3. cONTENTS
• About
• Purpose
• Regulatory Authorities
• Process Involved
• Fee Structure
• Steps Involved
• Appendix
4. SchEdUlE
Y
• Requirements and guidelines to import and/or manufacture of new
drugs for sale or to undertake clinical trials
• It has outlined extensive study criteria in line with the globally
accepted formats such as ICH and US FDA guidelines
• REFER TO RULES 122A, 122B, 122D, 122DA, 122DAA and 122E
5. PURPOSE
To frame guidelines for conduct of clinical research
Control and regulation for new drugs
CDSCO and DTAB formulated GCP under schedule Y in 2005
6. WhY INdIA
Large patient pool
Well trained and experienced Investigators.
Considerable low per patient trial cost, as compared to developed
countries.
7. PART X-A Of d & c RUlES, 1945
• 122-A Application for permission to import new drug
• 122-B Application for approval to manufacture new drug
• 122-D Permission to import or manufacture FDC
• 122-DA Permission to conduct clinical trials for New Drug /
Investigational New Drug
8. clINIcAl TRIAl
122-DAA
“Clinical trial” means a systematic study of new
drug(s) in human subject(s) to generate data for
discovering and / or verifying the clinical,
pharmacological (including pharmacodynamic and
pharmacokinetic) and /or adverse effects with the
objective of determining safety and / or efficacy of the
new drug.
9. NEW dRUg
122-E
• Not been used in the country under labeling conditions
• Approved but now proposed to be marketed with modified
or new claims – indications, dosage, dosage form , route of
administration
• FDC, individually approved, to be combined for the first time
in a fixed ratio or if ratio is changed
10. REgUlATORY AUThORITIES
Ministry of Chem &
Fertilizers
NPPA
National
Pharmaceutical Pricing
Authority
Pricing
Regulations
Ministry of Sci &
Tech
DBT
Department of
Biotechnology
Ministry of
Enviro
Additional
Secretary
Ministry of Health
Health Secretary
DGHS
Director General of
Health Services
State Drug Regulatory Authority :FDA
GEAC
Genetic Engineering
Approval Committee
DCGI
Drug Controller
General of India
CDL/CDTL
Gov. Drug Testing
Laboratories
11. PROcESS
APPLICATION
FORM 44
-Imp ff
-Imp rm
-Mfg ff
-Mfg rm
-CT
NOC FOR CT + Test
Licence for Import
Approval Form
45 (IMP FF)
Approval Form 45
A (IMP RM)
Approval Form 46
(MFG FF)
Application Form
46 A (MFG RM)
12. fEES
• Import ff/ Mfg ff/ Import bulk + Mfg of new drug = Rs 50,000/-
• Application by same applicant, for modified dosage = Rs 15,000/-
form or with new claim
• Secondary applicants after 1 year of approval = Rs 15,000/-
• Import / Mfg FDC = Rs 15,000/-
• Conduct Clinical trial with ND/IND
• Phase I = Rs 50,000/-
• Phase II = Rs 25,000/-
• Phase III = Rs 25,000/-
• No separate fee to be paid along with application for import / mfg based on
successful completion
13. STEPS INVOlVEd
1. Application for Permission
2. Clinical Trials
3. Studies in Special Population
4. Post Marketing Surveillance
5. Special Studies-BA/BE studies
14. APPlIcATION fOR PERMISSION
It shall made in FORM 44 accompanied with following data iN
accordance with appendices , namely;
1. Chemical and pharmaceutical Information
2. Animal pharmacology data
3. Animal toxicology data
15. 4. Human clinical pharmacology data
5. Regulatory status in other countries
6. Prescribing Information
FORM 12- To import Study drug for examination, test or
analysis
16. chEMIcAl ANd PhARMAcEUTIcAl
INfORMATION
Chemical and Pharmaceutical information as prescribed in item 2 of Appendix I;
(ii)
specific pharmacological actions as prescribed in item 3.2 of Appendix I, and
demonstrating, therapeutic potential for humans shalls be described according to
the animal models and species used. Wherever possible, dose-response
relationships and ED 50s shall be submitted. Special studies conducted to elucidate
mode of action shall also be described (Appendix IV);
general pharmacological actions as prescribed in item 3.3 of Appendix I and
item 1.2 of Appendix IV;
Pharmacokinetic data related to the absorption, distribution, metabolism
and excretion of the test substance as prescribed in item 3.5 of Appendix I.
Wherever possible, the drug effects shall be corelated to the plasma drug
concentrations;
17. ANIMAl TOXIcOlOgY dATA
• animal toxicology data as prescribed in item 4 of Appendix I and
Appendix III;
18. hUMAN clINIcAl
PhARMAcOlOgY dATA
• human Clinical Pharmacology Data as prescribed in items 5,6 and 7 of Appendix I
and as stated below:-
• (a) for new drug substances discovered in India, clinical trials are required to
be carried out in India right from Phase I and data should be submitted as
required under items 1, 2, 3, 4, 5 (data, if any, from other countries) , and 9 of
Appendix I;
• (b) for new drug substances discovered in countries other than India, Phase I
data as required under items 1, 2, 3, 4, 5 (data from other countries) and 9 of
Appendix I should be submitted along with the application. After submission of
Phase I data generated outside India to the Licensing Authority, permission may
be granted to repeat Phase I trials and/or to conduct Phase II trials and
subsequently Phase III trials concurrently with other global trials for that drug.
Phase III trials are required to be conducted in India before permission to market
the drug in India is granted;
19. cONTd……
• (c) the data required will depend upon the purpose of the new drug
application . The number of study subjects and sites to be involved in
the conduct of clinical trial will depend upon the nature and
objective of the study. Permission to carry out these trials shall
generally be given in stages, considering the data emerging from
earlier Phase(s);
• (d) application for permission to initiate specific phase of clinical trial
should also accompany Investigator’s brochure, proposed protocol
(Appendix X), case record form, study subject’s informed consent
document(s) (Appendix V), investigator’s undertaking (Appendix VII)
and ethics committee clearance, if available, (Appendix VIII);
20. cONTd…..
• (e) reports of clinical studies submitted under items 5-8 of Appendix
I should be in consonance with the format prescribed in Appendix II
of this Schedule. The study report shall be certified by the Principal
Investigator or, if no Principal Investigator is designated, then by each
of the Investigators participating in the study. The certification should
acknowledge the contents of the report, the accurate presentation of
the study as undertaken, and express agreement with the
conclusions. Each page should be numbered;
21. REgUlATORY STATUS IN OThER
cOUNTRIES
• regulatory status in other countries as prescribed in item 9.2 of
Appendix I, including Information in respect of restrictions imposed,
if any, on the use of the drug in other countries, e.g. dosage limits,
exclusion of certain age groups, warning about adverse drug
reactions,.etc. (item 9.2 of Appendix I). Likewise, if the drug has been
withdrawn in any country by the manufacturer or by regulatory
authorities, such information should also be furnished along with the
reasons and their relevance, if any, to India. This information must
continue to be submitted by the sponsor to the Licensing Authority
during the course of marketing of the drug in India;
22. Prescribing information
• prescribing information should be submitted as part of the new drug application
for marketing as prescribed in item 10 of Appendix I. The prescribing information
(package insert) shall comprise the following sections: generic name;
composition; dosage form/s, indications; dose and method of administration; use
in special populations (such as pregnant women, lactating women, pediatric
patients, geriatric patients etc.) ; contra-indications; warnings; precautions; drug
interactions; undesirable effects; overdose; pharmacodynamic and
pharmacokinetic properties; incompatibilities; shelf-life; packaging information;
storage and handling instructions. All package inserts, promotional literature and
patient education material subsequently produced are required to be consistent
with the contents of the approved full prescribing information. The drafts of label
and carton texts should comply with provisions of rules 96 and 97. After
submission and approval by the Licensing Authority, no changes in the package
insert shall be effected without such changes being approved by the Licensing
Authority;
23. aPPlication form 44
FORM 44
(See Rules 122A, 122B, 122D and 122DA)
Application for grant of permission to import or manufacture a New Drug or to undertake clinical
trial
I/We..……….. of ……….., hereby apply for grant of permission for import and / or clinical trial or for
approval to manufacture of a new drug or fixed dose combination or subsequent permission of
already approved new drug. The necessary information / data is given below :
• 1. Particulars of New Drug :
• Name of the drug :
• Dosage Form :
• Composition of the formulation :
• Test specifications :
• Active ingredients :
• Inactive ingredients :
• Pharmacological classification of the drug :
• Indications for which proposed to be used :
• Manufacturer of the raw material :
• Patent status :
24. form 44 contd
2. Data submitted along with the application
A. Permission to market new drug
1. Chemical and Pharmaceutical information
2. Animal Pharmacology
3. Animal Toxicology
4. Human / Clinical Pharmacology
5. Exploratory Clinical Trials
6. Confirmatory Clinical Trials
7. Bioavailability / dissolution and stability data
8. Regulatory status in other countries
9. Marketing information :
(a) Proposed product monograph
(b) Drafts of labels and cartons
1. Application for test license :
25. form 44 contd
B. Subsequent approval / permission for
manufacture of already approved new drug
a) Formulation :
• Bioavailability / bioequivalence
• Name of the investigator / centre
• Source of raw mat and stability
b) Raw Material
• Manufacturing Method
• QC parameters, specs, stability
• Animal toxicity
26. form 44 contd
C. Approval / permission for FDC
• Justification
• P’cokinetic / P’codynamic data
• Any other data
27. form 44 contd
D. Subsequent approval or approval for new indication –
new dosage form :
• Number and date of Approval already granted
• Justification
• Data on safety, efficacy and quality
• A total fee of Rs………………… has been credited to the Government
under the Head of Account …… (receipt enclosed)
• Signature
• Designation
• Date
28. clinical trial
1. Approval for clinical trials
2. Responsibilities of sponsor
3. Responsibilities of Investigator
4. Informed Consent
5. Responsibilities of Ethics Committee
6. Human Pharmacology (Phase l)
7. Therapeutic Exploratory Trials (Phase ll)
8. Therapeutic confirmatory Trials (Phase lll)
9. Post Marketing Trials (lV)
29. clinical trials : sPecial
studies
• Clinical trials required if the indication is relevant to special
population e.g. pediatrics, geriatrics, pregnancy •EC for paediatric trials to include
• members knowledgeable about paediatric, ethical, clinical
and psychosocial issues
• Mature minors and adolescents to sign an assent form
• Other – Post-marketing surveillance, BA/BE
30. aPProval for clinical
trials
Clinical trial on a new drug shall be initiated only after the
permission has been granted by the Licensing Authority
under rule 21 (b), and the approval obtained from the
respective ethics committee(s).
The Licensing Authority as defined shall be informed of the
approval of the respective institutional ethics comittee(s) as
prescribed in Appendix VIII, and the trial initiated at each
respective site only after obtaining such an approval for that
site.
31. resPonsibility of sPonsor
Quality assurance to ensure compliance to GCP
guidelines of CDSCO
Submission of status report at prescribed periodicity;
reasons for premature termination to be communicated
Serious adverse event to be communicated promptly
(within 14 calendar days) to DCGI and other investigators
8
32. resPonsibilities of
investigator
Responsible for conduct of trial according
to protocol and GCP
Compliance as per undertaking format
Medical care for AEs
SAE reporting to
Sponsor within 24 hrs
EC within 7 days
Informed consent
9
33. resPonsibilities of
ec Safeguard rights, safety, wellbeing of
subjects
Special care for vulnerable subjects
Ongoing review
Reason’s for revoking approval and
information to investigator / regulatory
authority
10
34. ethics
committee EC approval of protocol / informed
consent form (ICF) and notification
to DCGI prior to initiation
Approval for sites without EC by
institutional / independent EC
EC approval of protocol
amendments and notification to DCGI
11
35. documents for review by ethics
committee
• Trial Protocol( including protocol amendments), date version
• Patient Information Sheet and Informed Consent Form (including updates if any)
in English and/or vernacular language.
• Investigator’s Brochure, date, version
• Proposed methods for patient accrual including advertisement (s) etc. proposed
to be used for the purpose.
• Insurance Policy / Compensation for participation and for serious adverse events
occurring during the study participation.
• Investigator’s Agreement with the Sponsor. Investigator’s Undertaking
(Appendix VII). 26
36. 3. informed consent.
• In all trials, a freely given, informed written consent is required to be
obtained from each study subject.
• The Investigator must provide information about the study verbally as
well as using a patient information sheet, in a language that is non-technical
and understandable by the study subject.
• Both the patient information sheet as well as the informed Consent
Form should have been approved by the ethics committee and
furnished to the Licensing Authority.
• Any changes in the informed consent documents should be approved
by the ethics committee and submitted to the Licensing Authority
before such changes are implemented.
37. 4.Human Pharmacology (Phase l)
Safety and tolerability – Objective
5.Therapeutic Exploratory Trials (Phase ll)
To evaluate the effectiveness of a drug for particular
indication.
To determine the short term side effects and risk associated
with the drug
To determine the dose and regimen for phase lll trials.
38. 6.Therapeutic confirmatory Trials (Phase lll)
Demonstration of therapeutic benefit
Drug is safe and effective for use and Provide and adequate basis
for marketing approval
7.Post Marketing Trials (lV)
Performed after drug approval and related to the approved
indication
Includes drug-drug interaction, dose-response or safety studies,
mortality/morbidity studies
39. studies in sPecial
PoPulation
Information supporting the use of the drug in children, pregnant
women, nursing women, elderly patients, patients with renal or
other organ systems failure, and those on specific concomitant
medication is required to be submitted if relevant to the clinical
profile of the drug and its anticipated usage pattern (Appendix I,
item 8.3).
41. geriatrics
• Geriatric patients should be included in Phase III clinical trials (and in
Phase II trials, at the Sponsor's option) in meaningful numbers, if-the
disease intended to be treated is characteristically a disease of
aging; or
the population to be treated is known to include substantial
numbers of geriatric patients; or
42. Pediatrics
• The timing of pediatric studies in the new drug development program
will depend on the medicinal product, the type of disease being
treated, safety considerations, and the efficacy and safety of available
treatments.
43. • The paediatric studies should include -
• clinical trials,
• relative bioequivalence comparisons of the paediatric
formulation with the adult formulation performed in adults
• definitive pharmacokinetic studies for dose selection across the
age ranges of paediatric patients in whom the drug is likely to
be used. These studies should be conducted in the pediatric
patient population with the disease under study.
44. Pregnant or nursing Women
• Pregnant or nursing women should be included
in clinical trials only when the drug is intended for use by
pregnant/nursing women or fetuses/nursing infants and
where the data generated from women who are not pregnant
or nursing, is not suitable.
• For new drugs intended for use during pregnancy, follow-up data
(pertaining to a period appropriate for that drug) on the
pregnancy, fetus and child will be required
45. Post marketing
surveillance
PSUR : Periodic Safety Update Reports
New drugs should be closely monitored for their clinical safety;
submission of in order to-
• report all the relevant new information (patient exposure)
• summarize the market authorization status in different countries
and any significant variations related to safety; and
• indicate whether changes should be made to product
information
46. PSURs shall be submitted every 6 months for the first two years after
approval
For subsequent two years – the PSURs need to be submitted
annually
PSURs due for a period must be submitted within 30 calendar days of
the last day of the reporting period.
47. PSUR should be structured as follows
• A title page stating: Periodic safety update report for the product, applicant’s
name, period covered by the report, date of approval of new drug, date of
marketing of new drug and date of reporting;
• Introduction
• Current worldwide market authorization status,
• Update of actions taken for safety reasons,
• Changes to reference safety information,
• Estimated patient exposure
48. • Presentation of individual case histories
• Studies,
• Other information,
• Overall safety evaluation,
• Conclusion,
• Appendix providing material relating to indications, dosing,
pharmacology and other related information.
49. sPecial studies-Ba/Be
studies
i. For drugs approved elsewhere in the world and absorbed
systemically, bioequivalence with the reference formulation
should be carried out.
ii. Evaluation of the effect of food
iii. Dissolution and bioavailability data to be submitted
iv. All bioavailability and bioequivalence studies should be
conducted according to the Guidelines for Bioavailability and
Bioequivalence studies as prescribed (ICMR guidelines)
50. aPPendiX i
DATA TO BE SUBMITTED ALONG WITH THE APPLICATION TO CONDUCT
CLINICAL TRIALS / IMPORT / MANUFACTURE OF NEW DRUGS FOR
MARKETING IN THE COUNTRY.
1. Introduction
• A brief description of the drug and
the therapeutic class to which it belongs.
2. Chemical and pharmaceutical information
• Information on active ingredients
• Drug information (Generic Name, Chemical Name or INN)
51. Physicochemical Data
A. Chemical name and Structure
Empirical formula
Molecular weight
B. Physical properties
Description
Solubility
Rotation
Partition coefficient
Dissociation constant
52. • Analytical Data
• Elemental analysis
• Mass spectrum
• NMR spectra
• IR spectra
• UV spectra
• Polymorphic identification
53. • Complete monograph specification including
• Identification
• Identity/quantification of impurities
• Enantiomeric purity
• Assay
54. Validations
• Assay method
• Impurity estimation method
• Residual solvent/other volatile impurities (OVI) estimation
method
Stability Studies (for details refer Appendix IX)
• Final release specification
• Reference standard characterization
• Material safety data sheet
55. data on Formulation
• Dosage form
• Composition
• Master manufacturing formula
• Details of the formulation (including inactive ingredients)
• In process quality control check
• Finished product specification
• Excipient compatibility study
• Validation of the analytical method
56. • Comparative evaluation with international brand(s) or approved
Indian brands, if applicable
• Pack presentation
• Dissolution
• Assay
• Impurities
• Content uniformity
• pH
• Force degradation study
• Stability evaluation in market intended pack at proposed storage
conditions
• Packing specifications
• Process validation
58. 4. Animal Toxicology (for details refer Appendix III)
• General Aspects
• Systemic Toxicity Studies
• Male Fertility Study
• Female Reproduction and Developmental Toxicity Studies
• Local toxicity
• Allergenicity/Hypersensitivity
• Genotoxicity
• Carcinogenicity
59. 5. Human / Clinical pharmacology (Phase I)
• Summary
• Specific Pharmacological effects
• General Pharmacological effects
• Pharmacokinetics, absorption, distribution, metabolism,
excretion
• Pharmacodynamics /early measurement of drug activity
60. 6. Therapeutic exploratory trials (Phase II)
• Summary
• Study report(s) as given in Appendix II
7. Therapeutic confirmatory trials (Phase III)
• Summary
• Individual study reports with listing of sites and Investigators.
61. 8. Special Studies
• Summary
• Bio-availability / Bio-equivalence.
• Other studies e.g. geriatrics, paediatrics, pregnant or nursing
women
62. 9. Regulatory status in other Countries
• Countries where the drug is
• a. Marketed
• b. Approved
• c. Approved as IND
• d. Withdrawn, if any, with reasons
• Restrictions on use, if any, in countries where marketed
/approved
• Free sale certificate or certificate of analysis, as appropriate.
63. 10. Prescribing information
• Proposed full prescribing information
• Drafts of labels and cartons
11. Samples and Testing Protocol/s
• Samples of pure drug substance and finished product (an equivalent of
50 clinical doses, or more number of clinical doses if prescribed by the
Licensing Authority), with testing protocol/s, full impurity profile and
release specifications.
NOTE:
• All items may not be applicable to all drugs. For explanation, refer text
of Schedule Y.
• For requirements of data to be submitted with application for clinical
trials refer text of this Schedule.
64. APPENDIX I-A
DATA REQUIRED TO BE SUBMITTED BY AN APPLICANT FOR GRANT OF
PERMISSION TO IMPORT AND / OR MANUFACTURE A NEW DRUG
ALREADY APPROVED IN THE COUNTRY.
1. Introduction
• A brief description of the drug and the therapeutic class
2. Chemical and pharmaceutical information
• Chemical name, code name or number, if any; non-proprietary or
generic name, if any, structure; physico-chemical properties
• Dosage form and its composition
65. • Test specifications
(a) active ingredients
(b) inactive ingredients
• Tests for identification of the active ingredients and method of
tHis assay
• Outline of the method of manufacture of active ingredients
• Stability data
3. Marketing information
• Proposed package insert / promotional literature
• Draft specimen of the label and carton
66. 4. Special studies conducted with approval of
Licensing Authority
• Bioavailability / Bioequivalence and comparative dissolution studies for oral
dosage forms
• Sub-acute animal toxicity studies for intravenous infusions and injectables
67. Appendix II
STRUCTURE, CONTENTS AND FORMAT FOR CLINICAL STUDY
REPORTS
1. Title Page.-
•2. Study Synopsis (1 to 2 pages):
•3. Statement of compliance with the ‘Guidelines for Clinical Trials
on Pharmaceutical Products in India - GCP Guidelines’ issued by the
Central Drugs Standard Control Organization, Ministry of Health,
Government of India.
•4. List of Abbreviations and Definitions
•5. Table of contents
68. • 6. Ethics Committee
• 7. Study Team
• 8. Introduction:
• 9. Study Objective:
• 10. Investigational Plan:
• 11. Trial Subjects
• 12. Efficacy evaluation
• 13. Safety Evaluation
• 14. Discussion and overall Conclusion
• 15. List of References
• 16. Appendices
69. • List of Appendices to the Clinical Trial Report
• a. Protocol and amendments
• b. Specimen of Case Record Form
• c. Investigators’ name(s) with contact addresses, phone, email
etc.
• d. Patient data listings
• e. List of trial participants treated with investigational product
• f. Discontinued participants
70. • g. Protocol deviations
• h. CRFs of cases involving death and life theratening adverse event
cases
• i. Publications from the trial
• j. Important publications referenced in the study
• k. Audit certificate, if available
• l. Investigator’s certificate that he/she has read the report and
that the report accurately describes the conduct and the results of
the study
71. APPENDIX III
ANIMAL TOXICOLOGY (NON-CLINICAL TOXICITY STUDIES)
• Acute toxicity
• Long-term toxicity
•Reproduction studies
• Fertility studies
• Teratogenicity studies:
•Local toxicity:
•Mutagenicity and Carcinogenicity
• Application Of Good Laboratory Practices (GLP)
72. APPENDIX IV
Animal pharmacology
•General Principles
• Specific Pharmacological Actions
• Specific pharmacological actions are those which
demonstrate the therapeutic potential for humans.
73. • General Pharmacological Actions
• Essential Safety Pharmacology
• Cardiovascular System
• Central Nervous System
• Respiratory System
Supplemental Safety Pharmacology Studies
Urinary System
Autonomic Nervous System
Gastrointestinal System
Other Organ Systems
74. • APPENDIX V
• Informed consent
• APPENDIX VI
• Fixed dose combinations
75. APPENDIX VII:
• UNDERTAKING BY THE INVESTIGATOR
• Full name, address and title of the Principal Investigator
• Name and address of the medical college, hospital or other facility where
the clinical trial will be conducted
• Name and address of all clinical laboratory facilities to be
used in the study.
• Name and address of the Ethics Committee that is
responsible for approval and continuing review of the study.
• Names of the other members of the research team
• Protocol Title and Study number (if any) of the clinical
trial to be conducted by the Investigator.
76. •APPENDIX VIII
• ETHICS COMMITTEE
•APPENDIX IX
• STABILITY TESTING OF NEW DRUGS
77. APPENDIX X
• CONTENTS OF THE PROPOSED PROTOCOL FOR CONDUCTING
CLINICAL TRIALS
• 1. Title Page
• 2. Table of Contents
• 3. Study Rationale
• 4. Study Design
• 5. Study Population
• 6. Subject Eligibility
• 7. Study Assessments
78. • 7. Study Treatment
• 8. Unblinding procedures10. Adverse Events (See Appendix XI)
• 9. Ethical Considerations
• 10. Study Monitoring and Supervision
• 11. Investigational Product Management
• 12. Data Analysis
• 13. Undertaking by the Investigator (see Appendix VII)
• 14. Appendices
79. APPENDIX XI
• 1. Patient Details
• 2. Suspected Drug(s)
• 3. Other Treatment(s)
• 4. Details of Suspected Adverse Drug Reaction(s)
• 5. Outcome
• 6. Details about the Investigator*
Rm – raw material
FF – finished formulation
122-A. Application for permission to import New Drug
(1) (a) No new drug shall be imported, except under, and in accordance with, the permission granted by the Licensing Authority as defined in clause (b) of rule 21;
(b) An application for grant of permission to import a new drug shall be made in Form 44 to the Licensing Authority, accompanied by a fee of fifty thousand rupees:
Provided further that where a subsequent application by the same applicant for that drug, whether in modified dosage form or with new claims, is made, the fee to accompany such application shall be fifteen thousand rupees:
Provided further that any application received after one year of the grant of approval for the import and sale of new drug, shall be accompanied by a fee of fifteen thousand rupees and such information and data as required by Appendix 1 or Appendix 1 A of Schedule Y, as the case may be.” ;
(2) The importer of a new drug when applying for permission under sub-rule (1), shall submit data as given in Appendix 1 to Schedule Y including the results of local clinical trials carried out in accordance with the guidelines specified in that Schedule and submit the report of such clinical trials in the format given in Appendix II to the said Schedule:
Provided that the requirement of submitting the results of local clinical trials may not be necessary if the drug is of such a nature that the licensing authority may, in public interest decide to grant such permission on the basis of data available from other countries:
Provided further that the submission of requirements relating to Animal toxicology, Reproduction studies, Teratogenic studies, Perinatal studies, Mutagenicity and Carcinogenicity may be modified or relaxed in case of new drugs approved and marketed for several years in other countries if he is satisfied that there is adequate published evidence regarding the safety of the drug, subject to the other provisions of these rules.
(3) The Licensing Authority, after being satisfied that the drug if permitted to be imported as raw material (bulk drug substance) or as finished formulation shall be effective and safe for use in the country, may issue an import permission in Form 45 and/or Form 45 A, subject to the conditions stated therein:
Provided that the Licensing Authority shall, where the data provided or generated on the drug is inadequate, intimate the applicant in writing, and the conditions, which shall be satisfied before permission, could be considered.”
122-B. Application for approval to manufacture New Drug other than the drugs classifiable under Schedules C and C(1)
(1) (a) No new drug shall be manufactured for sale unless it is approved by the Licensing Authority as defined in clause (b) of rule 21.
(b) An application for grant of approval to manufacture the new drug and its formulations shall be made in Form 44 to the Licensing Authority as defined in clause (b) of rule 21 and shall be accompanied by a fee of fifty thousand rupees:
Provided that where the application is for permission to import a new drug (bulk drug substance) and grant of approval to manufacture its formulation/s, the fee to accompany such application shall be fifty thousand rupees only.
Provided further that where a subsequent application by the same applicant for that drug, whether in modified dosage form or with new claims, is made, the fee to accompany such subsequent application shall be fifteen thousand rupees:
Provided further also that any application received after one year of the grant of approval for the manufacture for sale of the new drug, shall be accompanied by a fee of fifteen thousand rupees and such information and data as required by Appendix I or Appendix I A of Schedule Y, as the case may be.”;
(2) The manufacturer of a new drug under sub-rule (1) when applying for approval to the licensing authority mentioned in the said sub-rule, shall submit data as given in Appendix I to Schedule Y including the results of clinical trials carried out in the country in accordance with the guidelines specified in Schedule Y and submit the report of such clinical trials in the format given in Appendix II to the said Schedule.
(2A) The Licensing Authority as defined in clause (b) of rule 21 after being satisfied that the drug if approved to be manufactured as raw material (bulk drug substance) or as finished formulation shall be effective and safe for use in the country, shall issue approval in Form 46 and/or Form 46 A, as the case may be, subject to the conditions stated therein:
Provided that the Licensing Authority shall, where the data provided or generated on the drug is inadequate, intimate the applicant in writing, and the conditions, which shall be satisfied before permission could be considered.
(3) When applying for approval to manufacture of a new drug under sub-rule (1) or its preparations to the State licensing authority, an applicant shall produce along with his application, evidence that the drug for the manufacture of which application is made has already been approved by the licensing authority mentioned in Rule 21:
Provided that the requirement of submitting the result of local clinical trials may not be necessary if the drug is of such a nature that the licensing authority may, in public interest decide to grant such permission on the basis of data available from other countries:
Provided further that the submission of requirements relating to Animal toxicology, Reproduction studies, Teratogenic studies, Perinatal studies, Mutagenicity and Carcinogenicity may be modified or relaxed in case of new drugs approved and marketed for several years in other countries if he is satisfied that there is adequate published evidence regarding the safety of the drug, subject to the other provisions of these rules.
Rule 122C has been omitted.
122D. Permission to import or manufacture fixed dose combination
(1) An application for permission to import or manufacture fixed dose combination of two or more drugs as defined in clause (c) of rule 122 E shall be made to the Licensing Authority as defined in clause (b) of rule 21 in Form 44, accompanied by a fee of fifteen thousand rupees and shall be accompanied by such information and data as is required in Appendix VI of Schedule Y.
(2) The Licensing Authority after being satisfied that the fixed dose combination, if approved to be imported or manufactured as finished formulation shall be effective and safe for use in the country, shall issue permission in Form 45 or Form 46, as the case may be, subject to the conditions stated therein:
Provided that the Licensing Authority shall where the data provided or generated on the fixed dose combination is inadequate, intimate the applicant in writing, and the conditions which shall be satisfied before grant of approval/permission could be considered:
122DA. – Application for permission to conduct clinical trials for New Drug/Investigational New Drug.-
(1) No clinical trial for a new drug, whether for clinical investigation or any clinical experiment by any Institution, shall be conducted except under, and in accordance with, the permission, in writing, of the Licensing Authority defined in clause (b) of rule 21.
(2) An application for grant of permission to conduct,-
(a) human clinical trials (Phase-I) on a new drug shall be made to the Licensing Authority in Form 44 accompanied by a fee of fifty thousand rupees and such information and data as required under Schedule Y;
(b) exploratory clinical trials (Phase-II) on a new drug shall be made on the basis of data emerging from Phase-I trial, accompanied by a fee of twenty-five thousand rupees;
(c) confirmatory clinical trials (Phase-III) on a new drug shall be made on the basis of the data emerging from Phase-II and where necessary, data emerging from Phase-I also, and shall be accompanied by a fee of twenty-five thousand rupees:
Provided that no separate fee shall be required to be paid along with application for import/manufacture of a new drug based on successful completion of phases of clinical trials by the applicant.
Provided further that no fee shall be required to be paid alongwith the application by Central Government or State Government Institutes involved in clinical research for conducting trials for academic or research purposes.
(3) The Licensing Authority after being satisfied with the clinical trials, shall grant permission in Form 45 or Form 45A or Form 46 or Form 46-A, as the case may be, subject to the conditions stated therein:
Provided that the Licensing Authority shall, where the data provided on the clinical trials is inadequate, intimate the applicant in writing, within six months, from the date of such intimation or such extended period, not exceeding a further period of six months, as the Licensing Authority may, for reasons to be recorded, in writing, permit, intimating the conditions which shall be satisfied before permission could be considered:
Explanation – For the purpose of these rules Investigational New Drug means a new chemical entity or a product having therapeutic indication but which have never been earlier tested on human being.
122DB, Suspension or cancellation of Permission / Approval.
If the importer or manufacturer under this Part fails to comply with any of the conditions of the permission or approval, the Licensing Authority may, after giving an opportunity to show cause why such an order should not be passed, by an order in writing stating the reasons therefor, suspend or cancel it.
122DC. Appeal.
Any person aggrieved by an order passed by the Licensing Authority under this Part, may within sixty days from the date of such order, appeal to the Central Government, and the Central Government may after such enquiry into the matter as is considered necessary, may pass such order in relation thereto as it thinks fit.”