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Union of India - Section

Section 44 in The Drugs and Cosmetics Rules, 1945

44. [ Qualifications of Government Analyst. [Substituted by G.S.R. 1427, dated 10.10.1977 (w.e.f. 22.10.1977).]

- A person appointed as a Government Analyst under the Act shall be a person who-
(a)is a graduate in medicine or science or pharmacy or pharmaceutical chemistry of a[University established in India by the law or has an equivalent qualification recognized and notified by the Central Government for such purpose] [Substituted by G.S.R. 71(E), dated 30.1.1987 (w.e.f. 30.1.1987).][and has had not less than five years' post-graduate experience in the testing of drugs in a laboratory under the control of (i) a Government Analyst appointed under the Act, or (ii) the head of an institution or testing laboratory approved for the purpose by the appointing authority [or has completed two years' training on testing of drugs, including items stated in Schedule C, in Central Drugs Laboratory] [Substituted by G.S.R. 1427, dated 10.10.1977 (w.e.f. 22.10.1977).],[or [Substituted by G.S.R. 1427, dated 10.10.1977 (w.e.f. 22.10.1977).]
(b)possesses a post-graduate degree in medicine or science or pharmacy or pharmaceutical chemistry of a [University established in India by the law or has an equivalent qualification recognized and notified by the Central Government for such purpose] [Substituted by G.S.R. 71(E), dated 30.1.1987 (w.e.f. 30.1.1987).][or possesses the Associateship Diploma of the Institution of Chemists (India) obtained by passing the said examination with "Analysis of Drugs and Pharmaceuticals" as one of the subjects and has had after obtaining the said post-graduate degree or diploma not less than three years' experience in the testing of drugs in a laboratory under the control of (i) a Government Analyst appointed under the Act, or (ii) the head of an institution or testing laboratory approved for the purpose by the appointing authority [Substituted by G.S.R. 1427, dated 10.10.1977 (w.e.f. 22.10.1977).] [or has completed two years' training on testing of drugs, including items stated in Schedule C, in Central Drugs Laboratory] [Inserted by G.S.R. 697(E), dated 26.10.1995 (w.e.f. 26.10.1995).]:
[Provided that-
(i)[ for purpose of examination of items in Schedule C,- [Substituted by G.S.R. 697(E), dated 26.10.1995 (w.e.f. 26.10.1995).]
(ia)the persons appointed under clause (a) or (b) and having degree in Medicine, Physiology, Pharmacology, Microbiology, Pharmacy should have experience or training in testing of said items in an institution or laboratory approved by the appointing authority for a period of not less than six months;
(ib)the person appointed under clause (a) or (b) but not having degree in the above subjects should have experience or training in testing of the said Schedule C drugs for a period of not less than three years in an institution or laboratory approved by the appointing authority or have completed two years training on testing of drugs including items stated in Schedule C in Central Drugs Laboratory;]
(ii)[ for a period of four years from the date on which Chapter IV of the Act takes effect in the States, persons, whose training and experience are regarded by the appointing authority as affording, subject to such further training, if any, as may be considered necessary, a reasonable guarantee of adequate knowledge and competence, may be appointed as Government Analysts. The persons so appointed may, if the appointing authority so desires, continue in service after the expiry of the said period of four years; [Substituted by G.S.R. 1427, dated 10.10.1977 (w.e.f. 22.10.1977).]
(iii)no person who is engaged directly or indirectly in any trade or business connected with the manufacture of drugs shall be appointed as a Government Analyst for any area:
Provided further that for the purpose of examination of Antisera, Toxoid and Vaccines and Diagnostic Antigens for veterinary use, the person appointed shall be a person who is a graduate in veterinary science, or general science, or medicine or pharmacy and has had not less than five years' experience in the standardization of biological products or a person holding a post-graduate degree in veterinary science, or general science, or medicine or pharmacy or pharmaceutical chemistry with an experience of not less than three years in the standardization of biological products:Provided also that persons, already appointed as Government Analysts may continue to remain in service, if the appointing authority so desires, notwithstanding the fact that they do not fulfilll the qualifications as laid down in clause (a), clause (b) or the preceding proviso.]