Section 13 — REGISTRATION OF PHARMACISTS ACT 1951

(2)

No such body corporate shall be registered under this Act unless the Board is satisfied that such business will be under the control and management of a superintendent who is a registered pharmacist and who does not act at the time in a similar capacity for any other body corporate firm or partnership or in any other business on his own behalf.

(3)

Upon the registration of a body corporate under this section, a certificate of registration in the prescribed form and such number of copies thereof as may be required shall be issued to it by the Board.

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(4)

Subject to this section, a body corporate registered under this section carrying on a business, so far as it relates to the keeping, retailing, dispensing and compounding of poisons, dangerous drugs or therapeutic substances shall comply with the following conditions:

(a)

the business of the body corporate shall be under the control and management of a superintendent who is a registered pharmacist and who does not act at the time in a similar capacity for any other body corporate firm or partnership or in any other business on his own behalf;

(b)

in each set of premises where the business is carried on, it shall, if not personally conducted by the superintendent, be bona fide conducted under the direction of the superintendent by a manager or assistant who is a registered pharmacist;

(c)

where the business is personally conducted in any premises by the superintendent, his certificate of registration shall be conspicuously exhibited in those premises, and, where the business is conducted in any premises by a manager or assistant, his certificate of registration shall be conspicuously exhibited in those premises;

(d)

the certificate or a copy of the certificate of the registration of the body corporate under this section shall be conspicuously exhibited in each set of premises where the business is carried on.

(5)

A body corporate registered under this section may, if and so long as it complies with the requirements of subsection (4), use the name or title of chemist and druggist or dispensing chemist or dispensing druggist, and the premises at which the business is carried on may be described as a pharmacy.

(6)

No body corporate, unless it is registered under this section and complies with the requirements of subsection (4), shall use the name or title of chemist and druggist or dispensing chemist or dispensing druggist or describe the premises at which it carries on business as a pharmacy and no body corporate, whether registered or not, shall, subject to subsection (5), use any name title addition or description

18 Laws of Malaysia ACT 371

which it would have been forbidden by section 7 to use had it been a person within the meaning of such section.

(7)

If—

(a)

a body corporate carrying on a business which comprises the retail sale of poisons, dangerous drugs or therapeutic substances has been convicted of an offence under this Act or under any written law relating to poisons, dangerous drugs or therapeutic substances in force in; or

(b)

any director or officer of or other person in the employment of any such body—

(i)

has been convicted of an offence under this Act or the aforesaid written laws;

(ii)

has been convicted of any other criminal offence which in the opinion of the Board renders him, or would if he were a registered pharmacist render him, liable to any of the punishments under section 18A; or

(iii)

has been guilty of any misconduct which, in the opinion of the Board, renders him, or would if he were a registered pharmacist render him, liable to any of the punishments under section 18A, the Board may inquire into the case and may, unless the body corporate satisfies the Board that the act or omission in question was not connived at or instigated by their superintendent or by any of their directors or managers, and that the person guilty thereof is no longer in their employment, refuse to register such body corporate or, in the case of a body corporate already registered, if it deems fit, impose any of the punishments under section 18A.

(8)

The Board may remove the name of any body corporate from the register when—

(a)

the registration of such body has been obtained by any fraudulent or incorrect statement; or

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(b)

such body has ceased to carry on the business mentioned in subsection (1).

(9)

Any body corporate, acting in contravention of subsection (6)

or, if registered under this section, failing to comply with the conditions imposed by subsection (4) thereof, shall be guilty of an offence and liable on conviction before a Sessions Court to a penalty not exceeding two thousand ringgit and to a further penalty not exceeding fifty ringgit for every day during which such offence continues and every person who was a director or officer of such body corporate or was purporting to act in any such capacity at the date of the commission of the offence shall be deemed guilty of that offence unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence and shall be liable on conviction before a

Sessions Court to a penalty not exceeding two hundred ringgit and a further penalty not exceeding twenty-five ringgit for every day during which such offence by him continued.

(10)

If the Board thinks fit in any case so to do, it may, either of its own motion or on the application of the body corporate concerned, direct the restoration to the register of the name of any body corporate.

Continuation of business of deceased registered pharmacist or dispenser by his representative