Section 25 of The Pharmacy Act, 1948
Term of office and casual vacancies.
- (1)Subject to the provisions of this section, a nominated or elected member, other than a nominated President, shall hold office for a term of five years from the date of his nomination or election or until his successor has been duly nominated or elected, whichever is longer.
- (2)A nominated or elected member may at any time resign his membership by writing under his hand addressed to the President, and the seat of such member shall thereupon become vacant.
- (3)A nominated or elected member shall be deemed to have vacated his seat if he is absent without excuse sufficient in the opinion of the State Council from three consecutive meetings of the State Council, or if he is elected under clause (a) or (c) of section 19 or 21, if he ceases to be a registered pharmacist or ceases to be a member of the Medical Council or Council of Medical Registration of the State, as the case may be.
- (4)A casual vacancy in the State Council shall be filled by fresh nomination or election, as the case may be, and the person nominated or elected to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated or elected.
- (5)No act done by the State Council shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the State Council.
- (6)Members of the State Council shall be eligible for re-nomination or re-election.
Summary
- This section outlines the five-year term limit and the rules for early vacancies on the State Council.
- Members can quit early by writing a resignation letter and giving it to the President.
- A member loses their seat if they miss three meetings in a row without a good excuse, or if they lose the professional qualifications that got them elected.
- When someone fills a casual vacancy, which is an early empty seat, they only serve for the leftover time of the person they replaced.
- Any actions taken by the council are still legally valid even if there is an empty seat or a mistake in how the council was put together.
- Members are allowed to run for office again once their term finishes.
Practical examples
FAQ
1. How long is a regular term under Section 25 of The Pharmacy Act, 1948?
Section 25 of the Act sets the standard term at five years for nominated or elected members.
2. How does a member resign under Section 25 of the pharmacy legislation?
Under Section 25 of the 1948 Pharmacy Act, a member must write a resignation letter and send it to the President of the council.
3. Under Section 25 of The Pharmacy Act, 1948, what happens if I miss meetings?
If you miss three consecutive meetings without an excuse that the council finds sufficient, Section 25 of the law says you will lose your seat.
4. If someone replaces a member who left early under Section 25 of the 1948 Pharmacy Act, how long do they serve?
Under Section 25 of the Act, they serve only for the remainder of the original member's term.
Test yourself
1.Under Section 25 of The Pharmacy Act, 1948, how many consecutive meetings must a member miss without an excuse to vacate their seat?
2.According to Section 25 of the 1948 Pharmacy Act, to whom must a member address their written resignation?
3.What happens to a council's decisions if there is an empty seat, according to Section 25 of The Pharmacy Act, 1948?
4.Under Section 25 of The Pharmacy Act, 1948, how long does a person filling a casual vacancy serve?