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Section 42: Dispensing by unregistered persons
- (1) On or after such date as the State Government may by notification in the Official Gazette appoint in this behalf, no person other than a registered pharmacist shall compound, prepare, mix, or dispense any medicine on the prescription of a medical practitioner 1***; Provided that this sub-section shall not apply to the dispensing by a medical practitioner of medicine for his own patients, or with the general or special sanction of the State Government, for the patients of another medical practitioner: 2[Provided further that where no such date is appointed by the Government of a State, this sub-section shall take effect in that State on the expiry of a period of 3[eight years] from the commencement of the Pharmacy (Amendment) Act, 1976 (70 of 1976).]
- (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with 4[imprisonment for a term which may extend to three months, or with fine which may extend to two lakh rupees, or with both].
- (3) Cognizance of an offence punishable under this section shall not be taken except upon complaint made by 5[order of the State Government or any officer authorised in this behalf by the State Government, or by order of the Executive Committee of the State Council.]
Source: official text of The Pharmacy Act, 1948 as published on India Code (PDF). All sections of the Pharmacy Act, 1948.