Draft Amendments to Medical Devices Rules, 2017 and Drugs Rules, 1945

Notification/Circular No.: G.S.R. 515(E) & G.S.R. 509(E) dated June 23, 2026
Applicable Act/Rule: Drugs and Cosmetics Act, 1940; Medical Devices Rules, 2017; Drugs Rules, 1945
Applicable Section/Rule: Rules 20, 21, 23, 25 under Medical Devices; Rules 33, 34, 35, Schedule A (Form 12) under Drugs Rules

Ministry of Health and Family Welfare published two draft amendment notifications dated June 23, 2026, under the Drugs and Cosmetics Act, 1940, after consultation with the Drugs Technical Advisory Board — one amending the Medical Devices Rules, 2017, the other amending the Drugs Rules, 1945. Objections/suggestions may be sent to the Under Secretary (Drugs), MoHFW, or emailed to drugsdiv-mohfw@gov.in.

Medical Devices Rules, 2017 (Class B devices):

  • Rule 20(5): State Licensing Authority to complete scrutiny and assign Class B applications to notified bodies within 30 days of online submission; rectifiable-deficiency period reckoned from date of removal of deficiencies.
  • New Rule 20(5A): Manufacturing site must conform to Fifth Schedule Quality Management System requirements, verified by Notified Body audit before licence grant.
  • Rule 20(6)(i): Site audit by registered Notified Body within 30 days of assignment; report submitted to State Licensing Authority.
  • New Rule 20(6)(i)(a): Non-conformance found during audit — compliance verification within 20 days of receiving manufacturer’s compliance report.
  • Rule 20(6)(ii): Notified Body’s final report with recommendations due within 15 days of audit completion.
  • Rule 21(4): “forty five” days replaced with “thirty” days.
  • Rule 23(1): “sixty” days replaced with “fifty five” days.
  • New Rule 23(3): Non-conformance found during inspection — compliance verification within 15 days of receiving manufacturer’s compliance report.
  • Rule 25(1): “forty-five” days replaced with “twenty” days.

 

Drugs Rules, 1945 (import for analytical/non-clinical testing):

  • Rule 33(a)-(e): References to “licensee”/”licence”/”Form 11” extended to include “acknowledgement of prior intimation under proviso to Rule 34(1)”.
  • Rule 34: New proviso — import of drugs for analytical and non-clinical testing (excluding sex hormones, cytotoxic, beta lactam, biologics with live microorganisms, narcotic/psychotropic drugs) permitted via online Form 12 application as prior intimation to Central Licensing Authority; import allowed on acknowledgement of such intimation.
  • Rule 35: Marginal heading and sub-rule (1) extended to cover prior-intimation acknowledgement; Rule 35(2) substituted — licensee/acknowledgement holder whose licence/acknowledgement is cancelled may appeal to Central Government within 3 months of the order.
  • Schedule A, Form 12: Heading and opening paragraph amended to read “LICENCE OR PRIOR INTIMATION”.

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