Nepal Pharmacy Council Act, 2057 – Detailed Questions and Answers

1. When was the Nepal Pharmacy Council Act authenticated and enforced?

Answer:
The Nepal Pharmacy Council Act was authenticated on 2057 Magh 18 (January 31, 2001). The date of enforcement is to be notified by the Government of Nepal via Nepal Gazette.

2. What is the primary objective of the Nepal Pharmacy Council Act?

Answer:
The main purpose of the Act is to establish and empower the Nepal Pharmacy Council to systematically manage the pharmacy profession by regulating pharmacy education, licensing of pharmacists and pharmacy assistants, and ensuring professional standards in pharmaceutical practices.

3. What kind of body is the Nepal Pharmacy Council?

Answer:
The Nepal Pharmacy Council is an autonomous body corporate with perpetual succession, which means it can own property, sue and be sued in its own name, and operate independently while being accountable to the Government of Nepal.

4. How is the Nepal Pharmacy Council established under this Act?

Answer:
The Council is established under Section 3 of the Act by the Government of Nepal for the regulation and registration of pharmacists and pharmacy assistants, and to make pharmacy services effective and scientific.

5. Who is considered a “pharmacist” according to the Act?

Answer:
A “pharmacist” is defined as a person who has completed at least a bachelor’s degree in pharmacy or an equivalent qualification from a recognized institution.

6. Who is a “pharmacy assistant”?

Answer:
A pharmacy assistant is a person who has completed at least a certificate-level course in pharmacy or equivalent from a recognized educational institution.

7. What is meant by “registered pharmacist” and “registered pharmacy assistant”?

Answer:
These terms refer to individuals whose names have been officially entered into the registration book of the Council, thus allowing them to legally practice their profession.

8. Can a person practice pharmacy without registration under this Act?

Answer:
No. Practicing pharmacy without having one’s name registered in the Council is prohibited after one year from the commencement of the Act. Doing so constitutes a punishable offense.

9. What are the penalties for unauthorized practice of pharmacy?

Answer:
A person found practicing without registration may face a fine up to NPR 3,000, imprisonment up to three months, or both.

10. Who can apply for name registration in the Council?

Answer:
Any pharmacist or pharmacy assistant who meets the qualification criteria can apply for registration by submitting an application along with academic documents and the prescribed fee.

11. What documents must accompany a registration application?

Answer:
The application must include the academic degree, training certificates, other supporting documents, and the registration fee.

12. What happens after an application is submitted?

Answer:
The Registrar examines the application and submits it to the thematic committee for evaluation and recommendation.

13. Who has the authority to approve registration?

Answer:
The final decision regarding registration is made by the Council after recommendation by the thematic committee.

14. What kind of register is maintained by the Council?

Answer:
Two separate registers are maintained: one for pharmacists and another for pharmacy assistants.

15. What is the process if registration is denied?

Answer:
If the Council decides not to register an applicant, the Registrar must inform the applicant of the decision and the reasons for rejection.

16. Under what circumstances can a registered name be deleted?

Answer:
A registered name can be deleted if the individual is found to be mentally unsound, insolvent, criminally convicted, professionally unethical, or if the name was fraudulently registered.

17. What is the procedure for deleting a registered name?

Answer:
Before deletion for misconduct or fraud, an inquiry committee is formed to investigate and submit a report. A two-thirds majority of the Council is needed to approve the deletion.

18. Can a deleted name be re-registered?

Answer:
Yes, the person may reapply for registration after at least one year, provided a valid justification is presented and accepted by the Council.

19. How does the Council recognize pharmacy degrees and certificates?

Answer:
The Council has the authority to recognize degrees and certificates issued by institutions meeting its academic standards, including curriculum, admission criteria, and exam systems.

20. Can the Council withdraw recognition from a pharmacy college?

Answer:
Yes, if an institution fails to maintain standards, the Council may recommend the Government of Nepal to revoke its recognition.

21. Who appoints the Chairperson of the Council?

Answer:
The Government of Nepal appoints a qualified and experienced pharmacist (minimum 10 years) as Chairperson.

22. What is the term duration for Council members?

Answer:
Four years, with the possibility of re-nomination.

23. What are the disqualifications for Council membership?

Answer:
Non-citizenship, mental illness, insolvency, criminal convictions, or removal from the register are grounds for disqualification.

24. What causes automatic cessation of membership?

Answer:
Resignation, absence from three consecutive meetings, disqualification, death, or government removal.

25. How often does the Council meet?

Answer:
At least once every three months.

26. Who presides over Council meetings?

Answer:
The Chairperson, or in their absence, a member selected by the attending members.

27. What constitutes quorum in Council meetings?

Answer:
Presence of more than 50% of the total members.

28. How are decisions made in meetings?

Answer:
By majority vote; the Chairperson holds a casting vote in case of a tie.

29. What are the functions of the Chairperson?

Answer:
Setting meeting agendas, evaluating Council activities, providing leadership, and implementing strategic plans.

30. What is the role of the Registrar?

Answer:
The Registrar manages daily administration, maintains registers, controls Council finances, formulates plans and audits.

31. Who appoints the Registrar?

Answer:
The Government of Nepal appoints or designates a pharmacist to serve as Registrar.

32. What does the Council’s fund consist of?

Answer:
It includes government grants, registration fees, donations, aid, service charges, and other sources.

33. How are foreign donations handled?

Answer:
They require prior approval from the Government of Nepal.

34. Where are Council funds kept?

Answer:
In a commercial bank account.

35. Who audits the Council’s financial accounts?

Answer:
Audits are conducted as prescribed by rules and may be inspected by the Government.

36. What happens if the Council fails its duties?

Answer:
The Government may dissolve the Council and assume control until a new Council is formed.

37. Within how many months must a new Council be formed after dissolution?

Answer:
Within three months.

38. Can the Council form committees?

Answer:
Yes, thematic committees can be formed for specialized tasks.

39. How does the Council coordinate with the Government?

Answer:
Through the Ministry of Health.

40. Who approves Council-made rules?

Answer:
The Government of Nepal.

41. What are Council bye-laws?

Answer:
Internal rules created by the Council to manage day-to-day operations.

42. What legal offenses are mentioned in the Act?

Answer:
Practicing without registration, violating Council rules, or impersonation.

43. What is the punishment for violating general provisions?

Answer:
A fine not exceeding Rs. 2000.

44. Who handles legal proceedings under this Act?

Answer:
An authority designated by the Government of Nepal.

45. What happens to Council assets after dissolution?

Answer:
They are temporarily taken into government custody.

46. What is the definition of the pharmacy profession in the Act?

Answer:
It includes drug manufacturing, quality control, storage, supply, and hospital pharmacy.

47. What powers does the Council have over educational institutes?

Answer:
The Council can inspect, approve, and revoke recognition of academic programs.

48. What are thematic committees?

Answer:
Subject-specific committees formed by the Council for functions like registration, recognition, and disciplinary actions.

49. How are member facilities determined?

Answer:
Allowances and benefits are provided as per government-approved regulations.