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Core Purpose

This notification enacts the New Drugs and Clinical Trials (Amendment) Rules, 2026, to further amend the New Drugs and Clinical Trials Rules, 2019, under sections 12 and 33 of the Drugs and Cosmetics Act, 1940.

Detailed Summary

The Ministry of Health and Family Welfare (Department of Health and Family Welfare) published G.S.R. 46(E) on January 20, 2026, enacting the New Drugs and Clinical Trials (Amendment) Rules, 2026. These rules, coming into force forty-five days after their publication in the Official Gazette, amend the New Drugs and Clinical Trials Rules, 2019, leveraging powers under sections 12 and 33 of the Drugs and Cosmetics Act, 1940 (23 of 1940), after considering public objections to a draft published as G.S.R. 588 (E) dated August 27, 2025. A key amendment introduces a "prior intimation" mechanism, alongside the existing "permission" requirement, for manufacturing certain new drugs or investigational new drugs for analytical and non-clinical testing (excluding categories like sex hormones, cytotoxic, beta lactum, biologics with live microorganism, narcotics, and psychotropic drugs). This allows manufacturing based on acknowledgment of an online application in Form CT-10 or for unapproved active pharmaceutical ingredients (APIs) in Forms CT-12 (formulation manufacturer) and CT-13 (API manufacturer). Concurrently, the rules reduce the processing time for applications under rules 53 and 60 from ninety working days to forty-five working days. Extensive amendments are made across rules 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, and 66, and the Eighth Schedule (Forms CT-10, CT-12, CT-13) to integrate the new "prior intimation" concept into marginal headings, sub-rules, conditions, suspension/cancellation provisions, and labeling requirements. Rules 58 and 62 are substituted to explicitly cover the suspension or cancellation of both manufacturing permissions and acknowledgments of prior intimation, with appeal provisions to the Central Government within sixty and forty-five days respectively. The conditions for both permission and prior intimation explicitly state that manufactured drugs are strictly for specified purposes (clinical trial, bioavailability/bioequivalence study, examination, test, analysis) and not for market sale, requiring adherence to Good Manufacturing Practices where applicable and meticulous record-keeping.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-21012026-269489 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 46] NEW DELHI, TUESDAY, JANUARY 20, 2026/PAUSHA 30, 1947 MINISTRY OF HEALTH AND FAMILY WELFARE (Department of Health and Family Welfare) NOTIFICATION New Delhi, the 20th January, 2026 G.S.R. 46(E). Whereas a draft of certain rules further to amend the New Drugs and Clinical Trials Rules, 2019 was published, as required under sub-section (1) of section 12 and sub-section (1) of section 33 of the Drugs and Cosmetics Act, 1940 (23 of 1940) vide notification of the Government of India in the Ministry of Health and Family Welfare (Department of Health and Family Welfare) number G.S.R. 588 (E), dated the 27th August, 2025, in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), inviting objections and suggestions from persons likely to be affected thereby, before the expiry of a period of thirty days from the date on which the copies of the Gazette containing the said notification were made available to the public; And whereas, copies of the said Gazette were made available to the public on the 28th August, 2025; And whereas, objections and suggestions received from the public on the said draft rules have been considered by the Central Government; Now, therefore, in exercise of the powers conferred by section 12 and section 33 of the said Act, the Central Government, after consultation with the Drugs Technical Advisory Board, hereby makes the following rules further to amend the New Drugs and Clinical Trials Rules, 2019, namely: 1. (i) These rules may be called the New Drugs and Clinical Trials (Amendment) Rules, 2026. (ii) They shall come into force after forty five days from the date of their publication in the Official Gazette. 2. In the New Drugs and Clinical Trials Rules, 2019 (hereinafter referred to as the said rules), in rule 52, — a. in the marginal heading, for the word "permission", the words "permission or prior intimation" shall be substituted; b. for the sub-rule (1), the following sub-rule shall be substituted, namely: — "(1) No person shall manufacture a new drug or an investigational new drug to conduct clinical trial or bioavailability or bioequivalence study or for examination, test and analysis without obtaining permission, by making an application in Form CT-10 to the Central Licencing Authority to manufacture such new drug or investigational new drug, from the Central Licencing Authority: Provided that in case of manufacture of new drug or investigational new drug for analytical and non-clinical testing (excluding the new drug and investigational new drug of category of sex hormones, cytotoxic, beta lactum, biologics with live microorganism and narcotics and psychotropic drugs) an online application in Form CT-10 to the Central Licencing Authority shall be submitted as prior intimation and the applicant may manufacture such drugs based on the acknowledgment of such intimation."; c. sub-rule (2) shall be omitted; d. in sub-rule (3), for the word, brackets and figure "sub-rule (2)", the word, brackets and figure "sub-rule (1)" shall be substituted. 3. In the said rules, in rule 53, — a. in the sub-rule (1), for the words "ninety working days" wherever they occur, the words "forty-five working days" shall be substituted; b. in the sub-rule (2), for the words "ninety working days", the words "forty-five working days" shall be substituted; c. in the sub-rule (3), in clause (ii), for the words "ninety working days", the words “forty-five working days" shall be substituted. 4. In the said rules, in rule 54, — a. in the marginal heading, for the word "permission", the words "permission or acknowledgement of prior intimation" shall be substituted; b. in sub-rule (1), after the words, figures and letters “permission granted under rule 53 in Form CT-11", the words, brackets and figures “or the acknowledgement of prior intimation under the proviso of sub-rule (1) of rule 52 as the case may be," shall be inserted; c. in sub-rule (2), for the words "permission granted", the words "permission granted or the validity of acknowledgement issued under the proviso of sub-rule (1) of rule 52, as the case may be," shall be substituted. 5. In the said rules, in rule 55, — a. in the marginal heading, for the words "Conditions of permission", the words "Conditions of permission or prior intimation" shall be substituted; b. in the opening paragraph, after the words, figures and letters “permission under rule 53 in Form CT-11", the words, brackets and figures “or the acknowledgment under the proviso of sub-rule (1) of rule 52" shall be inserted; c. for the clauses (i) to (iii), the following clauses shall be substituted, namely: — "(i) the holder of the permission or acknowledgment of prior intimation under the proviso of sub- rule (1) of rule 52, as the case may be, shall make use of new drugs manufactured only for the purposes of conducting clinical trial or bioavailability and bioequivalence study or for examination, test and analysis and no part of it shall be sold in the market or supplied to any other person or agency or institution or organisation; (ii) the holder of the permission or acknowledgment of prior intimation under the proviso of sub- rule (1) of rule 52, as the case may be, shall manufacture new drugs only for the purposes of conducting clinical trial or bioavailability and bioequivalence study or for examination, test and analysis in small quantities in accordance with the provisions of these rules and at places specified and in accordance with the principles of Good Manufacturing Practices; (iii) the holder of the permission or acknowledgment of prior intimation under the proviso of sub- rule (1) of rule 52, as the case may be, shall keep a record of new drugs manufactured and persons to whom the drugs have been supplied for specified purposes; ". 6. In the said rules, in rule 56, — a. in sub-rule (1), after the words and figures “permission under rule 53", the words, brackets and figures "or the acknowledgement of prior intimation under the proviso of sub-rule (1) of rule 52" shall be inserted; b. in sub-rule (2), after the words, figures and letters "permission under rule 53 in Form CT-11", the words, brackets and figures "or the acknowledgement of prior intimation under the proviso of sub-rule (1) of rule 52, as the case may be," shall be inserted. 7. In the said rules, in rule 57, for the words "permission holder" the words, brackets and figures "permission holder or the holder of the acknowledgment of prior intimation under the proviso of sub-rule (1) of rule 52," shall be substituted. 8. In the said rules, for rule 58, the following rule shall be substituted, namely: — "58. Suspension or cancellation of manufacturing permission or acknowledgment of prior intimation for new drug or investigational new drugs.- (1) Subject to provisions of rule 55, where the permission holder or the holder of acknowledgment of prior intimation, as the case may be, fails to comply with any provision of the Act and these rules, the Central Licencing Authority may, after giving that person an opportunity to show cause and after affording an opportunity of being heard, by an order in writing, take one or more of the following actions, namely: — i. suspend the permission or acknowledgment of prior intimation for such period as considered appropriate; ii. cancel the permission granted under rule 53 in Form CT-11 or acknowledgment of prior intimation. (2) Where the permission holder or the holder of acknowledgment of prior intimation, whose permission or acknowledgment of prior intimation has been suspended or cancelled, as the case may be, under sub-rule (1), is aggrieved by an order of the Central Licencing Authority, he may, within sixty days of the receipt of the order, make an appeal to the Central Government and that Government may, after such enquiry, as deemed necessary and after affording an opportunity of being heard, pass such order in relation thereto as may be considered appropriate in the facts and circumstances of the case.". 9. In the said rules, in rule 59, — i. in the marginal heading, for the word "permission", the words "permission or prior intimation" shall be substituted; ii. after the sub-rule (1), the following proviso shall be inserted, namely: — "Provided that where a manufacturer of a pharmaceutical formulation intends to procure new drug or investigational new drug for analytical and non-clinical testing (excluding the new drug and investigational new drug of category of sex hormones, cytotoxic, beta lactum, biologics with live microorganism and narcotics and psychotropic drugs) an online application to manufacture such drug shall be made, as prior intimation, to the Central Licencing Authority by the manufacturer of pharmaceutical formulation in Form CT-12 and manufacturer of the active pharmaceutical ingredient in Form CT-13 and the applicant may manufacture such drugs based on the acknowledgment of such intimation.". 10. In the said rules, in rule 60, for the words "ninety working days" wherever they occur, the words "forty-five working days" shall be substituted. 11. In the said rules, in rule 61, — i. in the marginal heading, for the word "permission", the words "permission or acknowledgement of prior intimation" shall be substituted; ii. in sub-rule (1), after the words, figures and letters "permission granted under rule 60 in Form CT-14 or CT- 15", the words, brackets and figures "or the acknowledgement of prior intimation under the proviso of sub- rule (1) of rule 59" shall be inserted; iii. in sub-rule (2), for the words "permission granted", the words, brackets and figures "permission granted or the validity of acknowledgement issued under the proviso of sub-rule (1) of rule 59, as the case may be", shall be substituted. 12. In the said rules, for rule 62, the following rule shall be substituted, namely: — "62. Suspension or cancellation of permission or acknowledgment of prior intimation to manufacture unapproved active pharmaceutical ingredient for development of formulation for test or analysis or clinical trial or bioavailability and bioequivalence study. — (1) Subject to provision of rule 60, where the formulation manufacturer or an active pharmaceutical ingredient manufacturer fails to comply with any provisions of the Act and these rules, the Central Licencing Authority may, after giving an opportunity to show cause and after affording an opportunity of being heard, by an order in writing, take one or more of the following actions, namely: i. suspend the permission or acknowledgment of prior intimation, as the case may, for such period as considered appropriate; or ii. cancel the permission granted under rule 60 in Form CT-14 or Form CT-15 or acknowledgment of prior intimation, as the case may be. (2) Where the formulation manufacturer or active pharmaceutical ingredient manufacturer whose permission or acknowledgment of prior intimation has been suspended or cancelled under sub-rule (1), is aggrieved by an order of the Central Licencing Authority, such manufacturer may, within forty-five days of the receipt of the order, make an appeal to the Central Government and that Government may, after such enquiry, as deemed necessary and after affording an opportunity of being heard, pass such orders in relation thereto as may be considered appropriate in the facts and circumstances of the case". 13. In the said rules, for rule 63, the following rule shall be substituted, namely: — "63. Conditions of permission or acknowledgement to prior intimation. – The permission granted under rule 60 in Form CT-14 or Form CT-15 or the acknowledgement of prior intimation obtained under the proviso of sub-rule (1) of rule 59 shall be subject to following conditions, namely: i. the manufacturer of pharmaceutical formulation or the active pharmaceutical ingredient shall make use of the unapproved active pharmaceutical ingredient manufactured on the basis of permission issued under rule 60 or the acknowledgement of the prior intimation under the proviso of sub-rule (1) of rule 59,as the case may be, only for the purposes specified therein, and no part of it shall be sold in the market; ii. the holder of permission or the acknowledgement of the prior intimation obtained under the proviso of sub- rule (1) of rule 59,as the case may be, shall manufacture such active pharmaceutical ingredient or its pharmaceutical formulation for the purposes as specified therein, in accordance with the provisions of these rules and at places referred to therein, and in case, the manufacture of such drugs is for clinical trial or bioavailability and bioequivalence study, it should be manufactured in accordance with the principles of Good Manufacturing Practices; iii. the manufacturer of a pharmaceutical formulation and active pharmaceutical ingredient referred to in clause (i), shall keep all necessary records to indicate the quantity of drug procured, manufactured, used, disposed of in any manner and other matters related thereto; and iv. where unapproved active pharmaceutical ingredient and pharmaceutical formulation manufactured in accordance with the permission issued under rule 60 or the acknowledgement of the prior intimation under the proviso of sub-rule (1) of rule 59 is left over or remains, unused or gets damaged or its shelf life has expired or has been found to be of substandard quality, the same shall be destroyed and action taken in respect thereof shall be recorded". 14. In the said rules, in rule 64, — a. in sub-rule (1), after the words and figures "permission under rule 60", the words, brackets and figures "or the acknowledgement under the proviso of sub-rule (1) of rule 59" shall be inserted; b. in sub-rule (2), after the words, figures and letters "permission granted under rule 60 in Form CT-14 or CT- 15", the words, brackets and figures "or the acknowledgement of prior intimation obtained under the proviso of sub-rule (1) of rule 59" shall be inserted. 15. In the said rules, in rule 66, for the sub-rule (2), the following sub-rule shall be substituted, namely: — "(2) Where a new drug or an investigational new drug is manufactured by the holder of permission or acknowledgement of prior intimation, on behalf of another person, he shall indicate on the label of the container of such drug, the name and address of the manufacturer and the person to whom it is being supplied along with the scientific name of such drug, if known, or the reference which shall enable such drug to be identified and the purpose for which it is manufactured.". 16. In the said rules, in the Eighth Schedule, — a. in Form CT-10, — i. in the heading, after the words “FOR GRANT OF PERMISSION”, the words “OR OF PRIOR INTIMATION" shall be inserted; ii. in the opening paragraph, after the words "apply for grant of permission", the words "or as prior intimation" shall be inserted. b. in Form CT-12, — i. in the heading, after the words “FOR GRANT OF PERMISSION”, the words "OR OF PRIOR INTIMATION" shall be inserted; ii. in the opening paragraph, after the words "apply for grant of permission", the words "or as prior intimation" shall be inserted. c. in Form CT-13, — i. in the heading, after the words “FOR GRANT OF PERMISSION”, the words "OR OF PRIOR INTIMATION" shall be inserted; ii. in the opening paragraph, after the words "apply for grant of permission”, the words "or as prior intimation" shall be inserted. [F. No. X11014/05/2025-DR] HARSH MANGLA, Jt. Secy. Note: The New Drugs and Clinical Trials Rules, 2019 were published in the Gazette of India, Extraordinary, Part-II, section 3, sub-section (1) vide notification number G.S.R.227(E), dated the 19th March 2019 and last amended vide notification number G.S.R. 581 (E), dated 19th September, 2024. 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. GORAKHA NATH YADAVA Digitally signed by GORAKHA NATH YADAVA Date: 2026.01.21 16:09:15 +05'30'

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