legal representative the following will be the order of procedure :-
(a) The Registrar will read to the Executive Committee the notice of the enquiry addressed to the Pharmacist.
(b) The complainant or his authorised representative will then be invited to state his case and to produce evidence in support of it.
(c) The Registered Pharmacist or his authorised representative will then be invited to state his case and to produce his evidence in support of it. He may address the Executive Committee either before or at the conclusion of his evidence but only once.
(d) At the conclusion of the Pharmacist's case the Executive Committee will, if the Pharmacist has produced evidence, hear the complainant in reply on the case generally, but will allow no further evidence except in any special case in which the Executive Committee may think fit to allow such further evidence. If the Pharmacist produces no evidence the complainant will not be heard in reply except by special leave of the Executive Committee.
(e) Where a witness is produced by any party before the Executive Committee he will be first examined by the party producing him and then cross-examined by the adverse party, and then re-examined by the party producing him. The Executive Committee may decline to admit in evidence any declaration where the declarant is not present or decline to submit to cross-examination.
(f) The President and the lawyer where any is employed by the President may put questions to the complainant, the Pharmacist or any witness. A member of the Executive Committee may also put questions to them but such questions shall be put through the President.
69. Absence of complainant - Where there is no complainant or no complainant appears, the following will be the order of procedure :-
- The Registrar will read to the Executive Committee the notice of enquiry addressed to the Pharmacist and will state the facts of the case and produces before the Executive Committee the evidence by which it is supported.
- The Registered Pharmacist or his authorised representative will then be invited to state his case and to produce evidence in support of it. He may address the Executive Committee either before or at the conclusion of the evidence he produces, but only once.
- The lawyer to the Executive Committee when one is employed, may be heard in reply if the Executive Committee so desire.
70. Adjournment of meetings - The Executive Committee may, if they think it necessary adjourn the hearing or further hearing of a case to another date, and inform accordingly the Pharmacist and the complainant, where any, when they are present; and when they are not present or when the date to which the hearing or further hearing is adjourned is not fixed forthwith, the Registrar shall intimate to them the date, by a letter to be sent by Registered post at least 28 days before that date.
71. Decision of Executive Committee -
- Upon the conclusion of the hearing the Executive Committee will deliberate in private, and at the conclusion of the deliberation, the President shall call upon the members of the Committee present to cast their votes on the following questions according to the nature of the charge, namely :-
(a) Whether the pharmacist or the person employed by him for the purpose of his business of Pharmacy, has been convicted of the offence stated in the charge;
(b) Whether the pharmacist has been guilty of an infamous conduct in a professional respect;
(c) Whether the conduct of a person employed by him for the purpose of his business of Pharmacy has been such as would constitute infamous conduct if such person were a registered Pharmacist;
(d) Whether the name of the pharmacist has been entered in the register by error or on account of misrepresentation or suppression of a material fact.
- If the majority of the members present (including the president who shall have a casting vote in case of equality of votes), vote in the negative the Pharmacist shall be discharged.
- If the majority of the members present (including the President who shall have a casting vote in case of equality of votes), vote in the affirmative the Committee shall proceed to consider the punishment to be imposed. Such punishment may be either removal of the name from the register permanently or for a specified period or merely warning or censure to the Pharmacist :
Provided that, when the charge is that the pharmacist has been convicted of an offence, the Committee may, in consideration of the nature of the offence retain from imposing any punishment on him.
- When the decision taken under sub-rule (3) be for removal of the name of the pharmacist from the register, the Executive Committee shall order that the name be removed accordingly, after the same has been confirmed by the Council.
- The Registrar shall upon the removal of any name from the Register pursuant to the provisions of the preceding clauses or of section 36 forthwith send notice of such removal to the pharmacist and such notice shall be sent by a registered letter addressed to the last known address or the registered address of the pharmacist. The Registrar shall also send forthwith intimation of any such removal to the Licensing authority of the State under the Drugs and Cosmetics Act,1940,and also the Dean or Secretary or other proper officer of any body or bodies from which the Pharmacist has received his qualifications as well as to the Registrars of all the State Councils.