Pharmacy (Amendment) Act, 1959

India code link to Pharmacy (Amendment) Act, 1959

ACT NO. 24 OF 1959

[27th August, 1959.]

An Act further to amend the Pharmacy Act, 1948.

BE it enacted by Parliament in the Tenth Year of the Republic of India as follows:—

  1. Short title and commencement.—(1) This Act may be called the Pharmacy (Amendment)

Act, 1959.

(2) Section 19 shall come into force at once; and the remaining provisions shall come into force on

such date1

as the Central Government may, by notification in the Official Gazette, appoint; and different

dates may be appointed for different States or areas thereof.

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* * * * * *

  1. Special provisions for dissolution or reconstitution and reorganisation of State

Councils.—(1) Where on account of the territorial changes brought about by the reorganisation of States

on the 1st day of November, 1956, a State Council is functioning either in a part of a State or in more than

one State, the Central Government may, after consulting the State Government or Governments

concerned, by order provide for all or any of the following matters, namely:—

(a) the dissolution of the State Council;

(b) the reconstitution and reorganisation in any manner whatsoever of the State Council,

including the constitution, where necessary, of new State Councils;

(c) the extension of the term of office of the members of a State Council for any period or periods

not exceeding two years in the aggregate;

(d) the area in respect of which the reconstituted State Council or new State Council shall

function and operate;

(e) the transfer, in whole or in part, of the assets, rights and liabilities of the State Council

(including the rights and liabilities under any contract made by it) to any other State Councils or State

Governments and the terms and conditions of such transfer;

(f) the substitution of any such transferee for the State Council or the addition of any such

transferee, as a party to any legal proceeding to which the State Council is a party; and the transfer of

any proceedings pending before the State Council to any such transferee;

(g) the transfer or re-employment of any employees of the State Council to, or by, any such

transferee and subject to the provisions of section 111 of the States Reorganisation

Act, 1956 (37 of 1956), the terms and conditions of service applicable to such employees after such

transfer or re-employment;

(h) such incidental, consequential and supplementary matters as may be necessary to give effect

to the purposes of this section.

(2) Where an order is made under this section, transferring the assets, rights and liabilities of any

State Council, then, by virtue of that order, such assets, rights and liabilities of the State Council shall vest

in, and be the assets, rights and liabilities of, the transferee.

 

  1. 1st May, 1960 vide notification No. S.O. 1042, dated 26th April, 1960, see Gazette of India, 1960, Part II, sec. 3(ii).
  2. Sections 2 to 17 rep. by Act 52 of 1964, s. 2, and the First Schedule (w.e.f. 29-12-1964).

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(3) Every order made under this section shall be published in the Official Gazette and shall be laid

before each House of Parliament, as soon as may be, after it is made.

  1. Validation of certain acts.—Chapters III, IV and V of the principal Act shall be deemed to have

taken effect in the territories which immediately before the commencement of the Constitution were

either comprised in the Province of Bombay or being administered as if they formed part of that Province,

on the earliest date on which any act, proceeding or thing was done or taken in the said territories by the

Government or by any officer of Government or by any other authority in the belief or purported belief

that the said Chapters had taken effect in the said territories and that such act, proceeding or thing was

being done or taken under the said Chapters; and all acts, proceedings and things of the nature referred to

above, done or taken in the said territories between the said date and the commencement of this section by

the Government or by any officer of Government or by any other authority shall for all purposes be

deemed to be, and to have always been, done or taken in accordance with law; and no suit or other

proceeding shall be maintained or continued against the Government or any person or authority

whatsoever on the ground that any such act, proceeding or thing was not done or taken in accordance

with law.