AJAY RASTOGI,J. - (1.) Counsel for the petitioner submits that the petitioner is a registered Pharmacy Company and carries on the business of manufacturing and trading of Homeopathic, Bio-chemic, Ayurvedic, Herbal, Cosmetic and other food supplement products and further to carry on the business as manufacturers and dealers in all kind of allopathy medicines, bio-chemic medicines, ayurvedic medicines, unani medicines, relating to powders, tablets, spirits, tinctures, injections, vaccines etc.
(2.) Counsel submits that after issuance of manufacturing license and certificate, company is doing business to manufacture all Homoeopathic medicines but prior to insertion by amendment of Rule 106B, there was no such prohibition, although the respondent has power to amend the Rules by invoking Section 12 and 33 after due compliance of Section 38 of the Drug and Cosmetics Act, 1940. However, Rule 106B has been inserted in the Drug and Cosmetics Rules, 1945 vide notification dated 22.02.1994 but the information so gathered/supplied to the petitioner under the Right to Information Act vide letter dated 10.02.2015 is that Rule 106B of the Rules, 1945 was never received for laying on the table of Lok Sabha. It would be appropriate to quote the "Point in Brief" for which information was sought and replied by the concerned authority and so also Section 38 of the Act 1940, which are relevant for the present purpose, which read ad infra:- JUDGEMENT_238_LAWS(RAJ)1_2016_1.html Sec.38. "Rules to be laid before Parliament.-Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule."
(3.) Thus, Section 38 of the Act, 1940 clearly mandates that every rule under this Act has to be laid as soon as it is made before each House of Parliament and unless both the Houses agree in making any modification in the rule or both Houses agree that the rule should be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be.;