Jan Vishwas Act Amendment on Pharmacy Act to Take Effect from Dec 31

The Jan Vishwas Act also impacts other healthcare-related laws, with similar amendments to the Drugs and Cosmetics Act 1940 set to come into force on December 31, 2024. 

The revised provisions of the Jan Vishwas (Amendment of Provisions) Act, 2023, announced by the Central Government last year, to eliminate harsh penalties from The Pharmacy Act, 1948, will take effect on December 31, 2024.

These amendments aim to ease compliance burdens by removing stringent punishments, such as imprisonment, for certain violations. 

The Ministry of Health and Family Welfare has issued a notification setting this date, solidifying the government's commitment to simplifying regulations within the healthcare sector.

Key Changes

Under the Jan Vishwas Act, a new section, 43A, was added to the Pharmacy Act 1948. This section introduces a framework for adjudicating penalties, focusing on replacing imprisonment with financial penalties. 

The amended Act authorizes the president of the State Pharmacy Council to act as the adjudicating officer in cases where alleged violations occur. 

This officer will conduct inquiries and impose penalties per the guidelines of Section 18 of the Act. It is mandated that any person accused of a violation must be given a reasonable opportunity to be heard before any penalty is imposed.

If an individual is dissatisfied with the adjudicating officer’s decision, they can appeal to the President of the Central Council within 45 days of receiving the order. The Act allows for an extension of this period if the appellant can demonstrate a valid reason for the delay. 

Furthermore, the Act specifies that no appeal will be resolved without offering the appellant a chance to present their case. The Central Council is required to resolve the appeal within 90 days of filing.

Substantial Revisions in Penalties

The Jan Vishwas Act significantly amends the penalties under the Pharmacy Act. 

Notably, it replaces the earlier provision of imprisonment for six months or a fine of one thousand rupees (or both) with a penalty of up to INR 1 Lakh under Section 26A. 

Additionally, Section 41 has been revised to increase the penalties for false representation of a registered pharmacist's status. 

The new provision states that an individual falsely claiming to be registered but is not on the state register will face a fine of up to INR 1 Lakh for a first offense. For subsequent offenses, the individual could face imprisonment of up to three months, a fine not exceeding iNR 2 lakh, or both.

The Pharmacy Council of India (PCI) has proactively framed the necessary regulations to enforce these amendments. These regulations detail the procedures for conducting inquiries, imposing penalties, and handling appeals. 

The Health Ministry's notification also highlights that the PCI will implement these new rules effectively. The Jan Vishwas Act also impacts other healthcare-related laws, with similar amendments to the Drugs and Cosmetics Act 1940 set to come into force on December 31, 2024.