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: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.
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