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

Chapter IV : Conduct of Pharmaceutical Practice

37. Continuation of pharmacy business of person registered in terms of this Act by executor, trustee, liquidator, curator, or judgment creditor

 

Notwithstanding anything to the contrary in this Act contained—

(a) the person responsible for reporting the estate of a person who owns a pharmacy and registered in terms of this Act to the Master, or the executor of the deceased estate of such person who owns a pharmacy may, subject to the laws relating to the administration of estates, for a period not exceeding 12 months after the death of such person who owns a pharmacy, and for an additional period not exceeding 12 months, continue the pharmacy business of the deceased, and such pharmacy business shall be conducted under the continuous personal supervision of a pharmacist;
(b) the executor shall, within 30 days of his or her appointment, inform the council by registered mail of his or her appointment and of the name and registration number of the pharmacist who shall be responsible to the council in respect of the pharmacy business referred to in paragraph (a);
(c) the trustee in the insolvent estate of a pharmacist registered in terms of this Act or the liquidator of a body corporate entitled to carry on business as a pharmacist may, subject to applicable laws, for a period not exceeding 12 months after such a final sequestration order or final liquidation order, and for such additional period as the council may allow, continue the business of such a pharmacist or body corporate, and such business shall be conducted under the continuous personal supervision of a pharmacist;
(d) the trustee or liquidator shall, within 30 days of his or her appointment, deliver, by hand or registered mail, to the council the sequestration or liquidation order, as the case may be, referred to in paragraph (c), and the trustee or the liquidator shall inform the council, in writing, of the name and registration number of the pharmacist who shall be responsible to the council in respect of the business referred to in paragraph (c);
(e) the curator of the estate of a person who is carrying on business as a pharmacist but who has been declared incapable of managing his or her affairs by an order of court, may, subject to applicable laws, for a period not exceeding 12 months after the order has been given and for such additional period as the council may allow, continue such pharmacy business, and such pharmacy business shall be conducted under the continuous personal supervision of a pharmacist;
(f) the curator referred to in paragraph (e) shall, within 30 days from the date on which the order was made, deliver, by hand or registered mail, such order to the council, and the curator shall inform the council, in writing, of the name and registration number of the pharmacist who shall be responsible to the council in respect of the business referred to in paragraph (e);
(g) the judicial manager or a judgment creditor of a body corporate carrying on business as a pharmacist may, subject to applicable laws, for a period not exceeding the period of judicial management or six months from the date on which the attachment order was made in the case of a judgment creditor, subject to conditions determined by the council, continue such pharmacy business, and such pharmacy business shall be conducted under the continuous personal supervision of a pharmacist;
h) the judicial manager or judgment creditor referred to in paragraph (g) shall, within 30 days of the granting or discharge of the order, deliver, by hand or registered mail, such order to the council, and such judicial manager or judgment creditor shall inform the council, in writing, of the name and registration number of the pharmacist who shall be responsible to the council in respect of the pharmacy business referred to in paragraph (e).