Sunday 26 February 2012

Drug Regulatory Agency Ordinance Pakistan (DRAOP) - 2012, The Drugs Act 1976 and the 18th amendment in The Constitution of Pakistan 1973



My Opinion:
If you visit Government of Pakistan's official site at www.pakistan.gov.pk, and try to find Ministry of health or Division of health under the tab of ministries & division then you will be unable to find this!
Why?
because in Pakistan Ministry of Health doesn't exist on federal level
Why it doesn't exist?
because due to 18th amendment in constitution of Pakistan, federal legislative list has been changed. Due to which alongwith various ministries health ministry was also devolved from federal level to provincial level.

Federal ministry was devolved but according to the article 270 AA (6) of the constitution of pakistan 1973, all related laws are in force. this article is reproduced as:

“Notwithstanding the omission of the Concurrent Legislative List by the Constitution (18th Amendment) Act, 2010, all laws with respect to any of the matters enumerated in the said list (including ordinances, orders, rules, by-laws, regulations and notifications and other legal instruments having the force of law) in force in Pakistan or any part thereof, or having extra-territorial operation, immediately before the commencement of the Constitution (18th Amendment) Act, 2010, shall continue to remain in force until altered, repealed or amended by the competent authority.”





This Point advocates that Federal government can use his powers confered to him via section 12 of The Drugs Act 1976, to increase the maximum price of drugs. It is apparently legal to increase the price of drugs
but, it equally invalidate the development of new Drug Regulatory Authority - 2012. Because If section 12 of The Drugs Act 1976 is functional then section 5 (Central Licensing Board) and section 7 (Registration of Drug) will also be functional. If all laws are in force then the development of DRA is questionable.


Furthermore, amendment in The Drugs Act 1976, is required if federal government wants DRA to be functional.


Read More at :
http://kamranzaheer.blogspot.com/2012/02/drug-regulatory-agency-of-pakistan.html




Daily Jang Karachi, February 16, 2012



20% to 100% rise in price of 350 medicines

16 February, 2012 
http://paktribune.com/news/20-to-100-rise-in-price-of-350-medicines-247575.html

KARACHI: The 'non-functional' Ministry of Health has allowed local and multinational drug manufacturing companies to increase prices of different medicines by 20 to 100 percent.
According to sources close to the pharmaceutical industry, permission has been granted to increase prices of about 350 medicines while a decision about the rest will be taken in the next meeting.
The first meeting of the board to allow an increase in prices was held in Islamabad on February 8 in which the price of cough syrups of all categories was increased by 100 percent. A packet of Disprin containing 600 tablets will now cost Rs130 more; the price of a packet of Librex with 20 tablets has been increased by Rs20; the price of a packet of Panadol with 200 tablets has been increased by Rs40; and a packet of Trisil, having 500 tablets, will cost Rs110 more.
The price of Fastum Gel has been increased by Rs117 and it will be now available for Rs207 instead of its previous price of Rs140. Somogel has become costlier by Rs19. The price of Ceporex capsules too has been increased from 20 to 100 percent. Prices of antibiotics and diabetes medicines have also been increased. In all, prices of about 300 medicines have been raised.
It is learnt that in the next meeting, two more lengthy lists will be considered. It may be clarified that the officials of the Ministry of Health had stated that with reference to drug regulation, the ministry is non-functional and hence not in a position to implement the regulation. However, it is ironic that in order to take a decision against the interest of the common man, not only has the non-functional ministry become functional but has taken a vital decision of raising the prices of medicines even before the establishment of the regulatory authority.






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