Nishikant Khajuria
JAMMU, Mar 14: For ending uncertainty over the fate of thousands of Pharmacists, who possess Diploma in Medical Assistant/Pharmacist from the institutions recognized by the erstwhile J&K Para Medical Council, the Administrative Council (AC) has once again given its nod for amendment in Section 32-C of Pharmacy Act 1948 (Central Act)-Introduction of draft Bill.
The Administrative Council, which met here under the chairmanship of Lt Governor Manoj Sinha, gave its assent for amendment in Section 32-C, inserted in Pharmacy Act, 1948 (Central Act) through an Adaptation order under S.O No. 3465 (E), dated 5th of October, 2020.
The instant proposal is for amendment in the existing Section 32-C of the Pharmacy Act, 1948 to the effect that notwithstanding anything contained in Section 32, any person whose name has been entered in the register of Pharmacists maintained under the Jammu and Kashmir Pharmacy Act, 2011 ( 1955 AD) or possesses qualification Medical Assistant prescribed under the said Act, shall be deemed to have been entered in the register of Pharmacists prepared and maintained under Chapter IV of this Act, subject to an application to be made in this behalf within a period of one year commencing from the date of re-notification and payment of such fee as may be prescribed by the Administration of Union Territory of Jammu and Kashmir.
This is for the third time that the J&K Administrative Council has given its nod for amendment in Section 32-C of the Pharmacy Act as earlier approvals for the same were returned by the Union Home Ministry for re-examining on some technical grounds.
Pertinent to mention that the J&K Pharmacy Act 2011 was replaced with the Central Pharmacy Act 1948 as per the provisions of J&K Reorganization Act, vide gazette notification, dated 30-10-2019. Thereafter, Union Ministry of Home Affairs issued an order under S.O 3465(E), dated 05-10-2020 incorporating Section 32-C in the Central Pharmacy Act, which says that any person whose name has been entered in the register of Pharmacists maintained under the J&K Pharmacy Act, 2011 and possesses qualification prescribed under the said Act, shall be deemed to have been entered in the register of Pharmacists prepared and maintained under Chapter IV of this Act, subject to an application to be made in this behalf within a period of one year commencing from October 31, 2020.
However, there are around 2400 Medical Assistants/ Pharmacists in Government service and more than 22000 candidates who had either completed or were pursuing the course of Medical Assistant/Pharmacist from the institutions duly recognized by the erstwhile J&K Para Medical Council at that time but were not registered under J&K Pharmacy Act.
Earlier, these Medical Assistants/Pharmacists did not apply for the registration because there was no need for the same to join Government service in the erstwhile State of J&K and Medical Assistants/ Pharmacists in Government sector were exempted from obtaining a license under provisions of Drug & Cosmetic Act 1940 and Rules there under. Similarly, the candidates pursuing Medical Assistant/Pharmacist course from the institutes recognized by J&K State Para Medical Council were primarily relying on the prospect of getting a Government job and thus had not applied for the registration, which was considered last resort for self employment in case they fail to get a Government job.
However, following replacement of J&K Pharmacy Act by the Central Pharmacy Act in the Union Territory of Jammu and Kashmir, only those having B Pharma or Pharma D Course from a PCI approved institutions are now eligible for the registration and carrying out the practice and profession of Pharmacy.
While the matter in respect of those already registered under J&K Pharmacy Act got resolved by inserting Section 32-C in the Central Act, uncertainty continued to loom large over the fate of leftover Pharmacists.
The Excelsior had carried a series of stories highlighting the grievance of the leftover Pharmacists, particularly those unemployed youth who have completed the course from duly recognized institutions but were not registered.
After the matter was taken up by the Health & Medical Education Department of J&K Government, Pharmacy Council of India principally agreed for necessary amendment in Section 32-C and asked the J&K Govt to get the amendment in this regard approved from Parliament so that Statutory Order on extending registration to leftover Pharmacists could be issued.
However, the proposal for carrying out amendment in the Section 32-C and approved by the J&K Administrative Council, was twice returned by the Union Home Ministry on technical reasons in language of the draft and thus the matter remained pending for the last two years.
In its latest communication to the J&K Government, dated December 28, 2022, the Ministry of Home Affairs suggested that a revised amendment proposal in the lines similar to the proposal of the Administration of UT of Ladakh may be sent to the Ministry so that a consolidated proposal may be forwarded to the Ministry of Health & Family Welfare for taking necessary action in the matter.
And now a fresh draft proposal in the lines similar to the proposal of the Ladakh UT Administration has been prepared and approved by the J&K Administrative Council. After examining the proposal, the Union Home Ministry will forward the same to the Ministry of Health and Family Welfare for approval of the Parliament and necessary action so that amendment in Section 32-C of Pharmacy Act may be affected.
The necessary amendment will salvage career of more than 24 unregistered Pharmacists in J&K, who possess Diploma in Medical Assistant/Pharmacist and those pursuing the said course in the institutions recognized by the erstwhile J&K Para Medical Council at the time of introduction of J&K Reorganization Act 2019.
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