All about Form 25 & Form 25F of Drugs Rules, 1945

Introduction

Form 25 is the licence issued under the Drugs and Cosmetics Rules, 1945 for the manufacture for sale or distribution of drugs, excluding:

  • Drugs specified in Schedules C and C(1) (Biological and Special products), and
  • Drugs specified in Schedule X (Narcotic/Psychotropic controlled drugs).

Form 25F is the licence issued under the Drugs and Cosmetics Rules, 1945 for the manufacture of drugs specified in Schedule X for the purpose of sale or distribution. Schedule X includes stringent-control narcotic and psychotropic drugs that carry a higher potential for abuse or dependence.

Conditions for the grant of a licence in Form 25 or Form 25F (Rule 71)

Before a licence in Form 25 or Form 25F is granted the following conditions shall be complied with by the applicant:

(1) the manufacture shall be conducted under the active direction and personal supervision of competent technical staff consisting at least of one person who is a whole time employee and who is—

(a) a graduate in Pharmacy or Pharmaceutical Chemistry of a University established in India by law or has an equivalent qualification recognized and notified by the Central Government for such purpose and has had at least eighteen months’ practical experience after the graduation in the manufacture of drugs. This period of experience may, however, be reduced by six months if the person has undergone training in manufacture of drugs for a period of six months during his University course; or

(b) a graduate in Science of a University established in India by law or has an equivalent qualification recognised and notified by the Central Government for such purpose who for the purpose of his degree has studied Chemistry as a principal subject and has had at least three years’ practical experience in the manufacture of drugs after his graduation; or

(c) a graduate in Chemical Engineering or Chemical Technology or Medicine of a University established in India by law or has an equivalent qualification recognised and notified by the Central Government for such purpose with general training and practical experience, extending over a period of not less than three years in the manufacture of drugs, after his graduation; or

(d) holding any foreign qualification the quality and content of training of which are comparable with those prescribed in clause(a), clause (b) or clause (c) and is permitted to work as competent technical staff under this rule by the Central Government:

Provided that any person who was immediately before the 29th June, 1957, actively directing and personally supervising the manufacture of drugs and whose name was accordingly entered in any licence granted in Form 25 or Form 25F as it existed before that date shall be deemed to be qualified for the purposes of this rule:

Provided further that for drugs other than those specified in Schedules C, C(l), and X and meant for veterinary use, the wholetime employee under whose supervision the manufacture is conducted shall be a graduate in Veterinary.

Science or Pharmacy or General Science or Medicine of a University recognized by the Central Government and who has had atleast three years’ practical experience in the manufacture of drugs excluding graduate in Pharmacy who shall have at least eighteen months’ practical experience in the manufacture of drugs:

Provided also that the licensing authority may, in the matter of manufacture of disinfectant fluid insecticides, liquid paraffin, medicinal gases, non-chemical contraceptives, plaster of paris and surgical dressings, for the manufacture of which the knowledge of Pharmaceutical Chemistry or Pharmacy is not essential, permit the manufacture of the substance under the active direction and personal supervision of the competent technical staff, who, although not having any of the qualifications included in clause (a), (b) or (c) of this rule, has, in the opinion of the licensing authority, adequate experience in the manufacture of such substance.

(2) The factory premises shall comply with the conditions prescribed in Schedule M.

(3) The applicant shall provide adequate space, plant and equipment for the manufacturing operations; the space, plant and equipment recommended for various operations are given in Schedule M.

(4) The applicant shall provide and maintain adequate staff, premises and laboratory equipment for carrying out tests of the strength, quality and purity of the substances at the testing unit which shall be separate from the manufacturing unit and head of the testing unit shall be independent of the head of the manufacturing unit:

Provided that the manufacturing units, which, before the commencement of the Drugs and Cosmetics (Amendment) Rules, 1977, were making arrangements with institutions approved by the licensing authority for such tests to be carried out on their behalf may continue such arrangements up to the 30th June, 1977:

Provided further that for tests requiring sophisticated instrumentation techniques or biological or microbiological methods other than sterility the licensing authority may permit such tests to be conducted by institutions approved by it under Part XV (A) of these rules for this purpose.

(4A) The head of the testing unit referred to in condition (4) shall possess a degree in Medicine or Science or Pharmacy or Pharmaceutical Chemistry of a University recognised for this purpose and shall have experience in the testing of drugs, which in the opinion of the licensing authority is considered adequate.

(5) The applicant shall make adequate arrangements for the storage of drugs manufactured by him.

(6) The applicant shall, while applying for a licence to manufacture drugs, furnish to the licensing authority evidence and date justifying that the drugs—

(i) contain the constituent ingredients in therapeutic/prophylactic quantities as determined in relation to the claims or conditions for which the medicines are recommended for use or claimed to be useful;

(ii) are safe for use in the context of the vehicles, excipients additives and pharmaceutical aids used in the formulation and under the conditions in which the formulations for administration and use are recommended;

(iii) are stable under the conditions of storage recommended; and

(iv) contain such ingredients and in such quantities for which there is therapeutic justification.

(v) have the approval, in writing, in favour of the applicant to manufacture drug formulations falling under the purview of new drug as defined in rule 122E, from the licensing authority as defined in clause (b) of rule 21.

(7) The licensee shall comply with the requirements of ‘Good Manufacturing Practices’ as laid down in Schedule M.

(8) The applicant shall make application for grant of licence for a drug formulation containing single active ingredient only in proper name.

(9) In case the applicant intends to market the drug under a brand name or trade name, the applicant shall furnish an undertaking in Form 51 to the licensing authority to the effect that to the best of his knowledge based on search in trade marks registry, central data base for brand name or trade name of drugs maintained by Central Drugs Standard Control Organisation, literature and reference books on details of drug formulations in India, and internet, such or similar brand name or trade name is not already in existence with respect to any drug in the country and the proposed brand name or trade name shall not lead to any confusion or deception in the market.

Duration of licence (Rule 72)

(1) A licence issued in Form 25, Form 25B and Form 25F shall remain valid if the licencee deposits a licence retention  referred to in sub-rule (2) before the expiry of a period of every succeeding five years from the date of its issue, unless, it is suspended or cancelled by the licensing authority.

Conditions of licence in Form 25 and Form 25F (Rule 74)

A licence in Form25 and Form 25F shall be subject to the conditions stated therein and to the following further conditions, namely:—

  • the licensee shall provide and maintain staff, premises and the equipment as specified in rule 71;
  • the licensee shall comply with the provisions of the Act and of these rules and with such further requirements, if any, as may be specified in any rules subsequently made under Chapter IV of the Act, provided that where such further requirements are specified in the rules, these would come into force, four months after publication in the Official Gazette;
  • the licensee shall either in his own laboratory or in any other laboratory approved by the licensing authority under Part XV (A) of these rules test each batch or lot of the raw material used by him for the manufacture of his products and also each batch of the final product and shall maintain records or registers showing the particulars in respect of such tests as specified in Schedule U. The records or registers shall be retained for a period of five years from the date of manufacture;
  • the licensee shall keep records of the details of manufacture as per particulars given in Schedule U of each batch of the drugs manufactured by him and such records shall be retained for a period of five years;
  • the licensee shall allow an Inspector appointed under the Act to enter, with or without prior notice, any premises and to inspect the plant and the process of manufacture and the means employed in standardising and testing the drugs;
  • the licensee shall allow an Inspector appointed under the Act to inspect all registers and records maintained under these rules and to take samples of the manufactured drugs and shall supply to such Inspector such information as he may require for the purpose of ascertaining whether the provisions of the Act and the rules thereunder have been observed;
  • the licensee shall, from time to time, report to the licensing authority any changes in the expert staff responsible for the manufacture or testing of the drugs and any material alterations in the premises or plant used for the purpose which have been made since the date of the last inspection made on behalf of the licensing authority;
  • the licensee shall, on request, furnish to the licensing authority, the controlling authority or to such authorities as the licensing authority or the controlling authority may direct, from every batch or batches of drugs as the licensing authority or the controlling authority may from time to time specify, a sample of such quantity as may be considered adequate by such authority for any examination and, if so required, also furnish full protocols of tests which have been applied;
  • if the licensing authority or the controlling authority so directs and if requested by the licensee who had also furnished prima facie reasons for such directions, the licensee shall not sell or offer for sale any batch in respect of which a sample is or protocols are furnished under clause (h) until a certificate authorising the sale of the batch has been issued to him by or on behalf of the licensing authority or the controlling authority;
  • the licensee shall on being informed by the licensing authority or the controlling authority that any part of any batch of the drug has been found by the licensing authority or the controlling authority not to conform with the standards of strength, quality or purity specified in these rules and on being directed so to do, withdraw the remainder of the batch from sale, and, so far as may in the particular circumstances of the case be practicable, recall all issues already made from that batch
  • the licensee shall maintain an Inspection Book in Form 35 to enable an Inspector to record his impressions and the defects noticed;
  • the licensee shall maintain reference samples from each batch of the drugs manufactured by him in a quantity which is at least twice the quantity of the drug required to conduct all the tests performed on the batch. In case of drugs bearing an expiry date on the label, the reference samples shall be maintained for a period of three months beyond the date of expiry of potency. In case of drugs where no date of expiry of potency is specified on the label, the reference samples shall be maintained for a period of three years from the date of manufacture;
  • the licensee, who has been granted a licence in Form 25F, shall—
    1. forward to the licensing authority of the concerned States of manufacture and supply of the drug a statement of the sales effected to the manufacturers, wholesalers, retailers, hospitals, dispensaries and nursing homes and Registered Medical Practitioners every three months;
    2. maintain accounts of all transactions giving details as indicated below in a register bound and serially page numbered and such records shall be retained for a period of five years or one year after the expiry of potency, whichever is later—

A. Accounts of the drugs specified in Schedule X used for the manufacture—

  1. Date of issue
  2. Name of the drug.
  3. Opening balance of stock on the production day.
  4. Quantity received, if any, and source from where received.
  5. Quantity used in manufacture.
  6. Balance quantity on hand at the end of the production day.
  7. Signature of the person in charge.

 

B. Accounts of production—

  1. Date of manufacture.
  2. Name of the drug.
  3. Batch Number.
  4. Quantity of raw material used in manufacture.
  5. Anticipated yield.
  6. Actual yield.
  7. Wastage
  8. Quantity of the manufactured goods transferred.

 

C. Accounts of the manufactured drugs—

  1. Date of manufacture.
  2. Name of the drug.
  3. Batch Number.
  4. Opening Balance.
  5. Quantity manufactured.
  6. Quantity sold.
  7. Name of the purchaser and his address.
  8. Balance quantity at the end of the day.
  9. Signature of the person in charge.

 

  • The licensee shall store drugs specified in Schedule X in bulk form and when any of such drug is required for manufacture in a place other than its place of storage it shall be kept in a separate place under the direct custody of a responsible person.
  • The licensee shall comply, with the requirements of “Good Laboratory Practices” as laid down in Schedule L-I and “Good Manufacturing Practices and Requirements of Premises, Plant and Equipment for Pharmaceutical Products” as laid down in Schedule M.
  • No advertisement of the drugs specified in Schedule H, Schedule HI and Schedule X shall be made except with the previous sanction of the Central Government.
  • the applicant shall submit the result of bioequivalence study referred to in Schedule Y, along with the application for grant of a licence of oral dosage form of drugs specified under category II and category IV of the biopharmaceutical classification system.

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