Rattled by tempering of the provisions of the Drugs & Cosmetics Act by the Union government in a pursuit to grab the licensing of some of the critical drugs, Himachal Drugs Manufacturing Association (HDMA) on January 25 strongly resisted the unconstitutional provisions of Central Licensing in the Drugs & Cosmetics Act and demanded to safeguard the state constitutional rights.

HDMA General secretary Munish Thakur said that tempering of the provisions of the Drugs & Cosmetics Act by the Union government with intention to capture the Licensing of some of the critical drugs like vaccines, sera, large volume parentrals, new drug, medical devices etc will certainly harm the intrest of manufacturers and the state as well.

Opposing the gazette notification of Union government, Thakur said that the Drug listed in the Concurrent list of the constitution and therefore, both the Union and the state governments have powers to executive the subject under Article 73 & Article 162 of the constitution. The Drug is regulated by the Drugs & Cosmetics Act 1940.

As per Article 73, the powers of the union are restricted to those powers which are expressly defined in the Act made by the Parliament & the Union government has given the powers under section 12,26A,26B,33,33N,33O,33P,5,6 & 7 of the Drugs & Cosmetics Act 1940. However, none of these powers define the powers of the Central Licensing Approving Authority to issue the various licenses for the blood banks, vaccines, sera, large volume parentrals etc.

The HDMA has asked how come the Union government has been issuing the various licenses unconstitutionally. It poses a big question to the licenses so far issued by the Central Licensing Approving Authority (CLAA) for the blood Banks, vaccines & medical devices etc.

The HDMA has further pointed out that similarly, the executive powers of the state are defined under Article 162 of the constitution, which is exercised by the state according to the rules made by the Union government under the Drugs & Cosmetics Act 1940. The Union government can frame rules for the state but for itself. The Union government by means of misusing the powers of framing the rules, tempered with the rules to assume the powers of the licensing of the aforesaid drugs. The HDMA has demanded that it will not permit such illegal and unconstitutional practices in the state and further demanded to de- notify the Gazette notification GSR 923(E), dated 14/12/1992 with immediate effect.