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Pharmacy Act, 1974 (Act No. 53 of 1974)

Chapter I : Establishment of The South African Pharmacy Council, its objects, General Powers And Functions

4. General powers of council

 

The functions of the council shall be to endeavour to achieve the objects for which it was established, and for the purpose of achieving those objects the council shall, subject to the provisions of this Act, have power in addition to any other powers vested in it by this Act—

(a) to cause copies of the registers or of supplementary lists showing amendments of the registers, to be printed and published;
(b) to issue extracts from the registers and to charge such fees in respect thereof as may be prescribe;
(c) to require any registered person to pay to the council the prescribed annual fee;
(d) in such circumstances as may be prescribed, or where otherwise authorized by this Act, to remove any name from the registers or, upon payment of the prescribed fee, to restore it thereto;
(e) to appoint examiners and moderators, conduct examinations and grant certificates, and to charge such fees in respect of such examinations or certificates as may be prescribed;
(f) to approve, on such conditions as it may deem fit, the training of pharmacists;
(g) [Section 4(g) deleted by section 5(b) of Act 88 of 1997]
(h) [Section 4(h) deleted by section 5(b) of Act 88 of 1997]
(i) subject to the provisions of this Act, to register a person as a pharmacist, to inspect the records and accounts of or investigate the activities at a pharmacy carried on by a person so registered, or to require any person so registered to submit to the council such information as the council may deem necessary;
(j) in such circumstances as may be prescribed, to suspend or cancel any registration entitling a person to carry on the profession of a pharmacist;
(k) to consider any matter affecting the pharmacy profession, and to make representations or take such action in connection therewith as the council deems advisable;
(l) on the application of any person, to recognize any qualifications held by him (whether such qualifications have been obtained in the Republic or elsewhere) as being equal, either wholly or in part, to any prescribed qualifications, whereupon such person shall, to the extent to which the qualifications have so been recognized, be deemed to hold such prescribed qualifications;
(m) to perform such other functions as may be prescribed;
(n) to designate the office-bearers of the council and to determine the procedure for the election of office-bearers;
(o) to appoint any committee it may deem necessary and to delegate any of its powers to any such committee and to prescribe the conditions of such delegation, including the power to sub-delegate any delegated power to any member of its staff or officer duly appointed in terms of this Act;
(p) to co-opt a representative of a professional board established in terms of this Act on to the council: Provided that such a representative shall not have the right to vote;
(q) to co-opt any person on to any of its committees that it may deem necessary;
(r) to determine the number of meetings to be held by the council and its committees, the procedure applicable to such meetings, the manner in which special meetings shall be convened and the procedures applicable to such special meetings;
(s) to determine the quorum requirements for a meeting of the council and any of its committees;
(t) to determine the manner in which decisions shall be taken at a meeting of the council or any of its committees;
(u) to appoint or dismiss a registrar or such other staff members as it may deem necessary and to determine their conditions of service: Provided that the appointment or dismissal of the registrar shall be subject to the approval of the Minister;
(v) to appoint any officer or inspector to perform any duty or act on behalf of the council in terms of this Act and to prescribe and determine their powers and duties;
(w) to delegate any of its powers to any officer or inspector and in general to regulate the duties of any officer or inspector;
(x) to delegate to any organisation such powers as it may deem necessary from time to time;
(y) to determine the manner in which the business of the council shall be conducted and the manner in which the accounts of the council shall be kept;
(z) to purchase or in any other manner acquire property, which shall include but not be limited to the acceptance of donations, or to sell, let, mortgage or in any other manner dispose of any property of the council;
(zA) to administer the assets of the council or any assets to be held in trust for the benefit of the council;
(zB) to settle the liabilities of the council;
(zC) to establish and administer a pension or a provident fund for the employees of the council;
(zD) to institute, defend and proceed with any legal action in its own name;
(zE) to borrow money on such terms and conditions as the council may determine and to encumber any of the assets of the council as security therefor;
(zF) to pay to any members of the council, office-bearers, committee members, officers appointed in terms of this Act, or any other person or any witness subpoenaed, including persons employed by the State, such allowances as it may determine from time to time;
(zG) to determine the fees payable to the council for services performed by the council in terms of this Act or for any other reason the council may decide on;
(zH) to require any person or institution registered in terms of this Act, or involved in pharmacy practice or offering pharmaceutical education or training, to furnish the council with the information the council requires;
(zI) to establish professional boards for pharmacy support personnel registered in terms of this Act, when the council, in consultation with the Minister, deems it necessary; and
(zJ) to prescribe the scope of practice of the various categories of persons registered in terms of this Act, and

generally, to do all such things as the council deems necessary or expedient to achieve the objects of this Act;