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IMPORT OR MANUFACTURE OF NEW DRUG FOR CLINICAL TRIALS OR MARKETING 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 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 further 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 such information and data as required by Appendix 1 or Appendix 1 A of Schedule Y, as the case may be.” ; (2) The importer of a new drug when applying for permission under sub-rule (1), shall submit data as given in Appendix 1 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

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IMPORT OR MANUFACTURE OF NEW DRUG FOR CLINICAL TRIALS OR MARKETING

 

 

 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 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 further 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 such information and data as required by Appendix 1 or Appendix 1 A of Schedule Y, as the case may be.” ; (2) The importer of a new drug when applying for permission under sub-rule (1), shall submit data as given in Appendix 1 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.

 (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: 

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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.”

 122-B. Application for approval to manufacture New Drug other than the drugs classifiable under Schedules C and C(1)  

(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.(b) An application for 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 new claims, is made, the fee to accompany such subsequent application shall be fifteen thousand rupees:

 Provided further 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 rupees and such information and data as required by Appendix I or Appendix I A 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 licensing authority mentioned in the said sub-rule, shall submit data as given in Appendix I to Schedule Y including the results of clinical trials carried out in the country in accordance with the guidelines specified in Schedule Y and submit the report of such clinical trials in the format given in Appendix II to the said Schedule. (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 46 A, 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 of 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 already been approved by the licensing authority mentioned in Rule 21:

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 Provided that the requirement of submitting the result 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. 

Rule 122C has been omitted.

 

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.

 (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;

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(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 of clinical trials by the applicant. Provided further that no fee shall be required to be paid alongwith 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 45A 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: 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 being. 

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, may pass such order in relation thereto as it thinks fit.” 

122-E. Definition of new drug  

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For the purpose of this Part, ‘new drug’ shall mean and include- 

(a) (a)   a new substance of chemical, biological or biotechnological origin; in bulk or prepared dosage form; used for prevention, diagnosis, or treatment of disease in man or animal; which, except during local clinical trials, has not been used in the country to any significant extent; and which, except during local clinical trials, has not been recognized in the country as effective and safe for the proposed claim;

(b) (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 forms (including sustained release dosage form) and route of administration;

(c) (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 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-(i) (i)                 all vaccines shall be new drugs unless certified otherwise by the

licensing authority under Rule 21;(ii) (ii)               a new drug shall continue to be considered as new drug for a

period of four years from the date of its first approval or its inclusion in the Indian Pharmacopoeia, whichever is earlier.

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 ‘Form 44

(See rules 122 A, 122 B, 122 D, 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) (1)  Name of the drug:(2) (2)  Dosage Form:(3) (3)  Composition of the formulation:(4) (4)  Test specification:

(i) (i) active ingredients:(ii) (ii) inactive ingredients:

(5) (5)  Pharmacological classification of the drug:(6) (6)  Indications for which proposed to be used:(7) (7)  Manufacturer of the raw material (bulk drug substances):(8) (8)  Patent status of the drug:

 2. Data submitted along with the application (as per Schedule Y with indexing and

page nos.) A. Permission to market a new drug :-

(1) (1)  Chemical and Pharmaceutical information(2) (2)  Animal Pharmacology(3) (3)  Animal Toxicology(4) (4)  Human/Clinical Pharmacology (Phase I)(5) (5)  Exploratory Clinical Trials (Phase II)(6) (6)  Confirmatory Clinical Trials (Phase III) (including published review

articles)(7) (7)  Bio-availability, dissolution and stability study Data(8) (8)  Regulatory status in other countries(9) (9)  Marketing information:

(a) (a)   Proposed product monograph(b) (b)   Drafts of labels and cartons

(10) Application for test license B. Subsequent approval / permission for manufacture of already approved new drug:(a) Formulation:

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(1) (1)   Bio-availability/ bio-equivalence protocol(2) (2)   Name of the investigator/center(3) (3)   Source of raw material (bulk drug substances) and stability study

data. 

(b) Raw material (bulk drug substances)(1) (1)   Manufacturing method(2) (2)   Quality control parameters and/or analytical specification,

stability report.(3) (3)   Animal toxicity data

C. Approval / Permission for fixed dose combination:(1) (1)   Therapeutic Justification

(authentic literature in pre-reviewed journals/text books)(2) (2)   Data on pharmacokinetics/pharmacodynamics combination(3) (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) (1)   Number and date of Approval/permission already granted.(2) (2)   Therapeutic Justification for new claim / modified dosage form.(3) (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.

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 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) (1)   Name of the New Drug:(2) (2)   Dosage form:(3) (3)   Composition:(4) (4)   Indications:

 Dated ……………… Signature __________________

Name and Designation of the Licensing Authority

 

  

Conditions for Grant of Approval / Permission 

(1) (1)   The formulation shall conform to the specifications approved by the Licensing Authority.

(2) (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) (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 is prescription drug.

(4) (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.”

(5) (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.

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(6) (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) (7)   No claims except those mentioned above shall be made for the drug without the prior approval of the Licensing Authority.

(8) (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.

(9) (9)   Each consignment of imported drug shall be accompanied by a test/analysis report.

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 FORM 45 A

(See rules 122 A and 122 DA) 

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 / 122 DA of the Drugs and Cosmetics Rules, 1945, namely:- 

Name of the raw material (new bulk drug substances):(1) (1)   ___________________(2) (2)   ___________________(3) (3)   ___________________

  Dated _____________ Signature __________________

Name and Designation of the Licensing Authority

    

Conditions for Grant of Approval / Permission 

(1) (1)   The raw material (new bulk drug substance) shall conform to the test specifications as approved by the Licensing Authority.

(2) (2)   For manufacture of raw material (new bulk drug substance) or its formulations in the country, separate approval under 122-B shall be obtained from the Licensing Authority.

(3) (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.”

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 FORM 46

(See rules 122 B, 122 D and 122 DA)Permission/Approval for manufacture of a 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 122 B / 122 D / 122 DA of the Drugs and Cosmetics Rules, 1945, namely:-

(1) (1)   Name of the formulation:(2) (2)   Dosage form:(3) (3)   Composition:(4) (4)   Indications:

  Dated ……………… Signature ………………………………………..

Name and designation of Licensing Authority  

Conditions for Grant of Approval / Permission 

(1) (1)   The formulation shall conform to the specifications approved by the Licensing Authority.

(2) (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) (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 is prescription drug.

(4) (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.”

(5) (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) (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.

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(7) (7)   No claims except those mentioned above shall be made for the drug without the prior approval of the Licensing Authority.

(8) (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.

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 FORM 46 A

(See rules 122 B and 122 DA)  

Number of the permission and date of issue _____________________________ 

Permission / Approval for manufacture of raw material (new bulk drug substance) 

M/s. __________________________________________________________ of ______________________________________________________ (address) is hereby granted Permission / Approval to manufacture the following raw material (new bulk drug substance) under rule 122 B / 122 DA of the Drugs and Cosmetics Rules, 1945: 

Name of the raw material (new bulk drug substance):(1) (1)   ___________________(2) (2)   ___________________(3) (3)   __________________

  Dated ……………… Signature ……………………………

Name and Designation of the Licensing Authority …………………

   

Conditions for Grant of Permission / Approval 

(1) (1)  The raw material (new bulk drug substance) shall conform to the specifications approved by the Licensing Authority.

(2) (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) (3) For manufacture of the formulation in the country, separate approval under rule 122-B shall be obtained from the Licensing Authority.

  

Form 12

[See Rule 34]

Application for licence to import drugs for

purpose of examination, test or analysis

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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.

A fee of rupees of fifteen has been credited to the Government under the Head of Account

“0210- Medical & Public Health, 04-Public Health, 104-Fees & Fines†under the�

Drugs & Cosmetics Rules, 1945-Central vide treasury receipt attached.

Names of drugs and classes of drugs

  Quantities

Date: __________________                         Signature:

______________

Form 12-A

[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.

Names of drugs

Quantities

Date_______________

Signature_____________

FORM 12-AA

(See rule 34A)

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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 drug to be imported: -

Names of drug Quantity which may be imported

   

   

   

   

   

Place: __________________

Date: __________________

Signature ____________________________

Name_______________________________

Seal/Stamp___________________________

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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.

SIGNATURE ______________________

Medical Superintendent of the Government Hospital/Head of

Autonomous Medical Institution

 

Seal/Stamp;

Place: _____________

Date: _____________Form 12-B

[See Rule 36, Second Proviso]

Permit for the import of small quantities of drugs for personal use.

1. __________________________________ 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 & Cosmetics Act,

1940.

3. This permit shall, unless previously suspended or revoked, be in force for a period of six months

from the date specified below.

Names of drugs Quantities

which may be imported

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Date________________ Licensing Authority.

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 throughM/s_______________________________________________ (name and full address _____________________________________________ valid upto _________________.

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 ____________ (attachedin original ).

Signature ______________________Name _________________________

Designation _____________________ Seal/Stamp of Manufacturer's agent in India

Place: ______________ Date: ______________ " delete whichever is not applicable;'

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FORM 8-A (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. 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 upto _________________.

* 5. I/we _______________________________________________ hold a valid wholesale licence for sale or distribution of drugs 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.'  

FORM 9 (See Rule 24)

Form of undertaking to accompany an application for an import licence

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Whereas _______________ of ______________ intends to apply for a licence under the Drugs & Cosmetics Rules, 1945, for the import into India, of the drugs specified below manufactured by us, we ________________ of _______________ hereby give the undertaking that for the duration of the said licence: (1) the said applicant shall be our agent for the import of drugs into India;

(2) we shall comply with the conditions imposed on a licence by Rules 74 and 78 of the Drugs & 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 & 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 & Cosmetics Act, 1940, and the Drugs & 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 drugsParticulars of premises where manufacture is carried on. Date____________

Signed by or on behalf of the manufacturer

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 _______________

____________________________ _________________________________ (Name and full address of the importer) is hereby licensed to import into India during the period for which this 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

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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 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 alongwith the registration holder and his authorised agent.

4. The licencee 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";

'FORM 10-A (See rules 23 and 27)

Licence to import drugs specified in Schedule X to the Drugs and Cosmetic Rules, 1945

Licence Number ______________ Date ______________

_____________________________________________________________ (Name and full address of the importer) is hereby licenced to import into India during the period for which this 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.

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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 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 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 alongwith the registration holder and his authorised agent. 4. The licencee 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";