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Core Purpose

This notification publishes the draft of certain rules to amend the Medical Device Rules, 2017, proposed by the Central Government under the Drugs and Cosmetics Act, 1940, for public consideration.

Detailed Summary

The Ministry of Health and Family Welfare (Department of Health and Family Welfare) issued Notification G.S.R. 883(E) on December 4, 2025, publishing draft rules, titled the Medical Devices (......Amendment) Rules, 2024, to amend the Medical Device Rules, 2017. These draft rules are proposed by the Central Government in exercise of powers conferred by Sub-section (1) of section 12 and Sub-section (1) of section 33 of the Drugs and Cosmetics Act, 1940 (23 of 1940), after consultation with the Drugs Technical Advisory Board. The public is given thirty days from the date of the Gazette's availability to submit objections and suggestions to the Under Secretary (Drugs), Ministry of Health and Family Welfare, Government of India, Room No. 437, C Wing, Nirman Bhavan, New Delhi - 110011 or via email at drugsdiv-mohfw@gov.in. Key amendments include inserting "or 'Registration number' or 'Reg. No.' in case of Class A (Non-Sterile and Non-Measuring) Medical Devices" in rule 44 (clauses m and n) and rule 45 (clause e and first proviso) of the Medical Devices Rules, 2017. The phrase "AND NOTIFIED BODY" is to be omitted from the heading of Chapter IX. A new sub-rule (xi) will be inserted in rule 85, requiring registration certificate holders to furnish test reports in Form MD-44. Rule 85(ix) will be amended to specify "in Form MD-11" for inspection books. The Second Schedule, Sr no. 39(h), will be substituted to specify "One overseas site manufacturing Class C or Class D in vitro diagnostic medical device." The Fifth Schedule, clause 2 Applicability, will be substituted to cover manufacturers of Medical devices including In-vitro diagnostic medical devices, and Annexure 'A' will be updated regarding environmental requirements for other medical devices. Furthermore, several forms (MD-2, MD-5, MD-6, MD-9, MD-10, MD-15) in the Appendix will be amended to state that registration/licence shall remain valid in perpetuity, subject to a retention fee. Form MD-11 will see multiple amendments, including adding reference to sub-rule (ix) of rule 85, references to 'Registration holder' and 'Registration number', and changes to stamping and signing requirements. Forms MD-34, MD-35, MD-36, MD-37, and MD-38 will also undergo specific textual and table insertions/omissions. A new Form MD-44, for 'Report of Test or Evaluation by registered Medical Device Testing Laboratory', is introduced after Form MD-43, as per sub-rule (xi) of rule 85. The principal Medical Devices Rules, 2017, were published vide notification G.S.R. 78(E), dated 31st January, 2017.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-13122025-268478 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY NEW DELHI, THURSDAY, DECEMBER 4, 2025/AGRAHAYANA 13, 1947 8160 GI/2025 (1) MINISTRY OF HEALTH AND FAMILY WELFARE (Department of Health and Family Welfare) NOTIFICATION New Delhi the 4th December, 2025 G.S.R. 883(E). -The following draft of certain rules to amend Medical Device Rules, 2017, which the Central Government proposes to make, in exercise of the powers conferred by Sub-section (1) of section 12 and Sub- section (1) of section 33 of the Drugs and Cosmetics Act, 1940 (23 of 1940), is hereby published after consultation with the Drugs Technical Advisory Board for information of all persons likely to be affected thereby and notice is hereby given that the said draft rules shall be taken into consideration on or after the expiry of a period of thirty days from the date on which copies of the Gazette of India containing these draft rules are made available to public; Objections and suggestions which may be received from any person within the period specified above will be considered by the Central Government; Objections and suggestions, if any, may be addressed to the Under Secretary (Drugs), Ministry of Health and Family Welfare, Government of India, Room No. 437, C Wing, Nirman Bhavan, New Delhi - 110011 or emailed at drugsdiv-mohfw@gov.in. DRAFT RULES 1. (i) These rules may be called the Medical Devices (......Amendment) Rules, 2024. (ii) These rules shall, unless specified otherwise, come into force on the date of their final publication in the Official Gazette. 2. In the Medical Devices Rules, 2017 (hereinafter referred to as said rules), In the said rules, in rule 44, clause (m), after the word or "M. L"; the word "or "Registration number” or “Reg. No." in case of Class A (Non-Sterile and Non-Measuring) Medical Devices” shall be inserted. 3. In the said rules, in rule 44, clause (n), after the word "import licence number", the word "or "Registration number" or "Reg. No." in case of Class A (Non-Sterile and Non-Measuring) Medical Devices" shall be inserted. 4. In the said rules, in rule 45, clause (e) after the word “Lic. No.”; the word "or "Registration number" or "Reg. No." in case of Class A (Non-Sterile and Non-Measuring) Medical Devices” shall be inserted. 5. In the said rules, in rule 45, in first proviso, after the word “manufacturing licence number" the word "or Registration number in case of Class A (Non-Sterile and Non-Measuring) Medical Devices" shall be inserted. 6. In the said rules, in Chapter IX, in heading, the word "AND NOTIFIED BODY" shall be omitted. 7. In the said rules, in rule 85, after sub-rule (x), the following rule shall be inserted, namely: "(xi) The person holding registration certificate shall furnish reports of the results of tests or evaluation of a medical device in Form MD-44.", 8. In the said rules, in rule 85, in sub rule (ix), after the words "inspection book", the words “in Form MD-11" shall be inserted. 9. In the said rules, in Second Schedule, at Sr no. 39(h), the following shall be substituted, namely: "(h) One overseas site manufacturing Class C or Class D in vitro diagnostic medical device” 10. In the said rules, in Fifth Schedule, under the clause 2 Applicability may be substituted as under: "The provisions of this Schedule shall be applicable to manufacturers of Medical devices including In-vitro diagnostic medical devices." 11. In the said rules, in Fifth Schedule, in the Annexure 'A' after the word "In vitro diagnostic medical devices (Kit/Reagents)", the following shall be inserted Name of Device | Type of Operation | ISO Class (At rest) ----------------------|------------------------|---------------------------------------------------------------------------------- Other medical devices | All the manufacturing | The manufacturer shall environmental requirements standards and norms. adopt as per appropriate | activity | applicable 12. In the said rules, in Appendix, in "Form MD-2 and Form MD-40, i. after the point no. 3, the following shall be inserted. "4. The registration certificate shall remain valid in perpetuity, unless, it is suspended or cancelled or surrendered, provided that the registration certificate holder deposits a registration retention fee as per the provisions of Medical Devices Rules, 2017." 13. In the said rules, in Appendix, in “Form MD-5, i. after the point no. 3, the following shall be inserted. "4. The licence shall remain valid in perpetuity, unless, it is suspended or cancelled or surrendered, provided that the licence holder deposits a licence retention fee as per the provisions of Medical Devices Rules, 2017”. 14. In the said rules, in Appendix, in “Form MD-6 i. after the point no. 3, the following shall be inserted. "4. The licence shall remain valid in perpetuity, unless, it is suspended or cancelled or surrendered, provided that the licence holder deposits a licence retention fee as per the provisions of Medical Devices Rules, 2017”. 15. In the said rules, in Appendix, in “Form MD-9, i. after the point no. 4, the following shall be inserted. "5. The licence shall remain valid in perpetuity, unless, it is suspended or cancelled or surrendered, provided that the licence holder deposits a licence retention fee as per the provisions of Medical Devices Rules, 2017”. 16. In the said rules, in Appendix, in "Form MD-10, ii. after the point no. 4, the following shall be inserted. "5. The licence shall remain valid in perpetuity, unless, it is suspended or cancelled or surrendered, provided that the licence holder deposits a licence retention fee as per the provisions of Medical Devices Rules, 2017”. 17. In the said rules, in Appendix, in “Form MD-11", i. After the word "See clause (vii) of rule 26" the word “and sub-rule (ix) of rule 85" shall be inserted. ii. At (A) (1), after the word “licensee”, the word “or Registration holder" shall be inserted. iii. At (A) (2), after the word "licence Number", the word "or Registration number" shall be inserted iv. At (B) (i), after the word "serially numbered", the word "and duly stamped by the Central Licensing Authority/State Licensing Authority” shall be omitted. v. At (B) (ii), after the word "licence Number”, the word "or Registration number" shall be inserted vi. Below the word “*State Licensing Authority”, the word “[To be signed digitally]” shall be omitted and the word “Signature, Seal or Stamp" shall be inserted. vii. At Notes (i), (ii), (iii), after the word “licensee”, the word "or Registration holder" shall be inserted. 18. In the said rules, in Appendix, in "Form MD-15, i. after the point no. 5, the following shall be inserted. "6. The licence shall remain valid in perpetuity, unless, it is suspended or cancelled or surrendered, provided that the licence holder deposits a licence retention fee as per the provisions of Medical Devices Rules, 2017". 19. In the said rules, in Appendix, in "Form MD-34", ii. In the heading after the words "sub-section (1) of section", the number "22" shall be inserted. iii. Below the marginal heading, the word "To..........” shall be inserted. 20. In the said rules, in Appendix, in “Form MD-35", i. Below the marginal heading, the word "To........." shall be inserted. 21. In the said rules, in Appendix, in “Form MD-36", i. Below the word "Details of sample of medical devices", the following table shall be inserted. S. | Name of | Batch | Name and | Brand | Date of | Date of | Quantity No.| the | No./Lot No.| address of the | name | (if manufacture) | expiry/use | | Device | of the device | premises | (if any) | | before | ---|----------|-----------|------------------|--------|----------------|------------|--------- 22. In the said rules, in Appendix, in “Form MD-37", i. Below the word "Details of samples", the following table shall be inserted. S. | Name of | Batch | Name and | Brand | Date of | Date of | Quantity No.| the | No./Lot No.| address of the | name | (if manufacture) | expiry/use | | Device | of the device | premises | (if any) | | before | ---|----------|-----------|------------------|--------|----------------|------------|--------- 23. In the said rules, in Appendix, in "Form MD-38", i. After the word "Details of sample of medical device", the word "with name of medical device which is purports to contain" shall be omitted. ii. Below the word “Details of sample of medical device", the following table shall be inserted. iii. S. | Name of | Batch | Name and | Brand | Date of | Date of | Quantity No.| the | No./Lot No.| address of the | name | (if manufacture) | expiry/use | | Device | of the device | premises | (if any) | | before | ---|----------|-----------|------------------|--------|----------------|------------|--------- 24. In said rules, in Appendix, after the "Form MD-43", the following form shall be inserted, namely: Form MD-44 [See sub-rule (xi) of rule 85] Report of Test or Evaluation by registered Medical Device Testing Laboratory 1. Name of individual or organization from whom sample received. 2. Reference number and date of the senders request. 3. Number of samples: 4. Date of receipt of the sample. 5. Details of Medical Device / Raw material / Components as obtained from the manufacturer: a. Name of Medical Device / Raw material / Components: b. Manufacturer's name: с. License no (if any) d. Batch number/Lot No. e. Date of manufacture (if any) f. Date of expiry (if any) 6. Results of test or evaluation with test protocols (detailed report if any may be enclosed with this Form): a. *Physical/ Physiochemical/Electronics/Electrical/Mechanical test : b. *Chemical test: c. *Biological/Microbiological/Biomedical test: d. *Sensitivity & specificity (in case of in vitro diagnostics): e. *Other Test specific to the Medical Device: Based upon the test or evaluation and in the opinion of the undersigned, the sample referred to above is of standard quality/ not of standard quality, as defined in the Drugs and Cosmetics Act, 1940 and Medical Devices Rules, 2017, for the reasons given below: Date..................... Signature of Person-in-charge of testing *Delete whichever is not applicable [F. No. X.11035/112/2024-DRS] HARSH MANGLA, Jt. Secy. Note: The principal rules were published in the Official Gazette vide notification number G.S.R. 78(E), dated 31st January,2017 and last amended vide notification number GSR ........ (E) dated............... Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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