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Core Purpose

The Ministry of Health and Family Welfare has published draft rules to amend the Drugs Rules, 1945, primarily introducing provisions for prior intimation for the import of certain drugs for analytical and non-clinical testing and aligning related licensing terminology.

Detailed Summary

This notification, G.S.R. 509(E), issued by the Ministry of Health and Family Welfare (Department of Health and Family Welfare) on June 23, 2026, publishes draft rules to further amend the Drugs Rules, 1945. These amendments are proposed by the Central Government under sub-section (1) of section 12 of the Drugs and Cosmetics Act, 1940 (23 of 1940), after consultation with the Drugs Technical Advisory Board. The draft rules, titled the Drugs (...... Amendment) Rules, 2026, introduce significant changes across Rules 33, 34, 35, and Schedule A (Form 12) of the Drugs Rules, 1945. Specifically, Rule 33 is amended to include "acknowledgement of prior intimation under the proviso of sub-rule (1) of rule 34" alongside "Form 11", "licensee", and "licence" in clauses (a) to (e). Rule 34's marginal heading is changed to "licence or prior intimation," and a new proviso is inserted after sub-rule (1). This proviso allows for online application in Form 12 to the Central Licencing Authority as prior intimation for importing drugs for analytical and non-clinical testing, excluding sex hormones, cytotoxic, beta lactam, biologics with live microorganisms, and narcotics and psychotropic drugs, enabling import based on acknowledgment. Rule 35's marginal heading is amended to "licence or acknowledgment of prior intimation," and sub-rule (1) is modified to include "acknowledgement of prior intimation." Furthermore, sub-rule (2) of Rule 35 is substituted to grant a licensee or holder of such prior intimation acknowledgment the right to appeal to the Central Government within three months if their licence or acknowledgment is cancelled. Finally, Form 12 in Schedule A is updated to reflect "LICENCE OR PRIOR INTIMATION" in its heading and opening paragraph. Objections and suggestions regarding these draft rules are invited within thirty days from the date of Gazette publication and should be addressed to the Under Secretary (Drugs), Ministry of Health and Family Welfare, Government of India, U-6, Work Hall- C Wing, first floor, Kartavya Bhawan-1, New Delhi, 110001 or via email at [email protected]. The Drugs Rules, 1945, were originally published on December 21, 1945, vide notification No. F. 28-10/45-H(1).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-26062026-273857 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 458] NEW DELHI, TUESDAY, JUNE 23, 2026/ASHADHA 2, 1948 MINISTRY OF HEALTH AND FAMILY WELFARE (Department of Health and Family Welfare) NOTIFICATION New Delhi, the 23rd June, 2026 G.S.R. 509(E). — The following draft of certain rules further to amend the Drugs Rules, 1945, which the Central Government proposes to make, in exercise of the powers conferred by sub-section (1) of section 12 of the Drugs and Cosmetics Act, 1940 (23 of 1940), after consultation with the Drugs Technical Advisory Board is hereby published 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 the copies of the Gazette of India containing these draft rules are made available to the 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, U-6, Work Hall- C Wing, first floor, Kartavya Bhawan-1, New Delhi, 110001 or emailed at [email protected]. DRAFT RULES 1. (i) These rules may be called the Drugs (...... Amendment) Rules, 2026. (ii) These rules shall come into force from the date as specified by the Government at the time of final publication of the rules in the Official Gazette. 2. In the Drugs Rules, 1945 (hereinafter referred to as the said rules), in rule 33, — (i). in clause (a), for the word and number "Form 11", the words, number and brackets "Form 11 or the acknowledgement of prior intimation under the proviso of sub-rule (1) of rule 34 as the case may be" shall be substituted; (ii). In clause (b), — (a) for the word "licensee" the words, number and brackets "licensee or the holder of the acknowledgement of prior intimation under the proviso of sub-rule (1) of rule 34 as the case may be" shall be substituted; (b) for the word "licence" wherever it may occur, the words, numbers and brackets "licence or the acknowledgement of prior intimation under the proviso of sub-rule (1) of rule 34 as the case may be" shall be substituted; (iii). In clause (c), for the word "licensee" the words, number and brackets "licensee or the holder of the acknowledgement of prior intimation under the proviso of sub-rule (1) of rule 34 as the case may be” shall be substituted; (iv). In clause (d), — (a) for the word "licensee" the words, number and brackets "licensee or the holder of the acknowledgement of prior intimation under the proviso of sub-rule (1) of rule 34 as the case may be" shall be substituted; (b) for the word "licence" the words, numbers and brackets "licence or the acknowledgement of prior intimation under the proviso of sub-rule (1) of rule 34 as the case may be" shall be substituted; (v). In clause (e), — (a) for the word "licensee" the words, number and brackets "licensee or the holder of the acknowledgement of prior intimation under the proviso of sub-rule (1) of rule 34 as the case may be" shall be substituted; (b) for the words "holders of licenses" the words, numbers and brackets "holders of licences or the acknowledgements of prior intimation under the proviso of sub-rule (1) of rule 34 as the case may be" shall be substituted; 3. In the said rules, in rule 34, (i). in the marginal heading, for the word "licence", the words "licence or prior intimation" shall be substituted; (ii). After sub-rule (1), the following proviso shall be inserted, — Provided that in case of import of drug for analytical and non-clinical testing (excluding drugs of category of sex hormones, cytotoxic, beta lactam, biologics with live microorganisms and narcotics and psychotropic drugs) an online application in Form 12 to the Central Licencing Authority shall be submitted as prior intimation and the applicant may import such drug based on the acknowledgment of such intimation."; 4. In the said rules, in rule 35, — (i). in the marginal heading, for the word "licence", the words "licence or acknowledgment of prior intimation" shall be substituted; (ii). in sub-rule (1), for the word “licence”, wherever it may occur, the words, numbers and brackets “licence or the acknowledgement of prior intimation under the proviso of sub-rule (1) of rule 34 as the case may be” shall be substituted; (iii). for sub-rule (2), following shall be substituted — A licensee or the holder of the acknowledgement of prior intimation under the proviso of sub-rule (1) of rule 34 as the case may be, whose licence or acknowledgement of prior intimation has been cancelled, may appeal to Central Government within three months of the date of the order. 5. In the said rule, in Schedule A, — (i). In Form 12, — (a) In the heading, for the word "LICENCE", the words "LICENCE OR PRIOR INTIMATION” shall be substituted; (b) In the opening paragraph, for the word “licence”, the words “licence or prior intimation" shall be substituted; [F. No. DC-DT-11011(11)/5/2026-eoffice] HARSH MANGLA, Jt. Secy. Note: The Drugs Rules, 1945 were published in the Official Gazette vide notification No. F. 28-10/45-H(1). dated the 21st December, 1945 and last amended vide notification number G.S.R....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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