N.V.RAMANA,J. - (1.) This case revolves round the complexities faced by the State of Jharkhand [hereinafter 'Jharkhand' for brevity] and applicability of laws, framed by the erstwhile State of Bihar [hereinafter 'Bihar' for brevity], to the newly bifurcated State by means of Bihar Reorganization Act, of 2000 (Act No. xxx of 2000) [hereinafter 'BROA' for brevity]. In this Civil Appeal we are called upon to determine the scope of Sections 30, 31 and 32 of Pharmacy Act, 1948 [hereinafter 'Act' for brevity] and it's applicability to the new State after 15.11.2000. The examination of the questions which fall for our consideration, as indicated hereafter, would also involve consideration of various provisions of BROA, which we propose to do after noticing the brief factual background.
(2.) The Act came into force in India including the undivided Bihar in 1948. In the State of Bihar, State Pharmacy Council, under the Chapter III was established on 07.02.1955 and consequently First Register of pharmacists, under Section 30 of the Act, was duly prepared. In the meanwhile, the Education Regulations framed by Pharmacy Council of India under Section 10 of the Act came into force with effect from 07.02.1958. It may be mentioned that after Education Regulations came into force, only such persons with qualifications as per those regulations can be entered in the Register of Pharmacists.
(3.) After the bifurcation, Jharkhand constituted Registration Tribunal under Section 30 of the Act on 12.11.2001. The said Tribunal published the following notification on 14.01.2002 inviting applications for registration of pharmacists in the State of Jharkhand. HINDUSTAN Published from Ranchi, Patna, Delhi and Lucknow RANCHI, MONDAY 14 TH JANUARY 2002 GOVERNMENT OF JHARKHAND HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE DEPARTMENT (MEDICAL EDUCATION AND RESEARCH) PRESS NOTIFICATION As per notification No. 40(i) of the Health, Medical Education and Family Welfare Department dated 10.01.2002 all persons having qualification under Section 31 of the Pharmacy Act 1948 may apply for registration and the last date for making such applications fixed as 25.02.2002. The prescribed fee for registration are described as under: 1. Registration fee Application form fee Inscentive fee Registration fee :Rs. 25/- :Rs. 25/- :Rs. 200/- 2. Renewal fee Incentive fee Renewal fee :Rs. 25/- :Rs.100/- 3. No objection certificate fee 4. Duplicate Certificate fee 5. Late fee : Rs.100/- : Rs. 275/- : Rs. 25 per year The application forms can be obtained on any working day from the office of Pharmacy Institute, Ranchi, Registrar, Pharmacy Registration Tribunal, Bariyat, Ranchi on prescribed fee and the completed form along with the bank draft can be deposited at the same place. Sd/- (Prakash Kumar) Dy. Secretary to Govt. P.R. 2278 (Health 100) 2001-2002 (emphasis supplied);