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Drug Licence in India

What is a Drug License?

A drug license is an official authorization or certificate issued by the government that allows an individual or business to legally sell, manufacture, or distribute drugs and medicines. This license ensures that the medicines being sold or produced meet safety and quality standards and are in compliance with the laws set by health authorities.

Without a valid drug license, businesses cannot legally operate in the pharmaceutical sector. It serves as proof that the business is following necessary regulations to ensure public health and safety by selling or manufacturing safe, high-quality medicines.

Why is a Drug License Important?

A drug license is important for several key reasons:

Legal Requirement

A drug license is required by law for anyone selling, manufacturing, or distributing drugs. Without it, your business is operating illegally, which can lead to penalties, fines, or even shut down by authorities.

Public Safety and Quality Assurance

The primary purpose of a drug license is to ensure that the medicines being sold or produced are safe, effective, and of high quality. It helps prevent the sale of substandard or harmful medicines, protecting consumers from health risks.

Building Trust and Credibility

Having a valid drug license gives your business credibility and shows that you're following legal and regulatory standards. This builds trust with customers, who will feel more confident in purchasing medicines from a licensed provider or manufacturer.

Regulatory Oversight

The license ensures that your business is regularly monitored by health authorities. This helps maintain compliance with health and safety standards, such as proper storage conditions, labeling requirements, and handling of medicines.

Business Growth and Opportunities

A drug license can open doors to new business opportunities, such as expanding your product range, working with government contracts, or selling medicines online. It also allows you to access the formal pharmaceutical market, leading to increased sales and growth.

Types of Drug Licenses

There are various types of drug licenses issued by the government, depending on the nature of the business and the activities involved. Each type of license is designed to regulate different aspects of the pharmaceutical industry, ensuring that medicines are safe, quality-controlled, and legally distributed. Here’s a more detailed explanation of the different types of drug licenses:

Retail Drug License

A retail drug license is required by businesses that sell medicines directly to consumers. This includes pharmacies, drug stores, and any other outlets that sell over-the-counter (OTC) drugs.

Key Features:

  • Purpose: To sell drugs to the public.
  • Who Needs It: Pharmacists, retail chemists, or any business involved in selling medicines in small quantities directly to customers.
  • Regulation: Ensures that the retail business follows proper guidelines for handling, storing, and selling medicines
  • Types:

    1. Retail Pharmacy License for a standalone store.
    2. Hospital Pharmacy License if the pharmacy operates within a hospital setting.
Wholesale Drug License

A wholesale drug license is needed by businesses that sell medicines in bulk to other businesses, such as pharmacies, clinics, or hospitals. This license is for those who distribute medicines but do not sell directly to the public.

Key Features:

  • Purpose: To supply medicines in large quantities to retailers, hospitals, or healthcare providers.
  • Who Needs It: Drug wholesalers or distributors who buy medicines in bulk and resell them to retailers or other entities in the healthcare sector.
  • Regulation: Ensures proper handling, storage, and transportation of medicines from suppliers to end-sellers, ensuring that the medicines reach the retailers in optimal condition.
Manufacturing Drug License

A manufacturing drug license is required by companies or individuals involved in the production or manufacturing of drugs and pharmaceuticals. This type of license ensures that the manufacturing process complies with safety standards and regulations.

Key Features:

  • Purpose: To manufacture or produce pharmaceutical products, including medicines, vaccines, and medical devices.
  • Who Needs It: Pharmaceutical companies, factories, and businesses that produce medicines, active pharmaceutical ingredients (APIs), or medical devices.
  • Regulation: The license ensures the facility meets health and safety standards, including quality control, clean room requirements, and proper waste disposal methods.
  • Types:

    1. Cosmetic Manufacturing License if the business manufactures beauty and personal care products that require a drug license.
    2. Medical Device Manufacturing License for manufacturers producing medical devices.
Import/Export Drug License

An import/export drug license is required by businesses that import drugs from other countries or export them internationally. This license ensures that the drugs being imported or exported meet the legal and safety standards of the respective country.

Key Features:

  • Purpose: To allow the legal import or export of medicines across borders.
  • Who Needs It: Businesses involved in the global trade of pharmaceutical products, including manufacturers, wholesalers, or distributors who handle international transactions of drugs.
  • Regulation: Ensures that the drugs being imported or exported comply with the regulations of both the origin and destination countries and that they meet the required quality standards.
Narcotic Drug License

A narcotic drug license is required for businesses involved in the sale, manufacture, or distribution of narcotic drugs or psychotropic substances. These are controlled substances that are strictly regulated due to their potential for abuse.

Key Features:

  • Purpose: To deal with narcotics and other restricted substances such as morphine, codeine, and certain psychiatric medications.
  • Who Needs It: Pharmacies, hospitals, and manufacturers dealing with controlled substances.
  • Regulation: The license ensures that these substances are used for medical purposes only and that their distribution and handling are closely monitored.
Ayurvedic, Siddha, and Unani Drug License

This license applies to businesses involved in manufacturing, selling, or distributing traditional Indian medicines, such as Ayurvedic, Siddha, or Unani products.

Key Features:

  • Purpose: To allow businesses to deal with herbal, traditional, or alternative medicine products.
  • Who Needs It: Manufacturers, retailers, or wholesalers dealing with Ayurvedic, Siddha, or Unani medicines.
  • Regulation: Ensures that these medicines are made using traditional methods and meet the required safety standards.
Blood Bank License

A blood bank license is needed by institutions or organizations that collect, store or distribute blood and blood products.

Key Features:

  • Purpose: To legally collect, store, and distribute blood and its components for medical use.
  • Who Needs It: Hospitals, blood banks, or healthcare providers who manage blood donations and supplies.
  • Regulation: Ensures that blood is stored and used safely for transfusions or medical procedures

Who Needs a Drug License?

A drug license is required by various types of businesses and individuals involved in the sale, manufacture, distribution, or handling of drugs and pharmaceuticals. Here’s a breakdown of who needs a drug license:

Pharmacies and Retail Chemists

Any business that sells medicines directly to the public must have a retail drug license. This includes:

  • Independent pharmacies (chemist shops)
  • Online pharmacies that sell over-the-counter medicines or prescription drugs
  • Supermarkets or stores that sell medicinal products alongside other goods

Pharmacy owners or operators must ensure their premises are compliant with safety regulations and that the drugs sold are properly stored and dispensed.

Wholesale Drug Distributors

A wholesale drug license is required by businesses that supply drugs in bulk to other businesses, such as pharmacies, clinics, hospitals, or healthcare providers. This includes:

  • Drug wholesalers purchase medicines from manufacturers and sell them to retailers
  • Importers and exporters of pharmaceuticals buy medicines in bulk from other countries and distribute them locally or internationally.

Wholesalers must ensure proper storage conditions and transport of medicines to maintain their quality and safety.

Pharmaceutical Manufacturers

If you’re involved in the production of medicines or pharmaceutical products, you need a manufacturing drug license. This applies to:

  • Pharmaceutical companies produce generic or branded medicines.
  • Factories and production units make tablets, capsules, syrups, injections, or other drug forms.
  • Manufacturers of active pharmaceutical ingredients (APIs) used in drug production.

Manufacturers must adhere to strict quality control and hygiene practices to ensure that drugs are produced safely.

Importers and Exporters of Drugs

Businesses involved in importing or exporting pharmaceutical products need an import/export drug license. This includes:

  • Companies importing medicines from foreign manufacturers.
  • Exporters selling Indian-made medicines to other countries.

This license ensures that imported and exported drugs comply with the regulatory standards of both the exporting and importing countries.

Hospitals and Clinics

Hospitals, clinics, and healthcare centers that dispense or supply medicines to patients need a drug license to legally purchase and distribute drugs. This includes:

  • Hospital pharmacies provide medication to inpatients and outpatients.
  • Private clinics may stock and distribute medicines to patients during visits.
Ayurvedic, Siddha, and Unani Medicine Sellers

Businesses involved in the production, sale, or distribution of traditional Indian medicines (Ayurvedic, Siddha, or Unani) need a specialized license, known as an Ayurvedic drug license. This includes:

  • Hospitals or clinics that run blood banks.
  • Blood donation centers or organizations managing blood supply and transfusion services.
Companies Conducting Clinical Trials

A clinical trial license is needed by pharmaceutical companies, research institutions, or medical centers that conduct clinical trials for new drugs or treatments. This includes:

  • Pharmaceutical research companies testing new drug formulations
  • Clinical research organizations (CROs) conduct trials to test the safety and efficacy of new medicines
Narcotic Drug Handlers

Any business involved in selling, manufacturing, or distributing narcotic drugs or psychotropic substances needs a narcotic drug license. This includes:

  • Pharmacies or hospitals selling narcotics for medical use (such as pain relief).
  • Manufacturers making narcotic medicines under strict supervision.

What Documents Do You Need for a Drug License?

Here's a simplified list of the basic documents you’ll need to apply for a drug license, explained in layman's terms:

Basic Documents for All Types of Drug Licenses
  • ID Proof: Your Aadhaar card, PAN card, or passport.
  • Address Proof: Something like your Aadhaar, passport, or a utility bill.
  • Business Registration: Your company’s registration certificate or GST registration.
  • No Criminal Record Declaration: A statement confirming that neither you nor your partners have criminal records related to drug laws.
Documents for Premises and Storage
  • Property Papers: Rent agreement or ownership proof for the place where you'll store or sell the drugs.
  • Premises Layout: A simple layout showing areas for storage and handling.
  • Storage Proof: Details of storage facilities, especially for items needing temperature control (like a refrigerator).
Retail Drug License
  • Pharmacist Qualification: Diploma or degree certificate of the pharmacist (like D. Pharm or B. Pharm).
  • Pharmacist Registration: Proof that the pharmacist is registered with the pharmacy council.
  • Employment Letter: If you’re hiring a pharmacist, their appointment letter.
Wholesale Drug License
  • Qualified Person’s Certificate: Proof that the person in charge has experience or qualifications to handle wholesale drugs.
Manufacturing License
  • Factory Registration: Proof that the manufacturing site is registered.
  • Manufacturing Standards: Certificates showing the facility meets safety and quality standards.
  • List of Equipment and Process Details: Description of machinery and production steps.
Ayurvedic or Traditional Medicine License
  • Medicine List: List of the herbal medicines you plan to sell or make.
  • Qualified Person’s Certificate: Proof that someone knowledgeable in Ayurvedic or traditional medicine is involved.
Import/Export License
  • Import Export Code (IEC): Registration to import or export drugs.
  • Product List: A list of all drugs you plan to import/export.

These are the key documents needed, though specific licenses may ask for a few additional items. Make sure to check the exact requirements based on the type of drug license you need.

How to Apply for a Drug License?

To apply for a drug license through Filing Lounge, follow these steps to ensure the process is smooth and compliant with legal requirements:

Step 1: Visit the Filing Lounge Website

Go to Filing Lounge and navigate to the Drug License section. You can either use the search bar or look for the relevant service under their categories.

Step 2: Choose the Type of Drug License

There are different types of drug licenses depending on the nature of your business (e.g., retail, wholesale, manufacturing, etc.). Select the appropriate license type based on your business:

  • Retail Drug License (For pharmacies or drugstores)
  • Wholesale Drug License (For bulk distribution of drugs)
  • Manufacturing Drug License (For pharmaceutical production)
  • Ayurvedic, Siddha, or Unani Drug License (For traditional medicine production and sale)
  • Import/Export Drug License (For international trade in pharmaceuticals)
Step 3: Fill in the Application Form

Once you have selected the license type, you will need to fill out an online application form. This form will ask for basic details such as:

  • Business Information: Business name, address, and type (retail, wholesale, manufacturer, etc.).
  • Owner Details: Information about the business owner or authorized signatory.
  • License Type: Specify the type of drug license you are applying for.
  • Premises Details: Information about the premises where drugs will be sold or manufactured, including hygiene standards and storage facilities.
  • Documents: Upload required documents (such as ID proof, proof of business address, premises layout, etc.).
Step 4: Submit Required Documents

For a complete application, you'll need to submit several supporting documents. Common documents required for a drug license application include:

  • Identity Proof: A government-issued ID (e.g., Aadhar card, passport).
  • Business Registration Proof: Certificate of incorporation or registration for your business.
  • Premises Proof: Lease agreement or ownership document for the business premises
  • Pharmacy or Manufacturing Facility Details: Floor plans, storage conditions, and sanitation details.
  • Other Specific Documents: Depending on the type of license, additional documents may be required (e.g., educational qualifications for a pharmacist, manufacturing licenses for factories).
Step 5: Payment of Fees

Filing Lounge will provide a payment option once your form and documents are uploaded. The fees for the drug license application depend on the type and category of the license you’re applying for.

  • Payment Options: You can pay using a credit/debit card, net banking, or other available methods on the platform.
Step 6: Application Review and Submission

Once you submit the application along with the required documents and payment, the Filing Lounge will review your submission for completeness and compliance. If everything is in order, your application will be submitted to the relevant State Drug Authority or Central Drug Standard Control Organization (CDSCO) for further processing.

Step 7: Follow-Up and License Issuance

Filing Lounge will assist in tracking the status of your application. You may be required to undergo an inspection by the authorities (particularly for manufacturing licenses). Once your application is approved and inspected, your drug license will be issued.

  • You will receive your drug license in digital or physical form, depending on the regulations of your region.
Step 8: Maintain Compliance

After receiving the drug license, it is essential to ensure that your business complies with ongoing regulations. This includes maintaining proper storage conditions, documentation, and safety standards. Filing Lounge also provides support for license renewal and compliance monitoring.

Applying for a drug license through Filing Lounge is a straightforward process. By choosing the correct type of license, filling out the necessary details, uploading required documents, and following the steps for payment and review, you can legally start or expand your pharmaceutical business. The experts at Filing Lounge will help guide you through every stage of the application to ensure a smooth process.

Proprietorship vs Limited Liability Partnership (LLP) vs Company

Features Proprietorship Partnership LLP Company
Definition A sole proprietorship is an unregistered business entity managed by a single individual. A legal contract between multiple parties to jointly manage and run a business operation. A business type that combines aspects of a partnership and the limited liability of a corporation. A registered business where owners and shareholders have limited liability.
Ownership
  • Single individual
  • Min 2 Partners
  • Max 50 Partners
  • Designated Partners: Min 2(No upper limit)
  • Min: 1 shareholder (for a private company), 7 shareholders (for a public company)
  • Max: 200 shareholders (for a private company), no upper limit (for a public company)

For One Person Company
  • Minimum: 1 individual
  • Maximum: 1 individual
Registration Time 7-10 working days
Promoter Liability Unlimited Liability Limited Liability
Documentation
  • Partnership Deed
  • PAN card of the partnership firm
  • LLP Agreement
  • Incorporation Certificate
  • PAN card of the LLP
  • MOA
  • AOA
  • Certificate of incorporation
  • PAN card of the company
Governance No specific governing law Governed by the terms outlined in the partnership deed Governed by the LLP agreement Governed by a formal structure including a Board of Directors
Transferability Business cannot be transferred Ownership transfer requires the consent of all partners as outlined in the partnership deed. Transferable Easily Transferable for public companies. In private companies, there might be some restrictions.
Compliance Requirements
  • Income tax filing if the turnover exceeds Rs. 2.5 lakhs.
  • Must file ITR 5
  • Must file ITR 5
  • File Form 11
  • Form 8
  • MCA filing
  • Auditor's appointment
  • File ITR 6

Drug Licence FAQ's

What is a Drug License?

A drug license is a legal authorization issued by the Drug Control Department allowing businesses to manufacture, sell, or distribute drugs and pharmaceutical products. It ensures that the operation complies with the safety, quality, and legal standards set by the government.

Why is a Drug License Required?

A drug license is required to regulate the sale and distribution of drugs and ensure the safety and efficacy of medicinal products available to the public. It is mandatory for any business involved in the sale or manufacture of drugs.

Who Needs a Drug License?

Individuals or entities involved in the following activities require a drug license:

  • Retail and wholesale drug dealers
  • Manufacturers of pharmaceuticals and medical devices
  • Importers and distributors of drugs
  • Online pharmacies

What are the Types of Drug Licenses?

  • Retail Drug License: For selling drugs directly to the public.
  • Wholesale Drug License: For selling drugs to pharmacies, hospitals, and other bulk buyers.
  • Manufacturing Drug License: For companies involved in the production of pharmaceutical products
  • Import Drug License: For businesses importing pharmaceutical products from other countries.

What Documents are Required to Apply for a Drug License?

Common documents required include:
  • Proof of identity and address of the applicant
  • Details of the premises (with layout)
  • Affidavit of the applicant
  • Qualification and experience of the responsible person (pharmacist or technician)
  • No-objection certificate (if applicable)
  • Fire and safety clearance certificate (if required)

How Long Does It Take to Get a Drug License?

The processing time for a drug license can vary based on the type of license and the jurisdiction. It typically takes between 2 to 6 weeks, provided all documents and requirements are met.

What is the Validity of a Drug License?

A drug license is usually valid for 5 years from the date of issuance. It can be renewed before expiry.

What Happens if I Don’t Have a Drug License?

Operating without a valid drug license can lead to penalties, fines, or even the shutdown of the business. It is illegal to sell or distribute drugs without the necessary license.

Can I Transfer a Drug License?

A drug license is non-transferable. If you want to change the premises or the business owner, a new license must be obtained.

How Can I Renew My Drug License?

Renewal applications should be submitted before the expiration date of the current license. The process involves submitting the renewal application with updated documents and fees, and inspection by the Drug Control Department if necessary.

Related Business Registrations

In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.

MCA Compliance

Each registered entity is required to meet its compliance duties at the close of each financial year. This generally includes auditing financial statements, filing income tax returns, and submitting annual forms to the Ministry of Corporate Affairs (MCA).

Compliance For Form Due date Penalty
Commencement of Business Intimation to Registrar for Commencement of Business Within 180 days from incorporation INR 50,000 on company and INR 1,000 per day on directors for each day of default
Annual KYC of Directors DIR 3 E-KYC 30th September of every year INR 5,000 for late filing
Appointment of Auditor Form ADT 1 Within 15 days of the AGM INR 300 per day (max INR 12,000)
Financial Statements Form AOC 4 Within 30 days from the AGM INR 100 per day of default
Annual Return Form MGT 7 Within 60 days from the AGM INR 100 per day of default

All Limited Liability Partnerships (LLP) in India must file annual returns with the Ministry of Corporate Affairs (MCA). FilingLounge provides affordable services to help you keep your LLP compliant.

LLP Compliance Form Due date Penalty
Annual KYC of Directors DIR 3 KYC 30th September of every year INR 5,000 for late filing
Annual Return Form 11 May 30th every year INR 100 per day of default
Statements of Accounts and Solvency Form 8 30th October every year INR 100 per day of default (minimum penalty INR 10,000)

In addition to the filings listed above, there may be other compliance requirements relevant to LLPs. To ensure all compliance needs of your LLP are met, please seek assistance from a Filinglounge Advisor.

Entity Compliance Form Due date
Private Limited Company Annual Return MGT-7 Within 60 days from the conclusion of the AGM
Financial Statements AOC-4 Within 30 days from the conclusion of the AGM
DIR-3 KYC DIR-3 KYC 30th September every year
Return of Deposits DPT-3 30th June every year
Appointment of Auditor ADT-1 Within 15 days from the conclusion of the AGM
Income Tax Return (Non-audit case) ITR-6 31st July every year
Income Tax Return (Audit case) ITR-6 30th September every year
Annual GST Return GSTR-9 31st December of the subsequent financial year
MSME Form Form 1 (MCA) half-yearly return by 31st October (April to September), & 30th April for the period October to March every year
Limited Liability Partnership Income Tax Return (Non-audit case) ITR 5 31st July every year
Income Tax Return (Audit case) ITR 5 30th September every year
Annual Return Form 11 30th May every year
Financial Statements Form-8 30th October every year

Note : There might be extra filings needed depending on your business type and activities. Talk to a FilingLounge advisor to get the right guidance for your company's compliance.