THE PHARMACY COUNCIL OF INDIACentral

Section 4 of The Pharmacy Act, 1948

The Council constituted under section 3 shall be a body corporate by the name of the Pharmacy Council of India, having perpetual succession and a common seal, with power to acquire and hold property both movable and immovable, and shall by the said name sue and be sued.

Summary

Section 4 of The Pharmacy Act, 1948 officially turns the Central Council, which is formed under Section 3, into a legal corporate body named the Pharmacy Council of India.
It grants this Council perpetual succession, meaning the organization continues to exist permanently even as its individual members resign or change over time.
The Council is given its own common seal to use for official documents and authorizations.
The law gives the Council the power to acquire, own, and hold both movable property, like equipment, and immovable property, like land or buildings.
By acting under its official name, the Pharmacy Council of India has the legal right to file lawsuits against others and can also be sued by others in court.

Practical examples

1In October 2028, the Pharmacy Council of India decides it needs a new headquarters. Because of Section 4, the Council can legally purchase an office building in New Delhi in its own name, rather than needing a government official to buy and hold the property for them.

2A private contractor, Suresh, finishes a renovation project for the Council in March 2029 but does not get paid. Under this provision, Suresh can file a lawsuit directly against the Pharmacy Council of India to recover his money, rather than having to sue individual council members.

FAQ

1. What is the official legal name given to the Central Council under Section 4 of The Pharmacy Act, 1948?

Under Section 4 of The Pharmacy Act, 1948, the legal corporate name for the Central Council is the Pharmacy Council of India.

2. Does the Pharmacy Council of India stop existing if all its members resign, according to Section 4 of The Pharmacy Act, 1948?

No, it does not stop existing. Section 4 of the 1948 Pharmacy law states that the Pharmacy Council of India has perpetual succession, meaning it continues to exist legally regardless of who the current members are.

3. Can the Pharmacy Council of India own land under Section 4 of the 1948 Pharmacy law?

Yes, Section 4 of The Pharmacy Act, 1948 gives the Pharmacy Council of India the power to acquire and hold immovable property, which legally includes things like land and buildings.

Test yourself

Q1.Under Section 4 of The Pharmacy Act, 1948, the body that becomes a corporate entity named the Pharmacy Council of India is the Central Council. According to the cross-referenced Section 3 of the same Act, who is responsible for originally constituting this Central Council before it gets these corporate powers?

Q2.What happens to the legal status of the Pharmacy Council of India under Section 4 of The Pharmacy Act, 1948 if a large number of its members step down at the end of their term?

Q3.Which of the following legal actions is the Pharmacy Council of India explicitly permitted to take under Section 4 of The Pharmacy Act, 1948?

Q4.Under Section 4 of The Pharmacy Act, 1948, what type of property is the Pharmacy Council of India allowed to acquire and hold?

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