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Central Government Act
Section 122E in The Drugs and Cosmetics Rules, 1945
418 [ 122E Definition of new drug. —For the purpose of this part, new drug shall mean and include—
419 [(a) A drug, as defined in the Act including bulk drugs substance which has not been used in the country to any significant extent under the conditions prescribed, recommended or suggested in the labelling thereof and has not been recognised as effective and safe by the licensing authority mentioned under rule 21 for the proposed claims: Provided that the limited use, if any, has been with the permission of the licensing authority.]
(b) A drug already approved by the licensing authority mentioned in rule 21 for certain claims, which is now proposed to be marketed with modified or new claims, namely, indications, dosage, dosage form (including sustained release dosage form) and route of administration.
(c) A fixed dose combination of two or more drugs, individually approved earlier for certain claims, which are now proposed to be combined for the first time in a fixed ratio, or if the ratio of ingredients in an already marketed combination is proposed to be changed, with certain claims, viz ., indications dosage, dosage form (including sustained release dosage form) and route of administration. ( See items (b) and (c) of Appendix VI to Schedule Y).
Explanation. —For the purpose of this rule—
420 [(i) all vaccines and Recombinant DNA (r-DNA) derived drugs shall be new drugs unless certified otherwise by the Licensing Authority under rule 21;]
(ii) a new drug shall continue to be considered as new drug for a period of four years from the date of its first approval or its inclusion in the Indian Pharmacopoeia whichever is earlier.]]
(i) all vaccines shall be new drugs unless certified otherwise by the licensing authority under rule 21;”.