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Forensic Pharmacy
(Pharmaceutical Jurisprudence)
Phr.Sanjiv Pandey
History of Pharmaceutical
Development in Nepal
 Chandra dispensary 1816AD
 Bir Hospital 1890
 Production of modern medicine 1960's
 Master plan of government 1955
 Establishment of RDRL now NML 1964
 Establishment of Nepal Pharmaceutical Association 2028
 Role of RDRL and NPAChandra dispensary 1816AD
 Bir Hospital 1890
 Production of modern medicine 1960's
 Master plan of government 1955
 Establishment of RDRL now NML 1964
 Establishment of Nepal Pharmaceutical Association 2028
 Role of RDRL and NPA
Pharmaceutical Production
 Nepal Pharmaceutical Works 1969 at Godawari but
could not be materialized
 Chemidrug Industries 2026 BS
 Royal Drugs Limited 2029
 Gap 2029 to 2038
 Manoj, Everest, Lomus, NPL (2038 to 2041)
 Mushrooming of Saline manufacturing units (2038 to
2043)
 Failure of saline industries
 Role of Nepal Pharmaceutical lab
 Increment of pharma industries (2050's)
 GMP certification (2060)
Community Pharmacy
Sector
 400 drug retailer in 2035
 Before Drugs Act (DDA) period
 After Drugs Act period
 Orientation training and its drawbacks
Pharmaceutical
Association/Manpower
 10 pharmacists in 2028
 Certificate pharmacy in IOM (2030) initiation by Mr.
Paul David Spivey
 About 2226 graduate and 4600 certificate pharmacist
till dated.
 Kathmandu University for BPharm in 1994 AD
 Pokhara University 2001
 Tribhuban University BPharm, 2000
 BPharm in Purbanchal University, 2062
 Purbanchal University, 2005
 29 Diploma Pharmacy colleges
 Now about 2226 graduate pharmacist and 4600
certificate pharmacist (most of them are not in
pharmacy job)
Hospital Pharmacy
 Started by British through mission
hospitals, 1950s’
 Hospitals were having post of pharmacists
in 2030's
 Compounding and dispensing activities
were existed up to health posts
 Now no government hospital is having
hospital pharmacy
 Few private and teaching hospitals are
having good hospital pharmacy (Manipal,
Dhulikhel, Model etc)
Forensic Pharmacy:-
 Definition of Forensic Pharmacy
 Forensic Forencis (Latin term)≡
 A branch of pharmacy that deals
 drugs and pharmaceuticals and profession of
pharmacy.
 Consist of Acts, Rules, Statutes, Schedules,
Sections
 Forensic Pharmacy is;
 “A forum or a place inter
 assembly for judicial and other
 Pharmacy”
Drug Act. 2035 (1978)
An Act made to provide for the regulation of drugs
• The Main objectives of
Drug Act:-
 • The Main objectives of Drug Act:
To prevent misuse and abuse of drugs
To prevent misleading information
relating to use of drugs
To regulate and control the production,
marketing, distribution, sale, export-
import, storage and use of drugs which
are not safe, effective and of standard
quality
Preamble
 Whereas, it is expedient to prohibit the
misuse or abuse of drugs and allied
pharmaceutical materials as well as the
false or misleading information relating
to efficacy and use of drugs and to regulate
and control the production, marketing,
distribution, export-import, storage
and utilization of those drugs which are
not safe for the use of the people,
efficacious and of standard quality.
Short Title. Extent and
Commencement:chapter-1
(1) This Act may be called the "Drugs Act.
2035 (1978)".
(2) This Act shall extend throughout the
Kingdom of Nepal.
(3) Section 1 of this Act shall come into force
immediately and other sections shall
come into force in specified areas on
such date as of Nepal may, by
notification in the Nepal Gazette,
appoint from time to time
2. Definitions: Unless the subject or context
otherwise requires. in this Act
(a)"Drugs" means any substance intended
to be used for or in the diagnosis. cure.
mitigation. treatment or prevention of
disease in human beings, animals or
birds or any substance intended to be
used for the destruction of vermin or
insects which cause disease in human
beings. animals or birds or any article
intended to affect the structure or any
organic function of the body of human
beings. animals or birds or such
ingredients or components intended to
use for the preparation of such drugs.
Definition-2
(b)"Manufacture" means any process or part of process
for making, preparing, refining, altering, packing,
repacking or labeling. Provided that the word does
not include the process of dispensing, packing or
repacking the drug before administering or selling,
the drugs.
(c)"Dispensing" means the issuing of the drug in a
suitable container, appropriately labeled and
compounded for the subsequent administration to
the patient.
Explanation:
 For the purpose of this clause "compound" means the
process of mixing two or more measured
ingredients to fabricate them into a single drug.
Definition contd…
(d) "Label" means the name and the description of the
drug written on the same container of the drug.
(e) "Physician" means the physician registered pursuant
to the Nepal Medical Council Act. 2020 (1964).
(f) "Administration" means the giving or using a drug
to a patient for the improvement of his physical or
mental condition at that time either by a physician or
by a person authorized by him or the act of taking or
administering such drug by the patient himself
according to the prescription written by such
physician.
(g) "Department" means the Department of Drug
Administration constituted pursuant to Section 5.
CHAPTER-2
DRUGS CONSULTATIVE
COUNCIL AND THE DRUGS
ADVISORY COMMITTEE
3. Drugs Consultative Council:
(1) Drugs Consultative Council shall be
constituted as specified to advise
NepalGovernment on the basic
principles and administrative
matters relating to drugs.
(2) The functions, duties and powers
of the Drugs consultative Council
shall be as specified.
4. Drugs Advisory Committee:
(1) Drugs Advisory Committee shall be
constituted as specified. to advise
the Department on the technical
matters in relation to research,
development and control of drugs.
(2) The functions. duties and powers of
the Drugs Advisory Committee shall
be as specified.
CHAPTER-3
RESEARCH AND CONTROL OF
DRUGS
5. Department of Drug
Administration:
(1) NepalGovernment shall establish a
Department of Drug Administration for
the purpose of carrying out the
objectives of this Act.
(2) The department established in pursuant
to sub-section (1). shall carry out all the
functions relating to control of drugs
under this Act and the Rules framed
under this Act.
6. Royal Drug Research Laboratory
and Other Laboratories:
(1) The Royal Drug Research Laboratory established by
NepalGovernment shall be the principal body of
NepalGovernment for the scientific research,
testing and analysis of the drugs.
(1Ka)The procedure for scientific research, testing and
analysis of the drugs shall be as specified.
(2) Any person or institution whether national or
foreign may establish other research centers or
laboratories for the scientific research and
development of any drug with taking approval of
NepalGovernment.
CHAPTER-4
MANUFACTURE, SALE,
DISTRIBUTION AND
EXPORT-IMPORT OF DRUGS
7. Obtaining the letter of recommendation for the
establishment of drug industries:
 Any person desirous to establish an
industry for the manufacture of drugs
shall obtain a letter of
recommendation from the
Department as specified prior to
obtain the approval of Nepal
Government pursuant to prevailing
law.
8. Obtaining the product-
license:
(1)After the establishment of drug industry by obtaining
the recommendation from the department pursuant to
Section 7, the person manufacturing the drug shall
register the drug on payment of specified fee and
should obtain the product license from the
Department prior to the manufacture of drugs as
specified.
(2)All drug industries which have been established prior
to the commencement of this Act shall also register
the drug in the Department pursuant to sub-section
(1) on payment of specified fee and shall obtain the
product license as specified.
8ka. Product to be registered
(1) The industries manufacturing drugs
shall register their products in the
department paying fee as specified
and obtain the license for each
product.
(2) The importer desirous to import
drugs shall register the product
paying specified fee and obtain the
import registration license.
9. Obtaining the letter of recommendation for
export-import of drugs
 Any person desirous in export-import
of drugs shall obtain the letter of
recommendation from the
department as specified on paying
the fee prior to obtaining the export-
import license pursuant to the
prevailing laws paying the specified
fee.
10. Registration of name for the
sale and distribution of drugs:
 Any person who sells and distributes
the drugs shall have to register owns
name and shop or firm in the
department as specified on payment
the specified fee and shall obtain a
certificate paying fee as specified.
10Ka. Only the registered products
shall be sold
 The shop registered under section 10
shall sell only products which are
registered under section 8Ka.
11. Period of validity and renewal of product
license, a letter of recommendation and certificate:
(1) The period of validity of product license pursuant to
Section 8, 8ka, 9 and 10 shall be valid for two years
from the date of issuance.
(2) Each license should be renewed for every year after
paying the fee as specified within 35 days of the
expiry.
(2) If someone failed to renew the license as per sub
section (2) can renew within 3 months period of
expiration taking 25% fine to the fee specified. There
should be a genuine cause of failure of expiration of
the license. The license will be void if failed within
this period.
CHAPTER 5
STANDARD OF QUALITY OF
DRUGS
12. Drugs to be safe for the use of the
people efficacious and of standard quality:
 Every drug shall have to be safe for
the use of the people, efficacious and
of standard quality of maintaining of
the standard quality as specified.
13. Prohibition of manufacture. sale-distribution, export-
import storage or administration of drugs which are not
of standard as specified:
 No, drug, shall be manufactured,
sold, distributed, exported-imported,
stored or caused to be stored or
administered, which is not safe for
the use of the people, efficacious, and
of low standard.
14. Return of the drugs which are not safe for the
use of the people, efficacious and of standard
(1) The drugs which have been marketed for sale and
distribution, are not safe for the use of the people,
efficacious and of standard quality in pursuant to
Section 12. the manufacturer or their agent shall
return of such drugs from the seller or distributor.
(2) The drugs which are not sale for the use of the
people, efficacious and of standard quality are being
marketed for sale and distribution are happened to
come into the knowledge of the administrator by any
means, he may cause the return of such drugs from
seller or distributor to the manufacturer.
15. Remittance of indemnity:
 If any person died or caused to injury in
the health of any person due to such drugs
which are not safe for the use of the
people, efficacious and of standard quality,
the manufacturer shall be responsible for it
and the manufacturer shall pay the
compensation as specified to the successor
of the deceased in lieu of death and to the
person who has been injured.
16. Submission of the letter of
guarantee in the Department:
 The manufacturer or the authorized
agent of the manufacturer shall
submit the letter of guarantee to the
department mentioning that licensed
products as per section 8Ka of the act
are safe, efficacious and of standard
quality.
17. The drugs may be classified into different categories
(1) The drug may be classified as specified into different categories or
sub-categories.
(2) No person shall sell or distribute the drug without the prescription of
a physician which has been categorized not to be sold or distributed
without the prescription of a physician while classifying it pursuant to
sub-section (1) The Pharmacist or assistant pharmacist or the
professional himself shall sell or distribute such drugs while selling or
distributing them according to the prescription of a physician and if
somebody other than the pharmacist or the professional sells or
distributes such drugs the presence of the pharmacist or the
professional is compulsory.
(3) The drug which has been categorized as to be sold or distributed only
in presence of a pharmacist or pharmacy assistant or professional or
anyone of them while classifying them in pursuant to sub-section
(2), may be sold or distributed only by them or in their presence.
(4) Any seller may on the basis of his experience, sell the drugs other
than those categorized pursuant to sub- sections (2) and (3), in
appropriate quantity .
Explanation:
 "Pharmacist" means any person who is a
graduate in pharmacy or post graduate in
pharmaceutics or a person recognized by
the Drugs Advisory Committee on the
ground that he has experience on the
matters relating to drugs, Pharmacy
assistant means certificate level in
pharmacy or equivalent and
“Professionalist" means the person who has
acquired the qualifications as specified by
the Drugs Advisory Committee and
recognized by that Committee.
18. Prohibition of misuse or
abuse of drugs:
(1) No person shall misuse or abuse of
drugs.
(2) Sale and distribution of any drug in
contravention to the provisions made
in sub-sections (2) and
(3) of Section 17, shall be deemed to
have been misused or abused of such
drug.
19. Prohibition of false or
misleading advertisements relating
to drugs:
(1) No person shall publish or advertise false
or misleading information relating to the
use, utility or efficacy of any drug.
(2) Any person desirous to make publicity or
advertisement of any drug shall obtain the
letter of permission as specified from the
Department on paying the specified fee for
that purpose.
CHAPTER-6
ENQUIRY AND INSPECTION
20. The Inspector may enquire and inspect:
(1) The Inspector may inspect, enquire and search any
place, wherein any drug is being manufactured, stored,
sold, distributed or transported.
(2) While the Inspector is making the inspection, enquiry
or search pursuant to sub-section (1) if he has
reasonable doubt that any drug is not safe for the use
of the people, efficacious and of standard quality or has
reasonable grounds to believe that an offence has been
committed or is being committed in contravention of
this Act or the Rules framed under this Act. The
inspector shall seal such drug found by him and entrust
it to the owner, obtain a receipt from the owner and
detain the drug and order for stopping such activities.
Contd…
(3) On making inspection, enquiry or search or detain of
the drug or on sending the sample for testing by the
inspector under this Act, he shall submit the report to
the Administrator within three days of such actions.
(4) The drug which has been detained by the inspector in
pursuant to sub-section (2), is proved from the
analysis or test of research centre, laboratory,
hospital, Pharmacy or clinic that it is not safe for the
use of the people, efficacious or of standard quality
such drug may be seized or destroyed by the order of
the Administrator and while issuing such order, he
may order to cancel the letter of recommendation,
product license, certificate or letter of permission
given or issued under this Act.
Contd…
1. (4Ka)If in case the drug analyzed as per section (4)
found to be safe, efficacious and standard quality, but
the person is defying the act and rules and there under
on carrying out production, sale, distribution, store,
transportation, import or export the administration may
order for seize the drugs and order for suspend of such
licenses for up to six months.
2. (5) While destroying the drug pursuant to sub-section
(4), the cost of such destruction shall be borne by the
manufacturer. The drug which has been detained from
the seller, if it is to be destroyed, the value of such drug
received by the manufacturer from the seller shall be
reimbursed to the seller form the manufacturer.
3. (6) For the purpose of this section, the department, on
its need can assign to any specialist for the purpose of
inspection and investigation.
21. Right to file a complaint to Nepal Government
against the order of the Administrator:
(1) The person who is not satisfied with the
order of the administrator for the
cancellation of letter of recommendation,
product license, certificate or letter of
permission or suspension of license in
pursuant to sub-section (4) and (4Ka) of
section 20 may, file a complaint to the
secretary, Ministry of Health within thirty
five days form the date on which the notice
of such order is issued to him.
(2) The decision against complaint should be
completed within 3 months.
22. Procedures to be followed while
making inspection or enquiry:
 A specified method and procedure is
to be followed while making
inspection, enquiry or search under
this Act.
23. Qualifications of the Inspector and Analyst:
(1) The followings shall be the qualification for an
Inspector :
(a) Graduate in pharmacy, or
b) ………………….
c) …………………..
(d) Certificate in pharmacy or equivalent and five years'
work experience.
(2) The following shall be the qualifications for an
Analyst.
(a) Graduate in pharmacy, or
(a1) Post graduate in chemistry, or
(b) Graduate in chemistry and at least 3 years'
experience in analytical works.
24. Sending the sample of the
drug for test:
 The Inspector shall send the sample
of the drug which has been detained
or seized in the course of inspection
or enquiry .for the test or the analysis
to the research center, laboratory,
hospital, dispensary or as specified
and the Analyst shall also make
necessary take or analysis and send
the report of that analysis to the
Administrator on specified form.
CHAPTER-7
MISCELLANEOUS
25. Nepal Government may, prohibit the
manufacture, sale, distribution, storage,
transportation or export, import or administration of
the drugs:
 If it is deemed necessary to prohibit
the manufacture, sale, distribution,
storage, transportation or export-
import of any drug, Nepal
Government may, by a notification
published in the Nepal Gazette, order
to prohibit the manufacture, sale.
distribution. storage. transportation
or export-import or administration of
such drugs.
26. The price of drugs may be
fixed:
 If it is deemed necessary , the
department with taking approval of
Nepal Government may fix the price
of any drug.
27. Provision of prescriptions:
 Issue of prescription by specified
doctor, integrated doctor or other
health professionals for the drugs
categorized in pursuant to Section 17
will be as specified.
28. Prohibition in manufacturing, selling,
distribution, dispensing, storage or export-import of
drugs without arranging the necessary materials:
 No Person shall manufacture, sale,
distribute, dispense, store or export-
import any drug unless necessary
materials and manpower as specified
have been arranged in appropriate
quantities essential for the
manufacturing, selling, distribution,
dispensing, storage, or export-import
of such drugs.
29. Prohibition in adulteration of
drugs and sale of adulterated drugs:
(1) No person shall adulterate any drug
so as to minimize its effect, reduce or
change its effect or cause to injury or
sell, exhibit it for sale or dispense
such drugs knowingly to be so.
(2) No person shall sell any other
substance stating it as a drug.
30. Prohibition on sale or
distribution of date expired drugs
 No person shall sell or distribute any
drug which is date expired.
31. Obtaining the letter of
permission from the Department for
a clinical trial of a new drugs:
 Any person desirous to have a clinical trial
of any new drug, shall obtain a letter of
permission, as specified for that purpose
from the Department.
Explanation
 For the purpose of this Section "Clinical
Trial" means the act of testing of a drug by
administering it to any patient or other
person with his consent in hospital or such
other health centers as specified in the
letter of permission, for the purpose of
ascertaining whether or not it is proper to
bring any new drug into use.
32. Disclosure of the system and other
particulars while manufacturing any drug:
(1) While manufacturing any drug, the
manufacturer shall mention the systems in
the label whether that drug is produced
under Allopathic Ayurvedic, Homeopathic or
Unani system.
(2) While manufacturing any drug the possible
side effects from the administration of such
drug shall be mentioned as specified.
33. Protection of narcotic and
poisonous drugs:
(1) Drugs which have been specified as
narcotic and poisonous shall be kept safely
with clear label on it as specified.
(2) The person who sells or distributes the
narcotic and poisonous drugs pursuant to
sub-section (1), shall maintain a record of
narcotic and poisonous drugs sold or
distributed by him in the specified form and
the prescription, relating to such narcotic
and poisonous drugs written by the doctor
shall be attached with such record.
34. Penalty:
(1) Any person who contravenes any of the provisions of chapter 4 or commits
an offence contrary to the order made pursuant to Section 25, shall be
punished with imprisonment up to three years or fine up to rupees
twenty five thousand or with both.
(2) In contrary to section 18, whoever abuse or misuse of drugs, whoever
adulterates the drug or sells adulterated drug or sells any other substance
stating that as a drug in contrary to the provisions of Section 29 or sell or
distributes date-expired drug in contrary to the provision of Section 30, or
whoever works in contrary to section 33 shall be punished as follows:
(a) If there is a possibility of risk against the life, life imprisonment or
imprisonment up to ten years and fine.
(b) If there is a possibility of damage or loss the capacity of any organ of the
body, imprisonment up to ten years and fine, and,
(c) In other conditions, imprisonment up to five year or fine or with both.
(3) Except the provisions made pursuant to sub-section (1) and (2) person who
commits any offence in contrary to the provisions of this Act or the Rules
framed there under shall be punished with imprisonment up to one year
or fine up to rupees five thousand or with both.
35. Maximum limit of fine
imprisonment in lieu of fine:
(1)For the purpose of fining in pursuant to the sub- section (2) of
section 34, the maximum limit of fine shall be charged while
fixing the amount of fine according to the value of assets or up
to rupees one lakh whichever is more. But excessive fine shall
not be fixed which is not suitable to the condition of the
offender or circumstance of offence.
(2) While fixing the punishment in lieu of fines in pursuant to
sub-section (1) the official hearing the case, shall specify the
period of imprisonment in lieu of fine which if not paid.
(3) Where the punishment with fine has been imposed for any
offence and if the punishment with imprisonment is included in
such penalty no imprisonment more that five y-ears shall be
imposed to the non-payment of fine in pursuant to sub-section
(2). If the life imprisonment has been imposed no punishment
of additional imprisonment shall be imposed.
36. Right to register the patent
of drugs:
 The right relating to the registration
of patent of drugs shall be under the
prevailing law.
37. Delegation of Authority:
 Nepal Government may delegate to
any official all or any of the authority
conferred in pursuant to this Act,
reserved to be exercised by the
Administrator.
38. Nepal Government to be
plaintiff (Applicant)
 Nepal Government shall be plaintiff to
the cases which shall be proceeded
under this Act.
39. Investigation and filing of the case:
(1) Investigation of the case relating to the offence punishable under
this Act, shall be made by the inspector and the case shall be
filed to the officer who is authorized to hear the case after the
completion of such investigation.
(1Ka) In process of investigating case under sub-section (1) the
inspector shall have right to arrest the offender, to search any
place related to offend, to seize or hold the documents or other
material in his/her responsibility and prepare statement of
opinion of witnesses..
(1Kha) In process of investigation under sub-section (1) & (1Ka)the
inspector shall take statement of opinion of offender and put on a
fixed day to report the court, release on bail or detain for up to
25 days with prior permission of the court.
(1Ga) In process of investigating & filling the case under sub-section
(1Ka) & (1Kha) as deemed necessary the inspector may take help
from police official. In such case, it the duty of police official to
help.
(2) The inspector may consult with the Public Prosecutor in the
course of investigation and filing of the case in pursuant to sub-
section (1). After the filing of case the public Prosecutor shall
plead and appeal.
40. Power to frame Rules:
 Nepal Government may frame Rules
to carry-out the purposes of this Act.
Drug Consultative Council
and Drug Advisory
Committee Regulation, 2038
3. Constitution of Drug
Consultative Council
(a) The following shall be the composition of council
 Hon. Minister of Health Chairperson
 Member, National Planning Commission Member
 Secretary, Ministry of Law & Justice Member
 Secretary, Ministry of Finance Member
 Secretary, Ministry of Health Member
 Secretary, Ministry of Ind.& Commerce Member
 Chief, Royal Drug Research Laboratory Member
 Three Pharmacy experts nominated by govt Member
 Chief Drug Administrator Member secretary
(b) Tenure of the committee shall be three years
(c) Any foreign or Nepali expert as recognized by Council can be
an observer
(d) Nepal Government can change the composition of council
through gazette notification.
4. Functions, duties and
responsibilities of council
1) On the interest of the country hence
to make the country independent by
not using the import based raw
materials, the council shall provide
advice on the matter related
principles and administrative matters
to the government to depend and
exploit the locally available plant
based resources in the production.
Functions contd….
2) The council shall provide advice on the following matters
also:
 To develop policy on the development of drug, research,
production, sale and distribution, administration, export/import
of drugs
 Formulate programme on the basis of the developed policy
 To mobilize the recourses to implement the formulated
programme
 To work for the coordination and cooperation between the
different government organisations
 To fix the drug price
 To develop basic need for the patent registration
 To prohibit the manufacture, sale and distribution of drugs
 To recognize the domestic or foreigh laboratories for quality
control and analysis of drugs if needed
 To hear the complaints regarding the drug
 To solve the problems concerning the drugs act and rules
there under
5. Constitution of Drug Advisory
Committee
a. Constitution
 Secretary, Ministry of Health Chairperson
 Administrator, DDA Vice Chairperson
 Director General, Dept of Health Services Member
 Director General, Department of Livestocks Member
 Chief, Royal Drug Research Laboratory Member
 Representative, Ministry of Law & Justice Member
 Representative, Nepal Pharmaceutical Association Member
 Representative, Nepal Medical Association Member
 Representative, NCDA Member
 Three Pharmacy experts nominated by the NG Member
 Senior Pharmacist, DDA Member secretary
(b) Tenure of the committee shall be three years
(c) Any foreign or Nepali expert as recognized by Council can be an
observer
(d) Nepal Government can change the composition of council through
gazette notification
6. Functions, duties and
responsibilities of committee
1. To advice the DDA in research & development, control on drugs
2. To prepare Nepal Pharmacopoeia and related books
3. To recognize other pharmacopoeias till the Nepal Pharmacopoeia
is not developed
4. To develop the following codes
 Production of drugs & allied materials, dispensing, sale & distribution,
import/export, transportation, storage and administration
 To control on the abuse or misuse of drugs and allied materials
 To control the false & misleading advertisement of drugs
 Procedure of recall of unsafe, substandard and unefficacious drugs
 Letter of guaranty
 Record of narcotic and poisonous drugs (format)
 Classification of drugs for prescriptive purpose and fix the conditions
 Recognize the pharmacist and the person having knowledge in
pharmacy
 To recognize "Byabasahi"
 The committee can constitute subcommittees under the leadership of a
member.
DRUG REGISTRATION REGULATION,
2038
3. Letter of recommendation for establishment of
industry (Related with section 7 of the act)
 The followings are the required documents
 Application as per schedule 1
 feasibility study report
 Market aspect
 Technical expects
 Assets detail
 Operating cost details
 Working capital details
 Revenue details
 Financial analysis
 Plant layout
 Copy of citizenship certificate
 Fees Rs. 2000.00
 The letter is given as per schedule 2
4. Product license (Related with
section 8 of the act)
 Should be obtained by the industries which were
established before the enforcement of the act
The followings are the required documents
 Application as per schedule 3
 (Trade name, composition, pharmacological kind,
color etc information is included in schedule 3 & 4)
 Copy of letter of recommendation
 Copy of registration of Industry Department
 Registration of the product detail in register as per
schedule 4
 Fees Rs. 200.00 for each products
Product license format shall be as per schedule 5
4Ka. Market Permission (Related
with section 8Ka1 of the act)
Should be obtained by the industries which were
established before the enforcement of the amended rule
within one year.
The followings are the required documents
 Application as per Schedule 4Ka
 Product specification
 Method of analysis and quality control report from the
lab specified by department
 Labeled sampled with price mentioned
 Other specified by the department
 Fee Rs. 200.00
Market permission format shall be as per schedule Kha
4Kha. Import registration (Related
with section 8Ka2 of the act)
(1) required documents for Modern drugs
 Application as per Schedule 4Ga
 GMP certificate issued by the authorized body
 Product specification
 Method of analysis and quality control report from the
lab specified by department
 Pharmacopoeial standard
 Sample
 Other specified by the department
 Fee Rs. 2500.00 per product and for the registration
of company Rs. 50000.00
The registration license is issued as per schedule
4Nga
Contd…
(2) Required documents for other system
medicines
 Application as per Schedule 4Ga
 Details as in Granthas or Sastras
 Recommendation from concern
department for patent products
 Samples
 Other specified by the department
 Fee Rs. 2500.00 per product and for the
registration of company Rs. 50000.00
Exceptions for import
recommanation
(3)The products shall be registered on the register as per
schedule 4Gha and Registration certificate is issued.
(4) Whatever mentioned in the above rules the
department on the recommendation of Drug Advisory
Committee shall issue import recommendation on the
following conditions
 Life saving drugs on the prescription of registered
medical practitioner
 Donated drugs for government or non government
organizations
 International tendered items of the government
5. Import recommendation letter
(Related with section 9 of the act)
Required documents
 Application as per Schedule 6
 Import registration letter
 Firm registration license as per section 10
of the act
 Other specified by the department
 Fee Rs. 200.00 per product
The registration license is issued as per
schedule 7
6. Retail/Wholesale shop registration
(Related with section 10 of the act)
Required documents
 Application as per Schedule 8
 Copy of citizenship certificate
 Certificate of Pharmacist, Pharmacy Assistant or
Byabasahi certificate
 Contractual agreement
 Location map
 Fees
 Up to one lakh capital Rs. 500.00
 One to five lakh capital Rs. 1000.00
 Above five lakhs Rs. 2000.00
 The registration license is issued as per
schedule 9
7. Permission for advertisement and publicity
(Related with section 19 of the act)
Application as per Schedule 10
 Advertising material
 Fees Rs. 5000.00 & Rs. 10000.00
(electronic media)
The permission is issued as per
schedule 11
8. Permission for clinical trial of new
drugs (Related with section 31 of the act)
 Application as per Schedule 12
 Trial protocol (methodology)
The permission is issued as per
schedule 13
9. Renewal fee (Related with
section 11 of the act)
 Product licence Rs. 100
 Sales Registration Certificate Rs. 100
 Import Registration Certificate Rs.
200
 Import Recommendation Rs. 200
 Shop Rs. 500
10. Duplicate shall be issued
 First time Rs. 50.00 & second or more
Rs. 100.00
11. Should abide the codes
Drug Enquiry & Inspection
Regulation, 2040
3. Power to enquire, inspect
and search
4. Procedure for enquiry and
inspection
 Take permission
 If permission not granted power can
be used
 Should carry out the work after
sunrise and before sunset
5. Power to detain drugs from
sale
6. Power to capture the drugs,
if not received by the owner
7. Power to remove unrelated
material
8. Sampling of suspected drug
 Shall take sample
 Amount shall be specified by the
department
 Shall put the sample in three
separate containers (for DDA, owner
and laboratory)
 Inspector shall pay the cost of sample
9. Procedure for sealing the
container
 Labeling (Name, quantity, sample
code etc)
 Should close the sample properly so
that there would be no deterioration
in sample
 Container should be tied with thread
and sealed
10. Mark the sample properly
before sampling (Inspector’s
and Owner’s)
11. Inform the department if refused take
the charge by the owner or his
representative
12. Report
 Written report should be made to the
director within 3 days with reason of
collection of sample, reason of detain
etc)
13. Issue of identity card on
appointment of inspector
14. Dispatch of sealed
container to the analyst (as
specified in schedule 2)
15. Testing and analysis of
sample
16. Power to retest or
reanalyze the sample on the
request of owner
17. The owner should borne the
expenses incurred on
reanalysis
18. Recognition of research
institute or laboratory
 NG can recognize laboratory with the
permission from DCC
 NG can revoke the permission
19. Duties, responsibilities and power of
Chief Drug Administrator
 Implement the decision of secretary in
pursuant to decision under section 20 of
the act
 Investigate on the work and function of
inspectors
 Transfer of inspectors from one area to
another
 Instruct and control on the activities of the
inspectors
 Perform other duties and responsibilities
given by NG
20. Release the detained or
seized drugs if found
standard
21. The offender shall not
cause and obstruction to the
inspector
DRUG STANDARD
REGULATION, 2043
3. Nepal Pharmacopoeia
 Department prepares Nepal
Pharmacopoeia (NP) and related
official books. This pharmacopoeia
will be effective after approval of the
NG.
4. The standard of drugs (section
12 of the act) shall be as per
NP after its approval.
5. Other Pharmacopoeia shall
be recognized
 Recognition of other pharmacopoeia:
Till the time NP is developed
Pharmacopoeia mentioned in
Schedule 1 will be the standard for
drugs
 The government can recognize the
pharmacopoeia mentioned in
schedule 1 though the NP is effective
6. Standardization of drugs
 The standard of drugs shall be approved after the
approval of the DAC
 The manufacture can apply for the standardization of
drugs those not included in the recognized
pharmacopoeia for which the manufacturer should
apply to the department as per schedule 2.
 The department shall take consent from DAC and
approve the standard of such drugs
 The department if deemed necessary may fix the
standard for quality control and analysis of such drugs
 If the departments desires for the method of analysis
of drugs, it is the duty of importer to provide such
documents to the department
7. Standard of drugs and implementation of
quality control & analysis methods
 Once the standard and methods are
fixed as per rule 6 the department
shall implement the provisions
 If any problem raised in process of
implementation of such methods the
department shall take advice from
the DAC and implement accordingly
8. Remittance:
 Irreversible damage of heart, liver, brain, kidney (both), lung (both) for
each Rs. 3 lakh
 Irreversible damage of one lung, one kidney for each Rs. one lakh
 Both eyes 2.5 lakh
 Both ears 2 lakh
 Nose one lakh
 Tongue 1.5 lakh
 Penis 1.5 lakh
 One eye one lakh
 One ear 70 thousand
 One hand, one leg or part of one hand and leg 80 thousands
 Parts of both hands and parts of both legs 80 thousands
 Any other internal organs other than mentioned above one lakh
 If any organ has damaged but is reversible one third amount shall be given
 Abortion of less than 28 weeks 10 thousands
 Abortion of more than 28 weeks 25 thousands
 Birth of disable baby 15 thousands
 Death 30thousands
 Whatever mentioned in above the remittance will not be more than 3 lakhs
9. Specimen for letter of
guarantee will be as given
in schedule 3
10. Classification of drugs
 Narcotic & poisonous: To be sold on the prescription
and self or presence of pharmacist or assistant
pharmacist or byabasahi is required
Examples: Pethidine.(Narcotic), Heparin (Poisonous)
 Antibiotics & hormones: Narcotic & poisonous: To be
sold on the prescription and self or presence of
pharmacist or assistant pharmacist or byabasahi is
required
Example: Amoxycillin (Antibiotic), Prednisolone
(Hormone)
 Can be sold on experience by any person
Example: Vitamin, antihistamines
11. To be stamped as prescription
filled for Schedule Ka drugs
12. Each medicine should be
labeled (schedule 5)
13. Packing insert should be
kept (schedule 6)
14. Narcotic and poisonous
should be kept safely
 Specific place
 Separated from other medicines
 Unrelated persons
15. Record of narcotic drugs
(schedule 7)
16. NG can change the
schedules

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Forensic pharmacy (pharmaceutical jurisprudence)

  • 2. History of Pharmaceutical Development in Nepal  Chandra dispensary 1816AD  Bir Hospital 1890  Production of modern medicine 1960's  Master plan of government 1955  Establishment of RDRL now NML 1964  Establishment of Nepal Pharmaceutical Association 2028  Role of RDRL and NPAChandra dispensary 1816AD  Bir Hospital 1890  Production of modern medicine 1960's  Master plan of government 1955  Establishment of RDRL now NML 1964  Establishment of Nepal Pharmaceutical Association 2028  Role of RDRL and NPA
  • 3. Pharmaceutical Production  Nepal Pharmaceutical Works 1969 at Godawari but could not be materialized  Chemidrug Industries 2026 BS  Royal Drugs Limited 2029  Gap 2029 to 2038  Manoj, Everest, Lomus, NPL (2038 to 2041)  Mushrooming of Saline manufacturing units (2038 to 2043)  Failure of saline industries  Role of Nepal Pharmaceutical lab  Increment of pharma industries (2050's)  GMP certification (2060)
  • 4. Community Pharmacy Sector  400 drug retailer in 2035  Before Drugs Act (DDA) period  After Drugs Act period  Orientation training and its drawbacks
  • 5. Pharmaceutical Association/Manpower  10 pharmacists in 2028  Certificate pharmacy in IOM (2030) initiation by Mr. Paul David Spivey  About 2226 graduate and 4600 certificate pharmacist till dated.  Kathmandu University for BPharm in 1994 AD  Pokhara University 2001  Tribhuban University BPharm, 2000  BPharm in Purbanchal University, 2062  Purbanchal University, 2005  29 Diploma Pharmacy colleges  Now about 2226 graduate pharmacist and 4600 certificate pharmacist (most of them are not in pharmacy job)
  • 6. Hospital Pharmacy  Started by British through mission hospitals, 1950s’  Hospitals were having post of pharmacists in 2030's  Compounding and dispensing activities were existed up to health posts  Now no government hospital is having hospital pharmacy  Few private and teaching hospitals are having good hospital pharmacy (Manipal, Dhulikhel, Model etc)
  • 7. Forensic Pharmacy:-  Definition of Forensic Pharmacy  Forensic Forencis (Latin term)≡  A branch of pharmacy that deals  drugs and pharmaceuticals and profession of pharmacy.  Consist of Acts, Rules, Statutes, Schedules, Sections  Forensic Pharmacy is;  “A forum or a place inter  assembly for judicial and other  Pharmacy”
  • 8.
  • 9. Drug Act. 2035 (1978) An Act made to provide for the regulation of drugs
  • 10. • The Main objectives of Drug Act:-  • The Main objectives of Drug Act: To prevent misuse and abuse of drugs To prevent misleading information relating to use of drugs To regulate and control the production, marketing, distribution, sale, export- import, storage and use of drugs which are not safe, effective and of standard quality
  • 11. Preamble  Whereas, it is expedient to prohibit the misuse or abuse of drugs and allied pharmaceutical materials as well as the false or misleading information relating to efficacy and use of drugs and to regulate and control the production, marketing, distribution, export-import, storage and utilization of those drugs which are not safe for the use of the people, efficacious and of standard quality.
  • 12. Short Title. Extent and Commencement:chapter-1 (1) This Act may be called the "Drugs Act. 2035 (1978)". (2) This Act shall extend throughout the Kingdom of Nepal. (3) Section 1 of this Act shall come into force immediately and other sections shall come into force in specified areas on such date as of Nepal may, by notification in the Nepal Gazette, appoint from time to time
  • 13. 2. Definitions: Unless the subject or context otherwise requires. in this Act (a)"Drugs" means any substance intended to be used for or in the diagnosis. cure. mitigation. treatment or prevention of disease in human beings, animals or birds or any substance intended to be used for the destruction of vermin or insects which cause disease in human beings. animals or birds or any article intended to affect the structure or any organic function of the body of human beings. animals or birds or such ingredients or components intended to use for the preparation of such drugs.
  • 14. Definition-2 (b)"Manufacture" means any process or part of process for making, preparing, refining, altering, packing, repacking or labeling. Provided that the word does not include the process of dispensing, packing or repacking the drug before administering or selling, the drugs. (c)"Dispensing" means the issuing of the drug in a suitable container, appropriately labeled and compounded for the subsequent administration to the patient. Explanation:  For the purpose of this clause "compound" means the process of mixing two or more measured ingredients to fabricate them into a single drug.
  • 15. Definition contd… (d) "Label" means the name and the description of the drug written on the same container of the drug. (e) "Physician" means the physician registered pursuant to the Nepal Medical Council Act. 2020 (1964). (f) "Administration" means the giving or using a drug to a patient for the improvement of his physical or mental condition at that time either by a physician or by a person authorized by him or the act of taking or administering such drug by the patient himself according to the prescription written by such physician. (g) "Department" means the Department of Drug Administration constituted pursuant to Section 5.
  • 16. CHAPTER-2 DRUGS CONSULTATIVE COUNCIL AND THE DRUGS ADVISORY COMMITTEE
  • 17. 3. Drugs Consultative Council: (1) Drugs Consultative Council shall be constituted as specified to advise NepalGovernment on the basic principles and administrative matters relating to drugs. (2) The functions, duties and powers of the Drugs consultative Council shall be as specified.
  • 18. 4. Drugs Advisory Committee: (1) Drugs Advisory Committee shall be constituted as specified. to advise the Department on the technical matters in relation to research, development and control of drugs. (2) The functions. duties and powers of the Drugs Advisory Committee shall be as specified.
  • 20. 5. Department of Drug Administration: (1) NepalGovernment shall establish a Department of Drug Administration for the purpose of carrying out the objectives of this Act. (2) The department established in pursuant to sub-section (1). shall carry out all the functions relating to control of drugs under this Act and the Rules framed under this Act.
  • 21. 6. Royal Drug Research Laboratory and Other Laboratories: (1) The Royal Drug Research Laboratory established by NepalGovernment shall be the principal body of NepalGovernment for the scientific research, testing and analysis of the drugs. (1Ka)The procedure for scientific research, testing and analysis of the drugs shall be as specified. (2) Any person or institution whether national or foreign may establish other research centers or laboratories for the scientific research and development of any drug with taking approval of NepalGovernment.
  • 23. 7. Obtaining the letter of recommendation for the establishment of drug industries:  Any person desirous to establish an industry for the manufacture of drugs shall obtain a letter of recommendation from the Department as specified prior to obtain the approval of Nepal Government pursuant to prevailing law.
  • 24. 8. Obtaining the product- license: (1)After the establishment of drug industry by obtaining the recommendation from the department pursuant to Section 7, the person manufacturing the drug shall register the drug on payment of specified fee and should obtain the product license from the Department prior to the manufacture of drugs as specified. (2)All drug industries which have been established prior to the commencement of this Act shall also register the drug in the Department pursuant to sub-section (1) on payment of specified fee and shall obtain the product license as specified.
  • 25. 8ka. Product to be registered (1) The industries manufacturing drugs shall register their products in the department paying fee as specified and obtain the license for each product. (2) The importer desirous to import drugs shall register the product paying specified fee and obtain the import registration license.
  • 26. 9. Obtaining the letter of recommendation for export-import of drugs  Any person desirous in export-import of drugs shall obtain the letter of recommendation from the department as specified on paying the fee prior to obtaining the export- import license pursuant to the prevailing laws paying the specified fee.
  • 27. 10. Registration of name for the sale and distribution of drugs:  Any person who sells and distributes the drugs shall have to register owns name and shop or firm in the department as specified on payment the specified fee and shall obtain a certificate paying fee as specified.
  • 28. 10Ka. Only the registered products shall be sold  The shop registered under section 10 shall sell only products which are registered under section 8Ka.
  • 29. 11. Period of validity and renewal of product license, a letter of recommendation and certificate: (1) The period of validity of product license pursuant to Section 8, 8ka, 9 and 10 shall be valid for two years from the date of issuance. (2) Each license should be renewed for every year after paying the fee as specified within 35 days of the expiry. (2) If someone failed to renew the license as per sub section (2) can renew within 3 months period of expiration taking 25% fine to the fee specified. There should be a genuine cause of failure of expiration of the license. The license will be void if failed within this period.
  • 30. CHAPTER 5 STANDARD OF QUALITY OF DRUGS
  • 31. 12. Drugs to be safe for the use of the people efficacious and of standard quality:  Every drug shall have to be safe for the use of the people, efficacious and of standard quality of maintaining of the standard quality as specified.
  • 32. 13. Prohibition of manufacture. sale-distribution, export- import storage or administration of drugs which are not of standard as specified:  No, drug, shall be manufactured, sold, distributed, exported-imported, stored or caused to be stored or administered, which is not safe for the use of the people, efficacious, and of low standard.
  • 33. 14. Return of the drugs which are not safe for the use of the people, efficacious and of standard (1) The drugs which have been marketed for sale and distribution, are not safe for the use of the people, efficacious and of standard quality in pursuant to Section 12. the manufacturer or their agent shall return of such drugs from the seller or distributor. (2) The drugs which are not sale for the use of the people, efficacious and of standard quality are being marketed for sale and distribution are happened to come into the knowledge of the administrator by any means, he may cause the return of such drugs from seller or distributor to the manufacturer.
  • 34. 15. Remittance of indemnity:  If any person died or caused to injury in the health of any person due to such drugs which are not safe for the use of the people, efficacious and of standard quality, the manufacturer shall be responsible for it and the manufacturer shall pay the compensation as specified to the successor of the deceased in lieu of death and to the person who has been injured.
  • 35. 16. Submission of the letter of guarantee in the Department:  The manufacturer or the authorized agent of the manufacturer shall submit the letter of guarantee to the department mentioning that licensed products as per section 8Ka of the act are safe, efficacious and of standard quality.
  • 36. 17. The drugs may be classified into different categories (1) The drug may be classified as specified into different categories or sub-categories. (2) No person shall sell or distribute the drug without the prescription of a physician which has been categorized not to be sold or distributed without the prescription of a physician while classifying it pursuant to sub-section (1) The Pharmacist or assistant pharmacist or the professional himself shall sell or distribute such drugs while selling or distributing them according to the prescription of a physician and if somebody other than the pharmacist or the professional sells or distributes such drugs the presence of the pharmacist or the professional is compulsory. (3) The drug which has been categorized as to be sold or distributed only in presence of a pharmacist or pharmacy assistant or professional or anyone of them while classifying them in pursuant to sub-section (2), may be sold or distributed only by them or in their presence. (4) Any seller may on the basis of his experience, sell the drugs other than those categorized pursuant to sub- sections (2) and (3), in appropriate quantity .
  • 37. Explanation:  "Pharmacist" means any person who is a graduate in pharmacy or post graduate in pharmaceutics or a person recognized by the Drugs Advisory Committee on the ground that he has experience on the matters relating to drugs, Pharmacy assistant means certificate level in pharmacy or equivalent and “Professionalist" means the person who has acquired the qualifications as specified by the Drugs Advisory Committee and recognized by that Committee.
  • 38. 18. Prohibition of misuse or abuse of drugs: (1) No person shall misuse or abuse of drugs. (2) Sale and distribution of any drug in contravention to the provisions made in sub-sections (2) and (3) of Section 17, shall be deemed to have been misused or abused of such drug.
  • 39. 19. Prohibition of false or misleading advertisements relating to drugs: (1) No person shall publish or advertise false or misleading information relating to the use, utility or efficacy of any drug. (2) Any person desirous to make publicity or advertisement of any drug shall obtain the letter of permission as specified from the Department on paying the specified fee for that purpose.
  • 41. 20. The Inspector may enquire and inspect: (1) The Inspector may inspect, enquire and search any place, wherein any drug is being manufactured, stored, sold, distributed or transported. (2) While the Inspector is making the inspection, enquiry or search pursuant to sub-section (1) if he has reasonable doubt that any drug is not safe for the use of the people, efficacious and of standard quality or has reasonable grounds to believe that an offence has been committed or is being committed in contravention of this Act or the Rules framed under this Act. The inspector shall seal such drug found by him and entrust it to the owner, obtain a receipt from the owner and detain the drug and order for stopping such activities.
  • 42. Contd… (3) On making inspection, enquiry or search or detain of the drug or on sending the sample for testing by the inspector under this Act, he shall submit the report to the Administrator within three days of such actions. (4) The drug which has been detained by the inspector in pursuant to sub-section (2), is proved from the analysis or test of research centre, laboratory, hospital, Pharmacy or clinic that it is not safe for the use of the people, efficacious or of standard quality such drug may be seized or destroyed by the order of the Administrator and while issuing such order, he may order to cancel the letter of recommendation, product license, certificate or letter of permission given or issued under this Act.
  • 43. Contd… 1. (4Ka)If in case the drug analyzed as per section (4) found to be safe, efficacious and standard quality, but the person is defying the act and rules and there under on carrying out production, sale, distribution, store, transportation, import or export the administration may order for seize the drugs and order for suspend of such licenses for up to six months. 2. (5) While destroying the drug pursuant to sub-section (4), the cost of such destruction shall be borne by the manufacturer. The drug which has been detained from the seller, if it is to be destroyed, the value of such drug received by the manufacturer from the seller shall be reimbursed to the seller form the manufacturer. 3. (6) For the purpose of this section, the department, on its need can assign to any specialist for the purpose of inspection and investigation.
  • 44. 21. Right to file a complaint to Nepal Government against the order of the Administrator: (1) The person who is not satisfied with the order of the administrator for the cancellation of letter of recommendation, product license, certificate or letter of permission or suspension of license in pursuant to sub-section (4) and (4Ka) of section 20 may, file a complaint to the secretary, Ministry of Health within thirty five days form the date on which the notice of such order is issued to him. (2) The decision against complaint should be completed within 3 months.
  • 45. 22. Procedures to be followed while making inspection or enquiry:  A specified method and procedure is to be followed while making inspection, enquiry or search under this Act.
  • 46. 23. Qualifications of the Inspector and Analyst: (1) The followings shall be the qualification for an Inspector : (a) Graduate in pharmacy, or b) …………………. c) ………………….. (d) Certificate in pharmacy or equivalent and five years' work experience. (2) The following shall be the qualifications for an Analyst. (a) Graduate in pharmacy, or (a1) Post graduate in chemistry, or (b) Graduate in chemistry and at least 3 years' experience in analytical works.
  • 47. 24. Sending the sample of the drug for test:  The Inspector shall send the sample of the drug which has been detained or seized in the course of inspection or enquiry .for the test or the analysis to the research center, laboratory, hospital, dispensary or as specified and the Analyst shall also make necessary take or analysis and send the report of that analysis to the Administrator on specified form.
  • 49. 25. Nepal Government may, prohibit the manufacture, sale, distribution, storage, transportation or export, import or administration of the drugs:  If it is deemed necessary to prohibit the manufacture, sale, distribution, storage, transportation or export- import of any drug, Nepal Government may, by a notification published in the Nepal Gazette, order to prohibit the manufacture, sale. distribution. storage. transportation or export-import or administration of such drugs.
  • 50. 26. The price of drugs may be fixed:  If it is deemed necessary , the department with taking approval of Nepal Government may fix the price of any drug.
  • 51. 27. Provision of prescriptions:  Issue of prescription by specified doctor, integrated doctor or other health professionals for the drugs categorized in pursuant to Section 17 will be as specified.
  • 52. 28. Prohibition in manufacturing, selling, distribution, dispensing, storage or export-import of drugs without arranging the necessary materials:  No Person shall manufacture, sale, distribute, dispense, store or export- import any drug unless necessary materials and manpower as specified have been arranged in appropriate quantities essential for the manufacturing, selling, distribution, dispensing, storage, or export-import of such drugs.
  • 53. 29. Prohibition in adulteration of drugs and sale of adulterated drugs: (1) No person shall adulterate any drug so as to minimize its effect, reduce or change its effect or cause to injury or sell, exhibit it for sale or dispense such drugs knowingly to be so. (2) No person shall sell any other substance stating it as a drug.
  • 54. 30. Prohibition on sale or distribution of date expired drugs  No person shall sell or distribute any drug which is date expired.
  • 55. 31. Obtaining the letter of permission from the Department for a clinical trial of a new drugs:  Any person desirous to have a clinical trial of any new drug, shall obtain a letter of permission, as specified for that purpose from the Department. Explanation  For the purpose of this Section "Clinical Trial" means the act of testing of a drug by administering it to any patient or other person with his consent in hospital or such other health centers as specified in the letter of permission, for the purpose of ascertaining whether or not it is proper to bring any new drug into use.
  • 56. 32. Disclosure of the system and other particulars while manufacturing any drug: (1) While manufacturing any drug, the manufacturer shall mention the systems in the label whether that drug is produced under Allopathic Ayurvedic, Homeopathic or Unani system. (2) While manufacturing any drug the possible side effects from the administration of such drug shall be mentioned as specified.
  • 57. 33. Protection of narcotic and poisonous drugs: (1) Drugs which have been specified as narcotic and poisonous shall be kept safely with clear label on it as specified. (2) The person who sells or distributes the narcotic and poisonous drugs pursuant to sub-section (1), shall maintain a record of narcotic and poisonous drugs sold or distributed by him in the specified form and the prescription, relating to such narcotic and poisonous drugs written by the doctor shall be attached with such record.
  • 58. 34. Penalty: (1) Any person who contravenes any of the provisions of chapter 4 or commits an offence contrary to the order made pursuant to Section 25, shall be punished with imprisonment up to three years or fine up to rupees twenty five thousand or with both. (2) In contrary to section 18, whoever abuse or misuse of drugs, whoever adulterates the drug or sells adulterated drug or sells any other substance stating that as a drug in contrary to the provisions of Section 29 or sell or distributes date-expired drug in contrary to the provision of Section 30, or whoever works in contrary to section 33 shall be punished as follows: (a) If there is a possibility of risk against the life, life imprisonment or imprisonment up to ten years and fine. (b) If there is a possibility of damage or loss the capacity of any organ of the body, imprisonment up to ten years and fine, and, (c) In other conditions, imprisonment up to five year or fine or with both. (3) Except the provisions made pursuant to sub-section (1) and (2) person who commits any offence in contrary to the provisions of this Act or the Rules framed there under shall be punished with imprisonment up to one year or fine up to rupees five thousand or with both.
  • 59. 35. Maximum limit of fine imprisonment in lieu of fine: (1)For the purpose of fining in pursuant to the sub- section (2) of section 34, the maximum limit of fine shall be charged while fixing the amount of fine according to the value of assets or up to rupees one lakh whichever is more. But excessive fine shall not be fixed which is not suitable to the condition of the offender or circumstance of offence. (2) While fixing the punishment in lieu of fines in pursuant to sub-section (1) the official hearing the case, shall specify the period of imprisonment in lieu of fine which if not paid. (3) Where the punishment with fine has been imposed for any offence and if the punishment with imprisonment is included in such penalty no imprisonment more that five y-ears shall be imposed to the non-payment of fine in pursuant to sub-section (2). If the life imprisonment has been imposed no punishment of additional imprisonment shall be imposed.
  • 60. 36. Right to register the patent of drugs:  The right relating to the registration of patent of drugs shall be under the prevailing law.
  • 61. 37. Delegation of Authority:  Nepal Government may delegate to any official all or any of the authority conferred in pursuant to this Act, reserved to be exercised by the Administrator.
  • 62. 38. Nepal Government to be plaintiff (Applicant)  Nepal Government shall be plaintiff to the cases which shall be proceeded under this Act.
  • 63. 39. Investigation and filing of the case: (1) Investigation of the case relating to the offence punishable under this Act, shall be made by the inspector and the case shall be filed to the officer who is authorized to hear the case after the completion of such investigation. (1Ka) In process of investigating case under sub-section (1) the inspector shall have right to arrest the offender, to search any place related to offend, to seize or hold the documents or other material in his/her responsibility and prepare statement of opinion of witnesses.. (1Kha) In process of investigation under sub-section (1) & (1Ka)the inspector shall take statement of opinion of offender and put on a fixed day to report the court, release on bail or detain for up to 25 days with prior permission of the court. (1Ga) In process of investigating & filling the case under sub-section (1Ka) & (1Kha) as deemed necessary the inspector may take help from police official. In such case, it the duty of police official to help. (2) The inspector may consult with the Public Prosecutor in the course of investigation and filing of the case in pursuant to sub- section (1). After the filing of case the public Prosecutor shall plead and appeal.
  • 64. 40. Power to frame Rules:  Nepal Government may frame Rules to carry-out the purposes of this Act.
  • 65. Drug Consultative Council and Drug Advisory Committee Regulation, 2038
  • 66. 3. Constitution of Drug Consultative Council (a) The following shall be the composition of council  Hon. Minister of Health Chairperson  Member, National Planning Commission Member  Secretary, Ministry of Law & Justice Member  Secretary, Ministry of Finance Member  Secretary, Ministry of Health Member  Secretary, Ministry of Ind.& Commerce Member  Chief, Royal Drug Research Laboratory Member  Three Pharmacy experts nominated by govt Member  Chief Drug Administrator Member secretary (b) Tenure of the committee shall be three years (c) Any foreign or Nepali expert as recognized by Council can be an observer (d) Nepal Government can change the composition of council through gazette notification.
  • 67. 4. Functions, duties and responsibilities of council 1) On the interest of the country hence to make the country independent by not using the import based raw materials, the council shall provide advice on the matter related principles and administrative matters to the government to depend and exploit the locally available plant based resources in the production.
  • 68. Functions contd…. 2) The council shall provide advice on the following matters also:  To develop policy on the development of drug, research, production, sale and distribution, administration, export/import of drugs  Formulate programme on the basis of the developed policy  To mobilize the recourses to implement the formulated programme  To work for the coordination and cooperation between the different government organisations  To fix the drug price  To develop basic need for the patent registration  To prohibit the manufacture, sale and distribution of drugs  To recognize the domestic or foreigh laboratories for quality control and analysis of drugs if needed  To hear the complaints regarding the drug  To solve the problems concerning the drugs act and rules there under
  • 69. 5. Constitution of Drug Advisory Committee a. Constitution  Secretary, Ministry of Health Chairperson  Administrator, DDA Vice Chairperson  Director General, Dept of Health Services Member  Director General, Department of Livestocks Member  Chief, Royal Drug Research Laboratory Member  Representative, Ministry of Law & Justice Member  Representative, Nepal Pharmaceutical Association Member  Representative, Nepal Medical Association Member  Representative, NCDA Member  Three Pharmacy experts nominated by the NG Member  Senior Pharmacist, DDA Member secretary (b) Tenure of the committee shall be three years (c) Any foreign or Nepali expert as recognized by Council can be an observer (d) Nepal Government can change the composition of council through gazette notification
  • 70. 6. Functions, duties and responsibilities of committee 1. To advice the DDA in research & development, control on drugs 2. To prepare Nepal Pharmacopoeia and related books 3. To recognize other pharmacopoeias till the Nepal Pharmacopoeia is not developed 4. To develop the following codes  Production of drugs & allied materials, dispensing, sale & distribution, import/export, transportation, storage and administration  To control on the abuse or misuse of drugs and allied materials  To control the false & misleading advertisement of drugs  Procedure of recall of unsafe, substandard and unefficacious drugs  Letter of guaranty  Record of narcotic and poisonous drugs (format)  Classification of drugs for prescriptive purpose and fix the conditions  Recognize the pharmacist and the person having knowledge in pharmacy  To recognize "Byabasahi"  The committee can constitute subcommittees under the leadership of a member.
  • 72. 3. Letter of recommendation for establishment of industry (Related with section 7 of the act)  The followings are the required documents  Application as per schedule 1  feasibility study report  Market aspect  Technical expects  Assets detail  Operating cost details  Working capital details  Revenue details  Financial analysis  Plant layout  Copy of citizenship certificate  Fees Rs. 2000.00  The letter is given as per schedule 2
  • 73. 4. Product license (Related with section 8 of the act)  Should be obtained by the industries which were established before the enforcement of the act The followings are the required documents  Application as per schedule 3  (Trade name, composition, pharmacological kind, color etc information is included in schedule 3 & 4)  Copy of letter of recommendation  Copy of registration of Industry Department  Registration of the product detail in register as per schedule 4  Fees Rs. 200.00 for each products Product license format shall be as per schedule 5
  • 74. 4Ka. Market Permission (Related with section 8Ka1 of the act) Should be obtained by the industries which were established before the enforcement of the amended rule within one year. The followings are the required documents  Application as per Schedule 4Ka  Product specification  Method of analysis and quality control report from the lab specified by department  Labeled sampled with price mentioned  Other specified by the department  Fee Rs. 200.00 Market permission format shall be as per schedule Kha
  • 75. 4Kha. Import registration (Related with section 8Ka2 of the act) (1) required documents for Modern drugs  Application as per Schedule 4Ga  GMP certificate issued by the authorized body  Product specification  Method of analysis and quality control report from the lab specified by department  Pharmacopoeial standard  Sample  Other specified by the department  Fee Rs. 2500.00 per product and for the registration of company Rs. 50000.00 The registration license is issued as per schedule 4Nga
  • 76. Contd… (2) Required documents for other system medicines  Application as per Schedule 4Ga  Details as in Granthas or Sastras  Recommendation from concern department for patent products  Samples  Other specified by the department  Fee Rs. 2500.00 per product and for the registration of company Rs. 50000.00
  • 77. Exceptions for import recommanation (3)The products shall be registered on the register as per schedule 4Gha and Registration certificate is issued. (4) Whatever mentioned in the above rules the department on the recommendation of Drug Advisory Committee shall issue import recommendation on the following conditions  Life saving drugs on the prescription of registered medical practitioner  Donated drugs for government or non government organizations  International tendered items of the government
  • 78. 5. Import recommendation letter (Related with section 9 of the act) Required documents  Application as per Schedule 6  Import registration letter  Firm registration license as per section 10 of the act  Other specified by the department  Fee Rs. 200.00 per product The registration license is issued as per schedule 7
  • 79. 6. Retail/Wholesale shop registration (Related with section 10 of the act) Required documents  Application as per Schedule 8  Copy of citizenship certificate  Certificate of Pharmacist, Pharmacy Assistant or Byabasahi certificate  Contractual agreement  Location map  Fees  Up to one lakh capital Rs. 500.00  One to five lakh capital Rs. 1000.00  Above five lakhs Rs. 2000.00  The registration license is issued as per schedule 9
  • 80. 7. Permission for advertisement and publicity (Related with section 19 of the act) Application as per Schedule 10  Advertising material  Fees Rs. 5000.00 & Rs. 10000.00 (electronic media) The permission is issued as per schedule 11
  • 81. 8. Permission for clinical trial of new drugs (Related with section 31 of the act)  Application as per Schedule 12  Trial protocol (methodology) The permission is issued as per schedule 13
  • 82. 9. Renewal fee (Related with section 11 of the act)  Product licence Rs. 100  Sales Registration Certificate Rs. 100  Import Registration Certificate Rs. 200  Import Recommendation Rs. 200  Shop Rs. 500
  • 83. 10. Duplicate shall be issued  First time Rs. 50.00 & second or more Rs. 100.00
  • 84. 11. Should abide the codes
  • 85. Drug Enquiry & Inspection Regulation, 2040
  • 86. 3. Power to enquire, inspect and search
  • 87. 4. Procedure for enquiry and inspection  Take permission  If permission not granted power can be used  Should carry out the work after sunrise and before sunset
  • 88. 5. Power to detain drugs from sale
  • 89. 6. Power to capture the drugs, if not received by the owner
  • 90. 7. Power to remove unrelated material
  • 91. 8. Sampling of suspected drug  Shall take sample  Amount shall be specified by the department  Shall put the sample in three separate containers (for DDA, owner and laboratory)  Inspector shall pay the cost of sample
  • 92. 9. Procedure for sealing the container  Labeling (Name, quantity, sample code etc)  Should close the sample properly so that there would be no deterioration in sample  Container should be tied with thread and sealed
  • 93. 10. Mark the sample properly before sampling (Inspector’s and Owner’s)
  • 94. 11. Inform the department if refused take the charge by the owner or his representative
  • 95. 12. Report  Written report should be made to the director within 3 days with reason of collection of sample, reason of detain etc)
  • 96. 13. Issue of identity card on appointment of inspector
  • 97. 14. Dispatch of sealed container to the analyst (as specified in schedule 2)
  • 98. 15. Testing and analysis of sample
  • 99. 16. Power to retest or reanalyze the sample on the request of owner
  • 100. 17. The owner should borne the expenses incurred on reanalysis
  • 101. 18. Recognition of research institute or laboratory  NG can recognize laboratory with the permission from DCC  NG can revoke the permission
  • 102. 19. Duties, responsibilities and power of Chief Drug Administrator  Implement the decision of secretary in pursuant to decision under section 20 of the act  Investigate on the work and function of inspectors  Transfer of inspectors from one area to another  Instruct and control on the activities of the inspectors  Perform other duties and responsibilities given by NG
  • 103. 20. Release the detained or seized drugs if found standard
  • 104. 21. The offender shall not cause and obstruction to the inspector
  • 106. 3. Nepal Pharmacopoeia  Department prepares Nepal Pharmacopoeia (NP) and related official books. This pharmacopoeia will be effective after approval of the NG.
  • 107. 4. The standard of drugs (section 12 of the act) shall be as per NP after its approval.
  • 108. 5. Other Pharmacopoeia shall be recognized  Recognition of other pharmacopoeia: Till the time NP is developed Pharmacopoeia mentioned in Schedule 1 will be the standard for drugs  The government can recognize the pharmacopoeia mentioned in schedule 1 though the NP is effective
  • 109. 6. Standardization of drugs  The standard of drugs shall be approved after the approval of the DAC  The manufacture can apply for the standardization of drugs those not included in the recognized pharmacopoeia for which the manufacturer should apply to the department as per schedule 2.  The department shall take consent from DAC and approve the standard of such drugs  The department if deemed necessary may fix the standard for quality control and analysis of such drugs  If the departments desires for the method of analysis of drugs, it is the duty of importer to provide such documents to the department
  • 110. 7. Standard of drugs and implementation of quality control & analysis methods  Once the standard and methods are fixed as per rule 6 the department shall implement the provisions  If any problem raised in process of implementation of such methods the department shall take advice from the DAC and implement accordingly
  • 111. 8. Remittance:  Irreversible damage of heart, liver, brain, kidney (both), lung (both) for each Rs. 3 lakh  Irreversible damage of one lung, one kidney for each Rs. one lakh  Both eyes 2.5 lakh  Both ears 2 lakh  Nose one lakh  Tongue 1.5 lakh  Penis 1.5 lakh  One eye one lakh  One ear 70 thousand  One hand, one leg or part of one hand and leg 80 thousands  Parts of both hands and parts of both legs 80 thousands  Any other internal organs other than mentioned above one lakh  If any organ has damaged but is reversible one third amount shall be given  Abortion of less than 28 weeks 10 thousands  Abortion of more than 28 weeks 25 thousands  Birth of disable baby 15 thousands  Death 30thousands  Whatever mentioned in above the remittance will not be more than 3 lakhs
  • 112. 9. Specimen for letter of guarantee will be as given in schedule 3
  • 113. 10. Classification of drugs  Narcotic & poisonous: To be sold on the prescription and self or presence of pharmacist or assistant pharmacist or byabasahi is required Examples: Pethidine.(Narcotic), Heparin (Poisonous)  Antibiotics & hormones: Narcotic & poisonous: To be sold on the prescription and self or presence of pharmacist or assistant pharmacist or byabasahi is required Example: Amoxycillin (Antibiotic), Prednisolone (Hormone)  Can be sold on experience by any person Example: Vitamin, antihistamines
  • 114. 11. To be stamped as prescription filled for Schedule Ka drugs
  • 115. 12. Each medicine should be labeled (schedule 5)
  • 116. 13. Packing insert should be kept (schedule 6)
  • 117. 14. Narcotic and poisonous should be kept safely  Specific place  Separated from other medicines  Unrelated persons
  • 118. 15. Record of narcotic drugs (schedule 7)
  • 119. 16. NG can change the schedules