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 [* * *]:
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:[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 ] [ Added by Act 70 of 1976, Section 19 (w.e.f. 1.9.1976).][eight years] [ Substituted by Act 22 of 1982, Section 21, for " five years" (w.r.e.f. 1.9.1981).][from the commencement of the Pharmacy (Amendment) Act, 1976.] [ Added by Act 70 of 1976, Section 19 (w.e.f. 1.9.1976).](2)Whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months, or with fine not exceeding one thousand rupees or with both.(3)Cognizance of an offence punishable under this section shall not be taken except upon complaint made by [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] [ Substituted by Act 24 of 1959, Section 16, for " an order of the State Government" (w.e.f. 1.5.1960).].
