The full dataset viewer is not available (click to read why). Only showing a preview of the rows.
The dataset generation failed
Error code: DatasetGenerationError
Exception: ArrowInvalid
Message: JSON parse error: Missing a closing quotation mark in string. in row 66
Traceback: Traceback (most recent call last):
File "/src/services/worker/.venv/lib/python3.9/site-packages/datasets/packaged_modules/json/json.py", line 153, in _generate_tables
df = pd.read_json(f, dtype_backend="pyarrow")
File "/src/services/worker/.venv/lib/python3.9/site-packages/pandas/io/json/_json.py", line 815, in read_json
return json_reader.read()
File "/src/services/worker/.venv/lib/python3.9/site-packages/pandas/io/json/_json.py", line 1025, in read
obj = self._get_object_parser(self.data)
File "/src/services/worker/.venv/lib/python3.9/site-packages/pandas/io/json/_json.py", line 1051, in _get_object_parser
obj = FrameParser(json, **kwargs).parse()
File "/src/services/worker/.venv/lib/python3.9/site-packages/pandas/io/json/_json.py", line 1187, in parse
self._parse()
File "/src/services/worker/.venv/lib/python3.9/site-packages/pandas/io/json/_json.py", line 1403, in _parse
ujson_loads(json, precise_float=self.precise_float), dtype=None
ValueError: Trailing data
During handling of the above exception, another exception occurred:
Traceback (most recent call last):
File "/src/services/worker/.venv/lib/python3.9/site-packages/datasets/builder.py", line 1997, in _prepare_split_single
for _, table in generator:
File "/src/services/worker/.venv/lib/python3.9/site-packages/datasets/packaged_modules/json/json.py", line 156, in _generate_tables
raise e
File "/src/services/worker/.venv/lib/python3.9/site-packages/datasets/packaged_modules/json/json.py", line 130, in _generate_tables
pa_table = paj.read_json(
File "pyarrow/_json.pyx", line 308, in pyarrow._json.read_json
File "pyarrow/error.pxi", line 154, in pyarrow.lib.pyarrow_internal_check_status
File "pyarrow/error.pxi", line 91, in pyarrow.lib.check_status
pyarrow.lib.ArrowInvalid: JSON parse error: Missing a closing quotation mark in string. in row 66
The above exception was the direct cause of the following exception:
Traceback (most recent call last):
File "/src/services/worker/src/worker/job_runners/config/parquet_and_info.py", line 1529, in compute_config_parquet_and_info_response
parquet_operations = convert_to_parquet(builder)
File "/src/services/worker/src/worker/job_runners/config/parquet_and_info.py", line 1154, in convert_to_parquet
builder.download_and_prepare(
File "/src/services/worker/.venv/lib/python3.9/site-packages/datasets/builder.py", line 1029, in download_and_prepare
self._download_and_prepare(
File "/src/services/worker/.venv/lib/python3.9/site-packages/datasets/builder.py", line 1124, in _download_and_prepare
self._prepare_split(split_generator, **prepare_split_kwargs)
File "/src/services/worker/.venv/lib/python3.9/site-packages/datasets/builder.py", line 1884, in _prepare_split
for job_id, done, content in self._prepare_split_single(
File "/src/services/worker/.venv/lib/python3.9/site-packages/datasets/builder.py", line 2040, in _prepare_split_single
raise DatasetGenerationError("An error occurred while generating the dataset") from e
datasets.exceptions.DatasetGenerationError: An error occurred while generating the datasetNeed help to make the dataset viewer work? Make sure to review how to configure the dataset viewer, and open a discussion for direct support.
pred_label
string | pred_label_prob
float64 | wiki_prob
float64 | text
string | source
string |
|---|---|---|---|---|
__label__wiki
| 0.719421
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|
Jets arriving from the north tend to follow one of two paths.
Aircraft will generally approach from the north east, crossing the coast at Richter’s Creek, largely avoiding residential areas.
Aircraft using the Instrument Landing System on Runway 15 will approach over land directly from the north, flying over some suburbs. This approach will be used most frequently in poor weather, but international carriers will often use this approach regardless of the weather conditions. This type of approach requires aircraft to be at around 3000 feet when they begin their approach. Aircraft will descend steadily to the runway using the horizontal and vertical guidance provided by the system.
The approach from the south is straight in from the south-east, and passes over the central business district.
There is no minimum altitude for aircraft in process of landing. Aircraft will generally descend on a glide slope of three degrees.
Departure flight paths allow aircraft to maintain the runway heading for a short time until they are stabilised in flight, and then to turn towards the route that will take them to their destination.
Jet departures to the south turn soon after take-off to the east, crossing over the ocean. Some residential areas are over flown but these are limited to suburbs within four kilometres of the airport, and the central business district is not overflown.
Departures to the north turn to the north-east to cross the coast at Richter’s Creek. This flight path flies over a small number of suburbs.
The altitude of aircraft after departure will depend on factors such as the type of aircraft and its weight, how heavily laden it is with fuel and passengers, and the atmospheric conditions at the time. All these factors affect an aircraft’s climb rate. There is no regulated minimum altitude for an aircraft in the process of taking off.
Smart Tracking
A growing number of modern aircraft are now fitted with navigation systems that use satellite-assisted guidance which allow aircraft to fly with a higher degree of accuracy and more closely follow the same route as other aircraft. Airservices refers to these routes as ‘Smart Tracking’. Smart Tracking technology makes air travel safer, cleaner and more dependable. It also has the potential to improve noise outcomes for communities living close to airports.
In May 2013, Airservices implemented ten permanent Smart Tracking flight paths at Cairns. All but one of these tracks is within previously existing flight paths, and none fly directly over the city. The main benefit of Smart Tracking at Cairns is that more departing and arriving jets will be able to use the Richter’s Creek corridor north of the airport, which means that they avoid residential areas.
Flight path information
See below for images of typical flight paths and how frequently they were used in the quarter indicated. Please note that aircraft do fly outside the shown swathes. For example, the swathes do not extend to all the areas that are overflown by arriving aircraft prior to aligning with the runway, or show the full length of departure flight paths. Further, aircraft may be directed off the usual flight paths for reasons including the need to avoid bad weather or for traffic management, that is, to ensure safe separation between aircraft. See WebTrak for further information about where aircraft fly. More information is available on the Monitoring Aircraft Noise page.
You can access historical information about flight path use through WebTrak. To access this information click the “Historical” link below the text in the Quick Start Guide at the top left-hand side of the screen. Then use the tick boxes at the bottom-right of the screen to select monthly, quarterly or yearly information. Use the sliders to refine your selection to specific timeframes.
Flight path use
The image below shows typical flight path ‘swathes’ for aircraft arriving (red) and departing (green) Cairns Airport.
How To: Arrivals (shown in red), Departures (shown in green) or Both can be selected using the links immediately below. The figure in the circle is the percentage of aircraft using each flight path during the quarter for the type of operation selected. As you click the (i) icon on the swathe tag, or the applicable radio button below the map, the charts below will change to display information for that flight path. Hover the mouse over a swathe to highlight it.
Arrivals | Departures | Both
Arrival Paths
Departure Paths
Hourly movements (average)
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First look at Kristen Stewart and Nicholas Hoult in “Equals”
Published on Sep 8, 2015 6:00 PM
Kristen Stewart and Nicholas Hoult star in “Equals”, a dystopian sci-fi film that bucks stereotypes with its mellow mumblecore pacing.
You’d think that sci-fi films are all about fancy intergalatic sequences and explosive scenes, but Kristen Stewart and Nicholas Hoult bucks the trend in Equals. Judging by a short clip that was released earlier this week, Equals looks all set to be a shining example of “mumblecore”, a genre of film characterised by its naturalistic conversations and unpretentious feel.
Unlike most big-budget films, the short clip shows that Equals is brooding and mellow in its pacing. No words were exchanged in the 39 second clip, but the pensive and meaningful glances were more than enough. In Equals, Kristen Stewart and Nicholas Hoult star as star-crossed lovers in a utopian/dystopian futuristic world where emotions are eliminated. Can it really be a utopia when human emotions and personal desires are eliminated? This is something we hope the film addresses.
Star-crossed lovers
Everything goes along swimmingly until a virus called “Switched-On-Syndrome” comes along and causes the infected to have their emotions “switched on”, and the afflicted are ostracised by society. Naturally, Hoult and Stewart’s characters are infected and they slowly begin to fall in love, subsequently being forced to escape. It’s still a better love story than Twilight, ahem.
In an interview with The Playlist, director Drake Doremus, who is known for his mumblecore films, shed some light on his newest masterpiece. “With this film I am, in many ways, trying to know the unknowable: can the human soul be modified? Does it change over time? Or, conversely, is it steadfast because it understands its innate desire to connect—to love and, in turn, be loved?”
He added, “I longed to create a tone and a texture that simply washes over you so you can purely experience the film through a mixture of the senses; not to make the audience think as much as to make them feel. I am consistently preoccupied with the idea that we are here to try and understand this simple, yet extremely complex, experience as human beings. As people who are born with the capacity to love.”
Hot actors and soul-searching sequences aside, did you know that part of Equals was filmed in Singapore in 2014? Geek Crusade documented the shoot back in September 2014, after a commenter on their blog tipped them off about a “late night shoot at an MRT station literally minutes from our home”. The station in question was One North station; other local filming locations included Henderson Bridge and Reflections at Keppel Bay.
We’re not going to lie; it’s quite exciting to see sunny Singapore appear in a Hollywood film! It will most probably show up for all of 15 seconds, but just let us have our moment!
Equals has made its world premiere at Venice Film Festival earlier this month, and it will go on to show at the Toronto International Film Festival from 13 September for the public.
Photo credits: TIFF and Drake Doremus
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| 0.807252
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discogs songs for the deaf
Songs for the Deaf is the third studio album by American rock band Queens of the Stone Age, released on August 27, 2002 by Interscope Records.It features Dave Grohl of Nirvana and Foo Fighters on drums, alongside other guest musicians, and was the last Queens album to feature Nick Oliveri on bass. We do not currently have any cover art for Songs for the Deaf (limited edition). On their third album, Songs for the Deaf, Queens of the Stone Age are so concerned with pleasing themselves with what they play that they don't give a damn for the audience. Songs for the Deaf is the third studio album by American rock band Queens of the Stone Age. As others have said, PLAY IT LOUD! Anyone knows if there is a version with red vinyls and the double spear on the centre of the vinyl? I love the packaging and the sequencing of the the double12 of this but it does not sound as precise as the original CD pressing of this I grew up on. Format: CD, Year: 2002, Label: Interscope Records (UICF-1010), Barcode: 4988005308146, Length: 1:10:09 View credits, reviews, tracks and shop for the 2002 CD release of Songs For The Deaf on Discogs. Nick Oliveri. Anyone knows if there is a version with red vinyls and the double spear on the centre of the vinyl? Alfredo Hernández. Auf Discogs können Sie sich ansehen, wer an 2002 CD von Songs For The Deaf mitgewirkt hat, Rezensionen und Titellisten lesen und auf dem Marktplatz nach der Veröffentlichung suchen. Report abuse. 16 tracks (65:32). Comme sur leur précédent album, Mark Lanegan contribue au chant, tout comme le bassiste Nick Oliveri. Frequent touring for Rated R generated support for the band which grew when Foo Fighters frontman and former Nirvana drummer Dave Grohl joined in late 2001/early 2002 to record their third album. We have combed Discogs user Collections and Wantlists to find the 25 most desirable records of 2020. However, I was disappointed that it didn't include a download code. Complétez votre … Verified Purchase. Discover releases, reviews, credits, songs, and more about Queens Of The Stone Age - Songs For The Deaf at Discogs. Gene Trautmann. Josh Homme. Read more. Format: SHM-CD, Year: 2009, Label: Universal International (UICY-91287), Barcode: 4988005538253, Length: 1:08:36 Alfredo Hernández. Sound is INCREDIBLE and the packaging is so well done! Songs For The Deaf Queens Of The Stone Age - Video Results. It’s quite loud compared to other records in my collection but I’m never turning it down! The artwork in the sidebar is being provided by a URL relationship. Sound is INCREDIBLE and the packaging is so well done! This pressing *sounds* great, although it arrived new with a fairly alarming visual warp on the first record. This pressing *sounds* great, although it arrived new with a fairly alarming visual warp on the first record. Flawless. Alain Johannes: Rated R (UK special edition) 2000 Notes. I’m not going to try to depict myself as some sort of content mastermind. Do yourself a favor and buy this pressing, you'll be blown away by the sound quality even if you're not a huge QOTSA fan. This extends to the production, with the entire album framed as a broadcast from a left-of-the-dial AM radio station, the sonics compressed so every instrument is flattened. VMP really outdid themselves with this one. Explore releases from Queens Of The Stone Age at Discogs. Great pressing, like the other reviews said. Reviewed in the United States on February 24, 2013 . Consultez des crédits, des avis, des pistes et achetez la référence 2003 Yellow Vinyl de Songs For The Deaf sur Discogs. Chris bct. Découvrez des références, des avis, des crédits, des chansons, et bien plus encore à propos de Queens Of The Stone Age - Songs For The Deaf sur Discogs. Homme played guitar and bass on the album (the latter credited to Homme's alter-ego Carlo Von Sexron), Alfredo Hernández on the drums, and several other contributions by Chris Goss and Hutch. Queens of the Stone Age - Song for the Deaf (Early Version) youtube.com; 4:19. Listen free to Queens of the Stone Age – Songs for the Deaf (You Think I Ain't Worth a Dollar, but I Feel Like a Millionaire, No One Knows and more). Complete your Queens Of The Stone Age collection. Queens of the Stone Age: 1998 "You're So Vague" Josh Homme. Songs for the Deaf (limited edition) ~ Release by Queens of the Stone Age (see all versions of this release, 18 available) Overview; Disc IDs (0) Cover Art (0) Aliases; Tags; Details; Edit; Edit Relationships; Cover Art. Songs for the Deaf: 2×12" Vinyl: 9 + 6: US 2014; Ipecac Recordings: IPC-41: 689230004318: Songs for the Deaf: 2×12" Vinyl: 9 + 5: XE 2019-11-22; Interscope Records: 00602508108587: 602508108587 : Promotion; Songs for the Deaf: CD-R: 15: US 2002; Interscope Records [none] Bootleg; Songs for the Deaf Demos (unknown) 10: Relationships. Songs for the Deaf ~ Release by Queens of the Stone Age (see all versions of this release, 18 available) Tracks OK on both my vintage TTs, but I can see it having an issue on one of those newer cheapo Bluetooth ones. Songs for the Deaf er det tredje studiealbum fra det amerikanske hard rock-band Queens of the Stone Age. VMP really outdid themselves with this one. Great pressing, like the other reviews said. It is absolutely dead silent during the radio parts and before the hidden track. One accurate version. sounds really good,im surprised, nine out of ten audiopoints.Music 10/10. This record sounds absolutely fantastic. Both are literally a bit rough around the edges, with a small notch on record one and slightly uneven edge on record two. 4:50. Purchased this at a record store in London in 2014 Great souvenir to take back to US. Format: CD, Year: 2002, Label: Interscope Records (069493425‐2), Barcode: 606949342524, Length: 1:01:00 The dvd is worth it. Review Armed with Dave Grohl's superhuman drumming and the amplifier-destroying chops of Dean Ween, the Queens return with a third album that pushes the stoner rock envelope the same way that Nirvana's Nevermind ripped grunge wide open. Songs for the Deaf is arguably one of the best albums of all time, period. However, I was disappointed that it didn't include a download code. On their third album, Songs for the Deaf, Queens of the Stone Age are so concerned with pleasing themselves with what they play that they don't give a damn for the audience. I love this record and I'm glad to have a press of this but is it just me or is this version extremely upper mid-range heavy? Songs for the Deaf est le troisième album du groupe de stoner/rock alternatif Queens of the Stone Age paru en 2002. I found one with the same barcode, but has the variations I mentioned above. 5.0 out of 5 stars The album, as you may agree, is one of the greatest ever and their best. Consulta los créditos, las críticas y las canciones, y compra la edición de 2002 CD de Songs For The Deaf en Discogs. Format: CD + DVD, Year: 2002, Label: Interscope Records (493 444-0), Barcode: 606949344405, Length: 1:23:58 Helpful. Do yourself a favor and buy this pressing, you'll be blown away by the sound quality even if you're not a huge QOTSA fan. Queens of the Stone Age - A Song For The Deaf. Joe Barresi. Queens of the Stone Age released their self-titled debut in 1998 on Stone Gossard's and Regan Hagar's label Loosegroove Records, and on vinyl by Man's Ruin Records. As others have said, PLAY IT LOUD! Once again, no harm to the music, but more of a quality control issue. Songs for the Deaf (Australian tour edition) ~ Release by Queens of the Stone Age (see all versions of this release, 18 available) References. Label: Interscope Records - 493 435-2 • Format: CD Album, Limited Edition, Special Edition • Country: UK & Europe • Genre: Rock • Style: Hard Rock Purchased this at a record store in London in 2014 Great souvenir to take back to US. You can help our automatic cover photo selection by reporting an unsuitable photo. sounds really good,im surprised, nine out of ten audiopoints.Music 10/10. You Think I Ain't Worth A Dollar, But I Feel Like A Millionaire, 060249800320(6), 060249800320 (0), 493 436-2, 493, (LP, Gre + LP, Red + Album, Promo, Unofficial), (LP, Pin + LP, Red + Album, Promo, Unofficial), Guide d'utilisation de la Base de Données, Songs For The Deaf, 2xLP, Album, Unofficial, none, Songs For The Deaf, 2xLP, Album, Club, Dlx, RE, Red, B0031009-01, Songs For The Deaf, 2xLP, Album, RE, B0030916-01, Songs For The Deaf, 2xLP, Album, 493 435-1, Songs For The Deaf, 2xLP, Album, RE, 00602508108587, Musikexpress: Die Platten Des Monats (The Records Of The Month) 2000-2009, Top 200 der ewigen Lesercharts - Vision 2005/09. Queens Of The Stone Age - No One Knows (Official Music Video) youtube.com; 5:57. Consultez des crédits, des avis, des pistes et achetez la référence 2003 CD de Songs For The Deaf sur Discogs. For faster navigation, this Iframe is preloading the Wikiwand page for Songs for the Deaf. View credits, reviews, tracks and shop for the 2002 CD release of Songs For The Deaf on Discogs. You Think I Ain't Worth A Dollar, But I Feel Like A Millionaire, 060249800320(6), 060249800320 (0), 493 436-2, 493, (LP, Gre + LP, Red + Album, Promo, Unofficial), (LP, Pin + LP, Red + Album, Promo, Unofficial), Songs For The Deaf, 2xLP, Album, Unofficial, none, Songs For The Deaf, 2xLP, Album, Club, Dlx, RE, Red, B0031009-01, Songs For The Deaf, 2xLP, Album, RE, B0030916-01, Songs For The Deaf, 2xLP, Album, 493 435-1, Songs For The Deaf, 2xLP, Album, RE, 00602508108587, Musikexpress: Die Platten Des Monats (The Records Of The Month) 2000-2009, Top 200 der ewigen Lesercharts - Vision 2005/09. Here we are with the final installment of Discogs’ year-long look at the albums that you, the community, have told us are the most desirable from the first year of each decade.. While the content of the biggest database of recorded music on Earth might be a little bit intimidating, there are ways around it that make it really fun to explore. I love the packaging and the sequencing of the the double12 of this but it does not sound as precise as the original CD pressing of this I grew up on. Queens Of The Stone Age Songs For The Deaf Rock LP from 2002 - Unofficial Release On Coloured Vinyl. L'enregistrement sera singulièrement marqué par la participation de Dave Grohl (ex-batteur de Nirvana et leader des Foo Fighters) à la batterie. It’s quite loud compared to other records in my collection but I’m never turning it down! It was the first single and second track from their third album, Songs for the Deaf, and was released on November 26, 2002. " Sound quality on this is great- lives up to "songs for the deaf" Really quiet- had the system cranked and it sounded great. Both are literally a bit rough around the edges, with a small notch on record one and slightly uneven edge on record two. Perhaps the point is for this version to sound like a Stooges Live pressing. Nick Oliveri. Perhaps the point is for this version to sound like a Stooges Live pressing. Songs for the Deaf is the third studio album by American rock band Queens of the Stone Age, released on August 27, 2002 by Interscope Records. Recommended by The Wall Street Journal Josh Homme. Exploring the Discogs Database is like going down a rabbit hole. It all started with 1970, when Led Zeppelin III was the surprise winner, and has continued until this grand finale. I found one with the same barcode, but has the variations I mentioned above. Home; News; Random Article; Install Wikiwand; Send a suggestion; Uninstall Wikiwand; Our magic isn't perfect .
Krugman Economics Mc, Recipes With Onions And Potatoes, Maui Babe Browning Lotion Ingredients, Aragorn Sword Gif, How Does A Water Organ Work, Cape Of The Mountebank Attunement, Can't Verify Google Account On New Phone,
discogs songs for the deaf 2021
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| 0.654569
| 0.345431
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Braxton Lee Homestead Foundation
Board of Directors/ Advisory Board
Doug O’Rear Memorial Donations
The Braxton Lee Homestead, located off Smith Street, is a beautiful and historic piece of property that sits high atop a hill that offers an incredible view of Sydney’s Bluff, the Cumberland River Bridge, and overlooks Marrowbone Creek and the railroad trestle as you drive into the east side of Ashland City on Hwy 12 South.
The Homestead was purchased in 1796 and the home, reputed to be one of the first inhabited homes in Cheatham County was built in 1811. The home was made from large red cedar, ash and chestnut trees which were plentiful in the area. The logs are still intact and the original kitchen and smokehouse are still standing.
Braxton Lee was a very prominent, early settler of middle Tennessee, having moved west from Virginia in 1776. He operated a large plantation and provided supplies and food to riverboards on the Cumberland River. He was a former Justice of the Peace of (then) Davidson County, and was commissioned a Captain in the 20thTN Regiment in Davidson County in 1807. This homestead was one of the voting locations when they first voted to form a new county out of parts of Davidson, Robertson, Montgomery and Dickson Counties. The initial vote failed but it was later passed in 1856.
There are many descendants today scattered across numerous states. Related families include Hunter, Basford, Binkley, Jackson, Harris, Head, Hunt, Lenox, Peebles, Sanders, Stark, Teasley, Walker, Weakley and Wilson.
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__label__wiki
| 0.933759
| 0.933759
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Colombia: The Executive
Country Study > Chapter 4 > Government and Politics > The Governmental System > The Executive
The president is elected every four years by direct popular vote and is constitutionally prohibited from seeking consecutive terms. A former president may, however, run again for the presidency after sitting out one term. The president must be a native-born Colombian at least fifty-five years of age and in full possession of his or her political rights. The Constitution also requires the president to have had previous service as a congressional or cabinet member, governor, or government official; as a university professor for five years; or as a practicing member of a liberal profession requiring a university degree.
As chief of state, the president oversees the executive branch of government, consisting of a thirteen-member cabinet, various administrative agencies, a developing bureaucracy, and more than 100 semiautonomous or decentralized agencies, institutes, and corporations, generally known as institutos decentralizados Unlike the departments, which have limited self-government, the national capital controls the territories directly through presidentially appointed officials.
Presidentially appointed commissions -- composed of government, party, and interest group representatives -- occasionally played an important role in policy making in the executive branch. Their findings were usually highly respected and often turned into pending legislation. Development-oriented and well-qualified technocrats (técnicos) -- such as economists, agronomists, and engineers -- also strengthened the executive branch in the 1980s by staffing important decentralized government agencies. These included the National Planning Department (Departamento Nacional de Planeación), Monetary Board (Junta Monetaria), and the Colombian Institute of Agrarian Reform (Instituto Colombiano de Reforma Agraria -- Incora). The expertise provided the president and his cabinet by the technocrats moderated the influence of powerful interest groups and enabled the chief executive to develop complex legislation. Although the semiautonomous or decentralized agencies extended the influence of the executive into most areas of society, they had gained substantial independence by the 1980s. The larger and more skilled staffs and international funding sources of many agencies, along with the inability of ministers to supervise closely the agencies under their purview, contributed to this independence.
In addition to administrative powers, the chief executive had considerable legislative authority. During normal times, the president may promulgate decrees with the force of law called decree-laws (decreto-leyes). Congress may also delegate the president authority to decree regulations in a particular area or on a pressing matter. For example, in 1964 the president, at the request of Congress, reorganized the courts and the judicial processes. Many of the president's legislative powers are derived from his constitutional authority to direct economic policy, draw up a budget, and submit economic development plans to Congress. After deciding on a policy initiative, the president normally asks a minister to prepare the specific legislative proposal. The legislature may reduce the president's proposed budget, but it may not add to it without the executive's consent. The Constitution also allows a president to declare certain matters "urgent," thereby requiring priority congressional attention (Article 91), and permits the cabinet ministers to participate in congressional debates (Article 134).
The Constitution obliges the president, as commander in chief of the armed forces and the National Police, to maintain law and order, defend the nation, and deal with domestic disturbances. The president may declare war with the consent of the Senate or, in the event of invasion, without such consent. The president is responsible for making peace, negotiating and ratifying peace treaties, and, also with the consent of Congress, making treaties with other nations.
Although the aforementioned Article 121 and Article 122 give the president considerable powers to deal with internal conflict or war through a declaration of a state of siege or emergency, the judiciary limited their use in the late 1980s. Exasperated by these restraints, President Barco complained in an address to the nation in January 1988 that the Supreme Court had issued a series of rulings that had "virtually eliminated the practical side of the state of siege." He noted that the court had declared unconstitutional at least ten state of siege decrees issued by the government. According to one ruling, the president may not invoke Article 122 without having specific and clear authorization in the laws, the Constitution, or people's rights. Another ruling emphasized that the president may not use the state of siege power if the government's objectives can be obtained with the existing laws. Furthermore, the court insisted that the government may not use Article 121 to rule in socioeconomic matters if the crisis can be dealt with under Article 122.
Although presidential powers in Colombia greatly exceeded those of Congress or the judiciary, they were not without political or social restraints as well. Presidents needed to deal with and maintain the support of the nation's politically conscious elites. Lacking a single autonomous power base, such as a mass party or military control, the president had to be responsive to an array of competing economic, social, religious, and political elites.
In the temporary or permanent absence or incapacity of the president, a presidential designate (primer designado) serves as acting president. The presidential designate, appointed every two years by Congress, receives no salary and has no executive function but may hold other public or private positions while serving as designate. In case of the president's resignation or permanent incapacity, the acting president must call new elections within three months. Should Congress fail to elect a designate, the foreign minister becomes responsible for acting as president in case of the incapacity, absence, death, or resignation of the president.
After the president, cabinet ministers were the next most powerful individuals in the government in the late 1980s. Each minister directed a particular ministry and various subordinate decentralized agencies and institutes. Nevertheless, Colombia's tradition of allowing yearly reshuffles of the cabinet hampered governmental performance.
Certain ministries had more status or importance than others, although their relative standing was not clear cut. The Ministry of Government was perhaps the most powerful. The minister of government exercised considerable authority over elections, consulted with the president on the selection of departmental governors, and acted as a liaison between the governors and the executive branch. The Ministry of Foreign Affairs probably ranked second in importance, not only because its head had a central role in conducting the nation's foreign relations but also because the incumbent was third in the line of succession to the presidency.
Other important and powerful ministries were the Ministry of National Defense, the Ministry of Justice, and the Ministry of Finance. The minister of national defense directed the armed forces and National Police, which in addition to their other duties were charged with maintaining public order during a state of siege. The Ministry of Justice had risen in influence by the mid-1980s as a result of the increased importance in United States-Colombian relations of the prosecution and extradition of narcotics traffickers. The Ministry of Finance has been consistently significant because of its responsibility for economic affairs. As economic planning became more important, this ministry's powers increased proportionately.
Data as of December 1988
Last Updated: December 1988
Editor's Note: Country Studies included here were published between 1988 and 1998. The Country study for Colombia was first published in 1988. Where available, the data has been updated through 2008. The date at the bottom of each section will indicate the time period of the data. Information on some countries may no longer be up to date. See the "Research Completed" date at the beginning of each study on the Title Page or the "Data as of" date at the end of each section of text. This information is included due to its comprehensiveness and for historical purposes.
Colombia Main Page Country Studies Main Page
($) Colombian Peso (COP)
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Malawian law students lose their challenge to Covid19 university…
A group of four students studying law in Malawi have lost their high court case challenging the validity of the President’s Covid-19-related directives. They also lost their challenge to the closure of their university in terms of those directives. But it was not all bad news for them – at least the students won commendation from the presiding judge for ‘taking their future seriously’.
Judge Zione Ntaba
Read judgment by Judge Zione Ntaba, 7 April 2020
Read judgment by Judge Kenyatta Nyirenda, 3 April 2020
The four students are studying law at the University of Malawi’s Chancellor College. They had asked the court to find that directives issued by President Peter Mutharika on 20 March, were invalid. Similarly, they argued that the closure of their university, in compliance with the presidential directive, was unlawful.
They complained that a section of the Disaster Preparedness and Relief Act (DPRA) was unconstitutional because it gave the President and others the power to limit rights and freedoms in contravention of section 45 of the constitution. Similarly, they challenged sections of the Public Health Act, and asked for a declaration that only the national assembly had the power to limit constitutional rights and freedoms in response to a disaster.
Judge Zione Ntaba’s decision is not always easy to follow, but she says that in this case she differs somewhat from the interpretation by her colleague, Judge Kenyatta Nyirenda – he delivered a landmark decision, also on a matter related to the Covid-19 pandemic, just a few days before she finalised her matter in the case of the law students.
She said she could not agree with the students that the President declared a ‘state of emergency’ on 20 March. Rather, it was a state of disaster and was not declared under the constitution but rather under the Disaster Preparedness and Relief Act.
Though she does not agree with her colleague on all his findings, she does strongly support at least one of the conclusions of Judge Nyirenda. In his decision he surveyed the laws affected by the restrictions the government wanted to put in place to deal with the Covid-19 pandemic, and he concluded that most of the laws the government needed to use were hopelessly outdated and of little or no use at this time. He also urged that they be urgently brought up to date so that regulations and decisions based on the laws would be lawful.
In her agreement with this aspect of Judge Nyirenda’s decision, Judge Ntaba wrote, ‘This court is therefore realising there will be need for Malawi at some point to have a comprehensive discussion on the important matter of the law on state of disasters vis-à-vis states of emergency.’
She said that around the University of Malawi’s Chancellor College there were many other institutions and there was a risk of catastrophic spread of the virus is it were not to be contained. Closure of the college should be considered in the light of this reality.
The judge’s precise position in relation to whether the existing legislation would allow directives such as those issued by the President, is also not clear from the wording of her decision.
However, she quoted a decision from South Africa in which a judge refused to give permission for an attorney to return to his family home to support the family and attend the funeral of his grandfather who had died that morning in a fire. The attorney asked for the court to permit him to cross provincial boundaries – something forbidden under SA’s disaster regulations. The court said it could not do so, despite the ‘tragic circumstances’, and declared that the courts had to follow the law.
Obeyed
Her quoting of that decision might seem to imply that Judge Ntaba finds that the law is valid, and must therefore be obeyed.
If that is what the judgment means, what about the findings of Judge Nyirenda, who had said that there were problems with the DPRA, and that courts could not be expected to uphold actions undertaken on the basis of invalid laws or legislation that did not empower the actions taken by government?
Perhaps in answer to this question, Judge Ntaba wrote: ‘This court, like Justice Nyirenda … is of the same view that all other arms of government including the judiciary following the declaration of the state of disaster should with speed undertake the next necessary steps under the various Acts of Parliament.’
She went on to say that this would mean the executive should ‘make a detailed legislative agenda in terms of the various laws like the DRPA, the Public Health Act, Education Act to mention a few and develop necessary principal and subsidiary legislation which is consistent with the Constitution to safeguard people’s lives’.
She said the legislature should also ‘undertake the necessary steps to ensure that the proposed principal and subsidiary legislation is vetted and promulgated according to Malawian law so that they avoid further legal challenges especially in this time of Covid-19 when all measures should be geared at safeguarding lives.’
While she appeared to commend the students for their proactive legal challenge, she also chided them for not adequately considering the communities surrounding the college whose members might have ‘compromised immune systems’ and could therefore easily catch the illness.
Umunthu
‘The spirit of umunthu although not a legal one, has a major bearing on human rights especially where as Malawians and notably Africans as per the African Charter on Human and Peoples Rights, that we have underscored that human rights must be enjoyed with responsibilities.’
Even more confusing is the last paragraph of the decision, from which it is really not clear whether she is saying that the rule of law should be subject to concern about the right to life:
‘My final words are that the rule of law … should always be upheld and should not be compromised merely in the name of public safety or preventing death but in this case, this is our new reality and the law envisaged such a scenario. As a court, all we can hope is that as the laws are being implemented, we continue to maintain the legality because numerous reports from around the world are showing how easy it is to turn to illegality in the name of safeguarding lives. … Human rights especially the right to life remains a priority for now which at this time courts will continue to ensure is upheld by all involved public or private. It should be noted that in no way is this court ranking the rights but in these circumstances, the right to life should be treated as a trump over other rights.’
Newsletter, Judicial Institute for Africa
As ‘moral Covid19’ infects Namibia, even legal profession touched by ‘Fishrot’ bribery scandal
Kenya’s Covid19 restrictions invalid because they criminalise poverty – law society
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By July 9th, 2021Speakers-2021
John Preston is a former arts editor of the Evening Standard and Sunday Telegraph. His book A VERY ENGLISH SCANDAL, about the Jeremy Thorpe Affair, was turned into a BAFTA-winning BBC drama series starring Hugh Grant and Ben Whishaw. His novel THE DIG based on the 1939 archaeological excavation at Sutton Hoo has been filmed starring Ralph Fiennes, Carey Mulligan and Lily James. His most recent book, Fall: the Mystery of Robert Maxwell, has just been published in paperback by Penguin.
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/ Legends Of Swing With Down for The Count Orchestra
LEGENDS OF SWING WITH THE DOWN FOR THE COUNT SWING ORCHESTRA
13th March at 7.30pm
Join the Down for the Count Swing Orchestra for "one hellova celebration of vintage music" (TimeOut London) as they celebrate the Legends of Swing.
Down for the Count are a mini big band who bring the sounds of the Swing Era back to life, with an electrifying show full of incredible energy and musicianship. Described as "a breath of fresh air on the swing scene" they are now regularly found at jazz clubs in the UK and abroad (Ronnie Scott's London, Le Caveau de la Huchette Paris), at festivals including London Jazz Festival, and on BBC Radio.
Down for the Count's new show for 2021 celebrates the Legends of Swing - expect to hear songs from the incredible musicians who pioneered swing music, including instrumental songs from the likes of Duke Ellington, Benny Goodman, Count Basie and Glenn Miller, and vocal classics from singers such as Louis Armstrong, Ella Fitzgerald and Nat 'King' Cole.
The band recreates classic tunes from the Swing Era, but this is no mere nostalgia trip - the band perform each song in their own unmistakeable style, breathing new life into the best vintage music. Combine that with the band's top class instrumental solos, sublime vocal performances, and irresistible humour and joie de vivre, and you get a show that will leave you feeling uplifted and wanting more.
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GAUGE^3D
Last updated at 2005/04/28 06:37:11 PDT by Temporal
This is the home page of the Grand Unified 3D Game Engine project (GAUGE3D), which aims to produce a high-quality open source 3D game engine. This project is currently "on hold", with no schedule for returning.
I started this project many years ago for fun. While working on the project, I learned a lot about C++ and object oriented programming. After a few years refining my techniques, I came to the realization that the C++ language itself was holding me back. Soon my mind was full of ideas for a better language.
I eventually decided to put GAUGE^3D on hold and work on producing that language instead. The language is called Evlan. It is still under development, but it has come a long way; the web server serving this very page is written in Evlan.
I hope to return to GAUGE^3D eventually, and to make it the official game engine of Fate of Io, a project aimed at producing an actual video game. At this time, however, I have no idea if or when that return might come.
The old GAUGE^3D web site (which includes playable downloads of the old C++ version of the engine) can still be found here:
http://gauge3d.sourceforge.net
gauge3d.org © Copyright 1999-2005 Kenton Varda
Powered by Io Community Manager, Evlan, and FreeBSD
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Home > News > NGO canvasses for assistance of less-privileged persons
by SiteMaster - January 11, 2022 January 11, 2022 0
by Christians Gokyo, Jos
PLATEAU STATE – A non-governmental organization, ‘Aytam Global Charity Care Foundation,’ Nasarawa Gwom of Jos North local government area of Plateau State, has stressed the need for spirited individuals in the country to develop a plan for the assistance of the less-privileged in the society.
Founder of the NGO, Engr Muhammad Shuaibu Abubakar, while making the call, said the school had in the past assisted several less-privileged individuals, who would not have the opportunity to go to school, adding that, there is an urgent need to cater for the ever-increasing numbers of those, who are in dare need for help because of their conditions.
He stressed that, such support from wealthy people will provide relief to thousands of people, who are interested in furthering their education, but have no money, and urged the Plateau State Government and other states in the country to always dedicate resources for the advancement of less-privileged individuals in their respective states.
According to him, he has so far provided support to less-privileged to girls, who are currently receiving education at the Foundation Centre.
Speaking on the ‘Award for Excellent Performance’ given to the foundation in recognition of its educational contribution to the society by World Humanitarian Aid Support Development Forum, Engr Abubakar expressed delight with the nomination.
He equally expressed his appreciation with the role played by chairperson of the organization, Dr Lillian and Hajiya Jamila A. Umaru, respectively, for the kindness and generosity shown to the management of the foundation, and also thanked all those, who contributed in ensuring the successful award for the foundation.
Engr Abubakar noted that, the Humanitarian Award ceremony, which took place at Sandralia Hotel, in Abuja, was attended by personalities, among who was Secretary to the Government of the Federation (SGF), Boss Mustapha, and Abubakar Malami (SAN).
Others, who were physically present at the award ceremony, included Dr Iliya Sharma, Barrister Fidelis Ugbo, HRH Prof Chudhury Musharraf Hussain, President of UNNSC, Mrs Faika Ahmed, Commissioner for Humanitarian Affairs, Zamfara State, and Asmau Benzier Leo, executive director of center for non-violence and gender advocacy in Nigeria, among other recipients of the award ceremony.
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The Future of Crypto: The industry is rapidly evolving
DeFi Crypto Insider
The industry that once focused solely on Bitcoin is rapidly evolving. Developers are striving to find decentralized blockchain products that are both scalable and secure, writes Merav Ozair, Ph.D., a leading Blockchain Expert and a FinTech professor at New Jersey’s Rutgers Business School.
When Bitcoin was introduced by the Satoshi white paper in 2008, it presented a novel and liberating concept – a peer-to-peer, decentralized payment system that can be used by anyone, anywhere, and for everything. It did not require intermediaries or an exchange rate to function and created a single globally used currency for any type of transaction.
Then greed got in the way.
The use case that it was supposed to deliver has somewhat faded. Instead of focusing on its initial intent – a payment method – the focus shifted to Bitcoin as an investment vehicle, a store value, a digital gold.
Some of Bitcoin’s first adopters were evangelists, motivated by the financial crisis of 2008, who genuinely wanted to make a difference in the world and create a new type of global financial system. The majority, however, have been speculators who smelled an opportunity to make money. Bitcoin started trading on crypto exchanges, like a financial instrument, subject to high price volatility due to speculators’ trading activity. But it has moved further away from its economic use case – a payment method – and become more of a speculative financial vehicle.
For Bitcoin to become globally adopted as a mode of payment it has to be scalable, or expandable, enough to support such activity. But blockchain technology that enables Bitcoin is still struggling, and developers are in a constant quest to find systems for a decentralized blockchain that is both secure and scalable. As long as a scalable system is not found and Bitcoin is not able to deliver on its initial use case, the speculators have the upper hand. When speculators dictate value, volatility increases, making it even more difficult for Bitcoin to be adapted as a payment method.
Bitcoin’s high volatility has crippled its ability to serve as a mode of payment and has led to the proliferation of stablecoins. The argument is that business transactions cannot depend on a volatile payment. Businesses need certainty and stability. Bitcoin, at its current state, cannot deliver that stability and thus make room for the need for stablecoins.
Again, greed got in the way.
Many stablecoins have been launched but only a handful are in actual use. Stablecoins are mainly used either on crypto exchanges as a substitute for fiat currency or on decentralized finance (DeFi) applications to attain attractive return or yield on investments, which are significantly higher than returns offered by traditional saving methods. Yet, like Bitcoin, they are not used for daily retail transactions as a mode of payment.
Meta’s (formerly Facebook) 2019 announcement of its intention to launch a stablecoin not only stirred up a conversation among regulators on the status of stablecoins but also fueled a sense of urgency among nations to protect their sovereignty and to gear up their efforts in developing a central bank digital currency (CBDC). Although all nations are investigating and debating the use of cryptocurrencies, stablecoins, and CBDCs, their approaches have been very different.
China is launching its own CBDC and making use of all other cryptocurrencies (including stablecoins) illegal, while Japan acknowledges Bitcoin and other cryptocurrencies as legal property and their use as a mode of payment. Other nations are unclear, but they are also calling for cryptocurrency and stablecoin regulations, such as the European Commission’s proposed regulation on Markets in Crypto Assets (MiCA) or the U.S. President’s Working Group on Financial Markets (PWG) report outlining the regulatory landscape for stablecoins.
Federal Reserve Governor Christopher Waller in a November speech acknowledged that “the U.S. payment system is experiencing a technology-driven revolution.” Skeptical of the need for a CBDC, he argued that “payments innovation, and the competition it brings, is good for consumers.” His comments were supportive of the continued efforts of technology companies to develop stablecoins’ payment solutions alongside financial institutions.
Interestingly, Waller recognized that “in a perfect world, there would be one payment system and one payment instrument that everyone uses. Obviously, he was not referring to Bitcoin or to any decentralized payment system, as he refuted such a scenario of a one-payment system, saying that “in our imperfect world, this would confer monopoly power over the payment system” – alluding to a centralized payment system or provider.
Recall that Bitcoin’s premise was to create a “perfect world,” where no entity confers monopoly power over the payment system. It was designed as a payment system that “runs by the people for the people.” But when the Bitcoin cryptocurrency became a financial instrument, trading on crypto exchanges, people forgot where it all began.
There seems to be a consensus among regulators and policymakers as to the benefits of distributed ledger technology (DLT) for financial systems and consumers globally. They do not agree, however, on the use and applicability of DLT. It is very likely that the use of cryptocurrencies, stablecoins, and CBDCs will coincide, and their applicability and prominence will differ across jurisdictions and regions.
Asia-Pacific will likely support cryptocurrencies. Mastercard launched crypto payments cards in Asia-Pacific with the aim of making crypto transactions seamless. Europe will likely prefer a CBDC. The U.K. and other countries in the eurozone are tirelessly working on CBDC solutions. The U.S. would probably choose stablecoins or an equivalent over a digital dollar.
DLT and blockchain technology will continue to evolve and become the “rails” of all financial and economic systems and applications. To facilitate the interaction for everyday users with these applications, we’ll probably witness a dichotomy of utility tokens and payment instruments, such as stablecoins or CBDCs.
More specifically, applications, like DeFi and non-fungible tokens (NFT) will be launched on decentralized blockchains, using their native token (e.g., ETH, ALGO) to conduct transactions on their platforms, while users will interact seamlessly with these applications, as they currently do with their smartphone applications, using stablescoins, CBDCs or credit/debit cards – either crypto or fiat currency. These platforms will play an integral role in the metaverse universe evolution.
Altcoins Bitcoin CBDC Stablecoins
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Harnett County .org
Harnett County is located in the state of North Carolina, USA. As of 2000, the population is 91,025. Its county seat is Lillington6. According to the U.S. Census Bureau, the county has a total area of 1,557 km² (601 mi²). 1,541 km² (595 mi²) of it is land and 16 km² (6 mi²) of it is water. The total area is 1.05% water.
As of the census2 of 2000, there were 91,025 people, 33,800 households, and 24,099 families residing in the county. The population density was 59/km² (153/mi²). There were 38,605 housing units at an average density of 25/km² (65/mi²). The racial makeup of the county was 71.13% White, 22.50% Black or African American, 0.87% Native American, 0.65% Asian, 0.07% Pacific Islander, 3.21% from other races, and 1.57% from two or more races. 5.86% of the population were Hispanic or Latino of any race.
There were 33,800 households out of which 36.00% had children under the age of 18 living with them, 53.20% were married couples living together, 13.50% had a female householder with no husband present, and 28.70% were non-families. 23.30% of all households were made up of individuals and 8.50% had someone living alone who was 65 years of age or older. The average household size was 2.61 and the average family size was 3.07
The median income for a household in the county was $35,105, and the median income for a family was $41,176. Males had a median income of $30,265 versus $22,283 for females. The per capita income for the county was $16,775. 14.90% of the population and 11.30% of families were below the poverty line. 17.20% of those under the age of 18 and 19.40% of those 65 and older were living below the poverty line.
The county is divided into thirteen townships: Anderson Creek, Averasboro, Barbecue, Black River, Buckhorn, Duke, Grove, Hectors Creek, Johnsonville, Lillington, Neills Creek, Stewarts Creek, and Upper Little River. The cities and towns of Harnett County are Angier, Broadway, Buies Creek, Coats, Dunn, Erwin, and Lillington. Neighboring areas include Wake County, Johnston County, Sampson County, Cumberland County, Moore County, Lee County, and Chatham County.
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Volume 20, Number 1. January-March 2022
PASOS. Journal of Tourism and Cultural Heritage 20(1) 2022
New at PASOS
Patrimonio y museos locales: temas clave para su gestión
Patrimoine et musées locaux : clés de gestion
Iñaki Arrieta Urtizberea; Iñaki Díaz Balerdi (eds.)
PASOS Collections
PASOS. Journal of Tourism and Cultural Heritage (ISSN 1695-7121), www.pasosonline.org, is an open access publication with no embargo period, which means that all content is available openly and free of charge to be read by users or their institutions. Users can read, download (no registration required), distribute, print or link the full texts of editions and articles without the permission of the editors or authors. In other words, the BOAI definition of open access applies. There is also no charge for publishing (APCs), and this applies to the entire editorial process. PASOS is published under the Creative Commons BY NC ND license. All original and unpublished works received are subject to a double blind review process.
PASOS specializes in the academic and business analysis of different processes involved in the tourism system, with special interest in tourist uses of culture, nature and territory, people, towns and spaces, and integral heritage. From an inter- and trans-disciplinary perspective, it calls for and encourages writings from the social sciences and administrative-business practice. Its objective is to fulfill the role of a forum for the exposition and discussion of methodologies and theories, as well as the dissemination of studies and experiences. It aims to contribute to efforts to understand tourism and to make progress in ways of preventing its undesirable effects. It also attempts to improve the way in which tourism serves as a complement to developing the quality of life of residents in destination areas.
Edited by the Universidad de La Laguna (Spain) Institute of Political and Social Sciences and the Instituto Universitario da Maia (Portugal), the current periodicity of PASOS is quarterly (January, April, July and October), as well as publishing two special editions each year.
PASOS is directed by Agustín Santana Talavera, Ph.D. in Social Anthropology, Full Professor of the University of La Laguna and Director of the University Institute of Political and Social Sciences. He is assisted by two Deputy Directors: Eduardo Parra López, Ph.D. in Business Sciences and Professor of the University of La Laguna and Eduardo Cordeiro Gonçalves, doctorates in history and tourism, Vice-Rector of Instituto Universitario da Maia (Portugal). The journal has an editorial committee (http://pasosonline.org/la-revista/consejo-editorial) organized around large thematic and language areas, and an international scientific advisory committee (http://pasosonline.org/la-revista/consejo-cientifico) composed of doctors and professionals in tourism and cultural heritage from 26 universities and research centers. The editorial secretary is Dr. Gonçalo Marques from the Instituto Universitario da Maia (ISMAI, Portugal).
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Review: ‘Revolution in the Air’ by Max Elbaum - Loren Goldner
Loren Goldner reviews Max Elbaum's 'Revolution in the Air', and in the process critically examines Maoist and Third Worldist politics.
Didn’t See The Same Movie
Review of Max Elbaum, Revolution in the Air: Sixties Radicals Turn to Lenin, Mao and Che. London/New York, Verso, 2002.
By Loren Goldner
“The sleep of dialectical reason will engender monsters.”
Without exactly setting out to do so, Max Elbaum in his book Revolution In The Air, has managed to demonstrate the existence of progress in human history, namely in the decline and disappearance of the grotesque Stalinist- Maoist- ‘Third World Marxist” and Marxist-Leninist groups and ideologies he presents, under the rubric New Communist Movement, as the creations of pretty much the “best and the brightest” coming out of the American 1960’s.
Who controls the past, Orwell said, controls the future. Read at a certain level, Elbaum’s book ( describing a mental universe that in many respects out-Orwells Orwell), aims, through extended self-criticism, to jettison 99% of what “Third World Marxism”stood for in its 1970’s heyday, in order to salvage the 1% of further muddled “progressive politics” for the future, particularly where the Democratic Party and the unions are concerned, preparing “progressive” forces to paint a new face on the capitalist system after the neo-liberal phase has shot its bolt.
I lived through the 1960’s too, in Berkeley of all places. I was in an anti-Stalinist revolutionary socialist milieu (then called Independent Socialist Clubs, which by the late 1970’s had spawned eight different offshoots) a milieu the author identifies with “Eurocentric” Marxism. We argued that every state in the world from the Soviet Union to China to Cuba to North Vietnam and North Korea, by way of Albania, was a class society, and should be overthrown by working-class revolution. We said the same thing about all the Third World “national liberation movements” and states resulting from them, such as Algeria, and those in the then-Portuguese colonies (Angola, Mozambique, Guinea Bissau). We were dead right, and Elbaum’s “Third World Marxists”, who cheerleaded for most or all of them, were dead wrong. This is now clear as day for all with eyes to see. We based our perspective on realities that did and do not to this day exist for Elbaum and his friends: the question of whether the Russian Revolution died in 1921 (Kronstadt) or 1927 (defeat of the Left Opposition) (in Elbaum’s milieu the choice was between 1953 (death of Stalin) and 1956 (Khruschev’s speech to the 20th Party Congress). “Eurocentrics” that we were, we took note of Stalin’s treacherous and disastrous China policy in 1927 (which Mao tse-tung at the time had criticized from the right); of Stalin’s treacherous and disastrous Third Period policy and its results in Germany (above all), but also throughout the colonial world (e.g. the 1930 “Communes” in Vietnam and China). We critiqued Stalin’s treacherous and disastrous Popular Front policy, which led to a mutual defense pact with France, the reining in of the French mass strike of May-June 1936, and above all to the crushing of the anarchists and Trotskyists (and with them the Spanish Revolution as a whole) in Barcelona in May 1937 (it also led to the abandonment of anti-colonial agitation by the Vietnamese and Algerian Communist Parties in the name of “anti-fascism”). We were disturbed by the Moscow Trials, whereby 105 of 110 members of Lenin’s 1917 central committee were assassinated, and by the Stalin-Hitler pact, through which Stalin handed over to the Gestapo dissident factions of the German Communist Party who had sought refuge in the Soviet Union, We read about Elbaum’s one-time hero Ho Chi Minh, who engineered the massacre of thousands of Vietnamese Trotskyists in 1945 when they advocated (with a real working-class base) armed resistance to the return of English and French troops there after World War II (Ho received them warmly under the auspices of the Yalta agreement, wherein Uncle Joe had consented to further French rule in Indochina). Stalin had done the same for Greece, where again the Trotskyists were slaughtered while pushing for revolution, and in western Europe, where the French and Italian resistance movements were disarmed and sent home by their respective Communist Parties. We studied the workers’ uprising in East Berlin in 1953, and the Hungarian Revolution (and Polish worker unrest) of 1956; we distributed the brilliant Open Letter to the Polish Workers’ Party (1965) of Kuron and Modzelewski. We were heartened by the Polish worker uprising in Gdansk and Gdynia in December 1970, which arguably heralded (through its 1980-81 expansion) the end of the Soviet empire. Elbaum mentions none of these post-1945 worker revolts against Stalinism, which were undoubtedly too “Eurocentric” for him,–they did after all take place in Europe– assuming he heard about them. At the time, he and his milieu would have undoubtedly described them as revolts against “revisionism.”
From 1970 onward I moved into the broader, more diffuse anti-Stalinist milieu in the Bay Area. We read Victor Serge’s Memoirs, and Orwell’s Homage to Catalonia; we discovered Lukacs’ History and Class Consciousness, and the Situationists; we saw Chile’s 1970-1973 Popular Front once again crushed by the same collaborationist policies which Elbaum’s Stalinist lineage had first perfected in France and Spain in 1936, and unlike Elbaum and his friends, we were hardly startled when the Chinese Communist Party embraced Pinochet. It had not escaped our ‘Eurocentric” attention that China itself had pushed the Indonesian Communist Party to adopt the same Popular Front strategy in 1965, leading to the massacre of hundreds of thousands (a success for US imperialism that more than offset the later defeat in Indochina), or that it had applauded when the Ceylonese regime (today Sri Lanka) bloodily repressed its Trotskyist student movement in 1971. We were similarly not shaken, like Elbaum and his friends, when China went on to support the South African intervention against the MPLA in Angola, or call for the strengthening of NATO against Soviet “social imperialism”, or support the right-wing regroupment against the Communist-influenced Armed Forces Movement in Portugal in 1974-1975. We “Eurocentrists” snapped up the writings of Simon Leys, the French Sinologist, documenting the crushing of the Shanghai proletariat by the People’s Liberation Army in the course of the ‘Cultural Revolution”, the latter lasting from 1966 to 1976. Elbaum and his friends were at the same time presenting this battle between two wings of the most elephantine bureaucracy of modern times, as a brilliant success in “putting politics in command” against the capitalist restorationists, technocrats and intellectuals, and burning Beethoven for good measure. All of these writhings of Chinese Stalinism struck us more as the second-time farce to the first time tragedy of the world-wide ravages of Soviet Stalinism from the 1920’s onward. Elbaum and his friends cheered on Pol Pot’s rustification campaign in Cambodia, in which one million people died; no sooner had they digested the post-1976 developments in China after Mao’s death (the arrest and vilification of the Gang of Four, the completion of the turn to the U.S. in an anti-Soviet alliance) when, in 1979, after Vietnam occupied Cambodia to depose the Khmer Rouge, China attacked Vietnam, and the Soviet Union prepared to attack China. How difficult, in those days, to be a “Third World Marxist”!
We had been shaped by the worldwide renaissance of Marxism set in motion by the serious diffusion of the “early Marx” and the growing awareness of the Hegelian dimension of the “late Marx” in the Grundrisse, Capital and Theories of Surplus Value. We leapt upon the “Unpublished Sixth Chapter” of vol. I of Capital as demonstrating the essential continuity of the “early” and “late” Marx (though we did not yet know Marx’s writings on the Russian mir and the ethnographic notebooks, which drew an even sharper line between a truly “late Marx” and all the bowdlerized productivist versions coming from the 2nd, 3rd and 4th Internationals). A familiarity with any of these currents put paid to the ‘diamat” world view and texts which were the standard fare of Elbaum’s world. It was of course “Eurocentric” to rethink Marx and official Marxism through this new, unexplored continent, “not Eurocentric” to absorb Marx through the luminosity of Stalin, Beria, and Hoxha. The Marx who had written extensive journalism on India and China from the 1840’s onward may have been “Eurocentric” but the brain-dead articles emanating from the Peking Review about the “three goods” and the “four bads” were, for these people, decidedly not.
Rosa Luxemburg and everything she stood for (including her memorable writings-no doubt Eurocentric– on primitive accumulation in the colonial world and her rich material on pre-capitalist societies everywhere in Einfuehrung in die Nationaloekonomie) meant nothing to these people. Her critiques of Lenin, in the earliest months of the Russian Revolution (not to mention before 1914), and of the right to national self-determination, did not exist. Elbaum and his friends were not interested in the revolutionaries who had criticized Lenin during the latter’s lifetime (or at any point), and they remained blissfully unaware of Bordiga, Gorter, and Pannekoek. The philosophical critiques of Korsch and Lukacs similarly meant nothing to them. They never heard of the 1940’s and 1950’s CLR James, Raya Dunayevskaya, the early Max Shachtman, Hal Draper, the French group Socialism or Barbarism, Paul Mattick Sr., Maximilien Rubel, the Italian workerists, Ernst Bloch, or Walter Benjamin. They seriously argued for the aesthetics of China’s four “revolutionary operas” and songs such as “The Mountain Brigade Hails The Arrival of the Night Soil Carriers” while the serious Marxist world was discovering the Frankfurt School (whatever the latter’s limitations) and Guy Debord.
Then there was the influence of “Monthly Review” magazine and publishers. Baran and Sweezy had migrated from the Soviet Union to various Third World “anti-imperialists” to China; they were infused with the “Bandung” climate of 1955 and the brief moment of the Soviet-Chinese-neutralist “anti-imperialist” bloc. Names such as Sukarno, Nasser, Nkrumah loomed large in this mind-set, as did the later “Tri-Continental” (Latin America- Africa-Asia) consciousness promoted by Cuba and Algeria. The 1966 book of Baran and Sweezy, Monopoly Capital, (which, years into the crisis of the Bretton Woods system, did not even mention credit) became a major theoretical reference for this crowd. This was supplemented by international names such as Samir Amin, Charles Bettelheim, Arrighi Immanuel, and the South American “dependency school” (Cardoso, Prebisch, et al.). But the lynchpin was Lenin’s theory of imperialism, with its idea of “imperialist super-profits” making possible the support of a “labor aristocracy” and thereby the reformism of the Western working class, against which this whole world view was ultimately aimed. Even today, after everything that has discredited Sweezy’s economics, Elbaum still uses “monopoly capital” as one of his many unexamined concepts.
Because in the world of Elbaum and his friends, while the reading of Capital may have been on the agenda of many study groups (in reality, in most cases, the study of vol. I, which is tantamount to reading Hegel’s Phenomenology only on the initial phase of “sense certainty” of English empiricism and skepticism), it was far more (as he says) the pamphlets of Lenin, or if the truth be known, of Stalin, Beria, Mao, Ho and Hoxha which were the main fare. (My favorite was Beria’s “On The History of Bolshevik Organization in the Transcaucusus”, reprinted ca. 1975 by some long-defunct Marxist-Leninist publisher.) Elbaum is honest, in retrospect: “the publishing houses of the main New Communist organizations issued almost nothing that remains of value to serious left researchers and scholars.” He might have added that it wasn’t worth reading at the time, either, except to (briefly) experience ideology run amok. Whereas for the political world I inhabited, the question was the recovery of soviets and workers’ councils for direct democratic worker control of the entirety of production (a perspective having its own limits, but far more interesting ones), by Elbaum’s own account the vision of the socialist society in Marxist-Leninist circles was rarely discussed beyond ritual bows to the various Third World models, today utterly discredited, or the invocation of the “socialism in one rural commune” of William Hinton’s Fanshen, or the writings on Viet Cong “democracy” by the indefatigable Wilfred Burchett (who had also written lyrically about Stalin’s Russia 30 years earlier). The real Marxian project of the abolition of the law of value, (i.e. the regimentation of social life by the socially necessary time of reproduction), existed for virtually no one in the 1960’s, not for Elbaum, nor for me. But the Monthly Review/monopoly capital world view, in which capitalism was understood not as a valorization process but as a quasi-Duehringian system ultimately of power and domination, meshed perfectly with the (in reality) populist world view of Elbaum et al. Through Baran and Sweezy a kind of left-wing Keynesianism pervaded this part of the left, relegating the law of value to the capitalism of Marx’s time and (following Lenin) seeing everything since the 1890’s as power-political “monopoly capital.” This “anti-imperialism” was and is in reality an ideology of Third World elites, in or out of power, and is fundamentally anti-working class, like all the “progressive” regimes they have ever established. It did not trouble Elbaum and his milieu that the role of the Third World in international trade had been declining through from 1900 to the 1960’s, or that 80% of all direct foreign investment takes places between the three major capitalist centers of the U.S., Europe and East Asia (so much for Lenin’s theory of imperialism); the illusory prosperity of the West, in their view, was paid for by the looting of the Third World (and, make no mistake, the Third World was and is being looted). The ultimate implication of this outlook was, once again, to implicate the ‘white” (e.g. Eurocentric) working class of the West in the world imperialist system, in the name of illusory bureaucratic-peasant utopias of labor-intensive agriculture. This working class in the advanced capitalists countries had meanwhile, from 1955 to 1973, carried out the mounting wildcat insurgency in the U.S. and Britain, May 1968 in France and the “creeping May” of 1969-1977 in Italy, apparently not having been informed by Elbaum’s “Third World Marxists” that they were bought off by imperialism.
A number of unexamined concepts run through Elbaum’s book from beginning to end: revisionism, antirevisionism, Leninism, Marxism-Leninism, ultra-leftism. Elbaum never explains that “revisionism” meant to this milieu above all the ideological demotion of Stalin after 1953, and that therefore those who called themselves “antirevisionists” were identifying, implicitly or explicitly (and usually explicitly) Stalin’s Russia with some betrayed “Marxist orthodoxy.” In his counterposition of “revisionism/antirevisionism” Elbaum does not devote one line to the consolidation, in 1924, of the grotesque concept of “socialism in one country”, a concept that would have made Lenin (whatever his other problems) wretch. (Not for nothing had Lenin’s Testament called for Stalin’s removal as General Secretary, another “fact” that counted for nothing in the mental universe of “Third World Marxism.”) For someone who is writing about it on every page, Elbaum has, in fact, no real theory of Stalinism whatsoever. Whereas the milieu I frequented stayed up late trying to determine if the seeds of Stalinism were in Leninism, Elbaum and his friends saw mainly or entirely an unproblematic continuity between Lenin and Stalin, and affirmed it. As for “Marxism-Leninism”, Elbaum does admit that it was a concoction of Stalin. In its subsequent career “Marxism-Leninism” could mean anything to anyone, anything of course except the power of soviets and workers’ councils which in every failed proletarian revolution of the 20th century (Russia 1905 and 1917-21, Germany 1918-1921, Spain 1936-67, Hungary 1956, France 1968) had more genuine communist elements than all the large and small totalitarians in Elbaum’s “Third World Marxist” pantheon put together.
“Ultra-leftism” for Elbaum means little self-appointed vanguards running amok and demarcating themselves from real movements. Elbaum seems quite unaware of the true historic ultra-left. One can agree or disagree with Pannekoek (whose mass strike writings influenced Lenin’s State and Revolution), Gorter (who told Lenin in 1921 that the Russian revolutionary model did not could not be mechanically transposed onto western Europe) or Bordiga, who called Stalin the gravedigger of the revolution to his face in 1926 and lived to tell the tale,. But such people and the genuine mass movements (in Germany, Holland and Italy) that produced them are a noble tradition which hardly deserves to be confused rhetorically with the thuggish antics of the (happily defunct) League for Proletarian Socialism (the latter name being a true contradictio in adjecto, inadvertently revealing bureaucratic dreams: Marxian socialism means the abolition of wage-labor and hence of the “proletariat” as the commodity form of human labor power.). As indicated above, figures such as Korsch, Mattick, Castordiadis, and the early CLR James (whatever their problems) can similarly be considered part of an ultra-left, and unlike the productions of Elbaum’s milieu, their writings are eminently worth reading today. One Dutch Marxist organizing in Indonesia in 1908 had already grasped the basically bourgeois nature of nationalism in the then-colonial world, an idea Elbaum was still catching up with in 2002.
“Internationalism” for Elbaum means mainly cheerleading for the latest “Third World Marxist” movement or regime, but in reality his vision of the world is laughably America- centered. He refers on occasion (as a source of inspiration for his milieu) to the French mass strike of 1968, which swept aside all self-appointed vanguards, “Marxist-Leninists” first of all. This is lost on Elbaum. By the early 1970’s, Trotskyist groups had clearly out-organized the Marxist-Leninists, and for what it’s worth, today the two largest Trotskyist groups, Lutte Ouvriere and Ligue Communiste, together account for 10% of the vote in French elections and are now larger than the Communist Party, without a Marxist-Leninist in sight. In Britain, similarly, Trotskyist groups out-organized the Marxist-Leninists hands down, played an important role in the 1972 strike wave, (never mentioned by Elbaum) and today the British Socialist Workers’ Party (not to be confused with the American rump of the same name) is the largest group to the left of the Labour Party. Elbaum refers in passing to the Japanese far left of the 60’s as an influence on some Japanese-Americans, but he seems blissfully unaware that the Zengakuren was overwhelmingly anti-Stalinist and mainly viewed Russia and China as state-capitalist. The most creative and internationally influential currents of the Italian 1970’s, the so-called operaisti or workerists, were breaking with Leninism from the early 1970’s at the latest. (To be fair, in Italy and in Germany large Maoist and Marxist-Leninist groups did exist, and the Trotskyists were basically marginal).
On the subject of Trotsky: I am not a Trotskyist, and have basically (as previously indicated) since my callow youth viewed all so-called socialist societies as class societies, and not (as Trotskyists do) as “workers’ states.” But I have more respect for Trotsky (who should be distinguished from the Trotskyists) than I ever had or will have for Stalin, Mao, Ho, Kim il-Sung, Castro, Guevara, or Cabral.
Wearing the blinders of his milieu, Elbaum shows real ignorance of Trotskyism. (“Third World Marxism’s” philistine hatred for Trotsky, while generally not stooping to 1930’s “Trotsky the agent of the Mikado”- type slanders, was exceeded only by such ignorance.) Blinded by his milieu’s acceptance of complete and positive continuity between Lenin and Stalin, the world events of the early 1920’s, which decisively shaped both Trotskyism and the above-mentioned ultra-left (and the last 80 years of human history) have no importance for him. Hence (as indicated earlier), the triumph of “socialism in one country” after 1924 and the total subordination of all Communist Parties to Soviet foreign policy are totally unproblematic for these people, as were all the debacles of the Comintern mentioned earlier. Similarly, the question of the relationship of the Bolshevik party and Soviet state to the soviets and workers’ councils, i.e. the question of the actual working-class management of society, which was settled (in the negative) by 1921, is of no consequence either. It’s Eurocentric to be concerned about Soviet history before the rise of Stalin, not Eurocentric to admire Stalin’s Russia with its 10 million peasants killed in the 1930’s collectivizations, its massacre of the Bolshevik Old Guard in the Moscow Trials, its factories operating with killing speed-up under direct GPU control or its 20 million people in slave labor camps at the time of Stalin’s death. For such a view, “revisionism” must therefore be Khruschev’s (equally top-down) attempt to decompress (a bit) this nightmare. The memory of Stalinist Russia still weighs on the consciousness of masses of people around the world as the seemingly inevitable outcome of trying to do away with capitalism, and reinforces the still potent neo-liberal mantra “there is no alternative”, but why the people Elbaum describes as the “most dynamic” part of the American left in the 1970’s were so taken with the Stalinist legacy never seems to strike him as a major problem to be addressed.
Elbaum might also inform himself about Trotsky’s (and Marx’s) theory of permanent revolution, which was the centerpiece of the Bolshevik internationalist strategy in 1917, and its repudiation by Stalin the key to all the post-1924 politics swallowed whole forty-five years later by Elbaum’s “Third World Marxists.” Permanent revolution-rightly or wrongly-meant the possibility that a revolution in a backward country like Russia could link up with (or even inspire; cf. Marx’s preface to the 1882 Russian edition of the Manifesto) revolution in the developed European heartland, and in that way be spared the bloody primitive accumulation process which every capitalist country from Britain to Russia to contemporary China has necessarily undergone. It is this theory, and not some “Eurocentrism”, that made (the small minority of) honest Trotskyists keep their distances from regimes using “Third World Marxism” as a figleaf for capitalist primitive accumulation. Most Trotskyists were howling with the wolves that “Vietnam Will Win!.” Well, we have seen what Vietnam (and even more Cambodia) won.
This is hardly the place to describe the devolution of Trotskyism since Trotsky, but honesty and courage of convictions were not the strong suit of the Mandels and Barneses and Pablos who shaped it after 1940. Elbaum sees the American SWP as the main face of Trotskyism for 1960’s and 1970’s leftists in the U.S. (and he’s right about that) , and claims that Trotskyism’s involvement with “old 1930’s issues” and “European questions” was the main hindrance to a larger impact of Trotskyism when the Third World, from China to Vietnam to Cuba was supposedly sizzling with revolution and the building of socialism.
In point of fact, watching the SWP (like their French counterparts Ligue Communiste) in the 1960’s and 1970’s, I could only laugh up my sleeve watching the way they buried their critique of Stalinism (as in the case of the Vietnamese NLF) in the fine print of their theoretical journals while rushing after popularity, waving NLF flags, in exactly the milieu influenced by Elbaum’s “Third World Marxism.” To take only one anecdotal example: In a 1969 debate in Berkeley between the ISC and the SWP, we put SWP spokesperson Pete Camejo up against the wall about the 1945 massacre of the Vietnamese Trotskyists in front of a large New Left audience, and Camejo conceded that, , yes, Ho Chi Minh’s Viet Minh had, in fact, well, oppressed the Vietnamese comrades of the Fourth International. I’m sure most of the New Leftist cheerleaders present considered our point to be “ancient history”; –24 years earlier!–; today, as they watch Vietnam rush into “market socialism” with investment capital from Toyota and Mitsubishi, , I’m sure they don’t think about it at all. I remember Camejo’s brother Tony telling a similar audience that we couldn’t be too critical of black and Latino nationalism in the U.S. because blacks and Latinos had not yet passed through their “bourgeois revolution”, as if American blacks and Latinos did not also live in the most advanced capitalist society in the world. But he had put his finger on a certain reality, since many of the black and Latino nationalists of the 1960’s and 1970’s were in fact on their way to middle-class careers, once the shouting died down, as uninterested in genuine proletarian revolution (and the true 20th century examples of it) today as they were then. (They were and are in this way no different from the great majority of the white New Left.) Elbaum approvingly quotes Tariq Ali attacking those who (such as myself and the ISC to which I belonged) saw no difference between “Mao tse-tung and Chiang kai-shek, or Castro and Batista”, whereas all of world history since Ali uttered that remark has demonstrated nothing except that the main difference made between old-style U.S.-backed dictators and “Third World Marxist” dictators with state power is that the latter better prepare their countries for full-blown capitalism, with Mao’s China exhibit A for the prosecution, and Vietnam following close behind.
Further, Elbaum, never seems to notice that many of the 20th century Marxists still worth reading today (and he apparently has not read them) , such as the early Schactman, James, Draper, and Castoriadis, made their most important contributions in a break to the left of Trotskyism,. In 35 years in leftist politics, I have met many ex-Stalinists and Maoists who became Trotskyists and council communists; I have never met anyone who went in the opposite direction. Once you have played grand master chess, you rarely go back to checkers.
Finally, while Elbaum rightly says that the turn ca. 1969 of thousands of New Leftists to the American working class was largely fruitless, he does neglect one important counter-example, namely the success of the International Socialists (the renamed ISC after 1970) in building the Teamsters for a Democratic Union (TDU) and through it being the sparkplugs for the election of Ron Carey as President of the Teamsters in 1991. There is no question that this development, however much it turned into a fiasco, was the most important left-wing intervention in the American labor movement since the 1940’s. I no more wish to go off on a long tangent about that terribly-botched episode than I wish to expound on the history of Trotskyism; I left the IS milieu in 1969. It is rather, again, to show Elbaum’s blind spot to the real flaws of his own tradition. The IS’s success with TDU came at the price of burying (at least for the purposes of Teamster politics) the fact that they were socialists, not merely honest trade-unionists (It turned out that Carey wasn’t even that.) Anyone educated in a Trotskyist group (and the IS, despite its rejection of the socialist character of the so-called “workers’s states” was Trotskyist on every other question), in contrast to most Stalinist and Maoist groups, develops a healthy aversion to the trade-union bureaucracy and to the Democratic Party. Elbaum provides a long history of how Maoism evolved out of the wreckage of the old CPUSA after the 1960 Sino-Soviet split. Some of these groups looked back to the CP under Browder; others preferred William Z. Foster. But almost all of them saw something positive in the CP’s role during the Roosevelt era, both in the Democratic Party and in the CIO. The problem of those working off of Trotskyism was, on the contrary, the “bureaucracy” that developed in exactly the era of CP influence; the problem of those working off of Marxism-Leninism was “revisionism” (Stalinists and Maoists for some reason don’t have too much to say about bureaucracy, except-as in the “Cultural Revolution”, when they are supporting one bureaucratic faction against another). And the concept of “revisionism” rarely inoculated these people against seeking influence in high places, either with Democratic politicians or with trade-union bureaucrats, as the CP had done so successfully in its heyday. It is certainly true that many of Elbaum’s Marxist-Leninists did neither. But he seems to ignore the fact that the ability of a group like the IS to intersect the Teamster rank-and-file rebellion of the 1970’s and thereafter had something to do with the fact that they, in contrast to every Marxist-Leninist around, were not approaching the American working class with tall tales about socialism in Cuba or Albania or Cambodia or North Korea. The oh-so-radical defenders of Beijing’s line, whether for or against the “Gang of Four”, turned out to be defending a considerable part of the global status quo.
Finally, if Elbaum would lift his head from the rubble of “Third World Marxism”, he might notice that, in Britain and France, Trotskyist groups have a solid mass base (whatever one thinks of the politics involved), whereas Marxist-Leninists are almost nowhere to be seen; and even in the politically-backward U.S., groups such as the ineffable ISO, not to mention the youthful anarchist scene, are attracting more young people interested in revolution than any Marxist-Leninists. Being for the overthrow of every government in the world lets you see and do things that the baggage of Pol Pot or Shining Path or Kim Jong-il conceals.
It is now time to turn to the merits of Elbaum’s book, which, contrary to what the reader may conclude from the above, it indeed has. First-and with this I have no quarrel-Elbaum attacks the “good sixties/bad sixties” vision of figures such as Todd Gitlin, for whom the late-sixties turn to revolution was the “bad sixties”, compared to the early sixties Port Huron vision of participatory democracy. Revolution was necessary then, and is necessary today, whatever the current ideological climate might favor. Elbaum is also right in critiquing Gitlin’s (and many others) almost exclusive focus on the white New Left, seeing the movement essentially collapse with SDS in 1969-70, and not recognizing its extension, particularly among blacks and Latinos (not to mention the thousands of white New Leftists who went into the factories, and the wildcat strike wave which lasted until 1973).
But Elbaum does put his finger on the fact that the Third World Marxist- Stalinist- Marxist-Leninist and Maoist milieu was much more successful, in the 1960’s and 1970’s, in attracting and influencing militants of color. And he is equally right in saying that most of the Trotskyist currents, not to mention the “post-Trotskyists” to whom I was closest, were partially blind to America’s “blind spot”, the centrality of race, in the American class equation. The ISC, when I was in it in Berkeley in the late 1960’s, was all for black power, and (like many other groups) worked with the Black Panthers, but itself had virtually no black members. Trotskyist groups such as the SWP did have some, as did all the others. but there is no question that Elbaum’s milieu was far more successful with blacks, Latinos, and Asians (as was the CPUSA). To cut to the quick, I think that the answer to this difference was relatively straightforward. As Elbaum himself points out, many people of color who threw themselves into the ferment of the 1960’s and 1970’s and joined revolutionary groups were the first generation of their families to attend college, and were-whether they knew it or not– on their way into the middle class. Thus it is hardly surprising, when one thinks about it, that they would be attracted to the regimes and movements of “progressive” middle-class elites in the Third World. This was just as true, in a different way, for many transient militants of the white New Left, similarly bound (after 1973) for the professional classes, not to mention the actually ruling class offspring one found in groups such as the Weathermen. Elbaum does point out that the white memberships of many Third World Marxist groups were from working-class families and were similarly the first generation of their families to attend college. He also shows a preponderant origin of such people in the “prairie radicalism” (i.e. populism) of the Midwest, in contrast to the more “European” left of the two coasts, one important clue to their essentially populist politics. These are important social- historical- cultural insights, which could be developed much further. Charles Denby’s Black Worker’s Notebook (Denby was a member of Raya Dunayevskaya’s New and Letters group) effectively identifies the middle-class character of the Black Power milieu around Stokely Carmichael et al., as well as black workers’ distance from it; the Detroit-based League of Revolutionary Black Workers similarly critiqued the black nationalist middle class, though it was hardly anti-nationalist itself.)
It is undeniable that the 1960’s movements of peoples of color in the U.S. were influenced by the global climate of the de-colonization of most of Africa, the Middle East and Asia following World War II, and the “de-centering” of actually Eurocentric views of Western and world history, following the 1914-1945 “de-centering” of Europe in the new lines drawn by the Cold War. They were similarly influenced by-and themselves were the main force enacting-the shattering of centuries of white supremacy in American society. It would be idealistic and moralistic to explain their attraction to “Third World Marxism”, Maoism and Marxism-Leninism by the meaningless assertion that “they had the wrong ideas.” One important part of the answer is definitely the weight of arriving middle-class elements in these political groups, who are today to be found in the black and Latino professional classes. But the typical black, Latino or Asian militant in the U.S. waving Mao’s little red book or chanting “We want a pork chop/Off the pig” was not signing on for Stalin’s gulag, or the millions who died in Mao’s “great leap forward” in 1957, or mass murder in Pol Pot’s Cambodia, or the ghoulish torture of untold numbers of political prisoners in Sekou Toure’s Guinea, (where the black nationalist Stokely Carmichael spent his last days with no dissent anyone ever heard about), any more than the working-class militant in the CPUSA in 1935 was signing on for the Moscow Trials or the massacre of the Spanish anarchists and Trotskyists. All the above real history and theory blotted out or falsified by “Third World Marxism” was available and known in the 1960’s and thereafter to those who sought it. The question is precisely one of exactly when groups of people in motion are ready to seek or hear certain truths. What Elbaum can’t face is that the entirety of “Third World Marxism” was and is anti-working class, whether in Saigon in 1945 or in Budapest and Poznan in 1956 or in Jakarta in 1965 or in case of the Shanghai workers slaughtered in the midst of the “Cultural Revolution” in 1966-69. Workers, white and non-white, in the American sixties sensed this more clearly than did Elbaum’s minions, blinded by ideology. As Marx said, in The Eighteenth Brumaire, speaking of the English Revolution of the 1640’s:
…in the same way but at a different stage of development, Cromwell and the English people had borrowed for their bourgeois revolution the language, passions and illusions of the Old Testament. When the actual goal had been reached, when the bourgeois transformation of English society had been accomplished, Locke drove out Habbakuk.
When the upwardly mobile middle class elements of the 1960’s and 1970’s New Left and Third World Marxism, both white but also important numbers of blacks and Latinos, had established themselves in their professional and civil service jobs and academic tenure, suburban life and VCRs drove out Ho, Che, and Mao. Things went quite differently, above all for blacks without a ticket to the middle class, as one can see in the difference between the ultimate fates of even the Weather Underground after years on the run, and black political prisoners such as Geronimo Pratt.
But, to conclude, if Elbaum has offered us hundreds of pages on the wars of sects and ideologies that no one-himself included– misses, it is not from an antiquarian impulse. The real agenda is spelled out in one of the effusive blurbs on the dust cover: “Finally, we have one book that can successfully connect the dots between the battles of the 1960’s and the emerging challenges and struggles of the new century.” The giveaway is Elbaum’s treatment of the Jesse Jackson presidential campaigns of 1984 and 1988, which are presented as something almost as momentous as the 1960’s, and which offered the few Marxist-Leninist groups (“Marxist-Leninists for Mondale” as someone once called them) still around their last chance at mass influence. In contrast to the 1960’s, the Jackson campaigns came and went with no lasting impact except to further illustrate the dead end of the old Rooseveltian New Deal coalition and the Keynesian welfare-statism that was the bread and butter of the old Democratic Party and of the CPUSA’s strategy within the Democratic Party. And when all is said and done, this fatal legacy of the CP’s role at the height of Stalinism in the mid-1930’s is Elbaum’s legacy as well. Just as he tells us nothing about the true origins of Marxism-Leninism and Third World Marxism, Elbaum tells us nothing about the CPUSA coming off its 1930’s “heroic” phase, herding the American working class off to World War II through the enforcement of the no-strike pledge, the calumny of any critic of U.S. imperialism’s moment of arrival at world power as a Hitlero-fascist, and applause in the Daily Worker for Hiroshima and Nagasaki. So it is necessary to connect some further dots: this book aims at being a contribution to some new “progressive coalition” wedding the American working class to some revamping of the capitalist state in an all-out drive to “Beat Bush” around a Dean campaign (or something like it) in 2004. It joins the groundswell of dissent among capitalist forces themselves, currently being articulated by the likes of George Soros, Jeffrey Sachs, Joseph Stieglitz and Paul Krugman as the still-dominant neo-liberal paradigm of the past 25 years begins to seriously fray. While Elbaum’s book makes occasional passing reference to economic hard times times the 1970’s, he doesn’t see the extent to which American decline has circumscribed any possible agenda of “reform”, which can only be some kind of “Tax The Rich”, share-the-declining-wealth kind of left populism, with suitably “diverse” forces that will probably be the final fruit of the “progressive” middle classes, white and people of color, that evolved out of Elbaum’s “Third World Marxism.”
Despite what Elbaum thinks and what he and his milieu thought 30 years ago, the fate of the world is in the hands of the world working class. In contrast to 30 years ago, however, this working class is no longer limited to North America, Europe and Japan, but is now spread through many parts of the “anti-imperialist” Third World, led by China. The East will be red again, not as the bureaucratic-peasant hallucination of the “Third World Marxists” of the 1960’s and 1970’s, but as a genuine working-class revolt against precisely the forces that used “Third World Marxism”, in the Third World as in the U.S. and Europe, to muddle every social question and advance their social stratum. The remnants of these forces are positioned today in and around the Democratic Party and the trade union bureaucracy, as well as in the anti-globalization movement, readying themselves to again revamp the capitalist system with torrents of “progressive” rhetoric, as they did in the 1930’s and 1940’s.
The only thing that is “progressive” in today’s world is working-class revolution.
Source: August 13th 2003, Break their Haught Power - http://breaktheirhaughtypower.org/review-revolution-in-the-air-by-max-elbaum/
Craftwork
Loren Goldner
In 35 years in leftist politics, I have met many ex-Stalinists and Maoists who became Trotskyists and council communists; I have never met anyone who went in the opposite direction. Once you have played grand master chess, you rarely go back to checkers."
This article is a devastating critique of Maoism.
Entdinglichung
probably in a few points a bit unfair towards Elbaum and his org Rectification/Line of March, they didn't support South Africa in Angola or called for an alliance of the US with "People's China" against the SU ... they were (together with OCIC) more of a kind of pro-Soviet anti-revisionists who produced embarrassing stuff about Afghanistan 79 or Poland 81
btw.: the issue of "The Call" at the top features the report of a visit of CPML's leading member Dan Burstein to "Democratic Kampuchea" in 78, he gave a quite different report to his own party leadership but chose to tell lies to the public, ... he regretted it a few years later
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Only congress may suspend habeas corpus, and only in case of rebellion or invasion
THE PRESIDENT AND HABEAS CORPUS
Ex parte Merryman, 17 Fed. Cas. No. 9487 (1861)
The petitioner, a citizen of Baltimore, was arrested by a military officer acting on the authority of his commanding officer. The petitioner was accused of treason against the United States. The Chief Justice of the Supreme Court, while on Circuit Court duty, issued a writ of habeas corpus directing the commanding officer to deliver the prisoner, and this was refused on the grounds that the officer was authorized by the President to suspend the writ.
Opinion by Mr. Chief Justice Taney while on Circuit Court duty
Question---Can the President suspend the writ of habeas corpus?
Decision---No.
Reason---The Court held that the petitioner was entitled to be set free on the grounds that (1) the President, under the Constitution cannot suspend the privilege of the writ of habeas corpus. This can be done under the Constitution only by Congress, since the provision appears in the Article of the Constitution dealing with Congress, and in a list of limitations on Congress. (2) A military officer cannot arrest a person not subject to the rules and articles of war, except in the aid of civil authority when the individual has committed an offense against the United States. In such a case the military officer must deliver the prisoner immediately to civil authority, to be dealt with according to law.
Paul C. Bartholomew, Summaries of Leading Cases on the Constitution, eighth edition, Littlefield, Adams & Co., Totowa New Jersey, 1973.
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Due to corona ailment in the staff of HSPC there will be no public dealing till Monday i.e. 17/01/2022 Due to Covid guidlines the file will be accepted on the schedule given below. Monday- Ambala, Bhiwani, Faridabad, Charkhi dadri, Fatehabad . Tuesday - Gurugram, Hisar, Jhajjar, Jind. Wednesday- Kaithal Karnal Kurukshetra Mahendergarh NUH Mewat. Thursday- Palwal Panchkula Panipat Rewari. Friday- Rohtak Sirsa Sonipat Yamuna Nagar Timing for recieve of New Registration and Renewal is 10.00Am to 1.30Pm The Office of Haryana State Pharmacy Council has shifted to SCO 208 IInd Floor Sector 14 Panchkula.
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Pharmacy Act 1948
Pharmacy Act 1948 (As modified up to the 1st April, 1987)
[Subordinate legislation being published separately]
LIST OF AMENDING ACTS AND ADAPTATION ORDERS :-
The adaptation of Laws Order, 1950.
The adaptation of Laws (No. 3) Order, 1956.
The pharmacy (Amendment) Act, 1959 (24 of 1959)
The Delegated Legislation Provisions (Amendment) Act, 1985 (4 of 1986).
LIST OF ABBREVIATIONS USED
Abbreviation Full Form
A.O. 1950 Adaptation of Laws Order, 1950.
Cl. Clause.
Ins. Inserted.
P. Page.
Pt. Part.
Reg. Regulation.
S. Section.
Sch. Schedule.
Sec. Section.
Subs. Substituted.
w.e.f. with effect from.
THE PHARMACY ACT, 1948
ARRANGEMENT OF SECTIONS
Chapters Direct link for Acts
Chapter 1 1, 2
Chapter 2 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18
Chapter 3 19 , 20, 21, 22, 23, 24, 25 , 26 , 27 , 28
Chapter 4 29, 30 , 31 , 32, 33 , 34 , 35, 36, 37, 38 , 39 , 40
Chapter 5 41 , 42 , 43 , 44, 45 , 46
Pharmacy Act 1948 - CHAPTER 1
(1) This Act may be called the Pharmacy Act, 1948.
(2) (It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force at once, but Chapters III, IV and V shall take effect in a particular State from such date3 * * * as the State Government may, by notification in the Official Gazette, appoint in this behalf :
(4) (Provided that where on account of the territorial changes brought about by the reorganisation of States on the 1st day of November, 1956, Chapters III, IV and V have effect only in a part of a State, the said Chapters Shall take effect in the remaining part of that State from such date as the State Government may in like manner appoint.)
In this Act, unless there is anything repugnant in the subject or context,-
(a) ''agreement'' means an agreement entered into under section 20;
(b) "approved'' means approved by the Central Council under section 12 or section 14;
(c) ''Central Council'' means the pharmacy Council of India constituted under section3;
(d) ''Central Register'' means the register of pharmacists maintained by the Central Council under section 15A;
(da) ''Executive Committee'' means the Executive Committee of the Central Council or of the State Council, as the context may require ;3 of 1956
(e) ''Indian University'' means a University within the meaning of section 3 of the University Grants Commission Act, 1956 and includes such other institutions, being institutions established by or under a Central Act, as the Central Government may, by notification in the Official Gazette, specify in this behalf;)
1. For Statement of Objects and Reasons, see Gazette of India, 1947, Pt. V, p.469; and for Report of Select Committee, see ibid., 1948, Pt. p.6.
The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s.2 and Sch. I; to Pondicherry by Reg. 7 of 1953, s.3 and Sch. I; to Goa, Daman and Diu by Reg. 11 of 1963, s.3 and Sch. and to Lakshadweep by Reg. 8 of 1965, s.3 and Sch.
The Act has been modified in its a pplication to the States of Maharashtra, Gujrat, Mysore and Rajasthan by S.O. 2814, dated 14-8-1964, Gazette of India, 1964, Extraordinary, Pt. II, Sec. 3(ii), p. 717.
The Act has been modified in its application to the State of Tamil Nadu by the Madras Adaptation of Laws (Central Acts) Order, 1957 and the Madras Adaptation of Laws (Central Acts) Order, 1961.
2. Subs. by Act 24 of 1959, s. 2, for sub-section (2) (w.e.f. 1-5-1960).
3. The words ''not later than three years from the commencement of this Act,'' omitted by s. 2, ibid. (w.e.f. 1-5-1960).
4. Ins. by s. 2, ibid. (w.e.f. 1-5-1960).
5. Subs. by Act 70 of 1976, s. 2, for caluses (c), (d) and (e) (w.e.f. 1-9-1976).
1 [(f) "medical practitioner'' means a person-
(i) holding a qualification granted by an authority specified or notified under section 3 of the Indian Medical Degrees Act, 1916, or specified in the Schedules to the Indian Medical Council Act, 1956; or
(ii) registered or eligible for registration in a medical register of a Statement for the registration of persons practising the modern scientific system of medicine; or
(iii) registered in a medical register of a State, who, although not falling within sub-clause (i) or sub-clause (ii) is declared by a general or special order made by the State Government in this behalf as a person practising the modern scientific system of medicine for the purpose of this Act; or
(iv) register or eligible for registration in the register of dentists fro a State under the Dentists Act, 1948; or
(v) Who is engaged in the practice of veterinary medicine and who possesses qualifications approved by the State Government;)
(g) ''prescribed'' means in Chapter II prescribed by regulations made under section 18, and elsewhere prescribed by rules made under section 46;
2 ((h) ''register'' means a register of pharmacists prepared and maintained under Chapter IV;
(i) ''registered pharmacist'' means a person whose name is for the time being entered in the register of the State in which he is for the time being residing or carrying on his profession or business of pharmacy;
(j) ''State Council'' means a State Council of pharmacy constituted under section 19, and includes a Joint State Council or Pharmacy constituted in accordance with an agreement under section 20;
(k) ''University Grants Commission'' means the University Grants Commission established under section 4 of the University Grants Commission Act, 1956.)
THE PHARMACY COUNCIL OF INDIA
The Central Government shall, as soon as may be, constitute a Central Council consisting of the following members, namely;-
six members, among whom there shall be at least one teacher of each of the subjects, pharmaceutical chemistry, pharmacy, pharmacology and pharmacognosy elected by the 4(University Grants Commission) from among persons on the teaching staff of an Indian University or a College affiliated thereto which grants a degree or diploma in pharmacy;
six members, of whom at least 5(four) shall be persons possessing a degree or diploma in, and practising pharmacy or pharmaceutical chemistry, nominated by the Central Government; one member elected from amongst themselves by the members of the Medical Council of India.
1. Subs. by Act 24 of 1959, s. 3, for cls. (f) (w.e.f. 1-5-1960).
2. Subs. by Act 70 of 1976, s.2, for cls. (h), (i) and (j) (w.e.f.1-9-1976).
3. Cl. (k), ins. by the A.O. 1950 was omitted by Act 24 of 1959, s. 3 (w.e.f. 1-5-1960).
4. Subs. by Act 70 of 1976, s.3, for ''authority known as the Inter-University Board'' (w.e.f. 1-9-1976).
5. Subs. by s.3 ibid., for ''three'' (w.e.f. 1-9-76).
the Director General, Health Services, ex officio or if he is unable to attend any meeting, a person authorised by him in writing to do so;
1((dd) the Drugs Controller, India, ex officio or if he is unable to attend any meeting, a person authorised by him in writing to do so;) the Director of the Central Drugs Laboratory, ex officio;
2((f) a representative of the University Grants commission and a representative of the All India Council for Technical Education;
one member to represent each 3* * * State electea 4(from amongst themselves) by the members of each State Council, who shall be a registered pharmacist;
one member to represent each 3* * * State nominated by 5(the) State Government, who shall be 6* * * a registered pharmacist :
7(Provided that for five years from the date on which the pharmacy (Amendment) Act, 1976 comes into force the Government of each Union territory shall, instead of electing a member under clause (g) nominate one member, being a person eligible for registration under section 31, to represent that territory.)
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 movable, and shall by the said name sue and be sued.
(I) The President and Vice-President of the Central Council shall be elected by the members of the said Council from among themselves.
(2) 10(The President) or Vice-President shall hold office as such for a term not exceeding five years and not extending beyond the expiry of his term as member of the Central Council, but subject to his being a member of the Central Council, he shall be eligible for re-election :
11(Provided that if his term of office as a member of the Central Council expires before the expiry of the full term for which he is elected as President or Vice-President, he shall, if he is re-elected or re-nominated as a member of the Central Council, Continue to hold office as president or Vice-President for the full term for which he is elected to such office.)
Electiions under this Chapter shall be conducted in the prescribed manner and where any dispute arises regarding any such election it shall be referred to the Central Government whose decision shall be final.
1 Ins. by Act 24 of 1959, s. 4 (w.e.f. 1-5-1960).
2 Sub. by Act 70 of 1976, s.3, for cl. (f) (w.e.f. 1-9-1976)
3 The word and letter ''Part A'' omitted by the adaptation of Laws (No. 3) Order, 1956.
4 Ins by Act 70 of 1976, s.3 (w.e.f. 1-9-1975).
''each such''.
6 The words ''either a registered medical practitioner or''
omitted by Act 70 of 1976, s.3 (w.e.f. 1-9-1976).
7 Subs. by s.3, ibid., for the former proviso (w.e.f. 1-9-1976).
8 Explanation omited by s.3, ibid. (w.e.f. 1-9-1976).
9 Proviso omitted by Act 24 of 1959, s.5 (w.e.f. 1-5-1960).
10 Subs. by Act 70 or 1976, s.4 for ''An elected President'' (w.e.f 1-9-1976).
11 Added by S.4, ibid. (w.e.f. 1-9-1976).
Subject to the provisions of this section, a nominated or elected member nomination or election or until his successor has been duly nominated or elected, whichever is longer
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.
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 Central Council, from three consecutive meetings of the Central Council or if he is elected under clause (a), (c) or (g) section 3, if he ceases to be a member of the teaching staff, Medical Council of India or a registered pharmacist, as the case may be.
A casual vacancy in the Central 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.
No act done by the Central 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 Central Council.
Members of the Central Council shall be eligible for re-nomination or re-election.
The Central Council Shall-
appoint a Registrar who shall act as the Secretary to that Council and who may also, if deemed expedient by that Council, act as the Treasurer thereof;
appoint such other officers and servants as that Council deems necessary to enable it to carry out its functions under this Act;
require and take from the Registrar, or any other officer or servant, such security for the due performance of his duties as that Council may consider necessary; and with the previous sanction of the Central Government, fix-
(i) the remuneration and allowances to be paid to the President, Vice-President, and other members of that Council,
(ii) the pay and allowances and other conditions of service of officers and servants of that Council.)
(1) The Central Council shall, as soon as may be, constitute an Executive Committee consisting of the President (who shall be Chairman of the Executive Committee) and Vice-President, ex officio, and five other members elected by the Central Council from amongst its members.
(2) A member of the Executive Committee shall hold office as such until the expiry of his term of office as member of the Central Council, but, subject to his being a member of the Central Council, he shall be eligible for re-election.
(3) In addition to the powers and duties conferred and imposed upon it by this Act the Executive Committee shall exercise and discharge such powers and duties as may be prescribed.
1 The words, ''other than a nominated President'' omitted by Act 70 of 1976, s.5 (w.e.f.15-9-1976).
2 Subs. by s. 6, ibid., for s 8 (w.e.f. 1-9-1976).
1(9A. (1) The Central Council may constitute from among its members other committees for such general or special purpose as that Council may deem necessary and for such periods not exceeding five years as it may specify, and may co-opt for a like period persons, who are not members of the Central Council, as members of such committees.
(2) The remuneration and allowances to be paid to the members of such committees shall be fixed by the Central Council with previous sanction of the Central Government.
(3) The business before such committees shall be conducted in accordance with such regulations as may be made under this Act.)
(1) Subject to the provisions of this section, the Central Council may, subject to the approval of the Central Government, make regulations, to be called the Education Regulations, prescribing the minimum standard of education required for qualification as a pharmacist.
(2) In particular and without prejudice to the generality of the foregoing power, the Education Regulations may prescribe-
(a) the nature and period of study and of practical training to be undertaken before admission to an examination;
(b) the equipment add facilities to be provided for students undergoing approved courses of study;
(c) the subjects of examination and the standards therein to be attained;
(d) any other conditions of admission to examinations.
(3) Copies of the draft of the Education Regulations and of all subsequent amendments thereof shall be furnished by the Central Council to all State Governments, and the Central Council shall before submitting the Education Regulations or any amendment thereof, as the case may be, to the Central Government for approval under sub-section (1) take into consideration the comments of any State Government received within three months from the furnishing of the copies as aforesaid.
(4) The Education Regulations shall be published in the Official Gazette and in such other manner as the Central Council may direct.
(5) The Executive Committee shall from time to time report to the Central Council on the efficacy of the Education Regulations and may recommend to the Central Council such amendments thereof as it may think fit.
At any time after the constitution of the State Council under Chapter III and after consultation with the State Council, the State Government may, by notification in the Official Gazette, declare that the Education Regulations shall take effect in the State :
Provided that where no such declaration has been made, the Education Regulations shall take effect in the State on the expiry of three years from the date of the constitution of the State Council.
(1) Any authority in a State 2* * * which conducts a course of study for pharmacists may apply to the Central Council for approved of the course, and the Central Council, it satisfied, after such enquiry as it thinks fit to make, that the said course of study is in conformity with the Education Regulations, shall declare the said course of study to be an approved course of study for the purpose of admission to an approved examination for pharmacists.
1 Ins. by Act 70 of 1976, s. 7 (w.e.f. 1-9-1976)
2 The words ''of India'' omitted by the A.O. 1950
(2) Any authority in state 1* * * which holds an examination in pharmacy may apply to the Central Council, if satisfied, after such enquiry as it thinks fit to make, that the said examination is in conformity with the Education Regulations, shall declare the said examination to be an approved examination for the purpose of qualifying for registration as a pharmacist under this Act.
(3) Every authority in the States 1* * * which conducts an approved course of study or holds an approved examination shall furnish such information as the Central Council may, from time to time, require as to the courses of study and training and examination to be undergone, as to the ages at which such courses of study and examination are required to be undergone and generally as to the requisites for such courses of study and examination.
(1) Where the Executive Committee reports to the Central Council that an approved course of study or an approved examination does not continue to be in conformity with the Education Regulations, the Central Council shall give notice to the authority concerned of its intention to take into consideration the question of withdrawing the declaration of approval according to the course of study or examination, as the case may be, and the said authority shall within three months from the receipt of such notice forward to the Central Council through the State Government such representation in the matter as it may wish to make.
(2) After considering any representation which may be received from the authority concerned and any observations thereon which the State Government may think fit to make, the Council may declare that the course of study or the examination shall be deemed to be approved only when completed or passed, as the case may be, before a specified date.
The Central Council, if it is satisfied that any qualification in pharmacy granted by an authority outside the 2(territories to which this Act extends) affords a sufficient guarantee of the requisite skill and knowledge, may declare such qualification to be an approved qualification for the purpose of qualifying for registration under this Act, and may for reasons appearing to it sufficient at any time declare that such qualification shall be deemed 3(subject to such additional conditions, if any as may be specified by the Central Council,) to be approved only when granted before or after a specified date :
Provided that no person other than a 4(citizen of India) possessing such qualification shall be deemed to be qualified for registration unless by the law and practice of the State or country in which the qualification is granted, persons of Indian origin holding such qualification are permitted to enter and practice the profession of pharmacy.
All declarations under section 12, section 13 or section 14 shall be made by resolution passed at a meeting of the Central Council, and shall have effect as soon as they are published in the Official Gazette.
5(15A. (1) The Central Council shall cause to be maintained in the prescribed manner a register of pharmacists to be known as the Central Register, which shall contain the names of all persons for the time being entered in the register for a State.
(2) Each State Council shall supply to the Central Council five copies of the register for the State as soon as may be after the first day of April of each year, and the Registrar of each State Council, shall inform the Central Council, without delay, all additions to, and other amendments in, the register for the State made from time to time.
1 The words "of India" omitted by the A.O. 1950.
2 subs. By the Adaptation of Laws (No. 3) Order, 1956, for "Part A States and Part C States" which had been subs. By the A.O. 1950, for "Provinces of India".
4 Subs. By the A.O. 1950, for "British subject of Indian domicile".
(3) It shall be the duty of the Registrar of the Central Council to keep the Central Register in accordance with the orders made by the Central Council, and from time to time to revise the Central Register and publish it in the Gazette of India.
(4) The Central Register shall be deemed to be public document within the meaning of the Indian Evidence Act, 1872 and may be proved by the production of a copy of the Register as published in the Gazette of India.
15(B). The Registrar of the Central Council shall, on receipt of the report of registration of a person in the register for a State, enter his name in the Central Register.)
(1) The Executive Committee may appoint such number of Inspectors as it may deem requisite for the purposes of this Chapter.
2. An Inspector may-
(a) inspect any institution which provides an approved course of study;
(b) attend at any approved examination;
(c) inspect any institution whose authorities have applied for the approval of its course of study or examination under this Chapter, and attend at any examination of such institution.
(3) An Inspector attending at any examination under sub-section (2) shall not interfere with the conduct of the examination, but he shall report to the Executive Committee on the sufficiency of every examination he attends and on any other matter in regard to which the Executive Committee may require him to report.
(4) The Executive Committee shall forward a copy of every such report to the authority or institution concerned., and shall also forward a copy together with any comments thereon which the said authority or institution may have made, to the Central Government and to the Government of the State in which the authority or institution is situated.
(1) The Central Council shall furnish copies of its minutes and of the minutes of the Executive Committee and an annual report of its activities 1* * * to the Central Government.
(2) The Central Government may publish in such manner as it may think fit any report, 2(or copy), furnished to it under this section or under section 16.
3(17A. (1) The Central Council shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in accordance with such general directions as may be issued and in such form as may be specified by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Central Council shall be audited annually by the Comptroller and Auditor-General of India or any person authorised by him in this behalf and any expenditure incurred by him or any person so authorised in connection with such audit shall be payable by the Central Council to the Comptroller and Auditor-General of India.
(3) The Copmtroller and Auditor-General of India and any person authorised by him in connection with the audit of the accounts of the Central Council shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts, and in particular, shall have the right to demand the production of books of accounts, connected vouchers and other documents and papers.
1 The words "together with an abstract of its accounts" omitted by Act 70 of 1976, s. 10 (w.e.f. 1-9-1976).
2 Subs, by s. 10, ibia., for "copy or abstract" (w.e.f. 1-9-1976).
3 Ins. by s. 11, ibid (w.e.f. 1-9-1976)
and Auditor-General of India or any person authorised by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Council which shall forward the same with its comments to the Central Government.)
(1) The Central Council may, with the approval of the Central Government, 1(by notification in the Official Gazette,) make regulations consistent with this Act to carry out the purposes of this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for-
(a) the management of the property of the Central Council;)
(b) the manner in which elections under this Chapter shall be conducted;
(c) the summoning and holding of meetings of the Central Council, the times and places at which such meetings shall be held, the conduct of business thereat and the number of members necessary to constitute a quorum;
(d) the functions of the Executive Committee, the summoning and holding meetings thereof, the times and places at which such meetings shall be held, and the number of members necessary to constitute a quorum;
(e) the powers and duties of the President and Vice-President;
(f) the qualifications, the term of office and the powers and duties of the (Registrar, Secretary), Inspectors and other officers and servants of the Central Council, including the amount and nature of the security to be furnished by the 4(Registrar or any other officer or servant).
5(g) the manner in which the Central Register shall be maintained and given publicity;
(g) constitution and functions of the committees other than Executive Committee, the summoning and holding of meetings thereof, the time and place at which such meetings shall be held, and the number of members necessary to constitute the quorum.)
(3) Until regulations are made by the Central Council under this section, the President may, with the previous sanction of the Central Government, make such regulations under this section, including those to provide for the manner in which the first elections to the Central Council shall be conducted, as may be necessary for carrying into effect the provisions of this Chapter, and any regulations so made may be altered or rescinded by the Central Council in exercise of its powers under this section.
1 (4) Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.)
1 Ins. by Act 4 or 1986, s. 2 and the Sch. (date to be notified).
2 Subs. by Act 70 of 1976, s. 12, for Cl. (a) (w.e.f. 1-9-1976).
3 Subs, by s. 12, ibid., for "Secretary" (w.e.f 1-9-1976).
4 Subs, by s. 12, ibid., for "Treasurer" (w.e.f 1-9-1976).
5 Ins. by s. 12 ibid., (w.e.f. 1-9-1976).
STATE PHARMACY COUNCILS
Except where a Joint State Council is constituted in accordance with an agreement made under section 20, the State Government shall constitute a State Council consisting of the following members, namely:-
(a) six members, elected from amongst themselves by registered pharmacists of the State;
(b) five members, of whom at least 1(three) shall be persons possessing a prescribed degree or diploma in pharmacy or pharmaceutical chemistry or 2(registered pharmacists), nominated by the State Government;
(c) one member elected from amongst themselves by the members of each Medical Council or the Council of Medical Registration of the State, as the ease may be;
(d) the chief administrative medical officer of the State ex. Officio or if he is unable to attend any meeting, a person authorized by him in writing to do so;
3(dd) the officer-in-charge of drugs control organisation of the State under the 4(Drugs and Cosmetics Act, 1940), ex. Officio or if he is unable to attend any meeting, a person authorised by him in writing to do so;)
(e) the Government Analyst under the 4(Drugs and Cosmetics Act, 1940), ex. Officio, or where there is more than one, such one as the State Government may appoint in this behalf :
Provided that where an agreement is made under clause (b) of sub-section (1) of section 20, the agreement may provide that the State Council to serve the needs of the other participating States also shall be augmented by not more than two members, of whom, at least one shall at all times be a person possessing a prescribed degree or diploma in pharmacy or pharmaceutical chemistry or a 5(registered pharmacist), nominated by the Government of each of the said other participating States, and where the agreement so provides, the composition of the State Council shall be deemed to be augmented accordingly.
(1) Two or more State Governments may enter into an agreement to be in force for such period and to be subject to renewal for such further periods, if any as may be specified in the agreement, to provide-
(a) for the constitution of a Joint State Council for all the participating States, or
(b) that the State Council of one State shall serve the needs of the other participating States.
(2) In addition to such matters as are in this Act specified, an agreement under this section may-
(a) provide for the apportionment between the participating States of the expenditure in connection with the State Council or Joint State Council;
(b) determine which of the participating State Governments shall exercise the several functions of the State Government under this Act, and the references in this Act to the State Government shall be construed accordingly;
(c) provide for consultation between the participating State Governments either generally or with reference to particular matters arising under this Act;
(d) make such incidental and ancillary provisions, not inconsistent with this Act, as may be deemed necessary or expedient for giving effect to the agreement.
1 Subs. by Act 70 of 1976, s. 13, for "two") (w.e.f. 1-9-1976.)
2 Subs. ibid., for "members of the pharmaceutical profession" (w.e.f. 1-9-1976).
3 Ins. by Act 24 of 1959, s. 7, (w.e.f. 1-5-1960).
4 Subs. by Act 70 of 1976, s. 13, for "Drugs Act, 1940" (w.e.f. 1-9-1976).
5 Subs by s. 13, ibid, for "member of the pharmaceutical profession" (w.e.f. 1-9-1976).
(3) An agreement under this section shall be published in the Offical Gazettes of the participating States.
(1) A Joint State Council shall consist of the following members, namely :-
(a) such number of members, being not less than three and not more than five as the agreement shall provide elected from amongst themselves by the registered pharmacists of each of the participating States;
(b) such number of members, being not less than two and not more than four as the agreement shall provide, nominated by each participating State Government;
(c) one member elected from amongst themselves by the members of each Medical Council or the Council of Medical Registration of each participating State, as the case may be;
(d) the chief administrative medical officer of each participating State, ex. Officio, or if hi is unable to attend any meeting, a person authorized by him in writing to do so;
1(dd) the officer-in-charge of drugs control organisation of each participating State under the 2(Drugs and Cosmetics Act, 1940), ex. Officio, or if he is unable to attend any meeting, a person authorized by him in writing to do so;)
(e) the Government Analyst under the 2(Drugs and Cosmetics Act, 1940), of each participating State, ex. Officio, or where there is more than one in any such State, such one as the State Government may appoint in this behalf.
(2) The agreement may provide that within the limits specified in clauses (a) and (b) of sub-section (1), the number of members to be elected or nominated under those clauses may or may not be the same in respect of each participating State.
(3) Of the members nominated by each State Government under clause (b) of sub-section (1), 3(more than half) shall be persons possessing a prescribed degree or diploma in pharmacy or pharmaceutical chemistry or 4 (registered pharmacists).
Every State Council shall be a body corporate by such name as may be notified by the State Government in the Official Gazette or, in the case of a Joint State Council, as may be determined in the agreement, having perpetual succession and a common seal, with power to acquire or hold property both movable and immovable and shall by the said name sue and be sued
(1) The President and Vice-President of the State Council shall be elected by the members from amongst themselves :
Provided that for five years from the first constitution of the State Council the President shall be a person nominated by the State Government who shall hold office at the pleasure of the State Government and where hi is not already a member, shall be a member of the State Council in addition to the members referred to in section 19 or section 21, as the case may be.
(2) 5(The President) or Vice-President shall hold office as such for a term not exceeding five years and not extending beyond the expiry of his term as a member of the State Council, but subject to his being a member of the State Council, he shall be eligible for re-election :
3 Subs. by s. 14, ibid., for "at least half" (w.e.f. 1-9-1976).
4 Subs. by s. 14, ibid., for "members of the pharmaceutical profession" (w.e.f. 1-9-1976).
5 Subs. by s. 15 ibid., for "An elected President" (w.e.f. 1-9-1976).
1 (Provided that if his term of office as a member of the State Council expires before the expiry of the full term for which he is elected as President or Vice-President, he shall, if he is re-elected or re-nominated as a member of the State Council, continue to hold office for the full term for which he is elected as President or Vice-President.)
Elections under this Chapter shall be conducted in the prescribed manner, and where any dispute arises regarding any such election, it shall be referred to the State Government whose decision shall be final.
(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 on, only for the remainder of the term for which the member whose place he takes was nominated selected.
(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.
The State Council may, with the previous sanction of the State Government–
(a) appoint a Registrar Who shall also act a s Secretary and, if so decided by the State Council, Treasurer, of the State Council;
(b) appoint such other officers and servants as may be required to enable the State Council to carry out its functions under this Act;
(c) fix the salaries and allowances and other conditions of service of the secretary and other officers and servants of the State Council;
(d) fix the rates of allowances payable to members of the State Council :
Provided that for the first four years from the first constitution of the State Council, the Registrar shall be a person appointed by the State Government, who shall hold office during the pleasure of the State Government.
2 (26A. (1) A State Council may, with the previous action of the State Government, appoint Inspectors having the prescribed qualification for the purposes of Chapters III, IV and V of this Act
(2) A Inspector may-
(a) inspect any premises where drugs are compounded or dispensed and submit a written report to the Registrar;
(b) enquire whether a person who is engaged in compounding or dispensing of drugs is a registered pharmacist;
1Added by Act 70 of 1976, s. 15, (w.e.f. 1-9-1976)
(c) investigate any complaint made in writing in respect of any contravention of this Act and report to the Registrar;
(d) institute prosecution under the order of the Executive Committee of the State Council;
(e) exercise such other powers as may be necessary for carrying out the purposes of Chapters III, IV and V of this Act or any rules made thereunder.
(3) Any person willfully obstructing an Inspector in the exercise of the powers conferred on him by or under this Act or any rules made thereunder shall be punishable with imprisonment for a term which may extend to six months, or with fine not exceeding one thousand rupees, or with both.
(4) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.)
(1) The State Council shall, as soon as may be, constitute an Executive Committee consisting of the President (who shall be Chairman of the Executive Committee) and Vice-President, ex. Officio, and such number of other members elected by the State Council from amongst themselves as may be prescribed.
(2) A member of the Executive Committee shall hold office as such until the expiry of his term of office as member of the State Council, but, subject to his being a member of the State Council, he shall be eligible for re-election.
(3) In addition to the powers and duties conferred and imposed, upon it by this Act, the Executive Committee shall exercise and discharge such powers and duties as may be prescribed.
(1) The State Council shall furnish such reports, copies of its minutes and of the minutes of the Executive Committee, and abstracts of its accounts to the State Government as the State Government may from time to time require and copies thereof shall be sent to the Central Council.
(2) The State Government may publish, in such manner as it may think fit, any report, copy, abstract or other information furnished to it under this section.
REGISTRATION OF PHARMACIESTS
(1) As soon as may be after this Chapter has taken effect in any State, the State Government shall cause to be prepared in the manner hereinafter provided a register of pharmacists for the State.
(2) The State Council shall as soon as possible after it is constituted assume the duty of maintaining the register in accordance with the provisions of this Act.
(3) The register shall include the following particulars, namely :-
(a) the full name and residential address of the registered person;
(b) the date of his first admission to the register;
(c) his qualifications for registration;
(d) his professional address, and if he is employed by any person, the name of such person;
(e) such further particulars as may be prescribed.
(1) For the purpose of preparing the first register, the State Government shall by notification in the Official Gazette constitute a Registration Tribunal consisting of three persons, and shall also appoint a Registrar who shall act as Secretary of the Registration Tribunal.
(2) The State Government shall, by the same or a like notification, appoint a date on or before which applications for registration, which shall be accom0anied by the prescribed fee, shall be made to the Registration Tribunal.
(3) The Registration Tribunal shall examine every application received on or before the appointed date, and if it is satisfied that the applicant is qualified for registration under section 31, shall direct the entry of the name of the applicant on the register.
(4) The first register so prepared shall thereafter be published in such manner as the State Government may direct, and any person aggrieved by a decision of the Registration Tribunal expressed or implied in the register as so published may, within sixty days from the date of such publication, appeal to an authority appointed by the State Government in this behalf by notification in the Official Gazette.
(5) The Registrar shall amend the register in accordance with the decisions of the authority appointed under sub-section (4) and shall thereupon issue to every person whose name is entered in the register a certificate of registration in the prescribed form.
(6) Upon the constitution of the State Council, the register shall be given into its custody, and the State Government may direct that all or any specified part of the application fees for registration in the first register shall be paid to the credit of the State Council.
1(A person who has attained the age of eighteen years shall be entitled ) on payment of the prescribed fee to have his name entered in the first register if he resides, or carries on the business or profession of pharmacy, in the State and if he-
(a) holds a degree or diploma in pharmacy or pharmaceutical chemistry or a chemist and druggist diploma of an Indian University or a State Government, as the case may be, or a prescribed qualification granted by an authority outside 2* * * India, or
(b) holds a degree of an Indian University other than a degree in pharmacy or pharmaceutical chemistry, and has been engaged in the compounding of drugs in a hospital or dispensary or other place in which drugs are regularly dispensed on prescriptions of medical practitioners for a total period of not less than three years, or
(c) has passed an examination recognized as adequate by the State Government for compounders or dispensers, or
(d) has been engaged in the compounding of drugs in a hospital or dispensary or other place in which drugs are regularly dispensed on prescriptions of medical practitioners for a total period of not less than five years prior to the date notified under sub-section (2) of section 30.
(1) After the date appointed under sub-section (2) of section 30 and before the Education Regulations have, by or under section 11, taken effect in the State, 3(a person who has attained the age of eighteen years shall on payment of the prescribed fee) be entitled to have his name entered in the register if he resides or carries on the business or profession of pharmacy in the register if he resides or carries on the business or profession of pharmacy in the State and if he-
(a) satisfies the conditions prescribed with the prior approval of the Central Council, or where no conditions have been prescribed, the conditions entitling a person to have his name entered on the first register as set out in section 31, or
(b) is a registered pharmacist in another State, or
(c) possesses a qualification approved under section 14 :
1 Subs. by Act 24 of 1959, s. 9, for :A person shall be entitled." (w.e.f. 1-5-1960).
2 The words "the Provinces of" omitted by the A.O. 1950.
3 Subs. by Act 24 of 1959, a. 10, for "a person shall on payment of the prescribed fee" (w.e.f. 1-5-1960).
Provided that no person shall be entitled 1(under clause (a) or clause (c) ) to have his name entered on the register unless he has passed a matriculation examination.
(2) After the Education Regulations have by or under section 11 taken effect in the State, a person shall on payment of the prescribed fee be entitled to have his name entered on the register if he has attained the age of 2(eighteen years), if he resides, or carries on the business or profession of pharmacy, in the State and if he has passed an approved examination or possesses a qualification approved under section 14 3 (or is a registered pharmacist in another State).
4(32A. (1) Notwithstanding anything contained in section 32, a State Council may also permit to be entered on the register-
(a) the names of displaced persons who have been carrying on the business or profession of pharmacy as their principal means of livelihood from a date prior to the 4th day of March, 1948, and who satisfy the conditions for registration as set out in section 31;
(b) the names of citizens of India who have been carrying on the business or profession of pharmacy in any country outside India and who satisfy the conditions for registration as set out in section 31;
(c) the names of persons who resided in an area which has subsequently out in section 31;
(d) the names of persons who carry on the business or profession of pharmacy in the State, and
(I) would have satisfied the conditions for registration as set out in section 31, on the date appointed under sub-section (2) of section 30, had they applied for registration on or before that date; or
(ii) have been engaged in the compounding of drugs in a hospital of dispensary or other place in which drugs are regularly dispensed on prescriptions of medical practitioners as defined in sub-clause (iii) of clause (f) of section 2 for a total period of not less than five years prior to the date appointed under sub-section (2) of section 30;
(e) the names of persons who were qualified to be entered in the register for a State as it existed immediately before the 1st day of November, 1956, but who, by reason of the area in which they resided or carried on their business or profession of pharmacy having become part of a State as formed on that date, are not qualified to be entered in the register for the latter State only by reason of their not having passed either a matriculation examination or an examination prescribed as being equivalent to a matriculation examination or an approved examination or of their not possessing a qualification approved under section 14;
(f) the names of persons-
(I) who were included in the register for a State as it existed immediately before the 1st day of November, 1956; and
(ii) who, by reason of the area in which they resided or carried on their business or profession of pharmacy having become part of a State as formed on that date, reside or carry on such business or profession in the latter State;
(g) the names of persons who reside or carry on their business or profession of pharmacy in an area in which this Chapter takes effect after the commencement of the Pharmacy (Amendment) Act, 1959, and who satisfy the conditions for registration as set out in section 31.
1 Subs, by Act 24 of 1959, s. 10, for "under this sub-section" (w.e.f. 1-5-1960)
2 Subs, by s. 10, ibid., for "twenty-one years" (w.e.f. 1-5-1960)
3 Ins. by s. 10, ibid., (w.e.f. 1-5-1960)
(2) Any person who desires his name to be entered in the register in pursuance of sub-section (7) shall make an application in that behalf to the State Council, and such application shall be accompanied by the prescribed fee.
(3) The provisions of this section shall remain in operation for a period of two years from the commencement of the Pharmacy (Amendment) Act, 1959;
Provided that the State Government may, by notification in the Official Gazette, extend the period of operation of clause (a), clause (b) or clause (c) of sub-section (I) by such further period or periods, not exceeding two years in the aggregate, as may be specified in the notification.
Explanation 1. - For the purposes of clause (a) of sub-section (I), "displaced person" means any person who on account of the setting up of the Dominions of India and Pakistan or on account of civil disturbances or the fear of such disturbances in any area now forming part of Pakistan, has, on or after the 1st day of March, 1947, left or been displaced from his place of residence in such area and who has since then been residing in India.
Explanation 2. - For the purposes of clauses (b), and (g) of sub-section (I), the period referred to in clause (d) of section 31 shall be computed with reference to the date of application.]
1[32B. (I) Notwithstanding anything contained in section 32 or section 32A, a State Council may permit to be entered on the register-
(a) the names of persons who possess the qualifications specified in clause (a) or clause (c) of section 31 and who were eligible for registration between the closing of the First Register and the date when the Education Regulations came into effect;
(b) the names of persons approved as "qualified persons" before the 31st December, 1969 for compounding or dispensing of medicines under the Drugs and Cosmetics Act, 1940 and the rules made thereunder;
(c) the names of displaced persons or repatriates who were carrying on business or profession of pharmacy as their principal means of livelihood in any country outside India for a total of not less than five years from a date prior to the date of application for registration.
Explanation,- In this sub-section,-
(I) "displaced person" means any person who, on account of civil disturbances or the fear of such disturbances in any area now forming part of Bangladesh, has ,after the 14th day of April, 957 but before the 25th day of March, 1971, left, or has been displaced from, his place of residence in such area and who has since then been residing in India;
(ii) "repatriate" means any person of Indian origin who, on account of civil disturbances or the fear of such disturbances in any area now forming part of Burma, Sri Lanka or Uganda, or any other country has, after the 14th day of April, 1957, left or has been displaced from, his place of residence in such are and who has since then been residing in India.
(2) The provisions of clauses (a) and (b) of sub-section (I) shall remain in operation for a period of two years from the commencement of the Pharmacy (Amendment) Act, 1976.]
(1) After the date appointed under sub-section (2) of section 30, applications for registration shall be addressed to the Registrar of the State Council and shall be accompanied by the prescribed fee.
(2) If upon such application the Registrar is of opinion that the applicant is entitled to have his name entered in the register under the provisions of this Act for the time being applicable, he shall enter the name of the applicant in the register :
1 Ins. by Act 70 of 1976, s. 17 (w.e.f. 1-9-1976)
Provided that no person whose name has under the provisions of this Act been removed from the register of any State shall be entitled to have his name entered in the register except with the approval of the State Council recorded at a meeting.
(3) Any person whose application for registration is rejected by the Registrar, may within three months from the date of such rejection appeal to the State Council, and the decision of the State Council thereon shall be final.
(4) Upon entry in the register of a name under this section, the Registrar shall issue a certificate of registration in the prescribed form.1
(1) The State Government may, by notification in the Official Gazette, direct that for the retention of a name on the register after the 31st day of December of the year following the year in which the name is first entered on the register, there shall be paid annually to the State Council such renewal fee as may be prescribed, and where such direction has been made, such renewal fee shall be due to be paid before the first day of April of the year to which it relates.
(2) Where a renewal fee is not paid by the due date, the Registrar shall remove the name of the defaulter from the register :
Provided that a name so removed may be restored to the register on such conditions as may be prescribed.
(3) On payment of the renewal fee, the Registrar shall 2[issue a receipt therefor and such receipt shall be proof of renewal of registration.]
A registered pharmacist shall on payment of the prescribed fee be entitled to have entered in the register any further degrees or diplomas in pharmacy or pharmaceutical chemistry which he may obtain.
(1) Subject to the provisions of this section, the Executive Committee may order that the name of a registered pharmacist shall be removed from the register, where it is satisfied, after giving him a reasonable opportunity of being heard and after such further inquiry, if any, as it may think fit to make,-
(I) that his name has been entered in the register by error or on account of misrepresentation or suppression of a material fact, or
(ii) that he has been convicted of any offence or has been quilty of any infamous conduct in any professional respect which in the opinion of the Executive Committee, renders him unfit to be kept in the register, or
(iii) that a person employed by him for the purposes of his business of pharmacy 3[or employed to work under him in connection with any business of pharmacy] has been convicted of any such offence or has been guilty of any such infamous conduct as would, if such person were a registered pharmacist, render him liable to have his name removed from the register under clause (ii) :
Provided that no such order shall be made under clause (iii) unless the Executive Committee is satisfied -
(a) that the offence or infamous conduct was instigated or connived at by the registered pharmacist, or
(b) that the registered pharmacist has at any time during the period of twelve months immediately proceeding the date on which the offence or infamous conduct took place committed a similar offence or been quilty of similar infamous conduct, or 1 In its application to the State of Andhra Pradesh, s. 33A has been inserted by the Andhra Adaptation of Laws (Second Amendment) Order, 1954.
In its application to the State of Madras, S. 33A has been inserted by the Adaptation of Laws Order, 1954 and later subs, by the Madras (Added Territories) Adaptation of Laws Order, 1961.
2 Subs, by Act 24 of 1959, s. 12, for "in the prescribed maner endorse the certificate of registration accordingly" (w.e.f. 1-5-1960)
2 Ins. by, s. 13, ibid. (w.e.f. 1-5-1960)
(c) that any person employed by the registered pharmacist for the purposes of his business of pharmacy 1[or employed to work under him in connection with any business of pharmacy] has at any time during the period of twelve months immediately preceding the date on which the offence or infamous conduct took place, committed a similar offence or been guilty of similar infamous conduct, and that the registered pharmacist had, or reasonably ought to have had, knowledge of such previous offence or infamous conduct, or
(d) that where the offence or infamous conduct continued over a period, the registered pharmacist had, or reasonably ought to have had, knowledge of the continuing offence or infamous conduct, or
(e) that where the offence is an offence under the 2[Drugs and Cosmetics Act 1940], the registered pharmacist has not used due diligence in enforcing compliance with the provisions of that Act in his place of business and by persons employed by him 3 [or by persons under his control].
(2) An order under sub-section (I) may direct that the person whose name is ordered to be removed from the register shall be ineligible for registration registration in the State under this Act either permanently or for such period as may be specified.
(3) An order under sub-section (I) shall be subject to confirmation by the State Council and shall not take effect until the expiry of three months from the date of such confirmation.
(4) A person aggrieved by an order under sub-section (I) which has been confirmed by the State Council may, within thirty days from the communication to him of such confirmation, appeal to the State Government, and the order of the State Government upon such appeal shall be final.
(5) A person whose name has been removed from the register under this section or under sub-section (2) of section 34 shall forthwith surrender his certificate of registration to the Registrar, and the name so removed shall be published in the Official Gazette.
The State Council may at any time for reasons appearing to it sufficient order that upon payment of the prescribed fee the name of a person removed from the register shall be restored thereto :
Provided that where an appeal against such removal has been rejected by the State Government, an order under this section shall not
take effect until it has been confirmed by the State Government.
No order refusing to enter a name on the register or removing a name from the register shall be called in question in any Court.
Where it is shown to the satisfaction of the Registrar tat a certificate of registration has been lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a duplicate certificate in the prescribed form.
(1) As soon as may be after the 1st day of April subsequent to the commencement of the Pharmacy (Amendment) Act, 1959, the Registrar shall cause to be printed copies of the register as it stood on the said date.
(2) The Registrar shall thereafter cause to be printed as soon as may be after the 1st day of April in each year copies of the annual supplement to the register referred to in sub-section (I), showing all additions to, and other amendments, in, the said register.
1 Ins. by Act 24 of 1959, s. 13 (w.e.f. 1960)
2 Subs, by Act 70 of 1976, s. 18, for "Drugs Act, 1940" (w.e.f. 1-9-1976)
3.Ins, by Act 24 of 1959, s. 13 (wq.e.f. 1-5-1960)
4 Subs, by s. 14, ibid., for s. 40 (w.e.f. 1-5-1960)
(3) (a) The register shall be brought up-to-date three months before ordinary elections to the State Council are held and copies of this register shall be printed.
(b) The provisions of sub-section (2) shall apply to the register as so printed as they apply to the register referred to in sub-section (I).
(4) The copies referred to in sub-section (I) or sub-section (2) or sub-section (3) shall be made available to persons applying therefor on payment of the prescribed charge and shall be evidence that on the date referred to in the register or annual supplement, as the case may be, the persons whose names are entered therein were registered pharmacists.
(1) If any person whose name is not for the time being entered in the register of the State falsely pretends that it is so entered or uses in connection with his name is son entered, he shall be punishable on first conviction with fine which may extend to five hundred rupees and on any subsequent conviction with imprisonment extending to six months or with fine not exceeding one thousand rupees or with both :
Provided that it shall be a defence to show that the name of the accused is entered in the register of another State and that at the time of the alleged offence under this section an application for registration in the State had been made.
(2) For the purposes of this section –
(a) it shall be immaterial whether or not any person is deceived by such pretence or use as aforesaid;
(b) the use of the description "pharmacist", "chemist", "druggist", "pharmaceutist", "dispenser", "dispensing chemist", or any combination of such words 3[or of any such word with any other word] shall be deemed to be reasonably calculated to suggest that the person using such description is a person whose name is for the time being entered in the register of the State;
(c) the onus of proving that the name of a person is for the time being entered in the register of a State shall be on him who asserts it.
(3) Congnizance of an offence punishable under this section shall not be taken except upon complaint made by order of the Sate Government or 1[any officer authorized in this behalf by the State Government or by order of] the Executive Committee of the State Council.
(1) On or after such date as the State Government may by notification in the Official Gazette appoint in this behalf, no person othe than a registered pharmacist shall compound prepare, mix, or dispense any medicine on the prescription of a medical practitioner 2* * * :
Provided that this sub-section shall not apply to the dispensing by a medical practitioner of medicine for his own patients, or with the general or special sanction of the State Government, for the patients of another medical practitioner :
3 [Provided further that where no such date is appointed by the Government of 4[eight years] from the commencement of the Pharmacy (Amendment) Act, 1976.
1. Ins. by Act 24 of 1959, s. 15 (w.e.f. 1-5-1960)
2. The words "except under the direct and personal supervision of a registered pharmacist"
omitted by s. 16, ibid. (w.e.f. 1-5-1960)
3. Added by Acty 70 of 1976, s. 19 (w.e.f. 1-9-1976)
by Act 22 of 1982, s. 2, for "five years" (w.e.f. 1-9-1978)
(2) Whoever contravences the provisions of sub-section (I) shall be punishable with imprisonment for a term which may extend to six months, or with fine not exceeding on thousand rupees or with both.
(3) Cognizance of an offence punishable under this section shall not be taken except upon complaint made by 1 [order of the State Government or any officer authorised in this behalf by the State Government, or by order of the Executive Committee of the State Council.]
(1) If any person whose name has been removed from the register fails without sufficient cause forthwith to surrender his certificate of registration, he shall be punishable with fine which may extend to fifty rupees.
(2) Cognizance of an offence punishable under this section shall not be taken except upon complaint made by an order of the Executive Committee.
The State Council shall before the end of June in each year pay to the Central Council a sum equivalent to one-fourth of the total fees realised by the State Council under this Act during the period of twelve months ending on the 31st day of March of that year.
(1) Whenever is appears to the Central Government that the Central Council is not complying with any of the provisions of this Act, the Central Government may appoint a Commission of Enquiry consisting of three persons, two of whom shall be appointed by the Central Government, one being the Judge of a high Court, and one by the Council; and refer to it the matters on which the enquiry is to be made.
(2) The Commission shall proceed to enquire in such manner as it may deem fit and report to the Central Government on the matters referred to it together with such remedies, if any, as the Commission may like to recommend.
(3) The Central Government may accept the report or remit the same to the Commission for modification or reconsideration.
(4) After the report is finally accepted, the Central Government may order the Central Council to adopt the remedies so recommended within such time as may be specified in the order and if the Council fails to comply within the time so specified, the Central Government may pass such order or take such action as may be necessary to give effect to the recommendations of the Commission.
(5) Whenever it appears to the State Government that the State Council is not complying with any of the provisions of this Act, the State Government may likewise appoint a similar Commission of Enquiry and pass such order or take such action as specified in sub-sections (3) and (4).
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of Chapters, III, IV and V.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for –
(a) the management of the property of the State Council, and the main tenance and audit of its accounts;
(b) the manner in which elections under Chapter III shall be conducted;
1 Subs. by Act 24 of 1959, s. 16, for "an order of the State Government" (w.e.f. 1-5-1960)
(c) the summoning and holding of meetings of the State Council, the times and places at which such meetings shall be held, the conduct of business thereat and the number of members necessary to form a quorum;
(d) the powers and duties of the President and Vice-President of the State Council;
(e) the constitution and functions of the Executive Committee, the summoning and holding of meetings thereof, the times and places at which such meetings shall be held, and the number of members necessary to constitute a quorum;
(f) the qualifications, the term of office and the powers and duties of the Registrar and other officers and servants of the State Council, including the amount and nature of the security to be given by the Treasurer;
1 [(ff) the qualifications, powers and duties of an Inspector;]
(g) the particulars to be stated, and the proof of qualifications to be given, in applications for registration under Chapter IV;
(h) the conditions for registration under sub-section (I) of section 32;
(I) fees payable under Chapter IV and the charge for supplying copies of the register;
(j) the form of certificates of registration 2* * *;
(k) the maintenance of a register;
3[(kk) the conduct of pharmacists and their duties in relation to medical practitioners, the public and the profession of pharmacy;]
(l) any other matter which is to be or may be prescribed under Chapters III, IV and V except sub-sections (1), (2), (3) and (4) of section 45.
4[(3) Every rule made by the State Government under this section shall be laid as soon as may be after it is made, before the State Legislature.]
2. The words "are the manner of endorsement of renewals thereof" omitted by Act 24 of 1959, s. 17 (w.e.f. 1-5-1976).
3. Ins. by s. 17, ibid. (w.e.f. 1-5-1960)
4. Ins. by act 4 of 1985 s. 2 and the Sch. (w.e.f. 15-5-1986)
Head Office Haryana State Pharmacy Council
SCO 208, IInd Floor, Sector 14, Panchkula.
Ph. - 0172-2587622, 08699055894
(For Enquiry 09:30 to 13:15 & 14:15 to 16:30 only)
Email - haryanastatepharmacycouncil@gmail.com
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