DRUGS (APPELLATE BOARD) RULES, 1976
[Gazette of Pakistan, Extraordinary, Part II, 21st June 1976]
S. R. O. 595(()/76.‑In exercise of the powers conferred by section 43 of the Drugs Act, 1976 (XXXI of 1976), the Federal Government is pleased to make the following rules, the same having been previously published as required by subsection (3) of the said section, namely :‑
- Short title andcommencement.‑(1) These rules may be called the Drugs (Appellate Board) Rules, 1976.
(2) They shall come into force at once.
- The Appellate Board.‑(1) The Appellate Board referred to in section 9 shall consist of the following members, namely 1‑
(a) Secretary, Health Division, who shall be its ex‑officio Chairman.
(b) Secretary, Health Department, Government, of Baluchistan, ex‑officio.
(c) Secretary, Health Department, Government of the North‑West Frontier Province, ex‑officio.
*(d)*One Professor of clinical subject.
(e) One Professor of Pharmacology.
(f) One Pharmacist.
(g) One medical specialist from the Army Medical Corps.
(h) One person from the Drugs Administration, who shall also be its Secretary.
(2) The members, other than ex‑officio members, of the Appellate Board shall hold office for a period of three years and shall be eligible for renomination.
(3) The Appellate Board shall meet as and when required to perform its functions.
(4) The Appellate Board shall have powers to appoint a committee of experts for detailed investigation of any matter and report to the Board.
(5) No act or proceeding of the Appellate Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the con stitution of, the Board.
Powers of the Appellate Board.‑The membersof the Appellate Board shall exercise all the powers of an Inspector without restriction as to area, and such other powers as may be necessary to perform their functions.
Procedure for Appeal.‑(1) Any person aggrieved by a decision of the Registration Board, the Central Licensing Board or a licensing authority may, within sixty days of receipt o! such Decision, submit an appeal to the Appellate Board.
(2) An application for appeal under sub‑rule (1) shall be accompanied by a copy of the decision appealed against, and shall contain all material statements and arguments relied on by the appellant.
(3) The Appellate Board shall transmit a copy of the application for appeal referred to in sub‑rule (2) to the Registration Board or the Central Licensing Board or the licensing authority against whose decision the appeal has been made and such Board or authority shall, on demand, produce before the Appellate Board the record of the case leading to the decision.
The Appellate Board shall, after giving the appellant an opportunity of being heard, pass such orders as it thinks fit and such orders shall be final.
Revision.‑The Appellate Board may, of its own motion at any time, call for the record of any case for the purpose of satisfying itself as to the correctness, legality or propriety of such order and may pass such order in relation thereto as it thinks fit.