GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE (Department of Health) PPT/PDF

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GOVERNMENT OF INDIA

 

MINISTRY OF HEALTH AND FAMILY
WELFARE

 

 

(Department of Health)

 

THE DRUGS AND COSMETICS ACT
AND RULES

 

THE DRUGS AND COSMETICS ACT, 1940

 

(23 OF 1940)

st

(As amended up to the 31 December, 2016)

 

and

 

THE DRUGS AND COSMETICS RULES, 1945

st

(As amended up to the 31 December, 2016)

1

 

 

LIST OF ABBREVIATIONS USED

A.O. 1950 ……………………………… For Adaptation of Laws Order, 1950
Cl. …………………………………. . … ‖ Clause
Ins. …………………………………….. ‖ Inserted
P. ……………………………………… ‖ Page
Pt. ……………………………………… ‖ Part
Reg. …………………………………….. ‖ Regulation
Rep. …………………………………… ‖ Repealed
S. ……………………………………… ‖ Section
Sch. ……………………………………. ‖ Schedule
Sec. ……………………………………… ‖ Section
Subs. …………………………………… ‖ Substituted
w.e.f. …………………………………… ‖ With effect from

CONTENTS

Pages

 

The Drugs and Cosmetics Act, 1940 (23 of 1940) …………. 1−30

The Drugs and Cosmetics Rules, 1945 ……. . . ……………… 31−546

2

 

 

iii

THE DRUGS AND COSMETICE ACT, 1940

CHAPTER I

INTRODUCTORY

Sections

1. Short title, extent and commencement.

2. Application of other laws not barred.

3. Definitions.

3A. Construction of references to any law not in force or any
functionary not in existence in the State of Jammu and Kashmir.

 

4. Presumption as to poisonous substances.

CHAPTER II

THE DRUGS TECHNICAL ADVISORY BOARD, THE CENTRAL DRUGS LABORATORY

AND THE DRUGS CONSULTATIVE COMMITTEE

5. The Drugs Technical Advisory Board.

6. The Central Drugs Laboratory.

7. The Drugs Consultative Committee.

7A. Sections 5 and 7 not to apply to Ayurvedic, Siddha or Unani
drugs.

 

CHAPTER III

IMPORT OF DRUGS AND COSMETICS

8. Standards of quality.

9. Misbranded drugs.

9A. Adulterated drugs.

9B. Spurious drugs.

9C. Misbranded cosmetics.

9D. Spurious cosmetics.

10. Prohibition of import of certain drugs or cosmetics.

10A. Power of Central Government to prohibit import of drugs and
cosmetics in public interest.

 

11. Application of law relating to sea customs and powers of
Customs officers.

 

12. Power of Central Government to make rules.

13. Offences.
14. Confiscation.
15. Jurisdiction.

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Drugs and Cosmetics Act, 1940

CHAPTER IV

MANUFACTURE, SALE AND DISTRIBUTION OF DRUGS AND
COSMETICS

Sections

16. Standards of quality.
17. Misbranded drugs.

17A. Adulterated drugs.
17B. Spurious drugs.
17C. Misbranded cosmetics.
17D. Spurious cosmetics.
18. Prohibition of manufacture and sale of certain drugs

and cosmetics.
18A. Disclosure of the name of the manufacturer, etc.
18B. Maintenance of records and furnishing of information.
19. Pleas.
20. Government Analysts.
21. Inspectors.
22. Powers of Inspectors.
23. Procedure of Inspectors.
24. Persons bound to disclose place where drugs or cosmetics

are manufactured or kept.
25. Reports of Government Analysts.
26. Purchaser of drug or cosmetic enabled to obtain test or analysis.

26A. Power of Central Government to prohibit manufacture, etc.,
of drug and cosmetic in public interest.

27. Penalty for manufacture, sale, etc., of drugs in contravention
of this Chapter.

27A. Penalty for manufacture, sale, etc., of cosmetics in
contravention of this Chapter.

28. Penalty for non-disclosure of the name of the manufacturer, etc.
28A. Penalty for not keeping documents, etc., and for non-disclosure

of information.
28B. Penalty for manufacture, etc. of drugs or cosmetics

in contravention of section 26A.
29. Penalty for use of Government Analyst‘s report for advertising.
30. Penalty for subsequent offences.
31. Confiscation.

31A. Application of provisions to Government departments.
32. Cognizance of offences.

32A. Power of Court to implead the manufacturer, etc.
33. Power of Central Government to make rules.

33A. Chapter not to apply to Ayurvedic, Siddha or Unani drugs.

CHAPTER IV A

PROVISIONS RELATING TO AYURVEDIC SIDDHA AND UNANI DRUGS

33B. Application of Chapter IV A.

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Drugs and Cosmetics Act, 1940

Sections

33C. Ayurvedic, Siddha and Unani Drugs Technical
Advisory Board.

33D. The Ayurvedic, Siddha and Unani Drugs Consultative
Committee.

33E. Misbranded drugs.
33EE. Adulterated drugs.

33EEA. Spurious drugs.
33EEB. Regulation of manufacture for sale of Ayurvedic,

Siddha and Unani drugs.
33EEC. Prohibition of manufacture and sale of certain

Ayurvedic, Siddha and Unani drugs.
33EED. Power of Central Government to prohibit manufacture,

etc., of Ayurvedic, Siddha or Unani drugs in public
interest.

33F. Government Analysts.
33G. Inspectors.
33H. Application of provisions of sections 22, 23, 24 and

25.
33-I. Penalty for manufacture, sale, etc., of Ayurvedic,

Siddha or Unani drugs in contravention of this
Chapter.

33J. Penalty for subsequent offences.
33K. Confiscation.
33L. Application of provisions to Government departments.
33M. Cognizance of offences.
33N. Power of Central Government to make rules.
33O. Power to amend First Schedule.

CHAPTER V

MISCELLANEOUS

33P. Power to give directions.
34. Offences by companies.

34A. Offences by Government departments.
34AA. Penalty vexatious search or seizure.

35. Publication of sentences passed under this Act.
36. Magistrate‘s power to impose enhanced penalties.

36A. Certain offences to be tried summarily.
37. Protection of action taken in good faith.
38. Rules to be laid before Parliament.

THE FIRST SCHEDULE.

THE SECOND SCHEDULE.

5

 

 

 

1 Drugs and Cosmetics Act, 1940

THE DRUGS AND COSMETICS ACT, 1940

1
(23 OF 1940)

[10th April, 1940.]

2

An Act to regulate the import, manufacture, distribution and sale of drugs [and cosmetics];
3 2

WHEREAS it is expedient to regulate the [import, manufacture, distribution and sale] of drugs [and
cosmetics];

AND WHEREAS the Legislature of all the Provinces have passed resolutions in terms of section 103
of the Government of India Act, 1935 (26 Geo. 5, c.2), in relation to such of the above-mentioned
matters and matters ancillary thereto as are enumerated in List II of the Seventh Schedule to the said Act;

It is hereby enacted as follows:-

CHAPTER I
INTRODUCTORY

2

1. Short title, extent and commencement.⎯ (1) This Act may be called the Drugs [and Cosmetics]

Act, 1940.

4
(2) It extends to the whole of India [ * * *].

5
(3) It shall come into force at once; but Chapter III shall take effect only from such date as the

Central Government may, by notification in the Official Gazette, appoint in this behalf, and Chapter IV shall
5

take effect in a particular State only from such date as the State Government may, by like notification,
appoint in this behalf:

6
[Provided that in relation to the State of Jammu and Kashmir, Chapter III shall take effect only from

10
such date after the commencement of the Drugs and Cosmetics (Amendment) Act, 1972 (19 of 1972), as
the Central Government may, by notification in the Official Gazette, appoint in this behalf.]

 

2. Application of other laws not barred.- The provisions of this Act shall be in addition to and not in
derogation of, the Dangerous Drugs Act, 1930 (2 of 1930), and any other law for the time being in force.

 

3. Definitions.—In this Act, unless there is anything repugnant in the subject or context,
7

8
[(a) ― [Ayurvedic, Siddha or Unani] drug‖ includes all medicines intended for internal or external use

8
for or in the diagnosis, treatment, mitigation or prevention of [disease or disorder in human beings or
animals, and manufactured] exclusively in accordance with the formulae described in, the authoritative

9
books of [Ayurvedic, Siddha and Unani Tibb systems of medicine], specified in the First Schedule;]

9
[(aa) ―the Board‖ means—

9 9
(i) in relation to [Ayurvedic, Siddha or Unani] drug, the [Ayurvedic, Siddha and Unani
Drugs Technical Advisory Board] constituted under section 33C; and
(ii) in relation to any other drug or cosmetic, the Drugs Technical Advisory Board
constituted under section 5;]

1. For Statement of Object and Reasons, see Gazette of India, 1940, Pt. V, p. 34; for the Report of the Select Committee, see ibid., p. 143.

The Act has been applied to all the partially excluded areas in the State of Orissa, see Orissa Government Notification No. 3358-LSG., dated the 25th

August, 1941.
2. Ins. by Act 21 of 1962, s. 2 (w.e.f. 27-7-1964).
3. Subs. by the A.O. 1950, for certain words.
4. The words ―except the State of Jammu and Kashmir‖ omitted by Act 19 of 1972, s .2. (w.e.f. 31-5-1972).
5 1st April, 1947; see Notifn. No. F. 28 (10) (3) 45-H (1), dated the 2nd September 1946, Gazette of India, 1946, Pt. I, p.1349.

Chapter IV came into force in the States of Delhi, Ajmer and Coorg on the 1st April, 1947, see ibid., Chapters III and IV came into force in the
States of Himachal Pradesh, Bilaspur, Kutch, Bhopal, Tripura, Vindhya Pradesh and Manipur on the 1st April, 1953, vide Notification No. S.R.O.
663, dated the 30th March, 1953, Gazette of India, Pt. II, Sec. 3, p. 451.
Chapter IV came into force in the Union territory of Dadra and Nagar Haveli w.e.f. 1st August, 1968, see Notification No. ADM/Law/117(74),
dated the 20th July, 1968, Gazette of India, Pt. III, Sec. 3, p.128. The Act is extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch.
I; to Pondicherry by Reg. 7 of 1963. s. 3 and Sch. I; to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch. and to Laccadive, Minicoy and
Amindivi Islands by Reg. 8 of 1965. s.3 and Sch.

6. Added by Act 19 of 1972, s. 2.
7 Ins. by Act 13 of 1964, s. 2 (w.e.f. 15-9-1964).
8. Subs. by Act 68 of 1982, s. 2, for certain words (w.e.f. 1-2-1983).
9. Clause. (a) was relettered as cl. (aa) by Act 13 of 1964 s. 2, (w.e.f. 15-9-1964).
10. 24th August, 1974, vide notifin no. S.O. 2185, dt. 9th August, 1974.

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Drugs and Cosmetics Act, 1940

1 2
[ [(aaa)] ―cosmetic‖ means any article intended to be rubbed, poured, sprinkled or sprayed on, or

introduced into, or otherwise applied to, the human body or any part thereof for cleansing, beautifying,
promoting attractiveness, or altering the appearance, and includes any article intended for use as a component

3
of cosmetic [* * *] ;]

4
[(b) ―drug‖ includes—

5
[(i) all medicines for internal or external use of human beings or animals and all substances

intended to be used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder
in human beings or animals, including preparations applied on human body for the purpose of repelling
insects like mosquitoes;]

(ii) such substances (other than food) intended to affect the structure or any function of the human
6

body or intended to be used for the destruction of [vermin] or insects which cause disease in human
beings or animals, as may be specified from time to time by the Central Government by notification in
the Official Gazette;]

7
[(iii) all substances intended for use as components of a drug including empty gelatin capsules; and
(iv) such devices* intended for internal or external use in the diagnosis, treatment, mitigation or

prevention of disease or disorder in human beings or animals, as may be specified from time to time by
the Central Government by notification in the Official Gazette, after consultation with the Board;]

8
[(c) ―Government Analyst‖ means—

9
(i) in relation to [Ayurvedic, Siddha or Unani] drug, a Government Analyst appointed by the
Central Government or a State Government under section 33F; and
(ii) in relation to any other drug or cosmetic, a Government Analyst appointed by the Central

Government or a State Government under section 20;]

10

[* * * * *]

11
[(e) ―Inspector‖ means—

9
(i) in relation to [Ayurvedic, Siddha or Unani] drug, an Inspector appointed by the Central

Government or a State Government under section 33G; and
(ii) in relation to any other drug or cosmetic, an Inspector appointed by the Central Government
or a State Government under section 21;]

12 13 14

[ [(f)] ―manufacture‖ in relation to any drug [or cosmetic] includes any process or part of a
process for making, altering, ornamenting, finishing, packing, labelling, breaking up or otherwise

14 15
treating or adopting any drug [or cosmetic] with a view to its [sale or distribution] but does not

16

include the compounding or dispensing [of any drug, or the packing of any drug or cosmetic,] in
the ordinary course of retail business; and ―to manufacture‖ shall be construed accordingly;]

17

[(g)] ―to import‖, with its grammatical variations and cognate expressions means to bring into
18

[India];

1. Ins. by Act 21 of 1962, s. 4 (w.e.f. 27-7-1964).
2. Clause. (aa) relettered by Act 13 of 1964, s. 2 (w.e.f. 15-9-1964).
3. omitted by Act 68 of 1982, s.3, certain words.
4. Subs. by Act 11 of 1955, s. 2, for cl. (b).
5. Subs. by Act 68 of 1982, s. 3 (w.e.f. 1-2-1983).
6. Subs. by Act 13 of 1964, s. 2, for ―vermins‖ (w.e.f. 15-9-1964).
7. Ins. by Act 68 of 1982, s.3 (w.e.f. 1-2-1983).
The Central Government has specified (vide S.O. 1468 (E), dated 6-10-2005) the following devices intended for external or internal use in human

beings or drugs with immediate effect, namely:-
(i) Cardiac Stents (ii) Drug Eluding Stents (iii) Catheters (iv) Intra Ocular Lenses (v) I.V. Cannulac (vi) Bone Cements
(vii) Heart Valves (viii) Scalp Vein Set (ix) Orthopaedic Implants (x) Internal Prosthetic Replacements
8. Subs. by Act 13 of 1964, s. 2, for cl. (c) (w.e.f.15-9-1964).
9. Subs. by Act 68 of 1982 s.2, for ―Ayurvedic (including sidda) or Unani‖ (w.e.f. 1-2-1983).
10. Cl. (d) omitted by Act 19 of 1972, s. 3. 15. Subs. by Act 68 of 1982, s.3, for ―sale and distribution‖(w.e.f. 1-2-1983).
11. Subs. by Act 13 of 1964, s. 2, for cl. (e) (w.e.f. 15-9-1964). 16. Subs. by Act 21 of 1962 s. 4, for ―or the packing of any drug‖.
12. Ins. by Act 11 of 1955, s. 2. 17. Cls.(c), (d) and (e) relettered as cls. (g), (h) and (i) respectively by Act 35 of 1960, s. 2 (w.e.f. 16-3-1961).
13. Clause. (bbb) relettered as cl. (f) by Act 35 of 1960, s. 2 (w.e.f. 16-3-1961).
14. Ins. by Act 21 of 1962, s. 4 (w.e.f. 27-7-1964). 18. Subs. by Act 3 of 1951, s. 3 and Sch., for ―the States‖.

7

 

 

Drugs and Cosmetics Act, 1940

1 2
[ [(h)] ―patent or proprietary medicine‖ means,—

(i) in relation to Ayurvedic, Siddha or Unani Tibb systems of medicine all formulations containing only

such ingredients mentioned in the formulae described in the authoritative books of Ayurveda, Siddha or Unani
Tibb systems of medicine specified in the First Schedule, but does not include a medicine which is
administered by parenteral route and also a formulation included in the authoritative books as specified in
clause (a);

(ii) in relation to any other systems of medicine, a drug which is a remedy or prescription presented in
a form ready for internal or external administration of human beings or animals and which is not included in
the edition of the Indian Pharmacopoeia for the time being or any other Pharmacopoeia authorised in this
behalf by the Central Government after consultation with the Drugs Technical Advisory Board constituted
under section 5;]

3 2
[ [(i)] ―prescribed‖ means prescribed by rules made under this Act.]

4
[* * * * *]

5

[3A. Construction of references to any law not in force or any functionary not in existence in the
State of Jammu and Kashmir.—Any reference in this Act to any law which is not in force, or any
functionary not in existence, in the State of Jammu and Kashmir, shall, in relation to that State, be construed
as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that
State.]

4. Presumption as to poisonous substances.—Any substance specified as poisonous by rule made under

6
Chapter III or Chapter IV [or Chapter IVA] shall be deemed to be a poisonous substance for the purposes of

6

Chapter III or Chapter IV [or Chapter IVA], as the case may be.

CHAPTER II

THE DRUGS TECHNICAL ADVISORY BOARD, THE CENTRAL DRUGS LABOURATORY

AND THE DRUGS CONSULTATIVE COMMITTEE

5. The Drugs Technical Advisory Board.—(1) The Central Government shall, as soon as may be,
constitute a Board (to be called the Drugs Technical Advisory Board) to advise the Central Government and
the State Governments on technical matters arising out of the administration of this Act and to carry out the
other functions assigned to it by this Act.

7

[(2) The Board shall consist of the following members, namely:—

(i) the Director General of Health Services, ex officio, who shall be Chairman; (ii) the Drugs
Controller, India, ex officio;
(iii) the Director of the Central Drugs Laboratory, Calcutta, ex officio;
(iv) the Director of the Central Research Institute, Kasauli, ex officio;
(v) the Director of Indian Veterinary Research Institute, Izatnagar, ex officio;
(vi) the President of Medical Council of India, ex officio;
(vii) the President of the Pharmacy Council of India, ex officio;
(viii) the Director of Central Drug Research Institute, Lucknow, ex officio;
(ix) two persons to be nominated by the Central Government from among persons who are in

charge of drugs control in the States;

1. Subs. by Act 68 of 1982, s. 3, for cl. (h) (w.e.f. 1-2-1983).
2. Cls. (c), (d) and (e) relettered as cls. (g), (h) and (i) respectively by Act 35 of 1960, s. 2 (w.e.f. 16-3-1961).
3. Subs. by Act 11 of 1955, s. 2, for cl. (e).
4. Clause. (f) ins. by the A.O. 1950 and omitted by Act 3 of 1951, s. 3 and Sch.
5. Ins. by Act 19 of 1972, s. 4 (w.e.f. 31-5-1972).
6. Ins. by Act 13 of 1964, s. 3 (w.e.f. 15-9-1964).
7. Subs. by Act 13 of 1964, s. 4, for sub-section (2) (w.e.f. 15-9-1964).

8

 

 

Drugs and Cosmetics Act, 1940

(x) one person, to be elected by the Executive Committee of the Pharmacy Council of India, from
among teachers in pharmacy or pharmaceutical chemistry or pharmacognosy on the staff of an
Indian university or a college affiliated thereto;

 

(xi) one person, to be elected by the Executive Committee of the Medical Council of India, from
among teachers in medicine or therapeutics on the staff of an Indian university or a college affiliated
thereto;

 

(xii) one person to be nominated by the Central Government from the pharmaceutical industry;

(xiii) one pharmacologist to be elected by the Governing Body of the Indian Council of Medical
Research;

(xiv) one person to be elected by the Central Council of the Indian Medical Association;

(xv) one person to be elected by the Council of the Indian Pharmaceutical Association;

(xvi) two persons holding the appointment of Government Analyst under this Act, to be
nominated by the Central Government.]

(3) The nominated and elected members of the Board shall hold office for three years, but shall be

eligible for re- nomination and re-election:
1
[Provided that the person nominated or elected, as the case may be, under clause (ix) or clause (x) or

clause (xi) or clause (xvi) of sub-section (2) shall hold office for so long as he holds the appointment of the
office by virtue of which he was nominated or elected to the Board.]

(4) The Board may, subject to the previous approval of the Central Government, make bye-laws fixing a

quorum and regulating its own procedure and the conduct of all business to be transacted by it.

(5) The Board may constitute sub-committees and may appoint to such sub-committees for such periods,
not exceeding three years, as it may decide, or temporarily for the consideration of particular matters,
persons who are not members of the Board.

(6) The functions of the Board may be exercised notwithstanding any vacancy therein.

(7) The Central Government shall appoint a person to be Secretary of the Board and shall provide the

Board with such clerical and other staff as the Central Government considers necessary.

6. The Central Drugs Laboratory.—(1) The Central Government shall, as soon as may be, established
a Central Drugs Laboratory under the control of a Director to be appointed by the Central Government, to
carry out the functions entrusted to it by this Act or any rules made under this Chapter:

Provided that, if the Central Government so prescribes, the functions of the Central Drugs Laboratory in
2

respect of any drug or class of drugs [or cosmetic or class of cosmetics] shall be carried out at the Central
Research Institute, Kasauli, or at any other prescribed Laboratory and the functions of the Director of the

2
Central Drugs Laboratory in respect of such drug or class of drugs [or such cosmetic or class of
cosmetics] shall be exercised by the Director of that Institute or of that other Laboratory, as the case may
be.

(2) the Central Government may, after consultation with the Board, make rules prescribing—

(a) the functions of the Central Drugs Laboratory;
3
[* * * * *]

4
(d) the procedure for the submission to the said Laboratory [under Chapter IV or Chapter IVA] of

2
samples of drugs [or cosmetics] for analysis or test, the forms of Laboratory‘s reports thereon and the
fees payable in respect of such reports;

 

1. Subs. by Act 13 of 1964, s. 4, for the proviso (w.e.f. 15-9-1964).
2. Ins. by Act 21 of 1962, s. 5 (w.e.f. 27-7-1964).
3. Cls. (b) and (c) omitted by Act 11 of 1955, s. 4.
4. Subs. by Act 13 of 1964, s. 5, for ―under Chapter IV‖ (w.e.f. 15-9-1964).

9

 

 

Drugs and Cosmetics Act, 1940

(e) such other matters as may be necessary or expedient to enable the said Laboratory to

carry out its functions;

(f) the matters necessary to be prescribed for the purposes of the proviso to sub-section (1).

7. The Drugs Consultative Committee.—(1) The Central Government may constitute an advisory
committee to be called ―the Drugs Consultative Committee‖ to advise the Central Government, the State
Governments and the Drugs Technical Advisory Board on any other matter tending to secure uniformity

1

throughout [India] in the administration of this Act.

(2) The Drugs Consultative Committee shall consist of two representatives of the Central
Government to be nominated by that Government and one representative of each State Government to
be nominated by the State Government concerned.

(3) The Drugs Consultative Committee shall meet when required to do so by the Central Government and

shall have power to regulate its own procedure.

2
[7A. Sections 5 and 7 not to apply to Ayurvedic, Siddha or Unani drugs.—Nothing contained in

3
sections 5 and 7 shall apply to [Ayurvedic, Siddha or Unani] drugs.]

CHAPTER III

4

[IMPORT OF DRUGS AND COSMETICS]

5
8. Standards of quality.— [(1) For the purposes of this Chapter, the expression ―standard quality‖
means—

6
(a) in relation to a drug, that the drug complies with the standard set out in [the Second Schedule],
and
(b) in relation to a cosmetic, that the cosmetic compiles with such standard as may be
prescribed].

(2) The Central Government, after consultation with the Board and after giving by notification in the

Official Gazette not less than three months‘ notice of its intention so to do, may by a like notification add to or
6 6

otherwise amend [the Second Schedule], for the purposes of this Chapter, and thereupon [the Second
Schedule] shall be deemed to be amended accordingly.

7
[9. Misbranded drugs.—For the purposes of this Chapter a drug shall be deemed to be misbranded—

(a) if it is so coloured, coated, powdered or polished that damage is concealed or if it is made to

appear of better or greater therapeutic value than it really is; or

(b) if it is not labelled in the prescribed manner; or

(c) if its label or container or anything accompanying the drug bears any statement, design or
device which makes any false claim for the drug or which is false or misleading in any particular.]

8
[9A. Adulterated drugs.— For the purposes of this Chapter, a drug shall be deemed to be adulterated.—

(a) if it consists, in whole or in part, of any filthy, putrid or decomposed substance; or
(b) if it has been prepared, packed or stored under insanitary conditions whereby it may

have been contaminated with filth or whereby it may have been rendered injurious to health; or

1. Subs. by Act 3 of 1951, s. 3 and Sch., for ―the States‖.
2. Ins. by Act 13 of 1964, s. 6 (w.e.f. 15-9-1964).
3. Subs. by Act 68 of 1982, s. 2 for certain words (w.e.f. 1-2-1983).
4. Subs. by Act 68 of 1982, s. 4, for ―IMPORT OF DRUGS‖ (w.e.f. 1-2-1983).
5. Subs. by Act 21 of 1962, s. 6, for sub-section (1) (w.e.f. 27-7-1964).
6. Subs. by Act 13 of 1964, s. 7, for ―the Schedule‖ (w..e.f. 15-9-1964).
7. Subs. by Act 68 of 1982, s. 5, for s. 9 (w.e.f. 1-2-1983).
8. Subs. by Act 68 of 1982, s. 6, (w.e.f. 1-2-1983).

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Drugs and Cosmetics Act, 1940

(c) if its container is composed in whole or in part, of any poisonous or deleterious substance
which may render the contents injurious to health; or

(d) if it bears or contains, for purposes of colouring only, a colour other than one which is
prescribed; or

(e) if it contains any harmful or toxic substance which may render it injurious to health; or
(f) if any substance has been mixed therewith so as to reduce its quality or strength.

9B. Spurious drugs.— For the purposes of this Chapter, a drug shall be deemed to be spurious—
(a) if it is imported under a name which belongs to another drug; or
(b) if it is an imitation of, or a substitute for, another drug or resembles another drug in a manner

likely to deceive or bears upon it or upon its label or container the name of another
drug unless it is plainly and conspicuously marked so as to reveal its true character and its
lack of identity with such other drug; or

(c) if the label or the container bears the name of an individual or company purporting to be the
manufacturer of the drug, which individual or company is fictitious or does not exist; or

(d) if it has been substituted wholly or in part by another drug or substance; or
(e) if it purports to be the product of a manufacturer of whom it is not truly a product.

9C. Misbranded cosmetics.—For the purposes of this chapter, a cosmetic shall be deemed to be
misbranded—

(a) if it contains a colour which is not prescribed; or

(b) if it is not labelled in a prescribed manner; or

(c) if the label or container or anything accompanying the cosmetic bears any statement which is

false or misleading in any particular.

9D. Spurious cosmetics.—For the purposes of this Chapter, a drug shall be deemed to be spurious,—

(a) if it is imported under the name which belongs to another cosmetic; or

(b) if it is an imitation of, or is a substitute for, another cosmetic or resembles another cosmetic in a
manner likely to deceive or bears upon it or upon its label or container the name of another cosmetic,
unless it is plainly or conspicuously marked so as to reveal its true character and its lack of identity with
such other cosmetic; or

(c) if the label or the container bears the name of an individual or company purporting to be the

manufacturer of the cosmetic, which individual or company is fictitious or does not exist; or

(d) if it purports to be the product of a manufacturer of whom it is not truly a product.]

1
10. Prohibition of import of certain drugs or cosmetics.— From such date as may be fixed by the
Central Government by notification in the Official Gazette in this behalf, no person shall import—

2

(a) any drug [or cosmetic] which is not of standard quality;

3 4
[(b) any misbranded drug [or misbranded or spurious cosmetic;]

1. 1st April, 1947 for cls. (a), (b), (c), (e) and (f) and 1st April 1949 for cl. (d) see Notifn. No.18- 12/46-D (I), dated the 11th February 1947, Gazette of

India, 1947, Pt. 1, P. 189 as amended by Notifn. No.F.1-2/48-D (1), dated the 29th September,1948.
1st April, 1953 for the States of Himachal Pradesh, Bilaspur, Kutch, Bhopal,Tripura, Vindhya Pradesh and Manipur; vide Notifn. No. S.R.O. 666,
dated the 30th March, 1953, Gazette of India, 1953, Pt. II, Sec. 3, p.451.

2. Ins. by Act 21 of 1962, s. 8 (w.e.f. 27-7-1964).
3. Subs. by Act 21 of 1962, s. 8, for cl. (b) (w.e.f. 27-7-1964).
4. Subs. by Act 68 of 1982, s.7, for ―or misbranded cosmetic‖ (w.e.f. 1-2-1983).

11

 

 

Drugs and Cosmetics Act, 1940

1 2
[(bb) any [adulterated or spurious] drug;]

3

(c) any drug [or cosmetic] for the import of which a licence is prescribed, otherwise than under, and
in accordance with, such licence;

4
[(d) any patent or proprietary medicine, unless there is displayed in the prescribed manner on the

5
label or container thereof [the true formula or list of active ingredients contained in it, together with the
quantities thereof;]

(e) any drug which by means of any statement, design or device accompanying it or by any

other means, purports or claims to cure or mitigate any such disease or ailment, or to have any such other
effect, as may be prescribed;

3
[(ee) any cosmetic containing any ingredient which may render it unsafe or harmful for use

under the directions indicated or recommended;]

3
(f) any drug [or cosmetic] the import of which is prohibited by rule made under this Chapter:

Provided that nothing in this section shall apply to the import, subject to prescribed conditions, of small
quantities of any drug for the purpose of examination, test or analysis or for personal use:

Provided further that the Central Government may, after consultation with the Board, by notification in the

Official Gazette, permit, subject to any conditions specified in the notification, the import of any drug or class
of drugs not being of standard quality.

6
[* * * * *]
7

[10A. Power of Central Government to prohibit import of drugs and cosmetics in public interest.—
Without prejudice to any other provision contained in this Chapter, if the Central Government is satisfied that
the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does
not have the therapeutic value claimed for it or contains ingredients and in such quantity for which there is no
therapeutic justification and that in the public interest it is necessary or expedient so to do then, that
Government may, by notification in the Official Gazette, prohibit the import of such drug or cosmetic.]

11. Application of law relating to sea customs and powers of Customs Officers.— (1) The law for the

time being in force relating to sea customs and to goods, the import of which is prohibited by section 18 of
8

the Sea Customs Act, 1878 (8 of 1878) shall, subject to the provisions of section 13 of this Act, apply in
9

respect of drugs [and cosmetics] the import of which is prohibited under this Chapter, and officers of Customs
10

and officers empowered under that Act to perform the duties imposed thereby on a [Commissioners of
9

Customs] and other officers of Customs, shall have the same powers in respect of such drugs [and
cosmetics] as they have for the time being in respect of such goods as aforesaid.

11 10
[(2) Without prejudice to the provisions of sub-sections (1), the [Commissioners of Customs] any

officer of the Government authorized by the Central Government in this behalf, may detain any imported
9

package which he suspects to contain any drug [or cosmetic] the import of which is prohibited under this
Chapter and shall forthwith report such detention to the Drugs Controller, India, and, if necessary, forward the

9
package or sample of any suspected drug [or cosmetic] found therein to the Central Drugs Laboratory.]

12

12. Power of Central Government to make rules.—(1) The Central Government may, [after
consultation with or on the recommendation of the Board] and after previous publication by notification in
the Official Gazette, make rules for the purpose of giving effect to the provisions of this Chapter:

1. Ins. by Act 13 of 1964, s. 9 (w.e.f. 15-9-1964).
2. Subs. by Act 68 of 1982, s.7, for ―adulterated‖ (w.e.f. 1-2-1983).
3. Ins. by Act 21 of 1962, s. 8 (w.e.f. 27-7-1964).
4. Subs. by Act 11 of 1955, s. 5, for cl. (d).
5. Subs. by Act 68 of 1982, s.7, for certain words (w.e.f. 1-2-1983).
6. Explanation omitted by s.7, ibid. (w.e.f. 1-2-1983).
7. Ins. by s. 8, Act 68 of 1982. (w.e.f. 1-2-1983).
8. Now see the Customs Act, 1962.
9. Ins. by Act 21of 1962, s. 9 (w.e.f. 27-7-1964).
10. Subs. by Act 22 of 1995, s. 83, for ―Customs Collector‖.
11. Subs. by Act 11 of 1955, s. 6, for sub-section (2).
12. Subs. by Act 68 of 1982, s.9, for certain words (w.e.f. 1-2-1983).

12

 

 

Drugs and Cosmetics Act, 1940

1
[Provided that consultation with the Board may be dispensed with if the Central Government is of

opinion that circumstances have arisen which render it necessary to make rules without such consultation,
but in such a case the Board shall be consulted within six months of the making of the rules and the Central
Government shall take into consideration any suggestions which the Board may make in relation to the
amendment of the said rules.]

(2) Without prejudice to the generality of the forgoing power, such rules may—

2
(a) specify the drugs or classes of drugs [or cosmetics or classes of cosmetics] for the import of

3
which a licence is required, [and prescribe the form and conditions of such licences, the authority
empowered to issue the same, the fees payable therefor and provide for the cancellation, or suspension of
such licence in any case where any provision of this Chapter or the rules made thereunder is contravened
or any of the conditions subject to which the licence is issued is not complied with];

2
(b) prescribe the methods of test or analysis to be employed in determining whether a drug [or

cosmetic] is of standard quality;
(c) prescribe, in respect of biological and organometallic compounds, the units or

methods of standardization;
4 5
[(cc) prescribe under clause (d) of [section 9A] the colour or colours which a drug may bear or

contain for purposes or colouring;]
6

(d) specify the diseases or ailments which an imported drug may not purport or claim [to prevent,
cure or mitigate] and such other effects which such drug may not purport or claim to have;

(e) prescribe the conditions subject to which small quantities of drugs, the import of which is
otherwise prohibited under this Chapter, may be imported for the purpose of examination, test or
analysis or for personal use;

2
(f) prescribe the places at which drugs [or cosmetics] may be imported, and prohibit their

import at any other place;
(g) require the date of manufacture and the date of expiry of potency to be clearly and truly

stated on the label or container of any specified imported drug or class of such drug, and prohibit the
import of the said drug or class of drug after the expiry of a specified period from the date of
manufacture;

2
(h) regulate the submission by importers, and the securing, of samples of drugs [or

cosmetics] for examination, test or analysis by the Central Drugs Laboratory, and prescribe the fees, if
any, payable for such examination, test or analysis;

(i) prescribe the evidence to be supplied, whether by accompanying documents or otherwise, of
2

the quality of drugs [or cosmetics] sought to be imported, the procedure of officers of Customs
2

in dealing with such evidence, and the manner of storage at places of import of drugs [or cosmetics]
detained pending admission;

(j) provide for the exemption, conditionally or otherwise, from all or any of the provisions of
2

this Chapter and the rules made thereunder of drugs [or cosmetics] imported for the purpose only of
7

transport through, an export from, [India];
(k) prescribe the conditions to be observed in the packing in bottles, packages or other containers,

2 8
of imported drugs [or cosmetics] [including the use of packing material which comes into direct
contact with the drugs];

2
(l) regulate the mode of labeling drugs [or cosmetics] imported for sale in packages, and

prescribe the matters which shall or shall not be included in such labels;
(m) prescribe the maximum proportion of any poisonous substance which may be added to or

contained in any imported drug, prohibit the import of any drug in which that proportion is exceeded,
and specify substances which shall be deemed to be poisonous for the purposes of this Chapter and the
rules made thereunder;

 

1. Ins. by Act 11 of 1955, s. 7.
2. Ins. by Act 21of 1962, s. 10 (w.e.f. 27-7-1964).
3. Subs. by Act 68 of 1982, s. 9, for certain words (w.e.f. 1-2-1983).
4. Ins. by Act 13 of 1964, s. 10 (w.e.f. 15-9-1964).
5. Subs. by Act 68 of 1982, s. 9, for ―section 9B‖ (w.e.f. 1-2-1983).
6. Subs. by Act 11 of 1955, s. 7, for ―to cure or mitigate‖.
7. Subs. by Act 3 of 1951, s. 3 and Sch., for ―the States‖.
8. Ins. by Act 68 of 1982, s. 9 (w.e.f. 1-2-1983).

13

 

 

Drugs and Cosmetics Act, 1940

(n) require that the accepted scientific name of any specified drug shall be displayed in the

prescribed manner on the label or wrapper of any imported, patent or proprietary medicine containing
such drug;

(o) provide for the exemption, conditionally or otherwise, from all or any of the provisions of this
1

Chapter or the rules made thereunder, of any specified drug or class of drugs [or cosmetic or class of
cosmetics].

2
[13. Offences.—(1) Whoever himself or by any other person on his behalf imports, —

(a) any drug deemed to be adulterated under section 9A or deemed to be a spurious drug under section
9B or any spurious cosmetic referred to in section 9D or any cosmetic of the nature referred to in clause (ee)
of section 10 shall be punishable with imprisonment for a term which may extend to three years and a fine
which may extend to five thousand rupees;

(b) any drug or cosmetic other than a drug or cosmetic referred to in clause (a), the import of which is
prohibited under section 10, or any rule made under this Chapter, shall be punishable with imprisonment for a
term which may extend to six months, or with fine which may extend to five hundred rupees, or with both;

(c) any drug or cosmetic in contravention of the provisions of any notification issued under section 10A,
shall be punishable with imprisonment for a term which may extend to three years, or with fine which may
extend to five thousand rupees, or with both;

(2) Whoever having been convicted of an offence—
(a) under clause (a) or clause (c) of sub-section (1), is again convicted of an offence under that clause,

shall be punishable with imprisonment for a term which may extend to five years, or with fine which may
extend to ten thousand rupees, or with both;

(b) under clause (b) of sub-section (1), is again convicted of an offence under that clause, shall be
punishable with imprisonment for a term which may extend to one year, or with fine which may extend to
one thousand rupees, or with both.

(3) The punishment provided by this section shall be in addition to any penalty to which the offender

may be liable under the provisions of section 11.]

14. Confiscation.—Where any offence punishable under section 13 has been committed, the consignment
3

of the drugs [or cosmetics] in respect of which the offence has been committed shall be liable to confiscation.

4
15. Jurisdiction.—No Court inferior to that [of a Metropolitan Magistrate or of a Judicial Magistrate

of the first class] shall try an offence punishable under section 13.

CHAPTER IV

MANUFACTURE, SALE AND DISTRIBUTION OF
5

[DRUGS AND COSMETICS]

6
16. Standards of quality.— [(1) For the purposes of this Chapter, the expression ―standard quality‖

means—
7

(a) in relation to a drug, that the drug complies with the standard set out in [the Second
Schedule], and

(b) in relation to a cosmetic, that the cosmetic complies with such standard as may be
prescribed.]

8
(2) The [Central Government], after consultation with the Board and after giving by notification in
the Official Gazette not less than three months‘ notice of its intention so to do, may by a like notification

7

add to or otherwise amend [the Second Schedule] for the purposes of this Chapter, and thereupon 7[the
Second Schedule] shall be deemed to be amended accordingly.

1. Ins. by Act 21 of 1962, s. 10 (w.e.f. 27-7-1964).
2. Subs. by Act 68 of 1982, s.10, for s.13 (w.e.f. 1-2-1983).
3. Ins. by Act 21 of 1962, s. 11 (w.e.f. 27-7-1964).
4. Subs. by Act 68 of 1982, s. 11, for certain words (w.e.f. 1-2-1983).
5. Subs. by Act 68 of 1982 for ―DRUGS‖ (w.e.f. 1-2-1983).
6. Subs. by Act 21 of 1962, s. 12, for sub-section (1) (w.e.f. 27-7-1964).
7. Subs. by Act 13 of 1964, s. 11, for ―the Schedule‖ (w.e.f 15-9-1964).
8. Subs. by Act 11 of 1955, s. 8, for ―State Government‖.

14

 

 

Drugs and Cosmetics Act, 1940

1

[17. Misbranded drugs.—For the purposes of this Chapter, a drug shall be deemed to be misbranded,—
(a) if it is so coloured, coated, powdered or polished that damage is concealed or if it is made to

appear of betapeutic value than it really is; or
(b) if it is not labelled in the prescribed manner; or
(c) if its label or container or anything accompanying the drug bears any statement, design or

device which makes any false claim for the drug or which is false or misleading in any particular.

17A. Adulterated drugs.—For the purposes of this Chapter, a drug shall be deemed to be adulterated,—
(a) if it consists in whole or in part, of any filthy, putrid or decomposed substance; or
(b) if it has been prepared, packed or stored under insanitary conditions whereby it may have been

contaminated with filth or whereby it may have been rendered injurious to health; or
(c) if its container is composed, in whole or in part, of any poisonous or deleterious substance which

may render the contents injurious to health; or
(d) if it bears or contains, for the purposes of colouring only, a colour other than one which is
prescribed; or
(e) if it contains any harmful or toxic substance which may render it injurious to health; or
(f) if any substance has been mixed therewith so as to reduce its quality or strength.

17B. Spurious drugs.—For the purposes of this Chapter, a drug shall be deemed to be spurious,—

(a) if it is manufactured under a name which belongs to another drug; or
(b) if it is an imitation of, or is a substitute for, another drug or resembles another drug in a manner

likely to deceive or bears upon it or upon its label or container the name of another drug unless
it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such
other drug; or

(c) if the label or container bears the name of an individual or company purporting to be the
manufacturer of the drug , which individual or company is fictitious or does not exist; or

(d) if it has been substituted wholly or in part by another drug or substance; or
(e) if it purports to be the product of a manufacturer of whom it is not truly a product.

17C. Misbranded cosmetics.— For the purposes of this Chapter, a cosmetic shall be deemed to be
misbranded, —

(a) if it contains a colour which is not prescribed; or
(b) if it is not labelled in the prescribed manner; or
(c) if the label or container or anything accompanying the cosmetic bears any statement which is

false or misleading in any particular.

17D. Spurious cosmetics.—For the purposes of this Chapter, a cosmetic shall be deemed to be spurious,–
(a) if it is manufactured under a name which belongs to another cosmetic; or

(b) if it is an imitation of, or a substitute for, another cosmetic or resembles another cosmetic in
a manner likely to deceive or bears upon it or upon its label or container the name of another cosmetic
unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with
such other cosmetic; or

(c) if the label or container bears the name of an individual or a company purporting to be the
manufacturer of the cosmetic which individual or company is fictitious or does not exist; or

(d) if it purports to be the product of a manufacturer of whom it is not truly a product.]

2
[17E Adulterated cosmetics.- For the purposes of this Chapter, a cosmetic shall be deemed to be

adulterated,-
(a) if it consists in whole or in part, of any filthy, putrid or decomposed substance; or
(b) if it has been prepared, packed or stored under insanitary conditions whereby it may have been
contaminated with filth or whereby it may have been rendered injurious to health; or
(c) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may
render the contents injurious to health; or
(d) if it bears or contains, for purposes of colouring only, a colour other than one which is prescribed; or
(e) if it contains any harmful or toxic substance which may render it injurious to health; or
(f) if any substance has been mixed therewith so as to reduce its quality or strength.]

 

1. Subs. by Act 68 of 1982, s.13, for s.17, 17A and 17B (w.e.f. 1-2-1983).

2. Ins. by Act 26 of 2008, s 2 (w.e.f 10-8-2009)

15

 

 

Drugs and Cosmetics Act, 1940

1
18. Prohibition of manufacture and sale of certain drugs and cosmetics.—From such date as may

be fixed by the State Government by notification in the Official Gazette in this behalf, no person shall himself
or by any other person on his behalf—

2
(a) [manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale] or
distribute—

2
[(i) any drug which is not of a standard quality, or is misbranded, adulterated or spurious;

12
[(ii) any cosmetic which is not of a standard quality or is misbranded or spurious;]

3
[(iii) any patent or proprietary medicine, unless there is displayed in the prescribed manner on the

2
label or container thereof [the true formula or list of active ingredients contained in it together with
the quantities thereof];]

(iv) any drug which by means of any statement, design or device accompanying it or by any other
4

means, purports or claims [to prevent, cure or mitigate] any such disease or ailment, or to have any
such other effect as may be prescribed;

5
[(v) any cosmetic containing any ingredient which may render it unsafe or harmful for use under

the directions indicated or recommended;
(vi) any drug or cosmetic in contravention of any of the provisions of this Chapter or any

rule made thereunder;]

6 7
(b) [sell, or stock or exhibit or offer for sale,] or distribute any drug [or cosmetic] which has been

imported or manufactured in contravention of any of the provisions of this Act or any rule made
thereunder;

6

(c) [manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale,] or
7

distribute any drug [or cosmetic], except under, and in accordance with the conditions of, a licence
issued for such purpose under this Chapter:

Provided that nothing in this section shall apply to the manufacture, subject to prescribed
conditions, of small quantities of any drug for the purpose of examination, test or analysis:

8

Provided further that the [Central Government] may, after consultation with the Board, by notification in
6

the Official Gazette, permit, subject to any conditions specified in the notification, the [manufacture for sale,
or for distribution, sale, stocking or exhibiting or offering for sale] or distribution of any drug or class of drugs
not being of standard quality.

9
[* * * * *]
10

[18A. Disclosure of the name of the manufacturer, etc.—Every person, not being the manufacturer
of a drug or cosmetic or his agent for the distribution thereof, shall, if so required, disclose to the Inspector the
name, address and other particulars of the person from whom he acquired the drug or cosmetic.]

11

[18B. Maintenance of records and furnishing of information.—Every person holding a licence under
clause (c) of section 18 shall keep and maintain such records, registers and other documents as may be
prescribed and shall furnish to any officer or authority exercising any power or discharging any function
under this Act such information as is required by such officer or authority for carrying out the purposes of
this Act.]

 

1. 1st April,1947 for sub-clauses (i), (ii), (iv) and (v) of clause (a) and clauses (b) and (c) ; 1st April, 1949 for sub-clause (iii) of clause (a) in so far as it
takes effect in Delhi, Ajmer and Coorg, see Notifn. No. 18-12/46-D. II, dated the 11th February, 1947. Gazette of India, 1947, Pt. I, p.189; as
amended by Notifn. No. F. 1-2/48-D(II), dated the 29th September, 1948; 1st April, 1953 for the States of Himachal Pradesh, Bilaspur, Kutch,
Bhopal, Tripura, Vindhya Pradesh and Manipur, vide Notifn. No. S.R.O. 664, dated the 30th March,1953, Gazette of India, 1953, Pt. II, Sec. 3, p.
451.

2. Subs. by Act 68 of 1982, s.14, for certain words (w.e.f. 1-2-1983).
3. Subs. by Act 11 of 1955, s. 9, for sub-clause (iii).
4. Subs. by Act 11 of 1955, s. 9, for ―to cure or mitigate‖.
5. Subs. by Act 21 of 1962, s. 14, for sub-clause (v) (w.e.f. 27-7-1964).
6. Subs. by Act 68 of 1982, s. 14, for certain words (w.e.f.1-2-1983).
7. Ins. by Act. 21 of 1962, s. 14 (w.e.f. 27-7-1964).
8. Subs. by Act 11 of 1955, s. 9, for ―State Government‖.
9. Explanation omitted by Act 68 of 1982, s.14 (w.e.f. 1-2-1983).
10. Ins. by Act 13 of 1964, s. 14 (w.e.f. 15-9-1964).
11. Ins. by Act 68 of 1982, s. 15 (w.e.f. 1-2-1983).
12. Sub. by Act 26 of 2008, s 3, for sub-clause (ii) (w.e.f 10-8-2009), before substitution, stood as under :
―any cosmetic which is not of a standard quality or is misbranded or spurious‖

16

 

 

Drugs and Cosmetics Act, 1940

19. Pleas.—(1) Save as hereinafter provided in this section, it shall be no defence in a prosecution under
this Chapter to prove merely that the accused was ignorant of the nature, substance or quality of the drug
1
[or cosmetic] in respect of which the offence has been committed or of the circumstances of its

manufacture or import, or that a purchaser, having bought only for the purpose of test or analysis, has not
been prejudiced by the sale.

2 2
(2) [For the purposes of section 18 a drug shall not be deemed to be misbranded or [adulterated or
spurious] or to be below standard quality nor shall a cosmetic be deemed to be misbranded or to be below
standard quality] only by reason of the fact that—

(a) there has been added thereto some innocuous substance or ingredient because the same is required

1
for manufacture or preparation of the drug [or cosmetic] as an article of commerce in a state fit for

1
carriage or consumption, and not to increase the bulk, weight or measure of the drug [or cosmetic] or to
conceal its inferior quality or other defects; or

4

[* * * * *]
(b) in the process of manufacture, preparation or conveyance some extraneous substance has

unavoidably become intermixed with it: Provided that this clause shall not apply in relation to any sale or
1

distribution of the drug [or cosmetic] occurring after the vendor or distributor became aware of such
intermixture.
5
[(3) A person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof,

shall not be liable for a contravention of section 18 if he proves—
(a) that he acquired the drug or cosmetic from a duly licensed manufacturer, distributor or
dealer thereof;
(b) that he did not know and could not, with reasonable diligence, have ascertained that the drug

or cosmetic in any way contravened the provisions of that section; and
(c) that the drug or cosmetic, while in his possession, was properly stored and remained in the

same state as when he acquired it.]

6

[20.Government Analysts.— (1) The State Government may, by notification in the Official Gazette,
appoint such persons as it thinks fit, having the prescribed qualifications, to be Government Analysts for such

7
areas in the state and in respect of such drugs or [classes of drugs or such cosmetics or classes of cosmetics]
as may be specified in the notification.

(2) The Central Government may also, by notification in the Official Gazette, appoint such persons as it

7
thinks fit, having the prescribed qualifications, to be Government Analysts in respect of such drugs or [classes
of drugs or such cosmetics or classes of cosmetics] as may be specified in the notification.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), neither the Central

Government nor a State Government shall appoint as a Government Analyst any official not serving under it
without the previous consent of the Government under which he is serving.

8
[(4) No person who has any financial interest in the import, manufacture or sale of drugs or cosmetics

shall be appointed to be a Government Analyst under sub-section (1) or sub-section (2) of this section.]

21. Inspectors.—(1) The Central Government or a State Government may, by notification in the Official
Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Inspectors for such
areas as may be assigned to them by the Central Government or State Government, as the case may be.

(2) The powers which may be exercised by an Inspector and the duties which may be performed by him,
9

the drugs or [classes of drugs or cosmetics or classes of cosmetics] in relation to which and the
conditions, limitations or restrictions subject to which, such powers and duties may be exercised or
performed shall be such as may be prescribed.

1. Ins. by Act 21 of 1962, s.15 (w.e.f. 27-7-1964).
2. Subs. by Act 13 of 1964, s. 15, for certain words (w.e.f. 15-9-1964).
3. Subs. by Act 68 of 1982, s.16, for ―adulterated‖ (w.e.f. 1-2-1983).
4. Cl.(aa) ins. by Act 11 of 1955, s. 10 and omitted by Act 13 of 1964, s. 15 (w.e.f. 15-9-1964).
5. Subs.by Act 13 of 1964, s. 15, for sub-section (3) (w.e.f. 15-9-1964).
6. Subs. by Act 35 of 1960, s. 4, for ss. 20 and 21 (w.e.f. 16-3-1961).
7. Subs. by Act 21 of 1962, s. 16, for ―class of drugs‖ (w.e.f. 27-7-1964).
8. Ins. by Act 68 of 1982, s.17 (w.e.f.1-2-1983).
9. Subs. by Act 21 of 1962, s.17, for ―class of drugs‖ (w.e.f. 27-7-1964).

17

 

 

Drugs and Cosmetics Act, 1940

1
(3) No person who has any financial interest [in the import, manufacture or sale of drugs or cosmetics]

shall be appointed to be an Inspector under this section.

(4) Every Inspector shall be deemed to be public servant within the meaning of section 21 of the Indian
2

Penal Code (45 of 1860), and shall be officially subordinate to such authority [having the prescribed
qualifications,] as the Government appointing him may specify in this behalf.]

3

[22. Powers of Inspectors.—(1) Subject to the provisions of section 23 and of any rules made by
the Central Government in this behalf, an Inspector may, within the local limits of the area for which he is
appointed,—

4
[(a) inspect,—

(i) any premises wherein any drug or cosmetic is being manufactured and the means employed for
standardising and testing the drug or cosmetic;

(ii) any premises wherein any drug or cosmetic is being sold, or stocked or exhibited or offered for
sale, or distributed;

(b) take samples of any drug or cosmetic,—

(i) which is being manufactured or being sold or is stocked or exhibited or offered for sale, or is
being distributed;

(ii) from any person who is in the course of conveying, delivering or preparing to deliver such

drug or cosmetic to a purchaser or a consignee;

(c) at all reasonable times, with such assistance, if any, as he considers necessary,–

(i) search any person, who, he has reason to believe, has secreted about his person, any drug or
cosmetic in respect of which an offence under this Chapter has been, or is being, committed; or

(ii) enter and search any place in which he has reason to believe that an offence under this Chapter

has been, or is being, committed; or

(iii) stop and search any vehicle, vessel or other conveyance which, he has reason to believe, is
being used for carrying any drug or cosmetic in respect of which an offence under this Chapter has
been, or is being, committed,

and order in writing the person in possession of the drug or cosmetic in respect of which the offence has
been, or is being, committed, not to dispose of any stock of such drug or cosmetic for a specified period
not exceeding twenty days, or, unless the alleged offence is such that the defect may be removed by the
possessor of the drug or cosmetic, seize the stock of such drug or cosmetic and any substance or article by
means of which the offence has been, or is being, committed or which may be employed for the
commission of such offence;]

5 4
[(cc) examine any record, register, document or any other material object found [with any person, or

in any place, vehicle, vessel or other conveyance referred to in clause (c)], and seize the same if he has
reason to believe that it may furnish evidence of the commission of an offence punishable under
this Act or the rules made thereunder;]

4
[(cca) require any person to produce any record, register, or other document relating to the

manufacture for sale or for distribution, stocking, exhibition for sale, offer for sale or distribution of any
drug or cosmetic in respect of which he has reason to believe that an offence under this Chapter has been,
or is being, committed;]

(d) exercise such other powers as may be necessary for carrying out the purposes of this Chapter or

any rules made thereunder.

1. Subs. by Act 21 of 1962, s.17, for ―in the manufacture, import or sale of drugs‖ (w.e.f 27-7-1964).
2. Ins. by Act 68 of 1982, s.18 (w.e.f. 1-2-1983).
3. Subs. by Act 11of 1955, s. 11, for s. 22.
4. Subs. by Act 68 of 1982, s.19, for certain words (w.e.f. 1-2-1983).
5. Ins. by Act 35 of 1960, s. 5 (w.e.f. 16-3-1961).

18

 

 

Drugs and Cosmetics Act, 1940
1

(2) The provisions of [the Code of Criminal Procedure, 1973 (2 of 1974)] shall, so far as may be,
apply to any search or seizure under this Chapter as they apply to any search or seizure made under the

1

authority of a warrant issued under [section 94] of the said Code.
2
[(2A) Every record, register or other document seized under clause (cc) or produced under clause (cca)

shall be returned to the person, from whom they were seized or who produce the same, within a period of
twenty days of the date of such seizure or production, as the case may be, after copies thereof or extracts
therefrom certified by that person, in such manner as may be prescribed, have been taken.]

(3) If any person wilfully obstructs an Inspector in the exercise of the powers conferred upon him by or

2
under this Chapter, [or refuses to produce any record, register or other document when so required under
clause (cca) of sub- section (1),] he shall be punishable with imprisonment which may extend to three years,
or with fine, or with both.]

3

23. Procedure of Inspectors.—(1) Where an Inspector takes any sample of a drug [or cosmetic] under
this Chapter, he shall tender the fair price thereof and may require a written acknowledgment therefor.

(2) Where the price tendered under sub-section (1) is refused, or where the Inspector seizes the stock of

3
any drug [or cosmetic] under clause (c) of section 22, he shall tender a receipt therefor in the prescribed form.

3
(3) Where an Inspector takes a sample of a drug [or cosmetic] for the purpose of test or analysis, he shall

intimate such purpose in writing in the prescribed form to the person from whom he takes it and, in the
presence of such person unless he wilfully absents himself, shall divide the sample into four portions and
effectively seal and suitably mark the same and permit such person to add his own seal and mark to all or any
of the portions so sealed and marked:

3

Provided that where the sample is taken from premises whereon the drug [or cosmetic] is being
manufactured, it shall be necessary to divide the sample into three portions only:

3

Provided further that where the drug [or cosmetic] is made up in containers of small volume, instead of
3

dividing a sample as aforesaid, the Inspector may, and if the drug [or cosmetic] be such that it is likely
to deteriorate or be otherwise damaged by exposure shall, take three or four, as the case may be, of the said
containers after suitably marking the same and, where necessary, sealing them.

(4) The Inspector shall restore one portion of a sample so divided or one container, as the case may be, to

the person from whom he takes it, and shall retain the remainder and dispose of the same as follows:—

(i) one portion or container he shall forthwith send to the Government Analyst for test or analysis;

(ii) the second he shall produce to the Court before which proceedings, if any, are instituted in
3

respect of the drug [or cosmetic];

4
[(iii) the third, where taken, he shall send to the person, if any, whose name, address and other

particulars have been disclosed under section 18A.]

(5) Where an Inspector takes any action under clause (c) of section 22,—
3

(a) he shall use all despatch in ascertaining whether or not the drug [or cosmetic] contravenes any of
3

the provisions of the section 18 and, if it is ascertained that the drug [or cosmetic] does not so contravene,
forthwith revoke the order passed under the said clause or, as the case may be, take such action as may be
necessary for the return of the stock seized;

3 5
(b) if he seizes the stock of the drug [or cosmetic], he shall as soon as may be inform [a Judicial
Magistrate] and take his orders as to the custody thereof;
(c) without prejudice to the institution of any prosecution, if the alleged contravention be such that

3
the defect may be remedied by the possessor of the drug [or cosmetic], he shall, on being satisfied that
the defect has been so remedied, forthwith revoke his order under the said clause.

1. Subs. by Act 68 of 1982, s.19, for ―the Code of Criminal Procedure, 1898‖ (w.e.f. 1-2-1983).
2. Ins. by Act 68 of 1982, s. 19. (w.e.f. 1-2-1983).
3. Ins.by Act 21 of 1962, s.15 (w.e.f. 27-7-1964).
4. Subs. by Act 13 of 1964, s.16, for cl. (iii) (w.e.f.15-9-1964).
5. Subs. by Act 68 of 1982, s. 20, for ―a Magistrate‖ (w.e.f. 1-2-1983).

19

 

 

Drugs and Cosmetics Act, 1940
1
[(6) Where an Inspector seizes any record, register, document or any other material object under clause

2
(cc) of sub- section (1) of section 22, he shall, as soon as may be, inform [a Judicial Magistrate] and take his
orders as to the custody thereof.]

24. Persons bound to disclose place where drugs or cosmetics are manufactured or kept. —Every
3

person for the time being in charge of any premises whereon any drug [or cosmetic] is being manufactured or
is kept for sale or distribution shall, on being required by an Inspector so to do, be legally bound to disclose to

3
the Inspector the place where the drug [or cosmetic] is being manufactured or is kept, as the case may be.

3
25. Reports of Government Analysts.—(1) The Government Analyst to whom a sample of any drug [or

cosmetic] has been submitted for test or analysis under sub-section (4) of section 23, shall deliver to the
Inspector submitting it a signed report in triplicate in the prescribed form.

(2) The Inspector on receipt thereof shall deliver one copy of the report to the person from whom the
4

sample was taken [and another copy to the person, if any, whose name, address and other particulars have
been disclosed under section 18A], and shall retain the third copy for use in any prosecution in respect of the
sample.

(3) Any document purporting to be a report signed by a Government Analyst under this Chapter shall be
evidence to the facts stated therein, and such evidence shall be conclusive unless the person from whom the

5
sample was taken [or the person whose name, address and other particulars have been disclosed under
section 18A] has, within twenty-eight days of the receipt of a copy of the report, notified in writing the
Inspector or the Court before which any proceedings in respect of the sample are pending that he intends to
adduce evidence in controversion of the report.

(4) Unless the sample has already been tested or analysed in the Central Drugs Laboratory, where a
person has under sub-section (3) notified his intention of adducing evidence in controversion of a Government
Analyst‘s report, the Court may, of its own motion or in its discretion at the request either of the complainant

3
or the accused, cause the sample of the drug [or cosmetic] produced before the Magistrate under sub-
section (4) of section 23 to be sent for test or analysis to the said Laboratory, which shall make the test or
analysis and report in writing signed by, or under the authority of, the Director of the Central Drugs
Laboratory the result thereof, and such report shall be conclusive evidence of the facts stated therein.

(5) The cost of a test or analysis made by the Central Drugs Laboratory under sub-section (4) shall be
paid by the complainant or accused as the Court shall direct.

6
3

26. Purchaser of drug [or cosmetic] enabled to obtain test or analysis.—Any person [or any
recognised consumer association, whether such person is a member of that association or not,] shall, on
application in the prescribed manner and on payment of the prescribed fee, be entitled to submit for test or

3 7
analysis to a Government Analyst any drug [or cosmetic] [purchased by him or it] and to receive a report of
such test or analysis signed by the Government Analyst.

8
[Explanation.—For the purposes of this section and section 32, ―recognised consumer association‖

means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other
law for the time being in force.]

9

[26A. Power of Central Government to prohibit manufacture, etc., of drug and cosmetic in public
interest.— Without prejudice to any other provision contained in this Chapter, if the Central Government is
satisfied, that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that
any drug does not have the therapeutic value claimed or purported to be claimed for it or contains ingredients
and in such quantity for which there is no therapeutic justification and that in the public interest it is
necessary or expedient so to do, then, that Government may, by notification in the Official Gazette,
11

[regulate, restrict or prohibit] the manufacture, sale or distribution of such drug or cosmetic.]
12

[26B. Powers of Central Government to regulate or restrict, manufacture, etc., of drug in public
interest. – Without prejudice to any other provision contained in this Chapter, if the Central Government is
satisfied that a drug is essential to meet the requirements of an emergency arising due to epidemic or natural
calamities and that in the public interest it is necessary or expedient so to do, then, that Government may, by
notification in the Official Gazette, regulate or restrict the manufacture, sale or distribution of such drug.]

10
[27. Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter.—Whoever,

himself or by any other person on his behalf, manufactures for sale or for distribution, or sells, or stocks or
exhibits or offers for sale or distributes, —
1. Ins. by Act 35 of 1960, s. 6 (w.e.f. 16-3-1961). 9. Ins. by Act 68 of 1982, s. 21 (w.e.f. 1-2-1983).
2. Subs. by Act 68 of 1982, s. 20, for ―a Magistrate‖ (w.e.f. 1-2-1983). 10. Subs. by Act 68 of 1982 s. 22, for s. 27 (w.e.f. 1-2-1983).
3. Ins. by Act 21 of 1962, s. 15 (w.e.f. 27-7-1964). 11. Sub. by Act 26 of 2008, s 4, for ―prohibit‖ (w.e.f 10-8-2009).
4. Subs. by Act 13 of 1964, s. 17, for certain words (w.e.f. 15-9-1964). 12. Ins. by Act 26 of 2008, sec 5(w.e.f. 10-8-2009).
5. Subs. by Act 13 of 1964 s.17, for ―or the said warrantor‖(w.e.f. 15-9-1964).
6. Ins. by Act 71 of 1986, s. 2 (w.e.f. 15-9-1987).
7. Subs. by Act 71 of 1986 s. 2, for ―purchased by him‖ (w.e.f. 15-9-1987).
8. Added by Act 71 of 1986 s. 2, (w.e.f. 15-9-1987).

20

 

 

Drugs and Cosmetics Act, 1940

1
(a) any drug deemed to be adulterated under section 17A or spurious under section [17B and

which] when used by any person for or in the diagnosis, treatment, mitigation, or prevention of any
disease or disorder is likely to cause his death or is likely to cause such harm on his body as would
amount to grievous hurt within the meaning of section 320 of the Indian Penal Code (45 of 1860), solely
on account of such drug being adulterated or spurious or not of standard quality, as the case may be, shall

2
be [punishable with imprisonment for a term which shall not be less than ten years but which may extend
to a term of life and with fine which shall not be less than ten lakh rupees or three times value of the drugs
confiscated, whichever is more;]

3
[Provided that the fine imposed on and released from, the person convicted under this clause shall be

paid, by way of compensation, to the person who had used the adulterated or spurious drugs referred to in
this clause.

Provided further that where the use of the adulterated or spurious drugs referred to in this clause has
caused the death of a person who used such drugs, the fine imposed on and realised from, the person
convicted under this clause, shall be paid to the relative of the person who had died due to the use of the
adulterated or spurious drugs referred to in this clause.
Explanation.—For the purposes of the second proviso, the expression “relative” means—
(i) spouse of the deceased person; or
(ii) a minor legitimate son, and unmarried legitimate daughter and a widowed mother; or
(iii) parent of the minor victim; or
(iv) if wholly dependent on the earnings of the deceased person at the time of his death, a son or a daughter
who has attained the age of eighteen years; or
(v) any person, if wholly or in part, dependent on the earnings of the deceased person at the time of this
death,—
(a) the parent; or
(b) a minor brother or an unmarried sister; or
(c) a widowed daughter-in-law; or
(d) a widowed sister; or
(e) a minor child of a pre-deceased son; or
(f) a minor child of a pre-deceased daughter where no parent of the child is alive; or
(g) the paternal grandparent if no parent of the member is alive.]

(b) any drug—

(i) deemed to be adulterated under section 17A, but not being a drug referred to in clause (a), or
(ii) without a valid licence as required under clause (c) of section 18,

4
shall be punishable with imprisonment for a term which shall [not be less than three year but which may
extend to five years and with fine which shall not be less than one lakh rupees or three times the value of
the drugs confiscated, whichever is more]:

Provided that the Court may, for any adequate and special reasons to be recorded in the judgment,
5

impose a sentence of imprisonment for a term of [less than three years and of fine of less than one lakh
rupees];

(c) any drug deemed to be spurious under section 17B, but not being a drug referred to in clause (a)
6

shall be punishable with imprisonment for a term which shall [not be less than seven years but which
may extend to imprisonment for life and with fine which shall not be less than three lakh rupees or
three times the value of the drugs confiscated, whichever is more]:

Provided that the Court may, for any adequate and special reasons, to be recorded in the
7

judgment, impose a sentence of imprisonment for a term of [less than seven years but not less than three
years and of fine of less than one lakh rupees];

(d) any drug, other than a drug referred to in clause (a) or clause (b) or clause (c), in contravention
of any other provision of this Chapter or any rule made thereunder, shall be punishable with

8
imprisonment for a term which shall not be less than one year but which may extend to two years [and
with fine which shall not be less than twenty thousand rupees]:

Provided that the Court may, for any adequate and special reasons, to be recorded in the judgment
impose a sentence of imprisonment for a term of less than one year.

1. Sub. by Act 26 of 2008, s 6(i)(A), for ―17B or which‖ (w.e.f 10-8-2009).
2. Sub. by Act 26 of 2008, s 6(i)(B), for ―punishable with imprisonment for a term which shall not be less than five years but which may extend to a term
of life and with fine which shall not be less than ten thousand rupees;‖ (w.e.f 10-8-2009).
3. Ins. by Act 26 of 2008, s. 6(i)(C) (w.e.f.10-8-2009).
4. Sub. by Act 26 of 2008, s 6(ii)(A), for ―not be less than one year but which may extend to three years and with fine which shall not be less than five
thousand rupees;‖ (w.e.f 10-8-2009).
5. Sub. by Act 26 of 2008, s 6(ii)(B),for ―less than one year and of fine of less than five thousand rupees;‖ (w.e.f 10-8-2009).
6. Sub. by Act 26 of 2008, s 6(iii)(A),(w.e.f 10-8-2009).
7. Sub. by Act 26 of 2008, s 6(iii)(B),(w.e.f 10-8-2009). 8. Sub. by Act 26 of 2008, s 6(iv), for ―and with fine‖ (w.e.f 10-8-2009).

21

 

 

Drugs and Cosmetics Act, 1940

8
[27A. Penalty for manufacture, sale, etc., of cosmetics in contravention of this Chapter.—Whoever

himself or by any other person on his behalf manufactures for sale or for distribution, or sells, or stocks or
exhibits or offers for sale—

9
[(i) any cosmetic deemed to be spurious under section 17D or adulterated under section 17E shall be

punishable with imprisonment for a term which may extend to three years and with fine which shall not be
less than fifty thousand rupees or three times to value of the cosmetics confiscated, whichever is more;

(ii) any cosmetic other than a cosmetic referred to in clause (i) in contravention of any provisions of this
Chapter or any rule made thereunder shall be punishable with imprisonment for a term which may extend
to one year or with fine which may extend to twenty thousand rupees, or with both.]

1
[28. Penalty for non-disclosure of the name of the manufacturer, etc.—Whoever contravenes the

2
provisions of section 18A [or section 24] shall be punishable with imprisonment for a term which may

3
extend to one year, or [with fine which shall not be less than twenty thousand rupees or with both.]

4[28A. Penalty for not keeping documents, etc., and for non-disclosure of information.—Whoever

without reasonable cause or excuse, contravenes the provisions of section 18B shall be punishable with
12

imprisonment for a term which may extend to one year or [with fine which shall not be less than twenty
thousand rupees or with both].

28B. Penalty for manufacture, etc., of drugs or cosmetics in contravention of section 26A.—Whoever

himself or by any other person on his behalf manufactures or sells or distributes any drug or cosmetic in
contravention of the provisions of any notification issued under section 26A, shall be punishable with
imprisonment for a term which may extend to three years and shall also be liable to fine which may extend to
five thousand rupees.]

29. Penalty for use of Government Analyst‘s report for advertising.—Whoever uses any report of a

test or analysis made by the Central Drugs Laboratory or by a Government Analyst, or any extract from
5

such report, for the purpose of advertising any drug [or cosmetic], shall be punishable with fine, which may
extend to five hundred rupees.

6 7
[30. Penalty for subsequent offences.— [(1) Whoever having been convicted of an offence—

(a) Under clause (b) of section 27, is again convicted of an offence under that clause, shall be
1 0

punishable with imprisonment for a term which shall not be [less than seven years but which may
extend to ten years and with fine which shall not be less than two lakh rupees];

Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment,
11

impose a sentence of imprisonment for a term of [less than seven years and of fine of less than one lakh
rupees];

 

1. Subs. by Act 13 of 1964, s.19, for s. 28 (w.e.f.15-9-1964).
2. Ins. by Act 68 of 1982, s. 23 (w.e.f. 1-2-1983).
3. Subs. by Act 26 of 2008 s. 7. Earlier Subs. by Act 68 of 1982, s.23.
4. Ins. by Act 68 of 1982, s. 24, (w.e.f. 1-2-1983).
5. Ins. by Act 21 of 1962, s. 15 (w.e.f.27-7-1964).
6. Subs. by Act 11 of 1955, s. 14, for s. 30.
7. Subs. by Act 68 of 1982, s. 25, for sub-section (1) (w.e.f. 1-2-1983).
8. Subs. by Act 68 of 1982 s. 22, for s. 27A (w.e.f. 1-2-1983), Earlier s. 27A was inserted by Act 21 of 1962, s 19 (w.e.f. 27-7-1964).
9. Subs. by Act 26 of 2008 s. 7, for clause (i) and (ii) (w.e.f. 10-8-2009).

10. Subs. by Act 26 of 2008 sec. 11(a)(i)(A), for ―less than two years but which may extend to six years and with fine which shall not be less than ten
thousand rupees‖;( w.e.f. 10-8-2009)

11. Subs. by Act 26 of 2008 sec. 11(a)(i)(B), for ―less than two years and of fine of less than ten thousand rupees‖; (w.e.f. 10-8-2009).
12. Subs. by Act 26 of 2008 s. 7, for ―with fine which may extend to one thousand rupees or with both‖ (w.e.f. 10-8-2009).

22

 

 

Drugs and Cosmetics Act, 1940

(b) under clause (c) of section 27 is again convicted of an offence under that clause, shall be
1 2

punishable with imprisonment for a term which shall [ less than ten years but which may extend to
imprisonment for life and with fine which shall not be less than three lakh rupees];

(c) under clause (d) of section 27, is again convicted of an offence under that clause shall be

punishable with imprisonment for a term which shall not be less than two years but which may extend
13

to four years or with fine which shall not be less than [fifty thousand rupees], or with both.]

1
[(1A) Whoever, having been convicted of an offence under section 27A is again convicted under that

section, shall be punishable with imprisonment for a term which may extend to two years, or with fine which
2

may extend to [two thousand rupees], or with both.]

3
(2) Whoever, having been convicted of an offence under [* * *] section 29 is again convicted of an

4
offence under the same section shall be punishable with imprisonment which may extend to [two tears, or
with fine which shall not be less than ten thousand rupees], or with both.]

5

31. Confiscation.— [(1)] Where any person has been convicted under this Chapter for contravening any
such provision of this Chapter or any rule made thereunder as may be specified by rule made in this behalf, the

6
stock of the drug [or cosmetic] in respect of which the contravention has been made shall be liable to

7
confiscation [and if such contravention is in respect of—

8
[(i) manufacture of any drug deemed to be misbranded under section 17, adulterated under section

17A or spurious under section 17B; or

9
(ii) [manufacture for sale, or for distribution, sale, or stocking or exhibiting or offering for sale,] or

distribution of any drug without a valid licence as required under clause (c) of section 18;

any implements or machinery used in such manufacture, sale or distribution and any receptacles, packages or
coverings in which such drug is contained and the animals, vehicles, vessels or other conveyances used in
carrying such drug shall also be liable to confiscation.]

10

[(2) Without prejudice to the provisions contained in sub-section (1) where the Court is satisfied, on the
application of an Inspector or otherwise and after such inquiry as may be necessary that the drug or

9
cosmetic is not of standard quality or is a [misbranded, adulterated or spurious drug or misbranded or
spurious cosmetic,] such drug or, as the case may be, such cosmetic shall be liable to confiscation.]

11

[31A. Application of provisions to Government departments.—The provisions of this Chapter except
those contained in section 31 shall apply in relation to the manufacture, sale or distribution of drugs of any
department of Government as they apply in relation to the manufacture, sale or distribution of drugs by any
other person.]

14

32. Cognizance of offence.— [(1) No prosecution under this Chapter shall be instituted except by-

1. Ins. by Act 21 of 1962, s. 20 (w.e.f. 27-7-1964).
2. Subs. by Act 68 of 1982, s. 25, for ―one thousand rupees‖ (w.e.f. 1-2-1983).
3. The words and figures ―section 28 or‖ omitted by Act 13 of 1964, s. 26 (w.e.f. 15-9-1964).
4. Subs. by Act 26 of 2008 sec. 11(b), for ―ten years, or with fine, or with both‖.
5. S. 31 re-numbered as sub-section (1) by Act 35 of 1960, s. 9 (w.e.f. 16-3-1961).
6. Ins. by Act 21 of 1962, s. 21 (w.e.f. 27-7-1964).
7. Ins. by Act 13 of 1964, s. 21 (w.e.f. 15-9-1964).
8. Subs. by Act 68 of 1982, s. 26, for cl. (i) (w.e.f. 1-2-1983).
9. Subs. by s. 26, ibid., for certain words (w.e.f. 1-2-1983).
10. Sub-section (2) ins. by Act 35 of 1960, s. 9 and subs. by Act 21 of 1962, s. 21 (w.e.f. 27-7-1964).
11. Ins. by Act 13 of 1964, s. 22 (w.e.f.15-9-1964).
12. Subs. by Act 26 of 2008 sec. 11(a)(ii), for ―less than six years but which may extend to ten years and with fine which shall not be less than ten

thousand rupees ‖;( w.e.f. 10-8-2009)
13. Subs. by Act 26 of 2008 sec. 11(a)(iii), for ―five thousand rupees ‖; (w.e.f. 10-8-2009)
14. Subs. by Act 26 of 2008, sec 12, for sub-section (1) and (2) (w.e.f. 10-8-2009)

23

 

 

Drugs and Cosmetics Act, 1940

(a) an Inspector, or
(b) any gazetted Officer of the Central Government or a State Government authorized in writing in this

behalf by the Central Government or a State Government by a general or special order made in this
behalf by that Government; or

(c) the person aggrieved; or
(d) a recognised consumer association whether such person is a member of that association or not.

(2) Save as otherwise provided in this Act, no court inferior to that of a Court of Sessions shall try an
offence punishable under this Chapter.]

(3) Nothing contained in this Chapter shall be deemed to prevent any person from being prosecuted under

any other law for any act or omission which constitutes an offence against this Chapter.

1

[32A. Power of Court to implead the manufacturer, etc.—Where, at any time during the trial of any
offence under this Chapter alleged to have been committed by any person, not being the manufacturer of a
drug or cosmetic or his agent for the distribution thereof, the Court is satisfied, on the evidence adduced
before it, that such manufacturer or agent is also concerned in that offence, then, the Court may,

2
notwithstanding anything contained [in sub-sections (1), (2) and (3) of section 319 of the Code of Criminal
Procedure,1973 (2 of 1974)] proceed against him as though a prosecution had been instituted against him
under section 32.]

3
[32B. Compounding of certain offences.- (1) Notwithstanding anything contained in the Code of

Criminal Procedure, 1973 (2 of 1974), any offence punishable under clause (b) of sub-section (1) of Section
13, Section 28 and Section 28A of this Act(whether committed by a company or any officer thereof), not being
an offence punishable with imprisonment only, or with imprisonment and also with fine, may, either before or
after the instructions of any prosecution, be compounded by the Central Government or by any State
Government or any officer authorized in this behalf Central Government or a State Government, on payment
for credit to that Government of such sum as that Government may, by rules made in this behalf, specify:

Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be

imposed under this Act for the offences so compounded:
Provided further that in cases of subsequent offences, the same shall not be compoundable.

(2) When the accused has been committed for trial or when he has been convicted and an appeal is

pending, no composition for the offences shall be allowed without the leave of the court to which he is
committed or, as the case may be, before which the appeal is to be heard.

(3) Where an offence is compounded under sub-section (1), no proccding or further proceeding, as the

case may be , shall be taken against the offender in respect of the offences so compounded and the offender, if
in custody, shall be released forthwith.]

4 5

33. Power of Central Government to make rules.— [(1) The Central Government may [after
consultation with, or on the recommendation of, the Board] and after previous publication by notification in
the Official Gazette, make rules for the purpose of giving effect to the provisions of this Chapter:

Provided that consultation with the Board may be dispensed with if the Central Government is of opinion

that circumstances have arisen which render it necessary to make rules without such consultation, but in
such a case the Board shall be consulted within six months of the making of the rules and the Central
Government shall take into consideration any suggestions which the Board may make in relation to the
amendment of the said rules.]

 

1. Ins. by Act 13 of 1964, s. 23 (w.e.f.15-9-1964).
2. Subs. by Act 68 of 1982, s. 28, for certain words (w.e.f. 1-2-1983).
3. Ins. by Act 26 of 2008, s. 13; (w.e.f. 10-8-2009)
4. Subs. by Act 11 of 1955, s. 15, for sub-section (1).
5. Subs. by Act 68 of 1982, s. 29, for certain words (w.e.f. 1-2-1983).

 

24

 

 

Drugs and Cosmetics Act, 1940

(2) Without prejudice to the generality of the foregoing power, such rules may—

1
(a) provide for the establishment of laboratories for testing and analysing drugs [or cosmetics];

(b) prescribed the qualifications and duties of Government Analysts and the qualifications of
Inspectors;

1

(c) prescribe the methods of test or analysis to be employed in determining whether a drug [or
cosmetic] is of standard quality;

(d) prescribe, in respect of biological and organometallic compounds, the units or methods of
standardisation;

2 3
[(dd) prescribe under clause (d) of [section 17A] the colour or colours which a drug may bear or

contain for purposes of colouring;]

4
[(dda) prescribe under clause (d) of section 17E the colour or colours which a cosmetic may bear or

contain for purposes of colouring];
6

(e) prescribe the forms of licences [for the manufacture for sale or for distribution], for the sale
1

and for the distribution of drugs or any specified drug or class of drugs [or of cosmetics or any
specified cosmetic or class of cosmetics], the form of application for such licences, the conditions

3
subject to which such licences may be issued, the authority empowered to issue the same [, the

3
qualification of such authority] and the fees payable therefor [and provide for the cancellation or
suspension of such licences in any case where any provision of this Chapter or the rules made
thereunder is contravened or any of the conditions subject to which they are issued is not complied
with;]

3
[(ee) prescribe the records, registers or other documents to be kept and maintained under

section 18B;

(eea) prescribe the fees for the inspection (for the purposes of grant or renewal of licence) of
premises, wherein any drug or cosmetic is being or is proposed to be manufactured;

(eeb) prescribe the manner in which copies are to be certified under sub-section (2A) of
section 22;]

5

(f) specify the diseases or ailments which a drug may not purport or claim [to prevent, cure or
mitigate]

and such other effects which a drug may not purport or claim to have;

(g) prescribe the conditions subject to which small quantities of drugs may be
manufactured for the purpose of examination, test or analysis;

1. Ins. by Act 21 of 1962, s. 22 (w.e.f. 27-7-1964).
2. Ins. by Act 13 of 1964, s. 24 (w.e.f. 15-9-1964).
3. Ins. by Act 68 of 1982, s. 29 ( w.e.f. 1-2-1983).
4. Ins. by Act 26 of 2008, s. 14(i) (w.e.f. 10-8-2009)
5. Subs. by Act 11 of 1955, s. 15, for ―to cure or mitigate‖.
6. Subs. By Act 68 of 1982, s. 29 ( w.e.f. 1-2-1983).

25

 

 

Drugs and Cosmetics Act, 1940

(h) require the date of manufacture and the date of expiry of potency to be clearly or truly stated

on the label or container of any specified drug or class of drugs, and prohibit the sale, stocking or
exhibition for sale, or distribution of the said drug or class of drugs after the expiry of a specified
period from the date of manufacture or after the expiry of the date of potency;

(i) prescribe the conditions to be observed in the packing in bottles, packages, and other
1 2

containers of drugs [or cosmetics], [including the use of packing material which comes into direct
contact with the drugs] and prohibit the sale, stocking or exhibition for sale, or distribution of drugs
1
[or cosmetics] packed in contravention of such conditions;

1
(j) regulate the mode of labelling packed drugs [or cosmetics], and prescribe the matter which

shall or shall not be included in such labels;
(k) prescribe the maximum proportion of any poisonous substance which may be added or

contained in any drug, prohibit the manufacture, sale or stocking or exhibition for sale, or
distribution of any drug in which that proportion is exceeded, and specify substances which shall be
deemed to be poisonous for the purposes of this Chapter and the rules made thereunder;

(l) require that the accepted scientific name of any specified drug shall be displayed in the
prescribed manner on the label or wrapper of any patent or proprietary medicine containing such
drug;

3
[****]
4 5
[(n) prescribe the powers and duties of Inspectors [and the qualifications of the authority to

6
which such Inspectors shall be subordinate] and [specify the drugs or classes of drugs or cosmetics
or classes of cosmetics] in relation to which and the conditions, limitations or restrictions subject to
which, such powers and duties may be exercised or performed;]

(o) prescribe the forms of report to be given by Government Analysts, and the manner of
application for test or analysis under section 26 and the fees payable therefor;

7
[(p) specify the offences against this Chapter or any rule made thereunder in relation to

8
which an order of confiscation may be made under section 31; [****]]

(q) provide for the exemption, conditionally or otherwise, from all or any of the provisions of
this Chapter or the rules made thereunder, of any specified drug or class of drugs 1[or cosmetic or

9
class of cosmetics]; [and]

10
[(r) sum which may be specified by the Central Government under section 32-B.]

11
[****]

12 13

[33A. Chapter not to apply to [Ayurvedic, Siddha or Unani] drugs.—Save as otherwise
13

provided in this Act, nothing contained in this Chapter shall apply to [Ayurvedic, Siddha or Unani] drugs.]

14
[CHAPTER IVA

13

PROVISIONS RELATING TO [AYURVEDIC, SIDDHA AND UNANI] DRUGS

13
33B. Application of Chapter IVA.—This Chapter shall apply only to [Ayurvedic, Siddha and Unani]

drugs.

15
33C. [Ayurvedic, Siddha and Unani Drugs Technical Advisory Board].—(1) The Central

Government shall, by notification in the Official Gazette and with effect from such date as may be specified
15

therein, constitute a Board (to be called the [Ayurvedic, Siddha and Unani Drugs Technical Advisory
Board]) to advise the Central Government and the State Governments on technical matters arising out of
this Chapter and to carry out the other functions assigned to it by this Chapter.

(2) The Board shall consist of the following members, namely:—

1. Ins. by Act 21 of 1962, s. 22 (w.e.f. 27-7-1964).
2. Ins. by Act 68 of 1982, s. 29 (w.e.f. 1-2-1983).
3. Cl. (m) omitted by Act 13 of 1964, s. 24 (w.e.f. 15-9-1965).
4. Subs. by Act 35 of 1960, s. 10, for cl. (n) (w.e.f. 16-3-1961).
5. Ins. by Act 68 of 1982, s. 29 (w.e.f. 15-9-1965).
6. Subs. by Act 21 of 1962, s. 22, for ―the drugs or class of drugs‖ (w.e.f. 27-7-1964).
7. Subs. by Act 13 of 1964, s. 24, for cl. (p) (w.e.f. 15-9-1964).
8. The word ―and‖omitted by Act 26 of 2008, sec. 14(ii) (w.e.f. 10-8-2009)
9. Ins. by Act 26 of 2008, Sec. 14 (iii) (w.e.f. 10-8-2009)
10. Ins. by Act 26 of 2008, Sec. 14 (iv) (w.e.f. 10-8-2009)
11. Sub-section (3) ins. by Act 35 of 1960 and omitted by Act 13 of 1964, s. 24 (w.e.f. 15-9-1964).
12. Ins. by Act 13 of 1964, s. 25 (w.e.f. 1-2-1969).
13. Subs. by Act 68 of 1982, s. 2, for ―AYURVEDIC (INCLUDING SIDDHA) OR UNANI‖ (w.e.f. 1-2-1983).
14. Ins. by Act 13 of 1964, s. 26 (w.e.f. 1-2-1969).
15. Subs. by Act 68 of 1982, s. 30, for certain words (w.e.f. 1-2-1983).

26

 

 

Drugs and Cosmetics Act, 1940

(i) the Director General of Health Services, ex officio;

(ii) the Drugs Controller, India, ex officio;

1
[(iii) the principal officer dealing with Indian systems of medicine in the Ministry of Health, ex officio;]

(iv) the Director of the Central Drugs Laboratory, Calcutta, ex officio;

(v) one person holding the appointment of Government Analyst under section 33F, to be nominated by the
Central Government;

(vi) one Pharmacognocist to be nominated by the Central Government;

(vii) one Phyto-chemist to be nominated by the Central Government;

2
[(viii) four persons to be nominated by the Central Government, two from amongst the members of the

Ayurvedic Pharmacopoeia Committee, one from amongst the members of the Unani Pharmacopoeia Committee and
one from amongst the members of the Siddha Pharmacopoeia Committee;]

(ix) one teacher in Dravyaguna and Bhaishajya Kalpana, to be nominated by the Central Government;

(x) one teacher in ILM-UL-ADVIA and TAKLIS-WA-DAWA-SAZI, to be nominated by the Central

Government;

3
[(xi) one teacher in Gunapadam, to be nominated by the Central Government;

(xii) three persons, one each to represent the Ayurvedic, Siddha and Unani drug industry, to be nominated by the

Central Government;

(xiii) three persons, one each from among the practitioners of Ayurvedic, Siddha and Unani Tibb system of
medicine, to be nominated by the Central Government.]

(3) The Central Government shall appoint a member of the Board as its Chairman.

(4) The nominated members of the Board shall hold office for three years but shall be eligible for renomination.

(5) The Board may, subject to the previous approval of the Central Government, make bye-laws fixing a quorum and

regulating its own procedure and conduct of all business to be transacted by it.

(6) The functions of the Board may be exercised notwithstanding any vacancy therein.

(7) The Central Government shall appoint a person to be Secretary of the Board and shall provide the Board with
such clerical and other staff as the Central Government considers necessary.

4
[33D. The Ayurvedic, Siddha and Unani Drugs Consultative Committee.—(1) The Central Government may

constitute an Advisory Committee to be called the Ayurvedic, Siddha and Unani Drugs Consultative Committee to advise
the Central Government, the State Governments and the Ayurvedic, Siddha and Unani Drugs Technical Advisory Board
on any matter for the purpose of securing uniformity throughout India in the administration of this Act in so far as it
relates to Ayurvedic, Siddha or Unani drugs.

(2) The Ayurvedic, Siddha and Unani Drugs Consultative Committee shall consist of two persons to be nominated

by the Central Government as representatives of that Government and not more than one representative of each State to
be nominated by the State Government concerned.

(3) The Ayurvedic, Siddha and Unani Drugs Consultative Committee shall meet when required to do so by the

Central Government and shall regulate its own procedure.

33E. Misbranded drugs.—For the purposes of this Chapter, an Ayurvedic, Siddha or Unani drugs shall be deemed
to be misbranded—

 

1. Subs. by Act 68 of 1982, s. 30, for cl. (iii) (w.e.f. 1-2-1983).
2. Subs. by Act 68 of 1982, s. 30, for cl. (viii) (w.e.f. 1-2-1983).
3. Subs. by Act 68 of 1982, s. 30, for cls. (xi) and (xii) (w.e.f. 1-2-1983).
4. Subs. by Act 68 of 1982, s. 31, for ss. 33D and 33E (w.e.f. 1-2-1983).

27

 

 

Drugs and Cosmetics Act, 1940

(a) if it is so coloured, coated, powered or polished that damage is concealed, or if it is made to appear of better

or greater therapeutic value than it really is; or

(b) if it is not labelled in the prescribed manner; or

(c) if its label or container or anything accompanying the drug bears any statement, design or device which
makes any false claim for the drug or which is false or misleading in any particular.

33EE. Adulterated drugs.—For the purposes of this Chapter, an Ayurvedic, Siddha or Unani drug shall be deemed

to be adulterated,—

(a) if it consists, in whole or in part, of any filthy, putrid or decomposed substance; or

(b) if it has been prepared, packed or stored under insanitary conditions whereby it may have been contaminated
with filth or whereby it may have been rendered injurious to health; or

(c) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render

the contents injurious to health; or

(d) if it bears or contains, for purposes of coloring only, a colour other than one which is prescribed; or

(e) if it contains any harmful or toxic substance which may render it injurious to health; or

(f) if any substance has been mixed therewith so as to reduce its quality or strength.

Explanation.—For the purpose of clause (a), a drug shall not be deemed to consist, in whole or in part, of any
decomposed substance only by reason of the fact that such decomposed substance is the result of any natural
decomposition of the drug:

Provided that such decomposition is not due to any negligence on the part of the manufacturer of the drug or the

dealer thereof and that it does not render the drug injurious to health.

33EEA. Spurious drugs.—For the purposes of this Chapter, an Ayurvedic, Siddha or Unani drug shall be deemed
to be spurious—

(a) if it is sold, or offered or exhibited for sale, under a name which belongs to another drug; or

(b) if it is an imitation of, or is a substitute for, another drug or resembles another drug in a manner likely to

deceive, or bears upon it or upon its label or container the name of another drug, unless it is plainly and
conspicuously marked so as to reveal its true character and its lack of identity with such other drug; or

(c) if the label or container bears the name of an individual or company purporting to be the manufacturer of the

drug, which individual or company is fictitious or does not exist; or

(d) if it has been substituted wholly or in part by any other drug or substance; or

(e) if it purports to be the product of a manufacturer of whom it is not truly a product.

33EEB. Regulation of manufacture for sale of Ayurvedic, Siddha and Unani drugs.—No person shall
manufacture for sale or for distribution any Ayurvedic, Siddha or Unani drug except in accordance with such standards,
if any, as may be prescribed in relation to that drug.

33EEC. Prohibition of manufacture and sale of certain Ayurvedic, Siddha and Unani drug.—From such date

as the State Government may, by notification in the Official Gazette, specify in this behalf, no person, either by himself
or by any other person on his behalf, shall—

(a) manufacture for sale or for distribution—

(i) any misbranded, adulterated or spurious Ayurvedic, Siddha or Unani drugs;

(ii) any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or

container thereof the true list of all the ingredients contained in it; and

28

 

 

Drugs and Cosmetics Act, 1940

(iii) any Ayurvedic, Siddha or Unani drug in contravention of any of the provisions of this Chapter or any

rule made thereunder;

(b) sell, stock or exhibit or offer for sale or distribute, any Ayurvedic, Siddha or Unani drug which has been
manufactured in contravention of any of the provisions of this Act, or any rule made thereunder;

(c) manufacture for sale or for distribution, any Ayurvedic, Siddha or Unani drug, except under, and in

accordance with the conditions of, a licence issued for such purpose under this Chapter by the prescribed authority:

Provided that nothing in this section apply to Vaidyas and Hakims who manufacture Ayurvedic, Siddha or Unani
drug for the use of their own patients:

Provided further that nothing in this section shall apply to the manufacture, subject to the prescribed conditions, of

small quantities of any Ayurvedic, Siddha or Unani drug for the purpose of examination, test or analysis.

33EED. Power of Central Government to prohibit manufacture, etc., of Ayurvedic, Siddha or Unani drugs in
public interest.—Without prejudice to any other provision contained in this Chapter, if the Central Government is
satisfied on the basis of any evidence or other material available before it that the use of any Ayruvedic, Siddha or Unani
drug is likely to involve any risk to human beings or animals or that any such drug does not have the therapeutic value
claimed or purported to be claimed for it and that in the public interest it is necessary or expedient so to do then, that
Government may, by notification in the Official Gazette, prohibit the manufacture, sale or distribution of such drug.]

33F. Government Analysts.—(1) The Central Government or a State Government may, by notification in the

Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Government Analysts for
such areas as may be assigned to them by the Central Government or the State Government, as the case may be.

(2) Notwithstanding anything contained in sub-section (1), neither the Central Government nor a State Government

shall appoint as a Government Analyst any official not serving under it without the previous consent of the Government
under which he is serving.

1
[(3) No person who has any financial interest in the manufacture or sale of any drug shall be appointed to be a

Government Analyst under this section.]

33G. Inspectors.—(1) The Central Government or a State Government may, by notification in the Official Gazette,
appoint such persons as it thinks fit, having the prescribed qualifications, to be Inspectors for such areas as may be
assigned to them by the Central Government or the State Government, as the case may be.

(2) The powers which may be exercised by an Inspector and the duties which may be performed by him and the

conditions, limitations or restrictions subject to which such powers and duties may be exercised or performed shall be
such as may be prescribed.

(3) No person who has any financial interest in the manufacture or sale of any drug shall be appointed to be an

Inspector under this section.

(4) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code
(45 of 1860) and shall be officially subordinate to such authority as the Government appointing him may specify in this
behalf.

33H. Application of provisions of sections 22, 23, 24 and 25.—The provisions of sections 22, 23, 24 and 25 and

the rules, if any, made thereunder shall, so far as may be, apply in relation to an Inspector and a Government Analyst
appointed under this Chapter as they apply in relation to an Inspector and a Government Analyst appointed under
Chapter IV, subject to the modification that the references to ―drug‖ in the said section, shall be construed as references

2
to [―Ayurvedic, Siddha or Unani] drugs‖.

3
[33-I. Penalty for manufacture, sale, etc., of Ayurvedic, Siddha or Unani drug in contravention of this

Chapter —Whoever himself or by any other person on his behalf—

(1) manufactures for sale or for distribution,—

1. Ins. by Act 68 of 1982, s. 32 (w.e.f.1-2-1983).
2. Subs. by Act 68 of 1982, s. 2, for certain words (w.e.f. 1-2-1983).
3. Subs. by Act 68 of 1982, s. 33, for ss. 33-I and 33J (w.e.f.1-2-1983).

29

 

 

Drugs and Cosmetics Act, 1940

1
[(a) Any Ayurvedic, Siddha or Unani drug –

(i) deemed to be misbranded under section 33E,
(ii) deemed to be adulterated under section 33EE, or
(ii) without a valid licence as required under clause (c) of section 33EEC,

shall be punishable with imprisonment for a term which may extend to one year and with fine which shall not be less
than twenty thousand rupees or three times the value of the drugs confiscated, whichever is more;]

(b) any Ayurvedic, Siddha or Unani drug deemed to be spurious under section 33EEA, shall be punishable

with imprisonment for a term which shall not be less than one year but which may extend to three years and with
2

fine which shall not be less than [fifty thousand rupees or three times the value of the drugs confiscated, whichever
is more]:

Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a

2
sentence of imprisonment for a term of less than one year and of fine of less than [fifty thousand rupees or three
times the value of the drugs confiscated, whichever is more]; or

3
[(c) any Ayurvedic, Siddha or Unani drug in contravention of the provisions of any notifications issuedunder

Section 33-EED shall be punishable with imprisonment for a term which may extend to three years and with fine
which may extend to fifty thousand rupees or three times the value of the drugs confiscated, whichever is more.]

(2) contravenes any other provisions of this Chapter or of section 24 as applied by section 33H or any rule made

4
under this Chapter, shall be punishable with imprisonment for a term which may extend to [six months and with
fine which shall not be less than ten thousand rupees.]

5
[33J. Penalty for subsequent offences.—Whoever having being convicted of an offence,—

(a) under clause (a) of sub-section (1) of section 33-I is again convicted of an offence under that clause, shall

be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less
6

than [fifty thousand rupees or three times the value of the drugs confiscated, whichever is more];

(b) under clause (b) of sub-section (1) of section 33-I is again convicted of an offence under that clause, shall

be punishable with imprisonment for a term which shall not be less than two years but which may extend to six years
7

and with fine which shall not be less than [one lakh rupees or three times the value of the drugs confiscated,
whichever is more:]

Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a

7
sentence of imprisonment for a term of less than two years and of fine of less than [one lakh rupees or three times
the value of the drugs confiscated, whichever is more;]

 

1. Sub. by s. 15(a)(i), for clause (a) (w.e.f. 10.08.2008). Clause (a), before substitution, stood as:―(a) Any Ayurvedic, Siddha or Unani drug – (i) deemed
to be adulterated under section 33EE, or (ii) without a valid licence as required under clause (c) of section 33EEC, shall be punishable with imprisonment
for a term which may extend to one year and with fine which shall not be less than two thousand rupees;‖
2. Sub. by Act 26 of 2008, s. 15(a)(ii), for ―five thousand rupees‖ (w.e.f. 10.08.2008)
3. Ins. by Act 26 of 2008, s. 15(a)(iii) (w.e.f. 10.08.2008)
4. Sub. by Act 26 of 2008, s. 15(b) for ―three months and with fine which shall not be less than five hundred rupees.‖ (w.e.f. 10.08.2008)
5. Sub by Act 68 of 1982,s.33 for section 33J(w.e.f. 01.02.1983)
6. Sub. by Act 26 of 2008, s. 16(a), for ―two thousand rupees‖ (w.e.f. 10.08.2008)
7. Sub. by Act 26 of 2008, s. 16(b), for ―five thousand rupees‖ (w.e.f. 10.08.2008)

 

30

 

 

Drugs and Cosmetics Act, 1940

(c) under sub-section (2) of section 33-I is again convicted of an offence under that sub-section,

5
shall be punishable with imprisonment for a term which may extend to [one year and with fine which
shall not be less than twenty thousand rupees or three times the value of the drugs confiscated, whichever
is more;]

33K. Confiscation.—Where any person has been convicted under this Chapter, the stock of the

1[Ayurvedic, Siddha or Unani] drug, in respect of which the contravention has been made, shall be liable to
confiscation.

6
[33-KA. Disclosure of name of manufacturer etc., –Every person, not being the manufacturer of any

Ayurvedic, Siddha or Unani drug or his agent for the distribution thereof, shall, if so required, disclose to the
Inspector the name, address and other particulars of the person from whom he acquired the Ayurvedic, Siddha
or Unani drug.]

6
[33-KB. Maintenance of records and furnishing of information.— Every person holding a licence under

clause (c) of section 33-EEC shall keep and maintain such records, registers and other documents as may be
prescribed and shall furnish to any officer or authority exercising any power or discharging any function under
this Act such information as is required by such officer or authority for carrying out the purposes of this Act. ]

33L. Application of provisions to Government departments.—The provisions of this Chapter except

those contained in section 33K shall apply in relation to the manufacture for sale, sale or distribution of
1

any [Ayurvedic, Siddha or Unani] drug by any department of Government as they apply in relation to the
manufacture for sale, sale or distribution of such drug by any other person.

33M. Cognizance of offences.—(1) No prosecution under this Chapter shall be instituted except by an

2
Inspector [with the previous sanction of the authority specified under sub-section (4) of section 33G].

3

(2) No Court inferior to that [of a Metropolitan Magistrate or of a Judicial Magistrate of the first class]
shall try an offence punishable under this Chapter.

4

33N. Power of Central Government to make rules.—(1) The Central Government may, [after
consultation with, or on the recommendation of, the Board] and after previous publication by notification in
the Official Gazette, make rules for the purpose of giving effect to the provisions of this Chapter:

Provided that consultation with the Board may be dispensed with if the Central Government is of

opinion that circumstances have arisen which render it necessary to make rules without such consultation, but
in such a case, the Board shall be consulted within six months of the making of the rules and the Central
Government shall take into consideration any suggestions which the Board may make in relation to the
amendment of the said rules.

(2) Without prejudice to the generality of the foregoing power, such rules may—

1
(a) provide for the establishment of laboratories for testing and analysing [Ayurvedic, Siddha or

Unani] drugs;

1. Subs. by Act 68 of 1982, s. 2, for ―Ayurvedic (including Siddha) and Unani‖ (w.e.f. 1-2-1983).
2. Ins. by Act 68 of 1982, s. 34, (w.e.f. 1-2-1983).
3. Subs. by Act 68 of 1982, s. 34, for certain words (w.e.f. 1-2-1983).
4. Subs. by Act 68 of 1982 , s. 35, for certain words (w.e.f. 1-2-1983).
5. Sub. by Act 26 of 2008, s. 16(c), for ―six months and with fine which shall not be less than one thousand rupees.‖ (w.e.f. 10.08.2008)
6. Ins. by Act 26 of 2008, s. 17, (w.e.f. 10.08.2008).

31

 

 

Drugs and Cosmetics Act, 1940

(b) prescribe the qualification and duties of Government Analysts and the qualifications of Inspectors;

1

(c) prescribe the methods of test or analysis to be employed in determining whether any [Ayurvedic, Siddha or
Unani] drug is labelled with the true list of the ingredients which it is purported to contain;

(d) specify any substance as a poisonous substance;

1 2
(e) prescribe the forms of licences for the manufacture for sale of [Ayurvedic, Siddha or Unani] drugs, [and for

sale of processed Ayurvedic, Siddha or Unani drugs,] the form of application for such licences, the conditions
subject to which such licences may be issued, the authority empowered to issue the same and the fees payable

2
therefor; [and provide for the cancellation or suspension of such licences in any case where any provision of this
Chapter or rules made thereunder is contravened or any of the conditions subject to which they are issued is not
complied with];

3
[(f) prescribe the conditions to be observed in the packing of Ayurvedic, Siddha and Unani drugs including the

use of packing material which comes into direct contact with the drugs, regulate the mode of labelling packed drugs
and prescribe the matters which shall or shall not be included in such labels;]

1

(g) prescribe the conditions subject to which small quantities of [Ayurvedic, Siddha or Unani] drugs may be
manufactured for the purpose of examination, test or analysis;

2
[(gg) prescribe under clause (d) of section 33EE the colour or colours which an Ayurvedic, Siddha or Unani

drug may bear or contain for purposes of colouring;

7
(gga) prescribe the standards for Ayurvedic, Siddha or Unani drugs under section 33EEB [***];]

8
[(ggb) prescribe the records, registers or other documents to be kept and maintained under section 33 KB; and]

(h) any other matter which is to be or may be prescribed under this Chapter.

33-O. Power to amend First Schedule.—The Central Government, after consultation with the Board and after

giving, by notification in the Official Gazette, not less than three months‘ notice of its intention so to do, may, by a like
notification, add to or otherwise amend the First Schedule for the purposes of this Chapter and thereupon the said
Schedule shall be deemed to be amended accordingly.]

4[CHAPTER V

MISCELLANEOUS

5 6
[ [33P.] Power to give directions.—The Central Government may give such directions to any State Government

as may appear to the Central Government to be necessary for carrying into execution in the State any of the provisions of
this Act or of any rule or order made thereunder.]

34. Offences by companies.—(1) Where an offence under this Act has been committed by a company, every

person who at the time the offence was committed, was in charge of, and was responsible to the company for the conduct
of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to
be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided
in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by

a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to
any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly:

 

1. Subs. by Act 68 of 1982, s. 2, for certain words (w.e.f. 1-2-1983).
2. Ins. by Act 68 of 1982, s. 35, (w.e.f. 1-2-1968).
3. Subs. by Act 68 of 1982, s. 35, for cl. (f) (w.e.f. 1-2-1968).
4. Subs. by Act 11 of 1955, s. 16, for Chapter V.
5.. Ins. by Act 35 of 1960, s. 11 (w.e.f. 16-3-1961).
6. S. 33A re-numbered as s. 33P by Act 13 of 1964, s. 27 (w.e.f. 15-9-1964).
7. The word ―and‖ omitted by Act 26 of 2008, sec.18(i) (w.e.f. 10.08.2009)
8. Sub. by Act 26 of 2008, s. 18(ii) (w.e.f. 10.08.2009)

32

 

 

Drugs and Cosmetics Act, 1940

Explanation.—For the purposes of this section—

(a) ―company‖ means a body corporate, and includes a firm or other association of individuals; and

(b) ―director‖ in relation to a firm means a partner in the firm.

1[34A. Offences by Government Departments.—Where an offence under Chapter 1V or Chapter 1VA has been committed

by any department of Government, such authority as is specified by the Central Government to be in charge of manufacture, sale or
distribution of drugs or where no authority is specified, the head of the department, shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this section shall render any such authority or person liable to any punishment provided in

Chapter 1V or Chapter 1VA, as the case may be, if such authority or person proves that the offence was committed without its or his
knowledge or that such authority or person exercised all due diligence to prevent the commission of such offence.]

2
[34AA. Penalty for vexatious search or seizure.—Any Inspector exercising powers under this Act or the rules

made thereunder, who,—

(a) without reasonable ground of suspicion searches any place, vehicle, vessel or other conveyance; or

(b) vexatiously and unnecessarily searches any person; or

(c) vexatiously and unnecessarily seizes any drug or cosmetic, or any substance or article, or any record,
register, document or other material object; or

(d) commits, as such Inspector, any other act, to the injury of any person without having reason to believe that

such act is required for the execution of his duty,

shall be punishable with fine which may extend to one thousand rupees.]

35. Publication of sentences passed under this Act.— (1) If any person is convicted of an offence under this Act, 3[the Court
before which the conviction takes place shall, on application made to it by the Inspector, cause] the offender‘s name, place of
residence, the offence of which he has been convicted and the penalty which has been inflicted upon him, to be published at the
expense of such person in such newspapers or in such other manner as the Court may direct.

(2) The expenses of such publication shall be deemed to form part of the cost relating to the conviction and shall be recoverable

in the same manner as those costs are recoverable.

36. Magistrate‘s power to impose enhanced penalties.—Notwithstanding anything contained in 4[***] 5[the Code of
Criminal Procedure, 1973 (2 of 1974)] it shall be lawful for 6[any Metropolitan Magistrate or any Judicial Magistrate of the first class]
to pass any sentence authorised by this Act in excess of his powers under 4[* * *] the said Code.

7
[36A. Certain offences to be tried summarily.—Notwithstanding anything contained in the Code of Criminal

8
Procedure, 1973 (2 of 1974), [all offences except the offences triable by the Special Court under Section 36-AB or Court
of Sessions under this Act,] punishable with imprisonment for a term not exceeding three years, other than an offence
under clause (b) of sub-section (1) of section 33-I, shall be tried in a summary way by a Judicial Magistrate of the first
class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of
sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial:

Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the

Magistrate to pass a sentence of imprisonment for a term not exceeding one year:

Provided further that when at the commencement of, or in the course of, a summary trial under this section it
appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one
year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall,
after hearing the parties, record an order to that effect and thereafter recall any witness who has been examined and
proceed to hear or rehear the case in the manner provided by the said Code.]

1. Ins. by Act 13 of 1964, s. 28 (w.e.f. 15-9-1964).
2. Ins. by Act 68 of 1982, s. 36 (w.e.f. 1-2-1983).
3. Subs. by Act 68 of 1982, s. 37, for certain words (w.e.f. 1-2-1983).
4. The words and figures ―section 32 of‖ omitted by Act 13 of 1964, s. 29 (w.e.f.15-9-1964).
5. Subs. by Act 68 of 1982, s. 38, for ―the Code of Criminal Procedure, 1898‖ (w.e.f. 1-2-1983).
6. Subs. by Act 68 of 1982, s. 38, for certain words (w.e.f. 1-2-1983).
7. Ins. by Act 68 of 1982, s. 38, (w.e.f. 1-2-1983).
8. Sub. by Act 26 of 2008, s. 19 for all offences (w.e.f. 10.08.2009)

33

 

 

Drugs and Cosmetics Act, 1940

3
[36-AB. Special Courts. – (1) The Central Government, or the State Government, in consultation with the Chief

Justice of the High Court, shall, for trial of offences relating to adulterated drugs or spurious drugs punishable under
clause (a) and (b) of Section 13, sub-section (3) of Section 22, clause (a) and (c) of Section 27, Section 28, Section 28-A,
Section 28-B and clause (b) of sub-section (1) of Section 30 and other offences relating to adulterated drugs or spurious
drugs, by notification, designate one or more Courts of Sessions as a Special Court or Special Courts for such area or for
such case or class or group of cases as may be specified in the notification.

Explanation.- In this sub-section, ―High Court‖ means the High Court of the State in which a Court of Sessions
designated as Special Court was functioning immediately before such designation.

(2) While trying an offence under this Act, a Special Court shall also try an offence, other than an offence referred
to in sub-section (1), with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at
the same trial.]

3
[36-AC. Offences to be cognizable and non-bailable in certain cases. –

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)-
(a) every offence, relating to adulterated or spurious drug and punishable under clause (a) and (c) of sub-
section (1) Section 13, clause (a) of sub-section (2) of Section 13, subsection (3) of Section 22, clause (a) and
(c) of Section 27, Section 28, Section 28A, 40 Section 28B and sub-section (1) and (2) of Section 30 and
other offences relating to adulterated drugs or spurious drugs, shall be cognizable.
(b) no person accused, of an offence punishable under clause (a) and (c) of sub-section (1) of Section 13,
clause (a) of sub-section (2) of Section 13, sub-section (3) of Section 22, clause (a) and (c) of Section 27,
Section 28, Section 28A, Section 28B and subsection (1) and (2) of Section 30 and other offences relating to
adulterated drugs or spurious drugs, shall be released on bail or on his own bond unless-
(i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and
(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable

grounds for believing that he is not guilty of such offence and that he is not likely to commit any
offence while on bail:

Provided that a person, who, is under the age of sixteen years,or is a woman or is sick or infirm, may be released
on bail, if the Special Court so directs.

(2) The limitation on granting of bail specified in clause (b) of sub-section (1) is in addition to the limitations under
the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting bail.

(3) Nothing contained in this section shall be deemed to affect the Special powers of the High Court regarding bail
under Section 439 of the Code of Criminal Procedure, 1973 (2 of 1974) and the High Court may exercise such powers
including the power under clause (b) of sub-section (1) of that section as if the reference to ―Magistrate‖ in that section
includes also a reference to ―Special Court‖ designated under Section 36AB.]

3
[36-AD. Application Code of Criminal Procedure, 1973 to proceedings before Special Courts. – (1) Save as

otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) (including the
provisions as to bails and bonds), shall apply to the proceedings before a Special Courts and for the purpose of said
provisions, the Special Court shall be deemed to be a Court of Sessions and the person conducting the prosecution before
the Special Court, shall be deemed to be a Public Prosecutor:

Provided that the Central Government or the State Government may also appoint, for any case or cases or group of
cases, a Special Public Prosecutor.

(2) A person shall not be qualified to be appointed as Public Prosecutor or a Special Public Prosecutor under this
section unless he has been in practice as an advocate for not less than seven years, under the Union or a State, requiring
special knowledge of law.

(3) Every person appointed as a Public Prosecutor or a Special Public Prosecutor under this section shall be
deemed to be a Public Prosecutor within the meaning of clause (u) of 41 Section 2 of the Code of Criminal Procedure,
1973 (2 of 1974) and the provisions of that Code shall have effect accordingly.]

3
[36AE. Appeal and revision.- The High Court may exercise, so far as may be applicable, all the powers

conferred by Chapter XXIX or Chapter XXX of the Code of Criminal Procedure, 1973(2 of 1974), on a High Court, as if
a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within
the local limits of the jurisdiction of the High Court.]

37. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against any
person for anything which is in good faith done or intended to be done under this Act.

1
[38. Rules to be laid before Parliament.— Every rule 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
2

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 rule or both Houses
agree that the rule should not be made, the rule shall thereafter have effect only in such modified from 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 rule.]

1. Ins. by Act 13 of 1964, s. 30 (w.e.f. 15-9-1964).
2. Subs. by Act 68 of 1982, s. 40, for certain words (w.e.f. 1-2-1983).
3. Ins. by Act 26 of 2008, s. 20 (w.e.f. 10.08.2009)

34

 

 

Drugs and Cosmetics Act, 1940

1
[THE FIRST SCHEDULE

[See section 3(a)]

2
[A.—AYURVEDIC AND SIDDHA SYSTEMS]

Serial No. Name of book

Ayurveda

1. Arogya Kalpadruma
2. Arka Prakasha
3. Arya Bhishak
4. Ashtanga Hridaya
5. Ashtanga Samgraha
6. Ayurveda Kalpadruma
7. Ayurveda Prakasha
8. Ayurveda Samgraha
9. Bhaishajya Ratnavali
10. Brihat Bhaishajya Ratnakara
11. Bhava Prakasha
12. Brihat Nighantu Ratnakara
13. Charaka Samihita
14. Chakra Datta
15. Gada Nigraha
16. Kupi Pakva Rasayana
17. Nighantu Ratnakara
18. Rasa Chandanshu
19. Rasa Raja Sundara
20. Rasaratna Samuchaya

3
21. [Rasatantra Sara Va Siddha Prayoga Sangraha—Part 1]
4
[21 (a) Rasatantra Sara Va Siddha Prayoga Sangraha—Part II (Edition 2006)]

22. Rasa Tarangini
23. Rasa Yoga Sagara
24. Rasa Yoga Ratnakara
25. Rasa Yoga Samgraha
26. Rasendra Sara Samgraha
27. Rasa Pradipika
28. Sahasrayoga
29. Sarvaroga Chikitsa Ratnam
30. Sarvayoga Chikitsa Ratnam
31. Sharangadhara Samhita
32. Siddha Bhaishajya Manimala
33. Siddha Yoga Samgraha
34. Sushruta Samhita
35. Vaidya Chintamani
36. Vaidyaka Shabda Sindu
37. Vaidyaka Chikitsa Sara
38. Vidya Jiwan
39. Vasava Rajeeyam
40. Yoga Ratnakara
41. Yoga Tarangini
42. Yoga Chintamani
43. Kashyapasamhita
44. Bhelasamhita
45. Vishwanathachikitsa
46. Vrindachikitsa

 

1. Subs. by Act 13 of 1964, s. 31, for the Sch. The First Schedule came into force with effect from 1-2-1969 and the Second Schedule came into force
with effect from the 15th September, 1964.

2. Subs. by Act 68 of 1982, s. 41 (w.e.f. 1-2-1983).
3. Subs. by Notification No. G.S R. 658 (E), dated 31-08-1994.
4. Added by G.S R. 337 (E), dated 15-04-2010 (w.e.f. 20.4.2010).

35

 

 

Drugs and Cosmetics Act, 1940

Serial No. Name of book
47. Ayurvedachintamani
48. Abhinavachintamani
49. Ayurveda-Ratnakara
50. Yogaratnasangraha
51. Rasamrita
52. Dravyagunanighantu
53. Rasamanjari
54. Bangasena

1[54A 6 [Ayurvedic Formulary of India and its Parts)
54B Ayurveda Sara Samgraha]

2[54C Ayurvedic Pharmacopoeia of India.]
5[54D. Ayurvedic Pharmacopoeia of India and its Parts.]

Siddha

 

55 Siddha Vaidya Thirattu
56 Therayar Maha Karisal
57 Brahma Muni Karukkadai (300)
58 Bhogar (700)
59 Pulippani (500)
60 Agasthiyar Paripuranam (400)
61 Therayar Yamagam
62 Agasthiyar Chenduram (300)
63 Agasthiyar (1500)
64 Athmarakshamrutham
65 Agasthiyar Pin (80)
66 Agasthiyar Rathna Churukkam
67 Therayar Karisal (300)
68 Veeramamuni Nasa Kandam
69 Agasthiyar (600)
70 Agasthiyar Kanma Soothiram
71 18 Siddar‘s Chillarai Kovai
72 Yog Vatha Kaviyam
73 Therayar Tharu
74 Agasthiyar Vaidya Kaviyam (1500)
75 Bala Vagadam
76 Chimittu Rathna (Rathna) Churukkam
77 Nagamuni (200)
78 Agasthiyar Chillarai Kovai
79 Chikicha Rathna Deepam
80 Agasthiyar Nayana Vidhi
81 Yugi Karisal (151)
82 Agasthiyar Vallathi (600)
83 Therayar Thaila Varkam

31[84 Siddha Formulary of India (Part I)]
5[85 Siddha Formulary of India and its Parts]

4[B.—UNANI TIBB SYSTEM]

Serial No. Name of book
1 Karabadin Qadri
2 Karabadin Kabir
3 Karabadin Azam
4 Ilaj-ul-Amraz
5 Al Karabadin
6 Biaz Kabir Vol. II
7 Karabadin Jadid
8 Kitab-ul-Taklis
9 Sanat-ul-Taklis
10 Mifta-ul-Khazain
11 Madan-ul-Aksir
12 Makhzan-ul-murabhat

1[13 National Formulary of Unani Medicine 7[****]]
8[14 Unani Pharmacopoeia of India]

 

1. Ins. by Notifn. No. G.S.R. 735 (E), dated the 28th August, 1987. 6. Subs. by G.S R. 337 (E), dated 15-04-2010 (w.e.f. 20.4.2010).
2. Ins. by Notifn. No. G.S.R. 423 (E), dated the 11th June, 2002. 7. Omitted by GSR 780(E), dt 25-11-2004.
3. Ins. by Notifn. No. G.S.R. 735 (E), dated the 28th August, 1987. 8. Ins by GSR 780 (E), dt. 25.11.20114.
4. Subs. by Act 68 of 1982, s. 41 (w.e.f. 1-2-1983).
5. Ins. by G.S R. 337 (E), dated 15-04-2010 (w.e.f. 20.4.2010).

36

 

 

Drugs and Cosmetics Act, 1940

4
[THE SECOND SCHEDULE

(See sections 8 and 16)

STANDARDS TO BE COMPLIED WITH BY IMPORTED DRUGS AND BY DRUGS MANUFACTURED FOR SALE, SOLD,
STOCKED OR EXHIBITED FOR SALE OR DISTRIBUTED

Class of drug Standard to be complied with

1 2
1

1. Patent or proprietary medicines [other than The formula of list of ingredients displayed in the
Homoeopathic medicines] prescribed manner on the label of the container and

such other standards as may be prescribed.

2
2. [Substances commonly known as vaccines, sera The standards maintained at the International
toxins, toxoids, antitoxins and antigens and Laboratory for Biological Standards, Stantans Serum
biological products of like nature, for human use or Institute, Copenhagen and at the Central Veterinary
for veterinary use. Laboratory, Weybridge Surrey, U.K., and such other

laboratories recognized by the World Health

Organization from time to time, and such further

standards of strength, quality and purity, as may be
prescribed.]

3[* * * *]

4. Substances (other than food) intended to affect the Such standards as may be prescribed.
structure or any function of the human body or

intended to be used for the destruction of vermin or

insects which cause disease in human beings or

animals.

5 1
[ [4-A. Homoeopathic Medicines.

(a) Drugs included in the Homoeopathic Standards of identity, purity and strength specified in
Pharmacopoeia of India. the edition of the Homoeopathic Pharmacopoeia of

India for the time being and such other standards as

may be prescribed.

(b) Drugs not included in the Homoeopathic
Standards of identity, purity and strength prescribed

Pharmacopoeia of India but which are
for the drugs in the edition of such Pharmacopoeia

included in the Homoeopathic
for the time being in which they are given and such

Pharmacopoeia of United States of
other standards as may be prescribed.

America or the United kingdom or the
German Homoeopathic Pharmacopoeia.

(c) Drugs not included in the Homoeopathic The formula or list of ingredients displayed in the

Pharmacopoeia of India or the United prescribed manner on the label of the containder and

States of America, or the United such other standards as may be prescribed by the

Kingdom or the German Homoeopathic Central Government].]

Pharmacopoeia.

1. Ins. by Notifn. No. S.O. 887, dated the 19th March 1966, Gazette of India , Pt. II, Sec. 3 (ii), p. 819.
2. Subs. by Notifn. No. G.S.R. 299(E), dated the 23rd April 1984.
3. Entry 3 omitted by Notifn. No. G.S.R. 299(E), dated the 23rd April, 1984.
4. Subs. by Act 13 of 1964, S. 31, for the Schedule.
5. Subs. by G.S.R. 820 (E), dt. 6-6-1978, for item 4A, earlier Ins. by Notifn. No. S.O. 887, dated the 19th March 1966, Gazette of India , Pt.
II, Sec. 3 (ii), p. 819.

37

 

 

Drugs and Cosmetics Act, 1940

Class of drug Standard to be complied with

1 2

1[5. Other drugs:
(a) Drugs included in the Indian Pharmacopoeia Standards of identity, purity and strength specified

in the edition of the Indian Pharmacopoeia for the
time being in force and such other standards as may
be prescribed.

In case the standards of identity, purity and strength
for drugs are not specified in the edition of the
Indian Pharmacopoeia for the time being in force
but are specified in the edition of the Indian
pharmacopoeia immediately preceding, the
standards of identity, purity and strength shall be

those occurring in such immediately preceding

edition of the Indian Pharmacopoeia and such other
standards as may be prescribed.

(b) Drugs not included in the Indian Standards of identity, purity and strength specified
Pharmacopoeia but which are included in the for drugs in the edition of such official
official Pharmacopoeia of any other country. Pharmacopoeia of any other country for the time

being in force and such other standards as may be
prescribed.

In case the standards of identity, purity and strength
for drugs are not specified in the edition of such
official Pharmacopoeia for the time being in force,
but are specified in the edition immediately
preceding, the standards of identity, purity and
strength shall be those occurring in such
immediately preceding of such official
Pharmacopoeia and such other standards as may be
prescribed.]]

 

1. Subs. by Notifn. No. G.S.R. 885, dated the 4th August, 1973, Gazette of India, Pt. II, s. 3(i), p. 1643, for item 5.

38

 

 

 

Drugs and Cosmetics Rules, 1945

 

 

[21st December 1945]

_ 1
Notificaiton: No. F. 28-10/45-H (1). In exercise of the powers conferred by [sections 6(2),
12, 33 and 33N] of the Drugs and Cosmetics Act, 1940 (XXIII of 1940), the Central
Government is pleased to make the following Rules:-

PART I
PRELIMINARY

 

1. Short title, extent and commencement. (1) These Rules may be called the
9

Drugs [and Cosmetics] Rules, 1945.
2
(2) They extend to the whole of India. [***]

10

[***]

2. Definitions. In these Rules, unless there is anything repugnant in the subject or
context

 

(a) ―the Act‖ means the Drugs and Cosmetics Act, 1940 (XXIII of 1940) as
amended from time to time;

3[(b) ―Central Licence Approving Authority‖ means the Drugs Controller,
India, or the Joint Drugs Controller (India) or the Deputy Drugs Controller (India)
appointed by the Central Government;]

 

(c) ―Director‖ means the Director of the Central Drugs Laboratory;

(d) ―Form‖ means a form set forth in Schedule A;

4[(dd) Homoeopathic medicines include any drug which is recorded in
Homoeopathic provings or therapeutic efficacy of which has been established
through long clinical experience as recorded in authoritative Homoeopathic
literature of India and abroad and which is prepared according to the techniques
of Homoeopathic pharmacy and covers combination of ingredients of such
Homoeopathic medicines but does not include a medicine which is
administered by parenteral route;]

 

(e) ―Laboratory‖ means the Central Drugs Laboratory;
5
[(ea) ―registered Homoeopathic medical practitioner‖ means a person who

is registered in the Central Register or State Register of Homoeopathy;]
8
[(eb)―Phytopharmaceutical drug‖ includes purified and standardised fraction

with defined minimum four bio-active or phyto-chemical compounds
(qualitatively and quantitatively assessed) of an extract of a medicinal plant or
its part, for internal or external use of human beings or animals for diagnosis,
treatment, mitigation or prevention of any disease or disorder but does not
include administration by parenteral route.]

6
[(ee) ―Registered 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 (7 of 1916), or
specified in the Schedules to the Indian Medical Council Act, 1956 (102 of
1956); or

 

(ii) registered or eligible for registration in a medical register of a
State meant for the registration of persons practising the modern scientific

7
system of medicine [excluding the Homoeopathic system of medicine]; or

1. Subs. by G.S.R. 370(E), dt. 7-4-1994. 2. Omitted by G.S.R. 358, dt. 15-3-1975.
3. Sub. by GSR. 579(E), dt. 20-9-2006, earlier Ins. by G.S.R. 923(E), dt. 14-12-1992.
4. Ins. by Notfn. No. F. 1-59 / 68-D, dt. 19-11-1969.
5. Ins. by G.S.R 680 (E), dt. 5-12-1980. 6. Ins. by Notfn. F. 1-22 / 59-D, dt. 9-4-1960.
7. Ins. by S.O. 2139, dt. 15-6-1972. 8. Ins. By G.S.R 918(E), dt. 30-11-2015.
9. Ins. by GSR 1183(E), dt 17-8-1964. 10. Sub-rule (3) omitted by GSR 19, dt. 15-12-1977.

 

39

 

 

Drugs and Cosmetics Rules 1945
1

(iii) registered in a medical register, [other than a register for the
registration of Homoeopathic practitioner], 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 purposes of this Act; or

 

(iv) registered or eligible for registration in the register of dentists for a
State under the Dentists Act, 1948 (16 of 1948); or

(v) who is engaged in the practice of veterinary medicine and who
possesses qualifications approved by the State Government;]

2 3
[(f) ―retail sale‖ means a sale [whether to a hospital, or dispensary, or a

medical, educational or research institute or to any other person] other than a
sale by way of wholesale dealing];

4
[(g) ―sale by way of wholesale dealing‖ means sale to a person for the

purpose of selling again and includes sale to a hospital, dispensary, medical,
educational or research institution;]

5
[(h) ―Schedule‖ means a Schedule to these Rules;]

6[(i) State Government in relation to a Union Territory means the
Administrator thereof;

9
[***]

PART II

THE CENTRAL DRUGS LABORATORY

3. Functions. It shall be the function of the Laboratory

(i) to analyse or test such samples of drugs as may be sent to it under sub-
section (2) of section 11, or under sub-section (4) of section 25 of the Act;

7
[* * * * *]

 

(iii) to carry out such other duties as may be entrusted to it by the Central
Government or, with the permission of the Central Government, by a State
Government after consultation with the Drugs Technical Advisory Board.

8
[3A. (1)The functions of the Laboratory in respect of the following drugs or

classes of drugs shall be carried out at the Central Research Institute, Kasauli, and the
functions of the Director in respect of the said drugs or classes of drugs shall be
exercised by the Director of the said Institute :

 

(1) Sera.

(2) Solution of serum proteins intended for injection.

(3) Vaccines.

(4) Toxins.

(5) Antigens.

1. Ins. by S.O. 2139, dt. 5-6-1972.
2 Subs. by Notfn. No. F. 1-3/51-DS., dt. 15-11-1954.
3. Ins. by G.S.R 681 (E), dt. 6-6-1988.
4. Subs. by Notfn. F-1-16/57, dt. 15.6.1957.
5. Subs. by Notfn. No. F. 28-10/45-H (1), dt. 31-3-1957.
6. Subs. by Notfn. No. F-1-16/57-D, dt. 15-6-1957.
7. Cl. (ii) omitted, by Notfn. No. F-1-16/57-D, dt. 15-6-1957.
8 Ins. by Notfn. No. F. 4-1 / 60-D, dt. 15-5-1961.
9. Cl. (j) omitted by GSR 592(E), dt. 13-08-2008

40

 

 

Drugs and Cosmetics Rules 1945

(6) Anti-toxins.

(7) Sterilized surgical ligature and sterilised surgical suture.

(8) Bacteriophages:

1
[Provided that the functions of the Director in respect of Oral Polio Vaccine shall

be exercised by the Deputy Director and Head of the Polio Vaccine Testing
Laboratory in case of Central Research Institute, Kasauli only.]

2
[(1A) The functions of the Laboratory in respect of Oral Polio Vaccine shall be

carried out by the following Institutes and the functions of the Director in respect of
the said drugs shall be exercised by the Director of the respective Institutes :-

(a) Pasteur Institute of India, Coonoor.

(b) Enterovirus Research Centre (Indian Council of Medical Research),
Haffkin Institute Compound, Parel, Bombay-400012.]

3
[(c) The National Institute of Biologicals, NOIDA.]

4
[(2) The functions of the Laboratory in respect of the following drugs or classes of

drugs shall be carried out at the Indian Veterinary Research Institute, Izatnagar or
Mukteshwar and the functions of the Director in respect of the said drugs or classes of
drugs shall be exercised by the Director of either of the said institutes.

 

(1) Anti-sera for veterinary use.

(2) Vaccines for veterinary use.

(3) Toxoids for veterinary use.

(4) Diagnostic Antigens for veterinary use.]

5
[(3) The functions of the laboratory in respect of testing of condoms shall be

carried out at the Central Drugs Testing Laboratory, Chennai, and the functions of
the Director in respect of the said products shall be exercised by the Director of the
said Laboratory.]

6
[(4)] The functions of the Laboratory in respect of the following drug shall be

carried out at the Laboratory of the Serologist and Chemical Examiner to the
Government of India, Calcutta and the functions of the Director in respect of the said
drug shall be performed by the Serologist and Chemical Examiner of the said
Laboratory :

VDRL Antigen.

7
[(5) The function of the Laboratory in respect of Intra-Utrine Devices and Falope
Rings shall be carried out at the Central Drugs Testing Laboratory, Thane,
Maharashtra and the functions of the Director in respect of the said devices shall be
exercised by the Director of the said Laboratory.]

1. Subs. by G.S.R.445(E), dt. 30-4-1992. Earlier Ins. by G.S.R.62(E), dt. 15-2-1982.

2. Ins. by G.S.R. 445(E), dt. 30-4-1992.

3. Ins. by G.S.R.249(E), dt. 4-4-2002.

4. Ins. by Notfn. No. F.-1-6/62-D, dt. 2-7-1969.

5. Sub. By G.S.R. 651(E), dt. 9-9-2009, earlier Ins. by S. O. No. 2139, dt. 12-8-1972.

6. Sub-rule (4) omitted and sub-rule (5) renumbered as sub-rule (4) by Notfn. No. G.S.R. 62(E),

dt. 15-2-1982.

7. Subs. by G.S.R 242(E), dt. 18-3-1998. Earlier Ins. by G.S.R. No. 865 (E), dt. 25-10-1990.

41

 

 

Drugs and Cosmetics Rules 1945

1
[(6) The functions of the Laboratory in respect of human blood and human blood

products including components, to test for freedom of HIV antibodies, shall be
carried out by the following Institutes/Hospitals and the functions of the Director in
respect of the above mentioned products shall be exercised by the head of the
respective Institute, namely:-

(a) National Institute for Communicable Disease, Department of
Microbiology, Delhi.

(b) National Institute of Virology, Pune

(c) Centre of Advanced Research in Virology, Christian Medical College,
Vellore.]

2
[(7) The functions of the Laboratory in respect of Homoeopathic medicines shall

be carried out at the Homoeopathy Pharmacopoeia Laboratory, Ghaziabad and the
functions of the Director in respect of the Homoeopathic medicines shall be exercised
by the Director of the laboratory.]

3
[(8) (a) The functions of the Laboratory in respect of the following kits or class of

drugs shall be carried out at the National Institute of Biologicals, Noida and the
functions of the Director in respect of the said drugs or class of drugs shall be
exercised by the Director of the said institute.

(b) The kits or class of drugs referred to in clause (a) are-
(1) Blood grouping reagents.
(2) Diagnostic kits for human immunodeficiency virus, Hepatitis B Surface Antigen

and Hepatitis C Virus.
(3) Blood products-

(a) Human Albumin;
(b) Human Normal Immunoglobulin (intramuscular and intravenous);
(c) Human Coagulation Factor VIII;
(d) Human Coagulation Factor IX;
(e) Plasma Protein Fractionation;
(f) Fibrin Sealant Kit;
(g) Anti Inhibitor Coagulation complex.

(4) Recombinant products such as-
(a) Recombinant insulin and insulin analogue;
(b) r-erythropoietin (EPO);
(c) r-Granulocyte Colony stimulating Factor (G-CSF).

(5) Biochemical kits-
(a) Glucose Test Strips;

(b) Fully Automated analyzer based glucose reagents.]

4. Despatch of samples for test or analysis.- (1) Samples for test or analysis under
sub-section (4) of section 25 of the Act shall be sent by registered post in a sealed
packet, enclosed, together with a memorandum in Form 1, in an outer cover
addressed to the Director.

(2) The packet as well as the outer cover, shall be marked with a distinguishing
number.

(3) A copy of the memorandum in Form 1 and a specimen impression of the seal used
to seal the packet shall be sent separately by registered post to the Director.

5. Recording of condition of seals.
On receipt of the packet, it shall be opened by an officer authorised in writing in that
behalf by the Director who shall record the condition of the seal on the packet.

1. Ins. by G.S.R 16(E), dt. 10-1-1990. 2. Ins. by G.S.R 246(E), dt. 1-5-1991.

3. Sub. by G.S.R. No. 908(E), dt. 4-4-2014. Earlier Ins. by G.S.R. No. 249 (E), dt. 4-4-2002.

42

 

 

Drugs and Cosmetics Rules 1945

6. Report of result of test or analysis. After test or analysis the result of the test or
analysis, together with full protocols of the tests applied, shall be supplied forthwith
to the sender in Form 2.

7. Fees. The fees for test and analysis shall be those specified in Schedule B.

8. Signature of certificates. Certificates issued under these Rules by the
Laboratory shall be signed by the Director or by an officer authorised by the Central
Government by Notification in the Official Gazette to sign such certificates.

1
[PART III

 

[RULES 9 to 20- omitted by SRO. 2136 dated 15-06-1957]

PART IV
2
[IMPORT AND REGISTRATION]

21. In this Part.–

3 4
[(a) ―import licence‖ means either a licence in Form 10 to import drugs [* *

*]; excluding those specified in Schedule X, or a licence in Form 10-A to
import drugs specified in Schedule X;]

(b) ―licensing authority‖ means the authority appointed by the Central

Government to perform the duties of the licensing authority under these Rules and
includes any person to whom the powers of a licensing authority may be
delegated under Rule 22;

(c) ―licence for examination, test or analysis‖ means a licence in Form 11 to

import small quantities of drugs the import of which is otherwise prohibited, for
the purpose of examination, test or analysis;

5
[(d) ―manufacturer‖ includes a manufacturer of drugs, who may be a

Company or a unit or a body corporate or any other establishment in a country
other than India, having its drugs manufacturing facilities duly approved by the
National Regulatory Authority of that country, and who also has a free sale
approval of the drugs approved by the said authority in the concerned country, and
/or in other major countries;

(e) ―Registration Certificate‖ means a certificate issued under Rule 27A by

the licensing authority in Form 41 for registration of the premises and the drugs
manufactured by the manufacturer meant for import into and use in India.]

22. The licensing authority may with the approval of the Central Government by an

2
order in writing delegate the [power to sign licences and Registration Certificate and]
such other powers as may be specified in the order to any other person under his
control.

 

1. Part III (Rules 9 to 20) omitted by Notfn. No. F. 1-16/57-D (SRO 2136), dt. 15-6-1957.

2. Sub. by G.S.R 604 (E), dt. 24-8-2001.

3. Subs. by G.S.R 462 (E),dt. 22-6-1982.

4. Omitted by G.S.R 604 (E), dt. 24-8-2001.

5. Ins. by G.S.R 604 (E), dt. 24-8-2001.

43

 

 

Drugs and Cosmetics Rules 1945

1 2
[23. Import licences.–An import licence in Form 10 shall be required for [import

of drugs], excluding those specified in Schedule X, and an import licence in Form 10-
A shall be required for the import of drugs specified in Schedule X.]

2
[24. Form and manner of application for import licence.– (1) An application for

an import licence shall be made to the licensing authority in Form 8 for drugs
excluding those specified in Schedule X, and in Form 8A for drugs specified in
Schedule X, either by the manufacturer himself having a valid wholesale licence for
sale or distribution of drugs under these Rules, or by the manufacturer‘s agent in
India either having a valid licence under the Rules to manufacture for sale of a drug
or having a valid wholesale licence for sale or distribution of drugs under these Rules,
and shall be accompanied by a licence fee of one thousand rupees for a single drug
and an additional fee at the rate of one hundred rupees for each additional drug and by
an undertaking in Form 9 duly signed by or on behalf of the manufacturer:

Provided that in the case of any subsequent application made by the same importer

for import licence for drugs manufactured by the same manufacturer, the fee to
accompany each such application shall be one hundred rupees for each drug:

 

(2) Any application for import licence in Form 8 or Form 8-A, as the case may be,

shall be accompanied by a copy of Registration Certificate issued in Form 41 under
Rule 27A:

Provided that in case of emergencies the licensing authority may, with the

approval of the Central Government, issue an import licence in Form 10 or 10A, as
the case may be, without the issuance of Registration Certificate under Rule 27A, for
reasons to be recorded in writing.

3
[Provided further that Registration certificate shall not be required to be

accompanied with an application for an import licence under the Rules for the import
of in-vitro diagnostic kits and regents, except for the diagnostic kits notified from
time to time under sub-clause (iv) of clause (b) of section 3.]

(3) A fee of two hundred and fifty rupees shall be paid for a duplicate copy of the

licence issued under this Rule, if the original is defaced, damaged or lost.]

4
[24A. Form and manner of application for Registration Certificate.—(1) An

application for issue of a Registration Certificate shall be made to the licensing
authority in Form 40, either by the manufacturer himself, having a valid wholesale
licence for sale or distribution of drugs under these rules, or by his authorised agent
in India, either having a valid licence under the rules to manufacture for sale of a drug
or having a valid wholesale licence for sale or distribution of drugs under these rules,
and shall be accompanied by the fee specified in sub-rule (3) and the informations and
undertakings specified in Schedules D-I and D-II duly signed by or on behalf of the
manufacturer.

 

 

1. Subs. by G.S.R. 462 (E), dt. 22-6-1982.
2. Subs. by G.S.R 604 (E), dt. 24-8-2001.
3. Ins. by G.S.R. 35(E), dt. 20.1.2005.
4. Ins. by G.S.R 604 (E), dt. 24-08-2001.

44

 

 

Drugs and Cosmetics Rules 1945

(2) The authorisation by a manufacturer to his agent in India shall be documented
by a power of attorney executed and authenticated either in India before a First Class
Magistrate, or in the country of origin before such an equivalent authority, the
certificate of which is attested by the Indian Embassy of the said country, and the
original of the same shall be furnished along with the application for Registration
Certificate.

1
(3) (i) A fee of one thousand and five hundred US dollars [or its equivalent in

Indian rupees] shall be paid along with the application in Form 40 as registration fee
for his premises meant for manufacturing of drugs intended for import into and use in
India

1
(ii) A fee of one thousand US dollars [or its equivalent in Indian rupees] shall be

paid along with the application in Form 40 for the registration of a single drug meant
for import into and use in India and an additional fee at the rate of one thousand US
dollars for each additional drug:

 

Provided that in the case of any subsequent application for registration of
additional drugs by the same manufacturer, the fee to accompany shall be one

1
thousand US dollars [or its equivalent in Indian rupees] for each drug.

 

(4) The fees shall be paid through a Challan in the Bank of Baroda, Kasturba
Gandhi Marg, New Delhi-110001 or any other branch or branches of Bank of Baroda,
or any other bank, as notified, from time to time, by the Central Government, to be
credited under the Head of Account ―0210-Medical and Public Health, 04-Public
Health, 104-Fees and Fines‖:

 

Provided that in the case of any direct payment of fees by a manufacturer in the
country of origin, the fees shall be paid through Electronic Clearance System (ECS)
from any bank in the country of origin to the Bank of Baroda, Kasturba Gandhi Marg,
New Delhi, through the Electronic Code of the bank in the Head of Account ―0210-
Medical and Public Health, 04- Public Health, 104-Fee and Fines‖, and the original
receipt of the said transfer shall be treated as an equivalent to the bank challan,
subject to the approval by the Bank of Baroda that they have received the payment.

 

(5) The applicant shall be liable for the payment of a fee of five thousand US
1

dollars [or its equivalent in Indian rupees] for expenditure as may be required for
inspection or visit of the manufacturing premises or drugs, by the licensing authority
or by any other persons to whom powers have been delegated in this behalf by the
licensing authority under Rule 22.

 

(6) The applicant shall be liable for the payment of testing fees directly to a testing
laboratory approved by the Central Government in India or abroad, as may be
required for examination, tests and analysis of drug.

1
(7) A fee of three hundred US dollars [or its equivalent in Indian rupees] shall be

paid for a duplicate copy of the Registration Certificate, if the original is defaced,
damaged or lost.

 

(8) No Registration Certificate shall be required under these Rules in respect of an
inactive bulk substance to be used for a drug formulation, with or without
pharmacopoeial conformity.]

 

1. Ins. by G.S.R. 35(E), dt. 20.1.2005.

45

 

 

Drugs and Cosmetics Rules 1945

25. Licences for import of drugs manufactured by one manufacturer.– (1) A single
application may be made, and a single licence may be issued, in respect of the import
of more than one drug or class of drugs manufactured by the same manufacturer:

1
[Provided that the drugs or classes of drugs are manufactured at one factory or

more than one factory functioning conjointly as a single manufacturing unit:

Provided further that if a single manufacturer has two or more factories situated in
different places manufacturing the same or different drugs a separate licence shall be
required in respect of the drugs manufactured by each such factory.]

2
[* * * * *]

3
[25A. Condition to be satisfied before a licence in Form 10 or Form 10-A is

granted. (1) A licence in Form 10 or in Form 10-A shall be granted by the licensing
authority having regard to–

(i) the premises, where the imported substances will be stocked, are

equipped with proper storage accommodation for preserving the properties of the
drugs to which the licence applies; and

(ii) the occupation, trade or business ordinarily carried out by the

applicant:

Provided that the licensing authority may refuse to grant a licence in Form 10-A
in respect of any applicant where he is satisfied,–

(a) that the applicant has not complied with the provisions of the Act or

these rules; or

(b) that by reasons of—
4
[(i) his conviction under the Act or these Rules or the Narcotic Drugs

and Psychotropic Substances Act, 1985 (61 of 1985) or the rules made
thereunder;]

(ii) previous suspension or cancellation of the licence granted to him;

he is not a fit person to whom licence shall be granted.

(2) Any person who is aggrieved by the order passed by the licensing authority

under this Rule may, within thirty days of the receipt of the order, appeal to the
Central Government and the Central Government may after such enquiry into the
matter as it considers necessary and after giving the appellant an opportunity for
making a representation in the matter, make such orders in relation thereto as it thinks
fit.]

1. Ins. by Notfn. No. F. 1-19/48-D, dt. 27-10-1949.

2. Omitted Notfn. No.F. 1-16/57-D, dt. 15-6-1957.

3. Subs. by G.S.R 462(E), dt. 22-6-1982. Earlier Ins. by Notfn. No. F. 1-9/52-D. dt. 3-11-1958.

4. Subs. by G.S.R 604 (E), dt. 24-8-2001.

46

 

 

Drugs and Cosmetics Rules 1945

1
[25B. Registration Certificate for import of drugs manufactured by one

manufacturer.–(1) A single application may be made, and a single Registration
Certificate in Form 41 may be issued in respect of the import of more than one drug
or class of drugs, manufactured by the same manufacturer:

Provided that the drug or classes of drugs, are manufactured at one factory or

more than one factory functioning conjointly as a single manufacturing unit:

Provided further that if a single manufacturer has two or more factories situated in
different places manufacturing the same or different drugs, separate Registration
Certificates shall be required in respect of the drugs manufactured by each such
factory.]

26. Conditions of import licence. An import licence shall be subject to the

following conditions:

(i) the manufacturer shall at all times observe the undertaking given by him
or on his behalf in Form 9;

(ii) the licensee shall allow any Inspector authorised by the licensing

authority in that behalf to enter with or without notice any premises where the
imported substance is stocked, to inspect the means, if any, employed for
testing the substance and to take samples;

(iii) the licensee shall on request furnish to the licensing authority from

every batch of each substance or from such batch or batches as the licensing
authority may from time to time specify a sample of such amount as the
licensing authority may consider adequate for any examination required to be
made, and the licensee shall, if so required, furnish full protocols of the tests, if
any, which have been applied;

(iv) if the licensing authority so directs the licensee shall not sell or offer

for sale any batch in respect of which a sample is or protocols are furnished
under the last preceding sub-rule until a certificate authorising the sale of the
batch has been issued to him by or on behalf of the licensing authority;

(v) the licensee shall, on being informed by the licensing authority that any

part of any batch of the substance has been found by the licensing authority not
to conform with the standards of strength, quality and purity prescribed by
Chapter III of the Act, or the rules thereunder and on being directed so to do,
withdraw the remainder of that batch from sale and, so far as may in the
particular circumstances of the case be practicable, recall the issues already
made from that batch;

(vi) the licensee shall maintain a record of all sales by him of substances for

the import of which a licence is required, showing particulars of the substance
and of the person to whom sold and such further particulars, if any, as the
licensing authority may specify and such record shall be open to the inspection of
any Inspector authorised in that behalf by the licensing authority:

 

1. Ins. by G.S.R. No. 604(E), dt. 24-8-2001.

47

 

 

Drugs and Cosmetics Rules 1945

1
[Provided that in respect of the sale or distribution of drugs specified in Schedule

X, the licensee shall maintain a separate record or register showing the following
particulars, namely:

1. Name of the Drug,

 

2. Batch number,

3. Name and address of the manufacturer,

4. Date of transaction,

5. Opening stock on the business day,

6. Quantity of drug received, if any, and the source from which received,

7. Name of the purchaser, his address and licence number,

8. Balance quantity of drug at the end of the business day,

9. Signature of the person under whose supervision the drugs have been
supplied.]

(vii) the licensee shall comply with such further requirements, if any,

applicable to the holders of import licenses, as may be specified in any rules,
subsequently made under Chapter III of the Act and of which the licensing
authority has given to him not less than four months‘ notice.

27. Grant of import licence. On receipt of an application for an import licence

in the form and manner prescribed in Rule 24, the licensing authority shall, on being
satisfied that, if granted, the conditions of the licence will be observed, issue an

1
import licence in Form 10 [or From 10A, as the case may be].

2
[27A Grant of Registration Certificate. (1) On receipt of an application for

Registration Certificate in the Form and manner specified in Rule 24A, the licensing
authority shall, on being satisfied, that, if granted, the conditions of the Registration
Certificate will be observed, issue a Registration Certificate in Form 41:

 

Provided further that if the application is complete in all respects and
informations specified in Schedules D-I and D-II are in order, the licensing authority
shall, within nine months from the date of receipt of an application, issue such
Registration Certificate, and in exceptional circumstances and for reasons to be
recorded in writing, the Registration Certificate may be issued within such extended
period, not exceeding three months, as the licensing authority may deem fit.

(2) If the applicant does not receive the Registration Certificate within the period

as specified in the proviso to sub-rule (1), he may appeal to the Central Government
and the Central Government may after such enquiry into the matter, as it considers
necessary, may pass such orders in relation thereto as it thinks fit.]

 

1. Ins. by G.S.R 462 (E), dt. 22-6-1982.

2. Ins. by G.S.R 604 (E), dt. 24-8-2001.

48

 

 

Drugs and Cosmetics Rules 1945

1[28. Duration of import licence. A licence unless, it is sooner suspended or
2

cancelled, shall be [valid for a period of three years from the date of its issue:]

Provided that if application for a fresh licence is made three months before the
expiry of the existing licence the current licence shall be deemed to continue in force
until orders are passed on the application.]

3
[28A. Duration of Registration Certificate.—- A Registration Certificate, unless,

it is sooner suspended or cancelled, shall be valid for a period of three years from the
date of its issue:

Provided that if the application for a fresh Registration Certificate is made nine

months before the expiry of the existing certificate, the current Registration
Certificate shall be deemed to continue in force until orders are passed on the
application.]

4
[29. Suspension and cancellation of import licence. If the manufacturer or

licensee fails to comply with any of the conditions of an import licence, the licensing
authority may after giving the manufacturer or licensee an opportunity to show cause
why such an order should not be passed, by an order in writing stating the reasons
therefor, suspend or cancel it for such period as it thinks fit, either wholly or in
respect of some of the substances to which it relates:

 

Provided that a person, who is aggrieved by the order passed by the licensing

authority under this rule may, within thirty days of the receipt of the order, appeal to
the Central Government, and the Central Government may, after such enquiry into the
matter as it considers necessary and after giving the appellant an opportunity for
representing his views in the matter, pass such orders in relation thereto as it thinks
fit.]

3
[29A. Suspension and cancellation of Registration Certificate. —If the

manufacturer fails to comply with any of the conditions of the Registration
Certificate, the licensing authority may after giving him an opportunity to show cause
why such an order should not be passed, by an order in writing stating the reasons
therefor, suspend or cancel the Registration Certificate for such period as it thinks fit
either wholly or in respect of some of the substances to which it relates:

Provided that a person, who is aggrieved by the order passed by the licensing

authority under this rule may, within thirty days of the receipt of the order, appeal to
the Central Government, and the Central Government may, after such enquiry into the
matter as it considers necessary and after giving the appellant an opportunity for
representing his views in the matter, pass such orders in relation thereto as it thinks
fit.]

1. Amended by Notfn. No. F. 1-10/62-D, dt. 19-4-1964.

2. Subs. by G.S.R 604 (E), dt. 24-8-2001.

3. Ins. by G.S.R 604 (E), dt. 24-8-2001.

4. Subs. by G.S.R 604 (E), dt. 24-8-2001.

49

 

 

Drugs and Cosmetics Rules 1945

30. Prohibition of import after expiry of potency. —No biological or other special
product specified in Schedule C or C (I) shall be imported after the date shown on the
label, wrapper or container of the drug as the date up to which the drug may be
expected to retain a potency not less than, or not to acquire a toxicity greater than,
that required, or as the case may be, permitted by the prescribed test.

1
[* * * * *]

2
[30AA. Import of new Homoeopathic medicine.—(1) No new Homoeopathic

medicine shall be imported except under and in accordance with the permission in
writing of the Licensing Authority.

 

(2) The importer of a New Homoeopathic medicine when applying for permission
shall produce before the Licensing Authority such documentary and other evidence as
may be required by the Licensing Authority for assessing the therapeutic efficacy of
the medicine including the minimum provings carried out with it.]

3
[Explanation. —For the purpose of this rule, ‗New Homoeopathic Medicine‘

means—

(i) a Homoeopathic medicine which is not specified in the Homoeopathic
Pharmacopoeia of India or United States of America or of the United Kingdom
or the German Homoeopathic Pharmacopoeia; or

 

(ii) which is not recognized in authoritative Homoeopathic literature as
efficacious under the conditions recommended; or

(iii) a combination of Homoeopathic medicines containing one or more
medicines which are not specified in any of the Pharmacopoeias referred to in
clause (i) as Homoeopathic medicines and also not recognized in authoritative
Homoeopathic literature as efficacious under the conditions recommended.]

4
[30B. Prohibition of import of certain drugs. No drug, the manufacture, sale

or distribution of which is prohibited in the country of origin, shall be imported under
the same name or under any other name except for the purpose of examination, test or
analysis.]

5
[31. Standard for certain imported drugs.—No drug shall be imported unless it

complies with the standard of strength, quality and purity, if any, and the test
prescribed in the Rules shall be applicable for determining whether any such imported
drug complies with the said standard:

 

Provided that the drugs intended for veterinary use, the standards of strength,
quality and purity, if any, shall be those that are specified in Schedule F(1) and the
test prescribed in that Schedule shall be applicable for determining whether any such
imported drug complies with the said standards and where no standards are specified
in Schedule F(1) for any veterinary drug, the standards for such drug shall be those
specified in the current edition, for the time being in force, of the British
Pharmacopoeia Veterinary:

 

1. Rule 30A omitted by G.S.R.944 (E), dt. 21-9-1988. Earlier rules 30A and 30AA ins. by Notfn. F. 1-
30/48-G, Dt. 14.4.1952.

2. Ins. by notification No. F 1-30/48, dt. 14-01-1952.

3. Subs. G.S.R. 680 (E) ,dt. 5-12-1980.

4. Ins. by Notfn. No. F. 1-45 4-1-1951.

5. Subs. G.S.R. 604 (E), dt. 24-8-2001.

50

 

 

Drugs and Cosmetics Rules 1945

Provided further that the licensing authority shall not allow the import of any drug

having less than sixty per cent residual shelf-life period as on the date of import:

Provided also that in exceptional cases the licensing authority may, for reasons to
be recorded in writing, may allow, the import of any drug having lesser shelf-life
period, but before the date of expiry as declared on the container of the drug.]

1
[32. Packing and labelling of imported drugs. No drug shall be imported unless

2
it is packed and labelled in conformity with the Rules in Parts IX and X [* * *] and
further conform to the standards laid down in Part XII provided that in the case of
drugs intended for veterinary use, the packing and labelling shall conform to the rules
in Parts IX and X and Schedule F(1)].

3
[32A Packing and Labelling of Homoeopathic medicine. No Homoeopathic

medicine shall be imported unless it is packed and labelled in conformity with the
rules in Part IX-A.]

33. Import of drugs for examination, test or analysis Small quantities of drugs
the import of which is otherwise prohibited under section 10 of the Act may be
imported for the purpose of examination, test or analysis subject to the following
conditions:

(a) No drug shall be imported for such purpose except under a licence in

Form 11;

(b) the licensee shall use the substances imported under the licence
exclusively for purposes of examination, test or analysis and shall carry on such
examination, test or analysis in the place specified in the licence, or in such other
places as the licensing authority may from time to time authorise;

(c) the licensee shall allow any Inspector authorized by the licensing authority

in this behalf to enter, with or without prior notice, the premises where the substances
are kept, and to inspect the premises, and investigate the manner in which the
substances are being used and to take samples thereof;

(d) the licensee shall keep a record of, and shall report to the licensing

authority, the substances imported under the licence, together with the quantities
imported, the date of importation and the name of the manufacturer;

(e) the licensee shall comply with such further requirements, if any, applicable

to the holders of licences for examination, test or analysis as may be specified in
any rules subsequently made under Chapter III of the Act and of which the
licensing authority has given to him not less than one month‘s notice.

 

1. Subs. by Notfn. No. F. 1-6/62-D (SO 2889), dt. 2-7-1969.

2. Certain words omitted by G.S.R. 661(E), dt. 3-7-1992.

3. Ins. by S. O. No. 2139, dt. 5-6-1972.

51

 

 

Drugs and Cosmetics Rules 1945

1
[33A Import of drugs by a Government Hospital or Autonomous Medical

Institution for the treatment of patients.—Small quantities of new drug, as defined in
Rule 122-E, the import of which is otherwise prohibited under section 10 of the Act,
may be imported for treatment of patients suffering from life threatening diseases, or
diseases causing serious permanent disability, or such disease requiring therapies for
unmet medical needs, by a Medical Officer of a Government Hospital or an
Autonomous Medical Institution providing tertiary care, duly certified by the Medical
Superintendent of the Government Hospital, or Head of the Autonomous Medical
Institution, subject to the following conditions, namely:-

(a) no new drug shall be imported for the said purpose except under a licence

in Form 11-A, and the said drug has been approved for marketing in the country
of origin;

(b) the licensee shall use the substances or drugs imported under the licence

exclusively for the purpose of treatment of patients suffering from life threatening
diseases, or diseases causing serious permanent disability, or such diseases
requiring therapies for unmet medical needs, under the supervision of its own
Medical Officers at the place, specified in the licence or at such other places, as
the licensing authority, may from time to time authorise;

(c) the licensee shall allow an Inspector authorised by the licensing authority

in this behalf to enter, with or without prior notice, the premises where the
substances or drugs are stocked, and to inspect the premises and relevant records
and investigate the manner in which the substances or drugs are being used and
to take, if necessary, samples thereof ;

(d) the licensee shall keep a record of, and shall submit the said report half

yearly to the licensing authority, the substances or drugs imported under the
licence, together with the quantities imported and issued to the patients, the date
of importation, the name of the manufacturer, the name and address of the patient
for whom the drug is prescribed and the name of disease;

(e) the licensee shall comply with such other requirements, if any, applicable

to the holders of import licences for import of new drugs for treatment of patients
by Government Hospitals, as may be specified from time to time in any rule
subsequently made under Chapter III of the Act and of which the licensing
authority has given to him not less than one month‘s notice;

(f) the drug shall be stocked under proper storage conditions and shall be

dispensed under the supervision of a registered pharmacist;

(g) the quantity of any single drug so imported shall not exceed 100 average
dosages per patient:

Provided that the licensing authority may, in exceptional circumstances, sanction

the import of drug of a larger quantity.]

34. Application for licence for examination, test or analysis. (1) An application
for a licence for examination, test or analysis shall be made in Form 12 and shall be
made or countersigned by the head of the institution in which, or by a proprietor or
director of the company or firm by which the examination, test or analysis will be
conducted.

1. Ins. by G.S.R 604 (E), dt. 24-8-2001.

52

 

 

Drugs and Cosmetics Rules 1945

(2) The licensing authority may require such further particulars to be supplied as
he may consider necessary.

1
[(3) Every application in Form 12 shall be accompanied by a fee of one hundred

rupees for a single drug and an additional fee of fifty rupees for each additional drug.

(4) The fees shall be paid through a challan in the Bank of Baroda, Kasturba

Gandhi Marg, New Delhi-110001 or any other branch or branches of Bank of Baroda,
or any other Bank, as notified, from time to time, by the Central Government, to be
credited under the Head of Account 0210-Medical and Public Health, 04- Public
Health, 104- Fees and Fines.]

2
[34A. Application for licence to import small quantities of new drugs by a

Government Hospital or Autonomous Medical Institution for the treatment of
patients. (1) An application for an import licence for small quantities of a new drug,
as defined in Rule 122-E for the purpose of treatment of patients suffering from life
threatening diseases, or diseases causing serious permanent disability, or such
diseases requiring therapies for unmet medical needs, shall be made in Form 12-AA,
by a Medical Officer of the Government Hospital or Autonomous Medical Institution,
which shall be certified by the Medical Superintendent of the Government Hospital or
Head of the Autonomous Medical Institution, as the case may be.

(2) The licensing authority may require such further particulars to be supplied, as

he may consider necessary.

(3) Every application in Form 12-AA shall be accompanied by a fee of one

hundred rupees for a single drug and an additional fee of fifty rupees for each
additional drug.

(4) The fees shall be paid through a challan in the Bank of Baroda, Kasturba

Gandhi Marg, New Delhi-110001 or any other branch or branches of Bank of Baroda,
or any other Bank, as notified, from time to time, by the Central Government, to be
credited under the Head of Account 0210- Medical and Public Health, 04- Public
Health, 104- Fees and Fine.]

35. Cancellation of licence for examination, test or analysis. (1) A licence for

examination, test or analysis may be cancelled by the licensing authority for breach of
any of the conditions subject to which the licence was issued.

(2) A licensee whose licence has been cancelled may appeal to the Central

Government within three months of the date of the order.

 

1. Subs. by G.S.R 604 (E), dt. 24-8-2001.

2. Ins. by G.S.R 604 (E), dt. 24-8-2001.

53

 

 

Drugs and Cosmetics Rules 1945

1
[35A. Cancellation of licence for import of small quantities of new drugs. (1) A

licence for import of small quantities of a new drug, defined in Rule122E, for the
purpose of the treatment of patients suffering from life threatening diseases, or diseases
causing serious permanent disability, or such diseases requiring therapies for unmet
medical needs, by a Government Hospital or an Autonomous Medical Institution may be
cancelled by the licensing authority for breach of any of the conditions subject to which
the licence was issued or for contravention of any of the provisions of the Act and rules
made thereunder.

(2) A licensee whose licence has been cancelled may appeal to the Central
Government within three months from the date of the receipt of the order, and the Central
Government may after such enquiry into the matter, as it considers necessary and after
giving the appellant an opportunity for representing his views, may pass such orders in
relation thereto, as it thinks fit.]

 

36. Import of drugs for personal use. Small quantities of drugs, the import of which
is otherwise prohibited under section 10 of the Act, may be imported for personal use
subject to the following conditions:

(i) the drugs shall form part of a passenger‘s bona fide baggage and shall be the
property of, and be intended for, the exclusive personal use of the passenger;

(ii) the drugs shall be declared to the Customs authorities if they so direct;

(iii) the quantity of any single drug so imported shall not exceed one hundred
average doses :

Provided that the licensing authority may in an exceptional case in any individual
case sanction the import of a larger quantity:

2
[Provided further that any drug, imported for personal use but not forming part of

bona fide personal baggage, may be allowed to be imported subject to the following
conditions, namely:

(i) the licensing authority, on an application made to it in Form 12A is
satisfied that the drug is for bona fide personal use;

(ii) the quantity to be imported is reasonable in the opinion of the licensing
authority and is covered by prescription from a registered medical practitioner ;
and

(iii) the licensing authority grants a permit in respect of the said drug in Form
12B.]

3
[37. Packing of patent or proprietary medicine. —Patent or proprietary

medicines shall be imported in containers intended for retail sale:
4
[Provided that such medicines may be imported in bulk containers by any

person who holds a licence to manufacture, if such person has obtained permission in
writing to import such medicines from the licensing authority at least three months prior
to the date of import and the imports are made within a period of twelve months from
the date of issue of such permission].]

38. Statement to accompany imported drugs. All consignments of drugs sought to be
imported shall be accompanied by an invoice or other statement showing the name and
address of the manufacturer and the name and quantities of the drugs.

39. Documents to be supplied to the Customs Collector. Before drugs for the import
of which a licence is not required are imported a declaration signed by or on behalf of the
manufacturer or by or on behalf of the importer that the drugs comply with the provisions
of Chapter III of the Drugs and Cosmetics Act, 1940 and the Rules thereunder shall be
supplied to the Customs Collector.

1. Ins. by G.S.R 604 (E), dt. 24-8-2001.
2. Ins. by Notfn. No.F-1-36/54-D.S., (SRO 560), dt. 3-3-1955.
3. Ins. by Notfn. No.F-1-3/51-D.S., (SRO 3262), dt. 15-10-1954.
4. Ins. by Notfn. No.F-1-45/58-D, (SO 115), dt. 4-1-1961.

54

 

 

Drugs and Cosmetics Rules 1945

1[40. Procedure for the import of drugs. (1) If the Customs Collector has reason
to doubt whether any drugs comply with the provisions of Chapter III of the Act and
Rules thereunder he may, and if requested by an officer appointed for this purpose by
the Central Government shall, take samples of any drugs in the consignment and
forward them to the Director of the laboratory appointed for this purpose by the
Central Government and may detain the drugs in the consignment of which samples
have been taken until the report of the Director of the said laboratory or any other
officer empowered by him on this behalf, subject to the approval of the Central
Government, on such samples is received:

Provided that if the importer gives an undertaking in writing not to dispose of the

drugs without the consent of the Customs Collector and to return the consignment or
such portion thereof as may be required, the Customs Collector shall make over the
consignment to the importer.

(2) If an importer who has given an undertaking under the proviso to sub-rule (1)

is required by the Customs Collector to return the consignment or any portion thereof
he shall return the consignment or portion thereof within ten days of receipt of the
notice.]

2
[41. (1) If the Director of the laboratory appointed for the purpose by the Central

Government or any other officer empowered by him on this behalf, subject to the
approval of the Central Government, reports to the Customs Collector that the
samples of any drug in a consignment are not of standard quality, or that the drug
contravenes in any other respect the provisions of Chapter III of the Act or the Rules
thereunder and that the contravention is such that it cannot be remedied by the
importer, the Customs Collector shall communicate the report forthwith to the
importer who shall, within two months of his receiving the communication either
export all the drugs of that description in the consignment, to the country in which
they were manufactured or forfeit them to the Central Government which shall cause
them to be destroyed :

 

Provided that the importer may within fifteen days of receipt of the report make a
representation against the report to the Customs Collector, and the Customs Collector
shall forward the representation with a further sample to the licensing authority, who
after obtaining, if necessary, the report of the Director of the Central Drugs
Laboratory, shall pass orders thereon which shall be final.

3
[(2) If the Director of the laboratory appointed for the purpose by the Central

Government or any other officer empowered by him on this behalf, subject to the
approval of the Central Government reports to the Customs Collector that the samples
of any drug contravene in any respect the provisions of Chapter III of the Act or the
Rules thereunder and that the contravention is such that it can be remedied by the
importer, the Customs Collector shall communicate the report forthwith to the
importer and permit him to import the drug on his giving an undertaking in writing
not to dispose of the drug without the permission of the officer authorised in this
behalf by the Central Government.]]

4[* * * * *]

1. Subs. by Notifn. 1-99/52-D.S., dated 3-11-1953.
2. Subs. by Notfn. No. F. 7-7/47-D, dt. 5-1-1954.
3. Ins. by Notfn. No. 7-11/47-D, dt. 5-10-1951.
4. Rule 42 omitted by Notfn. No. F. 1-9/52-DS., dt. 3-11-1953.

55

 

 

Drugs and Cosmetics Rules 1945

43. The drugs specified in Schedule D shall be exempt from the provisions of
Chapter III of the Act and of the Rules made thereunder to the extent, and subject to
the conditions specified in that Schedule.

 

1
[43A. No drug shall be imported into India except through one of the following

places, namely:

Freozepore Cantonment and Amritsar Railway Stations:

In respect of drugs imported by rail across the frontier with Pakistan.

Ranaghat, Bongaon and Mohiassan Railways Stations:

In respect of drugs imported by rail across the frontier with Bangladesh.

5
[Petrapole Road in West Bengal, Sutarkandi in Assam, Old Raghna Bazar and Agartala in

Tripura :

In respect of drugs imported by Road from Bangladesh;]

2
[Raxaul:

In respect of drugs imported by road and railway lines connecting Raxaul in India
and Birganj in Nepal;]

4
[Chennai, Kolkata, Mumbai, Cochin, Nhava Sheva, Kandla and Inland Container

Depots at Tuglakabad and Patparganj in Delhi and Tuticorin in Tamil Nadu and
Marmugao port in Goa and Visakhapatnam in Andhra Pradesh:
In respect of drugs imported by sea into India;

Chennai, Kolkata, Mumbai, Delhi,Ahmedabad, Hyderabad, Goa, Bengaluru and
Visakhapatnam:
in respect of drugs imported by air into India.]

4
[43-B. Drugs, consignments of which are in transit through India to foreign

countries and which shall not be sold or distributed in India shall be exempted from
the requirements of Chapter III of the Drugs and Cosmetics Act, 1940 (23 of 1940)
and the Rules made thereunder:

 

Provided that if the Government of the countries to which the drugs are consigned
regulate their import by the grant of import licences, the importer shall at the time of
import into India, produce such import licences.]

1. Subs. by G.S.R 478 (E), dt. 6-8-1981. Earlier Ins. by Notfn No. F.7/7/47-D. dt. 5-1-1954.

2. Ins. by G.S.R 120 (E), dt. 5-3-1998.

3. Sub. by G.S.R 532 (E), dt. 18-05-2016. Earlier sub. by G.S.R 575 (E), dt. 17-11-2012, G.S.R 101 (E), dt.
18-2-2011, G.S.R 45 (E), dt. 21-1-2010, G.S.R 504 (E), dt. 18-7-2002, G.S.R 647 (E), dt. 28-10-1998.

4. Added by Notfn. No. E. 1-60/D, (SO 1056) dt. 19-3-1964.

5. Ins. by G.S.R. 116 (E), 24-01-2009.

56

 

 

Drugs and Cosmetics Rules 1945

PART V

1
[GOVERNMENT ANALYSTS, INSPECTORS, LICENSING

AUTHORITIES AND CONTROLLING AUTHORITIES]
2
[44. Qualifications of Government Analyst. A person appointed as a

Government Analyst under the Act shall be a person who

(a) is a graduate in medicine or science or pharmacy or Pharmaceutical
3

Chemistry of a [University established in India by law or has an equivalent
qualification recognized and notified by the Central Government for such
purpose] and has had not less than five years‘ post-graduate experience in the
testing of drugs in a laboratory under control of (i) a Government Analyst
appointed under the Act, or (ii) the head of an Institution or testing laboratory

4
approved for the purpose by the appointing authority, [or has completed two
years‘ training on testing of drugs, including items stated in Schedule C, in
Central Drugs Laboratory], or

(b) possesses a post-graduate degree in medicine or science or pharmacy

3
or Pharmaceutical chemistry of a [University established in India by law or
has an equivalent qualification recognized and notified by the Central
Government for such purpose] or possesses the Associateship Diploma of the
Institution of Chemists (India) obtained by passing the said examination with
‗Analysis of Drugs and Pharmaceuticals‘ as one of the subjects and has had
after obtaining the said post-graduate degree or diploma not less than three
years‘ experience in the testing of drugs in a laboratory under the control of (i)
a Government Analyst appointed under the Act, or (ii) the head of an
Institution or testing laboratory approved for the purpose by the appointing

4
authority [or has completed training on testing of drugs, including items stated
in Schedule C, in Central Drugs Laboratory]:

Provided that-

4
[(i) for purpose of examination of items in Schedule C,-

(ia) the persons appointed under clause (a) or (b) and having degree in

Medicine, Physiology, Pharmacology, Microbiology, Pharmacy should
have experience or training in testing of said items in an institution or
laboratory approved by the appointing authority for a period of not less than
six months;

(ib) the person appointed under clause(a) or (b) but not having degree in the

above subjects should have experience or training in testing of said
Schedule C drugs for a period of not less than three years in an institution or
laboratory approved by the appointing authority or have completed two
years training on testing of drugs including items stated in Schedule C in
Central Drugs Laboratory;]

1. Subs. by G.S.R 443 (E), dt. 12-4-1989.

2. Subs. by G.S.R. No. 1427, dt. 22-10-1977.

3. Subs. by G.S.R. 71(E), dt 30.1.1987.

4. Ins. by G.S.R 697(E) dt. 26-10-1995.

57

 

 

Drugs and Cosmetics Rules 1945

(ii) for a period of four years from the date on which Chapter IV of the Act
takes effect in the States, persons whose training and experience are regarded
by the appointing authority as affording, subject to such further training, if any,
as may be considered necessary, a reasonable guarantee of adequate knowledge
and competence, may be appointed as Government Analysts. The persons so
appointed may, if the appointing authority so desires, continue in service after
the expiry of the said period of four years;

(iii) no person who is engaged directly or indirectly in any trade or business

connected with the manufacture of drugs shall be appointed as a Government
Analyst for any area:

Provided further that for the purpose of examination of Anti-sera, Toxoid and

Vaccines and Diagnostic Antigens for Veterinary use, the person appointed shall be a
person who is a graduate in Veterinary Science, or general science, or medicine or
pharmacy and has had not less than five years‘ experience in the standardization of
biological products or person holding a post-graduate degree in Veterinary Science,
or general science, or medicine or pharmacy or pharmaceutical chemistry with an
experience of not less than three years in the standardization of biological products :

Provided also that persons, already appointed as Government Analysts may

continue to remain in service, if the appointing authority so desires, notwithstanding
the fact that they do not fulfil the qualifications as laid down in clause (a), clause (b)
or the preceding proviso.

45. Duties of Government Analysts.−(1) The Government Analyst shall cause to

1
be analysed or tested such samples or drugs [and cosmetics] as may be sent to

him by Inspectors or other persons under the provisions of Chapter IV of the Act and
shall furnish reports of the results of test or analysis in accordance with these Rules.

(2) A Government Analyst shall from time to time forward to the Government
reports giving the result of analytical work and research with a view to their
publication at the discretion of Government.

46. Procedure on receipt of sample.−On receipt of a package from an Inspector

containing a sample for test or analysis, the Government Analyst shall compare the
2

seals on the packet [or on portion of sample or container] with the specimen
impression received separately and shall note the condition of the seals on the
3
[packet or on portion of sample or container]. After the test or analysis has been

completed, he shall forthwith supply to the Inspector a report in triplicate in Form 13
of the result of the test or analysis, together with full protocols of the tests or analysis
applied:

 

1. Ins. by S.O. 2139 dt. 5-6-1972.

2. Ins. by G.S.R. 59(E), dt. 7-2-1995.

3. Subs.by G.S.R. 59(E),dt. 7-2-1995.

58

 

 

Drugs and Cosmetics Rules 1945

1
[Explanation. It shall be deemed to be full and sufficient compliance with the

requirement of the rule in respect of the supply of ―protocols of the tests or analysis
applied‖, if

(1) for pharmacopoeial drug, where the tests or methods of analysis

prescribed in the official pharmacopoeia are followed, references to the specific
tests or analysis in the pharmacopoeias are given in the report;

(2) for patent or proprietary medicines for which the tests and methods
prescribed in any of the official pharmacopoeias are applicable and are
followed, references to the specific tests or analysis in the pharmacopoeias are
given in the report;

(3 )for patent or proprietary medicines containing pharmacopoeial drugs for
which the official tests or analysis or methods of assays are modified and
applied, a description of the actual tests or, as the case may be, analysis or
methods of assays so applied is given in the report;

(4) for patent or proprietary medicines for which no pharmacopoeial tests or
methods of analysis are available or can be applied but for which tests or
methods of analysis given in standard books or journals are followed, a
description of such tests or methods of analysis applied together with the
reference to the relevant books or journals from which the tests or methods of
analysis have been adopted, is given in the report;

(5) for those drugs for which methods of test are not available and have
been evolved by the Government Analyst, a description of tests applied is
given in the report.]

47. Report of result of test or analysis. An application from a purchaser for test

or analysis of a drug under section 26 of the Act shall be made in Form 14 A and the
report of test or analysis of the drug made on such application shall be supplied to the
applicant in Form 14B.

 

48. Fees. The fees to be paid by a person submitting to the Government
3

Analyst under section 26 of the Act for test or analysis of a drug [or cosmetic]
purchased by him shall be those specified in Schedule B.

2
[49. Qualifications of Inspectors. —A person who is appointed an Inspector

under the Act shall be a person who has a degree in Pharmacy or Pharmaceutical
Sciences or Medicine with specialisation in Clinical Pharmacology or Microbiology
from a University established in India by law:

Provided that only those Inspectors: ⎯

1. Ins. by No. F. 1-60/61-D, dt. 12-7-1962 (G.S.R 984 (E), dt. 12-7-1962).

2. Subs. by No. G.S.R 658 (E), dt. 19-10-1993.

3. Ins. by No. G.S.R 1140 (E), dt. 26-8-1978.

59

 

 

Drugs and Cosmetics Rules 1945

(i) Who have not less than 18 months‘ experience in the manufacture of
at least one of the substances specified in Schedule C, or

(ii) Who have not less than 18 months‘ experience in testing of at least
one of the substances in Schedule C in a laboratory approved for this purpose
by the licensing authority, or

(iii) Who have gained experiences of not less than three years in the
inspection of firms manufacturing any of the substances specified in Schedule
C during the tenure of their services as Drugs Inspectors;

shall be authorised to inspect the manufacture of the substances mentioned in Schedule
C:]

 

1
[Provided further that the requirement as to the academic qualification shall not

apply to persons appointed as Inspectors on or before the 18th day of October, 1993.]

2
[ 49A. Qualification of a Licensing Authority.—No person shall be qualified to be a

Licensing Authority under the Act unless:-

(i) he is a graduate in Pharmacy or Pharmaceutical Chemistry or in Medicine
with specialization in clinical pharmacology or microbiology from a University
established in India by law; and

(ii) he has experience in the manufacture or testing of drugs or enforcement of
the provisions of the Act for a minimum period of five years:

 

3
[ Provided that the requirements as to the academic qualification shall not apply

to those inspectors and the Government Analysts who were holding those positions
th

on the 12 day of April,1989.]]

4
[50. Controlling authority. (1) All Inspectors appointed by the Central

Government shall be under the control of an officer appointed in this behalf by the
Central Government.

(2) All Inspectors appointed by the State Government shall be under the control
of an officer appointed in this behalf by the State Government.

(3) For the purposes of these rules an officer appointed by the Central Government
under sub-rule (1), or as the case may be, an officer appointed by the State
Government under sub-rule (2), shall be a controlling authority.]

 

1. Ins. by G.S.R 552 (E), dt. 4-12-1996.

2. Ins. by G.S.R 443 (E), dt. 12-4-1989.

3. Subs. by G.S.R. 532 (E), dt. 14.8.1991.

4. Subs. by S.O. 2139, dt. 5-6-1972.

60

 

 

Drugs and Cosmetics Rules 1945

1
[50A. Qualification of a Controlling Authority. (1) No person shall be qualified

to be a Controlling Authority under the Act unless

(i) he is a graduate in Pharmacy or Pharmaceutical Chemistry or in
Medicine with specialization in Clinical Pharmacology or Microbiology from a
University established in India by law; and

(ii) he has experience in the manufacture or testing of drugs or enforcement of
the provisions of the Act for a minimum period of five years:

 

2
[Provided that the requirements as to the academic qualifications shall not apply

to those Inspectors and the Government Analysts who were holding those positions
on the 12th day of April, 1989.]

 

51. Duties of Inspectors of premises licensed for sale. Subject to the
instructions of the controlling authority, it shall be duty of an Inspector authorized to
inspect premises licensed for the sale of drugs

 

3

(1) to inspect [not less than once a year] all establishments licensed for the
sale of drugs within the area assigned to him;

(2) to satisfy himself that the conditions of the licences are being observed;

(3) to procure and send for test or analysis, if necessary, imported packages
which he has reason to suspect contain drugs being sold or stocked or exhibited
for sale in contravention of the provisions of the Act or Rules thereunder;

(4) to investigate any complaint in writing which may be made to him;

(5) to institute prosecutions in respect of breaches of the Act and Rules
thereunder;

(6) to maintain a record of all inspections made and action taken by him in the
performance of his duties, including the taking of samples and the seizure of
stocks, and to submit copies of such record to the controlling authority;

 

(7) to make such enquiries and inspections as may be necessary to detect the

sale of drugs in contravention of the Act;

1. Ins. by G.S.R 443 (E), dt. 12-04-1989.

2. Subs. by G.S.R 532 (E), dt. 14-8-1991.

3. Subs. by G.S.R. 700 (E), dt. 28-9-2001.

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Drugs and Cosmetics Rules 1945

(8) when so authorized by the State Government, to detain imported packages
which he has reason to suspect contain drugs, the import of which is prohibited.

 

52. Duties of Inspectors specially authorized to inspect the manufacture of

1
[drugs or cosmetics]. Subject to the instructions of the controlling authority it shall

be the duty of an Inspector authorized to inspect the manufacture of drugs

2
(1) to inspect [not less than once a year], all premises licensed for

1
manufacture of [drugs or cosmetics] within the area allotted to him to satisfy
himself that the conditions of the licence and provisions of the Act and Rules
thereunder are being observed;

 

(2) in the case of establishments licensed to manufacture products specified
in Schedules C and C(1) to inspect the plant and the process of manufacture, the

2
means employed for standardizing and testing the [drugs or cosmetics], the
methods and place of storage, the technical qualifications of the staff employed
and all details of location, construction and administration of the establishment
likely to affect the potency or purity of the product;

 

(3) to send forthwith to the controlling authority after each inspection a
detailed report indicating the conditions of the licence and provisions of the Act
and rules thereunder which are being observed and the conditions and
provisions, if any, which are not being observed;

 

1

(4) to take samples of the [drugs or cosmetics] manufactured on the
premises and send them for test or analysis in accordance with these Rules;

 

(5) to institute prosecutions in respect of breaches of the Act and Rules

thereunder.

53. Prohibition of disclosure of information. Except for the purposes of official

business or when required by a Court of Law, an Inspector shall not, without the
sanction in writing of his official superior, disclose to any person any information
acquired by him in the course of his official duties.

 

54. Form of order not to dispose of stock. An order in writing by an Inspector

under clause (c) of section 22 of the Act requiring a person not to dispose of any
stock in his possession shall be in Form 15.

1. Subs. by G.S.R 504 (E), dt. 18-7-2002.

2. Subs. by G.S.R 700 (E), dt. 28-9-2001.

62

 

 

Drugs and Cosmetics Rules 1945

1 2
[54A. Prohibition of sale. No person in possession of a drug [or cosmetic] in

respect of which an Inspector has made an order under clause (c) of sub-section (1) of
section 22 of the Act shall in contravention of that order sell or otherwise dispose of

2
any stock of such drug [or cosmetic].

3
[55. Forms of receipts for seized drug, cosmetic, record register, document or

any other material object.– A receipt by an Inspector for the stock of any drug or
cosmetic or for any record, register, document or any other material object seized by
him under clause (c) or clause (cc) of sub-section (1) of section 22 of the Act shall be
in Form 16.]

4
[55A. Manner of certifying copies of seized documents.—The Drugs Inspector

shall return the documents , seized by him under clause (cc) or produced before him
under clause (cca), of sub-section (1) of section 22 of the Act, within a period of
twenty days of the date of such seizure or production, to the person from whom they
have seized or, as the case may be, the person who produced them, after copies
thereof of extracts therefrom have been signed by the concerned Drug Inspector and
the person from whom they have seized , or, as the case may be , who produced such
records.]

56. Form of intimation of purpose of taking samples. When an Inspector takes a

sample of a drug for the purpose of test or analysis, he shall intimate such purpose in
writing in Form 17 to the person from whom he takes it.

5
[56A. Form or receipt for samples of drugs where fair price tendered is

refused.—Where the fair price, for the samples of drugs taken for the purpose of test
or analysis, tendered under sub-section (1) of section 23 has been refused, the
Inspector shall tender a receipt therefor to the person from whom the said samples
have been taken as specified in Form 17A.]

57. Procedure for despatch of sample to Government Analyst. (1) The portion of

sample or the container sent by an Inspector to the Government Analyst for test or
analysis under sub-section (4) of section 23 of the Act shall be sent by registered post
or by hand in a sealed packet, enclosed together with a memorandum in Form 18, in
an outer cover addressed to the Government Analyst.

 

(2) A copy of the memorandum and a specimen impression of the seal used to

seal the packet shall be sent to the Government Analyst separately by registered post
or by hand.

 

1. Ins. by No. F. 1-19/59-D, dt. 13-6-1961.

2. Ins. by G.S.R 850(E), dt. 07-12-1994.

3. Subs. by G.S.R. No. 926 dt. 16-7-1977.

4. Ins. by G.S.R 89 (E), dt. 16-2-1985.
5. Ins. by G.S.R 292 (E), dt. 29-5-1997.

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Drugs and Cosmetics Rules 1945

1
[58. Confiscation of drugs, implements, machinery etc. (1) Where any person has

 

been convicted for contravening any of the provisions of Chapter IV of the Act or any

Rule made thereunder, the stock of the drug in respect of which the contravention has

been made shall be liable to confiscation.

(2) Where any person has been convicted for the manufacture of any drug

deemed to be misbranded under clause (a), clause (b), clause (c), clause (d), clause (f)

or clause (g) of section 17 of the Act, or adulterated drug under section 17B of the

Act, or for manufacture for sale, or stocking or exhibiting for sale or distribution of

any drug without a valid licence as required under clause (c) of section 18 of the Act,

any implements or machinery used in such manufacture, sale or distribution and any

receptacle, packages, or coverings in which such drug is contained and the animals,

vehicles, vessels or other conveyances used in carrying such drug shall also be liable

to confiscation.]

2
[58A. Procedure for disposal of confiscated drugs. (1) The Court shall refer

 

the confiscated drugs to the Inspector concerned for report as to whether they are of

standard quality or contravene the provisions of the Act or the Rules in any respect.

(2) If the Inspector, on the basis of Government Analyst‘s report finds the

confiscated drugs to be not of standard quality or to contravene any of the provisions

of the Act or the Rules made thereunder, he shall report to the Court accordingly. The

Court shall thereupon order the destruction of the drugs. The destruction shall take

place under the supervision of the Inspector in the presence of such authority, if any,

as may be specified by the Court.

(3) If the Inspector finds that the confiscated drugs are of standard quality and do

not contravene the provisions of the Act or the Rules made thereunder, he shall report
3

to the Court accordingly. [The Court may then order the Inspector to give the stocks

of confiscated drugs to hospital or dispensary maintained or supported by the

Government or by Charitable Institutions].]

 

1. Subs. by S. O. 289, dt. 3-2-1973.

2. Ins. by No. F. 1-9/62-D (GSR 6), dt. 2-12-1964.

3. Subs. by G.S.R 59 (E), dt. 7-2-1995.

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Drugs and Cosmetics Rules 1945

PART VI

SALE OF DRUGS OTHER THAN HOMOEOPATHIC MEDICINES

59. (1) The State Government shall appoint Licensing Authorities for the purpose
of this Part for such areas as may be specified.

1 2
[(2) Applications for the grant or renewal of a licence [to sell, stock, exhibit or

3
offer for sale or distribute] drugs, other than those included in Schedule X, [shall be
made in Form 19 accompanied by a fee of rupees one thousand and five hundred or
Form 19A accompanied by a fee of rupees five hundred, as the case may be, or in the
case of drugs included in Schedule X shall be made in Form 19C accompanied by a
fee of rupees five hundred, to the licensing authority:]

Provided that in the case of an itinerant vendor or an applicant who desires to

establish a shop in a village or town having population of 5,000 or less, the
application in Form 19-A shall be accompanied by a fee of rupees ten .

3

(3) [A fee of rupees one hundred and fifty] shall be paid for a duplicate copy of
2

a licence [to sell, stock, exhibit or offer for sale or distribute] drugs, other than those
2

included in Schedule X, or for a licence [to sell, stock, exhibit or offer for sale or
distribute] drugs, included in Schedule X, if the original is defaced, damaged or lost:

Provided that in the case of itinerant vendor or an applicant who desires to

establish a shop in a village or town having a population of 5,000 or less, the fee for a
duplicate copy of a licence if the original is defaced, damaged or lost, shall be rupees
two.

2

(4) Application for renewal of a licence [to sell, stock, exhibit or offer for sale or
3

distribute] drugs, after its expiry but within six months of such expiry [shall be
accompanied by a fee of rupees one thousand and five hundred plus an additional fee
at the rate of rupees five hundred per month or part thereof in Form 19, rupees five
hundred plus an additional fee at the rate of rupees two hundred and fifty per month
or part thereof in Form 19-A and rupees five hundred plus an additional fee at the rate
of rupees two hundred and fifty per month or part thereof in Form 19C:]

Provided that in the case of an itinerant vendor or an applicant desiring to open a

shop in a village or town having a population of 5,000 or less the application for such
renewal shall be accompanied by a fee of rupees ten, plus an additional fee at the rate
of rupees eight per month or part thereof.]

 

1. Subs. by G.S.R 462 (E), dt. 22-6-1982.

2. Subs. by G.S.R 788 (E), dt. 10-10-1985.

3. Subs. by G.S.R 601 (E), dt. 24-08-2001.

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Drugs and Cosmetics Rules 1945

1
[60. A licensing authority may with the approval of the State Government by an

order in writing delegate the power to sign licences and such other powers as may be
specified in the order to any other person under his control.]

2 3
[61. Forms of licences to sell drugs. (1) a licence [ to sell, stock, exhibit or

offer for sale or distribute] drugs other than those specified in Schedules C, C (1) and
X and by retail on restricted licence or by wholesale, shall be issued in Form 20,
Form 20A or Form 20B, as the case may be:

 

 

Provided that a licence in Form 20A shall be valid for only such drugs as are
specified in the licence.

 

 

3
(2) A licence [to sell, stock, exhibit or offer for sale or distribute] drugs specified

in Schedule C and C (1) excluding those specified in Schedule X, by retail on
restricted licence or by wholesale shall be issued in Form 21, Form 21A or Form 21B,
as the case may be:

 

 

4
[Provided that a licence in Form 21A shall not be granted for drugs specified in

Schedules C and shall be valid for only such Schedule C (1) drugs as are specified in
the licence.]

 

 

3
(3 )A licence [to sell, stock, exhibit or offer for sale or distribute] drugs specified

in Schedule X by retail or by wholesale shall be issued in Form 20F or Form 20G as
the case may be.]

 

62. Sale at more than one place. If drugs are sold or stocked for sale at more
than one place, separate application shall be made, and a separate licence shall be
issued, in respect of each such place:

 

 

5
[Provided that this shall not apply to itinerant vendors who have no specified

place of business and who will be licensed to conduct business in a particular area
within the jurisdiction of the licensing authority.]

1. Amended by F. 1-16/57-D, dt. 15-6-1957.

2. Subs. by G.S.R 462 (E), dt. 22-6-1982.

3. Subs. by G.S.R 788 (E), dt. 10-10-1985.

4. Subs. by G.S.R 487 (E), dt. 2-7-1984.

5. Added by Notfn. No. F. 10-21/49-D, dt. 10-3-1953.

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Drugs and Cosmetics Rules 1945

1
[62A. Restricted licences in Forms 20A and 21A. (a) Restricted licences in

Forms 20A and 21A shall be issued subject to the discretion of the Licensing
Authority, to dealers or persons in respect of drugs whose sale does not require the
supervision of a qualified person.

 

 

(b) Licences to itinerant vendors shall be issued only in exceptional circumstances
for bona fide travelling agents of firms dealing in drugs or for a vendor who
purchases drugs from a licensed dealer for distribution in sparsely populated rural
areas where other channels of distribution of drugs are not available.

 

 

(c) The licensing authority may issue a licence in Form 21A to a travelling agent
of a firm but to no other class of itinerant vendors for the specific purpose of
distribution to medical practitioners or dealers, samples of biological and other
special products specified in Schedule C:

 

 

Provided that travelling agents of licensed manufacturers, agents, of such
manufacturers and importers of drugs shall be exempted from taking out licence for
the free distribution of samples of medicines among members of the medical
profession, hospitals, dispensaries and the medical institution or research institutions.

 

 

1
[62-B. Conditions to be satisfied before a licence in Form 20A or Form 21A is

granted. (1) A licence in Form 20A or Form 21A shall not be granted to any
person, unless the authority empowered to grant the licence is satisfied that the
premises in respect of which the licence is to be granted are adequate and equipped
with proper storage accommodation for preserving the properties of drugs to which
the licence applies:

Provided that this condition shall not apply in the case of licence granted to

itinerant vendors.

(2) In granting a licence under Rule 62A the authority empowered to grant it
shall have regard to:

(i) the number of licences granted in the locality during one year

immediately preceding; and

(ii) the occupation, trade or business carried on by such applicant :

1. Ins. by Notfn. No. F. 1-9/60-D, dt. 3-7-1961.

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Drugs and Cosmetics Rules 1945

Provided that the licensing authority may refuse to grant or renew a licence to any
applicant or licensee in respect of whom it is satisfied that by reason of his conviction
of an offence under the Act or these Rules or the previous cancellation or suspension
of any licence granted thereunder, he is not a fit person to whom a licence should be
granted under this rule.

 

(3) Any person who is aggrieved by the order passed by the licensing authority in
sub-rule (1) may, within 30 days from the date of the receipt of such order appeal to
the State Government and the State Government may, after such enquiry into the
matter as it considers necessary and after giving the appellant an opportunity for
representing his views in the matter make such order in relation thereto as it thinks
fit.]

 

1
[62C. Application for licence to sell drugs by wholesale or to distribute the same

from a motor vehicle. (1) Application for the grant or renewal of a licence to sell by
wholesale or to distribute from a motor vehicle shall be made to the Licensing

2
Authority in Form 19AA and shall be accompanied by [a fee of rupees five
hundred]:

 

Provided that if the applicant applies for the renewal of a licence after its expiry
but within six months of such expiry , the fee payable for renewal of such licence

2
shall be [rupees five hundred plus an additional fee at the rate of rupees two hundred
and fifty per month or part thereof].

 

2
(2) A fee of [rupees one hundred and fifty] shall be paid for a duplicate copy of a

licence issued under this rule, if the original is defaced, damaged or lost.]

3
[62D. Form of licences to sell drugs by wholesale or distribute drugs from a

motor vehicle. A licence shall be issued for sale by wholesale or for distribution
from a motor vehicle of drugs other than those specified in Schedule and Schedule
C(1) in Form 20BB and of drugs specified in Schedule C and Schedule C(1) in Form
21BB :

 

Provided that such a licence shall not be required in a case where a public carrier
or a hired vehicle is used for transportation or distribution of drug.]

3
[63. Duration of licence. An original licence or a renewed licence to sell drugs,

2
unless sooner suspended or cancelled, shall be [valid for a period of five years on
and from the date on which] it is granted or renewed:

1. Ins. by Notfn. No. 1-9/60-D dt. 3-7-1961.

2. Subs. by Notfn. No. G.S.R 601 (E), dt. 24-8-2001.

3. Amended by Notfn. No. F. 1-10/62-D, dt. 10-4-1964.

68

 

 

Drugs and Cosmetics Rules 1945

1
[Provided that if the application for renewal of licence in force is made before its

expiry or if the application is made within six months of its expiry, after payment of
additional fee, the licence shall continue to be in force until orders are passed on the
application. The licence shall be deemed to have expired if application for its renewal
is not made within six months after its expiry].]

2
[63A. Certificate of renewal of a sale licence. The certificate of renewal of a

3
sale licence in Forms 20, 20A, 20B, [20F, 20G], 21, 21A and 21B shall be
issued in Form 21C.]

4
[63B. Certificate of renewal of licence. A certificate of renewal of a licence in

Form 20BB or Form 21BB shall be issued in Form 21CC.]

5 8
[64. Conditions to be satisfied before a licence in Form [20, 20B, 20F,20G,

3
21 or 21B] is granted . (1)A licence in Form [20, 20B, 20F, 20G, 21 or 21B]
6 7
[to sell, stock, exhibit or offer for sale or distribute] drugs shall not be granted [or

renewed] to any person unless the authority empowered to grant the licence is
7

satisfied that the premises in respect of which the licence is to be granted [or
renewed] are adequate, equipped with proper storage accommodation for preserving
the properties of the drugs to which the licence applies and are in charge of a person
competent in the opinion of the licensing authority to supervise and control the sale,
distribution and preservation of drugs :

Provided that in the case of a pharmacy a licence in Form 20 or 21 shall not be

7
granted [or renewed] unless the licensing authority is satisfied that the requirements
prescribed for a pharmacy in Schedule N have been complied with:

3 7
[Provided further that licence in Form 20F shall be granted [or renewed] only

to a pharmacy and in areas where a pharmacy is not operating, such licence may be
7
[granted or renewed] to a chemist and druggist.]

Explanation. For the purpose of this rule the term ‗Pharmacy‘ shall be held to
mean to include every store or shop or other place : (1) where drugs are dispensed,
that is, measured or weighed or made up and supplied ; or (2) where prescriptions are
compounded; or (3) where drugs are prepared; or (4) which has upon it or displayed
within it, or affixed to or used in connection with it, a sign bearing the word or words
―Pharmacy‖, ―Pharmacist‖, ―Dispensing Chemist‖ or ―Pharmaceutical Chemist‖; or
(5) which, by sign, symbol or indication within or upon it gives the impression that
the operations mentioned at (1), (2) and (3) are carried out in the premises; or (6)
which is advertised in terms referred to in (4) above.

 

1. Amended by S. O. No. 2139, dt. 12-8-1972.

2. Ins. by Notfn. No. F. 1-10/62-D, dt. 10-4-1964.

3. Ins. by G.S.R 462 (E), dt. 22-6-1982.

4. Ins. by Notfn. No. F.1-10/62-D,dt. 10-4-1964.

5. Subs. by Notfn. No.F.1-16/57-D,dt. 15-6-1957 and No. F. 1-19/59-D, dt. 13-6-1961.

6. Subs. by G.S.R 788 (E), dt. 10-10-1985.

7. Subs. by No. G.S.R 681(E), dt. 6-6-1988.

8. Subs. by G.S.R 462 (E), dt. 22-6-1982.

69

 

 

Drugs and Cosmetics Rules 1945

1
(2) In granting [or renewing] a licence under sub-rule (1) the authority empowered

to grant it shall have regard

2 1
[(i) to the average number of licences granted [or renewed] during the

period of 3 years immediately preceding, and]

(ii) to the occupation, trade or business ordinarily carried on by such
applicant during the period aforesaid:

Provided that the licensing authority may refuse to grant or renew a licence to any

applicant or licensee in respect of whom it is satisfied that by reason of his conviction
of an offence under the Act or these rules, or the previous cancellation or suspension

1
of any licence granted [or renewed] thereunder, he is not a fit person to whom a

1
licence should be granted [or renewed] under this rule. Every such order shall be
communicated to the licensee as soon as possible:

3
[Provided further that in respect of an application for the grant of a licence in

Form 20B or Form 21B or both, the licensing authority shall satisfy himself that the
1

premises in respect of which a wholesale licence is to be granted [or renewed] are:-

(i) of an area of not less than ten square meters; and]

4
[(ii) in the charge of a competent person, who—

(a) is a Registered Pharmacist, or

(b) has passed the matriculation examination or its equivalent
examination from a recognised Board with four years‘ experience in dealing
with sale of drugs, or

(c) holds a degree of a recognised University with one year‘s

experience in dealing with drugs:]

5
[Provided also that,-

(i) in respect of an application for the grant of a licence in Form 20 or Form
21 or both, the licensing authority shall satisfy itself that the premises are of an
area] of not less than 10 square meters, and

(ii) in respect of an application for the grant of a licence

(A) In Form 20 or Form 21 or both, and

(B) In Form 20 B or Form 21B or both,

the licensing authority shall satisfy itself that the premises are of an area not less than
15 square meters:

1. Ins. by G.S.R 681(E), dt. 6.6.1988.
2. Subs. by Notfn. No. F. 1-19/59-D, dt. 13-6-1961.
3. Ins. by G.S.R 681(E), dt. 6.6.1980.
4. Substituted. G.S.R 351(E), dt. 26-4-2000.
5. Ins. by G.S.R 91(E), dt. 25-2-1997.

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Drugs and Cosmetics Rules 1945

Provided also that the provisions of the preceding proviso shall not apply to the
premises for which licences have been issued by the licensing authority before the
commencement of the Drugs and Cosmetics (1st Amendment) Rules, 1997.]

1
[(3) Any person who is aggrieved by the order passed by the licensing authority

in sub-Rule (1) may, within 30 days from the date of receipt of such order, appeal to
the State Government and the State Government may, after such enquiry into the
matter as it considers necessary and after giving the appellant an opportunity for
representing his views in the matter, make such an order in relation thereto as it thinks
fit.]

2
65. Condition of licences. Licences in [Forms 20, 20-A, 20-B, 20-F, 20-G, 21

and 21-B] shall be subject to the conditions stated therein and to the following general
conditions

2
[(1) Any drug shall, if compounded or made on the licensee‘s premises be

3
compounded or made by or under the direct and personal supervision of a [registered
Pharmacist].]

4

(2) The supply, otherwise than by way of wholesale dealing, [* * *] of any drug
supplied on the prescription of a Registered Medical Practitioner shall be effected

3
only by or under the personal supervision of a [registered Pharmacist].

5 6
[(3) (1) The supply of any drug [other than those specified in Schedule X] on a

prescription of a Registered Medical Practitioner shall be recorded at the time of
supply in a prescription register specially maintained for the purpose and the serial
number of the entry in the register shall be entered on the prescription. The following

_
particulars shall be entered in the register:

 

(a) serial number of the entry,

(b) the date of supply,

(c) the name and address of the prescriber,

7
[(d) the name and address of the patient, or the name and address of the

owner of the animal if the drug supplied is for veterinary use,

(e) the name of the drug or preparation and the quantity or in the case of a
medicine made up by the licensee, the ingredients and quantities thereof,

2 8
(f) in the case of a drug specified in [Schedule C or [Schedule H and

Schedule H1]] the name of the manufacturer of the drug, its batch number and
the date of expiry of potency, if any,

3
(g) the signature of the [registered Pharmacist] by or under whose

supervision the medicine was made up or supplied:

1. Amended by F.1-9/60-D dt. 3-7-1961.

2. Subs. by G.S.R 462 (E), dt. 22-6-1982.

3. Subs. by G.S.R 676 (E), dt. 6-9-1994.

4. Omitted by No. G.S.R 462(E), dt. 22-6-1982.

5. Subs. by S. O. 2139, dt. 5-6-1972.

6. Ins. by G.S.R. 462(E), dt. 22-6-1982.

7. Subs. by G.S.R. 926 dt. 16-7-1977.

8. Subs. by G.S.R 588 (E), dt. 30-08-2013.

71

 

 

Drugs and Cosmetics Rules 1945

Provided that in the case of drugs which are not compounded in the premises and

which are supplied from or in the original containers, the particulars specified in

items (a) to (g) above may be entered in a cash or credit memo book, serially

numbered and specially maintained for this purpose:

Provided further that if the medicine is supplied on a prescription on which the

medicine has been supplied on a previous occasion and entries made in the

prescription register, it shall be sufficient if the new entry in the register includes a

serial number, the date of supply, the quantity supplied and a sufficient reference to

an entry in the register recording the dispensing of the medicine on the previous

occasion:

Provided also that it shall not be necessary to record the above details in the

register or in the cash or credit memo particulars in respect of−

(i) any drugs supplied against prescription under the Employees State

Insurance Scheme if all the above particulars are given in that prescription, and

1 4
(ii) any drug other than that specified in [Schedule C or [Schedule H and Schedule

H1]] if it is supplied in the original unopened container of the manufacturer and

if the prescription is duly stamped at the time of supply with the name of the supplier

and the date on which the supply was made and on condition that the provisions of

sub-rule (4)(3) of this rule are complied with.
5
[(h) the supply of a drug specified in Schedule H1 shall be recorded in a separate

register at the time of the supply giving the name and address of the prescriber, the

name of the patient, the name of the drug and the quantity supplied and such records

shall be maintained for three years and be open for inspection.]

(2) The option to maintain a prescription register or a cash or credit memo book

in respect of drugs and medicines which are supplied from or in the original container,

shall be made in writing to the Licensing Authority at the time of application for the

grant or renewal of the licence to sell by retail:

Provided that the Licensing Authority may require records to be maintained only

in prescription register if it is satisfied that the entries in the carbon copy of the cash

or credit memo book are not legible.]

2
[(4) (1) The supply by retail, otherwise than on a prescription of a drug specified

3
in Schedule C [* * *] shall be recorded at the time of supply either−

 

1. Subs. by G.S.R 462 (E), dt. 22-6-1982.

2. Ins. by Notfn. No. 1-63/61-D, dt. 17-7-1963.

3. Omitted by G.S.R 462 (E), dt. 22-6-1982.

4. Subs. by G.S.R 588 (E), dt. 30-08-2013.

5. Ins. by G.S.R 588 (E), dt. 30-08-2013.

72

 

 

Drugs and Cosmetics Rules 1945

(i) in a register specially maintained for the purpose in which the following
particulars shall be entered :

 

(a) serial number of the entry,

(b) the date of supply,

(c) the name and address of the purchaser,

(d) the name of the drug and the quantity thereof,

(e) in the case of a drug specified in Schedule C, the name of the
manufacturer, the batch number and the date of expiry of potency,

(f) the signature of the person under whose supervision the sale was

effected, or

(ii) in a cash or credit memo book, serially numbered containing all the
particulars specified in items (b) to (f) of sub-clause (i) above.

NOTE: The entries in the carbon copy of the cash or credit memo which is retained
by the licensee shall be maintained in a legible manner.

 

(2) The option to maintain a register or a cash or credit memo book shall be made
in writing to the Licensing Authority at the time of application for the grant or
renewal of a licence to sell by retail:

Provided that the Licensing Authority may require records to be maintained in a

register if it is satisfied that the entries in the carbon copy of the cash/credit memo
book are not legible.

(3)(i) The supply by retail of any drug shall be made against a cash/credit memo

which shall contain the following particulars :

(a) Name, address and sale licence number of the dealer,

1
[(b) Serial number of the cash/credit memo,

(c) the name and quantity of the drug supplied.]

(ii) Carbon copies of cash/credit memos shall be maintained by the licensee as

record.

1. Ins. by G. S. R. No. 245, dt. 21-2-1976.

73

 

 

Drugs and Cosmetics Rules 1945

1
[(4)(i) Records of purchase of a drug intended for sale or sold by retail shall be

maintained by the licensee and such records shall show the following particulars,
namely:

(a) the date of purchase,

(b) the name and address of the person from whom purchased and the

number of the relevant licence held by him,

(c) the name of the drug, the quantity and the batch number, and

(d) the name of the manufacturer of the drug.

(ii) Purchase bills including cash or credit memo shall be serially numbered by the
licensee and maintained by him in a chronological order.]

2
[(5)(1) Subject to the other provisions of these Rules the supply of a drug by

wholesale shall be made against a cash or credit memo bearing the name and address
of the licensee and his licence number under the Drugs and Cosmetics Act in which
the following particulars shall be entered

(a) the date of sale,

(b) the name, address of the licensee to whom sold and his sale licence
number. In case of sale to an authority purchasing on behalf of Government, or
to a hospital, medical, educational or research institution or to a Registered
Medical Practitioner for the purpose of supply to his patients the name and
address of the authority, institution or the Registered Medical Practitioner as
the case may be,

(c) the name of the drug, the quantity and the batch number,

(d) the name of the manufacturer,

3
[(e) the signature of the competent person under whose supervision the sale

was effected.]

(2) Carbon copies of cash or credit memos specified in clause (1) shall be
preserved as records for a period of three years from the date of the sale of the drug.

 

1. Subs. by G.S.R 1242 (E), dt. 17-9-1979.

2. Amended by F. 1-63/62-D, dt. 17-7-1963.

3. Ins. by G.S.R 496 (E), dt. 9-6-1995.

74

 

 

Drugs and Cosmetics Rules 1945

1
[(3) (i) Records of purchase of a drug intended for resale or sold by wholesale

shall be maintained by the licensee and such records shall show the following
particulars, namely:-

 

(a) the date of purchase,

(b) the name, address and the number of the relevant licence held by the

person from whom purchased,

(c) the name of the drug, the quantity and the batch number, and

 

(d) the name of the manufacturer of the drug.

 

(ii) Purchase bills including cash or credit memos shall be serially numbered by

the licensee and maintained by him in a chronological order.]

(6) The licensee shall produce for inspection by an Inspector appointed under the

Act on demand all registers and records maintained under these Rules, and shall
supply to the Inspector such information as he may require for the purpose of
ascertaining whether the provisions of the Act and Rules thereunder have been
observed.

 

(7) Except where otherwise provided in these Rules, all registers and records

maintained under these Rules shall be preserved for a period of not less than two
years from the date of the last entry therein.

 

(8) Notwithstanding anything contained in this Rule it shall not be necessary to

record particulars in a register specially maintained for the purpose if the particulars
are recorded in any other register specially maintained under any other law for the
time being in force.

2 3
[(9) (a) Substances specified in [Schedule H and Schedule H1] or Schedule X

shall not be sold by retail except on and in accordance with the prescription of a
Registered Medical Practitioner and in the case of substances specified in Schedule
X, the prescriptions shall be in duplicate, one copy of which shall be retained by the
licensee for a period of two years.

 

3

(b) The supply of drugs specified in [Schedule H and Schedule H1] or
Schedule X to Registered Medical Practitioners, Hospitals, Dispensaries and Nursing
Homes shall be made only against the signed order in writing which shall be
preserved by the licensee for a period of two years.]

 

1. Subs. by G.S.R 1242(E), dt. 17-9-1979.

2. Subs. by G.S.R 462(E), dt. 22-6-1982.

3. Subs. by G.S.R 588(E), dt. 30-8-2013.

75

 

 

Drugs and Cosmetics Rules 1945

(10) For the purposes of clause (9) a prescription shall

(a) be in writing and be signed by the person giving it with his usual

signature and be dated by him;

1
[(b) specify the name and address of the person for whose treatment it is

given, or the name and address of the owner of the animal if the drug is meant
for veterinary use;]

 

(c) indicate the total amount of the medicine to be supplied and the dose to

be taken.

(11) The person dispensing a prescription containing a drug specified in

5 2
[Schedule H and Schedule H1] [and Schedule X] shall comply with the following

requirements in addition to other requirement of these rules.

(a) the prescription must not be dispensed more than once unless the

prescriber has stated thereon that it may be dispensed more than once;

(b) if the prescription contains a direction that it may be dispensed a stated

number of times or at stated intervals it must not be dispensed otherwise than
in accordance with the directions;

 

(c) at the time of dispensing there must be noted on the prescription above

the signature of the prescriber the name and address of the seller and the date
on which the prescription is dispensed.

4
[(11-A) No person dispensing a prescription containing substances specified in

3 5
[ [Schedule H and Schedule H1] or X], may supply any other preparation, whether

containing the same substance or not, in lieu thereof.

3
[(12) Substances specified in Schedule X kept in retail shop or premises used in

connection therewith shall be stored—

(a) under lock and key in cupboard or drawer reserved solely for the storage

of these substances; or

(b) in a part of the premises separated from the remainder of the premises

and to which only responsible persons have access;]

1. Subs. by G. S. R. No. 926, dt. 24-6-1977.

2. Ins. by G.S.R 462 (E), dt. 22-6-1982.

3. Subs., by G.S.R 462 (E), dt. 22-6-1982.

4. Ins. by SO 2139, dt. 5-6-1972.

5. Subs. by G.S.R 588(E), dt. 30-8-2013.

76

 

 

Drugs and Cosmetics Rules 1945

1
[* * * * *]

2
[(15)(a) The description ―Drugstore‖ shall be displayed by such licensees who do

3
not require the services of a [Registered Pharmacist].

(b) The description ―Chemists and Druggists‖ shall be displayed by such
3

licensees who employ the services of a [Registered Pharmacist] but who do not

maintain a ―Pharmacy‖ for compounding against prescriptions.

(c) The description ―Pharmacy‖, ―Pharmacist‖, ―Dispensing Chemist‖ or

―Pharmaceutical Chemist‖ shall be displayed by such licensees who employ the
3

services of a [Registered Pharmacist] and maintain a ―Pharmacy‖ for compounding

against prescriptions:

3
[Explanation:- For the purpose of this rule,-

(i) ―Registered Pharmacist‖ means a person who is a registered

Pharmacist as defined in clause (i) of section (2) of the Pharmacy Act, 1948

(Act No. 8 of 1948):

Provided that the provisions of sub-clause (i) shall not apply to those

persons who are already approved as ―qualified person‖ by the licensing

authority on or before 31st December, 1969:

(ii) ―Date of Expiry of potency‖ means the date that is recorded on the

container, label or wrapper as the date up to which the substance may be

expected to retain a potency not less than or not to acquire a toxicity greater

than that required or permitted by the prescribed test].]

4
[(16) The licensee shall maintain an Inspection Book in Form 35 to enable an

 

Inspector to record his impressions and the defects noticed.]

1. Sub-Rules (13) and (14) omitted by G.S.R 462 (E), dt. 22-6-1982.

2. Subs. by Notfn. No. F. 1-16/57-D, dt. 15-6-1957.

3. Subs. by G.S.R 676 (E), dt. 6-9-1994.

4. Subs. by Notfn. No. F. 1-14/68-D dt. 26-10-1968.

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Drugs and Cosmetics Rules 1945

1
[(17) No drug shall be sold or stocked by the licensee after the date of expiration

of potency recorded on its container, label or wrapper, or in violation of any statement

or direction recorded on such container, label or wrapper:

Provided that any such drugs in respect of which the licensee has taken steps with

the manufacturer or his representative for the withdrawal, reimbursement or disposal

of the same, may be stocked after the date of expiration of potency pending such

withdrawal, reimbursement or disposal, as the case may be, subject to the condition
2

that the same shall be stored separately from the trade stocks [and all such drugs

shall be kept in packages or cartons, the top of which shall display prominently, the

words ―Not for sale‖].]

3
[(18) No drug intended for distribution to the medical profession as free sample

4
which bears a label on the container as specified in clause [(ix)] of sub-rule (1) of rule

96, and no drug meant for consumption by the Employees‘ State Insurance

Corporation, the Central Government Health Scheme, the Government Medical

Stores Depots, the Armed Forces Medical Stores or other Government institutions,

which bears a distinguishing mark or any inscription on the drug or on the label

affixed to the container thereof indicating this purpose shall be sold or stocked by the

licensee on his premises:]

5
[Provided that this sub-rule shall not be applicable to licensees who have been

appointed as approved chemists, by the State Government in writing, under the

employees‘ State Insurance Scheme, or have been appointed as authorised agent or

distributor, by the manufacturer in writing, for drugs meant for consumption under

the Central Government Health Scheme, the Government Medical Stores Depots, the

Armed Forces Medical Stores or other Government Institutions for drugs meant for
6

consumption under those schemes [or have been appointed as authorised Depots or

Carrying and Forwarding agent by the manufacturer in writing, for storing free

samples meant for distribution to medical profession] subject to the conditions that

the stock shall be stored separately from the trade stocks and shall maintain separate

records of the stocks received and distributed by them.]

1. Ins. by Notfn. No. F. 1-55/61-D, dt. 22-8-1964.

2. Ins. by S. O. No. 903, dt. 28-2-1976.

3. Ins. by Notfn. No. 1-113/69-D, dt. 23-12-1969.

4. Subs. by G.S.R. 676(E) dt. 6-9-1994.

5. Subs. by G.S.R. 496(E) dt. 9-6-1995.

6. Ins. by G.S.R 352(E), dt. 26-4-2000.

 

78

 

 

Drugs and Cosmetics Rules 1945

1
[(19) The supply by retail of any drug in a container other than the one in which

the manufacturer has marketed the drug, shall be made only by dealers who employ
2

the services of a [Registered Pharmacist] and such supply shall be made under the
2

direct supervision of the [Registered Pharmacist] in an envelope or other suitable
wrapper or container showing the following particulars on the label:

 

(a) name of the drug,

(b) the quantity supplied,

(c) the name and address of the dealer.]

3
[(20) The medicines for treatment of animals kept in a retail shop or premises

shall be labelled with the words ‗Not for human use for treatment of animals only‘
and shall be stored

 

(a) in a cupboard or drawer reserved solely for the storage of veterinary
drugs, or

 

(b) in a part of the premises separated from the remainder of the premises
to which customers are not permitted to have access.]

4
[(21) (a) The supply of drugs specified in Schedule X shall be recorded at the

time of supply in a register (bound and serially page numbered) specially maintained
for the purpose and separate pages shall be allotted for each drug.

 

(b) The following particulars shall be entered in the said register, namely:–

(i) Date of transaction;

(ii) Quantity received, if any, the name and address of the supplier and the
number of the relevant licence held by the supplier;

 

(iii) Name of the drug;

(iv) Quantity supplied;

(v) Manufacturer‘s name;

(vi) Batch No. or Lot No;

(vii) Name and address of the patient/purchaser;

(viii) Reference Number of the prescription against which supplies were
made;

 

(ix) Bill No and date in respect of purchases and supplies made by him;

(x) Signature of the person under whose supervision the drugs have been
supplied.]

 

1. Ins. by G. S. R. 444 dt. 28-4-1973.
2. Subs. by G.S.R 676 (E), dt. 6-9-1994.
3. Added by G. S. R. No. 926 dt. 16-7-1977.
4. Ins. by G.S.R 462 (E), dt. 22-6-1982.

79

 

 

Drugs and Cosmetics Rules 1945

1
[65A. Additional information to be furnished by an applicant for liscence or a

licensee to the Licensing Authority. The applicant for the grant of a licence or any
person granted a licence under this Part shall, on demand, furnish to the licensing
authority, before the grant of the licence or during the period the licence is in force,
as the case may be, documentary evidence in respect of the ownership of occupation
or rental or other basis of the premises, specified in the application for licence or in
the licence granted, constitution of the firm, or any other relevant matter which may
be required for the purpose of verifying the correctness of the statements made by the
applicant or the licensee, while applying for or after obtaining the licence, as the case
may be.]

66. Cancellation and suspension of licences. (1) The Licensing Authority may,

after giving the licensee an opportunity to show cause why such an order should not
be passed by an order in writing stating the reasons therefor, cancel a licence issued
under this Part or suspend it for such period as he thinks fit, either wholly or in
respect of some of the substances to which it relates, if in his opinion, the licensee has
failed to comply with any of the conditions of the licence or with any provisions of
the Act or Rules thereunder:

1
[Provided that, where such failure or contravention is the consequence of an act

or omission on the part of an agent or employee, the licence shall not be cancelled or
suspended if the licensee proves to the satisfaction of the licensing authority−

(a) that the act or omission was not instigated or connived at by him or, if the

licensee is a firm or company, by a partner of the firm or a director of the
company, or

 

(b) that he or his agent or employee had not been guilty of any similar act or
omission within twelve months before the date on which the act or omission in
question took place, or where his agent or employee had been guilty of any such act
or omission the licensee had not or could not reasonably have had, knowledge of that
previous act or omission, or

 

(c) if the act or omission was a continuing act or omission, he had not or could
not reasonably have had knowledge of that previous act or omission, or

 

(d) that he had used due diligence to ensure that the conditions of the licence or
the provisions of the Act or the Rules thereunder were observed.]

2
[(2) A licensee whose licence has been suspended or cancelled may, within three

months of the date of order under sub-rule (1), prefer an appeal against that order to
the State Government, which shall decide the same.]

3
[66A. Procedure for disposal of drugs in the event of cancellation of licence.—

(1) In case a licensee, whose licence has been cancelled, desires to dispose of the
drugs he has in his possession in the premises in respect of which the licence has been
cancelled, he shall apply in writing to the licensing authority for this purpose, giving
the following particulars, namely:—

1. Ins. by S. O. 2139, dt. 12-8-1972.

2. Subs. by G. S. R. 926 dt. 16-7-1977.

3. Ins. by G.S.R 1242 (E), dt. 17-9-1979.

80

 

 

Drugs and Cosmetics Rules 1945

(a) the name and address of the person to whom the drugs are proposed to
be sold or supplied together with the number of the licence for sale or
manufacture, as the case may be, held by him,

 

(b) the names of drugs together with their quantities, batch numbers, the

names and addresses of their manufacturers and the dates of their expiry, if any,
proposed to be sold to the person mentioned in clause (a).

 

(2) The licensing authority may, after examination of the particulars referred to in

sub-rule (1) and, if necessary, after inspection by an Inspector of the premises where
the drugs are stocked, grant the necessary permission for their disposal.]

6

[****]
1
[PART VIA

 

SALE OF HOMOEOPATHIC MEDICINES

67A. (1) The State Government shall appoint Licensing Authorities for the
purpose of this Part for such areas as may be specified.

2
(2) Application for the grant or renewal of a licence [to sell, stock or exhibit or

offer for sale or distribute] Homoeopathic medicines shall be made in Form 19-B to
3

the Licensing Authority and shall be accompanied by a [fee of rupees two hundred
and fifty]:

4
[Provided that if the applicant applies for renewal of licence after its expiry but

within six months of such expiry the fee payable for renewal of such licence shall be
3
[rupees two hundred and fifty plus an additional fee at the rate of rupees fifty or part

thereof].

5
[(3) If the original licence is either defaced, damaged or lost, a duplicate copy

3
thereof may be issued on payment of a [fee of rupees fifty].]

67B. A Licensing Authority may, with the approval of the State Government, by
an order in writing, delegate the power to sign licences and such other powers, as may
be specified, to any other person under his control.

2

67C. Forms of licences to sell drugs. (1) A licence [to sell, stock or exhibit or
offer for sale or distribute] Homoeopathic medicines by retail or by wholesale shall
be issued in Form 20C or 20D as the case may be.

1. Added by Notfn. No. F. 1-35/64-D, dt. 18-8-1964.

2. Subs. by G.S.R 788(E) dt. 10-10-1985.

3. Subs. by G.S.R 601 (E), dt. 24-8-2001.

4. Amended by S. O. 2139 dt. 12-8-1972.

5. Added by G. S. R. 665, dt. 28-5-77.

6. Rule 67 omitted by SO 289 (E), dt. 20-12-1972.

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Drugs and Cosmetics Rules 1945

67D. Sale at more than one place. If drugs are sold or stocked for sale at more
than one place, a separate application shall be made and a separate licence shall be
obtained in respect of each place.

 

67E. Duration of licences. An original licence or a renewed licence unless it is

1
sooner suspended or cancelled shall be [valid for a period of five years on and from
the date on which] it is granted or renewed :

 

2
[Provided that if the application for renewal of a licence in force is made before

its expiry or if the application is made within six month of its expiry, after payment of
additional fee, the licence shall continue to be in force until orders are passed on the
application and the licence shall be deemed to have expired if application for its
renewal is not made within six months after its expiry.]

3
[67EE. Certificate of renewal. The certificate of renewal of a sale licence in

Forms 20C and 20D shall be issued in Form 20E.]

67F. Condition to be satisfied before a licence in Form 20C or Form 20D is
4

granted.-(1) A licence in Form 20C or Form 20D to [to sell, stock or exhibit or
offer for sale or distribute] Homoeopathic medicines shall not be granted to any
person unless the authority empowered to grant the licence is satisfied that the
premises in respect of which the licence is to be granted are clean and in the case of a
licence in Form 20C the sale premises is in charge of a person who is or has been
dealing in Homoeopathic medicines and who is in the opinion of the Licensing
Authority competent to deal in Homoeopathic medicines:

 

5
[Provided that no registered Homoeopathic medical practitioner who is

practising Homoeopathy in the premises where Homoeopathic medicines are sold
shall deal in Homoeopathic medicines.]

 

(2) Any person who is aggrieved by the order passed by the Licensing Authority
under sub-rule (1) may within 30 days from the date of the receipt of such order
appeal to the State Government and the State Government may, after such enquiry
into the matter as it considers necessary and after giving the appellant an opportunity
for representing his case, make such order in relation thereto as it thinks fit.

 

 

1. Subs. by G.S.R 601 (E), dt. 24-8-2001.

2. Subs. by S. O. 2139 dt. 5-6-1972.

3. Added by Notfn. No. F. 1-14/67-D, dt. the 3-2-1969.

4. Subs. by G.S.R 788 (E), dt. 10-10-1985.

5. Ins. by Notfn. No. G.S.R 680 (E), dt. 5-12-1980.

82

 

 

Drugs and Cosmetics Rules 1945

67G. Conditions of licence. Licence in Form 20C or 20D shall be subject to
the conditions stated therein and to the following further conditions, namely:

 

(1) The premises where the Homoeopathic medicines are stocked for sale or
sold are maintained in a clean condition.

 

(2) The sale of Homoeopathic medicines shall be conducted under the
supervision of a person, competent to deal in Homoeopathic medicines.

 

(3) The licensee shall permit an Inspector to inspect the premises and
furnish such information as he may require for ascertaining whether the
provisions of the Act and the Rules made thereunder have been observed.

 

(4) The licensee in Form 20D shall maintain records of purchase and sale
of Homoeopathic medicines containing alcohol together with names and
addresses of parties to whom sold.

 

1
[(5) The licensee in Form 20C shall maintain records of purchase and sale

of Homoeopathic medicines containing alcohol. No records of sale in respect
of Homoeopathic potentised preparation in containers of 30 ml. or lower
capacity and in respect of mother tinctures made up in quantities up to 60 ml.
need be maintained.]

 

2
[(6) The licensee shall maintain an Inspection Book in Form 35 to enable

an Inspector to record his impressions and the defects noticed.]

3
[67GG. Additional information to be furnished by an applicant for licence or a

licensee to the Licensing Authority. The applicant for the grant of a licence or any
person granted a licence under this Part shall, on demand furnish to the Licensing
Authority, before the grant of the licence or during the period the licence is in force
as the case may be, documentary evidence in respect of the ownership or occupation
or rental or other basis of the premises, specified in the application for licence or in
the licence granted, constitution of the firm, or any other relevant matter, which
may be required for the purpose of verifying the correctness of the statements made
by the applicant or the licensee, while applying for or after obtaining the licence, as
the case may be.]

 

1. Ins. by Notfn. No. F. 1-59/68-D, dt. the 19-11-1969.

2. Ins. by G.S.R 331 (E), dt. 8-5-1984.

3. Ins. by S. O. 2139 dt. 5-6-1972.

83

 

 

Drugs and Cosmetics Rules 1945

67-H. Cancellation and suspension of licences. (1) The Licensing Authority

may, after giving the licensee an opportunity to show cause why such an order should

not be passed by an order in writing stating the reasons therefor, cancel a licence

issued under this Part or suspend it for such period as he thinks fit, if in his opinion,

the licensee has failed to comply with any of the conditions of the licence or with any

provisions of the Act or Rules made thereunder:

1
[Provided that, where such failure or contravention is the consequence of an act

or omission on the part of an agent or employee, the licence shall not be cancelled or

suspended if the licensee proves to the satisfaction of the Licensing Authority−

(a) that the act or omission was not instigated or connived at by him or, if

 

the licensee is a firm or company, by a partner of the firm or a director of the

company, or

(b) that he or his agent or employee had not been guilty of any similar act

or omission within twelve months before the date on which the act or omission

in question took place, or where his agent or employee had been guilty of any

such act or omission, the licensee had not or could not reasonably have had,

knowledge of that previous act or omission, or

(c) if the act or omission was a continuing act or omission that he had not

or could not reasonably have had knowledge of that previous act or omission,

or

(d) that he had used due diligence to ensure that the conditions of the

licence or the provisions of the Act or the Rules thereunder were observed.]

2
[(2) A licensee whose licence has been suspended or cancelled may, within three

months of the date of the order under sub-rule (1), prefer an appeal against that order

to the State Government, which shall decide the same.]

1. Ins. by S. O. 2139 dt. 5-6-1972.

2. Amended by G.S.R. 926 dt. 16-7-1977.

84

 

 

Drugs and Cosmetics Rules 1945

PART VII

1
[MANUFACTURE FOR SALE OR FOR DISTRIBUTION] OF DRUGS

OTHER THAN HOMOEOPATHIC MEDICINES

68. Manufacture on more than one set of premises. If drugs are manufactured
on more than one set of premises a separate application shall be made and a separate
licence shall be issued in respect of each such set of premises.

 

2
[68-A. Grant or Renewal of Licences by the Central Licence Approving

Authority.— (1) Notwithstanding anything contained in this Part, on and from the
commencement of the Drugs and Cosmetics (Amendment) Rules,1992, a licence for
the manufacture for sale or distribution of drugs as specified from time to time by the
Central Government by notification in the Official Gazette, for the purpose of this
rule, shall be granted or renewed, as the case may be, by the Central Licence
Approving Authority (appointed by the Central Government):]

Provided that the application for the grant or renewal of such licence
shall be made to the Licensing Authority.

(2) On receipt of the application for grant or renewal of a licence, the licensing
authority shall,-

(i) verify the statement made in the application form;

(ii) cause the manufacturing and testing establishment to be inspected in
accordance with the provisions of rule 79; and

(iii) in case the application is for the renewal of licence, call for the
information(s) of the past performance of the licensee.

(3) If the licensing authority is satisfied that the applicant is in a position to fulfil
the requirements laid down as in these Rules, he shall prepare a report to that effect

3
and forward it along with the application [and the licence (in triplicate) to be
granted and renewed, duly completed] to the Central Licence Approving Authority:

Provided that if the licensing authority is of the opinion that the applicant is not in
a position to fulfil the requirements laid down in these Rules, he may, by order, for
reasons to be recorded in writing, refuse to grant or renew the licence, as the case may
be.

(4) If on receipt of the application and the report of the licensing authority
referred to in sub-rule (3) and after taking such measures including inspection of the
premises by the Inspector, appointed by the Central Government under section
21 of the Act, with or without an expert in the concerned field if deemed
necessary, the Central Licence Approving Authority, is satisfied that the applicant

1. Subs. by G.S.R 788 (E), dt. 10-10-1985.
2. Ins. by G.S.R 923 (E), dt. 14-12-1992.
3. Subs. by G.S.R 89 (E), dt. 14-2-1996.

85

 

 

Drugs and Cosmetics Rules 1945

is in a position to fulfil the requirements laid down in these Rules, he may grant or
renew the licence, as the case may be:

 

Provided that if the Central Licence Approving Authority is of the opinion that

the applicant is not in a position to fulfil the requirements laid down in these rules, he
may, notwithstanding the report of the licensing authority, by order, for reasons to be
recorded in writing, reject the application for grant or renewal of licence, as the case
may be.]

 

1
[68B. Delegation of Powers by the Central Licence Approving Authority.—The

Central Licence Approving Authority may with the approval of the Central
Government, by notification delegate his powers of signing licences and any other
powers under the rules to any person under his control having same qualifications as
prescribed for controlling authority under Rule 50A for such areas and for such
periods as may be specified.]

 

2
[69. Application for licence to manufacture drugs other than those specified in

3
Schedules C and C(I) to the Drugs and Cosmetics Rules. [(1) Application for grant

4
or renewal of [licence to manufacture for sale or for distribution] of drugs, other than
those specified in Schedules C and C(I) shall be made to the licensing authority
appointed by the State Government for the purpose of this Part (hereinafter in this
Part referred to as the licensing authority) and shall be made

(a) in the case of repacking of drugs excluding those specified in Schedule
X for sale or distribution in, Form 24B;

 

(b) in the case of manufacture of drugs included in Schedule X, in Form

24F;

(c) in any other case, in Form 24.]

5
[(2)(a) Every application in Form 24B shall be made up to ten items for each

category of drugs categorised in Schedule M and shall be accompanied by a licence
fee of rupees five hundred plus and an inspection fee of rupees two hundred for every
inspection or for the purpose of renewal of the licence.

 

1. Ins. by G.S.R 89 (E), dt. 14-02-1996.
2. Amended by Notfn. F. 1-22/59-D, dt. 9-4-1960.

3. Subs. by G.S.R 462 (E), dt. 22-06-1982.

4 Subs. by G.S.R.788 (E), dt. 10-10-1985.

5. Subs. by G.S.R 601(E), dt. 21-8-2001.

86

 

 

Drugs and Cosmetics Rules 1945

(b) Every application in Form 24F shall be made up to ten items for each
category of drugs categorised in Schedule M and shall be accompanied by a licence
fee of rupees six thousand and an inspection fee of rupees one thousand and five
hundred for every subsequent inspection or for the purpose of renewal of licence.

 

(c) Every application in Form 24 shall be made up to ten items for each category
3

of drugs [referred to in Schedule M relating to pharmaceuticals products and
Schedule MIII relating to medical devices and in-vitro diagnostics] and shall be
accompanied by a licence fee of rupees six thousand and an inspection fee of one
thousand and five hundred for every inspection or for the purpose of renewal of the
licence.]

 

1
[(3) If a person applies for the renewal of a licence after the expiry thereof but

within six months of such expiry the fee payable for the renewal of such licence shall
be−]

2
[(i) in the case of Form 24B a licence fee of rupees five hundred plus an

additional fee at the rate of rupees two hundred and fifty per month or part
thereof in addition to an inspection fee of rupees two hundred;

 

(ii) in the case of Form 24F a licence fee of rupees six thousand plus an
additional fee at the rate of rupees one thousand per month or part thereof in
addition to an inspection fee of rupees one thousand;

 

(iii) in the case of Form 24 a licence fee of rupees six thousand plus an
additional fee at the rate of rupees one thousand per month or part thereof in
addition to an inspection fee of rupees one thousand and five hundred.]

 

1 2
[(4) A fee [rupees one thousand shall be paid] for a duplicate copy of the

licence issued under clause (a), clause (b) or clause (c) of sub-Rule (1) if the original
is defaced, damaged or lost.]

2
[(5) Applications for manufacture of more than ten items of each category of

drugs as categorized under Schedule M and M-III or for manufacture of additional
items of drugs by licensees in Form 24 or Form 24F shall be accompanied by an
additional fee at the rate of rupees three hundred for each additional item of drug.
Applications in Form 24B for licence to manufacture for sale and distribution for
repacking for more than 10 items of each category or for manufacture of additional
item of drug shall be accompanied by additional fee of rupees one hundred for each
additional item of drugs as cetegorized in Schedule M and M-III].

 

1. Subs. by G.S.R 462 (E), dt. 22-6-1982.

2. Subs. by G.S.R 26 (E), dt. 19-1-2006.

3. Subs. by G.S.R 640 (E), dt. 29-6-2016.

87

 

 

Drugs and Cosmetics Rules 1945

1
[(6) Where an application under this Rule is for the manufacture of drug

formulations falling under the purview of new drug as defined in rule 122E, such
application shall also be accompanied with approval, in writing in favour of the
applicant, from the licensing authority as defined in clause (b) of rule 21.]

 

2
[69A. Loan Licences.⎯3

[(1) Application for the grant or renewal of loan
licences to manufacture for sale or for distribution of drugs other than those specified

in Schedule C, Schedule C (1) and Schedule X shall be made up to ten items for each
5

category of drugs [referred to in Schedule M relating to pharmaceuticals products and
Schedule M-III relating to medical devices and in-vitro diagnostics] and shall be made
in Form 24A accompanied by a licence fee of rupees six thousand and an inspection
fee of rupees one thousand and five hundred to the licensing authority:

Provided that if the applicant applies for the renewal of a licence after its expiry
but within six months of such expiry, the fee payable for renewal of such licence shall
be accompanied by a licence fee of rupees six thousand and an inspection fee of
rupees one thousand and five hundred plus an additional fee at the rate of rupees one
thousand per month or part thereof.]

4
[Explanation.- For the purpose of this rule a loan licence means a licence which

the Licensing Authority may issue to an applicant who does not have his own
arrangements for manufacture but who intends to avail himself of the manufacturing
facilities owned by a licensee in Form 25.]

(2) The Licensing Authority shall, before the grant of a loan licence, satisfy

himself that the manufacturing unit has adequate equipment, staff, capacity for
manufacture, and facilities for testing, to undertake the manufacture on behalf of the
applicant for a loan licence.

3
[(3) Subject to the provisions of sub-rule (2), application for manufacture of

more than ten items for each category of drug on a loan licence shall be accompanied
5

by an additional fee of rupees three hundred per additional item specified [referred to
in Schedule M relating to pharmaceuticals products and Schedule MIII relating to
medical devices and in-vitro diagnostics].

 

1. Ins. by G.S.R 311 (E), dt. 1-5-2002.

2. Amended by Notfn. No. F. 1-16/57-D, dt. 15-6- 1957.

3. Subs. by G.S.R 601(E) dt. 24-8-2001.

4. Subs. by G.S.R 724(E) dt. 07-11-2013.

5. Subs. by G.S.R 640 (E), dt. 29-6-2016.

88

 

 

Drugs and Cosmetics Rules 1945

1
[(4) If the Licensing Authority is satisfied that a loan licence is defaced,

2
damaged or lost or otherwise rendered useless, he may, on payment of a [fee of
rupees one thousand] issue a duplicate licence.]

3
[* * * * *]

4
[70. Form of licence to repack or manufacture drugs other than those specified

in Schedules C and C(1).-

Licences for repacking of drugs against application in Form 24-B shall be granted in

Form 25-B, licences for manufacture of drugs included in Schedule X and against
application in Form 24-F shall be granted in Form 25-F and licences for manufacture
of drugs against application in Form 24 shall be granted in Form 25.]

5 6
[70A. Form of loan [licence to manufacture for sale or for distribution] of drugs

other than those 7[specified in Schedules C, C(1) and X].⎯

A loan 6
[licence to manufacture for sale or for distribution] or drugs other than those

7
[specified in Schedules C, C(1) and X] shall be issued in Form 25A.]

8 9
[71. Conditions for the grant or renewal of a licence in Form 25 [or Form

25F].⎯
9

Before a licence in Form 25 [or Form 25F] is granted or renewed, the
following conditions shall be complied with by the applicant.-

(1) The manufacture shall be conducted under the active direction and

personal supervision of competent technical staff consisting at least of one person
who is a whole-time employee and who is

10

(a) a graduate in Pharmacy or Pharmaceutical Chemistry of [a
University established in India by law or has an equivalent qualification
recognised and notified by the Central Government for such purpose] and
has had at least eighteen months practical experience after the graduation in
the manufacture of drugs. This period of experience may, however, be
reduced by six months if the person has undergone training in manufacture of
drugs for a period of six months during his University course; or

10

(b) a graduate in Science of [a University established
in India by law or has an equivalent qualification recognized and
notified by the Central Government for such purpose] who for the purpose
of his degree has studied Chemistry as a principal subject and has

 

1. Ins. by Notfn. No. F.1-20/64-D, dt. 26.10.1968.

2. Subs. by Notfn. No. G.S.R. 601 (E), dt. 24.8.2001.
3. Rule 69 omitted by G.S.R. 944 (E), dt. 21-9-1988.

4. Subs. by Notfn. No. G.S.R. 462 (E), dt. 22.6.1982.

5. Ins. by Notfn. No. F.1-16/57 D, 15-6-1957 & No. F.1/22/59-D, dt. 9.4.1960.
6. Subs. by Notfn. No. G.S.R. 788 (E), dt. 10-10-1985.
7. Subs. by Notfn. No. G.S.R. 462 (E), dt. 22-6-1982.

8. Subs. by Notfn. No. F.1-16/57-D, dt. 15-6-1957.

9. Ins. by G.S.R. 462(E), dt. 22-6-1982.

10. Subs. by Notfn. No. G.S.R. 71 (E), dt. 30-1-1987.

89

 

 

Drugs and Cosmetics Rules 1945

had at least three years practical experience in the manufacture of drugs after
his graduation; or

 

(c) a graduate in Chemical Engineering or Chemical Technology or Medicine
1

of [a University established in India by law or has an equivalent qualification
recognised and notified by the Central Government for such purpose] with
general training and practical experience, extending over a period of not less
than three years in the manufacture of drugs, after his graduation; or

 

2
[(d) holding any foreign qualification the quality and content of training of

which are comparable with those prescribed in clause (a), clause (b) or clause
(c) and is permitted to work as competent technical staff under this Rule by the
Central Government:]

 

Provided that any person who was immediately before the 29th June, 1957,
actively directing and personally supervising the manufacture of drugs and whose

3
name was accordingly entered in any licence granted in Form 25 [or Form 25F] as it
existed before the date shall be deemed to be qualified for the purposes of this rule:

 

4
[Provided further that for drugs other than those specified in Schedules C, C(1)

and X and meant for veterinary use, the whole-time employee under whose
supervision the manufacture is conducted shall be a graduate in Veterinary Science or
Pharmacy or General Science or Medicine of a University recognized by the Central
Government and who has had at least three years practical experience in the
manufacture of drugs excluding graduate in Pharmacy who shall have at least
eighteen months practical experience in the manufacture of drugs:]

 

5 6
[Provided [also] that the Licensing Authority may, in the matter of manufacture

of disinfectant fluids, insecticides, liquid paraffin, medicinal gases, non-chemical
contraceptives, plaster of Paris and surgical dressings, for the manufacture of which
the knowledge of Pharmaceutical Chemistry or Pharmacy is not essential, permit the
manufacture of the substance under the active direction and personal supervision of
the competent technical staff, who, although not having any of the qualifications
included in clause (a), (b) or (c) of this rule, has, in the opinion of the Licensing
Authority, adequate experience in the manufacture of such substance.]

 

1. Subs. by G.S.R. 71(E), dt. 30-1-1987.

2. Added by Notfn. NO. F. 1-19/59-D, dt. 13-6-1961.

3. Ins. by. G.S.R. 462 (E), dt. 22-6-1982.

4. Ins. by. G.S.R. 93 (E), dt. 24-2-1999.

5. Added Notfn. No. F. 1-14/68-D, dt. the 26-10-1968.

6. Sub. by. G.S.R. 93 (E), dt. 24-2-1999.

90

 

 

Drugs and Cosmetics Rules 1945

(2) The factory premises shall comply with the conditions prescribed in
Schedule M.

 

(3) The applicant shall provide adequate space, plant and equipment for the
manufacturing operations; the space, plant and equipment recommended for various
operations are given in Schedule M.

 

1
[(4) The applicant shall provide and maintain adequate staff, premises and

laboratory equipment for carrying out tests of the strength, quality and purity of the
substances at a testing unit, which shall be separate from the manufacturing unit and
the head of the testing unit shall be independent of the head of the manufacturing
unit :

 

Provided that the manufacturing units, which, before the commencement of the
Drugs and Cosmetics (Amendment) Rules, 1977, were making arrangements with
institutions approved by the Licensing Authority for such tests to be carried out on
their behalf may continue such arrangements up to the 30th June, 1977 :

 

Provided further that for tests requiring sophisticated instrumentation techniques
or biological or microbiological methods other than sterility the Licensing Authority

4
may permit such tests to be conducted by institutions approved by it [ under
Part XV(A) of these rules] for this purpose.]

 

2
[(4A) The head of the testing unit referred to in condition (4) shall possess a

degree in Medicine or Science or Pharmacy or Pharmaceutical Chemistry of a
University recognized for this purpose and shall have experience in the testing of
drugs, which in the opinion of the licensing authority is considered adequate.]

 

(5) The applicant shall make adequate arrangements for the storage of drugs
manufactured by him.

 

3
[(6) The applicant shall, while applying for a licence to manufacture patent or

proprietary medicines, furnish to the Licensing Authority evidence and data justifying
that the patent or proprietary medicines

 

(i) contain the constituent ingredients in therapeutic/prophylactic quantities
as determined in relation to the claims or conditions for which the medicines
are recommended for use or claimed to be useful;

1. Subs. by G.S.R. 926 dt. 16-7-1977.

2. Ins. by G.S.R. 681(E), dt. 5-12-1980.

3. Ins. by G.S.R. 515 dt. 10-4-1976.

4. Ins. by G.S.R. 1172 dt. 23-8-1977.

91

 

 

Drugs and Cosmetics Rules 1945

(ii) are safe for use in the context of the vehicles, excipients, additives and
pharmaceutical aids used in the formulation and under the conditions in which
the formulation for administration and use are recommended;

 

(iii) are stable under the conditions of storage recommended;

 

(iv) contain such ingredients and in such quantities for which there is

therapeutic justification; and]

1
[(v) have the approval, in writing, in favour of the applicant to manufacture

drugs formulations falling under the purview of new drug as defined in Rule
122-E, from the Licensing Authority as defined in clause (b) of rule 21.]

2
[(7) The licensee shall comply with the requirements of Good Manufacturing

Practices as laid down in Schedule M.]

6
[(8) The applicant shall make application for grant of licence for a drug formulation

containing single active ingredient only in proper name.]

3
[71A. Conditions for the grant or renewal of a licence in Form 25B. Before a licence in

Form 25B is granted or renewed the following conditions shall be complied with by the
applicant :-

(1) the repacking operation shall be carried out under hygienic conditions and
under the supervision of a competent person;

4
[(2) the factory premises shall comply with the conditions prescribed in

Schedule M; and]

5
[(3) the applicant shall have adequate arrangements in his own premises for

carrying out tests for the strength, quality and purity of the drugs at a testing unit
which shall be separate from the repacking unit:]

6
[(4) The application for grant of licence for a drug formulation containing single

active ingredient shall be made only in proper name:]

Provided that the repacking units, which before the commencement of the Drugs

and Cosmetics (Second Amendment) Rules, 1977, were making arrangements with
institutions approved by the licensing authority for such tests to be carried out on their
behalf, may continue such arrangements up to the 31st July, 1977:

1. Ins. by G.S.R. 311 (E), dt. 1-5-2002.

2. Ins. by G.S.R. 735 (E), dt. 24-6-1988.

3. Ins. by No. F.1-22/59-D, dt. 9-4-1960.

4. Amended by S.O. 2139 dt. 12-8-1972.

5. Amended by G.S.R. 926 dt. 16-7-1977.

6. Ins. by G.S.R. 570 (E), dt. 7-8-2014.

92

 

 

Drugs and Cosmetics Rules 1945

Provided further that for tests requiring sophisticated instrumentation techniques
or biological or microbiological methods the licensing authority may permit such test
to be conducted by institutions approved by it under Part XV(A) of these Rules for
this purpose.]

 

Explanation.−A person who satisfies the following minimum qualifications shall

be deemed to be a ―competent person‖ for the purposes of rule 71A or 74A of these

rules, namely: −

(a) a person who holds the Diploma in Pharmacy approved by the Pharmacy

Council of India under the Pharmacy Act, 1948 (VIII of 1948) or a person who is
registered under the said Act, or

 

(b) a person who has passed the Intermediate examination with Chemistry
as one of the principal subjects or an examination equivalent to it or an
examination recognized by the Licensing Authority as equivalent to it; or

 

(c) a person who has passed the Matriculation examination or an
examination recognized by the Licensing Authority as equivalent to it and has
had not less than four years‘ practical experience in the manufacture,
dispensing or repacking of drugs.]

 

1
[71B. Conditions for the grant of renewal of a licence in Form 25A.− Before a

licence in Form 25A is granted or renewed, the applicant shall, while applying for a
licence to manufacture patent or proprietary medicines, furnish to the Licensing
Authority evidence and data justifying that the patent or proprietary medicines:-

(i) contain the constituent ingredients in therapeutic/prophylactic quantities as
determined in relation to the claims or conditions for which the medicines are
recommended for use or claimed to be useful;

 

 

(ii) are safe for use in the context of the vehicles, recipients, additives and
pharmaceutical aids used in the formulations and under conditions in which the
formulations for administration and use are recommended;

 

 

(iii) are stable under the conditions of storage recommended; and

 

(iv) contain such ingredients and in such quantities for which there is
therapeutic justification.

2
[Provided that the application for grant of a licence for a drug formulation

containing single active ingredient shall be made only in proper name.]

1. Ins. by G.S.R. 515 (E), dt. 24-3-1976.
2. Ins. by G.S.R. 570 (E), dt. 7-8-2014.

93

 

 

Drugs and Cosmetics Rules 1945

1
[72. Duration of licence.–An original licence or a renewed licence in

2
Form 25, [Form 25B or Form 25F] unless sooner suspended or cancelled shall be
3
[valid for a period of five years on and from the date on which] it is granted or

renewed:

4
[Provided that if the application for the renewal of a licence is made before its

expiry, or if the application is made within six months of its expiry, after payment of
additional fee, the licence shall continue to be in force until orders are passed on the
application and the licence shall be deemed to have expired if the application for its
renewal is not made within six months of its expiry.]

 

 

2
[73. Certificate of renewal.– The certificate of renewal of a licence in Form 25 or

Form 25F shall be issued in Form 26 or Form 26E respectively].

 

5
[73A. A certificate of renewal of loan licence.- The certificate of renewal of a

loan licence in Form 25A shall be issued in Form 26A.]

 

5
[73AA. Duration of loan licence.– An original loan licence in Form 25A or a

renewed loan licence in Form 26A, unless sooner suspended or cancelled, shall be
3
[valid for a period of five years on and from the date on which] it is granted or

renewed:]

 

6
[Provided that if the application for the renewal of a licence is made before its

expiry, or if the application is made within six months of its expiry, after payment of
additional fee, the licence shall continue to be in force until orders are passed on the
application and the licence shall be deemed to have expired if the application for its
renewal is not made within six months of its expiry.]

 

 

7
[73B. Certificate of renewal of licence in Form 25B.–The certificate of renewal

of a licence in Form 25B shall be issued in Form 26B.]

1. Subs. by Notfn. No. F.1-10/62-D, dt. 10-4-1964.

2. Subs. by G.S.R. 462 (E), dt. 22-6-1982.

3. Subs. by G.S.R. 601 (E), dt. 24-8-2001.

4. Amended by S.O. 2139 dt. 12-8-1972.

5. Amended by Notfn. No. F.1-10/62-D, dt. 10-4-1964.

6. Amended by S.O. 2139 dt. 12-8-1972.

7. Ins. by S.O. 1196, dt. 6-5-1960.

94

 

 

Drugs and Cosmetics Rules 1945

1 2
[74. Conditions of licence in Form 25.−A licence in [Form 25 and Form

25F] shall be subject to the conditions stated therein and to the following
further conditions, namely :

(a) the licensee shall provide and maintain staff, premises and the

equipment as specified in rule 71;

(b) the licensee shall comply with the provisions of the Act and of these
rules and with such further requirements, if any, as may be specified in any
rules subsequently made under Chapter IV of the Act; provided that where
such further requirements are specified in the Rules, these would come into
force, four months after publication in the Official Gazette;

 

(c) the licensee shall either in his own laboratory or in any other laboratory
4

approved by the Licensing Authority [under Part XV (A) of these rules]
test each batch or lot of the raw material used by him for the manufacture of
his products and also each batch of the final product and shall maintain records
or registers showing the particulars in respect of such tests as specified
in Schedule U. The records or registers shall be retained for a period of 5
years from the date of manufacture;

 

(d) the licensee shall keep records of the details of manufacture as per

particulars given in Schedule U of each batch of the drugs manufactured by
him and such records shall be retained for a period of five years;

3
(e) the licensee shall allow an [ Inspector appointed under the Act], to

enter, with or without prior notice, any premises and to inspect the plant and
the process of manufacture and the means employed in standardizing and
testing the drugs;

3
(f) the licensee shall allow an [ Inspector appointed under the Act] to

inspect all registers and records maintained under these rules and to take
samples of the manufactured drugs and shall supply to such Inspector such
information as he may require for the purpose of ascertaining whether the
provisions of the Act and the rules thereunder have been observed;

 

(g) the licensee shall, from time to time, report to the Licensing Authority

any changes in the expert staff responsible for the manufacture or testing of the
drugs and any material alterations in the premises or plant used for the purpose
which have been made since the date of the last inspection made on behalf
of the licensing authority;

1. Subs. by Notfn. No. F. 1-20/64-D (S.O. 3868), dt. 26-10-1968.
2. Subs. by G.S.R. 462 (E), dt. 22-6-1982.
3. Amended by G.S.R. 444 dt. 28-4-1973.
4. Ins. by G.S.R. 1172 (E), dt. 23-8-1977.

95

 

 

Drugs and Cosmetics Rules 1945

1
[ (h) the licensee shall, on request, furnish to the Licensing Authority, the

Controlling Authority or to such authorities as the Licensing Authority or the
Controlling Authority may direct from every batch, or batches of drugs as the
Licensing Authority or the Controlling Authority may from time to time
specify, a sample of such quantity as may be considered adequate by such
authority for any examination and, if so required, also furnish full protocols of
tests which have been applied;]

2

(i) if the Licensing Authority [or the Controlling Authority] so directs and
if requested by the licensee who had also furnished prima facie reasons for
such directions, the licensee shall not sell or offer for sale any batch in respect
of which a sample is or protocols are furnished under clause (h) until a
certificate authorizing the sale of the batch has been issued to him by or on

2
behalf of the Licensing Authority [or the Controlling Authority;

2

(j) the licensee shall on being informed by the Licensing Authority [or the
Controlling Authority] that any part of any batch of the drug has been found by

2
the Licensing Authority [or the Controlling Authority]not to conform with the
standards of strength, quality or purity specified in these rules and on being
directed so to do, withdraw the remainder of the batch from sale, and, so far as
may in the particular circumstances of the case be practicable, recall all issues
already made from that batch;

(k) the licensee shall maintain an Inspection Book in Form 35 to enable an

Inspector to record his impressions and the defects noticed;

1
[(l) the licensee shall maintain reference samples from each batch of the

drugs manufactured by him in a quantity which is at least twice the quantity of
the drug required to conduct all the tests performed on the batch. In case of
drugs bearing an expiry date on the label, the reference samples shall be
maintained for a period of three months beyond the date of expiry or potency.
In case of drugs where no date of expiry of potency is specified on the label,
the reference samples shall be maintained for a period of three years from the
date of manufacture;]

2
[(m) the licensee, who has been granted a licence in Form 25F, shall-

 

(i) forward to the licensing authority of the concerned States of

manufacture and supply of the drug a statement of the sales effected to
manufacturers, wholesalers, retailers, hospitals, dispensaries and nursing
homes and Registered Medical Practitioners every three months;

(ii) maintain accounts of all transactions giving details as

indicated below in a register bound and serially page numbered and such
records shall be retained for a period of five years or one year after the
expiry of potency, whichever is later:-

 

1. Subs. by G.S.R. No. 444 dt. 31-3-1973.
2. Ins. by G.S.R. No. 444 dt. 31-3-1973.
3. Ins. by G.S.R. 462 (E), dt. 22-6-1982.

96

 

 

Drugs and Cosmetics Rules 1945

A. Accounts of the drugs specified in Schedule X used for the
manufacture:

1. Date of issue.

 

2. Name of the drug.

3. Opening balance of stock on the production day.

4. Quantity received, if any, and source from where received.

5. Quantity used in manufacture.

6. Balance quantity on hand at the end of the production day.

7. Signature of the person in charge.

B. Accounts of production:

1. Date of manufacture.

2. Name of the drug.

3. Batch Number.

4. Quantity of raw material used in manufacture.

5. Anticipated yield.

6. Actual yield,

7 Wastage,

8. Quantity of the manufactured goods transferred.

C. Accounts of the manufactured drugs:

1. Date of manufacture.

2. Name of the drug.

3. Batch Number.

4. Opening Balance.

5. Quantity manufactured.

6. Quantity sold.

7. Name of the purchaser and his address.

8. Balance quantity at the end of the day.

9. Signature of the person in charge.

(n) the licensee shall store drugs specified in Schedule X in bulk form
and when any of such drug is required for manufacture in a place other than
its place of storage it shall be kept in a separate place under the direct
custody of a responsible person;]

1 2
[(o) the licensee shall comply with the requirements of [Good

Laboratory Practices as laid down in Schedule L-I and] ‗Good
Manufacturing Practices‘ as laid down in Schedule M.]

3
[(p) No advertisement of the drugs specified in Schedule H, Schedule

H1 and Schedule X shall be made except with the previous sanction of the
Central Government.]

1. Ins. by G.S.R. 735 (E), dt. 24-6-1988.
2. Ins by G.S.R. 780 (E), dt. 10-11-2008.
3. Ins by G.S.R. 289 (E), dt. 15-04-2015.

97

 

 

Drugs and Cosmetics Rules 1945

_

74A. Conditions for licence in Form 25B. A licence in Form 25B shall be
_

subject to the conditions stated therein and to the following conditions:

(a) the repacking of drugs shall at all times be conducted under the personal

supervision of at least one person who is approved as a competent person by
the Licensing Authority;

(b) the licensee shall either provide and maintain adequate arrangements in

his own premises for carrying out tests of the strength, quality and purity of the
drugs repacked or make arrangements with some institution approved by the

3
Licensing Authority [under Part XV (A) of these rules] for such tests to be
regularly carried out on his behalf by the institution;

(c) the licensee shall make adequate arrangements for the storage of drugs;

2
[(d) the licensee shall comply with the provisions of the Act and of these

rules and with such further requirements, if any, as may be specified in any
rules subsequently made under Chapter IV of the Act:

Provided that where such further requirements are specified in the Rules,

these would come into force four months after publication in the Official
Gazette.]

4

(e) the licensee shall allow any [Inspector appointed under the Act] to
enter with or without notice, any premises where the packing of drugs in
respect of which the licence is issued is carried on, to inspect the premises and
to take samples of repacked drugs;

2
[(f) the licensee shall, either in his own laboratory or, in any other laboratory

approved by the Licensing Authority, test each batch or lot of raw material
used by him for repacking and also each batch of the product thus repacked
and shall maintain records or registers showing the particulars in respect of
such tests as specified in Schedule U. The records or registers shall be
retained for a period of five years from the date of repacking. The licensee
shall allow the Inspector to inspect all registers and records maintained under
these rules and shall supply to the Inspector such information as he may require
for the purpose of ascertaining whether the provisions of the Act and these
rules have been observed;]

 

1. Ins. by G.S.R. 735 (E), dt. 24-6-1988.
2. Subs. by Notfn. No. F.1-20/64-D, dt. 26-10-1968.
3. Ins. by G.S.R. 1172 (E), dt. 23-8-1977.
4. Subs. by G.S.R. 444 (E), dt. 31-3-1973.

98

 

 

Drugs and Cosmetics Rules 1945

1
[(g) the licensee shall maintain an Inspection Book, in Form 35, to enable

an Inspector to record his impressions and the defects noticed;]

2
[(h) the licensee shall maintain reference samples from each batch of the

drugs manufactured by him in a quantity which is at least twice the quantity of

the drug required to conduct all the tests performed on the batch. In case of

drugs bearing an expiry date on the label, the reference sample shall be

maintained for a period of three months beyond the date of expiry of potency.

In case of drugs where no date of expiry of potency is specified on the label,

the reference samples shall be maintained for a period of three years from the

date of manufacture.

4
[(i) No advertisement of the drugs specified in Schedule H, Schedule H1 or

Schedule X shall be made except with the previous sanction of the Central

Government.]

3
[74B.Conditions of licence in Form 25A. (1) The licence in Form 25A

 

shall be deemed to be cancelled or suspended, if the licence owned by the

licensee in Form 25, whose manufacturing facilities have been availed of by

the licensee, is cancelled or suspended, as the case may be, under these rules.

(2) The licensee shall comply with the provisions of the Act and of these rules

and with such further requirements if any, as may be specified in any rules

subsequently made under Chapter IV of the Act; provided that where such further

requirements are specified in the rules, these would come into force four months after

publication in the Official Gazette.

(3) The licensee shall test each batch or lot of the raw material used by him for

the manufacture of his products and also each batch of the final product and shall

maintain records or registers showing the particulars in respect of such tests as

specified in Schedule U. The records or registers shall be retained for a period of five

years from the date of manufacture. The licensee shall allow an Inspector to inspect

all registers and records maintained under these rules and shall supply to the Inspector

such information as he may require for the purpose of ascertaining whether the

provisions of the Act and these rules have been observed.

1. Ins. by Notfn. No. 1-14/68-D, dt. 26-10-1968.
2. Ins. by G.S.R. 444 (E) dt. 31-3-1973 .
3. Subs. by Notfn. No. F. 1-14/68-D, dt. the 26-10-1968.
4. Ins. by G.S.R. 289 (E) dt. 15-4-2015.

99

 

 

Drugs and Cosmetics Rules 1945

(4) The licensee shall either-

(i) provide and maintain to the satisfaction of the Licensing Authority
adequate staff and adequate laboratory facilities for carrying out test of the
strength, quality and purity of the substances manufactured by him, or

 

(ii) make arrangements with some institution approved by the Licensing

7
Authority [under Part XV (A) of these rules] for such tests to be regularly
carried out on his behalf by the institution.

1
[(5) The licensee shall maintain reference samples from each batch of the drugs

manufactured by him in a quantity which is at least twice the quantity of the drug
required to conduct all the tests performed on the batch. In case of drugs bearing an
expiry date on the label the reference samples shall be maintained for a period of
three months beyond the date of expiry of potency. In case of drugs where no date of
expiry of potency is specified on the label, the reference samples shall be maintained
for a period of three years from the date of manufacture.]

2
[(6) The licensee shall maintain an Inspection Book in Form 35 to enable an

Inspector to record his impressions and the defects noticed.]

8
[(7) No advertisement of the drugs specified in Schedule H, Schedule H1 or

Schedule X shall be made except with the previous sanction of the Central
Government.]

3
[75. Form of application for licence to manufacture for sale or distribution of

4
drugs specified in Schedules C and C(1) and X [excluding those specified in Part XB

_
and Schedule X]. (1) Applications for the grant or renewal of licence to manufacture

4
for sale or distribution of drugs specified in Schedules C and C(1) [excluding those
specified in Part X-B and Schedule X], shall be made to the Licensing Authority in

5 6
Form 27 and [shall be made up to ten items for each category of drugs [referred to in
Schedule M relating to pharmaceuticals products and Schedule M-III relating to
medical devices and in-vitro diagnostics] and shall be accompanied by a licence fee
of rupees six thousand and an inspection fee of rupees one thousand and five hundred
for every inspection or for the purpose of renewal of licences:]

 

Provided that if the applicant applies for renewal of licence after its expiry but
within six months of such expiry, the fee payable for renewal of the licence shall be
5
[a licence fee of rupees six thousand plus an additional fee of rupees one thousand

per month or a part thereof in addition to an inspection fee of rupees one thousand
and five hundred.]

 

(2) Application for grant or renewal of licence to manufacture for sale or
distribution of drugs specified in Schedules C, C(1) and X shall be made to the

5
licensing authority in Form 27-B, and [shall be made up to ten items for each

6
category of drugs [referred to in Schedule M relating to pharmaceuticals products
and Schedule M-III relating to medical devices and in-vitro diagnostics] and shall
be accompanied by a licence fee of rupees six thousand and an inspection fee of
rupees one thousand five hundred for every inspection or for the purpose of renewal
of licences]:

1. Ins. by G.S.R.. No. 444, dt. 28-4-1973. 7. Subs. by G.S.R. 1172(E), dt. 23-8-1977.
2. Ins. by G.S.R. 331 (E), dt. 8-5-1984. 8. Ins. by G.S.R. 289(E), dt. 15-4-2015.
3. Subs. by G.S.R. 462 (E), dt. 22-6-1982.
4. Subs. by G.S.R. 28(E), dt. 22-1-1993.
5. Subs. by G.S.R. 601(E), dt. 24-8-2001.
6. Subs. by G.S.R. 640(E), dt. 29-6-2016.

100

 

 

Drugs and Cosmetics Rules 1945

Provided that the applicant shall possess a licence in Form 28 to manufacture
such drugs:

 

Provided further that if the application for renewal of a licence is made after its

expiry but within six months of such expiry, the fee payable for renewal of the licence
1

shall be [rupees six thousand plus an additional fee of rupees one thousand per
month or part thereof in addition to an inspection fee of rupees one thousand five
hundred.]

 

2
[(3) The application for grant or renewal of licence to manufacture for sale or for

4
distribution of drugs in [Large Volume Parenterals, Sera and Vaccine and
Recombinant DNA (r-DNA) derived drugs] shall be made to the licensing authority

1
appointed under this Part in Form 27D and [shall be made up to ten items for each
category of drugs categorized in Schedule M and shall be accompanied by a licence
fee of rupees six thousand and an inspection fee of rupees one thousand five
hundred for every inspection or for the purposes of renewal of licences:]

 

Provided that if the application for renewal of a licence is made after its expiry
1

but within six months of such expiry, the fee payable for renewal of the licence [shall
be rupees six thousand plus an additional fee of rupees one thousand per month or a
part thereof in addition to the inspection fee of rupees one thousand and five
hundred.]

 

1
[(4) A fee of rupees one thousand shall be paid for duplicate copy of the licence

issued under sub-rule (1), sub-rule (2) or sub-rule (3), as the case may be, if the
original licence is defaced, damaged or lost.

 

(5) If the licensee applies for manufacture of more than ten items of each category
of drugs, the application shall be accompanied by an additional fee at the rate of

5
rupees three hundred for each additional item of drugs [referred to in Schedule M
relating to pharmaceuticals products and Schedule M-III relating to medical devices
and in-vitro diagnostics].]

 

3
[(6) Where an application under this Rule is for the manufacture of drug

formulations falling under the purview of new drugs as defined in Rule 122-E, such
application shall also be accompanied with approval, in writing, in favour of the
applicant, from the licensing authority as defined in clause (b) of Rule 21.]]

 

1. Subs. by G.S.R. 601 (E), dt. 24-8-2001.
2. Ins. by G.S.R. 119 (E), dt. 11-3-1996.
3. Ins. by G.S.R. 311 (E), dt. 1-5-2002.
4. Subs. by G.S.R. 26 (E), dt. 19-1-2006.
5. Subs. by G.S.R. 640 (E), dt. 29-6-2016.

101

 

 

Drugs and Cosmetics Rules 1945
1
[75A. Loan licences.−(1) Applications for the grant or renewal of loan

2
[licences for the manufacture for sale or for distribution] of drugs specified in

3
Schedules C and C(1) [excluding those specified in Part X-B and Schedule X] shall

4
be made in Form 27-A to the licensing authority and [shall be made upto ten items

14
for each category of drugs [referred to in Schedule M relating to pharmaceuticals
products and Schedule M-III relating to medical devices and in-vitro diagnostics] and
shall be accompanied by a fee of rupees six thousand and an inspection fee of rupees
one thousand and five hundred for every inspection or for the purpose of renewal
of licences:]

5
[Provided that if the applicant applies for the renewal of a licence after its expiry

but within six months of such expiry the fee payable for renewal of the licence shall
4

be [rupees six thousand and an inspection of fee of rupees one thousand five hundred
plus an additional fee at the rate of rupees one thousand] per month or a part thereof.]

11

[Explanation. − For the purpose of this rule a loan licence means a licence which
a licensing authority may issue to an applicant who intends to avail the manufacturing
facilities owned by a licensee in Form 28.]

12
[(1A) The application for grant or renewal of loan license to manufacture for

sale or distribution of drugs in ‗Large Volume Parenterals‘, ‗Sera and Vaccine‘ and
‗Recombinant DNA (r-DNA) derived drugs‘ shall be made to the licensing authority
appointed under this Part, in Form 27DA and be made upto ten items for each
category of drugs categorized in Schedule M and accompanied by a license fee of six
thousand rupees and an inspection fee of one thousand five hundred rupees for every
inspection or for the purpose of renewal of licenses:

Provided that if the application for renewal of a license is made after its expiry but
within six months of such expiry, the fee payable for renewal of the license shall be
six thousand rupees plus an additional fee of one thousand rupees per month or a part
thereof in addition to the inspection fee of one thousand and five hundred rupees;]

 

(2) The licensing authority, shall, before the grant of a loan licence, satisfy
himself that the manufacturing unit has adequate equipment, staff, capacity for
manufacture and facilities for testing to undertake the manufacture on behalf of the
applicant for a loan licence.

13
[***]

4
[(3) Subject to the provisions of sub-rule (2), the application for manufacture of

more than ten items of each category of drugs on a loan license, shall be accompanied
by an additional fee at the rate of rupees three hundred for each additional item of
drugs.

(4) If the licensing authority is satisfied that a loan licence is defaced, damaged
or lost, he may, on payment of a fee of rupees one thousand, issue a duplicate copy of
loan licence.]

6
[* * * * *]

7 8
[76. [Forms of licence to manufacture drugs specified in Schedules C and C(1),

9[excluding those specified in Part XB and Schedule X], or drugs specified in
Schedules C, C(1) and X and the conditions for the grant or renewal of such

10
licences.- [A licence to manufacture for sale or for distribution of drugs specified in

 

1. Ins. by F.1-16/57-D, dt. 15-6-1957.
2. Subs. by G.S.R 788 (E), dt. 10-10-1985.
3. Subs. by G.S.R 28 (E), dt. 22-1-1993.
4. Subs. by G.S.R 601 (E), dt. 24-8-2001.
5. Amended by S.O.2139 dt. 13-8-1972.
6. Rule 75B omitted by G.S.R. 944 (E), dt. 21-9-1988.
7. Amended by F- 1- /57-D, dt. 15-6-1969.
8. Subs. by G.S.R. 462 (E), dt. 22-6-1982.
9. Subs. by G.S.R. 28 (E) , dt. 22.1.1993.
10. Subs. by G.S.R. 119 (E), dt. 11-3-1996.
11. Subs. by G.S.R. 724 (E), dt. 7-11-2013.
12. Ins. by G.S.R. 574 (E) , dt. 17.7.2012.
13. Proviso omitted by G.S.R. 574 (E) , dt. 17.7.2012.
14. Subs. by G.S.R. 640 (E), dt. 29-06-2016.

102

 

 

Drugs and Cosmetics Rules 1945

4
Schedules C and C(1) other than [Large Volume Parenterals, Sera and Vaccine

and Recombinant DNA (r-DNA) derived drugs] specified in Part X B and Schedule
X shall be issued in Form 28 and a licence to manufacture for sale or distribution of

4
drugs specified under Schedules C and C(1) (other than [Large Volume Parenterals,
Sera and Vaccine and Recombinant DNA (r-DNA) derived drugs] specified in Part
X-B) and Schedule X shall be issued in Form 28B. A licence to manufacture for

4
sale or for distribution of [Large Volume Parenterals, Sera and Vaccine and
Recombinant DNA (r-DNA) derived drugs] shall be issued in Form 28-D. Before a
licence in Form 28 or Form 28B or Form 28D is granted or renewed, the following
conditions shall be complied with by the applicant:-

(1) The manufacture will be conducted under the active direction and personal
supervision of competent technical staff consisting at least of one person who is a
whole time employee and who is

1

(a) a graduate in Pharmacy or Pharmaceutical Chemistry of [a University
established in India by law or has an equivalent qualification recognized and
notified by the Central Government for such purpose] and has had at least
eighteen months‘ practical experience after the graduation in the manufacture
of drugs to which this licence applies; this period of experience may however
be reduced by six months if the person has undergone training in manufacture
of drugs to which the licence applies for a period of six months during his
University course; or

 

1

(b) a graduate in Science of [a University established in India by law or
has an equivalent qualification recognized and notified by the Central
Government for such purpose] who for the purpose of his degree has studied

3
Chemistry [or Microbiology] as a principal subject and has had at least three
years‘ practical experience in the manufacture of drugs to which this licence
applies after his graduation; or

 

1

(c) a graduate in Medicine of [a University established in India by law or
has an equivalent qualification recognized and notified by the Central
Government for such purpose] with at least three years‘ experience in the
manufacture and pharmacological testing of biological products after his
graduation; or

 

2
[(d) a graduate in Chemical Engineering of a University recognised by the

Central Government with at least three years‘ practical experience in the
manufacture of drugs to which this licence applies after his graduation; or

(e) holding any foreign qualification the quality and content of training of
which are comparable with those prescribed in clause (a), clause (b), clause (c)
or clause (d) and is permitted to work as competent technical staff under this
Rule by the Central Government.]

 

1. Subs. by G.S.R. 71(E), dt. 30-1-1987.
2. Ins. by F.1-19/59-D, dt. 13-6-1967.
3. Ins. by G.S.R. 245(E), dt. 3-2-1976.
4. Subs. by G.S.R. 26 (E), dt. 19-1-2006.

103

 

 

Drugs and Cosmetics Rules 1945

Provided that any person who was approved by the licensing authority as an
expert responsible for the manufacture of drugs for the purpose of rule 76 read with
Rule 78 as these Rules were in force immediately before the 29th June, 1957, shall be
deemed to be qualified for the purposes of this rule:

1
[Provided that for the drugs specified in Schedules C and C(1) meant for

veterinary use, the whole time employee under whose supervision the manufacture is
conducted may be a graduate in Veterinary Science or general science or medicine or
pharmacy of a University, recognized by the Central Government and who has had at
least three years‘ experience in the manufacture of biological products:

5
[Provided also that for medical devices, the whole time employee under whose

supervision the manufacture or testing is conducted shall be—
(i) a graduate in Pharmacy or Engineering (in appropriate branch) from a

University recognised by the Central Government for such purposes and has
had at least eighteen months practical experience in the manufacturing or
testing of devices to which this licence applies after his graduation; or

(ii) a graduate in science, from a University recognised by the Central
Government for such purposes, with Physics or Chemistry or Microbiology
as one of the subject and has had at least three years practical experience in
the manufacturing or testing of devices to which this licence applies after his
graduation; or

(iii) a diploma in Pharmacy or Engineering (in appropriate branch) from a Board
or Institute recognised by the Central Government or the State Government,
as the case may be, for such purposes and has had at least four years practical
experience in the manufacturing or testing of devices to which this licence
applies after his diploma; or

(iv) having a foreign qualification, the quality and content of training of which
are comparable with those specified in clause (i), clause (ii) and clause (iii)
and is permitted to work as competent technical staff under this rule by the
Central Government.]

6
[(2) The applicant proposing to manufacture pharmaceutical products shall comply

with the provisions referred to in Schedule M.

(2A) The applicant proposing to manufacture medical devices and in-vitro
diagnostics shall comply with the quality management system as referred to in
Schedule M-III.

 

(3) The applicant shall provide adequate space, plant and equipment for
pharmaceutical products as referred to in Schedule M and for Medical devices and in-
vitro diagnostics as referred to in Schedule M-III.]

3
[(4) The applicant shall provide and maintain adequate staff, premises and

laboratory equipment for carrying out such tests of the strength, quality and purity of
the substances as may be required to be carried out by him under the provisions of
Part X of these rules including proper housing for animals used for the purposes of
such tests, the testing unit being separate from the manufacturing unit and the head of
the testing unit being independent of the head of the manufacturing unit:

Provided that the manufacturing units which before the commencement of the
4

Drugs and Cosmetics (Amendment) Rules, 1977 , were making arrangements with
institutions approved by the Licensing Authority for such tests to be carried out on
their behalf may continue such arrangements upto the 30th June, 1977 :

Provided further that for tests requiring sophisticated instrumentation techniques
or biological or microbiological methods other than sterility the Licensing Authority

2
may permit such tests to be conducted by institutions approved by it [under Part
XV (A) of these rules] for this purpose.
1. Ins. by F.1-6/62-D (SO 2889), dt. 2-7-1969.
2. Ins. by G.S.R 1172 (E), dt. 23-8-1977.
3. Sub. by G.S.R 926 (E), dt. 24-6-1977.
4. These rules came in to force on 28th May, 1977 vide G.S.R 665 (E), dt. 6-5-1977.
5. Sub. by G.S.R 690 (E), dt. 25-9-2014. Earlier Ins. by G.S.R 109 (E), dt. 22-2-1994.
6. Sub. by G.S.R 640 (E), dt. 29-6-2016.

104

 

 

Drugs and Cosmetics Rules 1945

1
[(4A) The head of the testing unit referred to in condition (4) shall possess a

degree in Medicine or Science or Pharmacy or Pharmaceutical Chemistry of a
University recognized for this purpose and shall have experience in the testing of
drugs, which in the opinion of the Licensing authority is considered adequate.]

 

(5) The applicant shall make adequate arrangements for the storage of drugs

manufactured by him.

2
[(6) The applicant shall furnish to the Licensing Authority, if required to do so,

data on the stability of drugs which are likely to deteriorate for fixing the date of
expiry which shall be printed on the labels of such drugs on the basis of the data so
furnished.]

3
[(7) The applicant shall, while applying for licence to manufacture patent or

proprietary medicines, furnish to the Licensing Authority evidence and data justifying
that the patent or proprietary medicines−

(i) contain the constituent ingredients in therapeutic/prophylactic quantities
as determined in relation to the claims or conditions for which the medicines are

recommended for use or claimed to be useful;

(ii) are safe for use in the context of the vehicles, excipients, additives and
pharmaceutical aids used in the formulations and under the conditions in which the
formulations for administration and use are recommended;

(iii) are stable under the conditions of storage recommended;

(iv) contain such ingredients and in such quantities for which there is

therapeutic justification.;] and

4
[(v) have the approval, in writing, in favour of the applicant to manufacture drug

formulations falling under the purview of new drug as defined in Rule 122E, from the
licensing authority as defined in clause (b) of rule 21.]

 

5
[(8) The licensee of pharmaceutical products shall comply with the requirements

of ‗Good Manufacturing Practices‘ as laid down in Schedule M and the licensee of
Medical Devices and in-vitro diagnostics shall comply with the requirements of
―Quality Management System‖ as laid down in Schedule M-III..]

1. Ins. by G.S.R 681 (E), dt. 5-12-1980.
2. Ins. by G.S.R 444 dt. 31-3-1973.
3. Ins. by G.S.R 515 dt. 24-3-1976.
4. Ins. by G.S.R 311 (E), dt. 1-5-2002.
5. Subs. by G.S.R 640 (E), dt. 29-06-2016. Previously Ins. by G.S.R 735 (E), dt. 24-6-1988.

105

 

 

Drugs and Cosmetics Rules 1945

1 6
[Explanation:- For the purpose of this rule, [―Large Volume Parenterals‖ sera and

vaccines and recombinant DNA (r-DNA) derived drugs,] shall mean the sterile solutions
intended for parenteral administration with a volume of 100 ml. or more (and shall include
anti-coagulant solutions) in one container of the finished dosage form intended for single
use.]

7
[(9) The applicant shall make application for grant of licence for a drug formulation
containing single active ingredient only in proper name.]

2
[76A. Forms of loan licenses to manufacture for sale or for distribution drugs

specified in Schedule C and C(1) excluding drugs specified in Schedule X or of Large
Volume Parenterals, Sera and Vaccine and recombinant DNA (r-DNA) derived drugs,
and conditions for the grant or renewal of such license.— A loan license to manufacture
for sale or for distribution of drugs specified in Schedules C and C(1), excluding drugs specified
in Schedule X, and Large Volume Parenterals, Sera and Vaccine and Recombinant DNA(r-
DNA) derived drugs specified in Part XB shall be issued in Form 28A and a loan license to
manufacture for sale or for distribution of Large Volume Parenterals, Sera and Vaccine and
Recombinant DNA (r-DNA) derived drugs shall be issued in Form 28DA, and the applicant shall,
while applying for a licence to manufacture patent or proprietary medicines, furnish to the
Licensing Authority evidence and data justifying that the patent or proprietary medicines-

(i) contain the constituent ingredients in therapeutic/prophylactic quantities as

determined in relation to the claims or conditions for which the medicines are
recommended for use or claimed to be useful;

 

(ii) are safe for use in the context of the vehicles, excipients, additives and
pharmaceutical aids used in the formulations, and under the conditions in
which the formulations for administration and use are recommended;

 

(iii) are stable under the conditions of storage recommended; and

 

(iv) contain such ingredients and in such quantities for which there is

therapeutic justification.]
7
[Provided that the application for grant of a licence for a drug formulation

containing single active ingredient shall be made only in proper name.]

3[ 4
77. Duration of licence. An original licence in [Form 28, Form 28B and

Form 28D or renewed licence in Forms 26, 26F, and Form 26H], unless sooner
5

suspended or cancelled shall be [valid for a period of five years on and from the date
on which] it is granted or renewed:

 

 

1. Ins. by G.S.R. 119 (E), dt. 11-3-1996.
2. Subs. by G.S.R. 574 (E), dt. 17-7-2012.Earlier Subs. by G.S.R. 788 (E), dt. 10-10-1985 and Subs. by G.S.R.

462 (E), dt. 22-6-1982.
3. Amended by No. G.1-10/62-D, dt. 10-4-1964.
4. Subs. by G.S.R. 119 (E), dt. 11-3-1996.
5. Subs. by G.S.R. 601 (E), dt. 24-8-2001.
6. Subs. by G.S.R. 26 (E), dt. 19-1-2006.
7. Ins. by G.S.R. 570 (E) dt. 7-8-2014.

106

 

 

Drugs and Cosmetics Rules 1945

1
[Provided that if the application for the renewal of a licence is made before its

expiry, or if the application is made within six months of its expiry after payment
of additional fee, the licence shall continue to be in force until orders are passed on
the application and the licence shall be deemed to have expired if the application for
its renewal is not made within six months of its expiry.]]

2 3
[78. Conditions of licence.−A licence in [Form 28, Form 28B or Form 28D]

shall be subject to the special conditions, if any, set out in Schedule F or
ScheduleF(1), as the case may be, which relate to the substance in respect of which
the licence is granted and to the following general conditions:−

(a) (i) The licensee shall provide and maintain an adequate staff and

adequate premises and plant for the proper manufacture and storage of the
substances in respect of which the licence is issued;

 

(ii) Without prejudice to the generality of the foregoing requirement, every
holder of a licence who for any purpose engaged in the culture or manipulation
of pathogenic spore-bearing micro-organisms shall provide to the satisfaction
of the Licensing Authority separate laboratories and utensils and apparatus
required for the culture or manipulation of such micro-organisms, the
laboratories, utensils and apparatus so provided not being used for the
manufacture of any other substance;

4
[(b) The licensee shall provide and maintain staff, premises and equipment

as specified in Rule 76;]

5
[(c)(i) The licensee shall maintain records of manufacture as per

particulars given in Schedule U;

(ii) The licensee shall either in his own laboratory or in any laboratory
6

approved by the Licensing Authority [under Part XV (A) of these rules]
test each batch or lot of the raw material used by him for the manufacture of
his product and also each batch of the final product and shall maintain records
or registers showing the particulars in respect of such tests as specified
in Schedule U. The records or registers shall be retained in the case of
a substance for which a potency date is fixed for a period of two years from
the expiry of such date, and in the case of other substances for a period of
five years from the date of manufacture;]

7

(d) The licensee shall allow an [Inspector appointed under the Act] to
enter, with or without prior notice, any premises where the manufacture is
carried on and to inspect the premises, and in the case of substances specified
in Schedules C and C(1), to inspect the plant and the process of manufacture
and the means employed for standardizing and testing the substance;]

 

 

1. Amended by S.O. 2139 dt. 12-8-1972.
2. Amended by F.1-6/62-B, dt. 2-6-1969.
3. Subs. by G.S.R. 119 (E), dt. 11-3-1996.
4. Amended by F.1-16/57-D (SO 2136), dt. 15-6-1957.
5. Amended by F.1-20/64-D (SO 3868), dt. 26-10-1968.
6. Ins. by G.S.R. 1172 (E), dt. 23-8-1977.
7. Subs. by G.S.R. 444 (E), dt. 31-3-1973.

107

 

 

Drugs and Cosmetics Rules 1945

1
(e) The licensee shall allow an [Inspector appointed under the Act] to

inspect all registers and records maintained under these Rules and to take
samples of the manufactured product and shall supply to such Inspector such
information as he may require for the purpose of ascertaining whether the
provisions of the Act and Rules thereunder have been observed;]

 

(f) The licensee shall from time to time report to the Licensing Authority
any changes in the expert staff responsible for the manufacture or testing of the
substance and any material alterations in the premises or plant used for that
purpose which have been made since the date of the last inspection made on
behalf of the Licensing Authority before the issue of the licence;

 

1
[(g) The licensee shall on request furnish to the Licensing Authority,

Controlling Authority or to such authorities as the Licensing Authority or the
Controlling Authority may direct, from every batch of drug as the Licensing
Authority or the Controlling Authority may from time to time specify, a sample
of such quantity as may be considered adequate by such Authority for any
examination and, if so required, also furnish, full protocols of the tests which
have been applied;]

2
[(h) If the Licensing Authority or the Controlling Authority so directs, the

licensee shall not sell or offer for sale any batch in respect of which a sample
is, or protocols are furnished under the last preceding sub-paragraph until a
certificate authorising the sale of the batch has been issued to him by or on
behalf of the Licensing Authority or the Controlling Authority;]

1
[(i) The licensee shall on being informed by the Licensing Authority or the

Controlling Authority that any part of any batch of the substance has been
found by the Licensing Authority or the Controlling Authority not to conform
with the standards of strength, quality or purity specified in these rules and on
being directed so to do, withdraw the remainder of that batch from sale and so
far as may in the particular circumstances of the case be practicable recall all
issues already made from that batch;]

 

(j) No drug manufactured under the licence shall be sold unless the

precautions necessary for preserving its properties have been observed
throughout the period after manufacture;

 

3
[(k) The licensee shall comply with the provisions of the Act and of these

rules and with such further requirements, if any, as may be specified in any
rules subsequently made under Chapter IV of the Act, provided that where
such further requirements are specified in the rules, these would come into
force four months after publication in the Official Gazette;]

 

1. Subs. by G.S.R 444, dt. 28-4-1973.
2. Amended by F.1-16/57-D, dt. 15-6-1957.
3. Amended by F.1-14/68-B (SO 3868), dt. 26-10-1968.

108

 

 

Drugs and Cosmetics Rules 1945

1
[(l) The licensee shall maintain an Inspection Book in Form 35 to enable an

Inspector to record his impression and defects noticed.]

2
[(m) The licensee shall maintain reference samples from each batch of the drugs

manufactured by him in a quantity which is at least twice the quantity of the drug
required to conduct all the tests performed on the batch. In case of drugs bearing an
expiry date on the label, the reference samples shall be maintained for a period of
three months beyond the date of expiry of potency. In case of drugs where no date of
expiry is specified on the label the reference samples shall be maintained for a period
of three years from the date of manufacture.]

 

3[(n) The licensee, who has been granted a license in Form 28B shall−

(i) forward to the licensing authority of the concerned States of
manufacture and supply of the drug a statement of the sales effected to
manufacturers, wholesalers, retailers, hospitals, dispensaries and Nursing
Homes and Registered Medical Practitioners every three months;

(ii) maintain accounts of all transactions giving details as indicated below
in a register bound and serially page numbered and such records shall be
retained for a period of five years or one year after the expiry of potency,
whichever is later.

 

A. Accounts of the drugs specified in Schedule X used for the manufacture:-

1. Date of issue.

2. Name of the drug.

3. Opening balance of stock on the production day.

4. Quantity received, if any, and source from where received.

5. Quantity used in manufacture.

6. Balance quantity on hand at the end of the production day.

7. Signature of the person in charge.

1. Subs. by F.1-14/68-B (SO3868), dt. 26-10-1968.
2. Ins. by G.S.R. 444, dt. 28-4-1973.
3. Ins. by G.S.R. 462 (E), dt. 22-6-1982.

109

 

 

Drugs and Cosmetics Rules 1945

B. Accounts of Production:

1. Date of manufacture.

2. Name of the drug.

3. Batch Number.

4. Quantity of raw material used in manufacture.

5. Anticipated yield.

6. Actual yield.

7 Wastage.

8. Quantity of the manufactured goods transferred.

C. Accounts of the manufactured drugs:
1. Date of manufacture.

 

2. Name of the drug.

3. Batch Number.

4. Opening Balance.

5. Quantity manufactured.

6. Quantity sold.

7. Name of the purchaser and his address.

8. Balance quantity at the end of the day.

(o) The licensee shall store drugs specified in Schedule X in bulk form

and when any of such drug is required for manufacture in a place other than its
place of storage it shall be kept in a separate place under the direct custody of a
responsible person.]

1 3
[(p) The licensee shall comply with the requirements of [‗Good

Manufacturing Practices‘ as laid down in Schedule L-1 and Good Manufacturing
Practices‘ as laid down in Schedule M.]

4
[(q) No advertisement of the drugs specified in Schedule H, Schedule H1 or

Schedule X shall be made except with the previous sanction of the Central
Government.]

2 5
[78A. Conditions of license in [Form 28A or Form 28DA]- (1) The license in

5
[Form 28A of Form 28DA] shall be deemed to be cancelled or suspended, if the

6 5
licence owned by the licensee in [ [Form 28 or Form 28D] whose manufacturing
facilities have been availed of by the licensee is cancelled or suspended, as the case
may be, under these rules.

 

1. Ins. by G.S.R. 735 (E), dt. 24-6-1998.
2. Amended by F.1-14/68-D (S.O. 3868), dt. 26-10-1968.
3. Ins. by G.S.R. 780 (E), dt. 10-9-2008.
4. Ins. by G.S.R. 289 (E), dt. 15-4-2015.
5. Subs. by G.S.R. 574 (E), dt. 17-7-2012.
6. Subs. by G.S.R. 592 (E), dt. 13-8-2008.

110

 

 

Drugs and Cosmetics Rules 1945

(2) The licensee shall comply with the provisions of the Act, and of these rules
and with such further requirements if any, as may be specified in any rules
subsequently made under Chapter IV of the Act, provided that where such further
requirements are specified in the rules, those would come into force four months after
publication in the Official Gazette.

 

(3) The licensee shall test each batch or lot of the raw material used by him for

the manufacture of his products and also each batch of the final product and shall
maintain records or registers showing the particulars in respect of such tests as
specified in Schedule U. Records or registers shall be retained, in the case of a
substance for which a potency date is fixed, for a period of two years from the expiry
of such date and in the case of other substances, for a period of five years from the
date of manufacture. The licensee shall allow an Inspector to inspect all registers and
records maintained under these rules and shall supply to the Inspector such
information as he may require for the purpose of ascertaining whether the provisions
of the Act and these rules have been observed.

 

(4) The licensee shall either (i) provide and maintain to the satisfaction of the

Licensing Authority adequate staff and adequate laboratory facilities for carrying out
tests of the strength, quality and purity of the substances manufactured by him, or (ii)
make arrangements with some institution approved by the Licensing Authority for
such tests to be regularly carried out on his behalf by the institution.]

1
[(5) The licensee shall furnish to the Licensing Authority, if required to do so,

data on the stability of drugs which are likely to deteriorate for fixing the date of
expiry which would be printed on the labels of such drugs on the basis of the data so
furnished.]

2
[(6) The licensee shall maintain reference samples from each batch of the drug

manufactured by him in a quantity which is at least twice the quantity of the drug
required to conduct all the tests performed on the batch. In case of drugs bearing an
expiry date on the labels, the reference samples shall be maintained for a period of
three months beyond the date of expiry of potency. In case of drugs where no date of
expiry of potency is specified on the label, the reference samples shall be maintained
for a period of three years from the date of manufacture.]

3
[(7) The licensee shall maintain an Inspection Book in Form 35 to enable an

Inspector to record his impressions and the defects noticed.]

4
[(8) No advertisement of the drugs specified in Schedule H, Schedule H1 or

Schedule X shall be made except with the previous sanction of the Central
Government.

5
[79. Inspection before grant or renewal of licence.−Before a licence under

1. Ins. by G.S.R. 444, dt. 28-4-1973.
2. Subs. by G.S.R. 574 (E), dt. 17-7-2012.
3. Ins. by G.S.R. 331 (E), dt. 8-5-1984.
4. Ins. by G.S.R. 289 (E), dt. 15-4-2015.
5. Subs. by G.S.R. 923 (E), dt. 14-12-1992.

111

 

 

Drugs and Cosmetics Rules 1945

this Part is granted or renewed the Licensing Authority or Central Licence Approving
Authority, as the case may be, shall cause the establishment in which the
manufacture is proposed to be conducted or being conducted to be inspected by one
or more Inspectors appointed under this Act with or without an expert in the
concerned field. The Inspector or Inspectors shall examine all portions of the
premises, plant and appliances and also inspect the process of manufacture intended
to be employed or being employed along with the means to be employed or being
employed for standardizing and testing the drugs to be manufactured or being
manufactured and enquire into the professional qualifications of the technical staff to
be employed. He shall also examine and verify the statements made in the application
in regard to their correctness, and the capability of the applicant to comply with the
requirements of competent technical staff, manufacturing plants, testing equipments
and the ‗Requirements of Good Manufacturing Practices‘ and the ‗Requirements of
Plant and Equipment‘ as laid down in Schedule M read with the Requirements of
Maintenance of Records as laid down in Schedule U.]

1
[80. Report by Inspector.−The Inspector shall forward a detailed descriptive

report giving his findings on each aspect of inspection along with his

recommendations after completion of his inspection in accordance with the provisions
of Rule 79, to the Licensing Authority or Central Licence Approving Authority, as
the case may be.]

5

81. Procedure of Licensing Authority.−(1) If the Licensing Authority [or
Central Licence Approving Authority, as the case may be,] after such further enquiry,
if any, as he may consider necessary, is satisfied that the requirements of the Rules
under the Act have been complied with and that the conditions of the licence and the

2
Rules under the Act will be observed, he [shall issue a licence under this Part].

5
(2) If the Licensing Authority [or Central Licence Approving Authority, as the

case may be,] is not so satisfied, he shall reject the application and shall inform the
applicant of the reasons for such rejection and of the conditions which must be
satisfied before a licence can be granted and shall supply the applicant with a copy of
the inspection report.

3
[82. Further application after rejection. −If within a period of six months from

the rejection of an application for a licence the applicant informs the Licensing
5

Authority [or Central Licence Approving Authority, as the case may be,] that the
4

conditions laid down have been satisfied and deposits an inspection [fee of rupees
5

two hundred and fifty] the Licensing Authority [or Central Licence Approving
Authority, as the case may be,] may, if after causing a further inspection to be made,
he is satisfied that the conditions for the grant of a licence have been complied with,
5 2
[in respect of drugs notified under Rule 68-A] issue a licence in Form 28 [or Form

28-B].

1. Subs. by G.S.R. 923 (E), dt. 14-12-1992.
2. Ins. by G.S.R. 462 (E), dt. 22-6-1982.
3. Ins. by F.1-16/57-D, dt. 15-6-1957.
4. Subs. by G.S.R. 601 (E), dt. 24-8-2001.
5. Ins. by G.S.R. 923 (E), dt. 14-12-1992.

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Drugs and Cosmetics Rules 1945

83. Renewal.−On application being made for renewal, the licensing authority
may cause an inspection to be made and, if satisfied that the condition of the licence

1
and the Rules under the Act are, and will continue to be observed, [he shall prepare a
report to that effect in respect of those drugs which have been notified by the Central
Government under Rule 68-A and forward it along with the application to the Central

3
Licence Approving Authority], and shall issue a certificate of renewal [under this
Part].

 

3
[83-A. Certificate of renewal of a loan licence.−The certificate of renewal of a

8
loan licence in [Form 28A or Form 28DA] shall be issued in Form 26A or Form 26J
respectively.]

4 8
[83-AA. Duration of loan licence.−An original loan licence in [Form 28A or

8
Form 28DA] or a renewed loan licence in [Form 26A or Form J], unless sooner

5
suspended or cancelled, shall be [valid for a period of five years on and from the
date on which] it is granted or renewed:

 

6
[Provided that if the application for the renewal of a licence is made before its

expiry, or if the application is made within six months of its expiry, after payment of
the additional fee, the licence shall continue to be in force until orders are passed on
the application and the licence shall be deemed to have expired if the application for
its renewal is not made within six months of its expiry].]

 

84. The provisions of this Part shall apply to the manufacture of drugs for sale
notwithstanding that such drugs are manufactured for sale outside India.

 

7 6
[ [84-A. Provision for appeal to the State Government or Central Government

by party whose licence has not been granted or renewed.−
Any person who is aggrieved by the order passed by the Licensing Authority or the

2
Central Licence Approving Authority, as the case may be, refusing to [grant or renew
a licence under this Part], may within thirty days from the date of receipt of such
order, appeal to the State Government or Central Government, as the case may
be, and the State Government or the Central Government may, after such enquiry
into the matter,] as is considered necessary and after giving the said person an
opportunity for representing his views, may pass such order in relation thereto as it
thinks fit.]

 

1. Ins. by G.S.R. 923 (E), dt. 14-12-1992.
2. Subs. by G.S.R. 119 (E), dt. 11-3-1996..
3. Ins. by F1-16/57-B, dt. 15-6-1957.
4. Ins. by Notfn. No. F. 1-10/62-D, dt. 10-4-1964.
5. Subs. by G.S.R. 601 (E), dt. 24-8-2001.
6. Subs. by S.O. 2139, dt. 12-8-1972.
7. Subs. by G.S.R. 923 (E), dt. 14-12-1992 as corrected by G.S.R. 373 (E), dt. 13-4-1993.
8. Subs. by G.S.R. 574 (E), dt. 17-5-2012.

 

113

 

 

Drugs and Cosmetics Rules 1945

6
[84AA. Additional information to be furnished by an applicant for licence or a

licensee to the licensing authority. The applicant for the grant of a licence or any
person granted a licence under this Part shall, on demand, furnish to the Licensing
Authority, before the grant of the licence or during the period the licence is in force,
as the case may be, documentary evidence in respect of the ownership or occupation
on rental or other basis of the premises, specified in the application for licence or in
the licence granted, constitution of the firm or any other relevant matter which may
be required for the purpose of verifying the correctness of the statements made by the
applicant or the licensee, while applying for or after obtaining the licence, as the case
may be.]

1
[84B. Prohibition for the manufacture for sale of cyclamates and preparations

containing cyclamates. No person shall manufacture for sale cyclamates and
preparations containing cyclamates.]

2
[85. Cancellation and suspension of licences. (1) The Central Licence

Approving Authority may, after giving the licensee an opportunity to show cause why
such an order should not be passed, by an order in writing stating the reasons therefor,
cancel a licence issued under this Part, or suspend it for such period as he thinks fit

3
either wholly or in respect of any of the drugs to which it relates [or direct the

4
licensee to stop manufacture, sale or distribution of the said drugs and [thereupon
order the destruction of drugs and] the stock thereof in the presence of an Inspector],
if in his opinion, the licensee has failed to comply with any of the conditions of the
licencee or with any provisions of the Act or rules made thereunder.

 

(2) The Licensing Authority may, for such licences granted or renewed by him,

after giving the licensee an opportunity to show cause why such an order should not
be passed, by an order in writing stating the reasons therefor, cancel a licence issued
under this Part or suspend it for such period as he thinks fit, either wholly or in

3
respect of some of the substances to which it relates, [or direct the licensee to stop

4
manufacture, sale or distribution of the said drugs and [thereupon order the
destruction of drugs and] the stock thereof in the presence of an Inspector] if, in his
opinion, the licensee has failed to comply with any of the conditions of the licence or
with any provisions of the Act or rules made thereunder.]

5
[(3) A licensee whose licence has been suspended or cancelled by the Central

Licence Approving Authority or Licensing Authority under sub-rule (1) or sub-rule
(2), as the case may be, may within ninety days of the receipt of a copy of the order
by him prefer an appeal to the Central Government or the State Government, as the
case may be, and the Central Government or the State Government may after giving
the licensee an opportunity of being heard, confirm, reverse or modify such order.]

1. Ins. by S.O.2358, dt. 26-8-1972.
2. Subs. by G.S.R. 923 (E), dt. 14-12-1992 as corrected by G.S.R. 373 (E), dt. 13-4-1993.
3. Ins. by G.S.R. 20 (E), dt. 11-1-1996.
4. Ins. by (Corrigenda) G.S.R. 514 (E), dated 5.11.1996.
5. Ins. by 615 (E), dt. 9-8-1994 as corrected by G.S.R. 55 (E), dt. 7-2-1995.
6. Ins. by S.O. 2139, dt. 5-6-1972.

114

 

 

Drugs and Cosmetics Rules 1945

1
[PART VIIA

2
[MANUFACTURE FOR SALE OR FOR DISTRIBUTION]

OF HOMOEOPATHIC MEDICINES

85A . Manufacture on more than one set of premises. If Homoeopathic

medicines are manufactured in more than one set of premises a separate application

shall be made and a separate licence shall be obtained in respect of each such set of

premises.

85B. Application for licence to manufacture Homoeopathic medicines. (1)

2
Application for grant or renewal of [licence to manufacture for sale or for

distribution] of Homoeopathic medicines shall be made to the Licensing Authority

appointed by the State Government for the purpose of this Part (hereinafter in this

Part referred to as the Licensing Authority) and shall be made in Form 24-C.

3
[(2) The application in Form 24-C shall be accompanied–

4
(a) by a fee of [rupees two hundred] for the manufacture of

Homoeopathic mother tinctures and potentised preparations and an inspection
4 4

fee of [rupees one hundred] for the first inspection or [rupees fifty] in case of

inspection for renewal of licence;

4

(b) by a fee of [rupees two hundred] for the manufacture of Homoeopathic
4

potentised preparations only, and an inspection fee of [rupees one hundred] for
4

the first inspection or [rupees fifty] in case of inspection for renewal of

licence;

4

(c) by a fee of [rupees two hundred] for the manufacture of potentised

preparations from back potencies by pharmacies which are already licensed to
4

sell Homoeopathic medicines by retail and an inspection fee of [rupees one
4

hundred] for the first inspection or [rupees fifty] in case of inspection for

renewal of licence.

1. Ins. under G.S.R. 1185 (E), dt. 18-8-1964.
2. Sub. by G.S.R. 788 (E), dt. 10-10-1985.
3. Sub. by G.S.R. 245, dt. 11-2-1976.
4. Subs. by G.S.R. 601 (E), dt. 24-8-2001.

115

 

 

Drugs and Cosmetics Rules 1945

1
[(3) If a person applies for renewal of a licence after its expiry but within six

_
months of such expiry, the fee payable for the renewal of such a licence shall be

 

2 2

(a) [rupees two hundred] plus an additional fee at the rate of [rupees
2

one hundred] per month or part thereof and an inspection fee of [rupees fifty]
for the manufacture of Homoeopathic mother tinctures and potentised
preparations;

4 2 2
[(b) [rupees two hundred] plus an additional fee at the rate of [rupees

2
one hundred] per month or part thereof and an inspection fee of [rupees fifty]
for the manufacture of Homoeopathic potentised preparations only;]

2 2
(c) [rupees two hundred] plus an additional fee at the rate of [rupees one

2
hundred] per month or part thereof and an inspection fee of [rupees fifty] for
the manufacture of Homoeopathic mother tinctures and potentised preparations
from back potencies by pharmacies who are already licensed to sell
Homoeopathic medicines by retail.]

2
(4) A fee of [rupees fifty] shall be paid for a duplicate copy of the licence for the

manufacture of Homoeopathic mother tinctures and potentised preparations issued
under sub-rule (1) if the original is defaced, damaged or lost, while the fee to be paid
for such a duplicate copy of the licence for the manufacture of Homoeopathic

2
potentised preparations only shall be [rupees fifty].

3
[(5) Applications by licensee to manufacture additional items of Homoeopathic

medicines shall be made to the Licensing Authority and such applications shall be
2

accompanied by a fee of [rupees fifty] for each additional item.]

85C. Application to manufacture ‗New Homoeopathic medicines.‘ Subject to
the other provisions of these Rules

(1) no ‗New Homoeopathic medicine‘ shall be manufactured unless it is
previously approved by the Licensing Authority mentioned in Rule 21;

 

(2) the manufacturer of ‗New Homoeopathic medicine‘, when applying

to the Licensing Authority mentioned in sub-rule (1) shall produce such
documentary and other evidence as may be required by the Licensing Authority
for assessing the therapeutic efficacy of the medicine including the minimum
provings carried out with it.

 

1. Subs. by G.S.R. 245, dt. 3-2-1976.
2. Subs. by G.S.R. 601 (E), dt. 24-8-2001.

3. Ins. by G.S.R. 13 (E), dt. 7-1-1983.

4. Subs. by G.S.R. 779 (E), dt. 18-7-1980.

116

 

 

Drugs and Cosmetics Rules 1945

(3) While applying for a licence to manufacture a ‗New Homoeopathic
medicine‘ an applicant shall produce along with his application evidence that the
‗New Homoeopathic medicine‘ for the manufacture of which application is made has
already been approved.

 

Explanation.−The term ‗New Homoeopathic medicine‘ in this rule shall have the

same meaning as in rule 30AA.

1
[85D. Form of licence to manufacture Homoeopathic medicines.—Licence for

manufacture of Homoeopathic medicines is a licence to manufacture potentised
preparations from back potencies by Pharmacies who are already licensed to sell
Homoeopathic medicines by retail and shall be granted in Form 25C.]

 

85E. Conditions for the grant or renewal of a licence in Form 25C−Before a

licence in Form 25C is granted or renewed the following conditions shall be complied
with by the applicant:—

 

(1) The manufacture of Homoeopathic medicines shall be conducted under the
direction and supervision of competent technical staff consisting at least of one

2
person who is a whole time employee [and who is—

 

(a) a graduate in Science with Chemistry as one of the subjects with three

years‘ experience in manufacture of Homoeopathic Medicines; or

(b) a graduate in Pharmacy with 18 months of experience in the manufacture

of Homoeopathic medicines; or

(c) holds qualification as defined under sub-clause (g) of clause (1) of

section 2 of Homoeopathy Central Council Act, 1973 (59 of 1973) with 18
months of experience in the manufacture of Homoeopathic medicines:

 

Provided that the persons who are already in employment with five years‘

experience in the manufacture of Homoeopathic medicines and whose name
was accordingly entered in any licence granted in Form 25C for manufacture of
different classes of Homoeopathic medicines included in them shall be deemed
to be qualified for the purpose of this rule.]

3
[(2) The factory premises shall comply with the requirements and

conditions specified in Schedule M-I:

1. Amended by F.1-59/68-D (SO 4816), dt. 19-11-1969.
2. Subs. by G.S.R. 812 (E), dt. 14-11-1994 as corrected by G.S.R. 517 (E), dt. 26-6-1995.
3. Subs. by G.S.R. 570 (E), dt. 12-6-1987.

117

 

 

Drugs and Cosmetics Rules 1945

Provided that where the Licensing Authority considers it necessary or
expedient so to do, it may having regard to the nature and extent of
manufacturing operations, relax or suitably alter the said requirements or
conditions in any particular case for reasons to be recorded in writing.]

 

(3) The applicant for manufacture of Homoeopathic mother tinctures shall

either (i) provide and maintain adequate staff, premises and laboratory
equipment for identifying the raw materials and for testing the mother tinctures
wherever possible, or (ii) make arrangements with some institution approved

2
by the Licensing Authority [under Part XV(A) of these rules] for such tests,
wherever possible, to be regularly carried out on his behalf by that institution.

 

(4) The premises where Homoeopathic medicines are manufactured shall be

distinct and separate from the premises used for residential purposes.

(5) Homoeopathic medicines shall not be manufactured simultaneously with

drugs pertaining to other systems of medicine.

(6) The applicant shall make arrangements for proper storage of

Homoeopathic medicines manufactured by him:

1
[Provided that in case potentised preparations are made in a Pharmacy holding

licence in Form 20-C, the conditions (2) and (3) shall not apply. The licensee shall
ensure to the satisfaction of the Licensing Authority that the products manufactured
by it, conform to the claims made on the label.]

3
[85-EA. Inspection before grant or renewal of licence.– Before a licence under

this Part is granted or renewed in Form 25C or Form 26C, the Licensing Authority
shall cause the establishment, in which the manufacture is proposed, to be conducted
or being conducted, to be inspected by one or more Inspectors shall examine all
portions of the premises, plant and appliances and also inspect the process of
manufacture intended to be employed or being employed along with the means to be
employed or being employed for standardizing and testing the substances to be
manufactured and inquire into the professional qualifications of the technical staff to
be employed. He shall also examine and verify the statements made in the application
in regard to their correctness, and the capability of the applicant to comply with the
requirements of competent technical staff, manufacturing plants, testing equipments
and the requirements of plant and equipment as laid down in Part I of Schedule M
read with the requirements of maintenance of records as laid down in Schedule U.

 

1. Amended by F.1-59/68-D (SO 4816), dt. 19-11-1969.
2. Ins. by G.S.R. 1172 (E), dt. 23-8-1977.
3. Ins. by G.S.R. 493 (E), dt. 9-6-1995.

118

 

 

Drugs and Cosmetics Rules 1945

85EB. Report by Inspector.–The Inspector or Inspectors shall forward a detailed
descriptive report giving his or their findings on each aspect of inspection along with
his or their recommendations after completion of his or their inspection to the
Licensing Authority.

 

85EC. Grant or refusal of licence.– (1) If the Licensing Authority after such

further enquiry, if any, as he may consider necessary is satisfied that the requirements
of the rules under the Act have been complied with and that conditions of the licence
and the rules under the Act shall be observed, he shall grant or renew a licence in
Form 25C or Form 26C.

 

(2) If the Licensing Authority is not so satisfied, he shall reject the application

and shall inform the applicant of the reasons for such rejection and of the conditions
which must be satisfied before a licence can be granted or renewed and shall supply
the applicant with a copy of inspection report.]

 

85ED. Further application after rejection. .–If within a period of six months
from the rejection of an application for a licence, the applicant informs the Licensing
Authority that the conditions laid down have been fulfilled and deposits an inspection

1
fee of [rupees two hundred and fifty], the Licensing Authority may, if, after causing
further inspection to be made, he is satisfied that the conditions for the grant of
licence have been complied with, issue a licence in Form 25C or Form 26C.

 

85EE. Appeal to the State Government.–Any person who is aggrieved by the

order passed by the Licensing Authority refusing to grant or renew a licence under
this Part may within ninety days from the date of receipt of such order, appeal to the
State Government and the State Government may, after such enquiry into the matter
as is considered necessary and after giving the said person an opportunity for
representing the case, pass such order as it thinks fit.]

 

85F. Duration of licence.–An original licence or a renewed licence unless it is
1

sooner suspended or cancelled shall be [valid for a period of five years on and from
the date on which] it is granted or renewed:

2
[Provided that if the application for renewal of a licence in force is made before

its expiry or if the application is made within six months of its expiry, after payment
of additional fee, the licence shall continue to be in force until orders are passed on
the application and the licence shall be deemed to have expired if application for its
renewal is not made within six months of its expiry.]

85G. Certificate of renewal.–The certificate of renewal of a licence in Form 25-C
shall be issued in Form 26-C.

1. Subs. by G.S.R. 601 (E), dt. 24-8-2001.

2. Subs. by S.O. 2139, dt. 12-8-1972.

119

 

 

Drugs and Cosmetics Rules 1945

85H. Conditions of licence.–A licence in Form 25-C shall be subject to the
conditions stated therein and to the following further conditions, namely :

 

(a) the licensee shall provide and maintain staff and premises as specified in

Rule 85-E;

1

(b) the licensee shall allow an [Inspector appointed under the Act] to enter,
with or without prior notice, any premises where the manufacture of a
Homoeopathic medicine in respect of which the licence is issued is carried on, to
inspect the premises and to take samples of the manufactured Homoeopathic
medicines;

(c) the licensee shall allow an Inspector to inspect all registers and records
maintained under these rules and shall supply to the Inspector such information
as he may require for the purpose of ascertaining whether the provisions of the
Act and the rules made thereunder have been observed;

 

2
[(d) the licensee shall maintain an Inspection Book in Form 35 to enable an

Inspector to record his impressions and defects noticed;]

(e) the licensee shall comply with the following conditions in respect of
_

mother tinctures manufactured by him

(i) the crude drug used in the manufacture of the mother tincture shall be
3

identified and records of such identification shall be kept [for a period of
five years];

(ii) the total solids in the mother tincture shall be determined and
3

records of such tests shall be kept [for a period of five years];

(iii) the alcohol content in the mother tincture shall be determined and
3

records of the same shall be maintained [for a period of five years];

(iv) the containers of mother tinctures shall preferably be of glass and
shall be clean and free from any sort of impurities or adhering matter. The
glass shall be neutral as far as possible;

(v) in the process of manufacture of mother tinctures hygienic
conditions shall be scrupulously observed by the licensee. Storage and
handling conditions shall also be properly observed by the licensee according
to Homoeopathic principles;

 

1. Amended by G. S. R. 444, dt. 28-4-1973.

2. Amended by F-1-14/ 68-D, dt. 26-10-1968.

3. Ins. by G.S.R. 13(E), dt. 7-1-1983.

120

 

 

Drugs and Cosmetics Rules 1945

1
[(ea) no colour shall be added to any Homoeopathic medicines :

 

Provided that caramel may be added to combination of Homoeopathic
preparations with syrup base;]

(f) records shall be maintained of Homoeopathic medicines containing
alcohol and the quantities sold together with names and addresses of parties to

2
whom sold. [Such records shall be maintained for a period of five years.]

 

3
[85HH. Additional information to be furnished by an applicant for the licence or a

licensee to the Licensing Authority.–The applicant for the grant of licence or any
other person granted a licence under this Part shall, on demand, furnish to the
Licensing Authority, before the grant of the licence or during the period the licence is
in force, as the case may be, documentary evidence in respect of the ownership or
occupation in rental or other basis of the premises, specified in the application for
licence or in the licence granted, constitution of the firm or any other relevant matters
which may be required for the purpose of verifying the correctness of the statements
made by the applicant or the licensee, while applying for or after obtaining the
licence, as the case may be.]

85-I. Cancellation and suspension of licences.– (1) The Licensing Autority may,
after giving the licensee an opportunity to show cause why such an order should not
be passed, by an order in writing stating the reasons therefor, cancel a licence issued
under this Part or suspend it for such period as he thinks fit, either wholly or in respect
of some of the substances to which it relates if, in his opinion, the licensee has failed
to comply with any of the conditions of the licence or with any provisions of the Act
or Rules made thereunder.

4
[(2) A licensee whose licence has been suspended or cancelled may, within three

months of the date of the order under sub-rule (1), prefer an appeal against that order
to the State Government, which shall decide the same.]

PART VIII

MANUFACTURE FOR EXAMINATION, TEST OR ANALYSIS

86. Conditions relating to manufacture for examination, test or analysis.–The
provisions of Section 18 of the Act shall not apply to the manufacture of any drug in
small quantities for the purpose of examination, test or analysis if the conditions
prescribed in this Part are fulfilled.

87. Labelling.–Any drug manufactured for the purpose of examination, test or
analysis shall be kept in containers bearing labels indicating the purpose for which it
has been manufactured.

 

88. Labelling of drugs supplied to other persons.–If any drug manufactured for
the purpose of examination, test or analysis is supplied by the manufacturer to any
other person, the container shall bear a label on which shall be stated the name and
address of the manufacturer, the accepted scientific name of the substance if known,
or if not known a reference which will enable the substance to be identified and the
purpose for which it has been manufactured.

1. Ins. by G.S.R. 680 (E), dt. 5-12-1980.
2. Ins. by G.S.R. 13 (E), dt. 7-1-1983.
3. Ins. by S. O. 2139, dt. 12-8-1972.
4. Subs. G.S.R. 926, dt. 16-7-1977.

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89. Licence.–If the person proposing to manufacture a drug for the purpose of
examination, test or analysis does not hold a licence in Form 25 or Form 28 in respect
of such drugs he shall, before commencing such manufacture, obtain a licence in
Form 29:

1
[Provided that in the case of a drug the composition of which is such that the drug

is not generally recognized among experts qualified by scientific training and
experience to evaluate the safety of drugs as safe for use, no licence in Form 29 shall
be granted unless the applicant produces a certificate from the ―Licensing Authority‖
mentioned in Rule 21, to the effect that there would be no objection to such licence
being granted.

2

90. Form of application.– [(1)] An application for a licence in Form 29 shall
be made to the Licensing Authority appointed by the State Government for the
purpose of this Part (hereafter in this Part referred to as the Licensing Authority) in
Form 30 and shall be made by or countersigned by the head of the institution in
which, or a director of the firm or company by which, the substance will be
manufactured.

4 3
[(2) Every application in Form 29 shall be accompanied by a fee of [rupees two

hundred fifty].

91. Duration of licence.–A licence in Form 29 shall, unless sooner cancelled, be
in force for a period of one year from the date of issue, and may thereafter be renewed
for periods of one year at a time.

 

92. Conditions of licence. −A licence in Form 29 shall be subject to the following
conditions

(a) the licensee shall use the drugs manufactured under the licence
exclusively for purpose of examination, test or analysis, and shall carry on the
manufacture and examination, test or analysis at the place specified in the
licence;

3
(b) the licensee shall allow any [inspector appointed under the Act]

to enter, with or without notice, the premises where the drugs are manufactured
and to satisfy himself that only examination, test or analysis work is being
conducted;

(c) the licensee shall keep a record of the quantity of drugs manufactured
for examination, test or analysis and of any person or persons to whom the
drugs have been supplied;

 

(d) the licensee shall comply with such further requirements, if any,
applicable to the holders of licences in Form 29 as may be specified in any
rules subsequently made under the Act and of which the Licensing Authority
has given him not less than one month‘s notice;

(e) the licensee shall maintain an Inspection Book to enable an Inspector to
record his impressions and defects noticed.

93. Cancellation of licences.-

(1) The Licensing Authority may after giving the licensee an opportunity to show
cause why such an order should not be passed, by an order in writing stating the
reasons therefor, cancel a licence issued under this Part, either wholly or in respect of
some of the substances to which it relates, if, in his opinion, the licensee has failed to
comply with any of the conditions of the licence or with any provision of the Act or
Rules thereunder

1. Ins. under F. 1-19/59-D (SO 1449), dt. 13-6-1961.

2. Re-numbered by S.O. 903, dt. 28-2-1976.

3. Subs. by G.S.R. by 444, dt. 31.3.1973.

4. Ins. by S.O 903, dt. 28-2-1976.

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1
[(2) A licensee whose licence has been suspended or cancelled may appeal to the

State Government within three months of the date of the order.]

PART IX
LABELLING AND PACKING OF DRUGS OTHER THAN

HOMOEOPATHIC MEDICINES
94. Exemption of certain drugs from certain provisions of this Part.— (1) Labels

on packages or containers of drugs for export shall be adapted to meet the specific
requirements of the law of the country to which the drug is to be exported but the
following particulars shall appear in a conspicuous position on the innermost
container in which the drug is packed and every other covering in which that
container is packed:

(a) name of the drug;
(b) the name, address of the manufacturer and the number of the licence under

which the drug has been manufactured;
(c) batch or lot number;
(d) date of expiry, if any:

2
[Provided that where a drug, not classified under Schedule F, Schedule F(1) and

5
Schedule X, [or blood products defined under rule 122EA] is required by the
consignee to be not labelled with the name and address of the manufacturer, the labels
on packages or containers shall bear a code number as approved by the Licensing
Authority mentioned in Rule 21.]

4
[Provided further that where a drug classified as Narcotic Drug or Psychotropic
Substance is to be exported under a code number, the same may be permitted by the
said licensing authority on the following conditions, namely:-

(i) Each consignment of export shall be accompanied with requisite import license from
the importing country;

(ii) The applicant shall obtain a no objection certificate from the Drugs Controller, India for
manufacture of such formulations to be exported with code number against each export
order along with certificate from the regulatory authority of the importing country
controlling Narotic Drugs and Psychotropic Substances that they do not have any
objection for the import of the drug with code number;

(iii) The State Licensing Authority shall issue the manufacturing license for these
formulations on each export order on the basis of a No Objection Certificate from Drugs
Controller, India;

(iv) A no objection certificate shall be obtained from the drugs Controller, India for export
of each consignment; and

(v) A no objection certificate shall be obtained from the Narcotic Commissioner of India,
Gwalior for export of each consignment of the drug.]

3
[(2) The provisions of Rules 96 to 101 inclusive, shall not apply to a medicine

made up ready for treatment, whether after or without dilution, which is supplied on
the prescription of a registered practitioner provided that:

(i) the medicine is labelled with the following particulars : –

(a) the name and address of the supplier;

(b) the name of the patient and the quantity of the medicine;

(c) the number representing serial number of the entry in the prescription
register;

1. Subs. by F.1-10/68-D (S.O 2482), dt. 17-6-1969.
2. Ins. by G.S.R. 676 (E), dt. 2-6-1988.
3. Subs. by F.1-19/59-D, dt. 13-6-1961.
4. Ins. by G.S.R. 592 (E), dt. 13-8-2008.
5. Subs. by 592 (E), dt. 13-8-2008.

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Drugs and Cosmetics Rules 1945

(d) the dose, if the medicine is for internal use;

1
[(e) the words ―FOR EXTERNEL USE ONLY‖ shall be printed on the

label if the medicine is for external application].

(ii) Condition (3) of the conditions in Rule 65 is satisfied.]

95. Prohibition of sale or distribution unless labelled.—Subject to the other
provisions of these Rules, no person shall sell or distribute any drug (including a
patent or proprietary medicine) unless it is labelled in accordance with these Rules.

2
[96. Manner of Labelling .— (1) Subject to the other provisions of these Rules,

the following particulars shall be either printed or written in indelible ink and shall
appear in a conspicuous manner on the label of the innermost container of any drug
and on every other covering in which the container is packed, namely :—

(i) the name of the drug−

3
[(A) for this purpose, the proper name of the drug shall be printed or

written in a more conspicuous manner than the trade name, if any, which
shall be shown immediately after or under the proper name and shall be]—

(a) for drugs included in the Schedule F or Schedule F (1), the name

given therein;

(b) for drugs included in the Indian Pharmacopoeia or the official
pharmacopoeias and official compendia of drug standards prescribed in
Rule 124, the name or synonym specified in the respective official
pharmacopoeias and official compendia of drug standards followed by
the letters ‗I.P., or, as the case may be, by the recognized abbreviations
of the respective official pharmacopoeias and official compendia of drug
standards;

(c) for drugs included in the National Formulary of India, the name

or synonym specified therein followed by the letters ‗N.F.I.‘;

(d) for other drugs, the international non-proprietary name, if any,
published by the World Health Organisation or where an international
non-proprietary name is not published, the name descriptive of the true
nature or origin of the substance;

4
[* * * * *]

(ii) A correct statement of the net content in terms of weight, measure,

volume, number of units of contents, number of units of activity, as the case may
be, and the weight, measure and volume shall be expressed in Metric system.

1. Subs. by G.S.R. 462 (E), dt. 22-6-1982.
2 Amended under G.S.R.19, dt. 15-12-1977.
3. Subs. by G.S.R. 27(E), dt. 17-1-1981.
4. Sub-clause (B) omitted by G.S.R. 94 (E), dt. 8-2-2000. Earlier ins. by G.S.R. 27 (F), dt.-1-1981.

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(iii) The content of active ingredients−
This shall be expressed−

(a) for oral liquid preparations in terms of the content per single
1

dose, being indicated in 5 millilitres [** *]:
Provided that where the dose is below 5 millilitres the contents of

2
active ingredients may be expressed in terms of 1 millilitre; [or fraction
thereof:]

3
[Provided further that where the single dose is more than 5

millilitres, the content of active ingredients shall be expressed in terms
of minimum single dose as approved by the licensing authority;]

(b) for liquid parenteral preparations ready for administration in
terms of 1 millilitre or percentage by volume or per dose in the case of
single dose container :

Provided that if the preparation is contained in an ampoule it will be enough
if the composition is shown on the label or wrapper affixed to any package in
which such ampoule is issued for sale;

 

(c) for drugs in solid form intended for parenteral administration, in terms of
units or weight per milligram or gram;

 

(d) for tablets, capsules, pills and the like, in terms of the content in each
tablet, capsule, pill or other unit, as the case may be;

 

(e) for other preparations, in terms of percentage by weight or volume or in
terms of unitage per gram or millilitre, as the case may be:

 

Provided that clause (iii) shall not apply to the pharmacopoeial preparations
where the composition of such preparation is specified in the respective
pharmacopoeia and to a preparation included in the National Formulary of India.

4
(iv) [The name of the manufacturer and the address of the premises of the

manufacturer where the drug has been manufactured:]

Provided that if the drug is contained in an ampoule or a similar small container,
it shall be enough if only the name of the manufacturer and his principal place of
5
[manufacture] is shown.

 

(v) A distinctive batch number, that is to say, the number by reference to which
details of manufacture of the particular batch from which the substance in the
container is taken are recorded and are available for inspection, the figure
representing the batch number being preceded by the words ‗Batch No.‘ or ‗B. No.‘
or ‗Batch‘ or ‗Lot No.‘ or ‗Lot‘.

 

NOTES

(1) In the case of drugs manufactured by a continuous process, like
manufacture of magnesium sulphate, pharmaceutical chemicals etc., the
production resulting in one homogenous mix of the finished products shall be
considered as one ―Batch‖.

 

1. Omitted by G.S.R. 285 (E), dt. 16-7-1996.

2. Ins. by G.S.R. 681(E), dt. 5-12-1980.

3. Ins. by G.S.R. 285 (E), dt. 16-7-1996.
4. Subs. by G.S.R. 491 (E), dt. 25-7-1991.
5. Subs. by G.S.R. 17 (E), dt. 7-1-1986.

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Drugs and Cosmetics Rules 1945

(2) In the case of powders, liquid orals, ointments etc., one ―Batch Number‖
shall be assigned to all the containers filled from one homogenous bulk.

(3) In the case of tablets, capsules, lozenges, troches, etc., one ―Batch
Number‖ shall be assigned to the products manufactured from one homogenous
mix ready for compression or filling.

(4) In the case of parenteral preparations sterilized by steam under pressure,

one ―Batch Number‖ shall be assigned to all containers filled from one
homogenous bulk solution and sterilized in one sterilizer load.

(5) In the case of containers of parenteral preparations filled from one
homogenous bulk solution and sterilized in more than one sterilizer load, the
―Batch Number‖ assigned to the containers in the different sterilizer loads shall
be the same ―Batch Number‖ as is assigned to the homogenous bulk solution,
provided the samples taken from all the sterilizer loads pass the sterility test, and
are kept separate from one another until the report of the sterility test is available.

Explanation.— For the purpose of chemical and other tests, representative
samples from all containers filled from the homogenous bulk solution should be
taken.

(6) In the case of parenteral and other sterile products filled aseptically, a
―Batch Number‖ shall be assigned to all containers filled from one homogenous
mix during one filling operation, the filling operation being completed in a period
of not more than a day and during which no schedule change in the filling
assembly is made.

When containers are filled from one homogenous mix, in a number of filling
operations, the ―Batch Number‖ assigned to the containers filled in individual
filling operations shall be the same ―Batch Number‖ as is assigned to the
homogenous mix, provided the samples taken from all the different filling
operations pass the sterility tests, and are kept separate from one another until the
report of the sterility test is available.

Explanation.-For the purpose of chemical and other tests, representative
samples from all containers filled from the homogenous mix should be taken.

(7) In the case of medicinal gases produced by a continuous process of
operation a week‘s production from one tank load shall be considered as a Batch.

(vi) Every drug manufactured in India shall bear on its label the number of the
licence under which the drug is manufactured, the figure representing the
manufacturing licence number being preceded by the words ―Manufcaturing Licence
Number‖ or ―Mfg. Lic. No.‖ or ―M.L.‖.

(vii) Drugs specified in Schedule P and their preparations including combinations
with other drugs shall bear on their labels the date of manufacture, and the date of
expiry of potency, and the period between the date of manufacture

126

 

 

Drugs and Cosmetics Rules 1945

and the date of expiry shall not exceed that laid down in the said Schedule
1 2
[under the conditions of storage specified therein. [Drugs and their

preparations not included in Schedule P], shall bear on their labels the date of
their manufacture and also the date of their expiry which shall not exceed sixty
months from the date of manufacture:]

 

Provided that this period may be extended by the Licensing Authority
specified in clause (b) of Rule 21 in respect of any specified drug if satisfactory
evidence is produced by the manufacturer to justify such an extension.

7
[(viii) Drugs specified in Schedule C(I) and their preparations including

combinations in other drugs shall bear on their labels (a) the date of
manufacture, and (b) date of expiry of potency fixed by the manufacturer:

3 4
[ [Provided that drugs in bulk form included in Schedule C(I) which are

not ready for use and not included in Schedule P need not bear on the label the
date of expiry of potency:]

Provided further that no reference shall be made to any other licence
number granted by any authority outside India on any label or container or in
any covering in which the container is packed or in any other matter or
advertisement enclosed therewith].

(ix) Every drug intended for distribution to the medical profession as a free
sample shall, while complying with the labelling provisions under clauses (i) to
(viii), further bear on the label of the container the words ‗Physician‘s
Sample—Not to be sold‘ which shall be overprinted.

 

5
[(x) If any preparation contains not less than 3 per cent by volume of

alcohol the quantity of alcohol shall be stated in terms of the average
percentage by volume of absolute alcohol in the finished products.]

 

6
[(xi) In addition to the other particulars which are required to be printed or

written under these Rules, the label of innermost container of the following
categories of drugs and every other covering in which the container is packed
shall bear a conspicuous red vertical line on the left side running throughout the
body of the label which should not be less than 1mm in width and without
disturbing the other conditions printed on the label under these
rules, namely: —

1. Subs. by G.S.R. 17 (E), dt. 7-1-1986.
2. Subs. by G.S.R. 285 (E), dt. 16-7-1996.
3. Subs. by G.S.R. 487(E), dt. 2-7-1984.
4. Subs. by G.S.R. 813 (E), dt. 27-7-1988.
5. Ins. by G.S.R. 462 (E), dt. 22-6-1982.
6. Ins. by G.S.R. 597 (E), dt. 17-6-1992.
7. Subs. by G.S.R. 592 (E), dt. 13-8-2008.

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Drugs and Cosmetics Rules 1945

Narcotic analgestics, hypnotics, sedatives, tranquillisers, corticosteroids,
hormones, hypoglycemics, antimicrobials, antiepileptics, antidepressants,
anticoagulants, anti-cancer drugs and all other drugs falling under
Schedules ‗G‘, ‗H‘, and ‗X‘ whether covered or not in the above list:

Provided that the provisions of this clause shall not apply to: −
(a) preparations intended for animal
treatment;

(b) preparations intended for external use;

(c) ophthalmic preparations and ear drops; and

(d) sterile preparations such as sutures, surgical dressings and preparations
intended for parenteral use.]

1
[(xii) Drugs and their preparations including combinations with other drugs

imported into the country shall also bear on the label, the license number under
which the drug is imported, preceded by the words ―Import License‖ and the
name and address of the importer.]

(2)(i) The particulars to be printed or written on the label of a mechanical

contraceptive shall be as specified in Schedule R.

(ii) The following particulars, in addition to those specified under sub-rule (1)
shall be either printed or written in indelible ink and shall appear in a conspicuous
manner on the label of the innermost container and on every other covering in which
the container of a contraceptive, other than a mechanical contraceptive, is packed,
namely : −

(a) the date of manufacture;

(b) the date upto which the contraceptive is expected to retain its
properties;

(c) the storage conditions necessary for preserving the properties of the

contraceptive upto the date indicated in sub-clause (b) :

Provided that for oral contraceptives it shall be sufficient to display on the label
of the container the date of manufacture only.

(3)(i) The particulars prescribed in sub-rule (1) shall be printed or written in
indelible ink either on the label borne by a container of vaccine lymph or on a label or
wrapper affixed to any package in which the container is issued for sale. The said
particulars shall be indelibly marked on the sealed container of surgical ligature or
suture or printed or written in indelible ink on a label enclosed therein.

(ii) Nothing in these rules shall be deemed to require the labelling of any
transparent cover or of any wrapper, case or other covering used solely for the
purpose of packing, transport or delivery.

(4) Where by any provision of these rules any particulars are required to be
displayed on a label on the container, such particulars may, instead of being
displayed on a label, be etched, painted or otherwise indelibly marked on the
container:

1. Ins. by G.S.R. 592 (E), dt. 13-08-2008.

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Drugs and Cosmetics Rules 1945

Provided that, except where otherwise provided in these rules, the name of the
drug or any distinctive letters intended to refer to the drug shall not be etched, painted
or otherwise indelibly marked on any glass container other than ampoules.

Explanation.— For the purpose of this rule, the date of expiry shall be in terms of

month and year and it shall mean that the drug is recommended till the last day of the
month. The date of expiry shall be preceded by the words ‗Expiry date‘.]

1

97. Labelling of medicines.— [(1) The container of a medicine for internal use
shall—

(a) if it contains a substance specified in Schedule G, be labelled with the
words ―Caution: it is dangerous to take this preparation except under medical
supervision‖ – conspicuously printed and surrounded by a line within which
there shall be no other words;

(b) if it contains a substance specified in Schedule H, be labelled with the

symbol Rx and conspicuously displayed on the left top corner of the label and
be also labelled with the following words:

‗Schedule H drug- Warning: To be sold by retail on the prescription of a

Registered Medical Practitioner only‘,

(c) if it contains a substance specified in Schedule H, and comes within
2

the purview of the [Narcotic Drugs and Psychotropic Substances Act, 1985
(61 of 1985)] be labelled with the symbol NRx which shall be in red and
conspicuously displayed on the left top corner of the label, and be also labelled
with the following words:

‗Schedule H drug -Warning: To be sold by retail on the prescription of a

Registered Medical Practitioner only‘;

(d) If it contains a substance specified in Schedule X, be labelled with the
symbol XRx which shall be in red conspicuously displayed on the left top
corner of the label and be also labelled with the following words : –

‗Schedule X drug -Warning: To be sold by retail on the prescription of
a Registered Medical Practitioner only‘.

4
[(e) if it contains a drug substance specified in Schedule H1, the drug

formulation shall be labeled with the symbol Rx which shall be in red conspicuously
displsyed on the left top corner of the label, and shall also be labelled with the
following words in a box with a red border:

“SCHEDULE H1 DRUG – WARNING.
– It is dangerous to take this preparation except in accordance with the

medical advice.
– Not to be sold by retail without the prescription of a Registered Medical

Practitioner.]

3
(2) The container of an embrocation, liniment, lotion, [ointment, antiseptic

cream,] liquid antiseptic or other liquid medicine for external application shall be
labelled with the words:

―FOR EXTERNAL USE ONLY‖.

1. Subs. by G.S.R. 462 (E), dt. 22-6-1982.

2. Subs. By G.S.R. 282(E), dt. 16.7.1996. As corrected by G.S.R. 241(E), dt. 15.4.1998.

3. Ins. by G.S.R. 850 (E), dt. 7-12-1994.

4. Subs. by G.S.R. 588 (E), dt. 30-8-2013.

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Drugs and Cosmetics Rules 1945

1
[(3) The container of a medicine made up ready only for treatment of an animal

shall be labelled conspicuously with the words ‗Not for human use; for animal
treatment only‘ and shall bear a symbol depicting the head of a domestic animal.]

2
[* * * * *]

10
[(3A) The container of a medicine for treatment of food producing animals shall

be labeled with the withdrawal period of the drug for the species on which it is
intended to be used:

Provided that if the specific withdrawal period has not been validated, the
withdrawal period shall not be less than seven days for eggs or milk, twenty eight
days for meat from poultry and mammals including fat and offal, five hundred degree
days for fish meat.

Explanation:- For the purpose of this Rule, the withdrawal period is the period of
interval between the last administration of a veterinary medicine to animals under the
normal conditions of use and the production of food stuff from such animals to
ensure that food stuffs do not contain residues in quantities in excess of the maximum
residue limits laid down.]

3
[(4)] The container of a medicine prepared for treatment of human ailments shall

if the medicine contains industrial methylated spirit, indicate this fact on the label and
be labelled with the words :

―For External Use only‖.
4
[(5) Substances specified in Schedule X in bulk form shall bear a label wherein

the symbol as specified in sub-Rule (1) shall be given conspicuously in red letters.]
5
[* * * * *]

6
[102. Non-Sterile Surgical Ligature and Suture.- Every container of, and

wrapper enclosing surgical ligature or suture other than a ligature or suture offered or
intended to be offered for sale as sterile, shall bear a label on which are printed or
written in a conspicuous manner in indelible red ink the words ―Non-sterile surgical
ligature (suture) – not to be used for operations upon the human body unless
efficiently sterilized‖.]

7

103. [* * * * *]

(2) The name and address of the manufacturer shall be printed on the label of the
container of a patent or proprietary medicine.

8
[(3) The true formula or list of the ingredients shall be printed or written in

indelible ink on the outer label of every package containing patent or proprietary
medicine.]

9
[104 Use of letter I.P. etc.–The letters ‗I.P‘. and recognized abbreviations of

pharmacopoeias and official compendia of drug standards prescribed under these
Rules shall be entered on the label of the drug only for the purpose of indicating that
the drug is in accordance with standards set out in the Indian Pharmacopoeia or in any
such pharmacopoeia or official compendium of drug standards recognized under the
Rules.]
1. Subs. by notification No. F.1-6/62-D(S.O.2889),, dt. 2.7.1969.
2. Subs. (4) omitted by G.S.R. 462 (E), dt. 22-1-1982.
3. Sub-rule (5) re-numbered as sub-Rule (4), by G.S.R. 462 (E), dt. 22-6-1982.
4. Ins. by G.S.R. 462 (E), dt. 22-6-1982.
5. Rules 98, 99,100 and 101 omitted, by G.S.R. 462 (E), dt. 22-6-1982.
6. Sub. by F. No. F1-3/51-DS, dt. 15.10.1954.
7. Sub-rule (1) omitted by S.O. 2136, dt. 15.6.1957.
8. Sub. by S.O. 2136, dt. 15.6.1957.
9. Sub. by G.S.R. 19, dt. 15.12.1977.
10. Ins. by G.S.R. 128 (E), dt. 17.1.2012.

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1
[104A. Prohibition against altering inscriptions on containers, labels or wrappers of

drug. –No person shall alter, obliterate or deface any inscription or mark made or recorded by
the manufacturer on the container, label or wrapper of any drug:

Provided that nothing in this rule shall apply to any alteration, any inscription or mark

made on the container, label or wrapper of any drug at the instance or direction or with the
permission of the Licensing Authority.]

2
[105. Packing of drugs.–(1) The pack sizes of drugs meant for retail sale shall be as

prescribed in Schedule P1 to these rules.

(2) The pack sizes of drugs not covered by Schedule P-1 shall be as given below: –

Unless specified otherwise in Schedule P-1,

(i) The pack sizes for Tablets/Capsules shall be–

Where the number of Tablets (coated or uncoated)/Capsules (hard or soft
gelatin) is less than 10, such packing shall be made by the integral number. For
numbers above 10, the pack size of Tablets/Capsules shall contain multiples of 5.

 

(ii) The pack sizes for liquid Oral preparations shall be 30 ml (paediatric only)/60

ml/100 ml/200 ml/450 ml.

(iii) The pack sizes for Paediatric Oral Drops shall be 5 ml/10 ml/15 ml.

(iv) The pack sizes for Eye/Ear/Nasal drops shall be 3 ml/5 ml/10 ml.

(v) The pack size for Eye Ointment shall be 3 gm/5 gm/ 10 gm:

Provided that the provisions of the pack sizes covered under this rule shall not apply to: –
1. Pack sizes or dosage forms not covered by the foregoing provisions of this rule.
2. The imported formulations in finished form.
3. Preparations intended for Veterinary use.
4 Preparations intended for Export.
5. Vitamins/Tonics/Cough Preparations/Antacids/Laxatives in Liquid Oral forms,

Unit dose (including applicaps).
6. Pack sizes of dosage forms meant for retail sale to Hospitals, Registered

Medical Practitioners, Nursing Homes.
7. Physician‘s Samples.
8. Pack sizes of large volume Intravenous Fluids:

 

4
[Provided further that] pack sizes of any of the new drug as and when approved by the

Licensing Authority appointed under Rule 21 and if not covered under this rule, shall be
examined for the purpose of approval with specific justification by the said Licensing
Authority:

3 4
[ [Provided also that] Oxytocin injection meant for sale shall be in single unit blister

pack only:]
5
[Provided also that Diclofenac injection for human use shall be in single unit dose pack

only.]

1. Ins. by G.S.R. 1242 (E), dt. 17-9-1979.
2. Ins. by G.S.R. 796 (E), dt. 1-10-1992.
3. Sub. by G.S.R. 242 (E), dt. 3-4-2001.
4. Sub. by G.S.R. 558 (E), dt. 17-7-2015.
5. Ins. by G.S.R. 558 (E), dt. 17-7-2015.

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1
[105A. Packings of drugs specified in Schedule X.- The drugs specified in Schedule X

shall be marketed in packings not exceeding-

(i) 100 unit doses in the case of tablets/capsules;

(ii) 300 ml in the case of oral liquid preparations; and

(iii) 5 ml in the case of injections:

Provided that nothing in this rule shall apply to packing meant for use of a hospital or a
dispensary subject to the conditions that–

(i) such supplies are made by the manufacturers or distributors direct to the

hospital/dispensaries; and

(ii) hospital packs shall not be supplied to a retail dealer or to a Registered Medical
Practitioner.]

2
[106. Diseases which a drug may not purport to prevent or cure.—(1) No drug may

purport or claim to prevent or cure or may convey to the intending user thereof any idea that it
may prevent or cure one or more of the diseases or ailments specified in Schedule J.

(2) No drug may purport or claim to procure or assist to procure, or may convey to the

intending user thereof any idea that it may procure or assist to procure, miscarriage in women.

3
[* * * *]

4
[PART IXA

LABELLING AND PACKINGOF HOMOEOPATHIC MEDICINES

106-A. Manner of labelling of Homoeopathic medicines.—(A) The following particulars
shall be either printed or written in indelible ink and shall appear in a conspicuous manner on
the label of the innermost container of any Homoeopathic medicine and on every other
covering in which the container is packed—

(i) The words ‗Homoeopathic medicine‘,

(ii) The name of the medicine—

5
[(a) For drugs specified in the Homoeopathic Pharmacopoeias of India or

the United States of America or the United Kingdom, or the German Homoeopathic
Pharmacopoeia, the name specified in that Pharmacopoeia.]

(b) For other drugs, the name descriptive of the true nature of the drugs.

 

1. Ins. by G.S.R. 462 (E), dt. 22-6-1982.

2. Sub. by notification F. 1-16/52-DC (SO 2122), dt. 22-6-1954.

3. Omitted by G.S.R. 462(E), dt. 22.6.1982.

4. Ins. by G.S.R. 1185 (E), dt. 18.8.1964.

5. Subs. by G.S.R. 680 (E), dt. 5-12-1980.

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(iii) The potency of the Homoeopathic medicine—For this purpose the potency
shall be expressed either in decimal, centesimal or millisimal systems.

1
[(iiiA) In case of Homoeopathic medicine containing two or more ingredients the

name of each ingredient together with its potency and proportion expressed in metric

system shall be stated on the label.]

2
[(iv) Name and address of the manufacturer when sold in original containers of the

manufacturer. In case a Homoeopathic medicine is sold in a container other than that

of the manufacturer—the name and address of the seller:]
5
[Provided that where such medicines are imported, the name and address of the

importer shall also be mentioned on the label.]

(v) In case the Homoeopathic medicine contains alcohol, the alcohol content in

percentage by volume in terms of ethyl alcohol shall be stated on the label:

3
[Provided that in case the total quantity of the pharmacopoeial homoeopathic

medicine in the container is 30 millilitres or less, it will not be necessary to state the

content of alcohol on the label.]

(B) In addition to the above particulars the label of a Homoeopathic mother tincture shall

display the following particulars: −

(i) A distinctive batch number, that is to say, the number by reference to which

details of manufacture of the particular batch from which the substance in the container

is taken are recorded and are available for inspection, the figures representing the batch

number being preceded by the words ―Batch No.‖ or ―Batch‖ or ―Lot Number‖ or ―Lot

No.‖ or ―Lot‖ or any distinguishing prefix.

(ii) Manufacturing licence number, the number being preceded by the words

 

―Manufacturing Licence Number‖ or ―Mfg. Lic. No.‖ or ―M.L.‖.

4
[Explanation.−This clause shall not apply to a Homoeopathic mother tincture

manufactured outside India.

(C) No Homoeopathic medicine containing a single ingredient shall bear a proprietary

name on its label.]

1. Subs. by G.S.R. 466 (E), dt. 17-5-1994.

2. Sub. by notification F.1-59/68-D, dt. 19-11-1969.

3. Subs. by G.S.R. 108 (E), dt. 22-2-1994.

4. Ins. by S.O. 2139, dt. 12-8-1972.

5. Ins. by G.S.R. 263 (E), dt. 20-4-2009.

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1
[106-B. Prohibition of quantity and percentage.–No Homoeopathic medicine containing

more than 12% alcohol v/v (Ethyl alcohol) shall be packed and sold in packing or bottles of
more than 30 millilitres, except that it may be sold to hospitals/dispensaries in packings or
bottles of not more than 100 millilitres.]

 

PART X

SPECIAL PROVISIONS RELATING TOBIOLOGICAL
AND OTHER SPECIAL PRODUCTS

2
[107. Name of substance.—If any substance specified in Schedule C is advertised or sold

as a proprietary medicine or is contained in a medicine so advertised or sold, the proper name
of the substance shall appear on the label in the manner prescribed in this Part.

3
[Explanation.−For the purpose of this rule the expression ―proper name‖ means the

proper name stated in Schedule F or if no such name is stated, the name descriptive of the true
nature and origin of the substance:

Provided that in the case of veterinary biological product the expression ―proper name‖
means the proper name stated in Schedule F (1) or if no such name is stated, the name or

4
synonym given in the current edition for the time being of the [British Pharmacopoea

4
(Veterinary)] , or, if no such name is stated either in Schedule F (1) or the [British
Pharmacopoea (Veterinary)], the name descriptive of the true nature and origin of the
substance approved by the Licensing Authority.

5
108. Container.— [(1) No substance specified in Schedule C shall be sold or offered for

sale unless it has been sealed in a previously sterilized container made of glass or any other
suitable material approved for the purpose by the Licensing Authority appointed under rule
21, in such manner as may, in the opinion of the Licensing Authority, suffice to preclude the
access of bacteria:

Provided that it shall not be necessary to use a previously sterilized container if the filled

and sealed container is to be sterilized after the sealing and such sterilizing procedure would
render the product sterile. However, the Licensing Authority may, for any special reasons,
direct the licensee to pre-sterile such containers.]

 

(2) When any such substance is issued in liquid form in containers which are sealed in
such a manner that portions of the contents can be withdrawn for use on different occasions,
the liquid shall contain a sufficient proportion of some antiseptic to prevent the growth of any
organism which may be accidentally introduced in the process of removing a portion of the
contents of the container:

 

6
[Provided that nothing in this sub-rule shall apply to a penicillin suspension in oil

and wax.]

1. Ins. by G.S.R. 108 (E), dt. 22-2-1994.
2. Subs. by F. 1-5/47-D (SRO 2889), dt. 25-11-1949.
3. Subs. by F. 1-6/62-D, dt. 2-7-1969.
4. Subs. by G.S.R.647 (E), dt. 28-10-1998.
5. Subs. by G.S.R. 245, dt. 21-2-1976.
6. Ins. by SO 115, dt. 04-1-1961.

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1
[(3) The container shall comply with such further requirements, if any, as are specified in

Schedule F or Schedule F (1) as the case may be, in that behalf.

(4) The Licensing Authority may in the case of any particular preparation of any such

substance dispense with any of the requirements of this Rule or Schedule F or Schedule F (1)
as the case may be, and may make such additional requirements, as having regard to the
nature of the preparation, they may deem necessary.]

 

2
[109. Labelling.–(1) The following particulars and such further particulars, if any, as are

specified in Schedule F or Schedule F (1), as the case may be, shall be printed or written in
indelible ink on the label of every phial, ampoule or other container of a substance specified
in Schedule C and on every other covering in which such phial, ampoule or container is
packed—

(a) where a drug is imported, the number of licence under which it is imported,
preceded by the words ‗Import Licence‘:

Provided that no reference shall be made to any other import licence number granted
by any authority outside India on any label or container or in any covering in which the
container is packed or in any other matter of advertisement enclosed therein;

(b) where a test for potency in units is required by these rules, a statement of the
potency in units defined in terms of relation to the standard preparation specified in
Schedule F or F (1), as the case may be :

Provided that this clause shall not apply in the case of vaccine lymph;

(c) where a test for potency or maximum toxicity is required the date upto which the
substance if kept under suitable conditions may be expected to retain a potency not less
than stated on the label of the container or not to acquire a toxicity greater than that
permitted by the test, as the case may be. The date of expiry shall be in terms of month
and year and it shall mean that the drug is recommended for use till the last day of the
month. The date of expiry shall be preceded by the words ‗Expiry date‘ :

Provided that nothing in these rules shall be deemed to require the labelling of any
transparent cover or any wrapper, case or other covering used solely for the purpose of
packing, transport or delivery.

(2) The particulars prescribed in clause (a) of the preceding sub-rule shall be printed or
written in indelible ink either on the label borne by a container of vaccine lymph or on a label
or wrapper affixed to any package in which the container is issued for sale. The said
particulars shall be indelibly marked on the sealed container of surgical ligature or suture or
printed or written in indelible ink on a label enclosed therein.

 

1. Subs. by F.1-6/62-D (SO 2889), dt. 2-7-1969.

2. Subs. by G.S.R.19, dt. 15-12-1977.

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(3) The following particulars, and such further particulars, if any, as are specified in
Schedule F or Schedule F (1), as the case may be, shall be printed or written in indelible ink
either on the label borne by the container of any substance specified in Schedule C or on a
label or wrapper affixed to any package in which any such container is issued for sale,
namely:–

 

(a) the date on which the manufacture of the particular batch from which the
substance in the container is taken was completed as defined in Schedule F or Schedule
F(1), or if there is no definition in Schedule F or Schedule F(1) as hereafter defined in this
rule and in the case of vaccine prepared from concentrates, the date of completion of the
final products and the bottling for issue;

 

(b) where an antiseptic substance has been added, the nature and the percentage
proportion introduced;

 

(c) the precaution necessary for preserving the properties of the contents up to the
date indicated in clause (c) of sub-rule (1).

 

(4) For the purpose of clause (a) of sub-rule (3), the date on which the manufacture of a
batch is completed shall be—

 

(a) in cases where a test for potency or toxicity is required by these rules or not being
so required, is accepted by the Licensing Authority as sufficient for the purpose of fixing
the date of completion of manufacture, the date on which the substance was removed
from cold storage after having been kept at a temperature not exceeding 5° C
continuously for a period not exceeding two years from the time when the last test was
completed,

 

(b) in cases where no such test is required or accepted−

(i) if the substance is a serum obtained from a living animal, the earliest date on
which any material contributing to the batch was removed from the animal;

 

(ii) if the substance was obtained by the growth of organisms or artificial media,
the earliest date on which growth was terminated in any of the material contributing
to the batch:

 

Provided that if a batch of the substance (including all material contributing to
this batch) has for a period of not more than three years been kept in cold storage at
a temperature not exceeding 5°C continuously from the earliest practicable date
after that on which growth was terminated in the material as the case may be, the
date of removal from cold storage shall be treated as the date on which the
manufacture of the batch is completed;

 

(c) in all other cases, the date on which the substance is filled in the container.

1
[109-A. Labelling of Medical Devices.– Subject to the other provisions of these rules, the

following particulars shall be printed in indelible ink on the label or sticker on the shelf pack of
the medical device or on the outer cover of such medical device and on every outer covering in
which the medical device is packed, namely:––

(a) proper name of the medical device;
(b) the details necessary for the user to identify the device and its use;
(c) the name of the manufacturer and address of the manufacturing premises where the

device has been manufactured;
(d) the correct statement of the net quantity in terms of weight, measure, volume, number

of units, as the case may be, and the number of the devices contained in the package shall be
expressed in metric system; and

(e) the date of manufacture and date of expiry; alternately the label shall bear the shelf life
of the product:

1. Sub. by G.S.R. 690 (E), dt. 25-9-2014. Earlier Ins. by G.S.R. 109 (E), dt. 22-2-1994.

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Drugs and Cosmetics Rules 1945

Provided that in the case of sterile devices the date of sterilisation may be given as

date of the manufacture of the device:
Provided further that the device is made up of stable materials such as stainless steel

or titanium, and supplied non-sterile, date of expiry may not be necessary;
(f) to provide, wherever required, an indication that the device contains medicinal or

biological substance;
(g) to provide, a distinctive batch number or lot number preceded by the word ―Lot No.‖

or ―Lot‖ or ―Batch No.‖ or ―B. No.‖;
(h) to indicate, wherever required, any special storage or handling conditions applicable to

the device;
(i) to indicate, if the device is supplied as a sterile product, its sterile state and the

sterilisation method;
(j) to give, if considered relevant, warnings or precautions for the attention of the user of

the medical device;
(k) to label the device, if the device is intended for single use;
(l) to overprint on the label of the container, the words ―FOR CLINICAL

INVESTIGATION ONLY‖, if the device is intended for clinical investigation;
(m) to overprint on the label of the device, the words ―Physician‘s Sample—Not to be

sold‖, if a medical device is intended for distribution to the medical professional as a free
sample;

(n) to provide, except for imported devices, the manufacturing licence number by
preceding the words ―Manufacturing Licence Number‖ or ―Mfg. Lic. No.‖ or ―M. L‖;

(o) Devices or In-vitro diagnostics which are not sold to customer or patient directly and
are sold for use by hospitals or diagnostic labs shall provide the information affixing additional
label or sticker on outer shelf pack;

(p) to provide on the label, in case of imported devices, with the approval of the licensing
authority mentioned in rule 21, the import licence number, name and address of the importer
and address of the actual manufacturing premises, date of manufacture, (if not already printed
at the time of import):
Provided that the label may bear symbols recognised by the Bureau of Indian
Standards or International Organisation for Standardisation (ISO) in lieu of text and the device
safety is not compromised by a lack of understanding on the part of the user in case the
meaning of the symbol is not obvious to the device user.]

1
[109B. Exemption of certain labelling requirements for medical devices for export from

India.–– The labels on packages or container of devices for export shall be adopted to meet
specific requirements of the law of the country to which the device is to be exported, but the
following particulars shall appear in conspicuous manner on the label of the shelf pack of the
medical device in which the device is packed and every other outer covering in which the
container is packed-

(a) name of the Device;
(b) the distinctive batch number or lot number preceded by the word ―Lot No.‖ or ―Lot‖

or ―Batch No.‖ or ―B.No.‖;
(c) the date of expiry, if any;
(d) the name and address of the manufacturer and address of actual premises where the

device has been manufactured;
(e) the manufacturing Licence No. preceded by the letters ―M.L. No‖ or

―Manufacturing Licence No‖;
(f) the internationally recognised symbols in lieu of text, wherever required:

1. Ins. by G.S.R. 690 (E), dt. 25-9-2014.
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Drugs and Cosmetics Rules 1945

Provided that where a device is required by the consignee not to be labeled with the
name and address of the manufacturer, the label on the packages or container shall bear a code
number as approved by the licensing authority and the code number shall bear the name of the
State or Union territory, in abbreviation, followed by the word ―Device‖ and ―manufacturing
licence number:
Provided further that where a device is required by the consignee not to be labeled with the
code number also, the label on the packages or container shall bear a special code number, as
requested by the consignee, and approved by the licensing authority under rule 21.]

1
[109C. Shelf life of the medical devices.–– The shelf life of the medical devices shall not

exceed sixty months from the date of manufacture:

Provided that this period may be extended by the licensing authority, in respect of
any specified medical device, if satisfactory evidence is produced by the manufacturer to
justify such an extension.]

 

110. Prohibition of sale of substance after prescribed date.–No person shall sell, or
exhibit for sale any substance specified in Schedule C after the date recorded on the container,
label or wrapper as the date upto which the substance may be expected to retain a potency not
less than, or not to acquire a toxicity greater than that required or permitted by the prescribed
test as the case may be.

2 [* * * * *]

1. Ins. by G.S.R. 109 (E), dt. 22-2-1994.
2. Rule 110A omitted by G.S.R. 1242(E), dt. 17.9.1979.

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1
[111. Standards.–Every substance specified in Schedules C and C (1) intended for sale

shall conform with the standards of strength, quality and purity specified in these Rules and in

Schedule F or F(1), as the case may be, and the tests for determining such conformity shall be

applied to samples taken from the final product after every manufacturing process has been

completed.]

2
[112. Tests for strength and quality.–The tests, if any, required for determining the

strength and quality of each of the substances specified in Schedules C and C (1) shall be
4

those set out in Schedule F or Schedule F (1) [or as specified, as the case may be].]

3
[* * * * *]

 

115. Application of tests for sterility.–The tests shall be applied−

(a) to samples taken from each batch of the substance before the operation of filling

and sealing the containers in which it is to be issued has commenced except preparations,

which after being sealed in the containers are to be sterilized by heat, in a manner

satisfactory to the Licensing Authority; and

 

(b) to the contents of sample containers when ready for issue.

4
[ * * * * *]

 

119.−(1) If at this examination no growth of micro-organisms is found in any tube, the

sample may be treated as having passed the test.

 

(2) If at the examination a growth of micro-organisms is visible, further samples may be

taken and the tests may be repeated on the further samples taken; but no container the

contents of which form part of the batch shall be issued until such further samples have

passed the test. The process of taking samples from the batch for a test may be repeated

twice:

 

Provided that if the same organism is visible in more than one test the batch shall be

treated as not sterile and the material contained in the batch shall not be issued or used as part

of a further batch unless and until it has been re-sterilized and has passed the tests.

120.−Notwithstanding anything contained in the last preceding rule, in any case where—

 

(a) a substance is required in an emergency by a registered medical practitioner, but

the licensee has no filled containers in stock; or

1. Amended by F.1-6/62-D (SO 2889), dt. 2-7-1969.
2 Subs. by G.S.R. 663(E), dt. 3.7.1992.
3. Rules 113 and 114 omitted by G.S.R. 663(E),dt. 3.7.1992.
4. Rules 116, 117 and 118 omitted by G.S.R. 663 (E), dt. 3-7-1992.

139

 

 

Drugs and Cosmetics Rules 1945

(b) a substance which in the opinion of the Licensing Authority is so unstable in
solution that the delay occasioned by the completing of the sterility test on filled
containers would render its issue in active form impossible, the licensee may issue the
substance from a batch which has already passed the tests for sterility and freedom from
abnormal toxicity, without completing the sterility test on the filled containers, provided
that he complies with the following conditions—

(i) the licensee shall before the issue take samples in the required proportion

from the containers into which the batch is filled, and after the required inoculation
shall examine the tube every day for five days;

(ii) if at any examination any growth is visible in any of the tubes, he shall
immediately notify the Licensing Authority;

(iii) he shall keep available for inspection a record of all issues made under this
Rule containing such particulars of the circumstances in which the issue is made as
the Licensing Authority may require.

1
[121. Test for freedom from abnormal toxicity. –The test for freedom from abnormal

toxicity shall be carried out as per the current edition of Indian Pharmacopoeia in the case of
each batch of the serum tested by the licensee or by an institution approved by the Licensing
Authority for the purpose of carrying out the test on its behalf.]

2
[121A. Test for pyrogens–Solution of substances intended for parenteral administration in

large volumes (10 ml or more at a time) shall be pyrogen-free and tested for pyrogens. If
water or any other aqueous solvent is supplied along with the substances for preparing such
solutions, it shall also be pyrogen-free and tested for pyrogens.]

122. Substances specified in Schedule C(1). –The following provisions shall apply in the

case of a substance specified in Schedule C (1): –

3[(a) The container shall comply with the requirements, if any, specified in Schedule
4

F or Schedule F (1) [or as specified], as the case may be.]

5
[* * * * *]

(c) The substance shall conform to the standards of strength, quality and purity

4
specified in Schedule F or Schedule F (1) [or as specified], as the case may be and the
tests for determining the strength, quality and purity of the substance shall be those

4
specified in Schedule F or Schedule F (1) [or as specified,] as the case may be.

(d) The tests for determining the strength, quality and purity of a substance specified

3
in Schedule F or Schedule F (1) [or as specified] as the case may be shall be applied to
samples taken from the final product after each manufacturing process has been
completed.

(e) The substance should be stored in a cool place and away from light.

1. Subs. by G.S.R. 834 (E), dt. 29-12-1999.
2. Subs. by SO 1449, dt. 13-06-1961. Earlier Ins. by F.1-27/56-D, dt. 18-12-1956
3. Subs. by F.1-6/62-D, dt. 2-7-1969
4. Subs. by G.S.R. 663 (E), dt. 3-7-1992
5. Omitted by G.S.R. 19, dt. 15.12.1977.

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1
[PART X A.

IMPORT OF MANUFACTURE OFNEW DRUG FOR CLINICAL

TRIALS OR MARKETING

2
122-A. Application for permission to import new drug.- [(1) (a) No new drug shall be

imported, except under, and in accordance with, the permission granted by the Licensing
Authority as defined in clause (b) of rule 21.

(b) An application for the grant of permission to import a new drug shall be made in Form

44 to the Licensing Authority, accompanied by a fee of fifty thousand rupees:

Provided that where a subsequent application by the same applicant for that drug, whether
in modified dosage form or with new claims, is made, the fee to accompany such application
shall be fifteen thousand rupees.

Provided further that any application received after one year of the grant of approval for

the import and sale of new drug, shall be accompanied by a fee of fifteen thousand rupees and
3

such information and data as required by [Appendix I or Appendix IA or Appendix IB] of
Schedule Y, as the case may be].

(2) The importer of a new drug when applying for permission under sub-rule (1), shall

3
submit data as given in [Appendix I or Appendix IA or Appendix IB] to Schedule Y
including the results of local clinical trials carried out in accordance with the guidelines
specified in that Schedule and submit the report of such clinical trials in the format given in
appendix II to the said Schedule:

Provided that the requirement of submitting the results of local clinical trials may not be

necessary if the drug is of such a nature that the Licensing Authority may, in public interest,
decide to grant such permission on the basis of data available from other countries:

Provided further that the submission of requirements relating to Animal Toxicology,

Reproduction studies, Teratogenic studies, Perinatal studies, Mutagenicity and
Carcinogenicity may be modified or relaxed in case of new drugs approved and marketed for
several years in other countries if he is satisfied that there is adequate published evidence
regarding the safety of the drug, subject to the other provisions of these rules.

2
[(3) The Licensing Authority, after being satisfied that the drug if permitted to be

imported as raw material (bulk drug substance) or as finished formulation shall be effective
and safe for use in the country, may issue an import permission in Form 45 and/or Form 45-
A, subject to the conditions stated therein:

Provided that the Licensing Authority shall, where the data provided or generated on the

drug is inadequate, intimate the applicant in writing, and the conditions, which shall be
satisfied before permission could be considered.]

4 2

122-B. Application for approval to manufacture new drug [***].- [(1)(a) No new
drug shall be manufactured for sale unless it is approved by the Licensing Authority as defined
in clause (b) of rule 21.

 

 

1. Ins. by G.S.R. 944 (E), dt. 21-9-1988.
2. Subs. by G.S.R. 900 (E), dt. 12.12.2001.
3. Subs. by G.S.R. 918 (E), dt. 30.11.2005.
4. Omitted by G.S.R. 26 (E), dt. 19.01.2006.

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(b) An application for the grant of approval to manufacture the new drug and its

formulations shall be made in Form 44 to the Licensing Authority as defined in clause (b) of
Rule 21 and shall be accompanied by a fee of fifty thousand rupees:

Provided that where the application is for permission to import a new drug (bulk drug
substance) and grant of approval to manufacture its formulation/s, the fee to accompany such
application shall be fifty thousand rupees only.

Provided further that where a subsequent application by the same applicant for that drug,
whether in modified dosage form or with the new claims, is made, the fee to accompany such
subsequent application shall be fifteen thousand rupees:

Provided also that any application received after one year of the grant of approval for the
manufacture for sale of the new drug, shall be accompanied by a fee of fifteen thousand

4
rupees and such information and data as required by [Appendix 1 or Appendix 1A or
Appendix IB] of Schedule Y, as the case may be.]

 

(2) The manufacturer of a new drug under sub-rule (1) when applying for approval to the
4

Licensing Authority mentioned in the said sub-rule, shall submit data as given in [Appendix
1 or Appendix 1A or Appendix IB] to Schedule Y including the results of clinical trials
carried out in the country in accordance with the guideline specified in Schedule Y and
submit the report of such clinical trials in the same format given in Appendix II to the said
Schedule.

1
[(2A) The Licensing authority as defined in clause (b) of rule 21 after being satisfied that

the drug if approved to be manufactured as raw material (bulk drug substance) or as finished
formulation shall be effective and safe for use in the country, shall issue approval in Form 46
and/or Form 46A, as the case may be, subject to the conditions stated therein:

Provided that the Licensing Authority shall, where the data provided or generated on the
drug is inadequate, intimate the applicant in writing, and the conditions, which shall be
satisfied before permission could be considered.]

 

(3) When applying for approval to manufacture a new drug under sub-rule (1) or its
preparations, to the State Licensing Authority, an applicant shall produce along with his
application, evidence that the drug for the manufacture of which application is made has

5
already been approved [in the name of the applicant] by the Licensing Authority mentioned in
Rule 21:

Provided that the requirement of submitting the results of local clinical trials may not be
6

necessary if the drug is of such nature that the [Licensing Authority in Rule 21] may, in
public interest, decide to grant such permission on the basis of data available from other
countries:

Provided further that the submission of requirements relating to Animal Toxicology,
Reproduction studies, Teratogenic studies, Perinatal studies, Mutagenicity and
Carnicogenicity may be modified or relaxed in case of new drugs approved and marketed for
several years in other countries if he is satisfied that there is adequate published evidence
regarding the safety of the drug, subject to the other provisions of these rules.

2
[* * * * *]

3
[122D. Permission to import or manufacture fixed dose combination.- (1) An

application for permission to import or manufacture fixed dose combination of two or more
drugs as defined in clause (c) of rule 122-E shall be made to the Licensing Authority as
defined in clause (b) of Rule 21 in Form 44, accompanied by a fee of fifteen thousand rupees
and shall be accompanied by such information and data as is required in Appendix VI of
Schedule Y.

1. Ins. by G.S.R. 900(E), dt. 12-12-2001.
2. Rules 122-C omitted, by G.S.R. 900(E), dt. 12-12-2001.
3. Subs. by G.S.R. 900(E), dt. 12-12-2001.
4. Subs. by G.S.R. 918(E), dt. 30-11-2015.
5. Ins. by G.S.R. 26 (E), dt. 19-01-2006.
6. Subs. by G.S.R. 26 (E), dt. 19-01-2006.

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(2) The Licensing Authority after being satisfied that the fixed dose combination if

approved to be imported or manufactured as finished formulation shall be effective and safe
for use in the country, shall issue permission in Form 45 or Form 46, as the case may be,
subject to the conditions stated therein:

Provided that the Licensing Authority shall, where the data provided or generated on the

fixed dose combination is inadequate, intimate the applicant in writing, and the conditions
which shall be satisfied before grant of approval/permission could be considered.

122DA. Application for permission to conduct clinical trials for New

Drug/Investigational New Drug.− (1) No clinical trial for a new drug, whether for clinical
investigation or any clinical experiment by any institution, shall be conducted except under,
and in accordance with, the permission, in writing, of the Licensing Authority defined in
clause (b) of Rule 21.

(2) An application for grant of permission to conduct−

(a) human clinical trials (Phase-I) on a new drug shall be made to the Licensing

Authority in Form 44 accompanied by a fee of fifty thousand rupees and such
information and data as required under Schedule Y.

(b) exploratory clinical trials (Phase-II) on a new drug shall be made on the

basis of data emerging from Phase-I trial, accompanied by a fee of twenty-five
thousand rupees;

(c) confirmatory clinical trials (Phase-III) on a new drug shall be made on the

basis of the data emerging from Phase-II and where necessary, data emerging from
Phase-I also, and shall be accompanied by a fee of twenty-five thousand rupees:

Provided that no separate fee shall be required to be paid along with application for

import/manufacture of a new drug based on successful completion of phases clinical trials by
the applicant:

Provided further that no fee shall be required to be paid along with the application by

Central Government or State Government Institutes involved in clinical research for
conducting trials for academic or research purposes.

(3) The Licensing Authority after being satisfied with the clinical trials, shall grant

permission in Form 45 or Form 45-A or Form 46 or Form 46-A, as the case may be, subject to
the conditions stated therein:

Provided that the Licensing Authority shall, where the data provided on the clinical trials

is inadequate, intimate the applicant in writing, within six months from the date of such
intimation or such extended period, not exceeding a further period of six months, as the
Licensing Authority may, for reasons to be recorded in writing, permit, intimating the
conditions which shall be satisfied before permission could be considered.

1
[(4) No permission for conduct of clinical trial intended for academic purposes in respect

of approved drug formulation shall be required for any new indication or new route of
administration or new dose or new dosage form where,-
(a) the trial is approved by the Ethics Committee; and
(b) subject to the provisions of sub-rule 5, the data generated is not intended for submission to
licensing authority.

 

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1. Ins. by G.S.R. 313(E), dt. 16-03-2016.
(5) The Ethics Committee shall however inform the licensing authority about the cases

approved by it and also about cases where there could be an overlap between the clinical trial
for academic and regulatory purposes and where the said authority does not convey its
comments to the Ethics Committee within a period of thirty days from the date of receipt of
communication from the Ethics Committee, it shall be presumed that no permission from the
licensing authority is required.]

1

[Explanation:- —For the purposes of these rules,—
(a) ―Clinical Trial‖ means a systematic study of any new drug(s) in human subject(s) to
generate data for discovering and/or verifying the clinical, pharmacological (including
pharmacodynamic and pharmacokinetic), and/or adverse effects with the objective of
determining safety and/or efficacy of the new drug;
(b) ―Global Clinical Trial‖ means any clinical trial which is conducted as part of multi-
national clinical development of a drug;
(c) ―Investigational New Drug‖ means a new chemical entity or a product having therapeutic
indication but which has never been tested earlier on human being;
(d) ―New Chemical Entity‖ means an active substances in developmental stage which may be
specified as a drug under the Act, after undergoing any clinical trial.]

2
[****]

3
[122-DAB- Compensation in case of injury or death during clinical trial.-

4
[(1) In case of an injury occurring to the subject during the clinical trial, free medical

management shall be given as long as required or till such time it is established that the injury
is not related to the clinical trial, whichever is earlier.]

(2) In case, the injury occurring to the trial subject is related to the clinical trial, such
subject shall also be entitled for financial compensation as per order of the Licensing
Authority defined under clause (b) of Rule 21, and the financial compensation will be over and
above any expenses incurred on the medical management of the subject.

5
[(2A) In case, there is no permanent injury, the quantum of compensation shall be

commensurate with the nature of the non-permanent injury and loss of wages of the subject.]
(3) In the case of clinical trial related death of the subject, his / her nominee(s) would be

entitled for financial compensation, as per the order of the Licensing Authority defined under
clause (b) of Rule 21 and the financial compensation will be over and above any expenses
incurred on the medical management of such subject.

(4) The expenses on medical management and financial compensation in the case of
clinical trial injury or death of the trial subject shall be borne by the sponsor of the clinical
trial.

(5) Any injury or death of the subject occurring in clinical trial due to following reasons
shall be considered as clinical trial related injury or death and the subject or his/her
nominees(s), as the case may be, are entitled for financial compensation for such injury or
death:

(a) Adverse effect of investigational product(s);
(b) Violation of the approved protocol, scientific misconduct or negligence by the

sponsor or his representative or the investigator;
1. Subs. by G.S.R. 826 (E), dt. 30-10-2015 with following explanation.

―Explanation.−For the purpose of these rules Investigational New Drug means a new chemical entity or a
product having therapeutic indication but which have never been earlier tested on human beings.‖
2. Omitted rule 122DAA by G.S.R. 826 (E), dt. 30-10-2015, before omission it stood as under:

―122DAA. Definition of Clinical trial.–For the purpose of this Part, ―Clinical trial‖ means a systematic study
of new drug(s) in human subject(s) to generate data for discovering and/or verifying the clinical, pharmacological
(including pharmacodynamic and pharmacokinetic) and/or adverse effects with the objective of determining
safety and / or efficacy of the new drug.‖
3. Ins. by G.S.R. 53 (E), dt. 30-01-2013.
4. Subs. by G.S.R. 889 (E), dt. 12-12-2014.
5. Ins. by G.S.R. 889 (E), dt. 12-12-2014.

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(c) Failure of investigational product to provide intended therapeutic effect, where, the
standard care, though available, was not provided to the subject as per the clinical trial
protocol;

(d) Use of placebo in a placebo-controlled trial where, the standard care, though
available, was not provided to the subject as per the clinical trial protocol;

(e) Adverse effects due to concomitant medication excluding standard care,
necessitated as part of approved protocol;

(f) For injury to a child in-utero because of the participation of parent in clinical trail;
(g) Any clinical trial procedures involved in the study.
(6) The sponsor, whether a pharmaceutical company or an institution shall give an

undertaking along with the application for clinical trail permission to the Licensing Authority
defined in clause (b) of Rule 21, to provide compensation in the case of clinical trial related
injury or death for which subjects are entitled to compensation.

(7) In case, the sponsor fails to provide medical management for the injury to the subject
and / or financial compensation to the trial subject for clinical trial related injury or financial
compensation to the subject‘s nominee(s) in case of clinical trial related death of the subject,
the Licensing Authority may after giving an opportunity to show cause why such an order
should not be passed, by an order in writing, stating the reasons thereof, suspend or cancel the
clinical trial and / or restrict Sponsor including his representative(s) to conduct any further
clinical trials in the country or take any other action deemed fit under the rules.]

1
[122 DAC. Permission to conduct clinical trial:- (1) The Licensing Authority as defined

in clause (b) of Rule 21, on being satisfied that the data submitted along with the application in
support of the proposed clinical trial is adequate in all respects, issue permission for conduct
of clinical trial, subject to the following conditions, namely:-

(a) Clinical trial shall be conducted in compliance with the approved protocols,
requirements of Schedule Y annexed to these rules, Good Clinical Practice Guidelines for
conduct of clinical trials in India and other applicable regulations;

(b) Approval of the Ethics Committee shall be obtained before initiation of the study;
(c) Clinical trial shall be registered at Clinical Trials Registry of India before enrolling

the first patient for the study;
(d) Annual status report of each clinical trial, as to whether it is ongoing, completed or

terminated, shall be submitted to the Licensing Authority and in case of termination of any
clinical trial the detailed reasons for the same shall be communicated to the said Licensing
Authority;

(e) Any report of serious adverse event occurring during clinical trial to the subject,
after due analysis, shall be forwarded within ten days of its occurrence as per Appendix XI
and in compliance with the procedures prescribed in Schedule Y;

(f) In case of an injury or death during the clinical trial to the subject of the clinical trial
the applicant shall provide complete medical management and compensation in the case of
trial related injury or death in accordance with Rule 122 DAB and the procedures prescribed
under Schedule Y, and the details of compensation provided in such cases shall be intimated to
the Licensing Authority within thirty days of the receipt of the order of the said authority;

(g) The premises of Sponsor including their employees, subsidiaries and branches,
their agents, contractors and sub-contractors and clinical trial sites shall be open to
inspection by the officers authorized by the Central Drugs Standard Control Organization,
who may be accompanied by an officer of the State Drug Control Authority concerned, to
verify compliance to the requirements of Schedule Y, Good Clinical Practices guidelines for
conduct of clinical trials in India and other applicable regulations;

1. Ins. by G.S.R. 63 (E), dt. 01-02-2013.

 

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(h) The Sponsor including their employees, subsidiaries and branches, their agents,
contractors and sub-contractors and clinical trial sites and the investigator shall allow officers
authorized by the Central Drug Standard Control Organization, who may be accompanied by
an officer of the State Drug Control Authority concerned, to enter with or without prior notice,
any premises of sponsor including their employees, subsidiaries and branches, their agents,
contractors and sub-contractors and clinical trial sites to inspect, search and seize any record,
data, document, books, investigational drugs etc. related to clinical trials and provide adequate
replies to any queries raised by the inspecting authority in relation to the conduct of clinical
trial;

(2) Notwithstanding the conditions specified in sub-Rule (1), the Licensing Authority, on
being satisfied that the data submitted along with the application in support of the proposed
clinical trial is adequate in all respect, may also impose such additional conditions for issuance
of permission in respect of specific clinical trials, if considered necessary, regarding the
objective, design, subject population, subject eligibility, assessments, conduct and treatment
of such clinical trial.

(3) If any Sponsor including their employees, subsidiaries and branches, their agents,
contractors and sub-contractors, Investigators conducting clinical trial and clinical trial sites
fail to comply with any of the above conditions, the Licensing Authority, may, after giving an
opportunity to show cause why such an order should not be passed, by an order in writing
stating the reasons thereof,-

(a) Issue warning letter giving details of deficiency found during the inspection, which
might affect the right or well-being of the clinical trial subject or the validity of the study
conducted at that site;

(b) Recommend that study may be rejected or discontinued;
(c) Suspend or cancel the clinical trial permission;
(d) Debar the Investigator(s), Sponsor including their employees, subsidiaries and

branches, their agents, contractors and sub-contractors to conduct any clinical trial in future.
(4) The Sponsor including their employees, subsidiaries and branches, their agents,

contractors and sub-contractors and clinical trial Investigators, against whom action as
mentioned in sub- Rule (3) has been taken by the Licensing Authority, may, within ninety
days of the receipt of the copy of the order of the Licensing Authority prefer an appeal to the
Central Government, and the Central Government may, after giving such appellant an
opportunity of being heard, confirm, reverse or modify such order.]

122DB. Suspension or cancellation of Permission/Approval.- If the importer or

manufacturer under this Part fails to comply with any of the conditions of the permission or
approval, the Licensing Authority may, after giving an opportunity to show cause why such
an order should not be passed, by an order in writing stating the reasons therefor, suspend or
cancel it.

122DC. Appeal.- Any person aggrieved by an order passed by the Licensing Authority

under this Part, may within sixty days from the date of such order, appeal to the Central
Government, and the Central Government may, after such enquiry into the matter as is
considered necessary, pass such order in relation thereto as it thinks fit.

1
[122 DD. Registration of Ethics Committee:- (1) No Ethics Committee shall review and

accord its approval to a clinical trial protocol without prior registration with the Licensing
Authority as defined in clause (b) of Rule21:

Provided that any Ethics Committee, existing on the date of commencement of the
Drugs and Cosmetics (Third Amendment) Rules, 2013, who has already reviewed and
accorded approval to clinical trial protocol, shall obtain registration within a period of forty-
five days from the date of commencement of Drugs and Cosmetics (Third Amendment) Rules,
2013.

1. Ins. by G.S.R. 72 (E), dt. 08-02-2013.

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(2) An application for registration of Ethics Committee shall be made to the Licensing

Authority in accordance with the requirements as specified in the Appendix VIII of Schedule
Y.

(3) The Licensing Authority after being satisfied that the requirements have been
complied with, may grant registration to the Ethics Committee subject to such conditions as
may be stated therein.

(4) The Ethics Committee shall review and accord its approval to a clinical trial and also
carry ongoing review of the trial at appropriate intervals, as specified in Schedule Y, and the
Good Clinical Practice Guidelines for Clinical Trials in India and other applicable regulatory
requirements for safeguarding the rights, safety and well-being of the trial subjects.

(5) In the case of any serious adverse event occurring to the clinical trial subjects during
the clinical trial, the Ethics Committee shall analyze and forward its opinion as per procedure
specified under APPENDIX XII of Schedule Y.

(6) The Ethics Committee shall allow inspectors or officials authorized by the Central
Drugs Standard Control Organization to enter its premises to inspect any record, data or any
document related to clinical trial and provide adequate replies to any query raised by such
inspectors or officials, as the case may be in relation to the conduct of clinical trial.

(7) The registration, unless it is suspended or cancelled, shall be valid for a period of three
years from the date of issue:

Provided that if the application for re-registration is received by the Licensing Authority
within three months before the expiry, the registration shall continue to be in force until orders
are passed by the said authority:

Provided further that the Licensing Authority shall be informed in writing in case of any
change in the membership or the constitution of the Ethics Committee takes place.

(8) If the Licensing Authority is not satisfied, he shall reject the application and shall
inform the applicant of the reasons for such rejection and the conditions which must be
satisfied before the registration can be granted.

(9) If the Ethics Committee fails to comply with any of the conditions of registration, the
Licensing Authority may, after giving an opportunity to show cause why such an order should
not be passed, by an order in writing stating the reasons therefor, suspend or cancel the
registration of the Ethics Committee for such period as considered necessary.

(10) The Ethics Committee whose registration has been suspended or cancelled by the
Licensing Authority, may, within ninety days of the receipt of the copy of the order, prefer an
appeal to the Central Government and the Central Government may after giving an opportunity
of being heard, confirm, reverse or modify such order.

Explanation:- For the purpose of this Rule an Ethics Committee is a committee
comprising of medical, scientific, non-medical and nonscientific members, whose
responsibility is to ensure the protection of the rights, safety and will-being of human subjects
involved in a clinical trial and it shall be responsible for reviewing and approving the protocol,
the suitability of the investigators, facilities, methods and adequacy of information to be used
for obtaining and documenting informed consent of the study subjects and adequacy of
confidentiality safeguards.]

122E. Definition of new drug.- For the purpose of this Part, new drug shall mean and

include-
1 2
[(a) A drug, as defined in the Act including bulk drug substance [or

phytopharmaceutical drug] which has not been used in the country to any significant extent
under the conditions prescribed, recommended or suggested in the labelling thereof and has
not been recognized as effective and safe by the licensing authority mentioned under rule 21
for the proposed claims:

1. Ins. by G.S.R. 591 (E), dt. 17-8-1999.
2. Ins. by G.S.R. 918 (E), dt. 30-11-2015.

 

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Provided that the limited use, if any, has been with the permission of the licensing
authority.]

(b) A drug already approved by the Licensing Authority mentioned in Rule 21 for

certain claims, which is now proposed to be marketed with modified or new claims, namely,
indications, dosage, dosage form (including sustained release dosage form) and route of
administration.

(c) A fixed dose combination of two or more drugs, individually approved earlier for

certain claims, which are now proposed to be combined for the first time in a fixed ratio, or if
the ratio of ingredients in an already marketed combination is proposed to be changed, with
certain claims, viz. indications, dosage, dosage form (including sustained release dosage
form) and route of administration. (See items (b) and (c) of Appendix VI to Schedule Y.)

Explanation.- For the purpose of this rule−

1
[(i) all vaccines and Recombinant DNA (r-DNA) derived drugs shall be new drugs

unless certified otherwise by the Licensing Authority under Rule 21;]

(ii) a new drug shall continue to be considered as new drug for a period of four years

2
from the date of its first approval [***].]

 

1. Ins. by G.S.R. 45(E), dt. 24.01.2011.
2. Omitted by G.S.R. 724(E), dt. 7.11.2013, the following words,-
―or its inclusion in the Indian Pharmacopoeia Whichever is earlier‖.

 

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1
[PART XB

REQUIREMENTS FOR THE COLLECTION, STORAGE,

PROCESSING AND DISTRIBUTION OF WHOLE HUMAN BLOOD,
HUMAN BLOOD COMPONENTS BY BLOOD BANKS

ANDMANUFACTURE OF BLOOD PRODUCTS
2
[122EA. Definitions.- (1) In this Part and in the Forms contained in Schedule A and in

3
Part XII-B, [Part XII-C and Part XIID] of Schedule F, unless there is anything repugnant in
the subject or context−

 

(a) ―apheresis‖ means the process by which blood drawn from a donor, after
separating plasma or platelets, or leucocytes, is re-transfused simultaneously into the said
donor;

 

(b) ―autologous blood‖ means the blood drawn from the patient for re-transfusion
unto himself later on;

 

(c) ―blood‖ means and includes whole human blood, drawn from a donor and mixed
with an anti-coagulant;

 

(d) ―blood bank‖ means a place or organization or unit or institution or other
arrangements made by such organization, unit or institution for carrying out all or any of
the operations for collection, apheresis, storage, processing and distribution of blood
drawn from donors and/or for preparation, storage and distribution of blood components;

 

(e) ―blood component‖ means a drug prepared, obtained, derived or separated from a
unit of blood drawn from a donor;

 

(f) ―blood product‖ means a drug manufactured or obtained from pooled plasma of
blood by fractionation, drawn from donors;

4
[(fa) ―cord blood bank‖ means a place or organization or unit for carrying out and

responsible for operations of collection, processing, testing, banking, selection and
release of cord blood units;]

(g) ―donor‖ means a person who voluntarily donates blood after he has been declared
fit after a medical examination, for donating blood, on fulfilling the criteria given
hereinafter, without accepting in return any consideration in cash or in kind from any
source but does not include a professional or a paid donor.

 

Explanation.- For the purposes of this clause, benefits or incentives like pins, plaques,
badges, medals, commendation certificates, time-off from work, membership of blood
assurance programme, gifts of little or intrinsic monetary value shall not be construed as
consideration;

 

(h) ―leucapheresis‖ means the process by which the blood drawn from a donor, after
leucocyte concentrates have been separarated is re-transfused simultaneously into the
said donor;

 

(i) ―plasmapheresis‖ means the process by which the blood drawn from a donor, after
plasma has been separated, is re-transfused during the same sitting into the said donor;

 

(j) ―plateletpheresis‖ means the process by which the blood drawn from a donor, after
platelet concentrates have been separated, is re-transfused simultaneously into the said
donor;

 

(k) ―professional donor‖ means a person who donates blood for a valuable
consideration, in cash or kind, from any source, on behalf of the recipient-patient and
includes a paid donor or a commercial donor;

(l) ―replacement donor‖ means a donor who is a family friend or a relative of the
patient-recipient.]

1. Ins. by G.S.R. 28(E), dt. 22-1-1993.
2. Ins. by G.S.R. 245 (E), dt. 5-04-1999.
3. Subs. by G.S.R. 899 (E), dt. 27-12-2011.
4. Ins. by G.S.R. 899 (E), dt. 27-12-2011.

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4
[(m) ―umbilical cord blood‖ is the whole blood including Hematopoietic Progenitor Cells

collected from placental and or Umbilical cord blood vessels after the umbilical cord have
been clamped.]

122-F. Form of application for licence for operation of Blood Bank/processing of

whole human blood for components/manufacture of blood products for sale or
4

distribution [, collection, processing, testing, storage, banking and release of umbilical cord
blood stem cells.]- (1) Application for the grant and/or renewal of licence for the operation
of a Blood Bank/processing of human blood for components/manufacture of blood

4
products [ collection, processing, testing, storage, banking and release of umbilical cord blood

1
stem cells] shall be made to the Licensing Authority appointed under Part VII in [Form 27-

5 3
C or [Form 27-E or Form 27-F], as the case may be], and shall be accompanied by [licence
fee of rupees six thousand and an inspection fee of rupees one thousand and five hundred for
every inspection thereof or for the purpose of renewal of licence]:

 

Provided that if the applicant applies for renewal of licence after its expiry but within six
3

months of such expiry the fee payable for the renewal of the licence [shall be rupees six
thousand and inspection fee of rupees one thousand and five hundred plus an additional fee at
the rate of rupees one thousand per month or a part thereof in addition to the inspection fee]:

5
[Provided further that a licensee holding a license in Form 28-C, Form 28-E or Form 28-

F as the case may be, for operation of Blood Bank/ processing of whole human blood for
components / manufacture of blood products / collection, processing testing storage, banking
and release of umbilical cord blood stem cells shall apply for grant of license under sub Rule
(1) before the expiry of the said license in Form 27-C, Form 27-E or Form 27-F as the case
may be and he shall continue to operate the same till the orders on his application are
communicated to him.]

2
[***]

3
(2) A fee of [rupees one thousand] shall be paid for a duplicate copy of a licence issued

under this rule, if the original is defaced, damaged or lost.

(3) Application by a licensee to manufacture additional drugs listed in the application
3

shall be accompanied by a fee of [rupees three hundred] for each drug listed in the
application.

 

(4) On receipt of the application for the grant or renewal of such licence, the Licensing
Authority shall,–

 

(i) verify the statements made in the application form;
(ii) cause the manufacturing and testing establishment to be inspected in accordance

with the provision of rule 122-I; and
(iii) in case the application is for renewal of licence, call for information of past

performance of the licensee.

(5) If the Licensing Authority is satisfied that the applicant is in a position to fulfil the
requirements laid down in the rules, he shall prepare a report to that effect and forward it
6
[along with the application and the licence (in triplicate) to be granted or renewed, duly

completed] to the Central Licence Approving Authority:

Provided that if the Licensing Authority is of the opinion that the applicant is not in a
position to fulfil the requirements laid down in these rules, he may, by order, for reasons to be
recorded in writing, refuse to grant or renew the licence, as the case may be.

 

(6) If, on receipt of the application and report of the Licensing Authority referred to in
7

sub-rule [(5)] and after taking such measures including inspection of the premises by the
Inspector, appointed by the Central Government under section 21 of the Act, and/or along

 

1. Subs. by G.S.R. 245(E), dt. 5.4.1999. 4. Ins. by G.S.R. 899 (E), dt. 27-12-2011.
2. Explanation omitted by G.S.R. 733 (E), dt. 21.12.2005 earlier Ins. by G.S.R. 89(E), dt. 14-2-1996.
3. Subs. by G.S.R. 601(E), dt. 24-8-2001. 5. Subs. by G.S.R. 899 (E), dt. 27-12-2011.
6. Ins. by G.S.R. 89 (E), dt. 14.2.1996.
7. Corrected by corrigendum G.S.R. 447 (E), dt. 10-06-1993.

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with the Expert in the field concerned if deemed necessary, the Central Licence Approving
Authority is satisfied that the applicant is in a position to fulfil the requirements laid down in
these rules, he may grant or renew the licence, as the case may be:

Provided that if the Central Licence Approving Authority is of the opinion that the
applicant is not in a position to fulfil the requirements laid down in these rules he may,
notwithstanding the report of the Licensing Authority, by order, for reasons to be recorded in
writing, reject the application for grant or renewal of licence, as the case may be, and shall
supply the applicant with a copy of the inspection report.

122G. Form of Licence for the operation of a Blood Bank/processing of whole

3
human blood for components and manufacture of blood products [/manufacture of blood
products/collection, processing, testing, storage, banking and release of umbilical cord
blood stem cells] and the conditions for the grant or renewal of such licence.− 2[(1)] A
licence for the operation of a Blood Bank or for processing whole human blood for

3
components and [/manufacture of blood products/collection, processing, testing, storage,

1
banking and release of umbilical cord blood stem cells] shall be issued in [Form 28C or Form

3
28E or [Form 28F or Form 26G or Form26-I or Form 26J, as the case may be, before a
license in Form 28C or Form 28E or Form28-F or Form 26G or Form 26-I or Form 26-J], as
the case may be,] is granted or renewed the following conditions shall be complied with by the
applicant:-

1
[(i) The operation of Blood Bank and/or processing of whole human blood for

components shall be conducted under the active direction and personal supervision of
competent technical staff consisting of at least one person who is whole time employee
and who is Medical Officer, and possessing-

(a) Postgraduate degree in Medicine – M.D (Pathology/Transfusion
Medicines); or

 

(b) Degree in Medicine (M.B.B.S.) with Diploma in Pathology or Transfusion
Medicines having adequate knowledge in blood group serology, blood group
methodology and medical principles involved in the procurement of blood and/or
preparation of its components; or

 

(c) Degree in Medicine (M.B.B.S.) having experience in Blood Bank for one
year during regular service and also has adequate knowledge and experience in
blood group serology, blood group methodology and medical principles involved in
the procurement of blood and/or preparation of its components,

 

the degree or diploma being from a University recognized by the Central Government.

Explanation.- For the purposes of this condition, the experience in Blood Bank for
one year shall not apply in the case of persons who are approved by the Licensing
Authority and/or Central Licence Approving Authority prior to the commencement of
the Drugs and Cosmetics (Second Amendment) Rules, 1999].

 

(ii) The applicant shall provide adequate space, plant and equipment for any or all
the operations of blood collection or blood processing. The space, plant and equipment

4
required for various operation is given in Schedule ‗F‘, Part XIIB and/or XIIC [or XIID].

 

(iii) The applicant shall provide and maintain adequate technical staff as specified in
4

Schedule F, Part XIIB and/or XIIC [or XIID].
(iv) The applicant shall provide adequate arrangements for storage of whole

human blood, human blood components and blood products.

(v) The applicant shall furnish to the Licensing Authority, if required to do so,
data on the stability of whole human blood, its components or blood products
which are likely to deteriorate, for fixing the date of expiry which shall be printed
on the labels of such products on the basis of the data so furnished.

1. Ins. by GSR 245(E), dt. 5-4-1999.
2. Renumbered as sub-rule (1) by GSR 733(E), dt. 21-12-2005.
3. Subs. by GSR 899(E), dt. 27-12-2011. 4. Ins. by GSR 899(E), dt. 27-12-2011.

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3
[(2) Application for grant or renewal of a licence for operation of Blood Bank or processing

of human blood components shall be made by the Blood Bank run by the Government, Indian
Red Cross Society, hospital, charitable trust or voluntary organization approved by a State/
Union Territory Blood Transfusion Council only.

Explanation.– For the purpose of this sub-rule, ―renewal‖ shall include renewal of any
licenceissued prior to the commencement of the Drugs and Cosmetics (……..Amendment)
Rules,2005.]

1 4
122H. Duration of licence.- An original licence in [Form 28C or Form 28E [or Form

4
28F] or a renewed licence in Form 26G or Form 26-I] [or Form 26J] unless sooner

2
suspended or cancelled shall be [valid for a period of five years on and from the date on
which] it is granted or renewed.

 

122-I. Inspection before grant or renewal of licence for operation of Blood Bank,
processing of whole human blood for components and manufacture of blood

1 4
products.- Before a licence in [Form 28C or Form 28E [or Form 28F] is granted or a

4
renewal of licence in form 26G or Form 26-I [or Form 26J] is made, as the case may be,] the
Licensing Authority or the Central Licence Approving Authority, as the case may be, shall
cause the establishment in which Blood Bank is proposed to be operated/whole human blood
for components is processed/ blood products are manufactured to be inspected by one or
more Inspectors, appointed under the Act and/or along with the Expert in the field concerned.
The Inspector or Inspectors shall examine all portions of the premises and
appliances/equipments and inspect the process of manufacture intended to be employed or
being employed along with the means to be employed or being employed for operation of
blood bank/processing of whole human blood for components/manufacture of blood
products together with their testing facilities and also enquire into the professional
qualification of the expert staff and other technical staff to be employed.

 

122J. Report by Inspector.-The Inspector or Inspectors shall forward a detailed
descriptive report giving his findings on each aspect of inspection along with his
recommendation in accordance with the provisions of rule 122-I to the Licensing Authority or
to the Central Licence Approving Authority.

 

122K. Further application after rejection.- If within a period of six months from the
rejection of application of a licence the applicant informs the Licensing Authority that the

2
conditions laid down have been satisfied and deposits an inspection [fee of rupees two
hundred and fifty] the Licensing Authority may, if after causing further inspection to be made

1
is satisfied that the conditions for the [grant or renewal of a licence have been complied with,

4
shall grant or renew the licence in Form 28C or Form 28E [or Form 28F]:

Provided that in the case of a drug notified by the Central Government under rule 68-A,
the application, together with the inspection report and the Form of licence (in triplicate to be
granted or renewed), duly completed shall be sent, to the Central Licence Approving
Authority, who may approve the same and return it to the Licensing Authority for issue of the
licence.]

 

122L. Delegation of powers by the Central Licence Approving Authority.- The Central
Licence Approving Authority may, with the approval of the Central Government, by
notification delegate his powers of signing licences and any other power under rules to
persons under his control having same qualifications as prescribed for Controlling Authority
under rule 50-A, for such areas and for such periods as may be specified.

 

122M. Provision for appeal to the State Government by a party whose licence has not
been granted or renewed.- Any person who is aggrieved by the order passed by the Licensing
Authority or Central Licence Approving Authority, as the case may be, may within thirty
days from the date of receipt of such order, appeal to the State Government or Central
Government, as the case may be, after such enquiry into the matter as it considers necessary
and after giving the said person an opportunity for representing his view in the matter may
pass such order in relation thereto as it thinks fit.

1. Ins. by G.S.R 245(E), dt. 5-4-1999. 3. Ins. by G.S.R 733(E), dt. 21-12-2005.
2. Subs. by G.S.R 601(E), dt. 24-8-2001. 4. Ins. by GSR 899(E), dt. 27-12-2011.

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122-N. Additional information to be furnished by an applicant for licence or by a
licensee to the Licensing Authority.- The applicant for the grant of licence or any person
granted a licence under the Part shall, on demand furnish to the Licensing Authority, before
the grant of the licence or during the period the licence is in force, as the case may be,
documentary evidence in respect of the ownership or occupation, rental or other basis of the
premises, specified in the application for licence or in the licence granted, constitution of the
firm or any other relevant matter, which may be required for the purpose of verifying the
correctness of the statement made by the applicant or the licensee, while applying for or after
obtaining the licence, as the case may be.

 

122-O. Cancellation and suspension of licences.− (1) The Licensing Authority or Central

Licence Approving Authority may for such licences granted or renewed by him after giving
the licensee an opportunity to show cause why such an order should not be passed by an order
in writing stating the reason thereof, cancel a licence issued under this part or suspend it for
such period as he thinks fit, either wholly or in respect of some of the substances to which it

1
relates [or direct the licensee to stop collection, storage, processing, manufacture and

2
distribution of the said substances and [thereupon order the destruction of substances and]
stocks thereof in the presence of an Inspector], if in his opinion, the licensee has failed to
comply with any of the conditions of the licence or with any provisions of the Act or Rules
thereunder.

 

(2) A licensee whose licence has been suspended or cancelled may, within three months

of the date of the order under sub-rule (1) prefer an appeal against the order to the State
Government or Central Government, which shall decide the same.

3 4

122-P. Conditions of licence.- [A licence in Form 28C, Form 28E, [Form 28F, Form
26G, Form 26-I or Form 28J shall be subject to the special conditions set out in Schedule F,
Part XII-B and Part XII C, Part XIID,] as the case may be, which relate to the substance in
respect of which the licence is granted or renewed and to the following general conditions,
namely:-]

(i) (a) The licensee shall provide and maintain adequate staff, plant and premises

for the proper operation of a Blood Bank for processing whole human blood, its
components and/or manufacture of blood products.

(b) The licensee shall maintain staff, premises and equipment as specified in Rule

122-G. The licensee shall maintain necessary records and registers as specified in
Schedule F, Parts XII-B and XII-C.

(c) The licensee shall test in his own laboratory whole human blood, its

components and blood products and maintain records and registers in respect of such tests
5

as specified in Schedule F, Parts XIIB and XIIC [or XIID]. The records and register shall
be maintained for a period of five years from the date of manufacture.

(d) The licensee shall maintain/preserve reference sample and supply to the
Inspector the reference sample of the whole human blood collected by him in an adequate
quantity to conduct all the prescribed tests. The licensee shall supply to the Inspector the
reference sample for the purpose of testing.

1. Subs. by G.S.R. 20(E), dt. 11-1-1996.
2. Ins. by (Corrigenda) G.S.R. 514 (E), dt. 6-11-1996.
3. Subs. by G.S.R. 245(E), dt. 5-4-1999.
4. Subs. by GSR 899(E), dt. 27-12-2011.
5. Ins. by GSR 899(E), dt. 27-12-2011.

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(ii) The licensee shall allow an Inspector appointed under the Act to enter, with or
without prior notice, any premises where the activities of the Blood Bank are being
carried out for the processing of Whole Human Blood and/or Blood Products, to inspect
the premises and plant and the process of manufacture and the means employed for
standardizing and testing the substance.

 

(iii) The licensee shall allow an Inspector appointed under the Act to inspect all
registers and records maintained under these rules and to take samples of the
manufactured product and shall supply to the Inspector such information as he may
require for the purpose of ascertaining whether the provisions of the Act and rules
thereunder have been observed.

 

(iv) The licensee shall from time to time report to the Licensing Authority any
changes in the expert staff responsible for the operation of a Blood Bank/processing of
whole human blood for components and/or manufacture of blood products and any
material alterations in the premises or plant used for that purpose which have been made
since the date of last inspection made on behalf of the Licensing Authority before the
grant of the licence.

 

(v) The licensee shall on request furnish to the Licensing Authority, or Central
Licence Approving Authority or to such Authority as the Licensing Authority, or the
Central Licence Approving Authority may direct, from any batch unit of drugs as the
Licensing Authority or Central Licence Approving Authority may from time to time
specify, sample of such quantity as may be considered adequate by such Authority for
any examination and, if so required, also furnish full protocols of the test which have
been applied.

 

(vi) If the Licensing Authority or the Central Licence Approving Authority so
directs, the licensee shall not sell or offer for sale any batch/unit in respect of which a
sample is, or protocols are furnished under the last preceding sub-paragraph until a
certificate authorizing the sales of batch/unit has been issued to him by or on behalf of the
Licensing Authority or the Central Licence Approving Authority.

 

(vii) The licensee shall on being informed by the Licensing Authority or the
Controlling Authority that any part of any batch/unit of the substance has been found by
the Licensing Authority or the Central Licence Approving Authority not to conform with
the standards of strength, quality or purity specified in these Rules and on being directed
so to do, withdraw, from sales and so far as may in the particular circumstances of the
case be practicable recall all issues already made from that batch/unit.

 

(viii) No drug manufactured under the licence shall be sold unless the precautions
necessary for preserving its properties have been observed throughout the period after
manufacture. Further no batch/unit manufactured under this licence shall be
supplied/distributed to any person without prescription of a Registered Medical
Practitioner.

 

(ix) The licensee shall comply with the provisions of the Act and of these Rules and
with such further requirements, if any, as may be specified in any Rules subsequently
made under Chapter IV of the Act, provided that where such further requirements are
specified in the Rules, these would come in force four months after publication in the
Official Gazette.

 

(x) The licensee shall maintain an Inspection Book in Form 35 to enable an Inspector
to record his impression and defects noticed.

 

(xi) The licensee shall destroy the stock of batch/unit which does not comply
with standard tests in such a way that it would not spread any disease/infection by
way of proper disinfection method.

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Drugs and Cosmetics Rules 1945

1
[(xii) All bio-medical waste shall be treated, disposed of or destroyed as per

the provisions of the Bio-Medical Wastes (Management and Handling) Rules,
1996.

 

(xiii) The licensee shall neither collect blood from any professional donor or
paid donor nor shall he prepare blood components and/or manufacture blood
products from the blood drawn from such a donor.]

 

PART XI

EXEMPTIONS

123. The drugs specified in Schedule K shall be exempted from the provisions of Chapter
IV of the Act and the Rules made thereunder to the extent and subject to the conditions
specified in that Schedule.

 

PART XII

STANDARDS

2[124. Standards of drugs: –

(1) For drugs included in the Indian Pharmacopoeia—

(a) The standards for identity, purity and strength shall be those as may be
specified in the edition of the Indian Pharmacopoeia for the time being in force.

(b) In case the standards for identity, purity and strength for drugs are not

specified in the edition of the Indian Pharmacopoeia for the time being in force but
are specified in the edition of the Indian Pharmacopoeia immediately preceding, the
standards for identity, purity and strength shall be those occurring in such
immediately preceding edition of the Indian Pharmacopoeia.

 

(2) For other drugs–

(a) The standards for identity, purity and strength shall be those as may be
specified in the edition of the official pharmacopoeia, for the time being in force, of
any country to which the drug claims to comply with,

 

(b) In case the standards for identity, purity and strength for drugs are not
specified in the edition of such official pharmacopoeia for the time being in force,
but are specified in the edition immediately preceding, the standards for identity,
purity and strength shall be those occurring in such immediately preceding edition
of such official pharmacopoeia to which the drug claims to comply with.

 

(c) For drugs for which standards are not included in the edition of the official
pharmacopoeia, for the time being in force, of any country or in edition
immediately preceding, but included in the official compendia of drug standards,
namely, the British Pharmaceutical Codex or the National Formulary of the United
States, for the time being in force, to which the drug claims to comply with.]

3
[124A. Standards for veterinary drugs. –For drugs intended for veterinary use,

the standards shall be those given in the current edition for the time being in force of the
4
[British Pharmacopoeia (Veterinary)].

 

 

1. Subs. by G.S.R. 245(E), dt. 5-4-1999.
2. Subs. by G.S.R. 19, dt. 15-12-1977.
3. Ins. by notification F. 1-6/62-D (SO 2889), dt. 2-7-1969.
4. Subs. by G.S.R. 647 (E), dt. 28-10-1998.

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Drugs and Cosmetics Rules 1945

1
[124B. Standards for patent or proprietary medicines.— The standards for patent or

proprietary medicines shall be those laid down in Schedule V and such medicines shall also

comply with the standards laid down in the Second Schedule to the Act.

2
[124C. Standards for Surgical Dressings.-The standards for Surgical Dressings shall be

such as are laid down in Schedule F (II).]

3
[124D. Standards for Sterilised Umbilical tapes.- The standards for Sterilised Umbilical

tapes shall be as laid down in Schedule F(III).]

4
[125. Standards for substances (other than food) intended to affect the structure or

any function of human body—contraceptives.—(1) The standards for mechanical

contraceptives shall be such as are laid down in Schedule R.

(2) The standards which other contraceptives will have to comply with shall be in

conformity with the formulae approved as safe and efficacious by the Central Government.

Such formula shall be displayed on the label of every container of such contraceptive.

5
[125A. Standards for Medical Devices. —The standards for the Medical Devices shall be

such as are laid down in Schedule R-1.]

6
[126. Standards for substances intended to be used for the destruction of vermin

9
or insects which cause [***] disease in human beings or animals.- Disinfectants.

 

The standards of disinfectants shall be such as are laid down in Schedule O.]

7 8
[126A Standards for ophthalmic preparations [including Homoeopathic ophthalmic

8
preparations].—The standards for ophthalmic preparations [including Homoeopathic

ophthalmic preparations] shall be those laid down in Schedule FF, and such preparations shall

also comply with the standards set out in the Second Schedule to the Act.]

1. Ins. by G.S.R. 665, dt. 28-5-1977.

2. Ins. by G.S.R. 318 (E), dt. 1-5-1984.

3. Ins. by G.S.R. 1115 (E), dt. 30-9-1986.

4. Amended by F-1-28/65D (SO 886), dt. 8-3-1966.

5. Ins. by G.S.R. 109 (E), dt. 22-2-1994.

6. Amended by F.1-20/60-D, dt. 24-1-1964.

7. Ins. by F 1-113/60-D (SO 23), dt. 23-12-1969.

8. Subs. by G.S.R. 245 (E), dt. 17-6-1996.

9. Subs heading ―Insecticides‖ and the entry relating thereto omitted by GSR 139, dt. 8-1-1976.

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1
[127. List of colours permitted to be used in drugs.−(1) No drug shall contain a colour

other than specified below :-

(1) Natural Colours

Annatto

Carotene

Chlorophyll

Cochineal

Curcumin

Red Oxide of iron

Yellow Oxide of iron
2
[Titanium Oxide]

3
[Black Oxide of iron]

6
[Titanium dioxide coated mica pearlescent pigments]

(2) Artificial Colours

Caramel
4
[Riboflavin]

(3) Coal Tar Colours

Common name of the colour Colour Index Chemical Name
Number

 

1 2 3

GREEN
Quinazarine Green S.S. 61565 1, 4-bis (p-Toluino) anthraquinone.

 

Alizarin Cyanine Green F. 61570 Disodium salt of 1, 4-bis (O-sulfo-p-
Toluino) anthra-quinone.

2
[Fast Green F.C.F. 42053 Disodium salt of 4-{[4-(N-ethyl-p

Sulfobenzylamino)-phenyl-]-(4-hydroxy-
2- sulfoniumphenyl)-methylene}

[1-(N-ethyl-N-p-sulfobenzyl]∆
2, 5-cyclohexadienimine].

5
[** * * *]

YELLOW
Tartrazine 19140 Trisodium salt of 3-carboxy-5- hydroxy-l-

p-sulfophenyl-4-p- Sulfophenyl
azopyrazole.

Sunset Yellow FCF 15985 Disodium salt of 1-p-sulfophenyl azo-2-

naphthol-6-sulfonic acid.

1. Amended by S.O. 289, dt. 20-12-1972.

2. Ins. by X.11013/3/76-DM.S (SO 1074), dt. 19-8-1978.

3. Ins. by G.S.R. 370 (E), dt. 7-4-1994.

4. Ins. by G.S.R. 681 (E), dt. 6-6-1988.

5. ―Green S‖ omitted by G.S.R. 753 (E), dt. 4-11-1999.

6. Ins. by G.S.R. 76 (E), dt. 8-2-2012.

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Drugs and Cosmetics Rules 1945

(1) (2) (3)

1
[Quinoline Yellow WS 47005 Disodium salt of disulfonic acid of 2(2-

quinolyl)-1, 3-indandione.]

RED
2
[** ** *]

Erythrosine 45430 Disodium salt of 9-0-carboxyphenyl 6-hydroxy

2,4-5,7-tetriodo-3-isoxanthone

Eosin YS or Eosine G 45380 Disodium of salt of 2,4,5, 7-Tetrabromo- 9-p-
carboxyphenyl-6-hydroxy 3-isoxanthone.

Toney Red or Sudan III 26100 1-p-phenylazophenylaze-2-naphthol.

Ponceau 4 R 16255 Trisodium salt of 1-(4-sulpho-1-1- Napthylazo)-
2 napthol-6 : 8-disulphonic acid.

Carmoisine 14720 Disodium salt of 2-(4-sulpho-1-napthylazo)-1
napthol-4 sulphonic acid.

3[*** * *]

 

BLUE
73015 Disodium salt of indigotin-5 : 5 Disu lphonic

Indigo Carmine Acid

4
[Brilliant Blue FCF 42090 Disodium salt of 4-[ {4-(N-ethyl-p-

sulfobenzylamino)-phenyl }-](2- sulfonium
phenyl)-methylene)-1-(N- ethyl-N-p-
sulfobenzyl)- ∆ 2, 5-cyclohexadienimine.

 

ORANGE
Orange G 16230 Disodium salt of 1-phenylazo-2- naphthol-6, 8-

disulfonic acid.

BROWN
Resorcin Brown 20170 Monosodium salt of 4-p-sulfophenylazo-2-(2, 4-

xylylazo-1, 3 resorcinol.

BLACK
Naphthol Blue Balck 20470 Disodium salt of 8-amino-7-p-nitro- phenylazo-

2-phenylazo-1-naphthol-3, 6-disulfonic acid.

1. Subs. by G.S.R. 11(E), dt. 7-1-1991.
2. ‗Amaranth‘ omitted by G.S.R. 753(E) dt. 4.11.1999.
3. Fast Red omitted by G.S.R. 753, dt. 4-11-1999.
4. Ins. by X.11013/3/76-DM.S, dt. 19-8-1978.

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Drugs and Cosmetics Rules 1945

(4) LAKES

The aluminum or calcium salts (lakes) of any of the water-soluble colours listed
above:

5
[Provided that disinfectants may also contain colours specified under Schedule
Q, which are non-staining.]

(2) The label on the container of a drug containing a permitted colour shall indicate the

common name of the colour.]

128. The following rules are hereby repealed except as respects things done or omitted to
be done under these rules, namely :—

Andhra Pradesh Drugs Rules, 1945.

Assam Drugs Rules, 1945.

Bihar Drugs Rules, 1945.

Bombay Drugs Rules, 1946.

East Punjab Drugs Rules, 1945.

C.P. & Berar Drugs Rules, 1945.

Madras Drugs Rules, 1945.

Orissa Drugs Rules, 1945.

Rajasthan Drugs Rules, 1953.

Saurashtra Drugs Rules, 1953.

Travancore-Cohin Drugs Rules, 1953.

United Provinces Drugs Rules, 1945.

West Bengal Drugs Rules, 1946.

2
[Mysore Drugs Rules, 1954].

1
[PART XIII

3
[IMPORT AND REGISTRATION OF COSMETICS]

4
[129. Registration of cosmetic products imported into the country.- No cosmetic shall

be imported into India unless the product is registered under the rules by the licensing
authority appointed by the Central Government under rule 21 or by any person to whom such
powers may be delegated under rule 22.

129A. Form and manner of application for Registration Certificate.- (1) An application

for issue of a Registration Certificate for cosmetics intended to be imported into India shall
be made in Form 42 either by the manufacturer himself or by his authorised agent or importer
in India or by the subsidiary in India authorised by the manufacturer and shall be accompanied
by a fee of two hundred and fifty US dollars or its equivalent to Indian rupees for each brand
of cosmetic. The application shall be accompanied by a treasury challan as specified in sub-
rule (3) along with the information and undertaking as specified in Schedule D (III) duly
signed by or on behalf of the manufacturer or by his authorised agent or importer in India or
by the subsidiary in India authorised by the manufacturer.

1. Ins. by G.S.R. 1183 dt. 17-8-1964. 5. Ins. by G.S.R. 76 (E), dt. 8-2-2012.
2. Added by notification F. 1-37/58-D, dt. 21-7-1958.
3. Subs. by G.S.R. 426 (E), dt. 19-5-2010.
4. Rules 129 to 129H subs. by G.S.R. 426 (E), dt. 19-5-2010.

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(2) An authorisation by the manufacturer to his agent in India shall be duly authenticated
either in India before a First Class Magistrate or in the country of origin before such an
equivalent authority.

(3) The fees shall be paid through a challan in the designated branches of Bank of Baroda
either in US dollars or in equivalent Indian rupees under Head of Account ―0210-MEDICAL
AND PUBLIC HEALTH, 04 PUBLIC HEALTH, 104-FEES AND FINES‖ and the original
copy of the treasury challan shall be submitted along with the application for product
registration.

Provided that in the case of any direct payment of fees by a manufacturer in the country of
origin, the fees shall be paid through Electronic Clearance System (ECS) from any bank in the
country of origin to the Bank of Baroda, Kasturba Gandhi Marg, New Delhi, through the
Electronic Code of the bank in the Head of Account ―0210-MEDICALAND PUBLIC
HEALTH, 04 PUBLIC HEALTH, 104-FEES AND FINES‖ and the original receipt of the said
transfer shall be treated as an equivalent to the bank challan subject to the approval by the
Bank of Baroda that they have received the payment.

(4) The applicant shall be liable for the payment of testing fees directly to a testing
laboratory approved by the Central Government, as may be, required for examination, tests
and analysis of cosmetics.

(5) A fee of one hundred US dollars or its equivalent shall be paid for a duplicate copy of
the Registration Certificate, if the original is defaced, damaged or lost.

129B. Registration Certificate for the import of cosmetics manufactured by one

manufacturer.-A single application may be made and a single Registration Certificate in Form
43 may be issued in respect of import of one or more than one cosmetics manufactured by the
same manufacturer: Provided that the cosmetics are manufactured at one factory or more than
one factory functioning conjointly as a single manufacturing unit.

129C. Grant of Registration Certificate.- (1) On receipt of an application for Registration

Certificate in the form and manner specified in rule 129A, the licensing authority shall, if
satisfied, issue a Registration Certificate in form 43 subject to the conditions of the registration
certificates in form 43:

Provided that if the application is complete in all respects and information specified in
Schedule D III is in order, the licensing authority shall, within six months from the date of
receipt of an application, issue such Registration Certificate, and in exceptional circumstances
and for reasons to be recorded in writing, the Registration Certificate may be issued within
such extended period, not exceeding three months, as the licensing authority may deem fit.

(2) If the applicant does not receive the Registration Certificate within the period as
specified above, he may appeal to the Central Government and the Central Government may
after such enquiry into the matter, as it considers necessary, may pass such orders in relation
thereto as it thinks fit.

129D. Duration of Registration Certificate.- A Registration Certificate, unless it is sooner

suspended or cancelled, shall be valid for a period of three years from the date of its issue:
Provided that if application for a fresh Registration Certificate is made within six months
before the expiry of the said certificate, the existing Registration Certificate shall be deemed to
continue to remain in force until orders are passed on the application.

129E. Suspension and cancellation of Registration Certificate.- If the manufacturer fails

to comply with any of the conditions of the Registration Certificate, the licensing authority
may after giving him an opportunity to show cause why such an order should not be passed,
by an order in writing, stating the reasons therefor, suspend or cancel the Registration
Certificate for such period as it thinks fit either wholly or in respect of some of the cosmetics
to which it relates: Provided that a person who is aggrieved by the order passed by the
licensing authority under this rule may, within thirty days of the receipt of the order, appeal to
the Central Government and the Central Government may after such enquiry into the matter as
it considers necessary and after giving the said appellant an opportunity of being heard pass
orders as it thinks fit.

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129F. Prohibition of import of certain cosmetic.- No cosmetic, the manufacture, sale or

distribution of which is prohibited in the county of origin, shall be imported under the same
name or under any other name except for the purpose of examination, test or analysis.

129G. Standard for imported cosmetics.- No cosmetic shall be imported unless it complies

with the specifications prescribed under Schedule S and Schedule Q or any other standards of
quality and safety, applicable to it, and other provisions under the rules. In case the cosmetic
is not included under Schedule S, it shall meet with specifications under the rules and
standards applicable to it in the country of origin.

129H. Labeling and Packing of Cosmetics.- No cosmetic shall be imported unless it is

packed and labeled in conformity with the rules in Parts XV. Further the label of imported
cosmetics shall bear registration certificate number of the product and the name and address of
the registration certificate holder for marketing the said product in India.]

130. Documents to be supplied to the Collector of Customs.− Before any cosmetics are

imported, a declaration signed by or on behalf of the manufacturer or by on behalf of the
importer that the cosmetics comply with the provisions of Chapter III of the Act, and the
Rules made there under, shall be supplied to the Collector of Customs.

131. Procedure for the import of cosmetics.− (1) If the officer appointed at the post of

entry by the Central Government has reason to believe that any cosmetic contravenes any of
the provisions of the Act or the rules made thereunder he may take sample of the cosmetic
from the consignment for inspection. If on examination of the sample defects are noticed the
officer shall advise the Collector of Customs for further action to be taken.

If the suspected contravention of the provisions of the Act or the Rules is such as may have
to be determined by test, the officer shall send the sample to the laboratory established for
the purpose for performing such tests. The consignment of the said cosmetic shall be detained
till such time that the test report on such sample is received from the Director of the said
laboratory or any other officer of the laboratory empowered by him in this behalf with the
approval of the Central Government:

Provided that if the importer gives an undertaking in writing not to dispose of the

cosmetic without the consent of the Collector of Customs and to return the consignment or
such portion thereof as may be required, the Collector of Customs shall make over the
consignment to the importer.

(2) If the importer who has given an undertaking under the proviso to sub-rule (1) is

required by the Collector of Customs to return the consignment or portion thereof, he shall
return the consignment or portion thereof within ten days of receipt of the notice.

Further procedure on receipt of the report of analysis
(3) If the Director of the Laboratory established for the purpose by the Central

Government or any other officer of the laboratory empowered by him in this behalf with the
approval of the Central Government, reports to the Collector of Customs or to the officer
mentioned in sub-rule (1) above that the sample of any cosmetic in a consignment
contravenes the provisions of Chapter III of the Act or the Rules made thereunder and that the
contravention is such that it cannot be remedied by the importer, the Collector of Customs
shall communicate the report forthwith to the importer who shall within two months of
receiving such a communication either send back all the cosmetic of that description to the
country in which it was manufactured or to the country from which it was imported or hand it
over to the Central Government which shall cause it to be destroyed:

Provided that the importer may within thirty days of receipt of the report make a

representation against the report to the Collector of Customs who shall forward the
representation with a fresh sample of the cosmetic to the Drugs Controller, India, who after

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obtaining, if necessary, the report of the Director of the Central Drugs Laboratory shall pass
orders thereon which shall be final.

(4) If the Drugs Controller or any other officer empowered by him in this behalf with the
approval of Central Government reports to the Collector of Customs after the inspection of
the sample of cosmetic and if necessary, after obtaining a test report thereon that the sample
of the said cosmetic contravenes in any respect the provisions of Chapter III of the Act or the
Rules made thereunder but that the contravention is such that it can be remedied by the
importer, the Collector of Customs shall communicate the report forthwith to the importer and
permit him to import the cosmetic on his giving an undertaking in writing not to dispose of
the cosmetic without the permission of the officer authorised in this behalf by the Central
Government.

 

132. Exemption of cosmetics—Cosmetics as may be specified in Schedule D shall be
exempted from the provisions of Chapter III of the Act and the Rules made thereunder to the
extent and subject to the conditions specified in that Schedule.

 

133. Import through points of entry—No cosmetic shall be imported into India except
through the points of entry specified in rule 43A.

 

1
[134. Cosmetic to contain Dyes, Colours and Pigments.- No Cosmetic shall contain

Dyes, Colours and Pigments other than those specified by the Bureau of Indian Standards
(IS:4707 Part 1 as amended) and Schedule Q.

The permitted Synthetic Organic Colours and Natural Organic Colours used in the
Cosmetic shall not contain more than:-

(i) 2 parts per million of arsenic calculated as arsenic trioxide.
(ii) 20 parts per million of lead calculated as lead.
(iii) 100 parts per million of heavy metals other than lead calculated as the

total of the respective metals.]

2
[134-A Prohibition of import of cosmetic containing Hexachlorophene.— No cosmetic

containing hexachlorophene shall be imported.

135. Import of cosmetic containing Lead or Arsenic compound prohibited.—No
cosmetic shall be imported in which a Lead or Arsenic compound has been used for purposes
of colouring.

3
[135-A. Import of cosmetics containing mercury compounds prohibited.–No

cosmetic shall be imported which contains mercury compounds.]

5
[135-B. Prohibition of import of cosmetics tested on animals.–No cosmetic that has

been tested on animals after the commencement of the Drugs and Cosmetics (Fifth
Amendment) Rules, 2014 shall be imported into the country.]

136. Import of cosmetic for personal use—Small quantities of cosmetics the import of

which is otherwise prohibited under section 10 of the Act, may be imported for personal use
subject to the following conditions: —

(i) The cosmetics shall form part of a passenger‘s baggage and shall be the property of
and intended for, the bona fide use of the passenger; and
(ii) The cosmetics shall be declared to the Customs authorities, if they so direct.

4
[PART XIV

MANUFACTURE OF COSMETIC FOR SALE
OR FOR DISTRIBUTION]

 

137. Manufacture on more than one set of premises. — If cosmetics are
manufactured on more than one premises, a separate application for each such premises
shall be made and a separate licence obtained for each such premises.

1. Subs. by G.S.R. 811 (E), dt. 14-11-1994. 2. Added by G.S.R. 116, dt. 25-1-1975.
3. Ins. by X.11013/76-D & MS, dt. 19-8-1978. 4. Subs. by G.S.R. 788 (E), dt. 10-10-1985.
5. Ins. by G.S.R. 718 (E), dt. 13-10-2014.

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5
138. Application for [licence to manufacture cosmetics for sale and distribution]—

3 5
[(1) Application for grant or renewal of [ licence to manufacture any cosmetic for sale or

1
for distribution] [shall be made up to ten items of each category of cosmetics categorized in

Schedule MII to the Licensing Authority appointed by the State Government for the purpose

of this Part (hereinafter in this Part referred to as the Licensing Authority) in Form 31 and

shall be accompanied by a licence fee of rupees two thousand and five hundred and an

inspection fee of rupees one thousand for every inspection

thereof or for the purpose of renewal of licence].

2
[* * * **]

3[(2) If a person applies for the renewal of licence after expiry but within six months of

 

1
such expiry, the fee payable for the renewal of such licence shall be [rupees two thousand

five hundred plus an additional fee at the rate of rupees four hundred per month or part

thereof in addition to an inspection fee of rupees one thousand.]
2[* * * * *]

 

(3) Application by a licensee to manufacture additional items of cosmetics shall be
1

accompanied by a fee of [rupees one hundred for each item subject to a maximum of rupees

three thousand for each application.]
2[* * * * *]

 

6 1
[(4) A fee of [rupees two hundred and fifty] shall be paid for a duplicate copy of a

licence under sub-rule (1), if the original is defaced, damaged or lost.]

4
[138A. Application for loan licence to manufacture cosmetics.−(1) Application for grant

1
or renewal of a loan licence for the manufacture for sale of cosmetics [shall be made up to

ten items of each category of cosmetics categorized in Schedule M-II in Form 31-A to the

Licensing Authority and shall be accompanied by a licence fee of rupees two thousand and

five hundred and an inspection fee of rupees one thousand for every inspection thereof].

Explanation.–For the purpose of this rule a ‗loan licence‘ means a licence, which a

Licensing Authority may issue to an applicant who does not have his own arrangements to

manufacture but who intends to avail himself of the manufacturing facilities owned by a

licensee in Form 32.

(2) If a person applies for the renewal of a loan licence after the expiry but within

six months of such expiry, the fee payable for the renewal of such a licence shall be

1. Subs. by G.S.R. 601(E), dt. 24-8-2001.
2. Omitted by G.S.R. 331(E),dt. 8.5.1984.
3. Amended by G.S.R. 245, dt. 21.2.1976.
4. Ins. by G.S.R. 444, dt. 28-4-1973.
5. Subs. by G.S.R. 788 (E), dt. 10-10-1985.
6. Subs. by G.S.R. 331(E),dt. 8.5.1984.

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Drugs and Cosmetics Rules 1945

1
[rupees two thousand and five hundred plus an additional fee at the rate of rupees four

hundred for each month or part thereof.]

(3) The Licensing Authority shall before the grant of a loan licence satisfy

himself that the manufacturing unit has adequate equipment, staff, capacity for

manufacture and facilities to undertake the manufacture on behalf of the applicant for a

loan licence.

(4) The loan licence shall be granted by the Licensing Authority to only such

applicants who propose to avail of the facilities of manufacture of cosmetics in the

premises of a manufacturer located in the same State where the applicant is located. In

case the manufacture of cosmetic involves any special process of manufacture or use of

equipment which are not available in the State where the applicant is located, the

Licensing Authority after consulting the Licensing Authority where the manufacturing

unit is located, may grant the loan licence.

(5) Subject to the provisions of sub-rule (2), application for manufacture of
1

additional items on a loan licence shall be accompanied by a fee of [rupees one

hundred for each item subject to a maximum of rupees three thousand per application.]
1

(6) A fee of [rupees two hundred and fifty] shall be paid for a duplicate copy of

a licence issued under sub-rule (1) if the original is defaced, damaged or lost.

139. Conditions for the grant or renewal of a licence in Form 32—Before a licence in

Form 32 is granted or renewed, the following conditions shall be complied with by applicant:-

(1) The manufacture shall be conducted under the direction and personal supervision

of a competent technical staff consisting of at least one person who is a whole time

employee and who possesses any one of the following qualifications:

(a) holds a Diploma in Pharmacy approved by the Pharmacy Council of India

under the Pharmacy Act, 1948 (8 of 1948), or

(b) is registered under the Pharmacy Act, 1948 (8 of 1948), or

(c) has passed the Intermediate Examination with Chemistry as one of the

subjects or an examination recognized by the Licensing Authority as equivalent

to it.
2[

* * * * *]

1. Subs. by G.S.R. 601(E), dt. 24-8-2001.

2. Omitted by. G.S.R. 331(E), dt. 8.5.1984

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Drugs and Cosmetics Rules 1945

1
[(2) The factory premises shall comply with the requirements and conditions specified in

Schedule M-II.]

2 [
* * * * *]

(5) The applicant shall either–

(i) provide and maintain adequate staff, premises and laboratory equipment for testing

the cosmetic manufactured, and the raw materials used in the manufacture; or

(ii) make arrangements with some institution approved by the Licensing Authority
3
[under Part XV (A) of these rules] for such tests to be regularly carried out in this behalf

by the institution.

4[ 5
139A. Form of [licence to manufacture cosmetics for sale or for distribution].—A

5
[licence to manufacture cosmetics for sale or for distribution] against application in

Form 31, shall be granted in Form 32.]

6
[139AA. Inspection before grant or renewal of licence.- Before a licence under this Part

is granted or renewed in Form 32, Form 32A or Form 33, the Licensing Authority shall cause
the establishment, in which the manufacture is proposed to be conducted or being conducted,
to be inspected by one or more Inspectors appointed under the Act. The Inspector or
Inspectors shall examine all portions of the premises, plant and appliances and also inspect
the process of manufacture intended to be employed or being employed along with the means
to be employed or being employed for standardizing and testing the substances to be
manufactured and enquire into the professional qualifications of the technical staff to be
employed. He shall also examine and verify the statements made in the application in regard
to their correctness, and the capability of the applicant to comply with the requirements of
competent technical staff, manufacturing plant, testing equipments and the requirements of
plant and equipments as laid down in Schedule M-II read with requirements of maintenance
of records as laid down in Schedule U-1.]

 

6
[139AB. Report by Inspector.- The Inspector or Inspectors shall forward a detailed

descriptive report giving his or their findings on each aspect of inspection along with his or
their recommendations after completion of his or their inspection to the Licensing Authority.]

 

6
[139AC. Grant or refusal of licence.- (1) If the Licensing Authority after such further

enquiry, if any, as he may consider necessary is satisfied that the requirements of the rules
under the Act have been complied with and that the conditions of the licence and the rules
under the Act shall be observed, he shall grant or renew a licence in form 32, Form 32-A or
Form 33.

 

1. Subs. by G.S.R. 723 (E), dt. 11-8-1992.
2. Omitted condition (3) and (4) by G.S.R. 723 (E), dt. 11-8-1992.
3. Ins. by G.S.R. 1172 (E), dt. 23-8-1977.
4. Ins. by G.S.R. 444, dt. 28-4-1973.
5. Subs. by G.S.R. 788 (E), dt. 10-10-1985.
6. Ins. by G.S.R. 493 (E), dt. 9-6-1995.

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Drugs and Cosmetics Rules 1945

(2) If the Licensing Authority is not so satisfied, he shall reject the application and shall

inform the applicant of the reasons for such rejection and of the conditions which must be
satisfied before a licence can be granted or renewed and shall supply the applicant with a
copy of inspection report.]

 

1
[139AD. Further application after rejection.–If within a period of six months from the

rejection of an application for a licence, the applicant informs the Licensing Authority that the
2

conditions laid down have been fulfilled and deposits an inspection [fee of rupees two
hundred and fifty], the Licensing Authority may, if, after causing further inspection to be
made, he is satisfied that the conditions for the grant of licence have been complied with,
issue a licence in Form 32, Form 32-A or Form 33.]

 

1
[139AE. Appeal to the State Government.- Any person who is aggrieved by the order

passed by the Licensing Authority refusing to grant or renew a licence under this Part may,
within ninety days from the date of receipt of such order, appeal to the State Government and
the State Government may, after such enquiry into the matter as is considered necessary and
after giving the said person an opportunity for representing the case, pass such order as it
thinks fit.]

 

3 4
[139B. Form of loan [licence to manufacture cosmetics for sale or for

4
distribution].−A loan [licence to manufacture cosmetics for sale or for distribution]
against application in Form 31-A shall be granted in Form 32-A.

 

140. Duration of licence.- An original licence or a renewed licence shall unless sooner
2

suspended or cancelled be [valid for a period of five years on and from the date on which] it
is granted or renewed:

5
[Provided that if the application for renewal of a licence in force is made before its

expiry or if the application is made within six months of its expiry, after payment of
additional fee, the licence shall continue to be in force until orders are passed on the
application and the licence shall be deemed to have expired, if application for its renewal is
not made within six months of its expiry.]

 

141. Certificate of renewal.−The certificate of renewal of a licence in Form 32 shall be
issued in Form 33.

 

1. Ins. by G.S.R. 493 (E), dt. 9-6-1995.

2. Subs. by G.S.R. 601 (E), dt. 24-8-2001.
3. Ins. by G.S.R. 444, dt. 28-4-1973.
4. Subs. by G.S.R. 493 (E), dt. 9-6-1995.
5. Amended by S.O. 2139, dt. 12.8.1972.

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Drugs and Cosmetics Rules 1945

1
[141A. Certificate of renewal of a loan licence—The certificate of renewal of a licence

in Form 32-A shall be issued in Form 33-A.]

1
[141AA. Duration of a loan licence.–An original loan licence in Form 32A or a renewed

2
loan licence in Form 33-A, unless sooner suspended or cancelled, shall be [valid for a period

of five years on and from the date on which] it is granted or renewed:

Provided that if the application for the renewal of a licence is made before its expiry, or if

the application is made within six months of its expiry, after payment of the additional fee,

the licence shall continue to be in force until orders are passed on the application. The licence

shall be deemed to have expired if the application for its renewal is not made within six

months of its expiry.]

142. Conditions of licence—A licence in Form 32 shall be subject to the conditions stated

therein and to the following other conditions, namely: –

(a) the licensee shall provide and maintain staff, premises and equipment as

specified in rule 139;

(b) the licensee shall comply with the provisions of the Act and the Rules made

thereunder and with such further requirements, if any, as may be specified in any rules to

be made hereafter under Chapter IV of the Act;

3
[(b1) the licensee shall keep records of the details of each batch of cosmetic

manufactured by him and of raw materials used therein as per particulars specified in

Schedule U(1) and such records shall be retained for a period of three years;]

(c) the licensee shall test each batch or lot of the raw materials used by him for the

cosmetics and also each batch of the final product and shall maintain records or registers

showing the particulars in respect of such tests. The records or registers shall be retained

for a period of three years from the date of manufacture;

1
(d) the licensee shall allow any [ Inspector appointed under the Act] to enter with

or without prior notice any premises where the manufacture of a substance in respect of

which the licence is issued is carried on, to inspect the premises and to take samples of

the manufactured products under a receipt;

1. Ins. by G.S.R. 444, dt. 28-4-1973.

2. Subs. by G.S.R. 601 (E), dt. 24-8-2001.

3. Ins. by G.S.R. 1594, dt. 28-10-1976.

167

 

 

Drugs and Cosmetics Rules 1945

(e) the licensee shall allow an Inspector to inspect all registers and records
maintained under these rules and shall supply to the Inspector such information as
he may require for the purpose of ascertaining whether the provisions of the Act
and the Rules made thereunder have been complied;

1
[(f) the licensee shall maintain an Inspection Book in Form 35 to

enable an Inspector to record his impression and the defects noticed:

2
[Provided that clauses (b-1) and (c) shall not apply to the manufacture of

soap and the procedure for testing of raw materials and the records to be
maintained by the manufacturer of soap shall be such as are approved by the
Licensing Authority.]

4
[142A. Additional information to be furnished by an applicant for licence or a licensee

to the Licensing Authority.—The applicant for the grant of a licence or any person granted a
licence under this Part shall, on demand, furnish to the Licensing Authority, before the grant
of the licence or during the period the licence is in force, as the case may be, documentary
evidence in respect of the ownership or occupation on rental or other basis of the premises,
specified in the application for licence or in the licence granted, constitution of the firm, or
any other relevant matter, which may be required for the purpose of verifying the correctness
of the statements made by the applicant or the licensee, while applying for or after obtaining
the licence as the case may be.]

1
[142B. Conditions of licence in Form 32-A.–

(a) A licence in Form 32-A shall be deemed to be cancelled or suspended, if the

licence owned by the licensee, in Form 32, whose manufacturing facilities are
cancelled or suspended, as the case may be under these rules.

(b) The licensee shall comply with the provisions of the Act and these rules and

with each further requirements, if any, as may be specified from time to time in
Chapter IV of the Act, provided that where such further requirements are specified in
the rules, these would come into force four months after publication in the Official
Gazette.

3
[(b1) The licensee shall keep records of the details of each batch of cosmetic

manufactured by him and of raw materials used therein as per particulars specified in
Schedule U(1) and such records shall be retained for a period of three years.]

(c) The licensee shall test each batch or lot of the raw materials used by him for

the manufacture of the cosmetics and also each batch of the final product and shall
maintain records of registration showing the particulars in respect of such tests. The
records or registers shall be retained for a period of three years from the date of
manufacture.

 

1. Ins. by G.S.R. 444, dt. 28-4-1973.

2. Ins. by G.S.R. 681 (E), dt. 6-6-1988.

3. Ins. by G.S.R. 1594, dt. 28-10-1976.

4. Ins. by S.O.2139, dt. 12-8-1972.

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Drugs and Cosmetics Rules 1945

(d) The licensee shall allow an Inspector appointed under the Act to enter with or
without prior notice any premises where the manufacture of a substance in respect of
which licence is issued is carried on, to inspect the premises and to take samples of
the manufactured products under a receipt.

 

(e) The licensee shall allow an Inspector to inspect all registers and records

maintained under these rules and shall supply to the Inspector such information as he
may require for the purpose of ascertaining whether the provisions of the Act, and the
rules made thereunder have been complied.

 

(f) The licensee shall maintain an Inspection Book in Form 35 to enable an

Inspector to record his impressions and the defects noticed.]

143. Cancellation and suspension of licence.−(1) The Licensing Authority may, after
giving the licensee an opportunity to show cause why such an order should not be passed, by
an order in writing stating the reasons therefor, cancel a licence issued under this Part or
suspend it for such period as he thinks fit, either wholly or in respect of some of the
substances to which it relates, if in his opinion, the licensee has failed to comply with any of
the conditions of the licence or with any provisions of the Act or the rules made thereunder.

 

(2) A licensee whose license has been suspended or cancelled may appeal within a period

of three months from the date of the order to the State Government which shall after
considering the appeal, pass orders, and such orders shall be final.

1
[144. Prohibition of manufacture of cosmetics containing colours other than

those prescribed.- No Cosmetic shall be manufactured which contains Dyes, Colours and
Pigments other than the one specified by the Bureau of Indian Standards (IS: 4707 Part I as
amended) and Schedule Q.

 

The permitted Synthetic Organic colours and Natural Organic colours used in the

Cosmetic shall not contain more than−

(i) 2 parts per million of arsenic calculated as arsenic trioxide.

(ii) 20 parts per million of lead calculated as lead.

(iii) 100 parts per million of heavy metals other than lead calculated as the total of the
respective metals.]

2
[144A. Prohibition of manufacture of cosmetics containing Hexachlorophene.—No

cosmetic containing Hexachlorophene shall be manufactured:]

1. Subs. by G.S.R. 811(E), dt. 14-11-1994.
2. Ins. by G.S.R. 116, dt. 15.1.1975.

169

 

 

Drugs and Cosmetics Rules 1945

1
[Provided that in the case of soaps Hexachlorophene may be used in concentrations not

exceeding one per cent weight by weight:

Provided further that the following cautionary note shall be printed and shall appear in a
conspicuous manner on the wrapper of package of each soap, namely:-

―Contains Hexachlorophene – not to be used on babies‖.]

145. Use of Lead and Arsenic compounds for the purpose of colouring cosmetics
prohibited.—The use of Lead and Arsenic compounds for the purpose of colouring cosmetics
is prohibited.

 

2
[145A. Form of intimation for purpose of taking samples of cosmetics.—Where

an Inspector takes a sample of a cosmetic for the purpose of test or analysis, he shall
intimate such purpose in writing in Form 17 to the person from whom he takes it.]

 

3
[145AA. Form of receipt of samples of cosmetics where fair price tendered is refused.-

Where the fair price, for the samples of Cosmetics taken for the purpose of test or analysis,
tendered under sub-section (1) of section 23 has been refused, the Inspector shall tender a
receipt therefor to the person from whom the said samples have been taken as specified in
Form 17A.]

2
[145B. Form of receipt for seized cosmetics.−A receipt by an Inspector for the stock

of any cosmetic seized under clause (c) of sub-section (1) of section 22 of the Act shall be in
Form 15.]

 

4
[145BA. Manner of certifying copies of seized documents.-The Drugs Inspector shall

return the documents, seized by him under clause (cc), or produced before him under clause
(cca), of sub-section (1) of section 22 of the Act, within a period of twenty days of the date of
such seizure or production, to the person from whom they were seized or, as the case may be,
the person who produced them, after copies thereof or extracts therefrom have been signed by
the Drugs Inspector concerned and the person from whom they were seized, or, as the case
may be, who produced such records.]

 

5
[145C. Form of order not to dispose of stocks of cosmetics—An order in writing by an

Inspector under clause (c) of sub-section (1) of section 22 of the Act requiring a person not to
dispose of any stock of cosmetics in his possession shall be in Form 15.]

6
[145D. Prohibition of manufacture of cosmetics containing mercury compounds.–

No cosmetics containing mercury compounds shall be manufactured.]

1. Ins. by G.S.R. 1049 (E), dt. 29-8-1986.

2. Ins. by S.O. 2139, dt. 5.6.1972.

3. Ins. by G.S.R. 292 (E), dt. 29-5-1997.

4. Ins. by G.S.R. 89(E), dt. 16-2-1985.

5. Ins. by G.S.R. 1594, dt. 28-10-1976.

6. Ins. by G.S.R. 1074, dt. 19.8.1978 (w.e.f. 2.9.1978).

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Drugs and Cosmetics Rules 1945

PART XV
1
[LABELLING, PACKING AND STANDARDS OF COSMETICS]

146. Prohibition of sale or distribution.–Subject to other provisions of these rules, no

person shall sell or distribute any cosmetic unless the cosmetic, if of Indian origin is
manufactured by a licensed manufacturer and labelled and packed in accordance with these
rules.

2
[147. Exemption of cosmetics not manufactured for consumption or sale in India

from the provisions of this Part.– Labels on packages or containers of cosmetics not
manufactured for consumption or sale in India shall be adopted to meet the specific
requirements, if any, of the consignee:

Provided that where a cosmetic is required by the consignee to be not labelled with the

name and address of the manufacturer, the labels on packages or containers shall bear a code
number as approved by the Licensing Authority mentioned in rule 21.]

148. Manner of labelling.–Subject to other provisions of the rules, a cosmetic shall

carry.–

(1) on both the inner and outer labels;

(a) the name of the cosmetic,

3
[(b) the name of the manufacturer and complete address of the premises of the

manufacturer where the cosmetic has been manufactured.

Provided that if the cosmetic is contained in a very small size container
where the address of the manufacturer cannot be given, the name of the manufacturer
and his principal place of manufacture shall be given along with pin code.]

(2) On the outer label.–

 

A declaration of the net contents expressed in terms of weight for solids, fluid
measure for liquids, weight for semi-solids, combined with numerical count if the content is
sub-divided:

Provided that this statement need not appear in case of a package of perfume, toilet water

or the like the net content of which does not exceed 60 ml or any package of solid or semi-
solid cosmetic the net content of which does not exceed 30 grams.

(3) On the inner label, where a hazard exists–

(a) adequate direction for safe use,

(b) any warning, caution or special direction required to be observed by the
consumer,

(c) a statement of the names and quantities of the ingredients that are hazardous or
poisonous.

1. Subs. by S.O. 3408, dt. 1.11.1996.
2. Subs. by G.S.R. 682 (E), dt. 5-12-1980.
3. Subs. by G.S.R. 352 (E), dt. 26-4-2000.

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Drugs and Cosmetics Rules 1945

1
[(4) A distinctive batch number, that is to say, the number by reference to which details of

manufacture of the particular batch from which the substance in the container is taken are
recorded and are available for inspection, the figures representing the batch number being
preceded by the letter ―B‖:

Provided that this clause shall not apply to any cosmetic containing 10 grams or less
if the cosmetic is in solid or semi-solid state, and 25 millilitres or less if the cosmetic is in a
liquid state:

2
[Provided further that in the case of soaps, instead of the batch number, the month and

year of manufacture of soap shall be given on the label.]

1
[(5) manufacturing licence number, the number being preceded by the letter ‗M‘.]

(6) Where a package of a cosmetic has only one label, such label shall contain all the
information required to be shown on both the inner and the outer labels, under these Rules.

5
[(7) The list of ingredients, present in concentration of more than one percent shall be

listed in the descending order of weight or volume at the time they are added, followed by
those inconcentration of less than or equal to one percent, in any order, and preceded by the
words ‗INGREDIENTS‘.

Provided that this statement need not appear for packs of less than 60 ml of liquid
and30 gm of solid and semi-solids.

 

(8) Labeling requirement, if any, specified in the relevant Indian standard as laid down
by the ‗Bureau of Indian Standards‘ for the cosmetics covered under Schedule S.]

3
[148A. Prohibition against altering inscriptions on containers, labels or wrappers of

cosmetics.- No person shall alter, obliterate or deface any inscription or mark made or
recorded by the manufacturer on the container, label or wrapper of any cosmetic:

Provided that nothing in this rule shall apply to any alteration, inscription or mark made
on the container, label or wrapper of any cosmetic at the instance or direction or with the
permission of the licensing authority.]

 

5
[148B – Prohibition against false or misleading claims :- No cosmetic may purport or

claimto purport or convey any idea which is false or misleading to the intending user.]

4
149. [Labelling of Hair dyes containing Dyes, Colours and Pigments.—Hair dyes

containing Para-Phenylenediamine or other Dyes, Colours and Pigments] shall be labelled
with the following legend in English and local languages and these shall appear on both the
inner and the outer labels.

―Caution—This product contains ingredients which may cause skin irritation in
certain cases and so a preliminary test according to the accompanying direction should
first be made. This product should not be used for dyeing the eye-lashes or eye-brows;
as such a use may cause blindness‖.

Each package shall also contain instructions in English and local languages on the
following lines for carrying out the test:

―This preparation may cause serious inflammation of the skin in some cases and so a
preliminary test should always be carried out to determine whether or not special
sensitivity exists. To make the test, cleanse a small area of skin behind the ear or upon
the inner surface of the forearm, using either soap and water or alcohol. Apply a small
quantity of the hair dye as prepared for use to the area and allow it to dry.
After twenty-four hours, wash the area gently with soap and water. If
no irritation or inflammation is apparent, it may be assumed that

 

1. Subs. by G.S.R. 245, dt. 3-2-1976.
2. Ins. by. 681(E), dt. 6-8-1988.
3. Ins. by G.S.R. 351 (E), dt. 26-4-2000.
4. Subs. by G.S.R. 811 (E), dt. 14-11-1994.
5. Ins. by. 46 (E), dt. 22-1-2009.

172

 

 

Drugs and Cosmetics Rules 1945

no hypersensitivity to the dye exists. The test should, however, be carried out before each
and every application. This preparation should on no account be used for dyeing eye-
brows or eye-lashes as severe inflammation of the eye or even blindness may result.]
1
[149A. Special provisions relating to toothpaste containing fluoride.-

 

(i) Fluoride content in tooth paste shall not be more than 1000 ppm and the content
of fluoride in terms of ppm shall be mentioned on the tube and carton.

 

(ii) Date of expiry should be mentioned on tube and carton.]

150. Report of result of test or analysis of cosmetics.—Test reports on samples of
cosmetics taken for test or analysis under these rules shall be supplied in Form 34.

2
[150-A. Standard for cosmetics.- Subject to the provisions of these rules, the standards

for cosmetics shall be such as may be prescribed in Schedule S.]

3
[PART XV (A)

APPROVAL OF INSTITUTIONS FOR CARRYING OUT TESTS
ON DRUGS, COSMETICS AND RAW MATERIALS USED IN
THEIR MANUFACTURE ON BEHALF OF LICENSEES FOR

MANUFACTURE FOR SALE OF DRUGS / COSMETICS

150-B. Application for grant of testing drugs/cosmetics— (1) Application for grant or
renewal of approval for carrying out tests for identity, purity, quality and strength on drugs or
cosmetics or the raw materials used in the manufacture thereof on behalf of licensees for
manufacture for sale of drugs or cosmetics, shall be made in Form 36 to the Licensing
Authority appointed by the State Government for the purposes of Part VII, VII (A) or XIV of
these Rules, as the case may be and referred to as the ―approving authority‖ under this Part

2
and shall be accompanied by an inspection fee of [rupees six thousand] in the case of testing

2
of drugs specified in Schedules C and C (1) and [rupees one thousand five hundred] in the
case of testing of drugs other than those specified in Schedules C and C (1), homoeopathic
drugs and cosmetics:

Provided that the applicant shall furnish to the approving authority such additional

information as may be required by him in connection with the application in Form 36:

4
[Provided further that if the applicant applies for renewal of approval after its expiry

but within six months of such expiry, the inspection fee payable shall be rupees six thousand
in the case of testing of drugs specified in Schedules C and C (1) and rupees one thousand
five hundred in the case of testing of drugs other than those specified in Schedules C and C
(1), Homoeopathic medicines and cosmetics plus an additional fee at the rate of rupees one
thousand per month.]

4
[(2) A separate application shall be made for grant of approval for carrying out tests

on additional categories of drugs or items of cosmetics and shall be accompanied by an
inspection fee of rupees one thousand five hundred in the case of drugs specified in Schedule
C and Schedule C(1) and rupees one thousand each in case of drugs other than those specified
in Schedule C and Schedule C(1), homeopathic medicines and cosmetics.

 

1. Ins. by G.S.R. 223 (E), dt. 19-4-1991.

2. Ins. by G.S.R. 510 (E), dt. 26-7-1982.

3. Ins. rule 150B to 150K by X.1104/7/76-D&M, dt. 23-8-1977.
4. Subs. by G.S.R. 601(E), dt. 24-8-2001.

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Drugs and Cosmetics Rules 1945

Explanation—For the purpose of this Part, the words ‗drugs‘ and ‗cosmetics‘ shall also
mean and include the raw materials used in the manufacture of drugs including Homoeopathic
drugs or cosmetics, as the case may be.]

 

150-C. Form in which approval to be granted for carrying out tests on drugs / cosmetics
on behalf of licensees for manufacture of drugs/cosmetics and conditions for grant or
renewal of such approval.– (1) Approval for carrying out such tests of identity, purity,
quality and strength of drugs or cosmetics as may be required under the provisions of
these rules, on behalf of licensee for manufacture of drugs or cosmetics shall be granted in
Form 37.

 

(2) Before approval in Form 37 is granted or renewed, the following conditions
shall be complied with by the applicant–

 

(1) The premises where the tests are being carried out shall be well lighted and
properly ventilated except where the nature of tests of any drug or cosmetic warrants
otherwise. Wherever necessary, the premises shall be air conditioned so as to
maintain the accuracy and functioning of laboratory instruments or to enable the
performance of special tests such as sterility tests, microbiological tests, etc.

 

(2) The applicant shall provide adequate space having regard to the nature and
number of samples of drugs or cosmetics proposed to be tested.

 

Provided that the approving authority shall determine from time to time whether
the space provided continues to be adequate.

 

(3) If it is intended to carry out tests requiring the use of animals, the applicant
shall provide for an animal house and comply with the following requirements–

 

(a) The animal house shall be adequate in area, well lighted and properly
ventilated and the animals undergoing tests shall be kept in air conditioned area.

(b) The animals shall be suitably housed in hygienic surroundings and

necessary provisions made for removal of excreta and foul smell.

(c) The applicant shall provide for suitable arrangements for preparation of animal
feed.

(d) The applicant shall provide for suitable arrangements for quarantining of all

animals immediately on their receipt in the institution.

(e) The animals shall be periodically examined for their physical fitness.

 

(f) The applicant shall provide for isolation of sick animals as well as animals
under test.

(g) The applicant shall ensure compliance with the requirements of the
Prevention of Cruelty to Animals Act, 1960 (59 of 1960).

(h) The applicant shall make proper arrangements for the disposal of the carcasses

of animals in a manner as not to cause hazard to public health.

(4) The applicant shall provide and maintain suitable equipment having regard to
the nature and number of samples of drugs or cosmetics intended to be tested which shall
be adequate in the opinion of the approving authority.

 

(5) The testing of drugs or cosmetics, as the case may be, shall be under the active
direction of a person whose qualifications and experience are considered adequate in the
opinion of the approving authority and who shall be held responsible for the reports of
test or analysis issued by the applicant.

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Drugs and Cosmetics Rules 1945

(6) The testing of drugs or cosmetics, as the case may be, for identity,
purity, quality and strength shall be carried out by persons whose qualifications
and experience of testing are adequate in the opinion of the approving authority.

(7) The applicant shall provide books of standards recognized under the

provisions of the Act and the Rules made thereunder and such books of reference
as may be required in connection with the testing or analysis of the products for
the testing of which approval is applied for.

150D. Duration of approval. –An approval granted in Form 37 or renewed in Form 38,

1
unless sooner suspended or withdrawn, shall be [valid for a period of five years on and from
the date on which] it is granted or renewed:

Provided that if an application for the renewal of an approval in Form 37 is made before

its expiry or if the application is made within six months of its expiry after the payment of the
additional fee, the approval shall continue to be in force until orders are passed on the
applications and the approval shall be deemed to have expired if the application for its
renewal is not made within six months of its expiry.

150E. Conditions of approval –An approval in Form 37 shall be subject to the following

general conditions: —

(a) The institution granted approval under this Part (hereinafter referred to as the
approved institution) shall provide and maintain an adequate staff and adequate premises

2
and equipment as specified in rule 150-C [and Schedule L-1].

(b) The approved institution shall provide proper facilities for storage so as to

preserve the properties of the samples to be tested by it.

(c) The approved institution shall maintain records of tests for identity, purity,
quality and strength carried out on all samples of drugs or cosmetics and the results
thereof together with the protocols of tests showing the readings and calculation in such
form as to be available for inspection and such records shall be retained in the case of
substances for which an expiry date is assigned for a period of two years from the expiry
of such date and in the case of other substances for a period of six years.

(d) The approved institution shall allow the Inspector appointed under this Act to

enter with or without prior notice the premises where the testing is carried on and to
inspect the premises and the equipment used for test and the testing procedures employed.
The institution shall allow the Inspectors to inspect the registers and records maintained
under these Rules and shall supply to such Inspectors such information as they may
require for the purpose of ascertaining whether the provisions of the Act and Rules made
thereunder have been observed.

(e) The approved institution shall from time to time report to the approving

authority any changes in the person-in-charge of testing of drugs or cosmetics or in the
expert staff responsible for testing as the case may be and any material alteration in the
premises or changes in the equipment used for the purposes of testing which have been
made since the date of last inspection made on behalf of the approving authority before
the grant or renewal of approval.

1. Subs. by G.S.R. 601 (E), dt. 24-8-2001.
2. Ins. by G.S.R. 780 (E), dt. 10-11-2008.

175

 

 

Drugs and Cosmetics Rules 1945

(f) The approved institution shall furnish reports of the results of test or analysis
in Form 39.

(g) In case any sample of a drug or a cosmetic is found on test to be not of
1

standard quality, the approved institution shall furnish the approving authority [and
the licensing authority of the State where the manufacturer and/or sender of the drug
or cosmetic is located] with copy of the test report on the sample with the protocols of
tests applied.

(h) The approved institution shall comply with the provisions of the Act and
Rules made thereunder and with each further requirements, if any, may be specified
in the rules subsequently made under Chapter IV of the Act of which the approving
authority has given the approved institution not less than four months notice.

(i) The approved institution shall maintain an Inspection Book to enable the
Inspectors to record his impression or defects noticed.

150F. Inspection before grant of approval.— Before an approval in Form 37 is granted,
the approving authority shall cause the institution at which the testing of drugs or cosmetics,
as the case may be, is proposed to be carried out to be inspected jointly by the Drugs
Inspectors of the Central Drugs Standard Control Organisation and the State Drugs Control
Organisation who shall examine the premises and the equipment intended to be used for
testing of drugs or cosmetics and inquire into the professional qualifications of the expert staff
to be employed.

150G. Report of Inspection.— The Drug Inspector mentioned in rule 150-F shall forward
to the approving authority a detailed report of the result of the inspection.

150H. Procedure of approving authority.— (1) If the approving authority after such
further enquiry, if any, as he may consider necessary, is satisfied that the requirements of the
rules made under the Act have been complied with and that the conditions of the approval and
the rules made under the Act will be observed, he shall grant an approval in Form 37.

(2) If the approving authority is not so satisfied, he shall reject the application and shall
inform the applicant of the reasons for such rejection and of the conditions which must be
satisfied before an approval could be granted.

150-I. Further application after rejection.— If within a period of six months from the
rejection of an application for approval, the applicant informs the approving authority that the

2
conditions laid down have been satisfied and deposits inspection fee of [rupees two hundred
and fifty], the approving authority may, if, after causing a further inspection to be made, he is
satisfied that the conditions for grant of approval have been complied with, grant the approval
in Form 37.

 

1. Ins. by G.S.R 93 (E), dt. 24-2-1995.
2. Subs.by G.S.R 601 (E), dt. 24-8-2001.

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Drugs and Cosmetics Rules 1945

150J. Renewal. – On an application being made for renewal the approving authority may
cause an inspection to be made and if satisfied that the conditions of the approval and the
rules made under the Act are and shall continue to be observed shall issue a certificate of
renewal in Form 38.

 

150K. Withdrawal and suspension of approvals – (1) The approving authority may, after
giving the approved institution an opportunity to show cause why such an order should not be
passed, by an order in writing stating the reasons therefor, withdraw an approval granted
under this Part or suspend it for such period as he thinks fit either wholly or in respect of
some of the categories of drugs or items of cosmetics to which it relates, if in his opinion the
approved institution has failed to comply with any of the conditions of the approval or with
any provisions of the Act or the Rules made thereunder.

 

(2) Any approved institution whose approval has been suspended or withdrawn may
within three months of the date of the order, appeal to the State Government which shall
dispose of the appeal in consultation with a panel of competent persons appointed by it in this
behalf and notified in the Official Gazette.]

 

1
[PART XVI

 

MANUFACTURE FOR SALE OF AYURVEDIC (INCLUDING SIDDHA) OR
UNANI DRUGS

 

151. Manufacture on more than one set of premises.—If Ayurvedic (including Siddha)
or Unani drugs are manufactured on more than one set of premises, a separate application
shall be made and a separate licence shall be obtained in respect of each such set of premises.

152. Licensing Authorities.—For the purpose of this Part the State Government shall

appoint such Licensing Authorities and for such areas as may be specified in this behalf by
notification in the Official Gazette.

153. Application for licence to manufacture Ayurvedic (including Siddha) or

Unani drugs.— (1) An application for the grant or renewal of a licence to manufacture for
sale any Ayurvedic (including Siddha) or Unani drugs shall be made in Form 24-D to the

2
Licensing Authority along with [a fee of rupees one thousand]:

Provided that in the case of renewal the applicant may apply for the renewal of the licence

before its expiry or within one month of such expiry:

Provided further that the applicant may apply for renewal after the expiry of one month
2

but within three months of such expiry in which case the [fee payable for renewal of such
licence shall be rupees one thousand and two hundred plus an additional fee of rupees six
hundred].

2

(ii) [A fee of rupees three hundred] shall be payable for a duplicate copy of a licence
issued under this rule, if the original licence is defaced, damaged or lost.

1. Parts XVI, XVII and XVII added by S.O. 642, dt. the 2-2-1970 (w.e.f. 21.2.1970)
2. Subs. by G.S.R 79 (E), dt. 14-2-2005.

177

 

 

Drugs and Cosmetics Rules 1945

1
[153A. Loan Licence.—(i) An application for the grant of renewal of a loan licence to

manufacture for sale of any Ayurvedic (including Siddha) or Unani drugs shall be made in
2

Form 25-E to the Licensing Authority along with [a fee of rupees six hundred.]

Explanation—For the purpose of this rule, a loan licence means a licence which a
Licensing Authority may issue to an applicant who does not have his own arrangements for
manufacture but intends to avail himself of the manufacturing facilities owned by a licence in
Form 25-D:

Provided that in the case of renewal the applicant may apply for the renewal of the licence

before its expiry or within one month of such expiry:

Provided further that the applicant may apply for renewal after the expiry of one month,
2

but within three months of such expiry in which case [the fee payable for renewal of such
licences shall be rupees six hundred plus an additional fee of rupees three hundred.]]

2

(ii) [A fee of rupees one hundred and fifty] shall be payable for a duplicate copy of a
licence issued under this rule, if the original licence is defaced, damaged or lost.]

154. Form of licence to manufacture Ayurvedic (including Siddha) or Unani drugs.

— (1) Subject to the conditions of rule 157 being fulfilled, a licence to manufacture for sale
any Ayurvedic (including Siddha) or Unani drugs shall be issued in Form 25-D. The licence
shall be issued within a period of three months from the date of receipt of the application.

(2) A licence under this rule shall be granted by the licensing authority after consulting

such expert in Ayurvedic (including Siddha) or Unani Systems of medicine as the case may
be, which the State Government may approve in this behalf.

1
[154A. Form of loan licence to manufacture for sale of Ayurvedic (including Siddha)

or Unani drugs.—

(1) A loan licence to manufacture for sale of any Ayurvedic (including Siddha) or
Unani drugs shall be issued in Form 25E.

(2) A licence under this rule shall be granted by the Licensing Authority after

consulting such expert in Ayurvedic (including Siddha) or Unani systems of medicine,
as the case may be, which the State Government may approve in this behalf.

(3) The Licensing Authority shall, before the grant of a loan licence, satisfy himself

that the manufacturing unit has adequate equipment, staff, capacity for manufacture and
facilities for testing, to undertake the manufacture on behalf of the applicant for a loan
licence.]

155. Certificate of renewal—The certificate of renewal of a licence in Form 25-D shall

be issued in Form 26-D.

1. Ins. by G.S.R. 376(E), dt. 20-7-1978.
2. Subs. by G.S.R 79 (E), dt. 14-2-2005.

178

 

 

Drugs and Cosmetics Rules 1945

1
[155A. Certificate of renewal of a loan licence.—The certificate of renewal of a loan

licence in Form 25-E shall be issued in Form 26-E.]

2
[155B. Certificate of award of G.M.P. of Ayurveda, Siddha and Unani Drugs.—

3
[(1)]The certificate of Good Manufacturing Practices to manufacturers of Ayurveda, Siddha

or Unani drugs shall be issued to licensees who comply with the requirements of Good
Manufacturing Practice of Ayurveda, Siddha and Unani drugs as laid down in Schedule T.]

4
[(2) The certificate referred to in sub-rule (1) shall be issued for a period of five years

from the date of issuance of the license.]

156. Duration of licence—An original licence in Form 25-D or a renewed licence in
5 6

Form 26-D, unless sooner suspended or cancelled shall be [valid for a period of [five
years] from the date of its issue]:

Provided that if the application for the renewal of a licence is made before its expiry or
within one month of its expiry after payment of the additional fee of rupees thirty, the licence
shall continue to be in force until orders are passed on the application. The licence shall be
deemed to have expired, if the application for its renewal is not made within three months of
its expiry.]

1

[156A. Duration of loan licence.—An original loan licence in Form 25-E or a renewed
loan licence in Form 26-E, unless sooner suspended or cancelled, shall be valid up to the 31st
December of the year following the year in which it is granted or renewed:

Provided that if the application for the renewal of a loan licence is made in accordance
with rule 153-A, the loan licence shall continue to be in force until orders are passed on the
application. The licence shall be deemed to have expired, if the application for its renewal is
not made within three months of its expiry.]

 

157. Conditions for the grant or renewal of a licence in Form 25-D.—Before a licence
in Form 25-D is granted or renewed in Form 26-D the following conditions shall be complied
with by the applicant, namely: —

(1) The manufacture of Ayurvedic (including Siddha) or Unani drugs shall be carried
out in such premises and under such hygienic conditions as are specified in Schedule T.

2
[(IA) For issuing of the certificate of Good Manufacturing Practices, the Licensing

Authority shall verify the requirements as per schedule T and issue the Good
Manufacturing Practices certificate in form 26 E-I, simultaneously along with grant or
renewal of licence in form 25D].

7
[(IB) No manufacturer shall use any prefix or suffix with the name of any Ayurvedic,

Siddha or UnaniTibb drug falling under clause (a) of section 3 of the Act, except as
described in the authoritative books specified in the First Schedule to the Act:
Provided that a formulation without any specific name, described in the
authoritative books may be named on the basis of the ingredients of the formulation.

(IC) The name of any Ayurvedic, Siddha or UnaniTibb drug falling under clause (a)
of section 3 of the Act shall not be used for naming any patent or proprietary medicine
relating to Ayurvedic, Siddha or UnaniTibb systems of medicine referred to in sub-clause
(i) of clause (h) of the said section:
Provided that this rule shall not be applicable for single plant-ingredient based
Ayurvedic, Siddha or UnaniTibb formulation licensed or to be licensed as patent or
proprietary medicine under sub-clause (i) of clause (h) of section 3 of the Act.]

1. Ins. by G.S.R. 376 (E),dt. 20-7-1978. 7. Ins. by G.S.R. 390 (E),dt. 18.5.2015.

2. Subs. by G.S.R. 376 (E),dt. 3-5-2010. Earlier Ins. by G.S.R. 198 (E), dt. 7-3-2003.

3. Rule 155B renumbered as sub-rule (1) by G.S.R. 376 (E),dt. 3-5-2010.

4. Ins. by G.S.R. 376 (E),dt. 3-5-2010.

5. Subs. by G.S.R 79 (E), dt. 14-2-2005.

6. Subs. by G.S.R. 376 (E),dt. 3-5-2010.

179

 

 

Drugs and Cosmetics Rules 1945

(ID) Notwithstanding the period for renewal of licence provided in rules 156 and
156 A, the licensee of the Ayurvedic, Siddha or UnaniTibb drug, which is not in
conformity with sub-rules (1B) and (1C), shall seek renewal of the licence with
appropriate name of the drug within a period of one year from the date of commencement

th
of Drugs and Cosmetics (4 Amendment) Rules, 2015:
Provided that this rule shall not be applicable to any batch of Ayurvedic,
Siddha or UnaniTibb drugs manufactured prior to the date of commencement of the Drugs

th
and Cosmetics (4 Amendment) Rules, 2015.

(IE) Whoever contravenes the provisions of rules (IB) to (ID) shall be punishable
under section 33-I of the Act.]

(2) The manufacture of Ayurvedic (including Siddha) or Unani drugs shall be

conducted under the direction and supervision of competent technical staff consisting at
least of one person, who is a whole time employee and who possesses the following
qualifications, namely:–

(a) A degree in Ayurveda or Ayurvedic Pharmacy, Siddha or Unani system of
medicine, as the case may be, conferred by a University, a State Government or Statutory
Faculties, Councils and Boards of Indian Systems of Medicines recognized by the Central
Government or a State Government for this purpose, or

(b) a diploma in Ayurveda, Siddha or Unani system of medicine granted by a State

Government for this purpose, or

(c) a graduate in Pharmacy or Pharmaceutical Chemistry or Chemistry or Botany of
a University recognized by the Central Government with experience of at least two years
in the manufacture of drugs pertaining to the Ayurvedic or Siddha or Unani systems of
medicines, or

(d) a Vaid or Hakim registered in a State Register of Practitioners of indigenous

systems of medicines having experience of at least four years in the manufacture of
Ayurvedic or Siddha or Unani drugs, or

(e) a qualification as Pharmacist in Ayurvedic (including Siddha) or Unani systems

of medicines, possessing experience of not less than eight years in the manufacture of
Ayurvedic or Siddha or Unani drugs as may be recognized by the Central Government.

(3) The competent technical staff to direct and supervise the manufacture of
Ayurvedic drugs shall have qualifications in Ayurveda and the competent technical staff
to direct and supervise the manufacture of Siddha drugs and Unani drugs shall have
qualification in Siddha or Unani, as the case may be.

 

 

180

 

 

Drugs and Cosmetics Rules 1945

 

3
[157A. Maintaining of records of raw material used by licensed manufacturing unit

of Ayurveda, Siddha and Unani drugs in the preceding financial year.- Each licensed
manufacturing unit of Ayurveda or Siddha or Unani drugs shall keep a record of raw
material used by each licensed manufacturing unit of Ayurveda, Siddha or Unani drugs as
the case may be in the proforma given in Schedule TA in respect of all raw materials
utilized by that unit in the manufacture of Ayurveda or Siddha or Unani drugs in the
preceding financial year, and shall submit the same by the 30th day of June of the
succeeding financial year to the State Drug Licensing Authority of Ayurveda, Siddha and
Unani drugs and to the National Medicinal Plants Board or any agency nominated by the
National Medicinal Plant Board for this purpose.]

158. Conditions of licence.—A licence in Form 25D shall be subject to the conditions
stated therein and to the following further conditions, namely:–

(a) The licensee shall maintain proper records of the details of manufacture and of

the tests, if any, carried out by him, or by any other person on his behalf, of the raw
materials and finished products.

(b) The licensee shall allow an Inspector appointed under the Act to enter any

premises where the manufacture of a substance in respect of which the licence is issued is
carried on, to inspect the premises, to take samples of the raw material as well as finished
the products, and to inspect the records maintained under these rules.

1
[(c) The licensee shall maintain an Inspection Book in Form 35 to enable an

Inspector to record his impressions and the defects noticed.]

2
[158-A. Condition of loan licence.—A licence in Form 25E shall be subject to the

conditions stated therein and to the following conditions, namely:—

(a) The licence in Form 25E shall be deemed to be cancelled or suspended, if the
licence owned by the licensee in Form 25D whose manufacturing facilities have
been availed of by the licensee is cancelled or suspended, as the case may be, under
these rules.

(b) The licensee shall comply with the provisions of the Act and of the rules and

with such further requirements, if any, as may be specified in any rules subsequently
made under Chapter IV-A of the Act, provided that where such further requirements
are specified in the rules; these would come into force four months after publication in
the Official Gazette.

(c) The licensee shall maintain proper records of the details of manufacture

and of the tests, if any, carried out by him, or any other person on his behalf, of the
raw materials and finished products.

(d) The licensee shall allow an Inspector appointed under the Act to inspect all

registers and records maintained under these rules and shall supply to the Inspector
such information as he may require for the purpose of ascertaining whether the
provisions of the Act and the rules have been observed.

1
[(e) The licensee shall maintain an Inspection Book in form 35 to enable an

Inspector to record his impressions and the defects noticed.]

1. Ins. by G.S.R. 331 (E),dt. 8.5.1984.

2. Ins. by G.S.R. 376 (E), dt. 20.7.1978.

3. Ins. by G.S.R. 512 (E),dt. 9.7.2008.

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Drugs and Cosmetics Rules 1945

1
[158(B) Guidelines for issue of license with respect to Ayurveda, Siddha or

Unani drugs.-
I. (A). Ayurveda, Siddha Unani Medicines under section 3(a):- Ayurveda, Siddha or

Unani drugs includes all medicines intended for internal or external use for or in the
diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or
animals, and manufactured exclusively in accordance with the formulae described in the
authoritative books of Ayurvedic, Siddha and Unani Tibb system of medicine, as specified
in the First Schedule;

(B). Patent or Proprietary medicine under section 3(h);
(i) In relation to Ayurvedic, Siddha and Unani Tibb system of medicine of all

formulations containing only such ingredients mentioned in the formulae described in the
authoritative books of Ayurveda, Siddha or Unani Tibb system of medicines specified in
the First Schedule, but does not include a medicine which is administered by parenteral
route and also a formulation included in the authoritative books as specified in clause (a);
(ii) Balya/Poshak/Muqawi/Unavuporutkal/positive health Promoter formulations

having ingredients mentioned in books of First Schedule of the Drugs and Cosmetics Act
and recommended for promotional and preventive health.
(iii) Saundarya Prasadak (Husane afza)/Azhagh-sadhan formulation having ingredients

mentionedin Books of First Schedule of the Drugs and Cosmetics Act and recommended
for oral, skin, hair and body care.
(iv) Aushadh Ghana (Medicinal plant extracts – dry/wet) extract obtained from plant

mentioned in books of First Schedule of the Act including Aqueous or hydro-alcohol.

II.(A) For issue of licence to the medicine with respect to Ayurvedic, Siddha and

Unani, the conditions relating to safety study and the experience or evidence of
effectiveness shall be such as specified in columns (5) and (6) of The Table given below:-

 

Experience/Evidence of
Serial Ingredient Indication Safety

Category Effectiveness
number (S) (s) study

1 2 3 4 5 6

Published Proof of
Literature Effectiveness

(A)
Ayurveda,
siddha and

As per As per Not
1 Unani drugs, Required Not Required

text text Required
given in 158
B as referred

in 3(a)
(B) Any

change in
dosage form
of Ayurveda,
siddha and

As per As per Not
2 Unani drugs, Required Not Required

text text Required
as described
in section 3

(a) of the
Drugs and
Cosmetics

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Drugs and Cosmetics Rules 1945

Act, 1940
(C)

Ayurveda,
siddha and

Unani drugs, As per Not
3 New If Required Required

referred in text Required
3(a) to be

used for new
indication

II.B For issue of license with respect to Patent or Proprietary medicine. The condition

relating to Safety studies and experience or evidence of effectiveness shall be specified as
follows:-

Experience/Evidence

Serial Ingredient Indication Safety
Category of Effectiveness

number (S) (s) study

1 2 3 4 5 6
Published Proof of

Literature Effectiveness
Pilot study as

Patent per relevant
orPropri As per Textual Not Of protocol for

1
etary text Rationale Required Ingredients Ayurveda,

medicine siddha and
Unani drugs

Ayurveda,
siddha and

Unani
drugswith
any of the

As per
2 ingredients Existing Required Required Required

text
of Schedule
E(1) of the
Drugs and
Cosmetics
Act, 1940

III. For issue of license with respect to Balya and Poshak medicines the person who

applied for license is required to submit the following:
(i) Photo-copy of the textual reference of ingredients used in the formulation as

mentioned in the book of 1st schedule;
(ii) Conduct safety studies in case the product contains of any of the ingredients as

specified in the Schedule E (1), as per the guidelines for evaluation of Ayurveda Siddha
and Unani Drugs formulations;

(iii) For textual indications the safety and effectiveness study is not required.
IV. For issue of license with respect to Saundarya Prasadak (Husane afza/Azhagu

Sodhan) the person who applied for license is required to:-
(i) Submit photo-copy of the textual reference of ingredients used in the formulation

as mentioned in the book of 1st schedule;

1. Ins. by G.S.R. 663 (E),dt. 10.10.2010.

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Drugs and Cosmetics Rules 1945

(ii) Conduct safety studies, in case the formulation contains of any of the ingredients

as specified in the Schedule E (1), as per the guidelines for evaluation of Ayurveda,
Siddha and Unani formulation;

(iii) For textual indications the safety and effectiveness study is not required.
V. For issue of license with respect to medicine Aushadh Ghana extract of medicinal

plant (dry or wet).

Serial Ingredien Experience/Evidence of
Category Indication (s) Safety study Effectiveness

number t (S)

1 2 3 4 5 6

Published Proof of

Literature Effectiveness

(A) As per Not
1 As per text Not Required Not Required

Aqueous text Required

(Al). As per New Not
2 Not Required Required

Aqueous text Indication** Required

(B) Hydro- As per If
3 As per text Not Required Not Required

Alcohol text Required

(B1) As New
4 If

Hydro- Required Required
specified Indication**

Alcohol Required

Required
Other

Acute,
than Chronic,

As
5 If

Hydro/ As specified mutagenicity Required
specified Required

HydroAlc and

ohol teratogenicit
y

* The standard protocol will also include concept of Anupan, Prakriti & Tridosh etc.

published by Central
Research Councils Ayurveda, Siddha, Unani and other Government/Research Bodies.
** New indication means which is other than mentioned in 1st schedule books of

Drugs & Cosmetics Act 1940.]

1
[158C. Form of Free Sale Certificate and Non-Conviction Certificate. – The State

Drug Controller or Licensing Authority shall, on request by the Ayurveda, Siddha and
Unani Drugs manufacturer, issue, within 15 days; from the date of application, Free Sale
Certificate in Form 26 E2-I for original License holder or in Form 26 E2-II for loan license
and Non Conviction Certifacate for both original and loan license holder in Form 26 E3 or
in the format as specified by the importing country or tenderer respectively, after
fulfilment of all requisite formalities as required in the respective formats.]

1. Ins. by G.S.R. 153 (E),dt. 5.3.2014.

 

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159. Cancellation and suspension of licences— (1) The Licensing Authority may, after giving an
opportunity to show cause within a period which shall not be less than fifteen days from the date of
receipt of such notice, why such an order should not be passed, by an order in writing stating the
reasons therefor, cancel a licence issued under this Part or suspend it for such period as he thinks
fit, either wholly or in respect of some of the drugs to which it relates, if in his opinion, the
licensee has failed to comply with any of the conditions of the licence or with any provisions of the
Act and the rules made thereunder.

(2) A licensee whose licence has been suspended or cancelled may appeal to the State
Government within a period of three months from the date of receipt of the order which shall,
after considering the appeal, decide the same.

160. Identification of raw materials.— Raw materials used in the preparation of

Ayurvedic (including Siddha) or Unani drugs shall be identified and tested, wherever tests are
available for their genuineness, and records of such tests as are carried out for the purpose and
the methods thereof shall be maintained.

1
[PART XVI (A)

 

APPROVAL OF INSTITUTIONS FOR CARRYING OUT TESTS ON AYURVEDIC,
SIDDHA AND UNANI DRUGS AND RAW MATERIALS USED IN THEIR

MANUFACTURE ON BEHALF OF LICENSEES FOR MANUFACTURE FOR SALE
OF AYURVEDIC, SIDDHA AND UNANI DRUGS

160-A. Application for grant of approval for testing Ayurvedic, Siddha and Unani

drugs.- Application for grant or renewal of approval for carrying out tests for identity, purity,
quality and strength of Ayurvedic, Siddha and Unani drugs or the raw materials used in the
manufacture thereof on behalf of licensees for manufacture for sale of the said Ayurvedic,
Siddha and Unani drugs, shall be made in Form 47 to the Licensing Authority appointed by
the State Government for the purposes of Part XVI, XVII or XVIII of these rules, as the case
may be, and referred to as the ‗approving authority‘ under this Part and shall be accompanied
by an inspection fee of six thousand rupees in respect of the drugs specified in the books
prescribed in First Schedule to the Act.

 

1. Subs. by G.S.R.73 (E), dt. 31-01-2003 and earlier Ins. by G.S.R. 701(E), dt. 27-9-2001.

185

 

 

Drugs and Cosmetics Rules 1945

Provided that the applicant shall furnish to the approving authority such additional
information as may be required by it in connection with the application in Form 47:

Provided further that if the applicant applies for renewal of approval after its expiry but
within six months of such expiry, the inspection fee payable shall be six thousand rupees plus
an additional inspection fee at the rate of one thousand rupees per month in the case of testing
of Ayurvedic, Siddha and Unani drugs specified in First Schedule to the Act.

Explanation. – For the purpose of this Part, the words ―Ayurvedic, Siddha and Unani
drugs‖ shall also mean and include the raw materials used in the manufacture of Ayurvedic,
Siddha and Unani drugs, as the case may be.

160B. Form in which approval to be granted for carrying out tests on Ayurvedic,
Siddha and Unani drugs on behalf of licensees for manufacture of Ayurvedic, Siddha
and Unani drugs and conditions for grant or renewal of such approval.– (1) Approval for
carrying out such tests of identity, purity, quality and strength of Ayurvedic, Siddha and
Unani drugs as may be required under the provisions of these rules, on behalf of licensee for
manufacture of Ayurvedic, Siddha and Unani drugs shall be granted in Form 48.

(2) Before approval in Form 48 is granted or renewed, the following conditions shall be
complied with by the applicants, namely: –

(i) The premises where the tests are carried out shall be well lighted and properly
ventilated except where the nature of tests of any Ayurvedic, Siddha and Unani drug
warrants otherwise. Wherever necessary, the premises shall be air-conditioned so as to
maintain the accuracy and functioning of laboratory instruments or to enable the
performance of special tests such as sterility tests and microbiological tests.

(ii) (a) The applicant shall provide adequate space having regard to the nature and
number of samples of drugs proposed to be tested:

Provided that the approving authority shall determine from time to time whether
the space provided continues to be adequate:

Provided further that separate section shall be provided for (i) Chemistry, (ii)
Pharmacognosy, (iii) Ayurveda, Siddha and Unani, (iv) Microbiology, (v) Sample
Room, (vi) Office-cum-Record Room, with proper partitions and minimum required
area is 800 sq. ft.

1
[(b) The applicant shall provide a list of persons who may be employed with

him as experts, such as Chemist, Botanist and expert in Ayurveda/Siddha/Unani or
Pharmacist who shall possess a degree in Chemistry, Botany,
Ayurveda/Siddha/Unani/Bachelor in Pharmacy from a recognized University or
equivalent, with experience for 2 years for carrying out tests or analysis as per the
Ayurvedic, Siddha and Unani Pharmacopoeias].

 

The applicant shall provide adequate equipment essential for carrying out tests
for identity, purity, quality and strength of Ayurvedic, Siddha and Unani drugs as per
pharmacopoeial standards or other available standards.

1. Subs. by G.S.R. 674 (E), dt. 10-11-2005.

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Drugs and Cosmetics Rules 1945

List of equipment recommended is given below:

Chemistry Section

1. Alcohol determination apparatus complete set.
2. volatile oil determination apparatus.
3. Boiling point determination apparatus.
4. Melting point determination apparatus.
5. Refractometer.
6. Polarimeter.
7. Viscometer (Ostwalds, Redwood Viscometer).
8. Tablet disintegration apparatus.
9. Moisture determination apparatus (IC filtrator).
10. U.V.Spectro-photometer.
11. Muffle furnace.
12. Electronic Balance.
13. Hot air oven(s) different range of temperature/vacuum oven.
14. Refrigerator.
15. Glass distillation apparatus/plant.
16. Water supply demineralised exchange equipment/distillation equipment.
17. Air conditioner.
18. LPG Gas cylinder with burners.
19. Water bath (temperature controlled).
20. Heating mantle(4) or as required.
21. TLC apparatus with all accessories.
22. Sieves 10 to 120 with sieve shaker.
23. Centrifuge machine.
24. Dehumidifier.
25. pH meter.
26. G.L.C. with F.I. detector.
27. Silica crucible.
28. Tablet friability tester.
29. Tablet dissolution tester.
30. Other related equipment, reagents, glasswares etc.

Pharmacognosy Section

1. Microscope binocular.
2. Dissecting Microscope.
3. Microtome.
4. Chemical balance.
5. Microslide cabinet.
6. Aluminium slide trays.
7. Hot air oven.
8. Occular Micrometer.
9. Stage Micrometer.
10. Camera Lucida Prism type and mirror type.
11. Hot plates.
12. Refrigerator.
13. LPG Cylinder with burners.
14. Other related equipments, reagents, glasswares etc.

Note: Instuments like HPLC, HPTLC, Atomic Absorption spectrophotometer could be
arranged by tie up with other laboratories.

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Drugs and Cosmetics Rules 1945

Microbiology section

1. Laminar air flow bench (L.A.F.)
2. B.O.D. Incubator.
3. Plain Incubator.
4. Serological water bath.
5. Oven.
6. Autoclave/sterilizer.
7. Microscope (high power).
8. Colony counter.
9. Other related equipment and reagents.

(3). The applicant shall provide and maintain suitable equipment having regard to the

nature and number of samples of Ayurvedic, Siddha and Unani drugs intended to be tested
which shall be adequate in the opinion of the approving authority.

(4) The testing of Ayurvedic, Siddha and Unani drugs, as the case may be, for identity,

purity, quality and strength shall be carried out under the active direction of one of the experts
stated in clause (b) of sub-rule (2) who shall be the person-in-charge of testing and shall be
held responsible for the reports of test issued by the applicant.

(5) The testing of Ayurvedic, Siddha and Unani drugs, as the case may be, for identity,

purity, quality and strength shall be carried out by persons whose qualifications and
experience of testing are adequate as stated in clause (b) of sub-rule (2).

(6) The applicant shall provide books of standards recognized under the provisions of the

Act and the rules made thereunder and such books of reference as may be required in
connection with the testing or analysis of the products for the testing of which approval is
applied for.

(7) The applicant shall provide list of standard Ayurvedic, Siddha and Unani drugs

(Reference samples) recognized under the provisions of the Act and rules made thereunder
and such reference samples kept in the laboratory may be required in connection with the
testing or analysis of the products of which approval is applied for.

160C. Duration of approval. – An approval granted in Form 48 or renewed in Form 49

unless sooner suspended or withdrawn, shall be valid for a period of three years from the date
on which it is granted or renewed:

Provided that if an application for the renewal of an approval in Form 40 is made before

its expiry or if the application is made within six months of its expiry after the payment of the
additional inspection fee, the approval shall continue to be in force until orders to the contrary
are passed on the application and approval shall be deemed to have expired if the application
for renewal is not made within six months of expiry.

160D. Conditions of approval.–An approval in Form 48 shall be subject to the following

conditions, namely: –

I. The Institution granted approval under this Part (hereinafter referred to as the approved
laboratory) shall provide and maintain adequate staff and adequate premises and equipment as
specified in rule 160-B.

II. The approved laboratory shall provide proper facilities for storage so as to preserve

the properties of the samples to be tested by it.

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Drugs and Cosmetics Rules 1945

III. The approved laboratory shall maintain records of tests for identity, purity, quality
and strength carried out on all samples of Ayurvedic, Siddha and Unani drugs and the results
thereof together with the protocols of tests showing the readings and calculation in such form
as to be available for inspection and such records shall be retained in the case of substances
for which date of expiry is assigned; for a period of two years from such date of expiry and in
the case of other substances, for a period of three years.

IV. The approved laboratory shall allow the Inspector appointed under this Act to enter

with or without prior notice the premises where testing is carried out and to inspect the
premises and the equipment used for test and the testing procedures employed. The laboratory
shall allow the Inspectors to inspect the registers and records maintained under these rules and
shall supply to such Inspectors such information as they may require for the purpose of
ascertaining whether the provisions of the Act and rules made thereunder have been observed.

V. The approved laboratory shall from time to time report to the approving authority any

changes in the person-in-charge of testing of Ayurvedic, Siddha and Unani drugs or the expert
staff responsible for testing, as the case may be, and any material alterations in the premises
or changes in the equipment used for the purposes of testing which have been made since the
date of last inspection made on behalf of the approving authority before the grant or renewal
of approval.

VI. The approved laboratory shall furnish reports of the results of tests or analysis in

Form 50.

VII. In case any sample of Ayurvedic, Siddha and Unani drug is found on test to be not
of standard quality, the approved laboratory shall furnish to the approving authority and the
licensing authority of the State where the manufacturer and/or sender of the Ayurvedic,
Siddha and Unani drugs is located, a copy of the test report of the sample with the protocols
of tests applied.

VIII. The approved laboratory shall comply with the provisions of the Act and rules

made thereunder and with such further requirements, if any, as may be specified in the rules
made from time to time under Chapter IV-A of the Act of which the approving authority has
given the approved laboratory not less than four months‘ notice.

IX. The approved laboratory shall maintain an inspection book to enable the Inspector to

record his impression or defects noticed.

160-E. Inspection before grant of approval.— Before an approval in Form 48 is granted,

the approving authority shall cause the laboratory at which the testing of Ayurvedic, Siddha
and Unani drugs, as the case may be, is proposed to be carried out to be inspected jointly by
the Inspectors appointed or designated by the Central Government and State Government for
this purpose, who shall examine the premises and the equipment intended to be used for
testing of drugs and verify into the professional qualifications of the expert staff who are or
may be employed by the laboratory.

160F. Report of inspection.— The Inspectors appointed by the Central Government as

stated in Rule 160-E shall forward to the approving authority a detailed report of the results of
the inspection.

160G. Procedure of approving authority. – (1) If the approving authority after such

further enquiry, if any, as it may consider necessary, is satisfied that the requirements of the
rules made under the Act have been complied with and that the conditions of the approval and
the rules made under the Act have been observed, it shall grant approval in Form 48.

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Drugs and Cosmetics Rules 1945

(2) If the approving authority is not satisfied, it shall reject the application and shall

inform the applicant of the reasons for such rejection and of the conditions which shall be
satisfied before approval could be granted.

160H. Application after rejection. – If within a period of six months from the rejection of

an application for approval, the applicant informs the approving authority that the conditions
laid down have been satisfied and deposits inspection fee of two thousand rupees, the
approving authority may, if, after causing a further inspection to be made and after being
satisfied that the conditions for grant of approval have been complied with, grant the approval
in Form 48.

160-I. Renewal. – On an application being made for renewal, the approving authority

shall, after causing an inspection to be made and if satisfied that the conditions of the
approval and the rules made under the Act have been complied with, shall issue a certificate
of renewal in Form 49.

160J. Withdrawal and suspension of approvals. – (1) The approving authority may, after

giving the approved laboratory an opportunity to show cause why such an order should not be
passed, by an order in writing stating the reasons therefor, withdraw an approval granted
under this Part or suspend it for such period as it thinks fit either wholly or in respect of
testing of some of the categories of Ayurvedic, Siddha and Unani drugs to which it relates, if
in his opinion the approved laboratory had failed to comply with any of the conditions of the
approval or with any provision of the Act or the rules made thereunder.

(2) Any approved laboratory, whose approval has been suspended or withdrawn, may,

within three months of the date of the order of suspension or withdrawal, appeal to the State
Government which shall dispose of the appeal in consultation with a panel of competent
persons appointed by the Department of Indian Systems of Medicine & Homoeopathy,
Government of India in this behalf and notified in the Official Gazette.]

1
[PART XVII

2
[LABELLING, PACKING AND LIMIT OF ALCOHOL IN]
AYURVEDIC (INCLUDING SIDDHA) OR UNANI DRUGS

2

161. [Labelling, packing and limit of alcohol.]—(1) There shall be conspicuously
displayed on the label of the container or package of an Ayurvedic (including Siddha) or

3
Unani drug, the true list of all the ingredients [with the botanical names of plant based
ingredients along with plant part(s) and form of ingredients, in which, these are] used in the
manufacture of the preparation together with quantity of each of the ingredients incorporated
therein and a reference to the method of preparation thereof as detailed in the standard text
and Adikarana, as are prescribed in the authoritative books specified in the First Schedule to

3
the Act [and in respect of Patent or Proprietary Ayurveda, Siddha or Unani drugs, the true list
of all ingredients with the botanical names of plant based ingredients along with part(s) and
form of ingredients, in which, these are used in the formulation, with their quantity]:

Provided that if the list of ingredients contained in the medicine is large and cannot be

accommodated on the label, the same may be printed separately and enclosed with packing
and reference be made to this effect on the label.

(2) The container of a medicine for internal use made up ready for the treatment of human

ailments shall, if it is made up from a substance specified in Schedule E (1), be labelled
conspicuously with the words ‗Caution: To be taken under medical supervision‘ both in
English and Hindi language.

1. Ins. by notification F.1-23/6, dt. 2.2.1970. 3. Ins. by G.S.R. 844(E), dt. 26.11.2012
2. Subs. by G.S.R. 904(E), dt. 2.11.1992.

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(3) Subject to the other provisions of these rules, the following particulars shall be either

printed or written in indelible ink and shall appear in a conspicuous manner on the label of the
2

innermost container of any Ayurvedic (including Siddha) or Unani drug [Patent or
Proprietary Ayurveda, Siddha or Unani drugs] and on any other covering in which the
container is packed’, namely−

3

(i) The name of the drug. [For Ayurveda, Siddha or Unani drugs] this purpose the
name shall be the same as mentioned in the authoritative books included in the First
Schedule of the Act.

(ii) A correct statement of the net content in terms of weight, measure or number as
the case may be. The weight and volume shall be expressed in metric system.

(iii) The name and address of the manufacturer.

 

(iv) The number of the licence under which the drug is manufactured, the figure
representing the manufacturing licence number being preceded by the words
‗Manufacturing Licence Number‘ or ‗Mfg. Lic. No.‘ or ‗M.L.‘.

 

(v) A distinctive batch number, that is to say, the number by reference to which
details of manufacture of the particular batch from which the substance in the container
is taken are recorded and are available for inspection, the figure representing the batch
number being preceded by the words ―Batch No.‖ or ―Batch‖ or ―Lot Number‖ or ―Lot
No.‖ or ―Lot‖ or any distinguishing prefix.

(vi) The date of manufacture. For this purpose the date of manufacture shall be the

date of completion of the final products, or the date of bottling or packing for issue.

(vii) The words ―Ayurvedic medicine‖ or ―Siddha medicine‖ or ―Unani medicine‖ as
the case may be.

(viii) The words ―FOR EXTERNAL USE ONLY‖ if the medicine is for external

application.

(ix) Every drug intended for distribution to the medical profession, as a free sample
shall, while complying with the labelling provisions under clauses (i) to (viii), further
bear on the label of the container the words ―Physicians sample. Not to be sold‖ which
shall be over-printed.

1
[(x)(a) Preparation (Asavas) with high content of alcohol as base

Name of the drug Maximum size of packing
(i) Karpur Asava 15 ml

 

(ii) Ahiphenasava 15 ml

(iii) Margamadasava 15 ml

(ix)(b) Preparations containing self-generated alcohol
Name of the drug Maximum content of alcohol Maximum

(Ethyl alcohol v/v) size of
packing

(i) Mritsanjivani Sura 16 per cent 30 ml.

(ii) Mahadrakshasava 16 per cent 120 ml.]

1. Subs. by G.S.R. 904 (E), dt. 2-11-1992.
2. Ins. by G.S.R. 844(E), dt. 26.11.2012.
3. Subs. by G.S.R. 844(E), dt. 26.11.2012.

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Drugs and Cosmetics Rules 1945

(4) Nothing in these rules shall be deemed to require the labelling of any transparent
cover or of any wrapper case or other covering used solely for the purpose of packing,
transport or delivery.

1
[161A. Exemption in labeling and packing, provisions for export of Ayurvedic

(including Siddha) and Unani drugs.- (1) Labels and packages or containers of Ayurvedic,
Siddha and Unani drugs for export may be adopted to meet the specific requirements of the
law of the country to which the said drug is to be exported, but the following particulars shall
appear in conspicuous position on the container in which drug is packed and on every other
covering in which that container is packed, namely :

(a) Name of the Ayurvedic, Siddha and Unani drug (Single or compound
formulations;

(b) the name, address of the manufacturer and the number of licence under which
the drug has been manufactured;

(c) batch or lot number;

(d) date of manufacture, along with the date for ―Best for use before‖;

(e) main ingredients, if required by the importing country;

(f) for export:
Provided that where Ayurvedic, Siddha and Unani Single or compound drug not

classified under the First Schedule or Schedule E-(I), is required by the consignee to be not
labeled with the name and address of the manufacturer, the labels on packages or containers
shall bear a code number as approved by the Licensing Authority mentioned in rule 152.

(2) the provisions of Rule 161 shall not apply to a medicine made up ―ready for
treatment‖, whether after, or without, alteration, which is supplied on the prescription of a
registered medical practitioner if the medicine is labeled with the following particulars,
namely:–

(a) the name and address of the suppliers;
(b) the words ―For External Use Only‖, if the medicine is for external application.]

2
[161B. 1. The date of expiry of Ayurveda, Siddha and Unani medicines shall be

conspicuously displayed on the label of container or package of an Ayurvedic, Siddhas and
Unani medicines, and after the said date of expiry, these medicines shall not be in circulation.

2. The Shelf-life i.e. for Ayurveda, Siddha and Unani medicines shall be as follows:-

(i) Shelf life or date of expiry for Ayurvedic medicines.

Shelf life and date ofexpiry
Sl. No. Name of the Group of Ayurvedic Medicine with effect fromthe date of

manufacture
1. Churna, Kwatha Churna 2 years

Gutika (Vati-Gutti, Pills, Tablets except Gutika
2. 3 years

with Rasa)
(i) Gutika Tablet containing Kasth aushadhi
(ii) Gutika,Tablet containing Kasth aushadi 3 years

3.
and Rasa, Uprasa, Metallic Bhasmas, and 5 years
Guggulu.

4. Rasaushadhies No expiry date1

5. Asava Arista No expiry date1

6. Avaleha 3 years
7. Guggulu 5 years
8. Mandura – Lauha 10 years

1. Ins. by G.S.R. 787 (E), dt. 17-10-2000.
2. Ins. by G.S.R. 764 (E), dt. 15-10-2009.

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Drugs and Cosmetics Rules 1945

9. Ghrita 2 years
10. Taila 3 years
11. Arka 1 year
12. Dravaka, Lavana, Ksara 5 years
13. Lepa Churna 3 years
14. Dant Manjan Powder 2 years
15. Dant Manjan Paste 2 years
16. Lepa Guti 3 years

Lepa Malahar (Ointment)/Liniment/Gels/ lotions
17. 3 years

/creams
18. Varti 2 years (one time use)
19. Ghana Vati 3 years
20. Kupipakva Rasayan No expiry date1

21. Parpati No expiry date1

22. Sveta parpati 2 years
23. Pisti and Bhasma No expiry date1

Svarna, Rajata, Lauha, Mandura, Abhraka

24. No expiry date1

bhasma,Godanti, ShankhaBhasma, etc.
25. Naga Bhasma, Vanga Bhasma, Tamra Bhasma2

5 years2

Capsules made of soft gelatin (depending upon
26. 3 years

thecontent material) for Kashtha aushadhi
Capsules of hard gelatin (depending upon the

27. content material) -containing Kasth aushdhi with 5 years2

Rasa, Bhasma,Parad-Gandhak
28. Syrup/liquid oral 3 years

(Kama/Nasa Bindu) Ear/Nasal drops 2 years
29.

Eye drops 1 year
30. Khand/Granule/Pak 3 years
31. Dhoopans-Inhalers 2 years
32. Pravahi Kwatha (with preservatives) 3 years

Note 1. Item at Sr. No.4, 5, 19, 20, 22, 23 have very long shelf life and they became more
efficacious with the passage of time and period of ten years shall be mandatory for keeping the
records of such items.

Note 2. Bhasmas at Sr. No. 23, start solidifying after five years and they need one or two
‗Puta‘again before using in the dosage form.

(ii) Shelf life or date of expiry for Siddha Medicines

Shelf life and date ofexpiry with effect
Sl. No. Name of the Group of Medicine

from the date of manufacture
1. Karpam No expiry date*
2. Cunnam 5 years
3. Kalanku No expiry date*
4. Kattu No expiry date*
5. Parpam No expiry date*
6. Centuram No expiry date*
7. Karuppu No expiry date*
8. Patankam 5 years
9. Kulampu 5 years

10. Meluku 5 years
11. Tinir 2 years
12. Tiravakam 2 years
13. Mattirai 3 years

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Drugs and Cosmetics Rules 1945

14. Tailam 3 years
15. Ilakam 3 years
16. Iracayanaam 3 years
17. Ney 2 years
18. Manappaku 3 years
19. Venney 3 years
20. Vatakam 3 years
21. Curanam 2 years
22. Pura Maruntukal 5 years

Note. * Items at Sr. No.1, 3, 4, 5, 6, 22 have very long shelf life and they became more
efficacious with the passage of time and period of ten years shall be mandatory for keeping the
records of such items.

(iii) Shelf life or date of expiry for Unani System of Medicines

Shelf life and date ofexpiry with effect
Sl. No. Name of the Group of Medicine

from the date of manufacture
1. Habb (Pills) 3 years
2. Qurs (Tablets) 3 years
3. Majoon/Dawa 3 years
4. Khamira 3 years
5. Itrifal 3 years
6. Tiryaq 3 years
7. Laooq 2 years
8. Laboob 2 years
9. Halwa 2 years

10. Mufarreh/Yaqooti 2 years
11. Burood/Surma/Kohal 3 years
12. Kushta 5 years
13. Raughaniyat 3 years
14. Marham/Zimad/Qairooti 3 years
15. Ayarij/Sufoof 2 years
16. Safoof (Namak wala/containing salt) 1 year
17. Sharbat/Sikanjabeen 3 years
18. Jawarish 3 years
19. Capsule 3 years
20. Arq 1 year
21 Qutoor 1 year
22. Nabeez 5 years
23. Murabba 1 year
24. Tila 2 years]

1
[PART XVIII

 

GOVERNMENT ANALYSTS AND INSPECTORS
FOR AYURVEDIC (INCLUDING SIDDHA) OR UNANI DRUGS

162. Duties of Inspectors specially authorised to inspect the manufacture of Ayurvedic

(including Siddha) or Unani drugs—Subject to the instructions of the controlling authority, it
shall be the duty of an Inspector authorised to inspect the manufacture of Ayurvedic
(including Siddha) or Unani drugs–

1. Ins. by notification F.1-23/6, dt. 2-2-1970.

194

 

 

Drugs and Cosmetics Rules 1945

(i) to inspect not less than twice a year, all premises licensed for manufacture of
Ayurvedic (including Siddha) or Unani drugs within the area allotted to him and to satisfy
himself that the conditions of the licence and the provisions of the Act and the rules made
thereunder are being observed;

(ii) to send forthwith to the controlling authority after each inspection a detailed
report indicating whether or not the conditions of the licence and the provisions of the Act
and the rules made thereunder are being observed;

(iii) to take samples of the drugs manufactured on the premises and send them for test
or analysis in accordance with these rules;

(iv) to institute prosecutions in respect of violation of the Act and the Rules made
thereunder.

1
[162A. Qualifications of the State Drug Licensing Authority for Licensing

of Ayurvdeda , Siddha and Unani drugs− (a) The Ayurvedic/ Siddha/ Unani qualifications
as per Schedule II of the Indian Medicine Central Council Act, 1970 (84 of 1970)/ B Pharma
(Ayurveda) of a recognized University.

(b) At least 5 years experience in the Ayurveda/ Siddha/ Unani drug manufacturing or
testing of Ayurvedic, Siddha and Unani drugs or enforcement of provisions of Chapter IVA
of the Drugs and Cosmetics Act,1940 and Rules made thereunder or teaching/ research on
clinical practice of Ayurveda/ Siddha/ Unani System.]

163. Procedure for despatch of sample to Government Analyst and its receipt by the

Government Analyst—(1) Sample for test or analysis shall be sent to the Government Analyst
by registered post or by hand in a sealed package, enclosed together with a memorandum in
Form 18-A in an outer cover addressed to the Government Analyst.

(2) The package as well as the outer cover shall be marked with a distinguishing number.
(3) A copy of the memorandum and a specimen impression of the seal used to seal the

package shall be sent by registered post or by hand to the Government Analyst.
(4) On receipt of the package from an Inspector, the Government Analyst or an Officer

authorised by him in writing in this behalf shall open the package and shall also record the
conditions of the seals on the package.

(5) After the test or analysis has been completed, one copy of the results of the test or
analysis shall be supplied forthwith to the sender in Form 13-A. A copy of the result in
Form 13A shall also be sent simultaneously to the Controlling Authority and to the Drugs
Controller, India.

2
[PHARMACOPOEIAL LABORATORY FOR INDIAN MEDICINES TO FUNCTION

AS CENTRAL DRUGS LABORATORY FOR THE PURPOSE OF TESTING OR
ANALYSIS OF AYURVEDA, SIDDHA AND UNANI DRUGS

 

163.A Functions – The Pharmacopoeial Laboratory for Indian Medicine at Ghaziabad shall
function as a Central Drugs Laboratory for the purpose of testing or analysis of Ayurveda,
Siddha and Unani Drugs.
Its functions shall be:-

(1) to develop Pharmacopoeial standards and draft monographs and amendments
alongwith standardized methods for the Ayurvedic, Siddha, Unani drugs;

(2) to act as Central Appellate Drug Laboratory for testing of Ayurveda, Siddha and
Unani drugs,

(3) to analyse or test such samples of Ayurvedic, Siddha, Unani drugs as may be sent
to it under sub-section (2) of section 11, or under sub-section (4) or section 25, of the Act;

(4) to maintain reference museum and herbarium for the drugs used in Ayurveda,
Siddha and Unani (ASU) system.

(5) to run a training centre for quality control methods in the Ayurveda, Siddha or
Unani systems of medicines;

(6) to carry out such other duties as may be entrusted to it by the Government of India.

1. Ins. by G.S.R. 76 (E), dt. 3.2.2003.
2. Ins. by G.S.R. 352 (E), dt. 1.6.2006.

195

 

 

Drugs and Cosmetics Rules 1945

163B. The functions of the Central Drug Laboratory in respect of Ayurvedic, Siddha and Unani

drugs shall be carried out at the Pharmacopoeial Laboratory for Ayurvedic, Siddha and Unani
medicine, Ghaziabad, (Uttar Pradesh) and the functions of the Director in respect of the said drugs
shall be exercised by the Director of the said laboratory.

163C. Despatch of samples for test or analysis – (1) Samples for testing or analysis of Ayurveda,

Siddha and Unani drugs under Sub-section (2) of Section 11 or sub-section (1) of section 25 and
section 33-H of the Act shall be sent by registered post in a sealed packet, enclosed with a
memorandum in Form 1 A, specified in Schedule A, in an outer cover addressed to the Director,
Pharmacopoeial Laboratory for Indian Medicine.

(2) The packet as well as the outer cover, shall be marked with a distinguished number.

(3) A copy of the memorandum in Form 1A and a specimen impression of the seal used to seal the

packet shall be sent separately by registered post to the Director, Pharmacopoeial Laboratory for
Indian Medicine.

163D. Recording of condition of seals – On receipt of the packet, it shall be opened by an officer

authorized in writing on that behalf by the Director, Pharmacopoeial laboratory for Indian
Medicine, who shall record the condition of the seal on the packet.

163E. Report of result of test or analysis – After test or analysis, the result of the test or analysis,

together with full protocols of the tests applied, shall be supplied forthwith to the sender in Form
2A of as specified in the said schedule.

163F. Fees – The fees for test and analysis shall be as specified in Schedule B-1

163G. Signature on certificates – Certificates issued under these rules by the Pharmacopoeial

Laboratory for Indian Medicine, shall be signed by the Director or by an officer authorized by the
Central Government to sign such certificates.

164. Method of test or analysis to be employed in relation to Ayurvedic (including

Siddha) or Unani drugs.—The method of test or analysis to be employed in relation to an
Ayurvedic (including Siddha) or Unani drug shall be such as may be specified in the
Ayurvedic (including Siddha) or Unani Pharmacopoeia, or if no such pharmacopoeias are
available or if no tests are specified in such pharmacopoeias, such tests as the Government
Analyst may employ, such tests being scientifically established to determine whether the drug
contains the ingredients as stated on the label.

165. Qualifications of Government Analyst. —A person who is appointed a Government
Analyst under section 33 F of the Act shall be a person possessing the qualifications
prescribed in rule 44 or a degree in Ayurveda, Siddha or Unani System, as the case may be,
conferred by a University, a State Government or Statutory Faculties, Councils and Boards of
Indian Systems of Medicine recognized by the Central or State Government, as the case may
be, for this purpose and has had not less than three years‘ post graduate experience in the
analysis of drugs in a laboratory under the control of (i) a Government Analyst appointed
under the Act, or (ii) a Chemical Examiner to Government, or (iii) the Head of an institution
specially approved for the purpose by the appointing authority.

166. Duties of Government Analyst– (1) The Government Analyst shall analyze or test or

cause to be analyzed or tested such samples of Ayurvedic (including Siddha) or Unani drugs
as may be sent to him by Inspectors or any other persons or authority authorised by the
Central Government or State Government under the provisions of Chapter IV A of the Act
and shall furnish reports of the results of test or analysis in accordance with these rules.

 

196

 

 

Drugs and Cosmetics Rules 1945

(2) A Government Analyst appointed under section 33F shall from time to time forward
to the Government reports giving the result of analytical work and research with a view to
their publications at the discretion of the Government.]

1
[167. Qualifications of Inspector.–A person who is appointed an Inspector under section

33G shall be a person who—
(a) has the qualifications laid down under rule 49 and shall have undergone

practical training in the manufacture of Ayurvedic (including Siddha) or Unani drug, as
the case may be; or

(b) has a degree in Ayurvedic or Siddha or Unani System or a degree in Ayurveda

Pharmacy, as the case may be, conferred by a University or State Government or a
Statutory Faculty, Council or Board of Indian Systems of Medicine recognized by the
Central Government or the State Government for this purpose; or

(c) has a diploma in Ayurveda, Siddha or Unani Systems, as the case may be, granted

by a State Government or an Institution recognized by the Central Government or a State
Government for this purpose.

2
[PART XIX

STANDARDS OF AYURVEDIC, SIDDHA AND UNANI DRUGS

168. Standards to be complied with in manufacture for sale or for distribution of
Ayurvedic, Siddha and Unani Drugs.-

Class of Drugs Standards to be complied with

3

1. [* * *] drugs included in The standards for identity, purity and strength as
Ayurvedic Pharmacopoeia. given in the editions of Ayurvedic

Pharmacopoeia of India for the time being in

force.

2. Asavas and Arishtas The upper limit of alcohol as self generated
alcohol should not exceed 12% v/v excepting
those that are otherwise notified by the Central
Government from time to time.]

 

1. Amended by G.S.R. 376 (E), dt. 20.7.1978.
2. Ins. by G.S.R. 519(E), dt. 26.6.1995.
3.The word ―Single‖ omitted by G.S.R. 422(E), dt. 11.6.2002.

197

 

 

Drugs and Cosmetics Rules 1945

1
[169. Permitted Excipients.- Permitted Excipients along with their standards i.e. additives,

preservatives, antioxidants, flavouring agents, chelating agents etc. permitted in the Indian
Pharmacopoeia (IP), Prevention of Food Adulteration Act, 1954 and Bureau of Indian Standard
Act, 1986 are permitted for use in Ayurveda, Siddha and Unani drugs with the following
conditions, namely:-

1. The above excipients shall be used in the permissible limits as prescribed in the Indian
Pharmacopoeia/ Prevention of Food Adulteration Act, 1954/ Food Product Order/ Bureau of
Indian Standard Act, 1986 and they shall comply with the respective quality specifications,
not exceeding any specified limits of usage therein, and except Hydrogenated vegetable oil.

2. Only Natural coloring agents as permitted under rule 26 of Prevention of Food Adulteration
Rules, 1955 will be used for Ayurveda, Siddha and Unani drugs and additionally, colors
permitted under Rule 127 of the Drugs and Cosmetics Rules, 1945 shall be used for
Proprietary Ayurveda, Siddha and Unani drugs as defined in subclause (i) of clause (h) of
section 3 of Drugs and Cosmetics Act, 1940, not exceeding any specified limits of usage
therein.

 

3. Preservatives and Coloring agents shall be mentioned on the label for the information of the
consumer as required under rule 161 of the Drugs and Cosmetics Rules, 1945.

4. Additives used in various processes and in formulating dosage forms shall be mentioned
clearly with quantities used, in the application for licenses and the record for the same shall
be maintained by the manufacturers.

 

5. Manufacturers shall be responsible to ensure rationality, safety and quantity used of various
excipients in the formulation.

 

6. If any excipients or additive or preservative etc. referred in Indian Pharmacopoeia/
Prevention of Food Adulteration Act, 1954/ Food Product Order/ Bureau of Indian Standard
Act, 1986 is deleted at a particular point of time, this will also be deleted simultaneously for
the use in Ayurveda, Siddha and Unani drugs.

 

7. Following artificial sweeteners as per maximum limit indicated below may be used in
various dosage forms of Ayurveda, Siddha, Unani Proprietary Medicines:-

Artificial sweeteners may be used only in proprietary ASU products and the label of such

products should carry a statutory warning stating the name and quantity of the artificial sweetener
used.

 

The recommended Acceptable Daily Intake (ADI) of these sweeteners as laid down by US
FDA is as follows:

 

Sr. No. Sucralose Aspartame Saccharin Acesulfame K
1 5 mg/kg body 40 mg/kg body 5 mg/kg body 15 mg/kg body weight weight

weight weight

One third of the above ADI would be permissible for use in Ayurveda, Siddha, Unani Patent

and Proprietary Drugs.

8. Any previous notification issued by the Department of AYUSH regarding use of excipients
/ additives or preservatives in Ayurveda, Siddha and Unani medicines stands superseded.]

1. Subs. by G.S.R. 755 (E), dt. 23.10.2008. Earlier ins. by G.S.R. 285 (E), dt. 11.5.2005.

 

198

 

 

Drugs and Cosmetics Rules 1945

SCHEDULE A

FORM 1

(See rule 4)

Memorandum to the Central Drugs Laboratory

Serial Number …………………………….

To the Director, Central Drugs Laboratory ………………………………………………

From………………………………..

I send herewith, under the provisions of section 25 (4) of the Drugs and Cosmetics Act,

1940, sample(s) of a drug purporting to be ………………..for test or analysis and request that a

report of the result of the test or analysis may be supplied to this Court.

(2) The distinguishing number on the packet is ……………………………………..

(3) Particulars of offence alleged ………………………………………………………….

(4) Matter on which opinion is required …………………………………

(5) A fee of Rs …………….. has been deposited in Court.

Date ……………….. ……………….

Magistrate

1
[FORM 1

(See rule 163C)

Memorandum to the Pharmacopoeial Laboratory for Indian Medicine (PLIM)

From …………………………….

(Full name, Designation and Postal address of the sender)

Serial No………………………………..

To the Director,

Pharmacopoeial Laboratory for Indian Medicine,

I send herewith, under the provisions of section 11(2)/section 25(4) and section 33H
of the Drugs and Cosmetics Act, 1940, sample(s) of a drug purporting to be ………………..for
test or analysis and request that a report of the result of the test or analysis may be
supplied to this Court.

(2) The distinguishing number on the packet is ……………………………………..

(3) Particulars of offence alleged ………………………………………………………….

(4) Matter on which opinion is required …………………………………

(5) A fee of Rs …………….. has been deposited in Court.

Date ……………….. ……….…………….

Magistrate/Authorized Signatory]

1. Ins. by G.S.R. 352(E) , dt. 1.6.2006.

199

 

 

Drugs and Cosmetics Rules 1945

FORM 2

(See rule 6)

Certificate of test or analysis by the Central Drugs Laboratory

Certified that the sample bearing number ………………………………… ………………..

purporting to be a sample of. ………………………………………….. received on ……………….. with

memorandum No ………………………………………………………. dated……………………………… from

……………………………………….. has been tested / analysed and that t he result of s uch t e s t /

analysis is as stated below.

2. The condition of the seals on the packet on receipt was as follows: —

*3. In the opinion of the undersigned the sample is of standard quality is not of
standard quality as defined in the Drugs and Cosmetics Act, 1940 and Rules thereunder for

the reasons given below:–

Director

Date……………… Central Drugs Laboratory or other authorised officer
Details of results of test or analysis with protocols of test applied

Director

Date………………Central Drugs Laboratory or other authorised officer
* If opinion is required on any other matter, the paragraph should be suitably amended.

1
[FORM 2A

(See rule 163E)

Certificate of test or analysis from the Pharmacopoeial
Laboratory for Indian Medicine or Governmen Analyst

Certified that the sample bearing number ………………………………… ………………..

purporting to be a sample of. ………………………………………….. received on ……………….. with

memorandum No ………………………………………………………. dated……………………………… from

……………………………………….. has been tested / analysed and that t he result of s uch t e s t /

analysis is as stated below.

2. The condition of the seals on the packet on receipt was as follows: —

*3. In the opinion of the undersigned the sample is of standard quality as defined in the

Drugs and Cosmetics Act, 1940 and Rules thereunder for the reasons given below.

Or

In the opinion of the undersigned the sample is not of standard quality as defined in the

Drugs and Cosmetics Act, 1940 and Rules thereunder for the reasons given below.

―Note: *delete whichever is not applicable.‖

(Signature of the Analyst Person-in-Charge of testing)

Date…………….
Place…………….

Name & Designation and Seal…………….
Name and Address of the laboratory ……………]

1. Ins. by G.S.R. 352(E) , dt. 1.6.2006.

200

 

 

Drugs and Cosmetics Rules 1945

1
FORMS 3-7 (Omitted)

2
[FORM 8

 

(See rule 24)

Application for licence to import drugs (excluding those specified in Schedule X) to the
Drugs and Cosmetics Rules, 1945

I/We* ………………………………………………… (full address with telephone number, fax
number and e-mail address) hereby apply for a licence to import drugs specified below
manufactured by M/s ……………………………………. (full address with telephone no, fax and
e- mail no.).

2. Names of the drugs to be imported:

(1)

(2)

(3)

3. I/We* …………………………………………….. enclose herewith an undertaking in Form 9

dated …………signed by the manufacturer as required by rule 24 of the Drugs and Cosmetics
Rules, 1945.

 

4. I/We* …………………………………………… enclose herewith a copy of Registration

Certificate concerning the drugs to be imported in India, issued under Form 41 of the rules,

vide Registration Certificate No …………………dated ……………… issued through M/s.

……………………….. (name and full address) …………………………..valid up to …………………………..

5 I/We* ……………………………………………. hold a valid wholesale licence for sale or
distribution of drugs or valid licence to manufacture drugs, under the provisions of the Act and
rules made thereunder. A copy of the said licence is enclosed.

 

6. A fee of ………………has been credited to Government under the Head of Account “0210-
Medical and Public Health, 04-Public Health, 104-Fees and Fines” under the Drugs and
Cosmetics Rules, 1945 – Central vide Challan No ……………………. dated …………….(attached in
original)

Signature …………………..

Name…………………………
Designation ……………….

Seal/Stamp of Manufacturer’s agent in India.

Place: ……

Date: ………..

*Delete whichever is not applicable.]

1. Forms 3 to 7 omitted by Notfn. No. F. 1-16/57-D, dt. 15-6-1957.
2. Subs. by G.S.R. 604(E) , dt. 24.8.2001.

 

201

 

 

Drugs and Cosmetics Rules 1945

 

1
[FORM 8A

 

(See rule 24)

Application for licence to import drugs specified in Schedule X to the Drugs and Cosmetics
Rules, 1945

 

I/We* …………………………. (full address with telephone number, fax number and e-mail

address) hereby apply for a licence to import drugs specified below manufactured by
M/s ………………………………… (full address with telephone no, fax and e-mail no.).

2. Name of the drugs to be imported:

(1)

(2)

(3)

3. I/We* …………………………………. enclose herewith an undertaking in Form 9
dated……………signed by t h e manufacturer a s required by rule 24 of the Drugs a nd

Cosmetics Rules, 1945.

4. I/We* ……………………………………. enclose herewith a copy of Registration Certificate

concerning the drugs to be imported in India, issued under Form 41 of the rules, vide
Registration Certificate No dated issued through M/s.

………………………………………… (name and full address) ………………………. ……………

valid upto………………………………

5. I/We* ……………………….. hold a valid wholesale licence for sale or distribution of drug or
licence to manufacture drugs, under the provisions of the Act and rules made thereunder.
A copy of the said licence is enclosed.

6. A fee of …………………….. has been credited to Government under the Head of Account

“0210 – Medical and Public Health, 04- Public Health, 104- Fees and Fines” under the

Drugs and Cosmetics Rules 1945 – Central vide Challan No ………………….. dated ……………..
(attached in original).

Signature ……………………………
Name ……………………………….

Designation ………………………..

Seal/Stamp of Manufacturer’s agent in India.]

Place: ……

Date: ………..

*Delete whichever is not applicable.

1. Subs. by G.S.R. 604(E), dt.24.8.2001.

 

 

202

 

 

Drugs and Cosmetics Rules 1945

FORM 9

(See rule 24)

Form of undertaking to accompany an application for an import licence

Whereas ………………………… of……………………….. intends to apply for a licence under the

Drugs and Cosmetics Rules, 1945, for the import into India, of the drugs specified below
manufactured by us, we……………………………of…………………………..hereby give
this undertaking that for the duration of the said licence—

(1) the said applicant shall be our agent for the import of drugs into India;
1

(2) we shall comply with the conditions imposed on a licence by [rules 74 and 78] of
the Drugs and Cosmetics Rules, 1945;

(3)we declare that we are carrying on the manufacture of the drugs mentioned in
this undertaking at the premises specified below, and we shall from time to time report any
change of premises on which manufacture will be carried on and in cases where
manufacture is carried on in more than one factory any change in the distribution of
functions between the factories;

 

(4) we shall comply with the provisions of Part IX of the Drugs and Cosmetics Rules,
1945;

 

(5) every drug manufactured by us for import under licence into India shall as
regards strength, quality and purity conform with the provisions of Chapter III of the Drugs
and Cosmetics Act, 1940, and the Drugs and Cosmetics Rules, 1945;

 

(6) we shall comply with such further requirements, if any, as may be specified by
Rules, by the Central Government under the Act and of which the licensing authority has
given to the licensee not less than four months’ notice.

Names of drugs and classes of drugs

Particulars of premises where manufacture is carried on.

2
Date………………….. [Signature, Name, Designation Seal/Stamp

of manufacturer or on behalf of the manufacturer.]

1. Subs. by. G.S.R. 462(E), dt. 22.6.1982.
2. Subs. by G.S.R. 604(E), dt. 24.8.2001

203

 

 

Drugs and Cosmetics Rules 1945

.

1
[FORM 10

(See rules 23 and 27)
Licence to import drugs (excluding those specified in Schedule X) to the Drugs and

Cosmetic Rules, 1945

Licence Number ………….. Date… …………..

1. ……………………………………………………………………………. (Name and full address of the

importer) is hereby licensed to import into India during the period for which the licence is in

force, the drugs specified below, manufactured by M/s …………………………………………..

(name and full address) and any other drugs manufactured by the said manufacturer as may

from time to time be endorsed on this licence.

2. This licence shall be in force from ……………………… to …………. unless it is sooner

suspended or cancelled under the said rules.

3. Names of drugs to be imported.

Place : ……….

Date : ………. Licensing Authority

Seal/Stamp

Conditions of Licence.

 

1. A photocopy of licence shall be displayed in a prominent place in a part of the
premises, and the original licence shall be produced, whenever required.

2. Each batch of drug imported into India shall be accompanied with a detailed batch
test report and a batch release certificate, duly signed and authenticated by the
manufacturer with date of testing, date of release and the date of forwarding such
reports. The imported batch of each drug shall be subjected to examination and
testing as the licensing authority deems fit prior to its marketing.

 

3. The licensee shall be responsible for the business activities of the manufacturer in
India along with the registration holder and his authorised agent.

 

4. The licensee shall inform the licensing authority forthwith in writing in the event of
any change in the constitution of the firm operating under the licence. Where any
change in the constitution of the firm takes place, the current licence shall be deemed
to be valid for a maximum period of three months from the date on which the change
takes place unless, in the meantime, a fresh licence has been taken from the licensing
authority in the name of the firm with the changed constitution.]

1. Subs. by G.S.R. 604(E) ,dt. 24.8.2001.

 

204

 

 

Drugs and Cosmetics Rules 1945

 

1
[FORM 10A

(See rules 23 and 27)

Licence to import drugs specified in Schedule X to the Drugs and Cosmetics Rules, 1945

Licence Number ……………………….. Date…………………….

…………………………………………………………………………………………………(Name and full address of

the importer) is hereby licensed to import into India during the period for which the licence is

in force, the drugs specified below, manufactured by M/s ……………………………….. (name and

full address) and any other drugs manufactured by the said manufacturer as may from time to
time be endorsed on this licence.

2. This licence shall be in force from ……………………….. to …………………….. unless it is

sooner suspended or cancelled under the said rules.

3. Names of drugs to be imported.

Place:………………….

Date: …………………

Licensing Authority
Seal/Stamp.

*Delete whichever is not applicable.

Conditions of Licence

1. A photocopy of licence shall be displayed in a prominent place in a part of the
premises, and the original licence shall be produced, whenever required.

 

2. Each batch of drug imported into India shall be accompanied with a detailed batch
test report and a batch release certificate, duly signed and authenticated by the
manufacturer with date of testing, date of release and the date of forwarding such
reports. The imported batch of each drug shall be subjected to examination and
testing as the licensing authority deems fit prior to its marketing.

 

3. The licensee shall be responsible for the business activities of the manufacturer in
India along with the registration holder and his authorised agent.

 

4. The licensee shall inform the licensing authority forthwith in writing in the event of
any change in the constitution of the firm operating under the licence. Where any
change in the constitution of the firm takes place, the current licence shall be deemed
to be valid for a maximum period of three months from the date on which the change
takes place unless, in the meantime, a fresh licence has been taken from the licensing
authority in the name of the firm with the changed constitution.]

1. Subs. by G.S.R. 604(E), dt. 24.8.2001.

205

 

 

Drugs and Cosmetics Rules 1945

FORM 11

(See rule 33)

Licence to import drugs for the purposes of examination, test or analysis

1 ………………of …………………….. is hereby licensed to import from ………………………….. the
drugs specified below for the purposes of examination, test or analysis at
………………………….or in such other places as the licensing authority may from time to time
authorise.

2. This licence is subject to the conditions prescribed in the Rules under the Drugs and
Cosmetics Act, 1940.

3. This licence shall, unless previously suspended or revoked, be in force for a period of
one year from the date specified below:–

Name of drugs Quantities which may be imported

Date……………………….. Licensing Authority

Seal/Stamp

1
[FORM 1 1 A

(See rule 33A)
Licence to import drugs by a Government Hospital or Autonomous Medical Institution for

the treatment of patients

Licence No ……………. Date……………….
Dr. ………………………………………………….. ……………………………………………Designation
…………………………………………………………………………………………………..of

…………………………………………………………………………………………………….
(Name of College/Hospital/Autonomous Institution)

is hereby licenced to import from M/s …………………………(name and full address) the drugs
specified below for the purpose of treatment of patients for the disease (name of the disease)
……………….. at ……………………….. or in such other places as the licensing authority may from
time to time authorise.

2. This licence shall, unless previously suspended or revoked, be in force for a period of
one year from the date of issue specified above.

3. Names of drugs to be imported:

Name of drugs Quantities which may be imported

Place : …………
Date :………….

 

Licensing Authority
Seal / Stamp

Conditions of Licence
1. The licence shall be displayed in the Office of the Medical Superintendent of

Government Hospital / Head of Institution of Autonomous Medical Institution.
2. The licensee shall store the drugs imported under this licence under proper

storage conditions.
3. The drugs imported under this licence shall be exclusively used for the treatment

of patients, and a record shall be maintained in this regard, by a registered pharmacist
giving the full name(s) and address(es) of the patients, diagnosis, dosage schedule, total
quantity of drugs imported and issued, and shall be countersigned by the Medical
Superintendent of the Government Hospital or Head of the Autonomous Medical
Institution which shall be produced, on demand by an Inspector appointed under the Act.]
___________________________________________________________________________
1. Subs. by G.S.R.. 604(E), dt. 24.8.2001.

206

 

 

Drugs and Cosmetics Rules 1945

FORM 12

(See rule 34)

Application for licence to import drugs for purpose of examination, test or analysis

I,… …………………………………resident of ………………………………. by
occupation………………. hereby apply for a licence to import the drugs specified below for

the purposes of examination, test or analysis at ………………………… from ……………………..and
I undertake to comply with the conditions applicable to the licence.

1
[A fee of rupees …………………. has been credited to Government under the head of

 

Account ―0210-Medical and Public Health, 04-Public Health, 104-Fees and Fines‖ under the
Drugs and Cosmetics Rules, 1945—Central vide Challan No…….dated………(attached in
original).]

Name of drugs Quantities which may be imported

Place……..

Date……… L i c e n s i n g A u th o r i t y

1. Subs. by G.S.R. .604(E), dt. 24.8.2001.

1
[FORM 12A

 

(See rule 36, Second Proviso)

Application for the issue of a permit to import small quantities of drugs for personal
use

I, ………………………………….. resident of ……………………………………………………..by

occupation…………………………………………. hereby apply for a permit to import the drugs
specified below for personal use from …………………………………………………………..

I attach a prescription from a registered medical practitioner in regard to the need for the

said drugs.

Name of drugs Quantities which may be imported

Date…………………………. Signature………………………

1. Added by Notifn No. F.1-36/54-DS, dt: 3.3.1955.

207

 

 

Drugs and Cosmetics Rules 1945

1
[FORM 12AA

(See rule 34A)

Application for licence to import small quantities of new drugs by a Government Hospital or
Autonomous Medical Institution for the treatment of patients.

I, ……………… …………… (name and designation) …………………………. ……………..
of ………………………………… (name of the Hospital/Autonomous Medical Institution)
hereby apply for a licence to import small quantities of new drugs specified below for the
purpose of treatment of patients for the disease …………………………………………….. (name of the
disease)…… … ………… at……………………………….(name and place of the hospital)
and I undertake to comply with the conditions applicable to the licence and other provisions
of the Drugs and Cosmetics Act, 1940 and the rules made thereunder, from time to time.

 

1. A fee of rupees …………. has been credited to Government under the Head of
Account “0210-Medical and Public Health, 04- Medical and Public Health, 104- Fees
and Fines” under the Drugs and Cosmetics Rules, 1945 – Central vide Challan
No……………..dated …………………. (attached in original).

2. Name of new drugs to be imported:

Name of drugs Quantities which may be imported

 

Place: ……….. Signature……………………..

Date: ……….. Name…………………………

Seal/Stamp………………….

Certificate

Certified that the drugs specified above for import are urgently required for the
treatment of patients suffering from and that the said drug(s) is/are not available in India.

 

 

Place………….. Signature …………… ……..
Date …………….. Medical Superintendent of the Government Hospital / Head of

Autonomous Medical Institution
Seal / Stamp.]

1. Subs. by. G.S.R. 604(E), dt. 24.8.2001.

208

 

 

Drugs and Cosmetics Rules 1945

 

1
[FORM 12B

(See rule 36, Second Proviso)

Permit for the import of small quantities of drugs for personal use

…………………………of ……………………………………….. is hereby permitted to

import from………………………………….. the drugs specified below for personal use.

2. This permit is subject to the conditions prescribed in the Rules under the Drugs and
Cosmetics Act, 1940.

3. This permit shall, unless previously suspended or revoked, be in force for a period of
six months from date specified below.

 

Name of drugs Quantities which may be imported

Date…………….. Licensing Authority]

 

FORM 13

(See rule 46)
Certificate of test or analysis by Government Analyst under section 25 (1) of the Drugs and

Cosmetics Act, 1940

1. Name of Inspector from whom received …………………………..

2. Serial No. and date of Inspector’s memorandum……………………….

3. Number of sample ……………………………………………

4. Date of receipt ………………………………

5. Name of drugs purporting to be contained in the sample ……………………..
2

6. Condition of seals on the [packet or on portion of sample or container] ……………………..

7. Result of test or analysis with protocols of test or analysis applied ………………………..

In the opinion of the undersigned the sample referred to
above (is of standard/is not of standard) quality as defined in the Drugs and
Cosmetics Act, 1940 and Rules thereunder for the reasons given below.

for the reasons given below:-

Date………………. Government Analyst.

1. Subs. by. G.S.R. 753(E), dt. 4.11.1999.
2. Subs. by G.S.R. 59(E), dt. 7.2.1995.

 

209

 

 

Drugs and Cosmetics Rules 1945

 

1
[FORM 13A

 

[See rule 163 (5)]

Certificates of tests or analysis by Government Analyst under section 33H of the Drugs and
Cosmetics Act, 1940

1. Names of Inspector from whom received ……………………………………………

2. Serial No. and date of Inspector’s memorandum …………………………………….

3. Number of sample……………………………………………………………………………..

4. Date of receipt ………………………………………………………..

5. Names of ingredients purporting to have been used in the preparation of the sample…..

6. Condition of seals on the package …………………………………………………………….

7. Results of test or analysis ……………………………………………………..

2
[In the opinion of the undersigned the sample referred to above is of standard/is not of standard
quality as defined in the Drugs and Cosmetics Act, 1940 and the rules made thereunder for the
reasons given below]

Date………………. Government Analyst..]

FORM 14A

(See rule 47)

Application from a purchaser for test or analysis of a drug under Section 26 of the Drugs and
Cosmetics Act, 1940

1. Full name and address of the applicant …………………………………………………………..

2. Occupation……………………………………………………….

3. Name of drug purporting to be contained in the sample ……………………………………

4. Name and full address of the pharmacy or concern where the drug was
purchased…………….

5. Date on which purchased……………………………………………………………………

6. Reasons why the drug is being submitted for test or analysis………………………….
3
[7. A fee of rupees …………………………………………………… vide Schedule B of the Drugs and

 

Cosmetics Rules, 1945, has been credited to Government under the head of account “080—
Medical—Miscellan e ou s—Fees und er th e Drug s and Co smetics Ru les, 194 5—
Central/State”—vide treasury receipt attached.]

 

I hereby declare that the drug being submitted for test was purchased by or for me. I
further declare that the sample of the drug being sent for test or analysis is exactly as it was
purchased and has not been tampered with in any way to reduce its potency.

Date………………………… Signed…. …….

1. Added by Notfn. No. F 1-23/67-D (S.O. 642), dt. 2.2.1970.
2. Ins. By G.S.R. 376(E), dt: 3..5.2010.
3. Added by Notfn. No. F. 1-3/51-D.S., dt. 15-10-1954

 

210

 

 

Drugs and Cosmetics Rules 1945

FORM 14-B

(See rule 47)

Certificate of test or analysis by Government Analyst under Section 26 of the Drugs and
Cosmetics Act, 1940

1. Name of person from whom sample received ………………………………………

2. Date of receipt ………………………………………………………………………………

3. Name of drug purporting to be contained in the sample ……………………………….

4. Opinion of the Government Analyst—The sample referred to above is/is not of
standard quality as defined in the Drugs and Cosmetics Act, 1940 and Rules thereunder.

Date………………. Government Analyst………….

1
[FORM 15

 

(See rules 54 and 145C)

Order under section 22 (1)(c) of the Drugs and Cosmetics Act, 1940 requiring a person not
to dispose of stock in his possession

Whereas, I have reasons to believe that the stocks of drugs/cosmetics in your
possession, detailed below contravene the provisions of section 18 of the Drugs and Cosmetics
Act, 1940;

 

Now, therefore, I hereby require you under clause (c) of sub-section (1) of section 22 of

the said Act not to dispose of the said stock for a period of ……………… days from the date of this

order.

Date………………… Inspector……………

Details of stock of drugs/ cosmetics

Date……………………… Inspector……………….]

2
[FORM 16

(See rules 55 and 145-B)

Receipt for stock of drugs or cosmetics for record, register, document or material object
seized under section 22 (1) (c) or (cc) of the Drugs and Cosmetics Act, 1940.

The stock of drugs or cosmetics for records, registers, documents or material objects
detailed below has / have this day been seized by me under the provisions of clause (c) or
clause (cc) of sub-section (1) of section 22 of the Drugs and Cosmetics Act. 1940 (23 of 1940)
from the premises of …………………………………….. situated at……………………………………..

 

Date……………………. Inspector. …………………..

Details of drugs, cosmetics, records, registers, documents or material objects seized.

Date……………………… Inspector. ……………………..]

1. Su b s . by G.S.R. 1594, dt. 28.10.1976.

2. Subs. by. G.S.R. 926 , dt. 24-6-1977.

211

 

 

Drugs and Cosmetics Rules 1945

 

1
[FORM 17

(See rules 56 and 145A)

Intimation to person from whom sample is taken

I have this day taken from the premises of ………………………….situated
at…………………………………….. samples of the drugs / cosmetics specified below for the purpose of
test or analysis.

 

Date……………………. Inspector. …………………..

Details of samples taken

Date……………………. Inspector. …………….]

2
[FORM 17A

 

(See rules 56A and 145AA)

Receipt for samples of drugs or cosmetics taken where fair price tendered thereof under
sub- section (I) of Section 23 of the Drugs and Cosmetics Act, 1940 is refused

To ……………………………..

3
Whereas I, this…………… day of ……… [20] ……….., have taken from the premises

of…….. situated at………………………….. samples of drugs/cosmetics as specified below:-

Details of Samples…………………………

And whereas I had offered to pay you rupees …………………. as the fair price of the

samples of drugs/cosmetics taken:

And whereas, you have refused to accept the fair price tendered thereof.

Now, therefore, I give you the receipt as the fair price tendered for the samples of the
drugs/cosmetics taken by me.

 

Date: ………………… Inspector ….. …..]

______________________________________________________________________________________________________________________

1. Subs. by S.O. 2139, dt. 5.6.1972.
2. Ins. by G.S.R. 292(E) , dt. 29.5.1997.
3. Subs. by G.S.R. 592(E) , dt. 13.8.2008.

 

212

 

 

Drugs and Cosmetics Rules 1945

FORM 18

(See Rule 57)

Memorandum to Government Analyst

Serial No. of Memorandum ………………………………………………………………………..

From:

To
The Government Analyst
…………………………
…………………………
The portion of sample / container described below is sent herewith for test or analysis

under the provisions of clause (i) of sub-section (4) of Section 23 of the Drugs and Cosmetics
Act, 1940.

 

The portion of sample/container has been marked by me with the following mark.
1

Details of portion of sample or container with [name of drug/cosmetic] which it
purports to contain—

Date………………… Inspector. ………………..

 

2
[FORM 18A

(See Rule 163 (1))
Memorandum to Government Analyst

Serial No……..
From
To

The Government Analyst
…………………………
…………………………

The portion of sample / container described below is sent herewith for test or analysis
under the provisions of Section 33H of the Drugs and Cosmetics Act, 1940.

 

The portion of sample / container has been marked by me with the following mark.

Details of portion of sample or container with name of ingredients from which it is
claimed to be made.

Date……………………. Inspector. …………………….

1. Subs. by G.S.R. 370(E), dt. 7.4.1994.

2. Added by Notfn. No. F 1-23/67-D, dt. 2-2-1970.

213

 

 

Drugs and Cosmetics Rules 1945

 

1
[FORM 19

[See rule 59 (2)]
2

Application for grant or renewal of a [licence to sell, stock or exhibit or offer for sale,
or distribute] of drugs other than those specified in Schedule

1 . I / We* ……………………………..hereby apply for licence to sell by wholsesale/retail drugs

specified in Schedules C and C(1) excluding those specified in Schedule X *and/or drugs
other than those specified in Schedules C, C(1) and X to the Drugs and Cosmetics Rules, 1945
*and also to operate a pharmacy on the premises situated at………………………………………………..

2. ** The sale and dispensing of drugs will be made under the personal supervision of the
registered pharmacists namely:-

(Name) ………………………………………. (Qualification)…………………………………………

(Name) …………………………………………(Qualification)……………………………………………

3. Categories of drugs to be sold …………………………………………………………………………
***

4. Particulars of special storage accommodation ………………………………………………………..

5. A fee of rupees ………………………………….. has been credited to the Government account under
the head of account ………………………………..

Date…………………………………. Signature ……………………. ]

* Delete whichever is not applicable.
**

To be deleted if drugs will be sold only by wholesale.
***

Required only if products requiring special storage are to be sold.

1. Subs. by G.S.R. 462(E), dt. 22.6.1982.
2. Subs. by G.S.R. 788(E), dt. 10.10.1985.

FORM 19A

[See rule 59 (2)]

1
Application for the grant or renewal of a restricted [licence to sell, stock or exhibit or offer

2
for sale, or distribute] drugs by retail by [***] dealers who do not engage the

services of a registered pharmacist

1. I/We ……………………………………… of. …………………………………………..hereby

apply for a licence to sell by retail
3

(i) [Drugs other than those specified in Schedule C, C1 and X] on the premises situated
2

at……/ [***]
4

or (ii) [Drugs specified in Schedule C(1)] on the premises situated at …………………/
4
[Drugs specified in Schedule C(1)] as vendor in the area……………………

2. Sales shall be restricted to such drugs as can be sold without the supervision of a
registered pharmacist under the Drugs and Cosmetics Rules.

3. Names or classes of drugs proposed to be sold ……………………………………………
5

*4. Particulars of the storage accommodation for the storage of [Schedule C(1)] on the
premises referred to above.

**5. The drugs for sale will be purchased from the following dealers and such other
dealers as may be endorsed on the licence by the Licensing Authority from time to time.

Name of the dealers………………………………….Licence No………………………………

214

 

 

Drugs and Cosmetics Rules 1945

2
6. A fee of rupees [***]/#twenty has been credited to Government under the head of
account……………………………………………………………………..

Date…………………………. Signature ……………………

*Delete whichever is not required.

**Applies only to an itinerant vendor.

#
Rupees five for itinerant vendors and applicant from a village or town having a population of 5000

or less, and rupees twenty for other restricted licence.

1. Subs. by G.S.R. 788(E) ,dt. 10.10.1985.
2. Omitted by. G. S. R. 231(E) , dt. 4.6.1996.
3. Subs. by G.S.R. 462(E), dt. 22.6.1982.
4. Subs. by.G.S.R. 487(E) , dt. 2.7.1984.

1
[FORM 19AA

 

(See rule 62C)

2
Application for grant or renewal of a [licence to sell, stock or exhibit or offer for sale

by wholesale, or distribute] drugs from a motor vehicle

I / W e * of hereby
2

apply for [licence to sell, stock or exhibit or offer for sale by wholesale, or distribute]
drugs specified in Schedules C and C (1) and /or drugs other than those specified in Schedules C
and C (1) from the vehicle bearing registration no._ assigned under the Motor
Vehicles Act, 1939.

 

2. Categories of drugs to be sold / distributed

3. A fee of rupees has been credited to Government under

the head of account

*4.Particulars of the storage accommodation for the storage of drugs specified in
Schedules C and C (1) on the vehicle referred to above.

 

Date Signature

*Delete if not required.

1. Ins. by. G.S.R. 42 (E), dt. 25.1.1979.
2. Subs. by.G.S.R. 788(E), dt. 10.10.1985.

FORM 19B

(See rule 67A)
1

Application for [licence to sell, stock or exhibit or offer for sale, or distribute]
Homoeopathic medicines

1 . I / We* ………………….. of…………………………… hereby apply for a licence to sell by

*wholesale/*retail Homoeopathic medicines on the premises situated at …………………………………

**2. The sale and dispensing of Homoeopathic medicines shall be made under the
personal supervision of the following competent person in -charge.

Name ……………………..

3 . A f ee o f rup e e s …………….has been credited to Government under the head of

account……………………………………………….

Date……………………. Signature ………………….

*Delete whichever is not required.
** To be deleted if Homoeopathic medicines will be sold by wholesale.

1. Subs. By G.S.R. 788(E), dt.10.10.1985.

215

 

 

Drugs and Cosmetics Rules 1945

1
[FORM 19C

 

[See rule 59(2)]

2
Application for grant or renewal of a [licence to sell, stock, exhibit or offer for sale,

or distribute] of drugs specified in Schedule .

1. I/We* …………………………………. of…………………………..hereby apply for a licence to

sell by *wholesale/*retail drugs specified in Schedule X to the Drugs and Cosmetics Rules,
1945. We operate a pharmacy on the premises, situated at ………………….

 

2. ** The sale and dispensing of drugs will be made under the personal supervision of
the registered pharmacists mentioned below:-

(Name) ……………………………………….. (Qualification)

(Name) …………………………………………(Qualification)

3. Name of drugs to be sold.

4. *** Particulars of storage accommodation.

5. A fee of rupees …………………………………… has been credited to Government account

under the head of account ………………………………

Date ……………. Signature ………………………

* Delete whichever is not applicable.

** To be deleted if drugs will be sold only by wholesale.

***Required only if products requiring special storage are to be sold.]

___________________________________________________________________________
1. Subs. by G.S.R. 462(E), dt. 22.6.1982.
2. Subs. by G.S.R. 788(E), dt. 10.10.1985.

 

FORM 20

[See rule 61(1)]

1
[Licence to sell, stock or exhibit or offer for sale, or distribute] drugs by retail other than

2
those specified in [Schedules C, C(1) and X]

1
1. ………………………………………… is hereby [licensed to sell, stock or exhibit or offer for

2
sale, or distribute] by retail drugs other than those specified in [Schedules C, C (1) and X]
of the Drugs and Cosmetics Rules 1945, *and to operate a pharmacy on the premises situated

 

at…………………….. subject to the conditions specified below and to provisions of the Drugs and

Cosmetics Act, 1940 and the Rules thereunder.

2 The licence shall be in force from …………………………………. to ………………………

3. Name (s) of qualified person (s) in charge …………………………………………….

4. Categories of drugs…………………………………………..

Name of the dealer…………………….Licence No…………………….

Date……………………………… Licensing Authority ……. ……….

* Delete whichever is applicable

Conditions of Licence

1. This licence shall be displayed in a prominent place in a part of the premises open to
the public.

 

2. The licensee shall comply with the provisions of the Drugs and Cosmetics Act, 1940 and
the Rules thereunder for the time being in force.

3. The licensee shall report to the Licensing Authority any change in the qualified staff
in charge within one month of such change.

216

 

 

Drugs and Cosmetics Rules 1945

4. No drug shall be sold unless such drug is purchased under cash or credit memo from

a duly licensed dealer or a duly licensed manufacturer.

5. The licensee shall inform the Licensing Authority in writing in the event of any
change in the constitution of the firm operating under the licence. Where any
change in the constitution of the firm takes place, the current licence shall be
deemed to be valid for a maximum period of three months from the date on which
the change takes place unless, in the meantime, a fresh licence has been taken from
the Licensing Authority in the name of the firm with the changed constitution.

 

_
1. Subs. by G.S.R. 788(E), dt. 10.10.1985
2. Subs. by.G.S.R. 462(E), dt. 22.6.1982

FORM 20A

[See rule 61 (1)]

1
Restricted [Licence to sell, stock or exhibit or offer for sale, or distribute] drugs by retail

2 3
other than those specified in [Schedules C, C (1) and X] for [***] dealers who do not

engage the services of a registered pharmacist

1
1. ………………………………..is hereby [licensed to sell, stock or exhibit or offer for sale, or

3
Distribute] on the premises situated at [***] …………………..the following drugs being drugs

2
other than those specified in [Schedules C, C (1) and X] of the Drugs and Cosmetics Rules,
1945, subject to the conditions specified below and to the provisions of the Drugs and
Cosmetics Act, 1940 and the Rules made thereunder.

 

2. The licence shall be in force from …………………………………. to ……………………..

3 The licensee can deal only in such drugs as can be sold without the supervision of
qualified person under the Drugs and Cosmetics Rules, 1945.

4

[***]

Name of the dealer …………………………………. Licence No ……………………….

Date……………………. Licensing Authority

 

Conditions of Licence

 

1. This licence shall be displayed in a prominent place in a part of the premises open to
. 3

the public [***].

2. The licensee shall comply with the provisions of the Drugs and Cosmetics Act,
1940 and the Rules thereunder for the time being in force.

 

3. No drug shall be sold unless such drug is purchased under a cash or credit memo
from a duly licensed dealer or a duly licensed manufacturer.

4. The licensee shall inform the Licensing Authority in writing in the event of any
change in the constitution of the firm operating under the licence. Where any change in
the constitution of the firm takes place, the current licence shall be deemed to be
valid for a maximum period of three months from the date on which the change
takes place unless, in the meantime, a fresh licence h as been taken from the
Licensing Authority in the name of the firm with the changed constitution.

1. Subs. by.G.S.R. 788(E), dt. 10.10.1985
2. Subs. by G.S.R. 462(E), dt. 22.6.1982.
3. Omitted by G.S.R. 231 (E) , dt. 4.6.1996
4 Sl. No. 4 omitted by G.S.R. 504(E) dt. 18.7.2002.

217

 

 

Drugs and Cosmetics Rules 1945

FORM 20B

[See rule 61 (1)]
1
[Licence to sell, stock or exhibit or offer for sale, or distribute] by wholesale, drugs other

2
than those specified in [Schedules C, C(I) and X]

1
1 ……………………………………….. is hereby [licensed to sell, stock or exhibit or offer for

2
sale, or distribute] by wholesale drugs other than those specified in [Schedules C, C(1) and X]
on the premises situated at …………… subject to the conditions specified below and to the

 

provisions of the Drugs and Cosmetics Act, 1940, and the Rules thereunder.

2. The licence shall be in force from …………………………..to ………………………….

Date…………………………. Licence No………………
Licensing Authority.

Conditions of Licence

1. This licence shall be displayed in a prominent place in part of the premises open to
the public.

2. The licensee shall comply with the provisions of the Drugs and Cosmetics Act,
1940 and the Rules thereunder for the time being in force.

 

3
[3 (i) No drug shall be sold unless such drug is purchased under a cash or credit

memo from a duly licensed dealer or a duly licensed manufacturer.
1

(ii) No sale of any drug shall be made to a person not holding the requisite [licence
to sell, stock or exhibit for sale, or distribute] the drug. Provided that this condition
shall not apply to the sale of any drug to—

 

(a) an officer or authority purchasing on behalf of Government, or

(b) a hospital, medical, educational or research institution or a registered medical
practitioner for the purpose of supply to his patients, or
4
[(c) a manufacturer of beverages, confectionery biscuits and other

non-medicinal products, where such drugs are required for processing these
products.]

5
[***]

 

5. The licensee shall inform the Licensing Authority in writing in the event of any
change in the constitution of the firm operating under the licence. Where any change
in the constitution of the firm takes place, the current licence shall be deemed to be
valid for a maximum period of three months from the date on which the change takes
place unless, in the meantime, a fresh licence has been taken from the Licensing
Authority in the name of the firm with the changed constitution.

1. Subs. by.G.S.R. 788(E), dt. 10.10.1985.
2. Subs. by G.S.R. 462(E) , dt. 22.6.1982.
3. Subs. by Notfn. No. F. 1/63/61-D, dt. 17.7.1963.
4.Ins. by S.O.23, dt:23.12.1969.
5.Clause 4 ommited by S.O. 289, dt:20.12.1992. Earlier clause 4 added by Notfn. F. No. 1-113/69-D, dt. 23.12.1969.

 

1
[FORM 20BB

 

(See rule 62-D)
2
[Licence to sell, stock or exhibit or offer for sale by wholesale, or distribute] drugs other than those

specified in Schedule C and Schedule C (1) to the Drugs and Cosmetics Rules, 1945 from
a motor vehicle

2

1 . … … … … i s h e r e b y [l i c e n s e d to sell, stock or exhibit or offer for sale by
wholesale, or distribute] drugs other than those specified in Schedule C and Schedule
C(1) from the vehicle bearing registration no.____________________ assigned under
under Motor Vehicles Act, 1939, subject to the conditions specified below and to the

218

 

 

Drugs and Cosmetics Rules 1945

provisions of the Drugs and Cosmetics Act, 1940 and the Rules made thereunder.

2. The licence shall be in force from to

3. Categories of drugs ……………………………………………….

Date:……….. Licence No……………..

Licensing Authority.

Conditions of Licence

1. This licence shall be displayed in a prominent place on the vehicle.

2. The licensee shall comply with the provisions of the Drugs and Cosmetics Act, 1940
and the Rules made thereunder for the time being in force.

 

3 (i) No drugs shall be sold by wholesale or distributed unless such drug is purchased under
a cash or credit memo from a duly licensed dealer or a duly licensed manufacturer.

 

(ii) No sale by wholesale or distribution of any drug shall be made to a person not
2

holding the requisite [licensed to sell, stock or exhibit or offer for sale by wholesale, or
distribute] the drug:

 

Provided that this condition shall not apply to the sale of any drug to—

( a) an officer or authority purchasing on behalf of the Government, or

( b) a hospital, medical, educational or research institution or a registered
medical practitioner for the purpose of supply to his patients, or

 

(c) a manufacturer of beverages, confectionery, biscuits and other non-medical
products, where such drugs are required for processing these products.

4. The licensee shall inform the Licensing Authority in writing in the event of change in the
constitution of the firm operating under the licence. Where any change in the constitution
of the firm takes place, the current licence shall be deemed to be valid for a maximum
period of three months from the date on which the change takes place unless, in the
meantime, a fresh licence has been taken from the Licensing Authority in the name of the
firm with the changed constitution.

 

5. The licensee shall inform the Licensing Authority in writing in the event of any change in
ownership of the vehicle specified in this licence within seven days of such change.

_
1. Added by Notfn. No. X. 11013/7/76-D&MS (G.S.R. 42(E)), dt. 25.1.1979.
2. Subs. by G.S.R .788(E), dt.10.10.1985

1
[FORM 20-C

 

(See rule 67-C)
2
[Licence to sell, stock or exhibit or offer for sale, or distribute] Homoeopathic medicines by

retail
2

1. ……………………is hereby [l i c e n s e d to sell, stock or exhibit or offer for sale
by wholesale, or distribute]by retail Homoeopathic medicines on the
premises situated at ………………….subject to the conditions specified below and to the
provisions of the Drugs and Cosmetics Act, 1940 and the Rules made thereunder.

 

2. The licence shall be in force from …………………………. to …………………..

3. Name of the competent person in-charge.

Date……………………………. Licensing Authority

Conditions of Licence

1. The licence shall be displayed in a prominent place in a part of the premises open to
the public.

2. The licensee shall comply with the provisions applicable to homoeopathic
219

 

 

Drugs and Cosmetics Rules 1945

medicines under the Drugs and Cosmetics Act, 1940 and the Rules made thereunder
for the time being in force.

 

3. The licensee shall report to the Licensing Authority any change in the competent
staff within one month of such change.

 

3
[4. This licence authorises the sale of Homoeopathic medicines made from one earlier potency

up to a quantity of 30 ml at a time.]
4
[5. Where any change in the constitution of the firm takes place, a licensee shall inform the

Licensing Authority in writing about the same and the current licence shall be valid only
for a period of three months from the date on which the change takes place unless, in
the meantime, name of the firm with the changed constitution.]

 

1. Added by Notfn. No. F. 1-35/64-D (G.S.R. 1185), dt. 18.8.1964.
2. Subs. by.G.S.R. 788(E), dt. 10.10.1985.
3. Added by.Notfn. No. F. 1-59/68-D (S.O. 4816), dt. 19.11.1969.
4. Added. G.S.R. 665, dt. 28-5-1977.

 

1
[FORM 20D

 

(See rule 67C)

2
[Licence to sell, stock or exhibit or offer for sale, or distribute] Homoeopathic medicines by

wholesale
2

1. …………………………………… is hereby [licensed to sell, stock or exhibit or offer for

sale, or distribute] by wholesale Homoeopathic medicines on the premises situated

at………………………………………………….subject to the conditions specified below and to the

provisions of the Drugs and Cosmetics Act,. 1940 and the Rules made thereunder.

2. The licence shall be in force from ………………………………………to……………………..

Date……………………….. Licensing Authority.

Conditions of Licence

1. This licence shall be displayed in a prominent place on the premises.

2. The licensee shall comply with the provisions as applicable to Homoeopathic
medicines under the Drugs and Cosmetics Act, 1940 and the Rules made thereunder
for the time being in force.

2
3. No sale of any drug shall be made to a person not holding the requisite [l i c e n s e d to

sell, stock or exhibit or offer for sale, or distribute] the drug. Provided that this conditions
hall not apply to the sale of any drug to (a) an authority purchasing on behalf of
Government, or (b) a hospital, medical, educational or research institute or a
Homoeopathic medical practitioner for the purpose of supply to his patients.

3
[4 The licensee shall inform the Licensing Authority in writing in the event of any change in

the constitution of the firm operating under the licence and the current licence shall be valid
only for a period of three months from the date on which the change takes place unless, in
the meantime, a fresh licence has been taken from the Licensing Authority in the name of the
firm with the changed constitution.]

_
1. Added by Notfn. No. F.1-35/64-D, dt. 18.8.1964.
2. Subs. by.G.S.R. 788(E), dt. 10.10.1985.
3. Added by G.S.R. 665, date 28.5.1977.

 

 

220

 

 

Drugs and Cosmetics Rules 1945

 

1
[FORM 20E

 

(See rule 67 EE)
2

Certificate of renewal of [Licence to sell, stock or exhibit or offer for sale, or distribute]
Homoeopathic medicines

1. Number of licence and date of issue …………………………………………..………….
Certified that licence no ….. in Form 20C / 20D granted on the ………………… to……………..

for sale of Homoeopathic medicines at the premises situated at ……………….has been renewed

for a period from ……… to ………………………..

2. Name of competent persons in-charge.

Date……………………… Licensing Authority.

1. Added by Notfn. No. F. 1-14/67-D, dt. 3.2.1969.
2. Subs. by G.S.R. 788 (E), dt. 10.10.1985

1
[FORM 20F

[See rule 61(3)]

Licence to sell, stock or exhibit for sale or distribute by retail drugs specified in Schedule X

1. ………..is hereby licensed to sell, stock or exhibit for sale or distribute by retail
drugs specified in Schedule X to the Drugs and Cosmetics Rules, 1945 on the premises
situated at………………………………………………………..

 

2. Names of drugs.

3. This licence shall be in force from………… …………….to……..……………

4. Name(s) of registered pharmacist in-charge.

5. The licence is subject to the conditions stated below and the provisions of the
Drugs and Cosmetics Act, 1940 and the Rules made thereunder.

 

Date:……………………..
Licence No………..

Licensing Authority……..

Conditions of Licence

1. This licence shall be displayed in a prominent place in a part of the premises open to the
public.

 

2. The licensee shall report to the licensing authority any change in the qualified staff
in charge within one month of such change.

 

3. No drug shall be stocked or sold unless such drug has been purchased under cash/credit
memo from a duly licensed dealer or a duly licensed manufacturer.

4. The licensee shall inform the licensing authority in writing in the event of any change
in the constitution of the firm operating under the licence. Where any change in the
constitution of the firm takes place, the current licence shall be deemed to be valid for a
maximum period of three months from the date on which the change takes place unless
in the meantime, a fresh licence has been taken from the licensing authority in the name
of the firm with the changed constitution.
.
1. Ins. by G.S. R. 462(E) , dt. 22.6.1982 corrected vide corrigendum G.S.R. 373(E) , dt. 2.5.1983.

 

 

 

221

 

 

Drugs and Cosmetics Rules 1945

 

 

1
[FORM 20G

[See rule 61(3)]

2
[Licence to sell, stock or exhibit or offer for sale, or distribute] by wholesale

drugs specified in Schedule X

2
1. ………………….is hereby [licensed to sell, stock or exhibit or offer for sale, or

distribute] by wholesale drugs specified in Schedule X to the Drugs and Cosmetics Rules,
1945 on the premises situated at……………………………………………………..

2. Names of drugs……………………………………

3. This licence shall be in force from…………….. to ………………………..

4. The licence is subject to the conditions stated below and the provisions of the
Drugs and Cosmetics Act, 1940 and the Rules made thereunder.

Date:……………………..

Licence No………..

Licensing Authority……..

Conditions of license
1. This licence shall be displayed in a prominent place in a part of the premises open to

the public.

2. The licensee shall comply with the provisions of the Drugs and Cosmetics Act, 1940
and the rules made thereunder.

 

3. No drug shall be stocked or sold unless such drug has been purchased under a cash or
credit memo from a duly licensed dealer or a duly licensed manufacturer.

 

4. The licensee shall forward to the licensing authority copies of the invoices of sales
made to the retail dealers.

5. No sale of any drug by wholesale shall be made to a person not possessing the requisite
2

[licence to sell, stock or exhibit or offer for sale, or distribute] drugs specified in Schedule
X :

 

Provided that this condition shall not apply to the sale of any drug to –

(a) an officer or authority purchasing on behalf of Government;

(b) a hospital, medical, educational or research institution, nursing home, Registered
Medical Practitioner for the purpose of supply to its/his patients or manufacturer
holding a licence in Form 25-E or 28-B to manufacture the drugs containing drugs
included in Schedule X.

3
[The licensee shall inform the licensing authority in writing in the event of any change in

the constitution of the firm operating under the licence, where any change in the constitution
of the firm takes place, the current licence shall be deemed to be valid for a maximum period of
three months from the date on which the change takes place unless in the meantime, a fresh
licence has been taken from the licensing authority in the name of the firm with the changed
constitution.]]

 

________________________________________________________________________
1. Ins. by. G..S. R. 462(E) , dt. 22.6.1982.
2. Ins. by. G.S..R. 788(E) , dt. 10.10.1985.
3. Ins. by 370(E), dt. 7.4.1994.

 

222

 

 

Drugs and Cosmetics Rules 1945

FORM 21

[See rule 61 (2)]
1
[Licence to sell, stock or exhibit or offer for sale,or distribute] by retail drugs specified in

2
Schedules C and C (1) [excluding those specified in Schedule X]

3 1
[1……………………………………………….. is hereby [licensed to sell, stock or exhibit or

offer for sale, or distribute] by retail the following categories of drugs specified in Schedules
2

C and C (1) [excluding those specified in Schedule X] to the Drugs and Cosmetics Rules,
19454 and to operate a pharmacy on the premises situated at ………………… subject t o the
conditions specified below and to the provisions of the Drugs and Cosmetics Act, 1940 and
the Rules thereunder.]

2. The licence shall be in force from ………………..to …………………..

3. Name(s) of registered pharmacists in charge … …………………………..
3
[4. Categories of drugs ……………………………………………………………..]

 

Date………………………………….
Licence No …………………..

Licensing Authority

*Delete if not applicable.

Conditions of License

 

1. This licence shall be displayed in a prominent place in a part of the premises open
to the public.

 

2. The licensee shall report to the Licensing Authority any change in the qualified
staff in charge within one month of such change.

4
[***]

 

4. If the licensee wants to sell, stock or exhibit for sale, or distribute, during the
currency of the licence, additional categories of drugs listed in Schedules C and C(I)
2
[excluding those specified in Schedule X] but not included in this licence, he should

apply to the Licensing Authority for the necessary permission. This licence will be
deemed to extend to the categories of drugs in respect of which such permission is
given. This permission shall be endorsed on the licence by the Licensing Authority.

5
[5. No drug shall be sold unless such drug is purchased under a cash or credit memo

from a duly licensed dealer or a duly licensed manufacturer.]

6. The licensee shall inform the Licensing Authority in writing in the event of any change in
the constitution of the firm operating under the licence. Where any change in the
constitution of the firm takes place, the current licence shall be deemed to be valid for a
maximum period of three months from the date on which the change takes place, unless in
the meantime, a fresh licence has been taken from the Licensing Authority in the name of
the firm with the changed constitution.

__________________________________________________________________________
1. Subs. by G.S.R.788(E), dt. 10.10.1985.
2. Subs. by G.S.R. 462(E), dt. 22.6.1982
3. Amended by. S.O. 2139 ,dt. 12-8-1972.
4. Omitted by. G.S.R. 17(E) , dt. 7.1.1986.
5. Inerted. by Notfn. No. F. 1-63/61, dt. 17.7.1963

 

223

 

 

Drugs and Cosmetics Rules 1945

FORM 21A

[See rule 61 (2)]

1
[Licence to sell, stock or exhibit or offer for sale, or distribute] by retail drugs specified in
2 3 4
[Schedule C (1)] [excluding those specified in Schedule X] [***] for dealers who do not

engage the services of a registered pharmacist
1

1. ……………………is hereby [licensed to sell, stock or exhibit or offer for sale, or
4

distribute] by retail on the premises situated at [***] the following drugs being drugs specified
2 3

in [Schedule C (1)] [excluding those specified in Schedule X] to the Drugs and Cosmetics
Rules, 1945, subject to the conditions specified below and to the provisions of the Drugs and
Cosmetics Act, 1940 and the Rules thereunder.

 

2. The licence will be in force from………………………………….. .

2 3
3. Particulars of [Schedule C (1)] [excluding those specified in Schedule X] drugs to be

sold.

5
[***]

Name of dealer(s)………………. Licence No………..

Date ……………………….. Licensing Authority

Conditions of Licence.

1. This licence shall be displayed in a prominent and conspicuous place in a part of the
6

premises open to the public [***]

7
[***]

3. The licensee shall deal only in such drugs as can be sold without the supervision of

a “qualified person” as defined in the Explanation to sub-rule (15) of rule 65 of the Drugs
and Cosmetics Rules, 1945.

4. No drug shall be sold unless such drug is purchased under cash or credit memo
from duly licensed manufacturer.

5. The licensee shall inform the Licensing Authority in writing in the event of any
change in the constitution of the firm operating under the licence. Where any
change in the constitution of the firm takes place, the current licence shall be
deemed to be valid for a maximum period of three months from the date on which
the change takes place unless, in the meantime, a fresh licence has been taken from
the Licensing Authority in the name of the firm with the changed constitution.

_________________________________________________________________________
1 Subs. by G.S.R.788(E), dt. 10.10.1985.
2 Ins. By S.O. 1458, dt:27.4.1965.
3. Ins. by G.S.R. 462(E), dt. 22.6.1982.
4. Amended. by G.S.R 487(E), dt. 2.7.1984.
5. Item 4 omitted G.S.R. 504(E), dt. 18.7.2002
6. Certain words omitted by G.S.R. 231 (E), dt. 4.6.1996
7. Condition No. 2 omitted by G.S.R. 17 (E), dt:7.1.1986.

 

224

 

 

Drugs and Cosmetics Rules 1945

FORM 21B

[See rule 61(2)]
1
[Licence to sell, stock or exhibit or offer for sale, or distribute] by wholesale drugs specified in

2
Schedules C and C (1) [excluding those specified in Schedule X

1
1. …………………is hereby [licensed to sell, stock or exhibit or offer for sale, or

distribute] by wholesale on the premises situated at the following categories of drugs specified
2

in Schedule. C and C (1) [excluding those specified in Schedule X] to the Drugs and
Cosmetics Rules, 1945.

Categories of drugs
2. This licence shall be in force from …………………………… to……………………….

3
[2A. The sale shall be made under the personal supervision of a competent person.

(Name of the competent person)].

3. This licence is subject to the conditions stated below and to the provisions of the
Drugs and Cosmetics Act, 1940 and the rules thereunder.

 

Licence No ………..

Date………………………. Licensing Authority.

Conditions of Licence

1. This licence shall be displayed in a prominent place in a part of the premises open
to the public.
4
[2.***]

 

3. If the licensee wants to sell, stock or exhibit for sale or distribute during the
currency of the licence additional categories of drugs listed in Schedules C and C (1)
2
[excluding those specified in Schedule X] but not included in this licence, he

should apply to the Licensing Authority for the necessary permission. This licence
will be deemed to extend to the categories of drugs in respect of which such
permission is given. This permission shall be endorsed on the licence by the
Licensing Authority.

5
[4. (i) No drug shall be sold unless such drug is purchased under a cash or credit memo

from a duly licensed dealer or a duly licensed manufacturer.

(ii) No sale of any drug shall be made for purposes of resale to a person not holding the
requisite licence to sell, stock or exhibit for sale or distribute the drug:

Provided that this condition shall not apply to the sale of any drug to —

(a) an officer or authority purchasing on behalf of Government, or

(b) a hospital, medical, educational or research institute or a registered medical
practitioner for the purpose of supply to his patients, or

 

6
[(c) a manufacturer of hydrogenated vegetable oils, beverages, confectionary and other

non-medicinal products, where such drugs are required for processing these products.]
7
[5.***]

8
[6. The licensee shall inform the Licensing Authority in writing in the event of any change

in the constitution of the firm operating under the licence. Where any change in the
constitution of the firm takes place, the current licence shall be deemed to be valid for
a maximum period of three months from the date on which the change takes place
unless, in the meantime, a fresh licence has been taken from Licensing Authority in the
name of the firm with the changed constitution.

________________________________________________________
1. Subs. by. G.S.R.788(E), dt. 10.10.1985.
2. Subs. by.G.S.R.462(E), dt. 22.6.1982
3. Ins. by.G.S.R. 681(E), dt. 6.6.1988.
4. Condition no. 2 omitted by.G.S.R. 17(E), dt. 7.1.1986
5 Added by. Notfn. No. F. 1-63/61 -D, dt. 17.7.1963.
6.Added by Notfn. No. F. 1-113/69-D, dt. 23.12.1969.
7. Condition 5 omitted by S.O. 289, dt 20.12.1973 (w.e.f. 3.2.1973)
8. Ins. By S.O. 1458, dt:27.4.1965.

225

 

 

Drugs and Cosmetics Rules 1945

1
[FORM 21BB

[See Rule 62D]

Licence to sell by wholesale or to distribute drugs specified in Schedule C and Schedule C (1)
to the Drugs and Cosmetics Rules, 1945 from a motor vehicle.

1. …………………………. is hereby licensed to sell by wholesale, or to distribute drugs

specified in Schedule C and Schedule C(1) from the vehicle bearing registration no.
………………………………. assigned under Motor Vehicles Act, 1939, subject to the conditions
specified below and to the provisions of the Drugs and Cosmetics Act, 1940 and the Rules
made thereunder.

2. The licence shall be in force from ………………………. to …………………..

3. Categories of drugs …………………………………………………………..

Date ……………….. Licence No……………

Licensing Authority………..

Conditions of licence

1. This licence shall be displayed in a prominent place on the vehicle.

2. No drugs to which this licence applies shall be sold by wholesale or distributed unless
the precautions as are published by the Licensing Authority from time to time in the
Official Gazette have been observed throughout the period during which it has been in the
possession of the licensee.

3. If the licensee wants to sell by wholesale or distribute during the currency of the
licence, additional categories of drugs listed in Schedules C and C (1) not included
in this licence, he shall apply to the Licensing Authority for necessary permission.
This licence shall be deemed to extend to the categories of drugs in respect of
which such permission is given. This shall be endorsed on the licence by the
Licensing Authority.

 

4. (i) No drugs shall be sold by wholesale or distributed unless such drug is purchased
under a cash or credit memo from a duly licensed manufacturer.

(ii) No sale for wholesale or distribution of any drug shall be made for the purpose of resale
to a person, not holding the requisite licence to sell, stock or exhibit for sale or distribute
the drug:

Provided that this condition shall not apply to the sale of any drug to—

(a) an officer or authority purchasing on behalf of the Government, or

(b) a hospital, medical, educational or research institution or a registered medical
practitioner for the purpose of supply to his patients, or

(c) a manufactures of hydrogenated vegetable oils, beverages, confectionery and
other non-medical products, where such drugs are required for processing their
products.

5. The licensee shall inform the Licensing Authority in writing in the event of any
change in the constitution of the firm operating under the licence. Where any
change in the constitution of the firm takes place, the current licence shall be
deemed to be valid for a maximum period of three months from the date on
which the change takes place unless, in the meantime, a fresh licence has been
taken from
the Licensing Authority in the name of the firm with the changed constitution.

6. The licensee shall inform the Licensing Authority in writing in the event of any
change in the ownership of the vehicle specified in this licence within seven days of
such change.]

1. Added by Notfn. No. 11013/7/76DSMS (G.S.R. 42(E), dt. 25.1.1979.

 

226

 

 

Drugs and Cosmetics Rules 1945

FORM 21C

(See rule 63A)
1

Certificate of renewal of [licence to sell, stock or exhibit or offer for
sale, or distribute] drugs

Number of licence and date of issue………………………………………………………………
2

1. Certified that licence No ……………………. in [Form 20, 20A, 20B, 20F, 20G, 21,

21A or 21B], granted on the…………………to ……………. for sale of the following drugs at the

premises situated at………………. has been renewed for a period from ……………………….to …………

2. Categories or particulars of drugs …………………………………………….

3. Name (s) of registered pharmacist(s) in-charge……………………….

Date………………………………. Licensing Authority.

1. Subs. by G.S.R. 788(E),dt. 10.10.1985.
2. Subs. by .S.R. 462(E),dt. 22.6.1982.

1
[FORM 21CC

(See rule 63B)
2

Certificate of renewal of [licence to sell, stock or exhibit or offer for sale by wholesale,
or distribute] drugs from a motor vehicle

Number of licence and date of issue……………………………………………………………..

1. Certified that licence no……………….in Form 20-BB or Form 21-BB granted on the

…………………………….to…………………………………………..for sale by wholesale or
distribution of the following drugs from the vehicle bearing registration
No………………………………. assigned under the Motor Vehicles Act, 1939 has been
renewed for a period from……………………………..to …………………………………………

 

2. Categories of the drugs:

……………………….

……………………….

Date…………….. Licensing Authority.
____________________________________________________________________________
1. Subs. by G.S.R. 788(E), dt.10.10.1985.
2. Added by Notfn. No. 11013/7/76DSMS (G.S.R. 42(E), dt. 25.1.1979.

FORM 22

(See rule 67)

(Omitted by S.O. 289, dt. 20.12.1972)

FORM 23

(See rule 67)

(Omitted by S.O. 289, dt. 20.12.1972)

 

FORM 24

(See rule 69)
1

Application for the grant of or renewal of a [licence to manufacture for sale or for distribution]
2

of drugs other than those specified in [Schedules C and C (1) and X]

227

 

 

Drugs and Cosmetics Rules 1945

1 . I / We …………………………………………of. ………………………………… hereby apply for the

grant / renewal of a licence to manufacture on the premises situated at …………………….. the
2

following drugs being drugs other than those specified in [Schedules C and C (1) and X] of the
Drugs and Cosmetics Rules, 1945.

2. Names of drugs categorized according to Schedule M.

3. Names, qualifications and experience of technical staff employed for manufacture
and testing.

4. A fee of rupees ……………………………………………… has been credited to Government

under the head of account ……………………………………………………………..

Date……………………………… Signature ………………..

Note: The application should be accompanied by a plan of the premises.

1.
1. Subs. by. G.S.R. 788(E), dt. 10.10.1985.
2. Subs. by G.S.R. 462(E), dt. 22.6.1982.

FORM 24A

(See rule 69A)

1
Application for grant or renewal of a loan [licence to manufacture for sale or for distribution]

2
of drugs other than those specified in [Schedules C and C (I) and X]

#

1 . I /We*…………………………………………………of ……………………………………..hereby apply

for the grant/renewal of a loan licence to manufacture on the premises situated
§

at…………………………………………………………. C/o ………………………………………… the under-
2

mentioned drugs, other than those specified in [Schedules C and C(1) and X] to the
Drugs and Cosmetics Rules, 1945.

 

Names of drugs (each substance to be separately specified).
2. The names, qualifications and experience of the expert staff actually connected with the

manufacture and testing of the specified products in manufacturing premises.

3. I/We enclose–

(a) A t ru e c o p y of a let t e r fr om m e /u s to the m a nufac t u r i n g c o nce r n wh os e
manufacturing capacity is intended to be utilized by me/us.

 

(b) A true copy of a letter from the manufacturing concern that they agree to lend the
services of their expert staff, equipment and premises for the manufacture of each item
required by me/us and that they will analyse every batch of finished product and
maintain the registers of raw materials, finished products and reports of analysis
separately in this behalf.

 

(c) Specimens of labels, cartons of the products proposed to be manufactured.

4. A fee of rupees………………………………………………………………has been credited to

Government under the head of account …………………………………………………………..

Date……………………………………………… Signature …………….………….

*
Enter here the name of the proprietor, partners of Managing Director as the case may be.

#
Enter here the name of the applicant firm and the address of the principal place of business.

§
Enter here the name and address of the manufacturing concern where the manufacture will be

actually carried out and also the Licence number under which the latter operates.
1. Subs. by G.S.R. 788(E), dt. 10.10.1985.
2. Subs. by G.S.R. 462(E), dt. 22.6.1982.

228

 

 

Drugs and Cosmetics Rules 1945

1
[FORM 24B

 

(See rule 69A)
Application for grant or renewal of licence to repack for sale or distribution of drugs,

2
being drugs other than those specified in Schedules C and C (1) [excluding those

specified in Schedule X]

1 . 1 / We ………………of……………………….hereby apply for grant/renewal of a
licence to repack the following drugs at the premises situated at……………

2. Names of the drugs to be repacked …………………………………………………………….. ….

3. Name, qualification and experience of competent staff ……………………………………..

4. A fee of rupees ………… …………… h as been cr edit ed to Gover n m e nt under the
h e a d o f account ………………………………….. ………………………………………….

Date…………………………………… Signature of applicant.

NOTE :—The application shall be accompanied by a plan of the premises.

_________________________________________________________________________
1. Ins. By S.O. 1196, dt:6.5.1960.
2. Subs. by G.S.R. 462(E), dt. 22.6.1982.

1
[FORM 24C

(See rule 85B)

2
Application for the grant or renewal of a [licence to manufacture for sale or for
distribution of] Homoeopathic medicines or a licence to manufacture potentised

preparations from back potencies by licensees holding licence in Form 20C

3
[ 1 . I / W e * ………………………………… of …………………………………. holder of licence

 

no ………………………………………………. in Form 20-C hereby apply for the grant/renewal of
licence to manufacture the undermentioned Homoeopathic mother tinctures/potentised
preparations on the premises situated at………………………… ………………………………….

 

Name of the Homoeopathic preparations ………………………………………….. …………………. ….
( E a c h i t e m t o b e separately specified)].

 

2. Names, qualifications and experience of technical staff employed for manufacture and
testing of Homoeopathic medicines.

3. A fee of rupees ………………………………….. has been credited to Government under head

of account …………………………………………………………………………………………………

Date………………………………. Signature………………………….

Note 1. Delete whichever portion is not applicable.
2. The application should be accompanied by a plan of the premises.

_______________________________________________________________________
1. Amended by Notfn. No. F. 1-598-D, dt. 19.11.1969
2. Subs. by. G.S.R.788(E) dt. 10.10.1985.
3. Subs. by. G.S.R. 13(E) dt. 7.1.1983.

 

229

 

 

Drugs and Cosmetics Rules 1945

 

1
[FORM 24D

(See rule 153)
Application for the grant / renewal of a licence to manufacture for sale of Ayurvedic/

Siddha or Unani drugs

1 . I / W e ……………………………………. of……………………………………………..hereby apply for the

grant / renewal of a licence to manufacture Ayurvedic (including Siddha) or Unani drugs on
the premises situated at…………………………………………………. …………………………….

 

2. Names of drugs to be manufactured (with details)

3. Names, qualifications and experience of technical staff employed for manufacture and
testing of Ayurvedic (including Siddha) or Unani drugs ………………………………………

4. A fee of rupees …………………………. has been credited to the Government under the head

of account ……………………………… and the relevant Treasury Challan is enclosed herewith.

Date…………………………………….. Signature ………………………………..

(applicant)

Note—The application should be accompanied by a Plan of the premises.]

1. Added by Notfn. No. 1-23/67-D,dt. 2.2.1970.

1
[FORM 24E

 

(See rule 154A)

Application for grant or renewal of a loan licence to manufacture for sale
Ayurvedic (including Siddha) or Unani Drugs

* **
1. I / We …………………………………………………………………of ………………………….. hereby

apply for the grant / renewal of a loan licence to manufacture Ayurvedic (including Siddha) or

Unani Drugs on the premises situated at……………….…………………………………………..
***

C/o ………………………………………………………………….…………………………………………

2. Names of drugs to be manufactured (with details).

3. The names, qualifications and experience of technical staff actually connected with
the manufacture and testing of Ayurvedic (including Siddha) or Unani drugs in
the manufacturing premises.

4. I / We* enclose,

(a) A true copy of a letter from me/us to the manufacturing concern whose
manufacturing capacity is intended to be utilized by me / us.

(b) A true copy of a letter from the manufacturing concern that they agree to
lend the services of their competent technical staff, equipment and premises
for the manufacture of each item required by me/us and that they shall
maintain the registers of raw materials and finished products separately in
this behalf.

 

(c) Specimen of labels, cartons of the drugs proposed to be manufactured.

5. A fee of Rs ……………………………………………… has been credited to Government under
t h e h e ad o f a c c o un t ……………………………… and the relevant Treasury Challan is enclosed
herewith.

 

Date ……………………………….. Signature …………………. ………]
(applicant)

 

230

 

 

Drugs and Cosmetics Rules 1945

 

*
Enter here the name of the proprietor, partners or Managing Director as the case may be.

**

Enter here the name of the applicant firm and the address of the principal place of
business.
***

Enter here the name and address of the manufacturing concern where the manufacture will
be actually carried out and also the licence number under which the letter operates.
______________________________________________________________________
1. Added by G.S.R. 376 (E), dt. 20.7.1978.

1
[FORM 24F

(See rule 69)
2

Application for the grant or renewal of a [licence to manufacture for sale or for distribution of]
drugs specified in Schedule X and not specified in Schedules C and C(1)

1. I/We …………………. of ………………………………hereby apply for the grant/renewal

of licence to manufacture on premises situated at ………………………. the undermentioned drugs,

specified in Schedule X to the Drugs and Cosmetics Rules, 1945.

2. Names of drugs.

3. Names, qualifications and experience of technical staff employed for
manufacture and testing.

4. A fee of rupees…… has been credited to Government account under the head of

account…………………………………………….

Signature ……………. ……….

Date:………. Designation ………….. ……….]

 

1. Subs. by .G.S.R. 462(E) ,dt. 22.6.1982.
2. Subs. by G.S.R. 788(E) dt. 10.10.1985.

231

 

 

Drugs and Cosmetics Rules 1945

FORM 25

(See rule 70)

1
[Licence to manufacture for sale or for distribution of] drugs other than those specified in

2
[Schedules C and C(1) and X]

Number of Licence and date of issue ……………………………………………………….

 

1 ……………………………………………………………… is hereby licensed to manufacture the
2

following categories of drugs being drugs other than those specified in [Schedules C
and C (1) and X] to the Drugs and Cosmetics Rules, 1945, on the premises situated
at……………………………………………………………………… under the direction and supervision of the

3
following [competent technical staff]:

3
(a) [Competent technical staff]. (Names)……………………………………………

(b) Names of Drugs (each item to be separately specified)…………………………….….

2. The licence authorises the sale by way of wholesale dealing and storage for sale by the
licensee of the drugs manufactured under the licence, subject to the conditions applicable to
licence for sale.

 

3. The licence shall be in force from………………………………………… to ……………….

4. The licence is subject to the conditions stated below and to such other conditions as may
be specified in the Rules for the time being in force under the Drugs and Cosmetics Act, 1940.

 

Date ……………………………….

 

Signature …………

Designation ……….
4

[*Licensing Authority/
*Central Licence Appoving Authority.]

*Delete whichever is not applicable.

Conditions of Licence

1. This licence and any certificate of renewal in force shall be kept on the approved
premises and shall be produced at the request of an Inspector appointed under the
Drugs and Cosmetics Act, 1940.

 

2. Any change in the expert staff named in the licence shall be forthwith reported to
the Licensing Authority.

3. If the licensee wants to manufacture for sale additional items of drugs not included
above he should apply to the Licensing Authority for the necessary endorsement as
provided in Rule 69(5). This licence will be deemed to extend to the categories so
endorsed.

 

4. The licensee shall inform the Licensing Authority in writing in the event of any
change in the constitution of the firm operating under the licence. Where any change
in the constitution of the firm takes place, the current licence shall be deemed
to be valid for a maximum period of three months from the date on which the
change takes place unless, in the meantime, a fresh licence has been taken from the
Licensing Authority in the name of the firm with the changed constitution.
_
1. Subs. by. G.S.R. 788(E) ,dt. 10.10.1985
2. Subs. by G.S.R. 462(E), dt. 22.6.1982.
3. Subs. by G.S.R. 231(E), dt. 4.6..1996.
4 Subs. by G.S.R. 923(E), dt. 14.12.1992.

232

 

 

Drugs and Cosmetics Rules 1945

FORM 25A

(See rule 70A)
1

Loan [licence to manufacture for sale or for distribution of] drugs other than those specified
2

In [Schedules C and C (1) and X]

1. Number of licence and date of issue ……………………………………………………

2…………………………………………….. of …………………………… is hereby granted a loan
2

licence to manufacture the following drugs other than those specified in [Schedules C and C(1)
and X] t o t h e Drugs and Cosmetics Rules, 1945, on the premises situated at C/o under the

3
direction and supervision of the following [competent technical staff]:

3
(a) [competent technical staff] (Names):…………………….

(c) Names of drugs …………………………….

3. The licence authorises the sale by way of wholesale dealing and storage for sale by
the licensee of the drugs manufactured under the licence subject to the conditions applicable to
licences for sale.

 

4. The licence is subject to the conditions stated below and to such other conditions as
may be specified in the Rules for the time being in force under the Drugs and Cosmetics Act,
1940.

 

Date…………………………. Signature ………….

Designation .. …..

Conditions of Licence

1. This licence and any certificate of renewal in force shall be kept on the approved
premises and shall be produced at the request of an Inspector appointed under the
Drugs and Cosmetics Act, 1940.

 

3
2. Any change in the [competent technical staff] named in the licence shall be forthwith

reported to the Licensing Authority.

3. If the licensee wants to undertake during the currency of the licence the
manufacture for of sale additional drugs he should apply to the Licensing Authority
for the necessary endorsement to the licence as provided in Rule 69-A. This licence
will be deemed to extend to the drugs so endorsed.

 

4. The licensee shall inform the Licensing Authority in writing in the event of any
change in the constitution of the firm operating under the licence. Where any
change in the constitution of the firm takes place, the current licence shall be
deemed to be valid for a maximum period of three months from the date on which
the change takes place unless, in the meantime, a fresh licence has been taken from
the Licensing Authority in the name of the firm with the changed constitution.

1. Subs. by G.S.R. 788(E) , dt.10.10.1985.
2. Subs. by G.S.R. 462(E), dt. 22.6.1982.
3. Subs. by. G.S.R. 231(E) ,dt. 4.6.1996.

1
[ FORM 25B

(See rule 70)

Licence to repack for sale or distribution of drugs being drugs other than those specified in
2

Schedules C and C (1) [excluding those specified in Schedule X]

Number of licence and date of issue.

1. …….. …………………………….. of ……………………………….is hereby granted a licence to

repack the following drugs for sale or distribution on the premises situated
at…………………………… under the supervision of the following competent staff.

233

 

 

Drugs and Cosmetics Rules 1945

(a) Names of drugs to be repacked.

(b) Names of competent staff.

2. The licence shall be in force from ………………………………….. to ……………………….

3. The licence authorises the sale by way of wholesale dealing by the licensee and
storage for sale by the licensee of the drugs repacked under the licence subject to conditions
applicable to licences for sale.

 

4. The licence is subject to the conditions stated below and to such other conditions as
may be specified in the Rules for the time being in force under the Drugs and Cosmetics Act,
1940.

 

Date……………………………….. Signature … …………..

Conditions of Licence

1. This licence and any certificate of renewal in force shall be kept on the approved
premises and shall be produced at the request of an Inspector appointed under the
Drugs and Cosmetics Act, 1940.

 

2. Any change in the expert staff named in the licence shall be forthwith reported to
the Licensing Authority.

 

3. If the licensee wants to repack for sale or distribution additional items he should
apply to the Licensing Authority for the necessary endorsement to this licence.
This licence will be deemed to extend to only those items so endorsed.

4. The drugs repacked under this licence shall bear on their label, apart from other
particulars required by these Rules, the name and address of the licensee and the
number of the licence under which the drug is repacked preceded by the words
“Rpg. Lic. No.”.

 

5. The licensee shall inform the Licensing Authority in writing in the event of any
change in the constitution of the firm operating under the licence. Where any
change in the constitution of the firm takes place, the current licence shall be
deemed to be valid for a maximum period of three months from the date on which
the change takes place unless, in the meantime, a fresh licence has been taken from
the Licensing Authority in the name of the firm with the changed constitution.

1. Added by Notfn. No. F. 1-22/59-D, dt. 9-4-1960.
2. Subs. by G.S.R. 462(E), dt. 22.6.1992.

1
[FORM 25C

(See rule 85D)
2
[Licence to manufacture for sale or for distribution of] Homoeopathic medicines

 

Number of Licence and date of issue ……………………………………………………………
3
[*1. ……….………. of……………….. who holds a licence in Form 20-C is hereby

licensed to manufacture undermentioned Homoeopathic Mother Tinctures/ potentised and other
preparations on the premises situated at …. under the direction and supervision of the following
technical staff:

Names of the Homoeopathic preparations.
(Each item to be separately specified).

Names of the Technical Staff……………………………………………. ]

 

2. The licence shall be in force from …………………………………….. to ……………….

3. The licence is subject to the conditions stated below and to such other conditions as
may be specified in the Rules for the time being in force under the Drugs and Cosmetics Act,
1940.

234

 

 

Drugs and Cosmetics Rules 1945

 

Date……………………………….. Signature…….

Designation….

Conditions of Licence

1. This licence and any certificate of renewal in force shall be kept on the approved
premises and shall be produced at the request of an Inspector appointed under the
Drugs and Cosmetics Act, 1940.

 

2. Any change in the expert staff named in the licence shall be forthwith reported to
the Licensing Authority.

4
[3. The licensee shall inform the Licensing Authority in writing in the event of any change in

the constitution of the firm operating under the licence. Where any change in the
constitution of the firm takes place, the current licence shall be deemed to be valid for a
maximum period of three months from the date on which the change takes place unless, in
the meantime, a fresh licence has been taken from the Licensing Authority in the name of
the firm with the changed constitution.]

*Delete the words ―who holds a licence in Form 20C‖ in case this is not applicable.

1. Added by Notfn No. F.1-36/64-D, dt:18.8.1964
2. Subs. by.. G.S.R.788(E) , dt. 10.10.1985.
3. Subs. by. G.S.R. 13(E) , dt. 7.1.1983.
4. Added by S.O. 903, dt. 28.2.1976.

1
[FORM 25D

(See rule 154)

Licence to manufacture for sale of Ayurvedic (including Siddha) or Unani drugs

No. of Licence……………………………………………………………

1. …. ………………………………. is / are hereby licensed to manufacture the following
Ayurvedic (including Siddha) or Unani drugs on the premises situated
at…………………………………………………………………………………….. under the direction and
supervision of the following technical staff: —

 

(a) Technical staff (Names).

(b) Names of drugs (each item to be separately specified).

2. The licence shall be in force from ………………………………………. to ……………….

3. The licence is subject to the conditions stated below and to such other conditions as may
be specified in the Rules for the time being in force under the Drugs and Cosmetics Act, 1940.

 

Date of issue: ……………. Signature ……………

Designation …………

Conditions of Licence

1. This licence and any certificate of renewal in force shall be kept on the approved
premises and shall be produced at the request of an Inspector appointed under the
Drugs and Cosmetics Act, 1940.

 

2. Any change in the Technical staff named in the licence shall be forthwith reported
to the Licensing Authority.

3. This licence shall be deemed to extend to such additional items as the licensee may
intimate to the Licensing Authority from time to time, and as may be endorsed by
the Licensing Authority.

 

4. The licensee shall inform the Licensing Authority in writing in the event of any
change in the constitution of the firm operating under the licence. Where any
change in the constitution of the firm takes place, the current licence shall be

235

 

 

Drugs and Cosmetics Rules 1945

deemed to be valid for a maximum period of three months from the date on which
the change takes place unless, in the meantime, a fresh licence has been taken from
the Licensing Authority in the name of the firm with the changed constitution.]

1. Added by Notfn. No. 1-23/67 –D (S.O. 642), dt. 2-2-1970.

1
[FORM 25E

(See rule 154A)

Loan Licence to manufacture for sale Ayurvedic (including Siddha) or Unani Drugs

1. Number of Licence…………………………………………………………………….

2 …………………………………………………. of. ……………………………………. is hereby granted a

loan licence to manufacture for sale Ayurvedic (including Siddha) or Unani drugs, on the

premises situated at ……………………………………………. C/o……………………………………………..under

the direction and supervision of the following expert technical staff:

(a) Technical staff (Names)……………………………….

(b) Names of drugs (each item to be separately specified)

3. The licence shall be in force from ……………………………… to…………………………………

4. The licence is subject to the conditions stated below and to such other conditions as may
be specified in the Rules for the time being in force under the Drugs and Cosmetics Act, 1940.

Date of Issue………………………………………….

Signature ………………..
Designation ……………..

Conditions of Licence

1. This licence and any certificate of renewal in force shall be kept on the approved
premises and shall be produced on the request of an Inspector appointed under the
Drugs and Cosmetics Act, 1940.

 

2. Any change in the technical staff named in the licence shall be forthwith reported to
the Licensing Authority.

3. This licence shall be deemed to extend to such additional items as the licensee may
intimate to the Licensing Authority from time to time, and as may be endorsed by
the Licensing Authority.

 

4. The licensee shall inform the Licensing Authority in writing in the event of any
change in the constitution of the firm operating under the licence. Where any
change in the constitution of the firm takes place, the current licence shall be
deemed to be valid for a maximum period of three months from the date on which
the change takes place unless, in the meantime, a fresh licence has been taken from
the Licensing Authority in the name of the firm with the changed constitution.

______________________________________________________________________
1. Added by G.S.R. 376 (E), dt. 20.7.1978

1
[FORM 25F

(See rule 70)
2
[Licence to manufacture for sale or for distribution of] drugs specified in Schedule X and

not specified in Schedules C and C(I)

1. …………………………………………… of …………………..is hereby licensed to manufacture at

the premises situated at……………………………the following drugs specified in Schedule X to
the Drugs and Cosmetics Rules, 1945.

236

 

 

Drugs and Cosmetics Rules 1945

2. Names of drugs.

3
3. Names of approved [competent technical staff]

 

4. The licence authorises the sale by way of wholesale dealing and storage for sale
by the licensee of the drugs manufactured under the licence subject to the
conditions applicable to licence for sale.

5. The licence shall be in force ………………. to………………………………

6. The licence is subject to conditions stated below and to other conditions as may
be specified in the rules for the time being in force under the Drugs and Cosmetics Act,
1940.

Date of issue………………… Signature ………………………..

Licence No ………………… Designation …………………….
4
[*Licensing Authority/Central Licence Approving Authority.]

 

*Delete whichever portion is not required.

Conditions of Licence

1. The licence and any certificate of renewal in force shall be kept on the licensed premises
and shall be produced at the request of an Inspector appointed under the Drugs and Cosmetics
Act, 1940.

 

2. If the licensee wishes to undertake during the currency of the licence the manufacture
of any drug specified in Schedule X not included above, he should apply to the Licensing
Authority for the necessary endorsement of this licence. This licence shall be deemed to
extend to only those items so endorsed.

3
3. Any change in the [competent technical staff] shall be forthwith reported to the
Licensing Authority.

 

4. The licensee shall inform the Licensing Authority in writing in the event of any change in
the constitution of the firm operating under the licence. Where any change in the
constitution of the firm takes place, the current licence shall be deemed to be valid for a
maximum period of three months from the date on which the change takes place unless, in the
meantime, a fresh licence has been taken from the Licensing Authority in the name of the firm
with the changed constitution.

 

5. The licensee shall furnish to the Licensing Authority copies of the invoices of
sales made to dealers.

6. The licensee shall not manufacture drugs covered by this licence for use as
‘Physician’s Samples’.]
________________________________________________________________________________________
1. Subs. by G.S.R. 462(E) dt. 22.6.1982.
2. Subs. by G.S.R.788(E) dt. 10.10.1985.
3. Subs. by G.S.R.231(E) dt. 4.6.1996.
4. Subs. by G.S.R. 923(E) dt. 14.2.1992.

1
[FORM 26

(See rules 73 and 83)

Certificate of renewal of licence to manufacture for sale of drugs other than those specified in
Schedule X

1. Certified that licence No ……………………………………………………………… granted on

the……………… to ………………….. for the manufacture of the following categories of drugs being

*drugs other than those specified in Schedules C, C (1) and X/*drugs specified by Schedules C
and C (1) excluding those specified in Schedule X to the Drugs and Cosmetics Rules,
1945, at the premises situated at ……………………………………………….. has been renewed
from………………….. to…………………

2
2. Name(s) of approved [competent technical staff] ……………

237

 

 

Drugs and Cosmetics Rules 1945

3
[3 Names of the drugs (each item to be separately specified) …………………..

 

Signature ………………………..

Date…….. Designation ……………….
4
[Licensing Authority/ *Central Licence Approving Authority.]

*Delete whichever portion is not required.]

1. Subs. by G.S.R. 462(E) dt. 22.6.1982.
2. Subs. by G.S.R.231(E) dt. 4.6.1996
3. Ins. By G.S.R. 370(E) dt. 7.4.1994.
4. Subs. by G.S.R. 923(E), dt. 14.12.1992.

1
[FORM 26A

(See rules 73A and 83A)

Certificate of renewal of loan licence to manufacture for sale of drugs other than
those specified in Schedule X

1. Certified that a loan licence No ……………………………………………………granted on
the………………………………………. to……………………………………. for the manufacture of the
*drugs other than those specified in Schedules C, C (1) and X the undermentioned drugs
being drugs specified in Schedules C and C (1) excluding those specified in Schedule X, to
the Drugs and Cosmetics Rules, 1945, at the premises situated
at………………………… C/o …………………….has been renewed from ……………………. to……………….

 

2. Names of the drugs (each substance to be separately specified).
2

3. Names of the approved [competent technical staff]

Date ………………………..
Signature………..

Designation………]
* Delete whichever is not applicable.

1.Ins. by G.S.R. 462(E), dt. 22 .6.1982.

2. Subs. by G.S.R.231(E) dt. 4.6.1996.

1
[FORM 26B

 

(See rule 73B)

Certificate of renewal of licence to repack for sale or distribution of drugs being drugs other than
2

those specified in Schedules C and C (1) [excluding those specified in Schedule X]

1. Certified that licence No …………………………………………… granted on the…………………..
to………………………………..for the repacking of the following drugs at the premises situated
at …………………………………..has been renewed from …………………
to…………………………………………………..Names of drugs to be repacked ………………………………

2. Names of competent staff. ………………………………………….

Date : ….. Signature………

Designation……….

238

 

 

Drugs and Cosmetics Rules 1945

3
[*Licensing Authority.
*Central licence Approving Authority.]

* Delete whichever is not applicable.]

1 Added by Notfn. No. F.1-22/5 9-D, dt. 9.4.1964.
2 Subs. by G.S.R. 462(E) dt. 22.6.1982.
3. Ins. by G.S.R. 923(E) dt. 14.12.1992

 

FORM 26C

(See rule 85G)

Certificate of renewal of licence to manufacture for sale of Homoeopathic medicines

1. Certified that licence No …………………… granted on the……………………….
to………… for the manufacture for sale of the Homoeopathic mother tinctures/potentised
preparation at the premises situated at …………… has been renewed for a period
from the ……………………………………………………………. to ……………………………….. ……

2. Name of the technical staff ………………………………………………………… ……
1
[3. Names of the drugs (each item to be separately specified) ………………………. ]

Date………………..

Signature …….………..
Designation .. ………

1. Ins. by G.S.R. 370(E) dt. 7.4.1994.

 

1
[FORM 26D

(See rule 155)

Certificate of renewal of licence to manufacture for sale of Ayurvedic / Siddha or Unani drugs

1. Certified that licence No …………………………………………… granted on
the………………to Shri/ Messers ……………………………………………………………… for the
manufacture of Ayurvedic/Siddha/Unani drugs at the premises situated
at………………….has been renewed from………………………….to ………………………………

 

2. Names of technical staff ……………………………………………………….
2
[3. Names of drugs (each item to be separately specified).]]

Date ……….. Signature………..

Designation………..
____
1. Ins. by F. No.1 -23/67-D, dt. 2-2-1970.
2. Ins. by G.S.R 376 (E), dt. 20.7.1978

1
[FORM 26E

(See rule 155A)
Certificate of renewal of loan licence to manufacture for sale of

Ayurvedic / Siddha or Unani Drugs

1. Certified that loan Licence No ………………………………granted on
the……………………………………to…………………………………………………………
for the man ufacture ofAyurvedic/ Siddha or Unani drugs at the premises situated
at…………………………………………………….. C/o ……………………………………. has been renewed
from……………………………………………………..to …………………………………………….. …………….

239

 

 

Drugs and Cosmetics Rules 1945

2 Names of technical staff.

Date: ………… Signature….. … … .
Designation………..

1. Added by G.S.R. 376(E), dt. 20.7.1978.

 

1
[FORM 26E-I

(See rule 157B)
Certificate of Good Manufacturing Practices (GMP) to manufacture of

Ayurveda, Siddha or Unani drugs

Certified that manufacturing unit licensee, namely …………………. situated at …………….
State ……………… Licence No ……………………… comply with the requirements of Good
Manufacturing Practices of Ayurveda-Siddha-Unani drugs as laid down in Schedule T of the
Drugs and Cosmetics Rules, 1945.

2

This certificate is valid for a [period of five years and the Good Manufactruing Practices
(GMP) is valid for the various dosage forms or Rasaushadhis, as follows:]

Date :……. Signature………..

Place : . . . . Designation……

Licensing Authority for Ayurveda/ Siddha/ Unani Drugs.]

_________________________________________________________________________________________________________________

 

1.subs. by G.S.R.198(E), dt. 7.3.2003. Earlier Ins. by G.S.R. 561(E), dt. 23.6.2000.
2.Subs. by G.S.R. 376(E), dt. 3.5.2010

1
[FORM 26E2-I

(See rule 158C)
State Drug Controller or Licensing Authority for Ayurveda, Siddha and Unani Medicines

Name of the State or Union territory……..

Free Sale Certificate

It is certified that M/s. …….(Name of the company)……..situated at ………. (Address)
…………………. is holding valid Ayurvedic/Siddha/Unani Drug Manufacturing License
Number…………… valid till ……and certificate of Good Manufacturing Practices for the
State or Union territory of ……The manufacturer has applied for renewal of license on
………………(to be mentioned, if application for renewal of license has not been rejected).

It is also certified that the manufacturing plant siuated at

………..(Address)……..in which the Ayurvedic or Unani or Sidhha products are
manufactured, conforms to the requirement of Good Manufacturing Practices and is
subjected to inspection as per rules.

The firm has been permitted under License Number………..to manufacture and
market the following products (attach list of products, if multiple) freely for sale in India
under the provisions of the Drugs and Cosemtics Atc, 1940 and the rules thereunder.

(i)…………
(ii)…………
(iii)………..

 

Date :……. (Seal of issuing Officer) … … … … … … … …

240

 

 

Drugs and Cosmetics Rules 1945

( Signature and Name)

State Drug Controller/Licensing Authority

Address………………………………………

Name of State or Union territory…………]
_________________________________________________________________________________________________________________

 

1.Ins. by G.S.R. 153 (E), dt. 5.3.2014.

1
[FORM 26E2-II

(See rule 158C)
State Drug Controller or Licensing Authority for Ayurveda, Siddha and Unani Medicines

Name of the State or Union territory……..

Free Sale Certificate

It is certified that M/s. …….(Name of the company)……..situated at ………. (Address)
…………………. is holding valid Ayurvedic/Siddha/Unani Drug Manufacturing Loan
License Number…………… valid till ……and the valid certificate of Good Manufacturing
Practices for the State or Union territory of ……The manufacturer has applied for renewal
of loan license on ………………(to be mentioned, if application for renewal of license has
not been rejected).

It is also certified that the manufacturing plant siuated at

………..(Address)……..in which the Ayurvedic or Unani or Sidhha products are
manufactured, conforms to the requirement of Good Manufacturing Practices and is
subjected toinspection as per rules.

The firm has been permitted under Loan License Number………..to manufacture
and market the following products (attach list of products, if multiple) freely for sale in
India under the provisions of the Drugs and Cosemtics Atc, 1940 (23 of 1940) and the
rules thereunder.

(i)…………
(ii)…………
(iii)………..

 

Date :……. (Seal of issuing Officer) … … … … … … .

( Signature and Name)

State Drug Controller/Licensing Authority

Address………………………………………

Name of State or Union territory………… ]
_________________________________________________________________________________________________________________

 

1.Ins. by G.S.R. 153 (E), dt. 5.3.2014.

 

1
[FORM 26 E3

(See rule 158C)
State Drug Controller or Licensing Authority for Ayurveda, Siddha and Unani Medicines

Name of the State or Union territory……..

Non-Conviction Certificate

It is certified that M/s. …….(Name of the company)……..situated at ………. (Registered
Address) …………………. is holding valid Ayurvedic/Siddha/Unani Drug Manufacturing
License Number…………… in Form 25D/25E valid till ……and certificate of Good

241

 

 

Drugs and Cosmetics Rules 1945

Manufacturing Practices/valid Good Manufacturing Practices certificate of principal or
original manufacturer for the State or Union territory of ……The manufacturer has
applied for renewal of license on ………………(date to be mentioned, if application for
renewal of license has not been rejected).

As per the records of the State Drug Controller or Licensing Authority, as it may

be, and affidavit (Annexure I) given by the company, the firm has not been conicted under
the Drugs and Cosmetics Act, 1940 (23 of 1940) and the rules thereunder in the State or
Union territory of …….., during the last three years of the issuing of this certificate.

This certificate shall be valid only for six months from the date of issue.

 

Date :……. (Seal of issuing Officer) … … … … … … … … … … … … .

( Signature and Name)
State Drug Controller/Licensing Authority for

Ayurveda, Siddha and Unani Medicines.
Address………………………………………

Name of State or Union territory…………]

 

1
[ANNEXURE-1

(Proforma of Affidavit to be submitted on stamp paper of Rs. 50 attested by
Magistrate not below the rank of first class)

 

I, …………S/O………….age…….working as ……….of………..(Name and address of
the company)……from ……to……do hereby solemnly affirm and declare as under:

 

1. That I, in the capacity of Authorized Signnatory of ……(name and address of the
company)….,am duly competent to depose and verify the present affidavit.

2. That I apply for Non-conviction Certificate on behalf of M/s. …………..
3. Thar I declare that I am aware of the details of my organization asnd day to day

activities from….to….
4. That I hereby undertake that the Non-Conviction Certificate, if issued, will be

utilized for the bona fide purpose only.
5. I declare that the aforesaid firm is not convicted under the Drugs and Cosmetics Act,

1940 and rules thereunder during the last three years.
6. That it is my true statement.

……………………….
Signatature of Deponent

Verification

Verified at………….(Palce and State)……….….today on this………..…..day
of…..(month)….(Year)…..that the contents of the above affidavit are true to my
knowledge and belief and no part of it is false and nothing has been concealed
therefrom.

……………………….
Signature of Deponent]

Witness with Address
1.
2.

_________________________________________________________________________________________________________________

1.Ins. by G.S.R. 153 (E), dt. 5.3.2014.

242

 

 

Drugs and Cosmetics Rules 1945

 

1
[FORM 26F

(See rules 73 and 83)

Certificate of renewal of licence to manufacture for sale of drugs specified in Schedule X

1. Certified that licence No ………………………….. granted on the ……………. to …………..
for the ma nu facture o f drugs sp ec ified in Sc hed u le X to th e Dru g s an d Cosmetics
Rules, 1945, at the premises situated at………………………….. has been renewed
from……………………………………. to…………………………

2. Names of drugs (each substance to be separately specified).
2

3. Names of the approved [competent technical staff].

Date:………
Date of issue……

Signature………….
Designation……….

3
[*Licensing Authority/Central Licence Approving Authority]

*Delete whichever is not applicable.

1. Ins. by. G.S.R. 462(E) ,dt. 22.6.1982.
2. Subs. by G.S.R. 231(E), dt. 4.6.1996.
3. Subs. by G.S.R. 923(E), dt. 14.12.1992.

 

1
[FORM 26G

(See rules 122F)
Certificate of renewal of licence to operate a Blood Bank for processing of

whole human blood and/or* for preparation for sale or distribution of its
components

1. Certified that Licence No ………………….. . granted on …………….. to M/s……………….
…………………………………… for the operation of a Blood Bank for processing of whole human
blood and*/or for preparation of its components at the premises situated
at……………………………………. is hereby renewed with effect from……….. to ………………

2. Name(s) of items :

1.

2.

3.

3. Name(s) of competent Technical Staff:

1.

2.

3.

Dated………….

Signature………….
Designation……….

[*Licensing Authority/Central Licence Approving Authority]

* Delete whichever is not applicable.
1. Subs. by G.S.R 245(E) dt. 5.4.1999.

 

243

 

 

Drugs and Cosmetics Rules 1945

1
[FORM 26H

(See rules 68A, 76, 77, 78)

2

Certificate of renewal of licence to manufacture for sale of [Large Volume
Parenterals/Sera and Vaccines/recombinant DNA (r-DNA)derived drugs] specified in

Schedules C and C(I) excluding those specified in Schedule X

1. Certified that licence No…………………………. granted on the ……………… to ………… for
2

the manufacture of following [Large Volume Parenterals/Sera and Vaccines/recombinant
DNA (r-DNA) derived drugs] at the premises situated at…………………………… has been renewed
from……..to………

2. Name(s) of drug(s) …………………………………. ……………………………………….

(each item to be separately specified).

3. Name(s) of competent technical staff:
(a) responsible for manufacturing (b) responsible for testing

 

1. 1.
2. 2.
3. 3.
4. 4.

 

Date:………
Signature………….
Designation……….

[*Licensing Authority/Central Licence Approving Authority]
* Delete whichever is not applicable.

1. Ins. by G.S.R. 119(E), dt. 11.3.1996.

2. Subs. By G.S.R. 26 (E), dt: 19.1.2006.

1
[FORM 26-I

(See rules 122-I)

Certificate of renewal of licence for manufacture of blood product.
1. Certified that licence no ………………… granted on the ……………… to M/s. ……….. for

the manufacture of blood products at the premises situated at ………………………..is hereby
renewed with effect from ……………… to…………………

 

2. Name(s) of item (s):

1.

2.
3.

3. Name(s) of competent technical staff:

(a) responsible for manufacturing (b) responsible for testing
1. 1.
2. 2.
3. 3.
4. 4.

244

 

 

Drugs and Cosmetics Rules 1945

Date:………
Signature………….
Designation……….

[*Licensing Authority/Central Licence Approving Authority]
_ * Delete whichever is not applicable.
1. Ins. by G.S.R 245(E), dt. 5.4.1999.

1
[FORM 26-J

(See rules 122G, 122H, 122I, 122P)

Certificate of renewal of licence for collection, processing, testing, storage, banking and
release of umblical cord blood stem cells.

Certified that licence no ………………… granted on the ……………… to M/s. ……….. for
collection, processing, testing, storage, banking and release of umblical cord blood stem cells at
the premises situated at ………………………..is hereby renewed with effect from …………………..…
to…………………

1. Name(s) of competent technical staff:

1……………..
2……………..
3……………..

 

Date:………
Signature………….
Designation……….

[*Licensing Authority/Central Licence Approving Authority]
* Delete whichever is not applicable.
1. Ins. by G.S.R 899(E), dt. 27.12.2011.

1
[FORM 26J

(See rules 83A and 83AA)

Certificate of renewal of loan licence to manufacture for sale of Large Volume
Parenterals/Sera and Vaccines/recombinant DNA (r-DNA) derived drugs specified in

Schedules C and C(I) excluding those specified in Schedule X

Certified that licence no ………………… granted on the ……………… to M/s. ……….. for the
manufacture of following Large Volume Parenterals/Sera and Vaccines/recombinant DNA (r-
DNA) derived drugs at the premises situated at ………………………..has been renewed from
…………………..… to…………………

2. Name(s) of drug (s)……………(Each item to be separately specified)

3. Name(s) of competent technical staff:

(a) responsible for manufacturing (b) responsible for testing

1. 1.

2. 2.

3. 3.

4. 4.

 

Date:………
Signature………….
Designation……….

[*Licensing Authority/Central Licence Approving Authority]
* Delete whichever is not applicable.
1. Ins. by G.S.R 574(E), dt.17.6.2012.

 

245

 

 

Drugs and Cosmetics Rules 1945

FORM 27

1

Application for grant or renewal of a [licence to manufacture for sale or for distribution] of
2

drugs specified in Schedules C and C (1) [excluding those
3

specified in [Part XB and] Schedule X]

1 . I / We ……………………………………………….. hereby apply for the grant / renewal of a
licence to manufacture on the premises situated at the undermentioned drugs, being

2 3
drugs specified in Schedules C and C (1) [excluding those specified in [Part XB and] Schedule
X] to the Drugs and Cosmetics Rules, 1945.

Names of drugs……..………(each item to be separately specified).

 

2. The names, qualifications and experience of the expert staff responsible for the
manufacture and testing of the above mentioned drugs.

(a) Name (s) of staff responsible for test ………………………………

(b) Name (s) of staff responsible for manufacture……………………..

3. The premises and plan are ready for inspection/ will be ready for inspection on…..

4. A fee of rupees ……………………………………………. and an inspection fee of rupees
………………has been credited to Government under the head of account…………….

Date ………………………………….. Signature………

Designation……

Note-The application shall be accompanied by a plan of premises.
_
1. Ins. by. G.S.R. 788(E), dt. 10.10.1985. 3. Ins. by G.S.R. 28(E), dt. 22.1.1993.
2. Subs. by G.S.R. 462(E), dt. 22.6.1982.

 

FORM 27A

 

(See rule 75A)

1
Application for grant or renewal of a loan [licence to manufacture for sale or for distribution

2
of] drugs specified in Schedules C and C(1) [excluding those specified in

Part XB and Schedule X]

* #
1. I / We ……………………………….of ……………………………………………. …..hereby apply

for the grant/ renewal of Loan Licence to manufacture on the premises situated
$

at C/o ………………………………………. the undermentioned drugs, being drugs specified
2

in Schedules C and C (1) [excluding those specified in Part XB and Schedule X] to the Drugs
and Cosmetics Rules.

 

Names of drugs (each substance to be separately specified).

2. The names, qualifications and experience of the expert staff actually connected with
the manufacture and testing of the specified products in the manufacturing premises.

(a) Name (s) of expert staff responsible for manufacture …………………………….

(b) Name (s) of the expert staff responsible for testing …………………………………….

3. I /We enclose:

(a) A true copy of a letter from me / us to manufacturing concern whose
manufacturing capacity is intended to be utilized by me / us.

(b) A true copy of a letter from the manufacturing concern that they agree to
lend the services of their competent technical staff, equipment and premises
for the manufacture of each item required by me / us and that they shall

246

 

 

Drugs and Cosmetics Rules 1945

will analyse every batch of finished product and maintain the registers of raw
materials, finished products and reports of analysis separately on this behalf.

 

(c) Specimens of labels, cartons of the drugs proposed to be manufactured.

4. A fee of Rs ……………………………………………….. has been credited to Government under
the head of account …………………………………………………. …………………………………….

Date ………………………………… Signature ……………… ……

Designation………………..

* Enter here name of the proprietor, partners or Managing Director, as the case may be.

# Enter here name of the applicant firm and the address of the principal place of business.
$ Enter here the name and address of the manufacturing concern where the manufacture will be
actually carried out and also the licence number under which the latter operates.

1. Subs. by G.S.R. 788(E) ,dt. 10.10.1985.
2. Ins. By G.S.R. 462(E), dt: 22.6.1982.

1
[FORM 27B

2
Application for grant or renewal of a [licence to manufacture for sale or for distribution of]

drugs specified in Schedules C, C(I) and X

1. I/We ………………. of ……………………… hereby apply for the grant/renewal of a licence
to manufacture on the premises situated at…………………………… the undermentioned
drugs, specified in Schedules C, C(I) and X to the Drugs and Cosmetics Rules, 1945.

 

2. Names of drugs.

3. The names, qualifications and experience of the expert staff responsible for
the manufacture and testing of the abovementioned drugs.

 

(a) Name(s) of staff responsible for testing:

(b) Name(s) of staff responsible for manufacture:

4. The premises and plant* are ready for inspection/will be ready for inspection on …..

5. A fee of rupees …………………………………… and an inspection fee of rupees ……… has
been credited to the Government under the head of account ………………………………………………

 

Date……………… Signature……………

 

Note: The application shall be accompanied by a plan of the premises.]

 

* Delete whichever is not applicable.

1. Subs. by G.S.R. 462(E) dt. 22.6.1982.
2. Subs. by G.S.R. 788(E) ,dt. 10.10.1985.

247

 

 

Drugs and Cosmetics Rules 1945

1
[FORM 27C

 

(See rule 122-F)

Application for grant/renewal* of licence for the operation of a Blood Bank for processing of
whole blood and/or* preparation of Blood Components

1. I/We, ………………………….. of M/s …………………………………………….. hereby apply for the
grant of licence/renewal of licence number ………………………………………… dated………….to
operate a Blood Bank, for processing of whole blood and/or* for preparation of its components
on the premises situated at …………………………………………………..

 

2. Name(s) of the item(s)

1.

2.

3.

3. The name(s), qualification and experience of competent Technical Staff are as under:

(a) Name(s) of Medical Officer.

(b) Name(s) of Technical Supervisor

(c) Name(s) of Registered Nurse.

(d) Name(s) of Blood Bank Technician.
4. The premises and plant are ready for inspection/will be ready for inspection on….. ….

 

5. A licence fee of rupees ……………….. and an inspection fee of rupees ……………… has been
credited to the Government under the Head of Account…………………….. (receipt enclosed)

Signature …. …………………

Dated. ……….. Name and Designation………

* Delete whichever is not applicable.

Notes:

1. The application shall be accompanied by a plan of the premises, list of machinery and

equipment for collection, processing, storage and testing of whole blood and its
components, memorandum of association/constitution of the firm, copies of certificate
relating to educational qualifications and experience of the competent technical staff and
documents relating to ownership or tenancy of the premises.

2. A copy of the application together with the relevant enclosures shall also be sent to
the Central Licence Approving Authority and to the Zonal/Sub-Zonal Officers
concerned of the Central Drugs Standard Control Organization].

_______________________________________________________________________
1. Subs. by G.S.R. 245(E), dt. 5.4.1999.

1
[FORM 27D

(See rule 75)

Application for grant or renewal of a licence to manufacture for sale or for distribution of
2
[Large Volume Parenterals/Sera and Vaccines/recombinant DNA (r-DNA) derived drugs]

excluding those specified in Schedule X

1. I/We ………………………. of …………………………….hereby apply for grant/renewal of a
licence to manufacture for sale or distribution on the premises situated at……………..…the

2
undermentioned [Large Volume Parenterals/Sera and Vaccines/recombinant DNA (r-DNA)
derived drugs], specified in Schedules C and C(1) to the Drugs and Cosmetics Rules, 1945.

2. Name(s) of drug(s) ………………………………….. (each item to be separately specified).

 

248

 

 

Drugs and Cosmetics Rules 1945

3. The name(s), qualifications and experience of the competent technical staff responsible
for the manufacture of the above mentioned drugs.

(a) Name(s) of staff responsible for testing ……………….

(b) Name(s) of staff responsible for manufacturing ………….

4. The premises and plant are ready for inspection/will be ready for inspection
on………………………

 

5. A fee of rupees ………………………… and an inspection fee of rupees ………….has been
credited to the Government under the Head of Account………………….

Date: ………… Signature …………………………

Designation…………………….

 

Notes:

1. The application is to be accompanied by a plan of the premises, list of machinery and
equipment to be employed for manufacture and testing, memorandum of
association/constitution of the firm, copies of qualification and experience of
competent technical staff and documents relating to ownership or tenancy of the premises.

 

2. A copy of the application together with the relevant enclosures shall also be sent
each to the Central Licence Approving Authority and concerned Zonal/Sub-Zonal
Officers of Central Drugs Standard Control Organization].

_
1. Ins. by. G.S.R.119(E), dt. 11-3-1996.
2. Subs. By G.S.R.26 (E) dt: 19.1.2006.

 

1
[FORM 27DA

(See rule 75A)

Application for grant or renewal of a loan licence to manufacture for sale or for distribution of
Large Volume Parenterals/Sera and Vaccines/recombinant DNA (r-DNA) derived drugs

excluding those specified in Schedule X

1. I/We* ………………………. of #…………………………….hereby apply for grant/renewal of a
loan licence to manufacture on the premises situated at c/o @……………..…the
undermentioned drugs being Large Volume Parenterals/Sera and Vaccines/recombinant DNA
(r-DNA) derived drugs specified in Schedules C, C(1) excluding those specified in Schedule X
to the Drugs and Cosmetics Rules, 1945.

2. Name(s) of drug(s) ……………………………. (each item to be separately specified).

3. The name(s), qualifications and experience of the competent technical staff responsible
for the manufacture of the above mentioned drugs.

(a) Name(s) of competent technical staff responsible for testing ……………….

(b) Name(s) of competent technical staff responsible for manufacturing ………….
4. I /We enclose:

 

(a) A true copy of a letter from me / us to manufacturing concern whose
manufacturing capacity is intended to be utilized by me / us.

(b) A true copy of a letter from the manufacturing concern that they agree to
lend the services of their competent technical staff, equipment and premises
for the manufacture of each item required by me / us and that they shall
will analyse every batch of finished product and maintain the registers of raw
materials, finished products and reports of analysis separately on this behalf.

 

(c) Specimens of labels, cartons of the drugs proposed to be manufactured.

5. A fee of rupees …………………………has been credited to the Government under the Head of

Account………………….]
249

 

 

Drugs and Cosmetics Rules 1945

Date: ………… Signature …………………………

Designation…………………….

* Enter here name of the proprietor, prtners or managing director, as may be.
# Enter here nam of the applicant firm and the address of the principal place of business.
@ Enter here the name and address of the manufacturing concern where the manufacture
will be actually carried out and also the license number under which the latter operates.

_
1. Ins. by. G.S.R. 574 (E), dt.07-7-2012.

1
[FORM 27E

 

(See rule 122F)

Application for grant/renewal* of licence to manufacture blood products for

sale or distribution

1. I/We …………………… of M/s ……………………………………………. hereby apply for
the grant of licence/renewal of licence number ………………………………………… dated………..
to manufacture Blood products on the premises situated at …………………….. ……………….

 

2. Name(s) of the item(s)
1.
2.
3.
4.

 

3. The name(s), qualification and experience of competent Technical Staff are as under:

(a) responsible for manufacturing (b) responsible for testing

1. 1.

2. 2.

3. 3.

4. The premises and plant are ready for inspection/will be ready for inspection on…….

5. A licence fee of rupees ………… ….. ……………….and an inspection fee of rupees
………………………………………………………………….. has been credited to the Government under the

Head of Account………………………………………….. (receipt enclosed)

Signature …. ………….

Dated. ……….. Name and Designation…….. ….

* Delete whichever is not applicable.

Notes:

1. The application shall be accompanied by a plan of the premises, list of machinery and
equ i pm ent for m a nu fact ure of b l o od pr od u c ts , m e mora nd um o f
association/constitution of the firm, copies of certificate relating to educational
qualifications and experience of the competent technical staff and documents relating to
ownership or tenancy of the said premises.

 

2. A copy of the application together with the relevant enclosures shall also be sent to
the Central Licence Approving Authority and to the Zonal/Sub-Zonal Officers
concerned of the Central Drugs Standard Control Organization].

1. Ins. by G.S.R. 245(E), dt. 5-4-1999.

 

 

250

 

 

Drugs and Cosmetics Rules 1945

 

1
[FORM 27F

 

(See rule 122F)

Application for grant/renewal* of licence for collection, processing, testing,
storage, banking and release of umblical cord blood stem cells

1. I/We …………………… of M/s ……………………………………………. hereby apply for
the grant of licence/renewal* of licence number ………………………………………… dated………..
for collection, processing, testing, storage, banking and release of umblical cord blood stem
cells on the premises situated at …………………….. ……………….

 

2. Name(s), qualification and experinec of competent technical staff are as under:
1. Medical Director
2.Laboratory In-charge
3.Technical Supervisor
4.Cord Blood Bank Technician (s)

 

3. The premises and plant are ready for inspection/will be ready for inspection on…….

4. A licence fee of rupees ………… ….. ……………….and an inspection fee of rupees
…………has been credited to the Government under the Head of
Account………………………………………….. (receipt enclosed)

 

Signature …. ………….

Dated. ……….. Name and Designation…….. ….

* Delete whichever is not applicable.

Notes:
1. The application shall be accompanied by a plan of the premises, list of machinery and

equ i pm ent for m a nu fact ure of b l o od pr od u c ts , m e mora nd um o f
association/constitution of the firm, copies of certificate relating to educational
qualifications and experience of the competent technical staff and documents relating to
ownership or tenancy of the said premises.

 

2. A copy of the application together with the relevant enclosures shall also be sent to
the Central Licence Approving Authority and to the Zonal/Sub-Zonal Officers
concerned of the Central Drugs Standard Control Organization].

1. Ins. by G.S.R. 899(E), dt. 27-12-2011.

FORM 28

(See rule 76)
1
[Licence to manufacture for sale or for distribution of] drugs specified in

2
Schedules C and C (1) [excluding those specified in Schedule X]

Number of Licence and date of issue ………………………………………………………..

1. ………………………………. is hereby licensed to manufacture at the premises
2

situated at the following drugs, being drugs specified in Schedules C and C (1) [excluding
those specified in Schedule X] to the Drugs and Cosmetics Rules, 1945.

 

Names of drugs …………………………………………………
3

2. Names of approved [competent technical staff].

3. The licence authorises the sale by way of wholesale dealing and storage for sale by
the licensee of the drugs manufactured under the licence subject to the conditions applicable to
licences for sale.

 

4. The licence will be in force from …………………………………..to …………………..

251

 

 

Drugs and Cosmetics Rules 1945

5. The licence is subject to the conditions stated below and to such other conditions as
may be specified in the Rules for the time being in force under the Drugs and Cosmetics
Act,1940.

 

Date:………
Signature………….
Designation……….

4
[*Licensing Authority/Central Licence Approving Authority]

*Delete whichever is not applicable
Conditions of Licence

1 This licence and any certificate of renewal in force shall be kept on the approved
premises and shall be produced at the request of an Inspector appointed under the Drugs and
Cosmetics Act, 1940.

 

2 If the licensee wants to undertake during the currency of the licence the manufacture
2

any drug specified in Schedules C and C (1) [excluding those specified in Schedule X] not
included above, he should apply to the Licensing Authority for the necessary endorsement as
provided in rule 75(3). This licence will be deemed to extend to the items so endorsed.

3

3 Any change in the [competent technical staff] shall be forthwith reported to the
Licensing Authority.

 

4 The licensee shall inform the Licensing Authority in writing in the event of any change in
the constitution of the firm operating under the licence. Where any change in the
constitution of the firm takes place, the current licence shall be deemed to be valid for a
maximum period of three months from the date on which the change takes place unless,
in the meantime, a fresh licence has been taken from the Licensing Authority in the name
of the firm with the changed constitution.

 

1. Subs. by G.S.R. 788(E), dt. 10.10.1985.
2. Ins. by G.S.R. 462(E), dt. 22.6.1982.
3. Subs. by G.S.R. 231(E), dt. 4.6.1996
4. Subs. by G.S.R. 923(E), dt. 14.12.1992.

FORM 28A

(See rule 76-A)
1

Loan [Licence to manufacture for sale or for distribution of] drugs specified in Schedules C
2

and C (1) [excluding those specified in Schedule X]

1. Number of licence and date of issue ……………………………………………………

2. ……………………………………. of…………………………………….. ……………..is
hereby granted a loan licence to manufacture on the premises situated at ……………… C/o
…………………………………………………………………. the following drugs being drugs specified in

2
Schedules C and C (1) [excluding those specified in Schedule X] to the Drugs and Cosmetics
Rules, 1945.

 

Names of Drugs ………………………………………………
3

3. Names of [competent technical staff] …………………………………………
4
[3A. The licence shall be in force from …………………………………….. to………………..

 

4. The licence authorises the sale by way of wholesale dealing by the licensee and
storage for sale by the licensee of the drugs manufactured under the licence subject to the
conditions applicable to licence for sale.

 

5 The licence is subject to the conditions stated below and to such other conditions as
may be specified in the Rules for the time being in force under the Drugs and Cosmetics Act,
1940.

 

252

 

 

Drugs and Cosmetics Rules 1945

Date of issue: ……….

Signature…………

Designation …………….

Conditions of Licence

1. This licence and any certificate of renewal in force shall be kept
on the approved premises and shall be produced at the request of
an Inspector appointed under the Drugs and Cosmetics Act, 1940.

 

2. If the licensee wishes to undertake during the currency of the
licence to manufacture any drugs specified in Schedules C and C (1)
2
[excluding those specified in Schedule X] not included above, he should

apply to the Licensing Authority for the necessary endorsement to the
licence as provided in rule 75A. This licence will be deemed to extend to
the items so endorsed.

3
3. Any change in the [competenet technical staff] shall be

forthwith reported to the Licensing Authority.

4. The licensee shall inform the Licensing Authority in writing in the event of
any change in the constitution of the firm operating under the licence.
Where any change in the constitution of the firm takes place, the
current licence shall be deemed to be valid for a maximum period of
three months from the date on which the change takes place unless, in the
meantime, a fresh licence has been taken from the Licensing Authority in
the name of the firm with the changed constitution.

1. Subs. by G.S.R 788(E), dt. 10-10-1985.
2. Ins. by G.S.R. 462(E), dt. 22.6.1982.
3. Subs. by G.S.R.231(E) dt. 4.6.1996.
4. Added by Notfn. F. No. 1-10/62-D, dated 10.4.1964.

1
[FORM 28B

(See rule 76)
2
[Licence to manufacture for sale or for distribution of] drugs specified in

Schedules C, C(I) and X

No of Licence…………………………………………………………………………

1. …………………………………………………….. is hereby licensed to manufacture
at the premises situated at ………………………………………….. the following drugs specified
in Schedules C, C(I) and X to the Drugs and Cosmetics Rules, 1945.

 

Name of drugs………………………………………………
3

2. Names of [competent technical staff]

3. The licence authorises the sale by way of wholesale dealing and storage for
sale by the licensee of the drugs manufactured under the licence subject to the
conditions applicable to licence for sale.

 

4. The licence will be in force……………….to ………………………………

5. The licence is subject to conditions stated below and to other conditions as
may be specified in the rules for the time being in force under the Drugs and
Cosmetics Act, 1940.

 

Date:………
Signature………….
Designation……….

4
[*Licensing Authority/Central Licence Approving Authority]

*Delete whichever is not applicable
253

 

 

Drugs and Cosmetics Rules 1945

Conditions of Licence

1. The licence and any certificate of renewal in force shall be kept on the approved
premises and shall be produced at the request of an Inspector appointed under the Drugs
and Cosmetics Act, 1940.

2. If the licensee wishes to undertake during the currency of the licence
the manufacture of any drug specified in Schedule X not included above, he should
apply to the Licensing Authority for the necessary endorsement as provided in Rule
75(4). This licence will be deemed to be applicable to the items so endorsed.

1
3. Any change in the [competent technical staff] shall be forthwith reported to
the Licensing Authority.
4. The licensee shall inform the Licensing Authority in writing in the event of any

change in the constitution of the firm operating under licence. Where any change in
the constitution of the firm takes place, the current licence shall be deemed to be
valid for a maximum period of three months from the date on which the change takes
place unless, in the meantime, a fresh licence has been taken from the Licensing
Authority in the name of the firm
with the changed
constitution.

5. The licensee shall furnish to the Licensing Authority copies of the invoices
of sales made to dealers.

 

6. The licensee shall not manufacture drugs specified in Schedule X covered by
this licence for use as ―Physicians Samples‖.]
__________________________________________________________________
1. Subs. by G.S.R. 462(E) dt. 22.6.1982.
2. Subs. by G.S.R.788(E) dt. 10.10.1985.
3. Subs. by G.S.R.231(E) dt. 4.6.1996.
4. Subs. by G.S.R. 923(E) dt. 14.12.1992.

1
[FORM 28C

(See rule 122-G)

Licence to operate a Blood Bank for collection, storage and processing of whole
human blood and/or* its components for sale or distribution

 

l. Number of licence……………. date of issue ……………………… at the premises
situated at
…………………………………………………………………………………….

 

2. M/s …………………………………… is hereby licensed to collect, store, process and
distribute whole blood and/or its components.

3. Name(s) of the item(s) :
1.

2.

4. Name(s) of the Competent Technical Staff:
1.

 

2.

3.

5. The licence authorises licensee to collect, store, distribute and
processing of whole blood and/or blood components subject to the conditions
applicable to this licence.

6. The licence shall be in force from ……………. …………….to..…………..

7. The licence shall be subject to the conditions stated below and to such
other conditions as may be specified from time to time in the Rules made
under Drugs and Cosmetics Act, 1940.

Dated: ……

254

 

 

Drugs and Cosmetics Rules 1945

Signature………………………

Name and Designation ………….

*Licensing Authority/
*Central Licence Approving Authority

* Delete whichever is not applicable
Conditions of Licence

1. The licensee shall neither collect blood from any professional donor

or paid donor nor shall he prepare blood components from the blood
collected from such a donor.

 

2. The licence and any certificate of renewal in force shall be displayed
on the approved premises and the original shall be produced at the
request of an Inspector appointed under the Drugs and Cosmetics Act, 1940.

 

3. Any change in the technical staff shall be forthwith reported to the
Licensing

Authority and/or Central Licence Approving Authority.

4. The licensee shall inform the Licensing Authority and/or Central
Licence approving Authority in writing in the event of any change in the
constitution of the firm operating under the licence. Where any change in
the constitution of the firm takes places, the current licence shall be
deemed to be valid for maximum
period of three months from the date on which the change has taken
place unless, in the meantime, a fresh licence has been taken from the
Licensing Authority and/or Central Licence Approving Authority in the
name of the firm with the changed constitution.]

1.Ins. by G.S.R. 245(E), dt.
5.4.1999.

1
[FORM 28D

(See Rules 76)
2

Licence to manufacture for saleor for distribution of [Large Volume
Parenterals/Sera and Vaccines/recombinant DNA (r-DNA) derived drugs] specified in

Schedules C and C(I) excluding those specified in Schedule X

Number of licence ……………………………………….. and date of
issue……………………….

1. …………………………… is hereby licensed to manufacture at the premises
2

situated at…………………………………………. the following [Large Volume
Parenterals/Sera and Vaccines/recombinant DNA (r-DNA) derived drugs] specified in
Schedules C and C(1) excluding those specified in Schedule X to the Drugs and
Cosmetics Rules, 1945.

2. Name(s) of drug(s)…………………..(each item to be separately specified).

3. Name(s) of competent technical staff:

(a) responsible for manufacturing (b) responsible for testing

1. 1.

2. 2.

4. The licence authorises the sale by way of wholesale dealing and storage
for sale

255

 

 

Drugs and Cosmetics Rules 1945

by the licensee of the drugs manufactured under the licence, subject to the conditions
applicable to licence for sale.

5. The licence shall be in force from……………………………………………… to
………………….

6. The licence shall be subject to the conditions stated below and to
such other
conditions as shall be specified in the rules for the time being in force under the
Drugs and
Cosmetics
Act, 1940.

Date: ……..

Signature………

Designation……

*Licensing Authority/*Central Licence Approving Authority
* Delete whichever is not applicable

Conditions of Licence

1. The licence and any certificate of renewal in force shall be kept on the
approved premises and shall be produced at the request of an Inspector
appointed under the Drugs and Cosmetics Act, 1940.

 

2. If the licensee wishes to undertake during the currency of the licence
to manufacture of any drug specified in Schedule C and/or C(I) excluding those
specified in Schedule X not included above, he should apply to the Licensing
Authority and or Central Licence Approving Authority for the necessary endorsement
as provided in the rules. This licence shall be deemed to extend to the items so
endorsed.

 

3. Any change in the competent technical staff named in the licence shall be
forthwith reported to the Licensing Authority and/or Central Licence Approving
Authority.

 

4. The licensee shall inform the licensing authority and/or Central Licence
Approving Authority in writing in the event of any change in the constitution of
the firm operating under the licence. Where any change in the constitution of the firm
takes place, the current licnece shall be deemed to be valid for a maximum period of
three months from the date on which the change takes place unless, in the meantime, a
fresh licence has been applied along with prescribed fee and necessary documents to the
Licensing Authority and/or Central Licence Approving Authority in the name of the
firm with the changed constitution.]
____________________________________________________________________
1. Ins. by G.S.R. 119(E), dt : 11.3.1996 .
2. Subs. By G.S.R. 26(E), dt : 19.1.2006.

 

1
[FORM 28DA

(See Rules 76A, 78A, 83AA)

Loan licence to manufacture for sale or for distribution of Large Volume
Parenterals/Sera and Vaccines/recombinant DNA (r-DNA) derived drugs excluding

those specified in Schedule X

 

Number of licence ……………………………………….. and date of
issue……………………….

1. …………………………… of …………………..is hereby granted a loan license to
manufacture o n the premises situated at………………..c/o……………………….. the

2
following drugs being [Large Volume Parenterals/Sera and Vaccines/recombinant

256

 

 

Drugs and Cosmetics Rules 1945

DNA (r-DNA) derived drugs] specified in Schedules C and C(1) excluding those
specified in Schedule X to the Drugs and Cosmetics Rules, 1945.

2. Name(s) of drug(s)…………………..(each item to be separately specified).

3. Name(s) of competent technical staff:

(a) responsible for manufacturing (b) responsible for testing

1. 1.

2. 2.

4. The licence authorises the sale by way of wholesale dealing and storage for
sale by the licensee of the drugs manufactured under the licence, subject to the
conditions applicable to licence for sale.

5. The licence shall be in force from……………………………………………… to
………………….

6. The licence shall be subject to the conditions stated below and to
such other conditions as shall be specified in the rules for the time being in
force under the Drugs and Cosmetics Act, 1940.

Date: ……..

Signature………

Designation……

*Licensing Authority/*Central Licence Approving Authority
* Delete whichever is not applicable

Conditions of Licence

1. The licence and any certificate of renewal in force shall be kept on the
approved premises and shall be produced at the request of an Inspector
appointed under the Drugs and Cosmetics Act, 1940.

 

2. If the licensee wishes to undertake during the currency of the licence
to manufacture of any drug specified in Schedule C and/or C(I) excluding those
specified in Schedule X not included above, he should apply to the Licensing
Authority and or Central Licence Approving Authority for the necessary endorsement
as provided in the rules. This licence shall be deemed to extend to the items so
endorsed.

 

3. Any change in the competent technical staff named in the licence shall be
forthwith reported to the Licensing Authority and/or Central Licence Approving
Authority.

 

4. The licensee shall inform the licensing authority and/or Central Licence
Approving Authority in writing in the event of any change in the constitution of
the firm operating under the licence. Where any change in the constitution of the firm
takes place, the current licnece shall be deemed to be valid for a maximum period of
three months from the date on which the change takes place unless, in the meantime, a
fresh licence has been applied along with prescribed fee and necessary documents to the
Licensing Authority and/or Central Licence Approving Authority in the name of the
firm with the changed constitution.]
____________________________________________________________________

1. Ins. by G.S.R. 574(E), dt : 17.7.2012 .

1
[FORM 28E

(See rule 122 G)

Licence to manufacture and store blood products for sale or distribution.

 

l. Number of licence ………… date of issue ………………………….. at the premises
situated at……………………………………………………………………………………………..

 

257

 

 

Drugs and Cosmetics Rules 1945

2. M/s …………………………………. is hereby licensed to manufacture, store, sell or
distribute the following blood products:-

 

3. Name(s) of the item(s) :

1.
2.
3.

4. Name(s) of the competent technical staff:
(a) responsible for manufacturing (b) responsible for testing
1. 1.
2. 2.
3. 3.

5. The licence authorises licensee to manufacture, store, sell or distribute
the blood products, subject to the conditions applicable to this licence.

6. The licence shall be in force from ……………. to……………………

7. The licence shall be subject to the conditions stated below and to such
other conditions as may be specified from time to time in the rules made under
Drugs and Cosmetics Act, 1940.

 

Dated.: …….. Signature……….
………………..

 

Name and Designation ..
……….

*Licensing Authority/ *Central Licence Approving Authority
* Delete whichever is not applicable

Conditions of License

1. The licensee shall not manufacture blood products from the blood drawn
from any professional donor or paid donor.

 

2. The licence and any certificate of renewal in force shall be displayed on
the approved premises and shall be produced at the request
of an Inspector appointed under the Drugs and Cosmetics Act, 1940.

 

3. Any change in the technical staff shall be forthwith reported to the
Licensing Authority and/or Central Licence Approving Authority.

 

4. The licensee shall inform the Licensing Authority and/or Central
Licence Approving Authority in writing any change in the constitution
of the firm operating under the licence. In the event of any change
in the constitution of the firm, the licence shall be deemed to be
valid for a period of three months from the date on which the change
takes place unless, in the meantime, a fresh licence has been taken
from the Licensing Authority and/or Central Licence Ap provin g Auth
ority in the name of the firm with the ch anged constitution.]
_
1. Ins. by G.S.R. 245(E), dt. 5.4.1999.

1
[FORM 28F

(See rules 122 F to 122-I, 122K, 122P)

Licence To Collect, Process, Test, Store, Banking And Release Of Umbilical
Cord Blood Stem Cells.

258

 

 

Drugs and Cosmetics Rules 1945

l. Number of licence ………… date of issue ………………………….. at the premises
situated at……………………………………………………………………………………………..

 

2. M/s …………………………………. is hereby licensed to collect, process, test, store,
banking and release of umbilical cord blood stem cells.

 

3. Name(s) of competent technical staff :

1.
2.
3.

4. T4h.e licence authorises licensee to collect, process, test, store, banking and
release of umbilical cord blood stem cells.

5. The licence shall be in force from ……………. to……………………

6. The licence shall be subject to the conditions stated below and to such
other conditions as may be specified from time to time in the rules made under
Drugs and Cosmetics Act, 1940.

 

Dated.: …….. Signature……….
………………..

 

Name and Designation ..
……….

*Licensing Authority/ *Central Licence Approving Authority
* Delete whichever is not applicable

Conditions of License

1. Umbilical cord blood specific for an individual will be collected after signing an
agreement with the parent(s), whose child‘s umbilical cord blood is to be collected,
and the cord blood bank.

 

2. Umbilical cord blood shall be collected from hospitals, nursing homes, birthing
centres and from any other place where a consenting mother delivers, under the
supervision of the qualified Registered Medical Practitioner responsible for the
delivery.

 

3. The licence and any certificate of renewal in force shall be displayed on the approved
premises and the original shall be produced at the request of an inspector appointed under
the Drugs and Cosmetics Act, 1940.

4 . Any change in the technical staff shall be forthwith reported to the
Licensing Authority and/or Central Licence Approving Authority.

 

5. The licensee shall inform the Licensing Authority and/or Central
Licence Approving Authority in writing any change in the constitution
of the firm operating under the licence. In the event of any change
in the constitution of the firm, the licence shall be deemed to be
valid for a period of three months from the date on which the change
takes place unless, in the meantime, a fresh licence has been taken
from the Licensing Authority and/or Central Licence Ap provin g Auth
ority in the name of the firm with the ch anged constitution.]
_
1. Ins. by G.S.R. 889(E), dt. 27.12.2011.

FORM 29

(See rule 89)

Licence to manufacture drugs for purposes of examination, test or analysis

259

 

 

Drugs and Cosmetics Rules 1945

1. …………………….of………………… is hereby licensed to
manufacture the drugs specified below for purposes of examination, test or
analysis at………………………………

2. This licence is subject to the conditions prescribed in Part VIII of the
Drugs and Cosmetics Rules, 1945.

 

3. This licence shall be in force for one year from date specified below.

Names of drugs

Date : ……… Licensing
Authority………………

FORM 30

(See rule 90)

Application for licence to manufacture drugs for purposes of examination, test
or analysis

1. …………………………………….of ………….. …………………by occupation

………………… hereby apply for licence to manufacture the drugs specified below for

purposes of examination, test or analysis at and I undertake to comply with the

conditions applicable to the licence.

Names of Drugs

Date…………………………………..
Signature…………………..

1
[FORM 31

 

(See rule 139)
2

Application for grant or renewal of a [licence to manufacture cosmetics for sale or for
Distribution]

 

1 . 1 / We………………………………….. of. …………………… hereby apply for grant
/renewal of a licence to manufacture on the premises situated at………. the following
cosmetics :-

2. Names of Cosmetics …………………………………………………………….

3. Names, qualifications and experience of technical staff employed for
manufacture and testing …………………………………………………. ………

 

4. A fee of rupees …………………………………….has been credited to
Government under the head of account………………………………………………..

Date……………………………….. Signature…………..
Note: The application should be accompanied by a plan of the premises.

1. Added by Notfn No.F.1-36/64-D (G.S.R.1183), dt:17.8.1964.
2. Subs. by G..S.R .788 (E), dt. 10.10.1985.

1
[FORM 31A

(See rule138A)

2
Application for grant or renewal of loan [licence to manufacture cosmetics for sale or

for distribution]

260

 

 

Drugs and Cosmetics Rules 1945

1. I / W e ………………………………………..of. ………………………..hereby apply
for grant/r enewal of a loan licence to ma nufacture co smetics for sale on
the premises s i t u at e d at………………………….C/o …………..……………….the
following cosmetics :—

2. Names of Cosmetics……………………………………………………..

3. The names, qualifications and experience of the expert shall actually connected

with the manufacture and testing of the specified products in the manufacturing
premises.

4. I /We enclose−

(a) A true copy of a letter from me / us to the manufacturing concern

whose manufacturing capacity is intended to be utilized by me / us.
(b) A true copy of a letter from the *manufacturing concern that they agree to

lend the services of their competent technical staff, equipment and premises for
the manufacture of each item required by me / us and that they will analyse every
batch of and maintain the registers of raw materials , finished products and
reports of analysis separately in this behalf.

(c) specimen of labels, cartons of the products proposed to be manufactured.

5. A fee of rupees ………………………………………………… has been credited to
Government under the head of account………………………………………………….

Date…………. Signature…………

*Enter here the name and address of the manufacturing concern where the manufacture
will be actually carried out and also their licence number.

1. Ins. by G.S.R. 444, dt. 28-4-1973.
2. Subs. by G.S.R. 788(E), dt. 10.10.1985.

1
[FORM 32

(See rule140)
2
[Licence to manufacture cosmetics for sale or for distribution]

Number of Licence and date of issue

1 ……………………is hereby licensed to manufacture on the premises
situated at

……………………………………. the following cosmetics under the supervision of the
following technical staff:-

(a) Names of cosmetics.

(b) Names of technical staff

2. The licence shall remain in force from…………..to…………(both days inclusives)

3. The licence is subject to the conditions stated below and to such other conditions
as may be specified in the Drugs and Cosmetics Rules, 1945.

Date…………………………………… Signature …………..

Designation …………

Conditions of
Licence

1. This licence and any certificate of renewal in force shall be kept on the
approved premises and shall be produced at the request of an Inspector
appointed under the Drugs and Cosmetics Act, 1940.

261

 

 

Drugs and Cosmetics Rules 1945

2. Any change in the technical staff shall be forthwith
reported to the Licensing Authority.

3. If the licensee wants to manufacture for sale of additional items he should
apply to the Licensing Authority for the necessary endorsement to the licence
as provided in rule 138 (3). This licence shall be deemed to extend to the cosmetics so
endorsed.
3
[4. The licensee shall inform the Licensing Authority in writing in the event of any

change in the constitution of the firm operating under the licence. Where any change
in the constitution of the firm takes place, the current licence shall be deemed to be
valid for a maximum period of three months from the date on which the change takes
place unless, in the meantime, a fresh licence has been taken from the Licensing
Authority in the name of the firm with the changed constitution.]

1. Added by Notfn No.F.1-36/64-D, dt:17.8.1964.
2. Subs. by G.S.R. 788 (E), dt. 10.10.1985.
3. Added by S.O. 903, dt. 10-2-1976.

1
[FORM 32A

(See rule 139B)
2

Loan [licence to manufacture cosmetics for sale or for distribution]

1. Number of Licence and date of issue…………………………

2 . …………………………………………of. ……………………………………… is hereby granted
a loan licence to manufacture the following cosmetics on the premises situated
at……………………………………………………..C/o…………………………………….. under the
direction and personal supervision of the following technical staff:

(a) Names of technical staff.

(b) Names of cosmetics.

3. The licence shall remain in force from ……………………… to ………………

4. The licence is subject to the conditions stated below and to such other
conditions as are specified in the rules for the time being in force under the Drugs and
Cosmetics Act, 1940.

Date……………………………… Signature ………………

Designation …………..

Conditions of
Licence

1. This licence and any certificate of renewal in force shall be kept on the
approved premises and shall be produced at the request of an Inspector
appointed under the Drugs and Cosmetics Act, 1940.

 

2. Any change in the technical staff shall be forthwith reported to the
Licensing Authority.

 

3. If the licensee wants to manufacture for sale additional items he should apply to
the Licensing Authority for the necessary endorsement to the licence as
provided in rule 138A(5).This licence shall be deemed to extend to
the cosmetics so endorsed.]
____________________________________________________________________
1. Ins. by G.S.R. 444, dt. 28-4-1973.
2. Ins. by G.S.R. 788 (E), dt. 10.10.1985.

1
[FORM 33

(See rule 141)

Certificate of renewal of licence to manufacture cosmetics for sale

262

 

 

Drugs and Cosmetics Rules 1945

1. Certified that licence No………………….granted on the……………………….
to………………………f or th e ma nu factu re fo r sale o f the fo llowin g cosmetics
at the premises situated at……………………has been renewed
from……………and shall expire on……………………………

2. Names of cosmetics.

3. Names of technical staff

Date…………….. Signature……………..
Designation……………]

_____________________________________________________________________________________
1. Ins. by G.S.R. 1183, dt. 17.8.1964.

1
[FORM 33A

(See rule 141-A)

Certificate of renewal of loan licence to manufacture cosmetic for sale

1. Certified that loan licence No………….granted on the ………………..

. to……………………for the manufacture for sale of the following
cosmetics at the premises situated at C/o………………………………………has
been renewed from…………………………………to ……………………………………………….

2. Names of cosmetics.

3. Names of technical staff.

Date……… Signature………..

Designation………]

1. Added by G.S.R. 444, dt. 28-4-1973.

1
[FORM 34

(See rules 131 and 150)

Certificate of test or analysis of cosmetic by the Central Drugs Laboratory or the
Government Analyst

1. Name of the officer or Inspector from whom received ………………………………….
2. Serial number and date of the Officer’s / Inspector’s memorandum ………………
3. Number of sample …………………………………………….
4. Date of receipt ………………………………………………..
5. Name of the Cosmetic purporting to be contained in the sample………….

2
6. Condition of seals on the [packet or on portion of sample or container]

7. Results of test or analysis :— The sample of cosmetics—

(a) contains a prescribed colour only/does not contain a prescribed colour.

(b) does not contain harmful ingredients/ contains harmful ingredients

(c) conforms/does not conform to claims m,ade on the label as to the nature and quality
of the cosmetics.

3
[(d) contains not more than …………….parts per million of Lead and ………..parts

per million of Arsenic……………../contains more than ………………parts per
million of Lead and ………parts per million of Arsenic.]

Date……

Director…………………..
Central Drugs Laboratoy/Government Analyst]

263

 

 

Drugs and Cosmetics Rules 1945

1. Added by Notfn No.F.1-36/64-D (G.S.R 1183), dt:17.8.1964.
2. Subs. by G.S.R. 59(E), dt. 7.2.1995.
3. Subs. by G.S.R. 510(E), dt. 26.7.1982.

 

1
[FORM 35

2
[See Rules 65, 67-G, 74, 74A, 74B, 78, 78A, 85H, 122P, 142, 142-B,

150E, 158 and 158A]

Form in which the Inspection Book shall be maintained

(A) The cover of the Inspection Book shall contain the following particulars, namely :—

1. The name and address of the licensee………………………………………………….

2. Licence number and the date upto which the licence is valid ………………………..

(B) (i) The pages of the Inspection Book shall be serially numbered and duly

stamped by the Licensing Authority. The pages, other than the first and the last

pages, shall have the following particulars:–

Name and designation of the Inspector who inspects the premises of the licensee:−

Date of Inspection……………………

Observations of the Inspector ……………..

Signature of the Inspector
(ii) The first and last pages of the Inspection Book shall be endorsed by the Licensing

Authority with the following words, namely:—

Inspection Book maintained by M/s………………………………………………

situated at ………… for licence number ………… in Form ……….. under the
Drugs and Cosmetics Rules, 1945.

 

Seal and Signature of the Licensing Authority.

Notes:-

(i) Printed copy of the Inspection Book may be obtained by the licensee from the
Licensing Authority on payment.

 

(ii) The Inspection Book shall be maintained at the premises of the licensee.

(iii) The observations made by the Drug Inspector shall be in triplicate. The
original copy shall be retained in the Inspection Book to be maintained in the
premises of the licensee. The duplicate copy shall be sent to the Licensing
Authority. The triplicate copy shall be taken as record by the Inspector.

1. Added by Notfn. No.F.1-14/68-D (G.S.R. 3869), dt. 26.10.1968.
2. Subs. by G.S.R. 592(E), dt: 13.8.2008.

1
[FORM 36

(See rule 150B)

Application for grant or renewal of approval for carrying out tests on drugs/
cosmetics or raw materials used in the manufacture thereof on behalf of licensees

for manufacture for sale of drugs /cosmetics

(1) *I/We………………………………….of………………………….hereby apply
for the grant or renewal of approval for carrying out tests of identity, purity,
quality and strength on the following categories of drugs / items of cosmetics or

264

 

 

Drugs and Cosmetics Rules 1945

raw materials used in the manufacture thereof on behalf of licensees for manufacture
for sale of drugs / cosmetics.

 

(2) *Categories of drugs, items of cosmetics:

(a) Drugs other than those specified in Schedules C and C (1) and also
excluding Homoeopathic Drugs:-

1. Crude vegetable drugs.

2. Mechanical contraceptives.

3. Surgical dressings.

4. Drugs requiring the use of ultravoilet /
Infra Red. or Chromatography.

5. Disinfectants.

6. Other drugs.

(b) Drugs specified in Schedules C and C (1):—

1. Sera, Vaccines, Antigens, Toxins, Antitoxins,
Toxoids, Bacteriophages and similar
Immunological Products.

2. Antibiotics.

3. Vitamins

4. Parenteral preparations.

5. Sterilized surgical ligature / suture.

6. Drugs requiring the use of animals for their test.

7. Drugs requiring microbiological tests.

8. Drugs requiring the use of Ultravoilet/ Infra Red/ Spectrophotomete
or Chromatography.

9. Other drugs.

(c) Homoeopathic drugs.

(d) Cosmetics.

(3) Name, qualifications and experience of expert staff employed for testing
and the person-in-charge of testing.

(4) List of testing equipments
provided.

(5) *I/We enclose a plan of the testing premises showing the location and area
of the different sections thereof.

(6) An inspection fee of rupees ………………………………………………..has been
credited to Government under the Head of Account……………………………………………

 

Date…………………….. Signature………]

* Delete whichever is not applicable

1. Ins. by Notfn. No .X. 11014/7/76-D&MS (G.S.R 1172), dt. 23-8-1977.

1
[FORM 37

 

(See rule 150C)

Approval for carrying out tests on drugs / cosmetics and raw materials used in their
manufacture on behalf of licensees for manufacture for sale of drugs /cosmetics

 

Number of approval and date of issue:…………………………

265

 

 

Drugs and Cosmetics Rules 1945

(1) Approval is hereby granted to ……………………………………………………… …….for
carrying out tests for identity, purity, quality and strength on the following categories
of drugs/items of cosm etic s a n d the ra w m a terials use d in the m a nufac ture
thereof on the pre m ise s situated ………………………………………………………………..

 

Categories of drugs / items of cosmetics
…………………………..
…………………………..
…………………………..

2
(2) Names of [competent technical staff] employed for testing and the

person-in- charge of testing.

(3) The approval shall be in force from ………………………………….. to……………………

(4) The approval is subject to the conditions stated below and such other
conditions as may be specified in the rules for the time being in force under the Act.

 

Date………………………………. Signature ……………………………..

Designation …………………………..

Conditions of
Approval

 

(1) This approval and any certificate of renewal in Form 38 shall be kept in the
approved premises and shall be produced at the request of the Inspectors appointed
under the Act.

 

(2) If the approved institution wishes to undertake during the currency of the
approval the testing of any other category of drugs or items of cosmetics it should
apply to the approving authority for necessary endorsement as provided in rule
150-B.This approval will be deemed to extend to the item so endorsed.

 

(3) Any change in the analytical staff or in the person-in-charge of the testing
shall be forthwith reported to the approving authority.

3
[(4) The approved institution shall inform the approving authority in writing in the

event of any change of the constitution of the institution operating under this Form.
Where any change in the constitution of the institution takes place, the current approval
shall be deemed to be valid for a maximum period of three months from the date on
which the change takes place unless in the meantime, a fresh approval has been taken
from the approving authority in the name of the institution with the changed
constitution.]

1.Ins. by G.S.R.1172, dt:23.8.1977.
2. Subs. by. G.S.R. 231(E), dt. 4.6.1996.
3. Ins. by G.S.R. 681 (E), dt. 5-12-1980.

1
[FORM 38

(See rule 150J)

Certificate of renewal of approval for carrying out tests on drugs / cosmetics and raw
materials used in the manufacture thereof on behalf of licensees for manufacture for

sale of drugs / cosmetics

(1) Certified that approval number ……………………………. granted on the
…………………………………………………………………………………. for carrying out tests of
identity, purity, quality and strength on the following categories of drugs/ items
of cosmetics and the raw materials used in the manufacture thereof at the premises
situated at…………………………has been renewed from…………….to ……………….

 

Categories of drugs/items of cosmetics
………………………..
……………………………

266

 

 

Drugs and Cosmetics Rules 1945

2
(2) Names of [competent technical staff] and person-in-charge of testing.

Date …………………………. Signature…….……….

Designation…………..

________________________________________________________________________

1. Ins. By G.S.R. 1172, dt:23.8.1977.
2.Subs. by. G.S.R.231(E) ,dt. 4.6.1996.

1
[FORM 39

[See rule150E(f)]

Report of test or analysis by approved institution

(1) Name of manufacturer from whom sample received together
with his manufacturing licence number under the Act and under the rules
made thereunder.

 

(2) Reference number and date of the letter from the manufacturer under
which the sample was forwarded.

(3) Date of receipt of the sample.

(4) Name of drug / cosmetics / raw material purporting to be contained in the
sample.

 

(5) Details of raw material/final product in bulk/final product (in finished
pack)* as obtained from the manufacturer:

 

(a) Original manufacturer’s name in the case of raw materials
and drugs repacked.

(b) Batch number.
2
[(c) Batch size as represented by sample.]

(d) Date of manufacture, if any.

(e) Date of expiry, if any.

(6) Results of test or analysis with protocols of test or analysis applied.

In the opinion of the undersigned, the sample referred to above is *of
standard quality/is not of standard quality as defined in the Act and the rules made
thereunder for the reasons given below.

 

Date……………………………. ………………………………………………

Signature of Person-in-charge of
testing

 

Note:- Final product includes repacked material.

*Delete whichever is not applicable
1. Ins. By G.S.R. 1172, dt:23.8.1977.
2. Subs. by. G.S.R. 681(E), dt. 6.6.1988.

1
[Forms 40 to 43

(Pertaining to Ayurveda, Siddha and Unani drugs replaced by Forms Nos
.47 to 50.)

 

[1. Ins. by G.S.R. 701(E), dt. 27.9.2001 ]

1
[FORM 40

(See rule 24-A)

Application for issue of Registration Certificate for import of drugs into India under
the Drugs and Cosmetics Rules 1945

267

 

 

Drugs and Cosmetics Rules 1945

I/We* ……………………………… (Name and full address) hereby apply for the
grant of Registration Certificate for the manufacturer, M/s……….……. (full address with
telephone, fax and E-mail address of the foreign manufacturer) for his premises, and
manufactured drugs meant for import into India.

1. Names of drugs for registration.
2
[***]

2. I/We enclose herewith the information and undertakings specified in Schedule
D (1) and Schedule D(II) duly signed by the manufacturer for
grant of Registration Certificate for the premises stated below.

3. A fee of_______________for registration of premises, the particulars
of w hich are g iv en belo w, o f the man u factu rer h as b een cred ited to th e
Government under the Head of Account “0210-Medical and Public Health, 04-Public
Health, 104-Fees and Fines‖ under the Drugs and Cosmetics Rules, 1945-Central vide
Challan No.________ dated__________________(attached in original).

 

4. A fee of__________________for registration of the drugs for
import as specified at Serial No. 2 above has been credited to the Government
under the Head of Account “0210-Medical and Public Health, 04-Public Health,
104-Fees and Fines” under the Drugs and Cosmetics Rules, 1945-Central vide
Challan No._______, dated___________. (attached in original).

 

5. Particulars of premises to be registered where manufacture is

carried on: Address (es)………………..

Telephone No………………..

Fax……………………………

E-mail……………………….

I/We* undertake to comply with all terms and conditions required to
obtain Registration Certificate and to keep it valid during its validity period.

Place:

Date:
Signature
Name
Designation ____________________

Seal/Stamp of manufacturer or his authorised Agent
in India.

 

(Note: In case the applicant is an authorised agent of the manufacturer in India, the Power of
Attorney is to be enclosed).

*Delete whichever is not applicable.
__________________________________________________________________
1. Ins. by G.S.R. 604(E) dt. 24-8-2001 (w.e.f. 1-1-2003).
2. Figures 1,2,3 omitted by G.S.R. 35(E), dt. 20.1.2005.

1
[FORM 41

(See rule 27 A)

Registration

Certificate

Registration Certificate to be issued for import of drugs into India under Drugs
and Cosmetics Rules, 1945

Registration Certificate No…………. Date……

 

268

 

 

Drugs and Cosmetics Rules 1945

M/s ___________________________________ (Name and full address of registered
office) having factory premises at……..(full address) has been registered under
rule 27-A as a manufacturer and is hereby issued this Registration Certificate.

2. Name (s) of drugs which may be imported under this Registration Certificate:

2
[***]

3. This Registration Certificate shall be in force from
__________ to_unless it is sooner suspended or cancelled under the rules.

 

4. This Registration Certificate is issued through the office of the manufacturer

or his authorised agent in India M/s (name and full address)________ who
will be responsib le for th e business activities of th e manufacturer, in India in all
respects.

 

5. This Registration Certificate is subject to the conditions, stated below
and to such other conditions as may be specified in the Act and the
rules, from time to time.

Place……….
Date………….

Licensing Authority
Seal/Stamp

Conditions of the Registration Certificate.

 

1. The Registration Certificate shall be displayed at a prominent place by the
authorised agent.

 

2. No drug shall be registered unless it has a free sale approval in the country of
origin, and/or in other major countries.

 

3. The manufacturer or his authorised agent in India shall comply with the
conditions of the import licence issued under the Drugs and
Cosmetics Rules, 1945.

 

4. The manufacturer or his authorised agent in India shall inform the licensing
authority forthwith in the event of any administrative action taken due to adverse
reaction, viz. market withdrawal, regulatory restrictions, or cancellation of
authorization, and/or not of standard quality report of any drug pertaining
to this Registration Certificate declared by the Regulatory Authority of the
country of origin or by any Regulatory Authority of any other country, where the drug
is marketed/sold or distributed.

 

The dispatch and marketing of the drug in such cases shall be stopped
immediately, and the licensing authority shall be informed immediately. Further
action in respect of such stopped marketing of drug shall be followed as per the
direction of the licensing authority. In such cases, action equivalent to that taken with
reference to the concerned drug in the country of origin or in the country of marketing
shall be followed in India also, in consultation with the licensing authority. The
licensing authority may, however, direct any further modification to this course of
action, including the withdrawal of the drug from Indian market within 48 hours
time period.

 

5. The manufacturer or his authorised agent in India shall inform the licensing
authority within 30 days in writing in the event of any change in manufacturing process,
or in packaging, or in labelling or in testing, or in documentation of any of the
drugs pertaining to this Registration Certificate.

 

In such cases, where there shall be any major change/modification in
manufacturing, or in processing or in testing, or in documentation as the case may be,
at the discretion of the licensing authority, the manufacturer or his authorised agent in

269

 

 

Drugs and Cosmetics Rules 1945

India shall obtain necessary approval within 30 days by submitting a separate
application along with the registration fee, as specified in clause (ii) of sub-rule (3) of
rule 24-A.

 

6. The manufacturer or his authorised agent in India shall inform the
licensing authority immediately in writing in the event of any change in the
constitution of the firm and / or address of the registered office / factory premises
operating under this Registration Certificate. Where any such change in the
constitution of the firm and/or address takes place, the current Registration Certificate
shall be deemed to be valid for a maximum period of three months from the date
on which the change has taken place unless, in the meantime, a fresh
Registration Certificate has been taken from the licensing authority in the
name of the firm with the changed constitution of the firm and/or
changed address of the registered office or factory premises.]
1. Ins. by G.S.R. No.604(E), dt. 24-8-2001 (w.e.f. 1-1-2003)
2. Figures 1,2,3 omitted by G.S.R. 32, dt. 20.1.2005.

 

1
[FORM 42

(See rule 129A)

Application for issue of Registration Certificate for import of cosmetics into India
under the Drugs and Cosmetics Rules, 1945

I/We* ……………………………… (Name and full address) hereby apply for the
grant of Registration Certificate for the manufacturer, M/s……….……. (full address with
telephone, fax and E-mail address of the foreign manufacturer) for his premises, and
manufactured cosmetics meant for import into India.

1. Name of cosmetics along with their brand name and pack size(s) and variants for
registration.

(1) ……………… (4)………………..
(2)………………. (5)………………..
(3)………………. (6)…………………

2. I/We* enclose herewith the information and undertakings specified in

Schedule D (III) duly signed by the manufacturer for grant of Registration Certificate
for the premises stated below.

3. A fee of_______________for registration of cosme t i c s fo r i mp or t
a s spec i f i ed a t s e r i a l no . 2 abo ve has b een cred ited to th e C e n t r a l
Government under the Head of Account “0210-Medical and Public Health, 04-Public
Health, 104-Fees and Fines‖ under the Drugs and Cosmetics Rules, 1945-Central vide
Challan No.________ dated__________________(attached in original).

 

4. Particulars of premises to be registered where manufacture is carried on:

Address (es)………………..

Telephone No………………..

Fax………………..

E-mail……………………….

I/We* undertake to comply with all terms and conditions required to
obtain Registration Certificate and to keep it valid during its validity period.

Place:…….

Date:……..
Signature……………..
Name…………………
Designation………….

Seal/Stamp of manufacturer or his authorised Agent in India.

270

 

 

Drugs and Cosmetics Rules 1945

(Note: In case the applicant is an authorised agent of the manufacturer in India, the Power of
Attorney is to be enclosed).

*Delete whichever is not applicable.
__________________________________________________________________
1. Ins. by G.S.R. 4 2 6 (E) dt. 19-5-2010, read with corrigendum G.S.R263(E) dt:30.3.2011, corrigendum G.S.R.
733(E) dt:29.9.2011, corrigendum G.S.R.270(E) dt:30.3.2012 and corrigendum G.S.R. 733(E) dt:29.9.2012.

1
[FORM 43

(See rule 129C)

Registration Certificate

Registration Certificate to be issued for import of cosmetics into India under
Drugs and Cosmetics Rules, 1945

Registration Certificate No…………. Date……………..…

 

M/s ___________________________________ (Name and full address of registered
office)…………….having factory premises at … … … … . . ( full address) has been
registered under rule 1 2 9 A as a manufacturer and is hereby issued this
Registration Certificate.

2. Name (s) of cosmetics, along with thrir brand names and pack size(s) and variants
which may be imported under this Registration Certificate:

(1)……………………

(2)……………………
(3)……………………

3. This Registration Certificate shall be in force from ……
to…………..unless it is sooner suspended or cancelled under the rules.

 

4. This Registration Certificate is issued through the office of the manufacturer or
his authorised agent or importer in India or by the subsidiary in India authorized by
the manufacturer, namely.-M/s (name and full address)________ who shall be
responsib le for th e business activities of th e manufacturer, in India in all
respects.
5. This Registration Certificate is subject to the conditions, stated below

and to such other conditions as may be specified in the Drugs and
Cosmetics Act, 1940 and the rules made thereunder, from time to time in this regard..

Place……….
Date………….

Licensing Authority
Seal/Stamp

Conditions of the Registration Certificate.

 

1. The Registration Certificate shall be produced by the authorised
importer/distributor/agent as and when required by the licensing authority/regulatory
authority.

 

2. The manufacturer or his authorised importer/distributor/agent in India shall
inform the licensing authority forthwith in the event of any administrative action
taken namely, market withdrawal, regulatory restrictions, or cancellation of
authorization, and/or not of standard quality report of any cosmetic
pertaining to this Registration Certificate declared by the Regulatory
Authority of the country of origin or by any Regulatory Authority of any
other country, where the cosmetic is marketed/sold or distributed.

 

The dispatch and marketing of the cosmetic in such cases shall be stopped
immediately, and the licensing authority shall be informed immediately. Further
action in respect of such stopped marketing of drug shall be followed as per the

271

 

 

Drugs and Cosmetics Rules 1945

direction of the licensing authority. In such cases, action equivalent to that taken with
reference to the concerned cosmetic in the country of origin or in the country of
marketing shall be followed in India also, in consultation with the licensing authority.
The licensing authority may, however, direct any further modification to this
course of action, including the withdrawal of the c o s m e t i c from Indian market
within 48 hours time period.

 

3. The manufacturer or his authorised agent/importer/distributor or subsidiary in
India shall inform the licensing authority within 30 days in writing in the event of
additional variants/additional cosmetic category/additional manufacturing location or
any change in labeling or in testing, or in documentation of any of the
c o s m e t i c pertaining to this Registration Certificate.

 

In such cases, where there shall be additional variants/additional cosmetic
category/additional manufacturing location, as the case may be, at the discretion of the
licensing authority, the manufacturer or his authorised
agent/importer/distributor/subsidary in India shall apply for necessary approval within
30 days by submitting a separate application along with the registration fee.

 

4. The manufacturer or his authorised agent in India shall inform the
licensing authority immediately in writing in the event of any change in the
constitution of the firm and / or address of the registered office / factory premises
operating under this Registration Certificate. Where any such change in the
constitution of the firm and/or address takes place, the current Registration Certificate
shall be deemed to be valid for a maximum period of three months from the date
on which the change has taken place unless, in the meantime, a fresh
Registration Certificate has been taken from the licensing authority in the
name of the firm with the changed constitution of the firm and/or
changed address of the registered office or factory premises.]

1. Ins. by G.S.R. 4 2 6 (E) dt. 19-5-2010, read with corrigendum G.S.R263(E) dt:30.3.2011, corrigendum G.S.R.
733(E) dt:29.9.2011, corrigendum G.S.R.270(E) dt:30.3.2012 and corrigendum G.S.R. 733(E) dt:29..2012.

1
[FORM 44

(See rules 122A, 122B, 122D and 122 DA)
Application for grant of permission to import or manufacture a New Drug or to

undertake clinical trial.

I/We*………………………………………… of M/s. …………………… …………..
(address) hereby apply for grant of permission for import of and/or clinical trial or
for approval to manufacture a new drug or fixed dose combination or subsequent
permission for already approved new drug. The necessary information / data is given
below :

1. Particulars of new drug :

(1) Name of the drug.
(2) Dosage form.
(3) Composition of the formulation :
(4) Test specification.

(i) active ingredients.
(ii) inactive ingredients.

(5) Pharmacological classification of the drug.
(6) Indications for which proposed to be used.
(7) Manufacturer of the raw material (bulk drug substances).
(8) Patent status of the drug.

2. Data submitted along with the application (as per Schedule Y with indexing
and page numbers:)

A. Permission to market a new drug :

272

 

 

Drugs and Cosmetics Rules 1945

(1) Chemical and Pharmaceutical information.
(2) Animal Pharmacology.
(3) Animal Toxicology.
(4) Human / Clinical Pharmacology (Phase I).
(5) Exploratory Clinical Trials (Phase II).
(6) Confirmatory Clinical Trials (Phase III) (including published review
articles)
(7) Bio-availability, dissolution and stability study data.
(8) Regulatory status in other countries.
(9) Marketing information :

(a) Proposed product monograph.
(b) Drafts of labels and cartons.

(10) Application for test licence.
2
[(11) New Chemical Entity and Global Clinical Trial-

(a) Assessment of risk versus benefit to the patients
(b) Innovation vis-à-vis existing therapeutic option
(c) Unmet medical need in the country.]

 

B. Subsequent approval / permission for manufacture of already approved new
drug :

(a) Formulation:
(1) Bio-availability / bio-equivalence protocol.
(2) Name of the investigator/center.
(3) Source of raw material (bulk drug substances) and stability study data.

(b) Raw material (bulk drug substances):
(1) Manufacturing method.
(2) Quality control parameters and/or analytical specification, stability report.
(3) Animal toxicity data.

C. Approval / Permission for fixed dose combination:
(1) Therapeutic Justification.

3
(authentic literature in [pre-reviewed journals]/text books)

(2) Data on pharmacokinetics/pharmacodynamics combination.
(3) Any other data generated by the applicant on the safety and

efficacy of the combination.

D. Subsequent Approval or approval for new indication – new dosage form:
(1) Number and date of Approval / permission already granted.
(2) Therapeutic justification for new claim / modified dosage form
(3) Data generated on safety, efficacy and quality parameters.

A total fee of rupees …………………………………….. (in words) ……………………….. has been

 

credited to the Government under the Head of Account…………………………. (Photocopy of
receipt is enclosed).

 

Dated : ….. Signature…….
Designation…………….

 

Note: *Delete whichever is not applicable.
_
1. Forms 44 to 46 A ins. by No.G.S.R. 900 (E), dt. 12.12.2001.
2. Ins. By G.S.R. 826 (E), dt. 30.10.2015.
3. Subs by G.S.R. 26(E), dt. 19.1.2006.

 

 

 

 

273

 

 

Drugs and Cosmetics Rules 1945

1
[FORM 45

(See rules 122 A, 122 D and 122 DA)
Permission to import Finished Formulation of a New Drug

Number of the permission and date of issue……………………………………………..
M/s …………………………………………………………… of……………………………………….
(address) is hereby permitted to import the following new drug formulation under rule
122 A /122 D/122 DA of the Drugs and Cosmetics Rules, 1945.

(1) Name of the New Drug :
(2) Dosage form :
(3) Composition :
(4) Indications :

Dated:……………
Signature……………………….

Name and designation of Licensing Authority

Conditions for Grant of Approval / Permission.

(1) The formulation shall conform to the specifications approved by the
Licensing Authority.
(2) The proper name of the drug shall be printed or written in indelible ink

and shall appear in a more conspicuous manner than the trade name, if any, which
shall be shown immediately after or under the proper name on the label of the
innermost container of the drug or every other covering in which the container is
packed.

(3) The label of the innermost container of the drug and every other covering in
which the container is packed shall bear a conspicuous red vertical line on the
left side running throughout the body of the label which shall not be less than 1
mm in width and without disturbing the other conditions printed on the label to
depict it as prescription drug.

(4) The label on the immediate container of the drug as well as the packing in which
the container is enclosed should contain the following warning:

“WARNING : To be sold by retail on the prescription of a ………………………… Only.”

2
[(5) Post marketing surveillance study shall be conducted during initial period

of two years of marketing of the new drug formulation, after getting the protocol
and the names of the investigator duly approved by the Licensing Authority.]
(6) All reported adverse reactions related to the drug shall be intimated to the

Drugs Controller, India and Licensing Authority and regulatory action resulting from
their review should be complied with.

(7) No claims except those mentioned above shall be made for the drug without the
prior approval of the Licensing Authority.

(8) Specimen of the carton, labels, package insert that will be adopted for
marketing the drug in the country shall be got approved from the Licensing Authority
before the drugs is marketed.

(9) Each consignment of imported drug shall be accompanied by a test/analysis
report.

_
1. Ins. by No.G.S.R. 900 (E), dt. 12.12.2001.
2. Subs by G.S.R. 101(E), dt. 18.2.2011.

 

 

 

274

 

 

Drugs and Cosmetics Rules 1945

1
[FORM 45A

(See rules 122A and 122DA)
Permission to import raw material (new bulk drug substance)

Number of the permission and date of issue…………………………………………….
M/s ………………………………………………………………………..of……………………(address)
is hereby permitted to import the following raw material (new bulk drug substances)
under rule 122 A / 122DA of the Drugs and Cosmetics Rules, 1945, namely :-

Name of the raw material (new bulk drug substances):

(1) ……………………………………..
(2) ………………………………………
(3) ……………………………………..

Dated ……………… Signature …………..

Name and Designation of the Licensing Authority……………

Conditions for Grant of Approval / Permission

(1) The raw material (new bulk drug substance) shall conform to the test

specifications as approved by the Licensing Authority.

(2) For manufacture of raw material (new bulk drug substance) or its
formulation in the country, separate approval under rule 122-B shall be obtained
from the Licensing Authority.

(3) The permission to import shall not be used to convey or imply that the raw
material

(new bulk drug) is categorized as “life saving or essential drug.”]
_
1. Ins. By G.S.R. 900 (E), dt. 12.12.2001.

1
[FORM 46

(See rules 122 B, 122 D and 122 DA)
Permission / Approval for manufacture of new drug formulation

 

Number of permission and date of issue ………………….. ………………………………. M/s
of …………………………………….. (address) is hereby granted Permission/Approval to
manufacture following new drug formulation under rule 122B/122D/122DA of the
Drugs and Cosmetics Rules, 1945, namely :-

(1) Name of the formulation:
(2) Dosage form:
(3) Composition:
(4) Indications:

Dated ……………. Signature ……

Name and designation of Licensing Athority……….

Conditions for Grant of Approval / Permission.
(1) The formulation shall conform to the specifications approved by the
Licensing Authority.
(2) The proper name of the drug shall be printed or written in indelible ink and

shall appear in a more conspicuous manner than the trade name, if any, which shall
be shown immediately after or under the proper name on the label of he
innermost container of the drug or every other covering in which the container is
packed.

275

 

 

Drugs and Cosmetics Rules 1945

(3) The label of the innermost container of the drug and every other covering
in which the container is packed shall bear a conspicuous red vertical line on the left
side running throughout the body of the label which shall not be less than 1 mm in
width and without disturbing the other conditions printed on the label to depict it
as prescription drug.

(4) The label on the immediate container of the drug as well as the packing in
which the container is enclosed should contain the following warning:

“WARNING : To be sold by retail on the prescription of a ……………………… only.”

2
[(5) Post marketing surveillance study shall be conducted during initial

period of two years of marketing of the new drug formulation, after getting the
protocol and the names of the investigator duly approved by the Licensing Authority.]

(6) All reported adverse reactions related to the drug shall be intimated to the
Drugs Controller, India and Licensing Authority and regulatory action resulting from
their review should be complied with.

(7) No claims except those mentioned above shall be made for the drug without
the prior approval of the Licensing Authority.

(8) Specimen of the carton, labels, package insert that will be adopted for
marketing the drug in the country shall be got approved from the Licensing Authority
before the drug is marketed.
_
1. Ins. by G.S.R. 900 (E), dt. 12.12.2001.
2. Subs by G.S.R.101(E), dt. 18.2.2011.

1
[FORM 46A

(See rules 122 B and 122 DA)
Permission/ Approval for manufacture of raw material

(new bulk drug substance)

Name of the permission/ approval and date of issue …………………………….
M/s …………………………………….. of……………………………………. (address) is hereby
granted Permission/Approval to manufacture the following raw material (new
bulk drug substance) under rule 122B / 122DA of the Drugs and Cosmetics Rules,
1945.

Name of the raw material (new bulk drug substance):
(1) …………………………………………………………
(2) ……………………………………………………….
(3) …………………………………………………………

Dated ………….. Signature ……………………..

Name and designation of Licensing Authority.

Conditions for Grant of Permission /Approval

(1) The raw material (new bulk drug substance) shall conform to the

specifications approved by the Licensing Authority.
(2) The raw material (new bulk drug substance) can be sold to only those

manufacturers who have permission, in writing, from Licensing Authority, either to use
the drug for development purpose/clinical trial-bio-equivalence study or to manufacture
the formulation.

(3) For manufacture of the formulation in the country, separate approval under
rule 122B shall be obtained from the Licensing Authority.]

1. Ins. by No.G.S.R. 900 (E), dt. 12.12.2001.

 

276

 

 

Drugs and Cosmetics Rules 1945

1
[FORM 47

(See rule 160 A)
Application for grant or renewal of approval for carrying out tests on Ayurvedic,
Siddha and Unani drugs or raw materials used in the manufacture thereof on
behalf of licensees for manufacture for sale of Ayurvedic, Siddha and Unani

drugs

1. *I/We………………………………………… of ……………………………… hereby apply
for the grant/renewal of approval for carrying out tests of identity, purity, quality and
strength on the following categories of Ayurvedic, Siddha and Unani drugs or raw
materials used in the manufacture thereof on behalf of licensee for manufacture for
sale of Ayurvedic, Siddha and Unani drugs.
2. *Categories of Ayurvedic, Siddha and Unani drugs other than those specified in the
First Schedule to this Act for which testing will be carried out:

AYURVEDA AND SIDDHA UNANI

1. Asava and Arista 1. Nabeez, Khal (Sirka)

2. Arka-Tinir 2. Majoon and its sub-categories

Itrifal, Jawarish, Khameera,

Laooq, Halwar

3. Avaleha and Paka-Ilakam 3. Sufoof, Zuroor, Sunoon.
4. Kavatha Curna-Kutinir Curanam 4. Namak, Khar

5. Guggulu 5. Raughan

6. Ghrita-Ney 6. Zimad

7 Churna-Curanam 7. Habb (Pill)

8. Taila-Tailam 8. Shiyaf

9. Dravaka-Tiravakam 9. Qutoor (drops)

10. Lavana-Uppu 10. Kohal (Surma), Kajal

11. Kshara-Saram 11. Satt, Usara

12. Lepa-Pacai 12. Kushta

13. Vati, Gutika-Kulikai 13. Joshanda (Single drugs)
14. Vartti 14. Sharbat Sikanjabeen

15. Netrabindu (Aschyotan) 15. Sayyal, Arq (Distillates)

16. Anjana-Kanmai 16. Qurs (Tablet)

17. Sattva-Sattu 17. Marham, Qairooti

18. Kupipakva Rasayana-Kuppi Centuram 18. Humool, Furzaja

19. Parpati 19. Bakhoor

20. Pishti 20. Nabati Advia

21. Bhasma-Parpam 21. Maadni Advia

22. Mandura-Atai kutinir 22. Asjad Advia

23. Rasay oga-C entur am 23. Haiwani Advia
24. Lauha 24. Jauhar
25. Ghana Sattva 25. Natool
26. Kvath Pravahi- Kutinir 26. Nashooq, Naswar
27. Panak (Syrup)-Manappaku 27. Shamoom

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28. Tablet-Mattirai 28. Saoot (Nasal drops)
29. Capsule 29. Mazoogh

 

30. Ointment- Kalimapu 30. Tila
31. Phalavarti 31. Lashooq
32. Dhoomravarti/Doopan 32. Gulqand
33. Kshar Sutra/Kshar Varti 33. Fateela

34. Single drugs: 34. Ghaza, Utban, Sasbhh

(a) Plant based

(b) Mineral based

(c) Metal based

(d) Animal based

(e) Synthetic

(f) Any other Ayurvedic, Siddha, Unani formulation

35. Pushp (Phool) 35. Capsule
36. Nasya 36. Huqna
37. Swarasa (Fresh juice) 37. Naurah
38. Karna Bindu (Ear drops) 38. Latookh
39. Any other dosage of Patent and 39. Vajoor (Throat paint)

Proprietary and Ayurvedic, Siddha,

Unani Drug
40. Mazmazah (Mouth washer)

 

(3) Names, qualifications and experience of experts employed for testing and
the person in-charge of testing.

(4) List of testing equipment provided.

(5) *I/We enclose a plan of the testing premises showing the location and area
of the different sections thereof.

(6) An inspection fee of rupees …………………….. has been credited to Government
under the head of account ………………………..

Dated…………

Signature……….
Full address of the Applicant

*Delete which is not applicable.

1. Ins. by G.S.R. 701(E), dt. 27.9.2001 and subs. by G.S.R. 73(E), dt. 31.1.2003.

 

1
[FORM 48

(See Rule 160 B)

Approval for carrying out tests or analysis on Ayurvedic, Siddha and Unani drugs or
raw materials used in the manufacture thereof on behalf of licensees for manufacture

for sale of Ayurvedic, Siddha and Unani drugs

Number of approval and date of issue…………………

1. Approval is hereby granted to …………………………………………………for carrying
out tests in identity, purity, quality and strength on the following categories of
Ayurvedic, Siddha or Unani drugs and the raw materials used in the manufacture
thereof on the premises situated at ……………………………………………………..

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Categories of Ayurvedic, Siddha and Unani drugs.

……………………………………………
……………………………………………
……………………………………………

2. Name of experts employed for testing and the person-in-charge of testing

………………………………(experts) and……………………… (person in-charge).

3. The approval shall be in force from ……………………. to……………………………….

4. The approval is subject to the conditions stated below and such other
conditions as may be specified in the rules for the time being in force under the Act.

Date ………………………. Signature …………………

Place ……………………… Designation ………………..

 

Seal of State Licensing Authority

Conditions of approval

(1) This approval and any certificate of renewal in Form 49 shall be displayed
in the approved premi ses and s h all be produced at the request of the
Inspectors appointed under the Act.

 

(2) If the applicant wishes to undertake during the currency of the approval the
testing of any other category of Ayurvedic, Siddha or Unani drugs it should apply to
the approving authority for necessary endorsement as provided in Rule 160A. This
approval will be deemed to extend to the items so endorsed.

 

(3) Any change in the experts or in the person in-charge of the testing
shall be forthwith reported to the approving authority.

(4) The applicant shall inform the approving authority in writing in the event of
any change of the constitution of the laboratory operating under this Form. Where any
change in the constitution of the laboratory takes place, the current approval shall be
deemed to be valid for a maximum period of three months from the date on which the
change takes place unless in the meantime, a fresh approval has been taken from the
approving authority in the name of the laboratory with the changed constitution.]

 

_

1.Ins. by G.S.R. No.702(E) dt. 27-9-2001 and subs.by.G.S.R.73(E), dt.31.01.2003.

1
[Form 49

 

(See rule 160- I)
Certificate of renewal for carrying out tests or analysis on Ayurvedic, Siddha or

Unani drugs or raw materials used in the manufacture thereof on behalf of licensees
for manufacture for sale of Ayurvedic, Siddha or Unani drugs

1. Certified that approval number ……………………… g r an t ed o n th e ………..
day o f ………………………………………………………………………….. 20…. for carrying out
tests of identity, purity, quality and strength on the following categories of
Ayurvedic, Siddha or Unani, drugs and the raw materials used in the manufacture
thereof at the premises situated at …………………………. has been renewed from
………. to……………. (date).

Catagories of Ayurvedic, Siddha or Unani drugs:
……………………………………………….

2. Name of experts and the person-in-charge of testing……………………..
(experts) and………………….(person in charge)

 

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Date: ……………….. Signature ………………………

Place : ……………..
Designation ………

Seal of State Licensing Authority ]

1. Ins. by G.S.R. No.701(E) dt. 27-9-2001 and subs. by G.S.R.73(E) dt. 31.01.2003.

1
[FORM 50

[See rule 160 D(f)]

Report of test or analysis by approved Laboratory

(1) Name of manufacturer from whom sample received together with his

manufacturing licence number under the Act or the rules made
thereunder.

 

…………………………………………………………………………………………

(2) Reference number and date of the letter from the manufacturer under which the
same was forwarded.

…………………………………………………………………………………………

(3) Date of receipt of the sample

……………………………………………………………………………………………

(4) Name of Ayurvedic, Siddha and Unani drug of raw material purporting to be
contained in the sample.

……………………………………………………………………………………………

(5) Details of raw material of final product (in bulk finished pack)* as obtained
from the manufacturer:

 

(a) Original manufacturer’s name in the case of raw materials and drugs
repacked…… …………………………….

(b) Batch number…………………………………

(c) Batch size as represented by sample……………..

(d) Date of manufacture, if any …….…………………

(e) Date of expiry, if any………………………………….

(6) Results of test or analysis with protocols of test or analysis applied or as
per Ayurvedic, Siddha or Unani Pharmacopoeial standards.

 

(7) Other specific tests for identity, purity, quality and strength of Patent
and Proprietary drugs.

In the opinion of the undersigned, the sample referred to above is of standard
*quality/is not of standard quality as defined in the Act or the rules made thereunder for
the reasons given below

……………………………………………………………………………………………
Date…….
Place…..

(Signature of the person-in-charge of testing)
(F. No……………………………..)

Name and Designation and Seal…………
Name and Address of the Laboratory……

License No……………..
Note: Final product includes repacked material.
*Delete whichever is not applicable.

1. Ins. by G.S.R. 701(E) dt. 27-9-2001 and subs. by G.S.R.73(E) dt. 31.1.2003

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1

[SCHEDULE B

(See rules 7 and 48)

Fees for test or analysis by the Central Drugs Laboratories or State Drugs Laboratories
:

1. I. Fees for test and assay of Drugs requiring use of animals

Rupees

Adrenocorticotrophic hormone assay 1000
Gonadotrophic hormone for LH activity 1000

 

FSH Activity 1000
Posterior pituitary extract or its synthetic substitute for 400
oxytocin activity
Vasopressor activity 400

 

Insulin and insulin in combination for hypoglycaemic activity 2000

Hyaluronidase 500
Glucagon 2000
Heparin for anticoagulant activity 600
Protamine sulphate 300
Depressor or Histamine like substane 300
Pyrogen test 500

 

Antigenecity or foreign protein test 300
Abnormal or undue toxicity or safety test 200

 

Determination of Lethal doses, LD10 or LD 50 in mice 800
Skin sensitivity/eye irrigation 250
Implantation test 2000

2. Microbiological tests and assays –

Bioassay of Antibiotic 400

Microbiological assay of vitamins 300

Phenol coefficient 300

Preservatives – Microbial challenge test 2000
Sterility test – Parenteral preparations 100
Surgical dressings 200
Syringes and needles 300
Transfusion and infusion sets or assemblies 400
Other sterile devices

 

1. Subs. by G.S.R. No.478(E), dt. 7-8-1998.

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3. Identification tests –

(a) Chemical Methods 50
(b) Microscopical 50
(c) IR Spectroscopy 150
(d) UV Spectroscopy 100

(e) Chromotography

 

(i) Paper 100
(ii) Thin layer 150
(iii) Column 100
(iv) GLC 250
(v) HPLC 500
(vi) Gel Filtration 300

 

(f) Electrophoresis

 

(i) Paper and Cellulose acetate 200
(ii) Polyacrylamide Gel, starch gel, agar gel 300 each

4. Physical tests –

(a) Optical rotation, specific gravity, refractive index, 75 each
weight per ml, fluorescence.
(b) Viscocity 100
(c) pH, Solubility, loss on drying, net content, ash, sulphated ash 20 each
etc.
(d) Absorbancy, wt/unit area (surgical), foreign matter, extractive 30 each

 

value, thread count etc.
(e)

Uniformity of weight

(i) Tablets 15
(i) Capsules 20

(f) Acid value, iodine value, peroxide value, 100 each
Soponification value, acetyl value.
(g) Disintegration tests –

(i) Ordinary tablets 20
(ii) Capsule 30
(iii) Sugar Coated tablets 50
(iv) Enteric coated tablets 100

(h) Dissolution test 250
(i) Uniformity of content. 500
(j) Wt. per unit area (powder), particle size, count, methoxy 200 each
value.
(k) Limit test for impurities 100 each

(l) Related substances

(i) T LC method

(A) Without reference standard 150
(B) With reference standard 250

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(ii) Gas Liquid Chromatography

(A) Without reference standard 250
(B) With reference standard 350

(iii)High pressure Liquid Chromatography 100
(A)Without reference standards 500
(B)With reference standards 500

(m) Water (Karl Fisher) 200

(5) Assays –

(a) General chemical methods 100 for each
ingredient

(b) Non-aqueous/instrumental 200 for each

ingredient
(c) Chromatography

 

(i) TLC 250
(ii) Column 200
(iii) GLC 350
(iv) HPLC 500
(v) Gel filtration 400

(d) Nitrogen determination 200
(e) Medicinal gases 400

 

(6) Polymorph test – 300

(Content of polymorph A in chloramphenicol palmitate)

Surgical sutures (Depending on number of tests to be carried) 200-500
Other miscellaneous tests 100-500

II Fees for Sera and Vaccine –
Sterility test 100

Abnormal toxicity test 400
Specific toxicity test 800
Inactivation test (Rabies) 200
Potency testing of rabies vaccine 2025
Potency testing of pertussis fraction of DPT vaccine 2025
Potency testing of tetanus fraction of DPT/DT/TT vaccine 2500

Potency testing of diphtheria Fraction of DPT/DTE vaccine. 2700
Testing of antisera for the specific titre 1000
Potency testing measles/Mumps/Rubella vaccine 760 each

Testing of Oral Polio Vaccine (OPV) –

Potency 4550
Identity 1000
Stability 800
Potency testing of Japanese Encephalitis Vaccine 3900
Potency testing of Snake 400
Venom serum for each venom
Identity testing for vaccines/sera
Cell culture (Other than OPV) 400
Other than cell culture 100

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Drugs and Cosmetics Rules 1945

Estimation of volume/pH/total solids/No. of 50 each
organisms/Physical checking.
Estimation of total proteins/aluminium
content/phenol/formaldehyde/thiomersal/moisture. 200 each
Pyrogen testing 500
Stability test for vaccines other than Oral Polio Vaccine 4550

III Cosmetics 400 – 1500
(The exact amount of the fee shall be determined by the
Director of Laboratory or the Government Analyst, as the case
may be).

IV Rubber Condoms
1000

IV Homoeopathic medicines:

1. Identification test for raw material of botanical origin (other 125

than assay of constituents).
2. Identification test for raw material of chemical origin (other 100

than assay)

3. Limit test for drugs of chemical origin 150
4. Assay of total alkaloids or of drugs of chemical origin 100
5. Identification test for drugs of animal origins or 100

microbiological.
6. Fees for testing of Mother tincture, lower potencies upto 3x or 100

equivalent.
7. U.V. or I.R. or H.P.C.L. defect determination 75

Determination of Biochemic drug through atomic absorbance 75
spectrophotometer.

Note :-

1. For tests not listed in the Schedule, charges will be determined by the Director or
the Government Analyst of the laboratory / institute as the case may be.

2. For the tests relating to Ayurvedic, Unani and Siddha medicines, charges will be

determined by the Adviser (Indigenous System of Medicine), Director or Government
Analyst of the Laboratory / Institute, as the cased may be.]

1. Subs by G.S.R. 478 (E), dt:7.8.1998.

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Drugs and Cosmetics Rules 1945

1
[SCHEDULE B(1)
(See rules 163F)

FEES FOR THE TEST OR ANALYSIS BY THE PHARMACOPOEIAL LABORATORY FOR

INDIAN MEDICINE (PLIM) OR THE GOVERNMENT ANALYST

Type of testing/analysis Cost of testing or
analysis in Rupees

(1) (2)
1. Test for sterlity 250.00

2. Abnormal toxicity or undue toxicity or safety test 750.00

3. Determination of lethal does LD 50 to 10 on mice 2500.00

4. Chemical test for each ingredient 500.00

5. Disinfectants 1000.00

6. Any other test requiring animal experimentation 500.00

7. Microbiological assay 750.00

8. Microscopic examination of single drugs 250.00

9. Microscopic examination of raw material of compound 500.00

drug

10. Chemical identification as per Pharmacopoeia 250.00

11. Disintegration of tablets and capsules

(a) ordinary 100.00

(b) sugar coated 200.00

(c) enteric coated 400.00

12. Psysiochemical Assays 300.00

13. Test other than assay (limit tests for impurities, ash 100.00

content, total solids, acid value, saponification value,

loss on drying etc.) for each test.

14. Optical rotation 250.00

15. Refractive index 250.00

16. Arsenic testing 250.00

17. Paper chromatography 250.00

18. Thin layer chromatography 300.00

19. Column chromatography 2500.00

20. Gas liquid chromatography 1000.00

21. HPTLC restricted to single drugs qualitative 1000.00

22. Atomical absorption spectrophotometry for Hg, Pb, As, 500.00

Cd

23. Cosmetics/ tails/ creams 500.00

24. Identification test for raw material of plant origin (other 125.00

than assay of constitutents)

25. Identification test for raw material of chemical origin 100.00

(other than assay)

26. Limit test for drug of chemical origin 150.00

27. Other miscellaneous tests 1000.00

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Drugs and Cosmetics Rules 1945

Note: Sample testing charges will be determined / revised by the Director or Government Analyst of the

Pharmacopoeial laboratory for Indian Medicine, as the case may be, in consultation with the Department of

Ayurveda, Yoga, Unani, Siddha and Homoeopathy, Ministry of Health and Family Welfare.

1
[SCHEDULE C

(See rules 23, 61 and 76 and Part X)

Biological and Special Products

1. Sera.
2. Solution of serum proteins intended for injection.

2
[3. Vaccines for parenteral injections.
4. Toxins.
5. Antigen.
6. Antitoxins.
7. Neo-arsphenamine and analogous substances used for the specific treatment of infective

diseases.
8. Insulin.
9. Pituitary (Posterior Lobe) Extract.
10. Adrenaline and Solutions of Salts of Adrenaline.

3
[11. Antibiotics and preparations thereof in a form to be administered parenterally.]
4
[12 Any other preparation which is meant for parenteral administration as such or after being

made up with a solvent or medium or any other sterile product and which-
(a) requires to be stored in a refrigerator; or
(b) does not require to be stored in a refrigerator.]

13. Sterilized surgical ligature and sterilized surgical suture.
2
[14. Bacteriophages.

5
[15 Ophthalmic preparations.]

6
[16 Sterile Disposable Devices for single use only.]

 

1. Amended by Notfn. No. F. 1-30/47-A, dt. 5-1-1950
2. Amended by Notfn. No. F. 1-8/60-D, dt. 31-8-1960
3. Subs. by No. G.S.R. 487(E) ,dt. 2.7.1984.
4. Amended by Notfn. No. F. 1-14/68-D, dt. 26-10-1968
5. Ins. by Notfn. No. G.S.R. 1242(E) ,dt. 17.9.1979
6. Ins. by Notfn. No. G.S.R. 109(E) ,dt. 22.2.1994.

 

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Drugs and Cosmetics Rules 1945

1
[SCHEDULE C (1)

(See Rule 23, 61 and 76)

Other Special Products

1 Drugs belonging to the Digitalis group and preparations containing drugs belonging to the

Digitals group not in a form to be administered parenterally.

2 Ergot and preparations containing Ergot not in a form to be administered parenterally.

3 Adrenaline and preparations containing Adrenaline not in a form to be administered

parenterally.

4 Fish Liver Oil and preparations containing Fish Liver Oil.

5 Vitamins and preparations containing any vitamins not in a form to be administered
parenterally.

 

6 Liver extract and preparations containing liver extract not in a form to be administered
parenterally.

 

7 Hormones and preparations containing Hormones not in a form to be administered
parenterally.

 

8 Vaccine not in a form to be administered parenterally.

2
[9. Antibiotics and preparations thereof not in a form to be administered parenterally.]

3
[10. In-vitro Blood Grouping Sera.

 

11. In-vitro Diagnostic Devices for HIV, HbsAg and HCV.]

1. Amended by. Notfn. No. F. 1-22/59-D, dt. 9-4-1960
2. Subs. by.G.S.R.487(E) ,dt. 2-7-1984.
3. Ins. By G.S.R. 601(E), dt. 27.8.2002.

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Drugs and Cosmetics Rules 1945

SCHEDULE D
[See Rule 43]

Class of drugs Extent and conditions of exemption

1. Substances not intended for All provisions of Chapter III of the Act and rules
medicinal use thereunder subject to the condition that if the
substance is imported in bulk, the importer shall

certify that the substance is imported for non-
medicinal uses, and if imported otherwise than in
bulk, each container shall bear a label indicating
that the substance is not intended for medicinal

1
use or is of commercial quality. [Further,
permission from licensing authority as defined in
clause (b) of rule 21 has to be obtained for import
of the substance for non-medicinal use without
registration and import license.]

2[***]
3[***]

4[5. The following substances, which are All provisions of Chapter III of the Act

used both as articles of food as well and rules thereunder.

as drugs:-
(i)

All condensed or powdered milk
whether pure, skimmed or malted,
fortified with vitamins and minerals.

(ii) Farex, Oats, Lactose and all other
similar cereal preparations whether
fortified with vitamins or otherwise
excepting those for parenteral
use.

(iii) Virol, Bovril, Chicken essence and
all other similar predigested foods.

(iv) Ginger, Pepper, Cumin, Cinnamon
and all other similar spices and
condiments unless they are
specifically labelled as
conforming to the standards in the
5
[Indian Pharmacopoeia or the

official pharmacopoeias and the
official compendia of the drug
standards prescribed under the
Act and rules made thereunder].

1. Ins. By G.S.R 724 (E), dt:7-11-2013.
2. Serial no 2, 3, omitted by Notfn. No. F-1-6/62-D (S.O.2889), dt: 2-7-1969.
3. Serial no 4, omitted by G.S.R.604 (E) ,dt. 24-8-2001
4. Amended by Notfn. F. 1-53/55-D, dt. 7.1.1957.
5.Amended by G.S.R. 19, dt: 15-12-1977.

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Class of drugs Extent and conditions of exemption

1
[6. Drugs and cosmetics The provisions of Chapter III of the Act and rules

imported for thereunder which required them to be covered by an
manufacture and export import licence, import registration and import through

by units situated in notified port of entry, subject to the conditions that these
―Special Economic drugs and cosmetics shall not be diverted for sale in the

Zones‖ as notified by the country:

Government of India Provided that such imported drugs and cosmetics
from time to time. may be permitted to the domestic area if they meet the
requirements of standard procedure for import and
registration as required under Chapter III of the Act and
rules thereunder.
2
[7. Custom Made Devices All provisions of Chapter III of the Act and the rules

made thereunder, subject to the condition that the device is
specifically made in accordance with a duly qualified
medical practitioner‘s written prescription under his
responsibility, in accordance with specific design
characteristics and is intended for the sole use of a
particular patient and the label should bear the word
―custom made device.‖ Explanation.––Mass produced
devices which only need adoption to meet the specific
requirements of the medical practitioner or any other
professional user shall not be considered to be custom
made devices.]

1. Ins. by G.S.R. 528(E), dt. 8.7.2003.
2. Ins. By G.S.R 690 (E) dated 25-09-2014.

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Drugs and Cosmetics Rules 1945

1
[SCHEDULE D(I)

(See rule 21 (d) and rule 24 A)

Information and undertaking required to be submitted by the manufacturer or his authorized
agent with the Application Form for a Registration Certificate. The format shall be properly
filled in for each application in Form 40. The detailed information, secret in nature, may be

furnished on a Computer Floppy.

1. Particulars of the manufacturer and manufacturing premises

1.1 Name and address of the manufacturing premises (Telephone No.,

Fax No., E-mail address) to be registered.

1.2 Name(s) and address(es) of the Proprietor /Partners / Directors.

1.3 Name and address of the authorized Agent in India, responsible for

the business of the manufacturer.

1.4 A brief profile of the manufacturer‘s business activity, in domestic as well as
global market.

1.5 A copy of Plant Master File (duly notarised)

1.6 A copy of Plant Registration / approval Certificate issued by the Ministry of

Health/National Regulatory Authority of the foreign country concerned (duly
notarised)

1.7 A brief profile of the manufacturer‘s research activity.

2. Particulars of the manufactured drugs to be registered under Registration

Certificate.

2.1 Names of drugs (Bulk/Formulation/Special product) to be registered meant for
import into and use in India.

2.2 A copy of the approved list showing the bulk drugs/formulations/special
products mentioned in 2.1 above are permitted for manufacturing / marketing
in the country of origin (duly notarized).

2

2.3 [A copy of Good Manufacturing Practice (GMP) certificate as per WHO –
GMP guidelines or Certificate of Pharmaceutical Products (CPP) or written
confirmation for active substances exported to European Union which is
equivalent to GMP certificate issued as per WHO – GMP guidelines, by the
National Regulatory Authority of the country of origin or a copy of the
certificate equivalent to GMP certificate as per WHO GMP guidelines issued
by National Regulator of United States of America or Japan or Australia or
Canada or the European Union for the purpose of marketing of the drugs in
their country, in relation to bulk drugs or formulations or special product
meant for import into India.]

2.4 The domestic prices of the drugs to be registered in India, in the currency of the

country of origin.

2.5 The name(s) of the drug(s) which are original research products of the
manufacturer.

 

1. Ins. by G.S.R. No.604(E) , dt. 24-8-2001 (w.e.f. 1-1-2003).
2. Subs. by G.S.R. No. 897(E) , dt. 21-9-2016.

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3. Undertaking to declare that: –

3.1. We shall comply with all the conditions imposed on the Registration Certificate,
read with rules 74 and 78 of the Drugs and Cosmetics rules, 1945.

3.2 We declare that we are carrying on the manufacture of the drugs mentioned in

this Schedule, at the premises specified above, and we shall from time to time
report any change of premises on which manufacture will be carried on and in
cases where manufacture is carried on in more than one factory any change in
the distribution of functions between the factories.

3.3 We shall comply with the provisions of Part IX of the Drugs and Cosmetics

Rules, 1945.

3.4 Every drug manufactured by us for import under the Registration Certificate
into India shall be as regard strength, quality and purity conforms with the
provisions of Chapter III of Drugs and Cosmetics Act, 1940 and Part IV of the
Drugs and Cosmetics Rules 1945, and their amendments from time to time.

3.5 We shall from time to time report for any change or manufacturing process, or

in packaging, or in labelling, or in testing, or in documentation of any of the
drugs, pertaining to the Registration Certificate, to be granted to us. Where any
change in respect of any of the drugs under the Registration Certificate has
taken place, in respect of any of the above matters, we shall inform the same to
the licensing authority in writing within 30 days from the date of such changes.
In such cases, where there will be any major change/modification in
manufacturing or in processing or in testing, or in documentation, as the case
may be, at the discretion of the licensing authority, we shall obtain necessary
approval within 30 days by submitting a separate application, alongwith the
registration fee as specified in clause (ii) of sub rule (3) of rule 24-A.

3.6 We shall from time to time report for any administrative action taken due to

adverse reaction, viz. market withdrawal regulatory restriction, or cancellation
of authorization and/or ―not of standard quality report‖ of any drug pertaining
to the Registration Certificate declared by any Regulatory Authority of any
country where the drug is marketed/sold or distributed. The despatch and
marketing of the drug in such cases, shall be stopped immediately and the
licensing authority shall be informed immediately. Further action in respect of
stop marketing of drug shall be taken as per the directions of the licensing
authority. In such cases, action equivalent to that taken with reference to the
concerned drug(s) in the country of origin or in the country of marketing will be
followed in India also, in consultation with the licensing authority. The
licensing authority may direct any further modification to this course of action,
including the withdrawal of the drug from Indian market within 48 hours time
period.

3.7 We shall comply with such further requirements, if any, as may be specified, by

the Government of India, under the Act and the rules made there under.

3.8 We shall allow the licensing authority and/or any person authorized by him in
that behalf to enter and inspect the manufacturing premises and to examine the
process/procedure and documents in respect of any drug manufactured by us for
which the application for Registration Certificate has been made.

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3.9 We shall allow the licensing authority or any person authorized by him in that
behalf to take samples of the drugs concerned for test, analysis or examination,
if considered necessary by the licensing authority.

 

Place:
Date:

 

Signature of the manufacturer
1
[or his authorized agent]

Seal / Stamp

1. Ins. by G.S.R. 35(E), dt. 20.1.2005.

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Drugs and Cosmetics Rules 1945

SCHEDULE D(II)
[See rule 21 (d) and rule 24 A]

Information required to be submitted by the manufacturer or his authorized agent with the

Application Form for the registration of a bulk drug/formulation/special product for its import into
India.

The format shall be properly filled in and the detailed information, secret in nature, may be furnished
on a Computer Floppy

 

 

1. GENERAL

1.1. Name of the drug/formulation/special product, a brief description and the
therapeutic class to which it belongs.

1.2 Regulatory status of the drug. Free Sale Certificate and/or Certificate of Pharmaceutical
Products (CPP) issued by the Regulatory Authority of the country of origin. Free sale
approval issued by the Regulatory Authorities of other major countries.

1.3 Drugs Master File (DMF) for the drug to be registered (duly notarised).
1

1.4 [GMP certificate as per WHO-GMP format, or Certificate of Pharmaceutical Products
(CPP), or written confirmation for active substances exported to the European Union
which is equivalent to GMP certificate issued as per WHO – GMP guidelines, by the
National Regulatory Authority of the country of origin or a duly notarised copy of the
certificate equivalent to GMP certificate as per WHO-GMP guidelines issued by
United States of America or Japan or Australia or Canada or the European Union for
the purpose of marketing of the drug in their country.]

1.5 List of countries where marketing authorization or import permission for the said drug is
granted with date (respective authorisation shall be enclosed).

1.6 List of countries where marketing authorisation or import permission for the said drug is
cancelled/withdrawn with date.

1.7 List of countries where marketing authorisation or import permission for the said drug is
pending since (date).

1.8 Domestic price of the drug in the currency followed in the country of origin.

1.9 List of countries where the said drug is patented.

2. CHEMICAL AND PHARMACEUTICAL INFORMATION OF DRUGS.

2.1 Chemical name.

Code name or number, if any.

Non-proprietary or generic name, if any.

Structure.

Physico-chemical properties.

2.2 Dosage form and its composition.

Qualitative and Quantitative composition in terms of the active substances(s) and
excipient(s). List of active substance(s) separately from the constituent(s) of excipients.

 

2.3 Specifications of active and inactive ingredient (s) including pharmacopoeial references.

2.4 Source of active ingredient(s), name and address.

2.5 Tests for identification of the active ingredient(s),

Method of its assays and tests for impurity profile with reference standards for the
impurities (Protocol to be submitted alongwith reference standards for the impurities /
relative substances).

2.6 Outline method and flow chart of manufacture of the bulk drug or finished formulation
or special product.

2.7 Detailed test protocol for the drug with pharmacopoeial reference or in- house
specification as approved by the registration authority, in the country of origin.

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2.8 Stability data including accelerated stability and real time stability analysis.

1. Subs. by G.S.R. 897 (E), dt. 21.9.2016.

2.9 Documentation on pack size.
2.10 Numerical expression on EAN bar code on the labels and cartons,
2.11 Safety documents on containers and closures.
2.12 Documentation on storage conditions.
2.13 Three samples of medicinal product/drug and outlet packing are to be submitted with

batch certificates. Additional samples as well as reference substances with batch
certificates including date of manufacture, shelf life, and storage conditions of reference
substance may be required both during registration procedure and during validity of
registration decision.

2.14 Batch test reports/certificate of five consecutive production batches in details of the
medicinal product are to be submitted for every site of manufacturing premises.

2.15 Manner of labelling as per rule 96 of the Drugs and Cosmetics Rules 1945.
2.16 Package insert.
2.17 Details of safety handling procedure of the drug.
2.18 Details of PMS study report for marketing period not exceeding five years.

.

3. BIOLOGICAL AND BIOPHARMACEUTICAL INFORMATION OF DRUGS

3.1 Biological control tests applied on the starting material, if applicable.
3.2 Biological control tests applied on the intermediate products, if applicable.
3.3 Biological control tests applied on the finished medical products, if applicable.
3.4 Stability of the finished products in terms of biological potency of the drug, if

applicable.
3.5 Sterility tests, if applicable, specification and protocol therein.
3.6 Pyrogen tests, if applicable, specification and protocol therein.

3.7 Acute and sub-acute toxicity tests, if applicable specification and protocol therein.
3.8 Bio-availability studies and bio-equivalence data, if applicable.
3.9 Data relating to the environmental risk assessment for r-DNA products.
3.10 Other information relevant under the section.

4. PHARMACOLOGICAL AND TOXICOLOGICAL INFORMATION OF DRUGS.

Executive summary of the product is to be submitted mentioning the specific and general

pharmacological actions of the drug and pharmacokinetic studies on absorption, metabolism,
distribution and excretion. A separate note is to be given on acute and sub-acute toxicity studies
and long term toxicity studies. Specific studies on reproductive toxicity, local toxicity and
carcinogenic activity of the drug is to be elaborated, as far as possible.

5 CLINICAL DOCUMENTATION

A new drug as defined under rule 122-E of the Drugs and Cosmetics Rules, 1945 is

required to be permitted separately by the licensing authority under rule 122-A of the said rules
prior to its registration. Such a new drug requires a brief summary and clinical documentation,
alongwith permission under 122-A of the said rules for its Registration Certificate.

6. LABELLING AND PACKAGING INFORMATION OF DRUGS.

6.1 Labels should conform as per the specifications under the Drugs and Cosmetics

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Rules 1945.

6.2 Package insert should be in English and shall indicate the following therapeutic
indications: –
Posology and method of administration.

Contra-indications.
Special warnings and special precautions for use, if any.
Interaction with other medicaments and other forms of interaction.
Pregnancy and lactation, if contra-indicated.
Effects on ability to drive and use machines, if contra-indicated.
Undesirable effects/side effects.
Antidote for overdosing.

6.3 Package insert should indicate the following pharmaceutical information: –
List of excipients.

Incompatibilities.
Shelf life in the medical product as packaged for sale.
Shelf life after dilution or reconstitution according to direction.
Shelf life after first opening the container.
Special precautions for storage.
Nature and specification of the container.
Instructions for use/handling.

7 SPECIFIC INFORMATION REQUIRED FOR THE SPECIAL PRODUCTS (to be
supplied, separately in Annexures, as ‗A‘, ‗B‘ and ‗C‘)

 

The information submitted above is true to the best of my knowledge and belief.

Place:
Date :

Signature of the manufacturer

1
[or his authorized agent]

Seal/Stamp

NB: 1. Any change in the process of manufacture, method of testing, labelling, packaging,
designing of the sale pack, medical literature and documentation is to be intimated to the
licensing authority forthwith and permission to be obtained from him within 30 days
time period.

2. Information relating to Serial No.4 and Serial No.5 are not applicable for drugs

figuring in Indian Pharmacopoeia and also for the drugs figuring in United States of
Pharmacopoeia, European Pharmacopoeia, and British Pharmacopoeia provided such
drugs have already been approved for marketing in India for the applicant under
rules 122A, 122B, 122C or 122D of the Drugs and Cosmetics Rules 1945.

1.Ins. by G.S.R. 35(E), dt. 20.1.2005.

 

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ANNEXURE A

(See Schedule D-II, item No.7)

INFORMATION TO BE SUBMITTED IN SCHEDULE D-II

SPECIFIC INFORMATION REQUIRED FOR THE BLOOD PRODUCTS

A product dossier showing the:

1. Details of source Plasma, its viral screening, storage and transport from Collection Centres to
Fractionation Centre. Regulatory status of Collection Centres.

2. Details of Fractionation Centre, Regulatory Status, Method of Fractionation and Control

Processes.

3. Details of viral inactivation process for enveloped and non-enveloped virus(es) and viral
validation studies to assess the viral load of the product. Testing of viral screening at any stage is
to be highlighted with the details of the kits used with their respective sensitivity and specificity.

4. Bulk filtration prior to pharmaceutical packing giving the full details of Micro-filtration or

nanofiltration followed.

5. Complete details of pharmaceutical processing and utilization.

6. Test protocol of the product showing the specifications and pharmacopoeial method
followed for various testing parameters.
Specific batch test report for at least 3 batches showing the specifications of each testing
parameter.

7. Pack size and labelling.

 

8. Product insert.

9 Specimen Batch Release Certificate issued by the National Regulatory Authority of the
country of origin.

 

Specific processings like safe handling, material control, area control, pasteurization,

stability studies, storage at quarantine stage and finished stage and packaging should be
highlighted in the product dossier.

The information submitted above is true to the best of my knowledge and belief.

Place:
Date:

 

Signature of the manufacturer
Seal / Stamp

 

NB: 1. Any change in the process of manufacture, method of testing, labelling, packaging,
designing of the sale pack, medical literature and documentation is to be intimated to the
licensing authority forthwith and permission to be obtained from him within 30 days time
period.

 

 

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ANNEXURE-B

(See Schedule D-II, item No.7)

INFORMATION TO BE SUBMITTED IN SCHEDULE D-II SPECIFIC

INFORMATION REQUIRED FOR THE DIAGNOSTIC KITS

A Product dossier showing the :

1. The details of source antigen or antibody as the case may be and characterization of the
same. Process control of coating of antigen or antibody on the base material like
Nitrocellulose paper, strips or cards or ELISA wells etc.

 

Detailed composition of the kit and manufacturing flow chart process of the kit showing
the specific flow diagram of individual components or source of the individual
components.

2. Test protocol of the kit showing the specifications and method of testing. In house

evaluation report of sensitivity, specificity and stability studies carried out by the
manufacturer.

3. The report of evaluation in details conducted by the National Control Authority of country

of origin.

Specimen batch test report for at least consecutive 3 batches showing specification of
each testing parameter.

4. The detailed test report of all the components used/packed in the finished kit.

5. Pack size and labelling.

6. Product insert.

Specific evaluation report, if done by any laboratory in India, showing the sensitivity and
specificity of the kit.

Specific processing like safe handling, material control, area control, process control,
stability studies, storage at quarantine stage and finished stage, packaging should be
highlighted in the product dossier.

The information submitted above is true to the best of my knowledge and belief.

Place:
Date:

Signature of the manufacturer

Seal / Stamp

NB: 1.Any change in the process of manufacture, method of testing, labelling, packaging,
designing of the sale pack, medical literature and documentation is to be intimated to the
licensing authority forthwith and permission to be obtained from him within 30 days time
period.

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ANNEXURE-C

(See Schedule D-II, item No.7)

INFORMATION TO BE SUBMITTED IN SCHEDULE D-II

 

SPECIFIC INFORMATION REQUIRED FOR VACCINES

A Product dossier showing the:

1. History, source, date of receipt, storage, identity and characterization of the seed strain.

2. Detailed flow chart of manufacturing process showing all the details of in-process control
on toxicity, potency study and stability data of the final bulk and the final finished
product including the storage temperature.

3. Complete details of chemical and pharmaceutical data for the product.

Composition and dosage form – method of manufacture with detailed flow chart – control
of starting material – control tests on intermediate and finished products – certificate of
analysis of finished products – validation of critical manufacturing steps.

4. Test protocol of the vaccines showing the specification and method of testing

including pharmacopoeial specification.

5. Specimen batch test report for at least consecutive three batches showing the
specification of each testing parameter.

6. The detailed test reports of all the components used / packed in the finished vaccine.

7. Pack-size and labelling.

8. Product insert

9. Specimen batch release certificates issued by the National Regulatory Authority of the

country of origin.

10. Summary of pre-clinical and clinical data including :

(a) Prescribing information.
(b) Pharmacological and toxicological data pertaining to tests on animals

Characterisation of immuno response and safety study in human use, in
specific conditions.

Specific information on source of seed strain, its characterization, inactivation, etc. and

processings like safe handling, material control, area control, process control, stability studies,
storage at quarantine stage and finished state, packaging should be highlighted in the product
dossier.

Specimen production and quality control protocols for at least three consecutive lots
showing the specifications for each quality control parameter including pharmacopoeial
requirement shall be submitted for study.

The information submitted above is true to the best of my knowledge and belief.
Place:

Date:

Signature of the manufacturer
Seal / Stamp

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NB: 1. Any change in the process of manufacture, method of testing, labelling, packaging,
designing of the sale pack, medical literature and documentation is to be intimated to the
licensing authority forthwith and permission to be obtained from him within 30 days time
period.

2. All vaccines shall be new drugs unless certified otherwise by the liencesing authority

approved under rule 21 of the Drugs and Cosmetic Rules, 1945. A copy of approval
of the vaccine issued by the said licensing authority is to be enclosed, prior to issue of
Registration Certificate of the said vaccines.

1
[SCHEDULE D (III)

(See rule 129 A)
INFORMATION AND UNDERTAKING REQUIRED TO BE SUBMITiED BY THE

MANUFACTURER OR HIS AUTHORISED IMPORTER/DISTRIBUTOR/AGENT WITH THE
APPLICATION FORM FOR A REGISTRATION CERTIFICATE.

(The format shall be properly filled in for each application in form 42)

1. PARTICULARS OF THE MANUFACTURER AND MANUFACTURING PREMISES.-

(a) Name and address of the manufacturer and manufacturing premises to be registered along with
telephone numbers, Fax numbers and e-mail address.

(b) Name(s) and address of the Partners/Directors.
(c) Name and address of the authorised importer/distributor/agent in India, responsible for the business

of the manufacturer.
(d) A brief profile of the manufacturer ‘s business activity, in domestic as well as global market.
2. PARTICULARS OF THE COSMETICS TO B E RE G IST E RED UNDER

REGISTRATION CERTIFICATE.-
(a) Names of cosmetics along with their brands name, category, pack sizes and variants to be

registered and meant for import into and use in India.
(b) Particulars of the manufacturing licenses/registration/marketing authorizations (if any) under which

the cosmetics are being manufactured in the country of origin along with the copy of the licenses/
marketing authorization/registration issued by the Regulatory Authority of that country.

(c) List of countries where marketing authorization or import permission for the said cosmetic has
been granted.

3. CHEMICAL INFORMATION OF COSMETICS.-
(a) Name(s) of ingredients in the nomenclature of standard references, along with percentages

contained in the cosmetic.
(b) Specification and testing method for testing of the cosmetic(s).
(c) Manner of labelling as per Drugs and Cosmetics Rules, 1945.
(d) Package insert (if any).

4. UNDERTAKINGTO DECLARETHAT.-
(a) We shall comply with all the conditions imposed on the Registration Certificate for the import of

cosmetics as required under the provisions of Drugs and Cosmetics rules, 1945.
(b) We declare that we are carrying on the manufacture of the cosmetics mentioned in this Schedule, at

the premises specified above, and we shall from time to time report any change of premises on
which manufacture will be carried on and in cases where manufacture is carried on in more than
one factory any change in the distribution of functions between the factories.

(c) We shall comply with the provisions of Part XIII of the Drugs and Cosmetics Rules, 1945.
(d) Every cosmetic manufactured by us for import under the Registration Certificate into India shall

conform to the specifications given in the Drugs & Cosmetics Rules, 1945 as amended from time
to time.

(e) We shall inform to the licensing authority, within 30 days in the event of any change in variants or
in category or in manufacturing location or in labelling or in documentation of any of the cosmetic
pertaining to the certificate to be granted to us.

1. Ins. By G.S.R. 426 (E) dated 19-05-2010, read with corrigendum G.S.R. 263(E) dated 30-05-2011, corrigendum G.S.R. dated
29-09-2011, corrigendum G.S.R. 270(E) dated 30-03-2012 and corrigendum G.S.R. 733(E), dated 29-09-2012.

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(f) We shall from time to time report for any administrative action taken due to adverse reaction, viz.

market withdrawals/regulatory restriction, or cancellation of authorisation and/or ―not of standard
quality report‖ of any cosmetic pertaining to the Registration Certificate declared by any
Regulatory Authority of any country where the cosmetic is marketed/sold or distributed. The
despatch and marketing of the cosmetic in such cases, shall be stopped and the licensing authority
shall be informed immediately.

(g) We shall comply with such further requirements, if any, as may be specified, by the Government of
India, under the Act and the Rules, made thereunder.

(h) We shall allow the licensing authority or any person authorised by him in that behalf to take
samples of the cosmetics for testing if considered necessary by the licensing authority.

The information submitted above is true to the best of my/our knowledge and belief.
Place:
Date:

Signature of the manufacturer or his authorized agent
Seal/Stamp.

1
[***]

2
[SCHEDULE E(1)

[See rule 161 (2)]

List of poisonous substances under the Ayurvedic (including Siddha)
and Unani Systems of Medicine
A. AYURVEDIC SYSTEM

I Drugs of vegetable origin

1 Ahipena (Except seeds) Papaver somniferum Linn.
2 Arka Calotropis procera (Ait.) R.Br. ex.
3 Bhallataka Semecarpus anacardium Linn. F.
4 Bhanga (Except seeds) Cannabis sativa Linn. (Except seeds)
5 Danti Baliospermum montanum Mull. Arg.
6 Dhattura Datura metal Linn..
7 Gunja (seed) Abrus precatorium Linn. (seed)
8 Jaipala (seed) Croton tiglium Linn.
9 Karaveera Rerium indicum Mill.
10 Langali Gloriosa superba Linn.
11 Parasika Yavani Hyoscyamus niger Linn.
12 Vatsanabha Acontium chasmanthum Stapf ex Holm.

Vishamushti Strychnox nuxvomica Linn.

13 Shringivisha Acontium chasmanthum Stapf ex Holm.

II Drugs of Animal Origin.

14

Sarpa Visha Snake poison.

III Drugs of Mineral Origin
15 Gauripashana Arsenic.
16 Hartala Arseno sulphide.
17 Manahashila Arseno sulphide.
18 Parada Mercury.
19 Rasa Karpura Hydrargyri subchloridum.
20 Tuttha Copper sulphate.
21 Hingula Cinnabar.

1 ―Schedule E‖ omitted No.G.S.R. 462(E),dt 22-6-1982.
2. Subs. By G.S.R. 683(E) dated 19-08-2010.

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B. SIDDHA SYSTEM
1. Abini Papaver somniferum Linn.
2. Alari Nerium indicum Mill.
3. Attru thummatti Citrullus colocynthis (L.) Schrad
4. Umathai Datura stramonium Linn.
5. Etti Stychnos nux vomica Linn.
6. Ganja (except seed) Cannabis sativa Linn.
7. Kalappaki Kizahangu Glorisa superba Linn.
8. Kodikkalli (exempted for external use) Euphorbia tirucalli Linn.
9. Kattu Thumatti Cucumis trigonus Roxb.
10 Kunri (except root) Arbus precatorius Linn.
11. Cheramkottai Semecarpus anacardium Linn f.
12. Thillai Exoecoria agallocha Linn.
13. Nabi Aconitum ferox Wall.
14. Nervalam Croton tiglium Linn.
15. Pugaielai Nicotiana tabacum Linn.
16. Mancevikkalli Euphorbia species

C. UNANI SYSTEM

I Drugs of vegetable origin

1. Afiyun (except seed) Papaver somniferum Linn.

2. Bazrul-banj Hyoscyamus niger Linn.
3. Bish Aconitum chasmanthum Strapfex Holmes.
4. Bhang Cannabis sativa Linn.
5. Charas Canabis sativa Linn.
6. Dhatura seeds Datura metal Linn (seeds).
7. Kuchla Strychnos nuxvomica Linn.
8. Shokran Conium maculatum Linn.

II Drugs of Animal origin

9. Sanp (head) Snake (head).
10. Telni makkhi Mylabris cichori Linn.

Mylabaris pustulata Thund.
Mylabris macilenta .

III Drugs of Mineral origin

1. Darchikna Hydrargryi perchloridum.

2. Hira Diamond.
3. Ras Kapoor Hydrargryi Subchloridum (calomel).
4. Shingruf Hydrargryi bisulphuratum.
5. Zangar Cupri subacetas.
6. Sammul-Far (Abyaz, Asfar, Aswad and Ahmar)

(white, yellow, black and red, Arsenic).

7. Tootiya Cooppppeerr Suullpphhaattee.

8. Para Hydrargyrum.
9. Hartal Arsenic trisulphide (yellow).]

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SCHED ULE F
(See rule 78 and Part X)

1
[***]

 

2
[PAR T XII B

 

REQUIREMENTS FOR THE FUNC TIONING AND OPERATION OF A

BLOOD BANK AND / OR FOR PREPARATION OF BLOOD COMPONENTS.

I. BLOOD BANKS / B LOOD COMPONENTS

A. GENERAL

1. Location and Surroundings : T he blood bank shall be located at a place which

shall be away from open sewage, drain, public lavatory or similar unhygienic

surroundings.

2. Building : The building (s) used for operation of a blood bank and/or
preparation of blood componen ts shall be constructed in such a manner so as to
permit the operation of the blo od bank and preparation of blood components
under hygienic conditions and s hall avoid the entry of insects, rodents and flies.
It shall be well lighted, ventila ted and screened (mesh), wherever necessary.
The walls and floors of the roo ms, where collection of blood or preparation of
blood components or blood pro ducts is carried out shall be smooth, washable
and capable of being kept clea n. Drains shall be of adequate size and where
connected directly to a sewer, shall be equipped with traps to prevent back
siphonage.

3. Health, clothing and sanitation of staff: The employees shall be free from

contagious or infectious diseas es. They shall be provided with clean overalls,
head-gears, foot-wears and glov es, wherever required. There shall be adequate,
clean and convenient hand wash ing and toilet facilities.

B. ACCOMMODATION FOR A BLOO D BANK.

A blood bank shall have an area of 100 square meters for its operations and an

additional area of 50 square meters for preparation of blood components. It shall be
consisting of a room each for –

(1) registration and medical examination with adequate furniture and facilities for

registration and selection of donors;

(2) blood collection (air-conditioned);

1. Part I to Part XIIA omitted by G.S.R. 663 (E), dated 03-07-1992 corrected vide corrigendum G.S.R.
27(E) dated 22-01-1993.
2. Part XIIB and Part XIIC, were sub. By G.S.R. 245 (E) dated 05-04-1999, previously Part XIIB and XIIC,
were substituted for Part XIIB by G.S.R. 28(E) dated 22-01-1992 and before that Part XIIB was added by
notification number F 1-17/67-D, 24-06-1967.

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(3) blood component preparation. (This shall be air-conditioned to maintain
temperature between 20 degree centigrade to 25 degree centigrade);

 

(4) laboratory for blood group serology (air-conditioned);

(5) laboratory for blood transmissible diseases like Hepatitis, Syphilis, Malaria,
HIV-antibodies (air-conditioned);

(6) sterilization-cum-washing;

(7) refreshment-cum-rest room (air-conditioned);

(8) store-cum-records.

NOTES :

(1) The above requirements as to accommodation and area may be relaxed, in
respect of testing laboratories and sterilization-cum-washing room, for reasons to be
recorded in writing by the Licensing Authority and/or the Central Licence Approving
Authority, in respect of blood banks operating in hospitals, provided the hospital
concerned has a pathological laboratory and a sterilization-cum-washing room common
with other departments in the said hospital.

(2) Refreshments to the donor after phlebotomy shall be served so that he is kept

under observation in the blood bank.

C PERSONNEL
Every blood bank shall have following categories of whole time competent technical

staff:-

(a) Medical Officer, possessing the qualifications specified in condition (i) of rule 122-G.

(b) Blood Bank Technician(s) possessing –

(i) Degree in Medical Laboratory Technology (M.L.T) with six months‘
experience in the testing of blood and/or its components; or

(ii) Diploma in Medical Laboratory Technology (M.L.T) with one year‘s
experience in the testing of blood and / or its components, the degree or diploma being
from a University / Institution recognized by the Central Government or State
Government.

(c) Registered Nurse(s);

(d) Technical supervisor (where blood components are manufactured), possessing-
(i) Degree in Medical Laboratory Technology (M.L.T) with six months‘
experience in the preparation of blood components; or

(ii) Diploma in Medical Laboratory Technology (M.L.T) with one year‘s
experience in the preparation of blood components,

the degree or diploma being from a University / Institution recognized by the Central
Government or State Government.

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NOTES :

(1) The requirements of qualification and experience in respect of Technical Supervisor
and Blood Bank Technician shall apply in the cases of persons who are approved by
the Licensing Authority and/or Central Licence Approving Authority after the
commencement of the Drugs and Cosmetics (Amendment) Rules, 1999*.

(2) As regards, the number of whole time competent technical personnel, the blood bank

shall comply with the requirements laid down in the Directorate General of Health
Services Manual.

(3) It shall be the responsibility of the licensee to ensure through maintenance of records

and other latest techniques used in blood banking system that the personnel involved
in blood banking activities for collection, storage, testing and distribution are
adequately trained in the current Good Manufacturing Practices/Standard Operating
Procedures for the tasks undertaken by each personnel. The personnel shall be made
aware of the principles of Good Manufacturing Practices / Standard Operating
Procedures that affect them and receive initial and continuing training relevant to their
needs.

D. MAINTENANCE

The premises shall be maintained in a clean and proper manner to ensure adequate cleaning

and maintenance of proper operations. The facilities shall include:-

(1) Privacy and thorough examination of individuals to determine their suitability as
donors.

(2) Collection of blood from donors with minimal risk of contamination of exposure to
activities and equipment unrelated to blood collection.

 

(3) Storage of blood or blood components pending completion of tests.

(4) Provision for quarantine, storage of blood and blood components in a designated
location, pending repetition of those tests that initially give questionable serological
results.

(5) Provision for quarantine, storage, handling and disposal of products and reagents not

suitable for use.

(6) Storage of finished products prior to distribution or issue.

(7) Proper collection, processing, compatibility testing, storage and distribution of blood
and blood components to prevent contamination.

(8) Adequate and proper performance of all procedures relating to plasmapheresis,

plateletpheresis and leucapheresis.

(9) Proper conduct of all packaging, labelling and other finishing operations.

(10) Provision for safe and sanitary disposal of –

(i) Blood and/or blood components not suitable for use, distribution or sale.

(ii) Trash and items used during the collection, processing and compatibility
testing of blood and / or blood components.

*Note : 2nd Amendment Rules, 1999 (w.e.f. 5-4-1999)

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E. EQUIPMENT

Equipment used in the collection, processing, testing, storage and sale/distribution of
blood and its components shall be maintained in a clean and proper manner and so
placed as to facilitate cleaning and maintenance. The equipment shall be observed,
standardized and calibrated on a regularly scheduled basis as described in the
Standard Operating Procedures Manual and shall operate in the manner for which it
was designed so as to ensure compliance with the official requirements (the
equipments) as stated below for blood and its components.

Equipment that shall be observed, standardized and calibrated with at least the following

frequencies:

EQUIPMENT PERFORMANCE FREQUENCY FREQUENCY
OF

CALIBRATION

1. Temperature Compare against Daily As often as
Recorder thermometer necessary

2 Refrigerated centrifuge Observe speed Each day As often as
and of use necessary

temperature

3 Hematocrit centrifuge – – Standardise
before initial
use, after repair
or adjustments

and annually.

4, General lab. – – Tachometer,

Centrifuge every 6 months.

5. Automated Blood Observe controls for Each day –
typing correct results of use

 

6. Haemoglobinometer Standardize against −ditto− –
cyanamethemoglob
ulin standard

 

7. Refractiometer or Standardize against − ditto − –
Urinometer distilled water

 

8. Blood container Standardize against − ditto – As often as
weighing device container of known necessary

weight.

9 Water Bath Observe temperature − ditto − −ditto−

10 Rh view box –ditto– − ditto − − ditto−
(wherever
necessary)

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11 Autoclave Observe temperature Each day As often as

of use necessary

12 Serologic rotators Observe controls for — ditto– Speed as often
correct results as necessary.

 

13 Laboratory – – Before initial
thermometers use

 

14 Electronic thermometers – Monthly –
15 Blood agitator Observe weight of the Each day of use Standardize with

first container of blood container of
filled for correct results known mass or

value before
initial use, and
after repairs or
adjustments.

F. SUPPLIES AND REAGENTS:

All supplies and reagents used in the collection, processing, compatibility, testing, storage
and distribution of blood and blood components shall be stored at proper temperature in a
safe and hygienic place, in a proper manner and in particular:–

(a) all supplies coming in contact with blood and blood components intended for
transfusion shall be sterile, pyrogen-free, and shall not interact with the product in
such a manner as to have an adverse effect upon the safety, purity, potency or
effectiveness of the product.

(b) supplies and reagents that do not bear an expiry date shall be stored in a manner that
the oldest is used first.

(c) supplies and reagents shall be used in a manner consistent with instructions provided
by the manufacturer.

(d) all final containers and closures for blood and blood components not intended for

transfusion shall be clean and free of surface solids and other contaminants.

(e) each blood collecting container and its satellite container(s), if any, shall be
examined visually for damage or evidence of contamination prior to its use and
immediately after filling. Such examination shall include inspection for breakage of
seals, when indicated, and abnormal discoloration. Where any defect is observed,
the container shall not be used or, if detected after filling, shall be properly
discarded.

(f) representative samples of each lot of the following reagents and/or solutions shall be
tested regularly on a scheduled basis by methods described in the Standard
Operating Procedures Manual to determine their capacity to perform as required,

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Reagents and solutions Frequency of testing alongwith controls
Anti-human serum Each day of use
Blood grouping serums Each day of use
Lectin Each day of use
Antibody screening and reverse Each day of use
grouping cells
Hepatitis test reagents Each run
Syphilis serology reagents Each run
Enzymes Each day of use
HIV I and II reagents Each run
Normal saline (LISS and PBS) Each day of use

Bovine Albumin Each day of use.

G. GOOD MANUFACTURING PRACTICES (GMPs) /STANDARD OPERATING
PROCEDURES (SOPs):

Written Standard Operating Procedures shall be maintained and shall include all steps

to be followed in the collection, processing, compatibility testing, storage and sale or
distribution of blood and/or preparation of blood components for homologous transfusion,
autologous transfusion and further manufacturing purposes. Such procedures shall be
available to the personnel for use in the concerned areas. The Standard Operating Procedures
shall inter alia include:

1. (a) criteria used to determine donor suitability.

(b) methods of performing donor qualifying tests and measurements including minimum
and maximum values for a test or procedure, when a factor in determining

acceptability;

(c) solutions and methods used to prepare the site of phlebotomy so as to give maximum
assurance of a sterile container of blood;

(d) method of accurately relating the product (s) to the donor;

(e) blood collection procedure, including in-process precautions taken to measure
accurately the quality of blood drawn from the donor;

(f) methods of component preparation, including any time restrictions for specific steps
in processing;

(g) all tests and repeat tests performed on blood and blood components during
processing;

(h) pre-transfusion testing, wherever applicable, including precautions to be taken to
identify accurately the recipient blood components during processing;

 

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(i) procedures of managing adverse reactions in donor and recipient reactions:

(j) storage temperatures and methods of controlling storage temperatures for blood and

its components and reagents;

(k) length of expiry dates, if any assigned for all final products;

(l) criteria for determining whether returned blood is suitable for re-issue;

 

(m) procedures used for relating a unit of blood or blood component from the donor to
its final disposal;

(n) quality control procedures for supplies and reagents employed in blood

collection, processing and re-transfusion testing;

(o) schedules and procedures for equipment maintenance and calibration;

(p) labelling procedures to safeguard its mix-ups, receipt, issue, rejected and in-hand;

(q) procedures of plasmapheresis, plateletphersis and leucapheresis if performed, including

precautions to be taken to ensure re-infusion of donor‘s own cells;

(r) procedures for preparing recovered (salvaged) plasma if performed, including details of
separation, pooling, labelling, storage and distribution;

(s) all records pertinent to the lot or unit maintained pursuant to these regulations shall be

reviewed before the release or distribution of a lot or unit of final product. The review or
portions of the review may be performed at appropriate periods during or after blood
collection, processing, testing and storage. A thorough investigation, including the
conclusions and follow-up, of any unexplained discrepancy or the failure of a lot or unit
to meet any of its specification shall be made and recorded.

(2) A licensee may utilise current Standard Operating Procedures, such as the Manuals of

the following organizations, so long as such specific procedures are consistent with, and
at least as stringent as, the requirements contained in this Part, namely :-

(i) Directorate General of Health Services Manual.

(ii) Other Organisations or individual blood bank‘s manuals, subject to the

approval of State Licensing Authority and Central Licence Approving Authority.

H. CRITERIA FOR BLOOD DONATION:

Conditions for donation of blood:

(1) General – No person shall donate blood and no blood bank shall draw
blood from a person, more than once in three months. The donor shall be in good
health, mentally alert and physically fit and shall not be inmates of jail, persons having
multiple sex partners and drug-addicts. The donors shall fulfil the following
requirements, namely: –

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1
[(a) the donor shall be in the age group of 18 to 65 years;]

(b) the donor shall not be less than 45 kilograms;

( c) temperature and pulse of the donor shall be normal;

(d ) the systolic and diastolic blood pressure are within normal limits without
medication;

(e) haemoglobin which shall not be less than 12.5 grams;

(f) the donor shall be free from acute respiratory diseases;

(g) the donor shall be free from any skin diseases at the site of phlebotomy;

(h) the donor shall be free from any disease transmissible by blood transfusion,

insofar as can be determined by history and examination indicated above;
(i) the arms and forearms of the donor shall be free from skin punctures or scars

indicative of professional blood donors or addiction of self injected
narcotics.

(2) Additional qualifications of donor – No person shall donate blood, and no

blood bank shall draw blood from a donor, in the conditions mentioned in column (1)
of the Table given below before the expiry of the period of deferment mentioned in the
column (2) of the said Table.

 

Table: Deferment of blood donation

CONDITIONS PERIOD OF DEFERMENT
(1) (2)_

(a) Abortions 6 months
(b) History of Blood transfusion 6 months
(c) Surgery 12 months

(d) Typhoid 12 months after recovery

(e) History of Malaria and duly 2 months (endemic)

treated 3 years (non endemic area)
(f) Tattoo 6 months
(h) Breast feeding 12 months after delivery

 

(i) Immunization (Cholera, 15 days

Typhoid, Diphtheria, Tetanus,
Plague, Gammaglobulin)
(j) Rabies vaccination 1 year after vaccination

(k) History of Hepatitis in 12 months
family or close contact

(l) Immunoglobulin 12 months

(3) No person shall donate blood and no blood bank shall draw blood from a person,

suffering from any of the diseases mentioned below, namely:–

(a) Cancer
(b) Heart disease

1. Subs. By G.S.R 101 (E), dt:18-2-2011

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(c) Abnormal bleeding tendencies
(d) Unexplained weight loss
(e) Diabetes-controlled on insulin

1
[(f) Hepatitis infection]
(g) Chronic nephritis
(h) Signs and symptoms, suggestive of AIDS
(i ) Liver diseases
(j) Tuberculosis
(k) Polycythemia Vera.
(l) Asthma
(m) Epilepsy
(n) Leprosy
(o) Schizophrenia
(p) Endocrine disorders

I. GENERAL EQUIPMENTS AND INSTRUMENTS.

1. For blood collection room:

(i) Donor beds, chairs and tables: These shall be suitably and comfortably
cushioned and shall be of appropriate size.

(ii) Bedside table
(iii) Sphygmomanometer and stethoscope
(iv) Recovery beds for donors.
(v) Refrigerators, for storing separately tested and untested blood,

maintaining temperature between 2 to 6 degree centigrade with digital
dial thermometer, recording thermograph and alarm device, with
provision for continuous power supply.

(vi) Weighing devices for donor and blood containers.

2. For haemoglobin determination:

(i) Copper sulphate solution (specific gravity 1.053)
(ii) Sterile lancet and impregnated alcohol swabs.
(iii) Capillary tube (1.3 x 1.4 x 96 mm for Pasteur pipettes)
(iv) Rubber bulbs for capillary tubings.
(v) Sahli‘s haemoglobinometer / Colorimetric method.

3. For temperature and pulse determination.

(i) Clinical thermometers
(ii) Watch (fitted with a second-hand) and a stop-watch.

4. For blood containers:

 

(a) Only disposable PVC blood bags shall be used (closed system) as per
specifications of IP/USP/BP.

(b) Anti-coagulants: The anti-coagulant solution shall be sterile, pyrogen-free

and of the following composition that will ensure satisfactory safety and
efficacy of the whole blood and/or for all the separate blood components.

(i) Citrate Phosphate Dextrose Adenine solution (CPDA) or Citrate Phosphate

Dextrose Adenine – 1 (CPDA-1) – 14 ml solution shall be required for

1. Subs. by G.S.R. No. 40(E), dated 29-01-2001.

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100 ml of blood.

Note 1.- (i) In case of single/double/triple/quadruple blood collection bags used for

blood component preparations, CPDA blood collection bags may be used.
(ii) Acid Citrate Dextrose solution (A.C.D. with Formula-A) I.P. – 15 ml solution

shall be required for 100 ml of blood,
(iii) Additive solutions such as SAGM, ADSOL, NUTRICEL may be used for

storing and retaining Red Blood Corpuscles up to 42 days.

Note 2.- The licensee shall ensure that the anti-coagulant solutions are of a licensed
manufacturer and the blood bags in which the said solutions are contained have
a certificate of analysis of the said manufacturer.

 

5. Emergency equipments/items:

(i) Oxygen cylinder with mask, gauge and pressure regulator.
(ii) 5 per cent Glucose or Normal Saline.
(iii) Disposable sterile syringes and needles of various sizes.

(iv) Disposable sterile I.V. infusion sets.
(v) Ampoules of Adrenaline, Noradrenaline, Mephentin, Betamethasone or

Dexamethasone, Metoclorpropamide injections.
(vi) Aspirin.

6. Accessories:

(i) Such as blankets, emesis basins, haemostats, set clamps, sponge forceps, gauze,

dressing jars, solution jars, waste cans.
(ii) Medium cotton balls, 1.25 cm adhesive tapes.
(iii) Denatured spirit, Tincture Iodine, green soap or liquid soap.
(iv) Paper napkins or towels.
(v) Autoclave with temperature and pressure indicator.
(vi) Incinerator
(vii) Stand-by generator

7. Laboratory equipment:

(i) Refrigerators, for storing diagnostic kits and reagents, maintaining a temperature

between 4 to 6 degree centigrade (plus/minus 2 degrees centigrade) with digital
dial thermometer having provision for continuous power supply.

(ii) Compound Microscope with low and high power objectives.

(iii) Centrifuge Table Model.

(iv) Water bath: having range between 37 degree centigrade to 56 degree centigrade.

(v) Rh viewing box in case of slide technique.

(vi) Incubator with thermostatic control.

(vii) Mechanical shakers for serological tests for Syphilis.

(viii) Hand-lens for observing tests conducted in tubes.

(ix) Serological graduated pipettes of various sizes.

(x) Pipettes (Pasteur).

(xi) Glass slides.

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(xii) Test tubes of various sizes / micrometer plates (U or V type).

(xiii) Precipitating tubes 6mm x 50mm of different sizes and glass beakers of different
sizes.

(xiv) Test tube racks of different specifications.
(xv) Interval timer electric or spring wound.
(xvi) Equipment and materials for cleaning glass wares adequately.
(xvii) Insulated containers for transporting blood, between 2 degree centigrade to 10

degree centigrade temperatures, to wards and hospitals.

(xviii) Wash bottles.
(xix) Filter papers.
(xx) Dielectric tube sealer.
(xxi) Plain and EDTA vials.
(xxii) Chemical balance (wherever necessary).
(xxiii) ELISA reader with printer, washer and micropipettes.

 

J. SPECIAL REAGENTS :

(1) Standard blood grouping sera Anti A, Anti B and Anti D with known controls.
Rh typing sera shall be in double quantity and each of different brand or if
from the same supplier each supply shall be of different lot numbers.

(2) Reagents for serological tests for syphilis and positive sera for controls.
(3) Anti Human Globulin Serum (Coomb‘s serum).

(4) Bovine Albumin 22 percent Enzyme reagents for incomplete antibodies.
1
[(5) ELISA or RPHA test kits for Hepatitis and HIV I & II.

(6) Detergent and other agents for cleaning laboratory glass wares.

K. TESTING OF WHOLE BLOOD :

(1) It shall be responsibility of the licensee to ensure that the whole blood
collected, processed and supplied conforms to the standards laid down in
the Indian Pharmacopoeia and other tests published, if any,
by the Government.

(2) Freedom from HIV antibodies (AIDS) Tests. – Every licensee shall get

samples of every blood unit tested, before use, for freedom from HIV 1 and
HIV II antibodies either from laboratories specified for the purpose by the
Central Government or in his own laboratory. The results of such testing
shall be recorded on the label of the container.

2

(3) Each blood unit shall also be tested for freedom from [(Hepatitis B
surface antigen and Hepatitis C Virus antibody)] VDRL and malarial
parasite and results of such testing shall be recorded on the label
of the container.

 

NOTES (a) Blood samples of donors in pilot tube and the blood samples of the
Recipient shall be preserved for 7 days after issue.

(b) The blood intended for transfusion shall not be frozen at any stage.

(c) Blood containers shall not come directly in contact with ice at any stage.

1. Subs. By G.S.R. 733(E) dated 21-12-2005
2. Subs. by G.S.R. 40(E) dated 29-01-2001

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L RECORDS :

The records which the licensee is required to maintain shall include inter alia the
following particulars, namely:

(1) Blood donor record: It shall indicate serial number, date of bleeding, name,

address and signature of donor with other particulars of age, weight,
haemoglobin, blood grouping, blood pressure, medical examination, bag
number and patient‘s detail for whom donated in case of replacement
donation, category of donation (voluntary / replacement) and deferral
records and signature of Medical Officer In-charge.

 

(2) Master records for blood and its components: It shall indicate bag serial
number, date of collection, date of expiry, quantity in ml. ABO/Rh Group,
results for testing of HIV I and HIV II antibodies, Malaria, V.D.R.L.
1
[(Hepatitis B surface antigen and Hepatitis C Virus antibody)] and

irregular antibodies (if any), name and address of the donor with
particulars, utilization issue number, components prepared or discarded
and signature of the Medical Officer in charge.

 

(3) Issue Register: It shall indicate serial number, date and time of issue bag
serial number, ABO/RH Group, total quantity in ml, name and address of
the recipient, group of recipient, unit/institution, details of cros-matching
report, indication for transfusion.

 

(4 ) Records of components supplied: Quantity supplied; compatibility report,
details of recipient and signature of issuing person.

 

(5) Records of ACD/CPD/CPD-A/SAGM bags giving details of manufacturer,
batch number, date of supply, and results of testing.

 

(6) Register for diagnostic kits and reagents used: name of the
kits/reagents, details of batch number, date of expiry and date of use.

(7) Blood bank must issue the cross matching report of the blood to the
patient together with the blood unit.

(8) Transfusion adverse reaction records.

(9) Records of purchase, use and stock in hand of disposable needles,
syringes, blood bags, shall be maintained.

NOTE : The above records shall be kept by the licensee for a period of five

years.

M. LABELS :

The labels on every bag containing blood and/or component shall contain the
following particulars, namely;

 

(1) The proper name of the product in a prominent place and in bold letters on the bag.

(2) Name and address of the blood bank

(3) Licence number

1 Subs. by G.S.R. 40(E), dt. 29.1.2001 (w.e.f. 1.6.2001).

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(4) Serial number

(5) The date on which the blood is drawn and the date of expiry as prescribed under

Schedule P to these rules.

(6) A colored label shall be put on every bag containing blood. The following color
scheme for the said labels shall be used for different groups of blood:

Blood Group Colour of the label

O Blue
A Yellow
B Pink

AB White

1
(7) The results of the tests for [(Hepatitis B surface antigen and Hepatitis C Virus

antibody)] syphilis, freedom from HIV I and HIV II antibodies and malarial
parasite.

(8) The Rh. Group.

(9) Total volume of blood, the preparation of blood, nature and percentage of anti-

coagulant.

(10) Keep continuously temperature at 2 degree centigrade to 6 degree centigrade for
whole human blood and/or components as contained under III of Part XII B.

(11) Disposable transfusion sets with filter shall be used in administration equipment.

(12) Appropriate compatible cross-matched blood without atypical antibody in
recipient shall be used.

(13) The contents of the bag shall not be used if there is any visible evidence of

deterioration like haemolysis, clotting or discoloration.

(14) The label shall indicate the appropriate donor classification like ―Voluntary
Donor‖ or ―Replacement Donor‖ in no less prominence than the proper name.

NOTES :

1. In the case of blood components, particulars of the blood from which such

components have been prepared shall be given against item numbers (5), (7), (8),
(9) and (14).

2. The blood and/or its components shall be distributed on the prescription of a

Registered Medical Practitioner.

II. BLOOD DONATION CAMPS.

A blood donation camp may be organized by –

1. Subs. by G.S.R 40(E), dt. 29.1.2001.

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(a) a licensed designated Regional Blood Transfusion Centre ; or

(b) a licensed Government blood bank; or

(c) the Indian Red Cross society; or

NOTES:
(i) ― Designated Regional Blood Transfusion Centre‖ shall be a center approved

and designated by a Blood Transfusion Council constituted by a State Government
to collect, process and distribute blood and its components to cater to the needs of
the region and that center has also been licensed and approved by the
Licensing Authority and Central Licence Approving Authority for the purpose.

(ii) The designated Regional Blood Transfusion Centre, Government blood bank and

Indian Red Cross Society shall intimate within a period of seven days, the venue
where the blood camp was held and details of group wise blood units collected in
the said camp to the Licensing Authority and Central Licence Approving Authority.

For holding a blood donation camp, the following requirements shall

be fulfilled/complied with, namely: –

(A) Premises, personnel etc.

(a) Premises under the blood donation camp shall have sufficient area and
the location shall be hygienic so as to allow proper operation, maintenance
and cleaning.

(b) All information regarding the personnel working, equipment used and

facilities available at such a Camp shall be well documented and made
available for inspection, if required, and ensuring –

(i) Continuous and uninterrupted electrical supply for equipment used in the

Camp;
(ii) Adequate lighting for all the required activities;
(iii) Hand-washing facilities for staff;
(iv) Reliable communication system to the central office of the

Controller/ Organizer of the Camp;
(v) Furniture and equipment arranged within the available space;
(vi) Refreshment facilities for donors and staff;
(vii) Facilities for medical examination of the donors;
(viii) Proper disposal of waste.

(B) Personnel for Out-door Blood Donation Camp:

To collect blood from 50 to 70 donors in about 3 hours or from 100 to

200 donors in 5 hours, the following requirements shall be fulfilled / complied with:

(i) one Medical Officer and two nurses or phlebotomists for
managing 6-8 donor tables;

(ii) two medico social workers;
(iii) three blood bank technicians;
(iv) two attendants;

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(v) vehicle having a capacity to seat 8-10 persons, with provision for
carriage of donation goods including facilities to conduct a blood
donation camp;

(C) Equipments :

1. BP apparatus.
2. Stethoscope.
3. Blood bags (single, double, triple, quadruple).
4. Donor questionnaire.
5. Weighing device for donors.
6. Weighing device for blood bags.
7. Artery forceps, scissors.
8. Stripper for blood tubing.
9. Bed sheets, blankets/mattress.
10. Lancets, swab stick/tooth picks.
11. Glass slides.
12. Portable Hb meter/copper sulphate.

 

13. Test tube (big) and 12x100mm (small).

14. Test tube stand.

15. Anti-A, Anti-B and Anti-AB, Antisera and Anti-D.

16. Test tube sealer film.

17. Medicated adhesive tape.

18. Plastic waste basket.

19. Donor cards and refreshment for donors.

20 Emergency medical kit.

21 Insulated blood bag containers with provisions for storing between 2
degree centigrade to 10 degree centigrade.

22. Dielectric sealer or portable tube sealer.

23. Needle destroyer (wherever necessary).

III. PROCESSING OF BLOOD COMPONENTS FROM WHOLE BLOOD BY A BLOOD

BANK

The Blood components shall be prepared by blood banks as a part of the
Blood Bank services. The conditions for grant or renewal of licence to prepare blood
components shall be as follows: –

A. ACCOMMODATION:

(1) Rooms with adequate area and other specification, for preparing blood
components depending on quantum of workload shall be as specified in item
B under the heading ―1. BLOOD BANKS/BLOOD COMPONENTS‘ of this
Part.

(2) Preparation of Blood components shall be carried out only under closed
system using single double, triple or quadruple plastic ba