All about Form 25A of Drugs Rules, 1945

Introduction

Form 25A is the licence to manufacture drugs other than specified in Sch X, C and C(1) for the purpose of sale or distribution in India, issued under the Drugs and Cosmetics Rules, 1945.

Conditions for the grant of a licence in Form 25A (Rule 71B)

Before a licence in Form 25A is granted, the applicant shall, while applying for a licence to manufacture drugs, furnish to the licensing authority evidence and date justifying that the drugs—

  1. 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;
  2. are safe for use in the context of the vehicles, excipients, additives and pharmaceutical aids used in the formulations and under conditions in which the formulations for administration and use are recommended;
  3. are stable under the conditions of storage recommended; and
  4. contain such ingredients and in such quantities for which there is therapeutic justification:
  5. 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:

 

Provided that the application for grant of a licence for a drug formulation containing single active ingredient shall be made only in proper name.

Duration of loan licence

(1) A licence issued in Form 25A shall remain valid if licencee deposits a licence retention fee 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

(2) The licence retention fee referred to in sub-rule (1) shall be equivalent to the respective fee required for the grant of such licence excluding inspection fee paid for grant of licence.

(3) If the licencee fails to pay licence retention fee on or before the due date as referred to in sub-rule (1), he shall be liable to pay licence retention fee along with a late fee calculated at the rate of two per cent, of the licence fee for every month or part there of up to six months, and in the event of non-payment of such fee, the licence shall be deemed to have been cancelled.

74B. Conditions of licence in Form 25A

  1. The licence in Form 25A shall be deemed to be cancelled or suspended, if the licence owned by the licensee in Form 25 whose manufacturing facilities have been availed of by the licensee is cancelled or suspended as the case may be, under these rules.
  2. 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.
  3. The licensee shall 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 allow an Inspector to inspect all registers and records maintained under these rules and shall supply to the Inspector such information as he may require for the purpose of ascertaining whether the provisions of the Act and these rules have been observed.
  4. The licensee shall either—
    • provide and maintain to the satisfaction of the licensing authority adequate staff and adequate laboratory facilities for carrying out tests of strength, quality and purity of the substances manufactured by him; or
    • make arrangements with some institution approved by the licensing authority under Part XV(A) of these rules for such tests to be regularly carried out on his behalf by the institution.
  5. 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.
  6. The licensee shall maintain an Inspection Book in Form 35 to enable an Inspector to record his impressions and the defects noticed.
  7. No advertisement of the drugs specified in Schedule H, Schedule HI or Schedule X shall be made except with the previous sanction of the Central Government.
  8. 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.

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article. 

To stay updated Subscribe to our newsletter today

Explore other Legal updates on the 1-Comply and follow us on LinkedIn to stay updated 

Post Views: 92

Schedule A Demo