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Proposed Amendments to the Drugs Rules, 1945: Streamlining Drug Importation and Licensing Procedures

Dated: 27.06.2026

The Ministry of Health and Family Welfare has released a draft notification proposing significant amendments to the Drugs Rules, 1945. These changes aim to streamline the regulatory framework for drug importation, particularly for analytical and non-clinical testing, and to clarify procedures for licensing and prior intimation. Below is a detailed overview of the proposed amendments and their potential impact on stakeholders.

Background

The Drugs Rules, 1945, established under the Drugs and Cosmetics Act, 1940, govern the import, manufacture, distribution, and sale of drugs in India. The latest draft notification, published on June 23, 2026, seeks to update these rules to reflect current regulatory needs and technological advancements.

Summary of Key Amendments

1. Introduction of Prior Intimation for Drug Importation

  • New Provision: Applicants importing drugs for analytical and non-clinical testing (excluding certain categories such as sex hormones, cytotoxic drugs, beta lactams, biologics with live microorganisms, and narcotics/psychotropics) can now submit an online application in Form 12 as a prior intimation to the Central Licensing Authority.
  • Process: Upon submission, applicants may import the drug based on the acknowledgment of such intimation, streamlining the process for research and testing purposes.

2. Changes to Licensing Terminology and Procedures

  • Expanded Definitions: Throughout rules 33, 34, and 35, references to “licensee” and “licence” are expanded to include holders of the “acknowledgement of prior intimation” under the new provisions.
  • Forms and Documentation: Form 12 and related documentation are updated to reflect the inclusion of “prior intimation” alongside traditional licensing.

3. Appeals Process

  • Right to Appeal: If a licence or acknowledgement of prior intimation is cancelled, the affected party may appeal to the Central Government within three months of the cancellation order.

Practical Implications for Stakeholders

  1. Pharmaceutical Companies and Research Institutions
    • Faster access to drugs for analytical and non-clinical testing, reducing administrative delays.
    • Clearer guidelines on which drug categories require full licensing versus prior intimation.
  2. Regulatory Authorities
    • Enhanced oversight through digital submission and tracking of prior intimations.
    • Improved clarity in documentation and appeals processes.
  3. Legal and Compliance Teams
    • Need to update internal compliance protocols to align with new definitions and procedures.
    • Monitor for final publication and effective date to ensure timely adaptation.

How to Participate in the Consultation

  • Feedback Window: Stakeholders have 30 days from the date of Gazette publication to submit objections or suggestions.
  • Submission Details: Feedback can be sent to the Under Secretary (Drugs), Ministry of Health and Family Welfare, at the provided postal address or via email (drugsdiv-mohfw@gov.in).

Conclusion

These proposed amendments represent a significant step toward modernizing India’s drug regulatory framework, particularly for research and development activities. Stakeholders are encouraged to review the draft rules and provide feedback within the stipulated period to help shape the final regulations.

In case you face any issues related to Indirect Tax-Customs, GST, Foreign Trade Policy (FTP), Arbitration matters and Central Licensing and related advisory matters in India then please feel free to get in touch with SJ EXIM Services.

We offer Legal advice and litigation support in matters related to Indirect Tax-Customs, FTP, other Indirect Tax matters & Arbitration law, all sorts of Central licensing and related matters. Come and explore the new way of doing business with us!


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