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(Affiliated to All India Organisation of Chemists & Druggists)
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AIOCD
ALL INDIA ORGANISATION OF CHEMISTS & DRUGGISTS ®
201, Safalya Bldg., 2nd Floor, Opp. Jaigopal Industrial Estate, Baburao Parulekar Marg, Dadar (W), Mumbai 400 028.
Tel.: 2430 6889 / 2430 6874 / 6145 2929 l Fax: 2430 6973 / 6145 2925 l Visit us on : www.aiocd.net
President : Hon. Gen. Secretary :
J.S. SHINDE RAJIV SINGHAL
Email: aiocd@vsnl.net M/s. Shree Radhey Trade Logistics,
jagannath.shinde@aiocd.com Prabhu Kripa 120, S.R. Compound,
Lasudia, Indore - 452 010, M.P.
Tel. : 0731 - 4002350 Mob.: 9425056394
E-mail: gsrajiv.singhal@aiocd.com
AIOCD
ALL INDIA ORGANISATION OF CHEMISTS & DRUGGISTS ®
201, Safalya Bldg., 2nd Floor, Opp. Jaigopal Industrial Estate, Baburao Parulekar Marg, Dadar (W), Mumbai 400 028.
Tel.: 2430 6889 / 2430 6874 / 6145 2929 l Fax: 2430 6973 / 6145 2925 l Visit us on : www.aiocd.net
President : Hon. Gen. Secretary :
J.S. SHINDE RAJIV SINGHAL
Email: aiocd@vsnl.net M/s. Shree Radhey Trade Logistics,
jagannath.shinde@aiocd.com Prabhu Kripa 120, S.R. Compound,
Lasudia, Indore - 452 010, M.P.
June 18, 2020 Tel. : 0731 - 4002350 Mob.: 9425056394
E-mail: gsrajiv.singhal@aiocd.com
Ref: APS/AIOCD/619/2020
Sub: A reat VICTORY Govt. Suspends Aarogyasetumitr App link on Aarogyasetu meant for e-
pharmacies after Chemists move Delhi HC against it.
Dear All,
This gives us pleasure to announce a great VICTORY on long drawn battle against illegal operations
of EPharmacies that too with deceptive app on Government “ Aaroyasetu” during recent Pandemic
challenging period of CORONA outbreak.
It was really a tough time to initiate war against this misbehavior of few sitting at high post of
Government departments. But due to efforts of all of you and Delhi Association, supported by
Swadeshi Jagaran Manch , Government suspended permanently the link Aarogyasetumitr.in app
from AAROGYASETU.
Following are some important pOints observed by Hon. Delhi High Court.
In the writ petition filed by the All India Organisation of Chemists and Druggists’ unit of Delhi
South Chemist Distributors Association (SCDA) against the listing of e-pharmacies on the website
as aarogyasetumitr.in, the Central Government made a statement, i.e., on 16 June 2020, that it
has suspended the operation of the website following objections by SCDA a representing body of
nearly 8.5 lakh brick-and-mortar retail Chemists/Pharmacist across India.
The matter was heard by Hon’ble Justice Mr. Navin Chawla,of Delhi High Court.The Association
was represented by Adv. Sudhir Nandrajog, Sr. Advocate and Adv. Amit Gupta.
The Central Government was represented by Adv. Ms.Maninder Acharya, Additional Solicitor
General.
In the hearing on 16 June 2020 Central Government finally admitted by making a statement it
was a mistake that it should not have listed the connecting app for e-pharmacies on the website.
the Govt. is suspending the website, The Delhi High Court directed that if and when the Central
Governm ent decides to re-Iaunch the website, it should consider the pOints raised by the
Association in the writ petition .
Regd. Office : AIOCD, C/o. B.C.D.A., 10, Bonfield Lane, 1st Floor, Kolkata - 700 001.
AIOCD
ALL INDIA ORGANISATION OF CHEMISTS & DRUGGISTS ®
Summary of arguments ware as follows ...
liE-pharmacies are illegal under the law and continue to operate despite an injunction order
passed by this Hon’ble Court.
In the writ petition it was also prayed that, take all steps need to be taken to ensure that the
name “aarogya setu” or any identical/deceptively similar name is not mis-used to sponsor the
commercial interests of arbitrarily handpicked entities; and the website “aarogyasetumitr.in”
be immediately closed”.
However, the Hon. Court had enquired as to how the Central Government can allow listing of the
e-pharmacies on a website, once the Division Bench of the Delhi High Court has injuncted online
sale of medicines without license.
Subsequently, in the hearing dated 10 June 2020, the Court had taken note of the affidavit filed
by the Ministry of Health and Family Welfare (MoHFWj in which it was stated that no license has
been given to any of the epharmacies under the Drugs and Cosmetics Act or the Rules.The MoHFW
has stated in affidavit that the issue of licenses to e-pharmacies is still at discussion stage only.
Hon’ble HC stated that ‘Niti Aayog ‘ has to work in tandem with MoHFW.
The Hon’ble Judge further asked the Government about the rationale to exclude listing of the
local chemists and pharmacist on the website, if the objective is to ensure that medicines are
easily available to everyone during the current crisis. The Hon’ble Judge stated that in terms of
circular by MHFW dated 26th March 2020, home delivery can take place I/within the same revenue
districtl/ by a person holding license under the Rules.
AIOCD thank State President/ Secretary/ E C Member AIOeo, Districts Office Bearers and all
Chemists Members & Pharmacist & Swadeshi Jagaran Manch for raising voice against the
discriminatory approach of some Government departments.
Thanking you
Yours faithfully,
For The All India Organisation of Chemists & Druggists
Regd. Office : AIOCD, C/o. B.C.D.A., 10, Bonfield Lane, 1st Floor, Kolkata - 700 001.
AIOCD
ALL INDIA ORGANISATION OF CHEMISTS & DRUGGISTS ®
201, Safalya Bldg., 2nd Floor, Opp. Jaigopal Industrial Estate, Baburao Parulekar Marg, Dadar (W), Mumbai 400 028.
Tel.: 2430 6889 / 2430 6874 / 6145 2929 l Fax: 2430 6973 / 6145 2925 l Visit us on : www.aiocd.net
President : Hon. Gen. Secretary :
J.S. SHINDE RAJIV SINGHAL
Email: aiocd@vsnl.net M/s. Shree Radhey Trade Logistics,
jagannath.shinde@aiocd.com Prabhu Kripa 120, S.R. Compound,
Lasudia, Indore - 452 010, M.P.
June 18, 2020 Tel. : 0731 - 4002350 Mob.: 9425056394
Ref: FM/QIOCD/622/2020 E-mail: gsrajiv.singhal@aiocd.com
Smt. Nirmalaji Sitharaman
The Hon’ble Finance Minister - Govt. of India - Ministry of Finance
Room No. 134, North Block, New Delhi - 110 001.
Sub : Decriminalization of Certain Offences reg..
Respected Madam,
While it is a welcome step to decriminalize certain provisions in Negotiable Instrument Act ,for minor financial lapses.
Business community is cautiously in support of continuing the provision of Jail for bounced cheques under the
Negotiable instruments act.
Madam, we are an Association of all 8.50 lac Chemists and Druggists of the country having all 8.50 lacks members
throughout the country, having all State and Districts Associations in the country affiliated to AIOCD. As mentioned
above, we request you that, the provision of Jail for bounced cheques should be continued.
A limited period relaxation may be considered to cover abnormal situation in lock down is definitely a necessity as
even if the drawer of the cheque had best of intentions, he/she could not honor the commitment due to the conditions
prevailing in the country and banks not functioning normally.
However, removal of the provision of Jail for even for good intention, will give rise to unbridled financial indiscipline
and throw the entire money market into utter chaos. The threat of Jail term is a big deterrent and if this is removed,
unscrupulous operators will take advantage of the situation and honest businesses will stand to lose their hard earned
money. As for civil suits, least said the better.
We have the firm belief that not only our The All India Organisation of Chemists and Druggists but also other trade and
industry bodies across India will be of the same opinion, especially due to the enormous financial disruption caused
by Corona.
We, therefore, request you to please continue with the present provisions except for time being relaxation for the
lock down period and some more time till the market normalizes.
Thanking you
Yours faithfully,
For The All India Organisation of Chemists & Druggists
Regd. Office : AIOCD, C/o. B.C.D.A., 10, Bonfield Lane, 1st Floor, Kolkata - 700 001.
AIOCD
ALL INDIA ORGANISATION OF CHEMISTS & DRUGGISTS ®
201, Safalya Bldg., 2nd Floor, Opp. Jaigopal Industrial Estate, Baburao Parulekar Marg, Dadar (W), Mumbai 400 028.
Tel.: 2430 6889 / 2430 6874 / 6145 2929 l Fax: 2430 6973 / 6145 2925 l Visit us on : www.aiocd.net
President : Hon. Gen. Secretary :
J.S. SHINDE RAJIV SINGHAL
Email: aiocd@vsnl.net M/s. Shree Radhey Trade Logistics,
jagannath.shinde@aiocd.com Prabhu Kripa 120, S.R. Compound,
Lasudia, Indore - 452 010, M.P.
Date: June 29, 2020 Tel. : 0731 - 4002350 Mob.: 9425056394
E-mail: gsrajiv.singhal@aiocd.com
Ref: DCGI/ AIOCD / 626/2020
Hon’ble. Dr. V G Somaniji
DCGI, Directorate General of Health Services,
Government of India FDA Bhavan,
ITO, Kotla Road, New Delhi ·110002.
Emailld : dci@nic.in
Subject: ILLEGAL operations hy E· Pharmacies and Inaction on Part of the DGHS.
Respected Dr. Somani ji,
8y this letter, ·we want to YET AGAIN bring to your notice the continued operations of ILLEGAL E· Pharmacies.
It is quite unfortunate that despite knowing fully well that the E·pharmacies are illegal and cannot be
allowed to continue, nothing is being done to stop their operations.
It is well in your knowledge that the High Court of Delhi has by an order dated 12.12.2018 in W.P. (C) No.
11711of2018 titled as Dr. Zaheer Ahmad vs. Union offndia has injuncted “online sales of medicines without
license and the respondents are directed to ensure that the same are prohibited forthwith.”In pursuant to
the order, you had even issued a letter in this regard to all State Drug Controlling Authorities on 08.05.2019
and on 28.11.2019 for information and action. It is very sad to say that the online sales of medicines are
continuing to operate against the law and rules of our country.
We want to submit further points to prove to you beyond any doubt that the current model and operations
of E·Pharmacies is against the law and rules framed by the Government.
1. A notification as issued by Ministry of Health & Family Welfare on 26.03.2020 exercising powers
under Section 268 in view of any situation of epidemic or pandemic to allow doorstep delivery of
the drug by retail.
2. The notification proves beyond any doubt that E·Pharmacies have been totally ILLEGAL all
throughout as their model was only based on ‘Home Delivery’.
3. Even though, we have earlier pointed that Section 26B for exercising power is not the correct
section to change the condition of the license, we have not opposed this because of the prevailing
situation of Covid 19 in our country.
Regd. Office : AIOCD, C/o. B.C.D.A., 10, Bonfield Lane, 1st Floor, Kolkata - 700 001.
AIOCD
ALL INDIA ORGANISATION OF CHEMISTS & DRUGGISTS ®
4. This notification dated 26.03.2020 gives relaxations but stipulates certain conditions to home
deliver the medicines.
5. It lays down the following conditions for a pharmacist to ‘Home Deliver’ the medications:
a) The notification is only for persons holding a license in Form 20 or Form 21 under the Drug
& Cosmetics Rules, 1945, to sell, stock or exhibit or offer to sell or distribute by retail.
b) They can Home Deliver any drug including drugs mentioned in Schedule H except narcotics,
psychotropic and controlled substances and drugs as specified in Schedule H1 and Schedule
X.
c) The drugs mentioned in Schedule H1 can be sold only on receipt of prescription physically or
through e-maiL
d) The licensee’s email has to be registered with the licensing authority.
e) The drugs can only be supplied in same revenue district where licensee is located.
f) In case of chronic diseases, the prescription can be dispensed within 30 days and in case of
acute cases within 7 days.
6. Of the above mentioned rules laid down by the notification, none of points are being followed by
theE-Pharmacies:
a) They do not hold any license in Form 20 or Form 21 as they claim to be ‘Aggregators’.
b) They are delivering all drugs including drugs in Schedule H 1.
c) They do not receive order for drugs on email but on their mobile application or websites.
d) Because they do not hold any license, they will do not have any email registered with the
licensing authority.
e) They deliver medicines to different states, let alone district.
f) They flout norms under the garb of telemedicine and issue prescriptions from on-panel
doctors.
7. We have enough proofs to substantiate our claim.
8. We had filed W.P. (C) No. 31390f2020 titled as of our affiJiated unit of RDCA, Delhi, South Chemists
& Distributors Association vs Union of India before the Delhi High Court challenging the creation
of aarogyasetumitrjnwebsite and linking the same to Aarogya Setu Mobileal!plicalion.
9. During the proceedings. various proofs regarding all above points were submitted in the Court.
10. As a result of the submissions made before the Court and documents filed. aarogyasetumitr.in
website was suspended. The suspension of the website by the Government. pursuant to the
court order was an admission on part of the Government that the e-Pharmacies are illegal and
that allowing e-pharmacies to be listed on aarogyasetumitrjn website was wrong.
Regd. Office : AIOCD, C/o. B.C.D.A., 10, Bonfield Lane, 1st Floor, Kolkata - 700 001.
AIOCD
ALL INDIA ORGANISATION OF CHEMISTS & DRUGGISTS ®
11. In the above case, the CDSCO filed an affidavit sworn by Shri P.B.M Prasad, Joint Drugs Controller
(India) was filed which mentions the following:
a. A letter issued by then DCGI, Shri Eswara Reddy on 30.12.2015 to all Drug Controllers of
States/UT’s was issued with the Subject: Sale of drugs over internet contravening the
provisions of Drugs and Cosmetics Rules, 1945 mentioning to put a strict vigil on online
sales of medicines.
b. It also includes letter sent to Drug Controller of all States/UT’s by your goodself as Joint
Drugs Controller on 08.05.2019 and as Drugs Controller General (India) on 28.11.2019 in
respect to ban on online sales of medicines.
c. It included Minutes of 56th Meeting of Drug Consultative Committee held on 01.06.2019 at
New Delhi where on Page 12 in Agenda No 9, it is mentioned that “DCC after deliberation
recommended taking action as per the existing provisions of the Drugs and Cosmetics Rules,
1945 for any violations on online sale of drugs”.
d. In the above affidavit sworn in para 24, it has been stated that:
“24. That it is pertinent to mention here that at present the Drugs and Cosmetics Act.
1940 and Rules 1945 have no provision on the online sale of drugs.”
e. In para 25, it has been stated that
“25. That with respect to the query relating with whether e-pharmacy services being
provided on web link of AarogayasetuMitr.in are registered/ licensed e-pharmacies, it
isrespectfully submitted that at present there is no provision under the Drugs and
Cosmetics Act. 1940and Drugs and Cosmetics Rules, 1945 for online pharmacies:
In view of all the above compelling facts and points, it will only be plaUSible and rational that the activities
of the E-Pharmacie5 must be immediately prohibited across the country immecliately.
We hope that you will issue clear and strict instructions to the Drug Controtlers of all States / urs to
immediately stop the sales of medicines from such platforms.
Kindly Regards,
Yours faithfully,
For The All India Organisation of Chemists & Druggists
Regd. Office : AIOCD, C/o. B.C.D.A., 10, Bonfield Lane, 1st Floor, Kolkata - 700 001.
AIOCD
ALL INDIA ORGANISATION OF CHEMISTS & DRUGGISTS ®
201, Safalya Bldg., 2nd Floor, Opp. Jaigopal Industrial Estate, Baburao Parulekar Marg, Dadar (W), Mumbai 400 028.
Tel.: 2430 6889 / 2430 6874 / 6145 2929 l Fax: 2430 6973 / 6145 2925 l Visit us on : www.aiocd.net
President : Hon. Gen. Secretary :
J.S. SHINDE RAJIV SINGHAL
Email: aiocd@vsnl.net M/s. Shree Radhey Trade Logistics,
jagannath.shinde@aiocd.com Prabhu Kripa 120, S.R. Compound,
Lasudia, Indore - 452 010, M.P.
Tel. : 0731 - 4002350 Mob.: 9425056394
APS/ AIOCD/ LBE/625/2020 E-mail: gsrajiv.singhal@aiocd.com
Dated 24th June 2020
To,
All President/ Secretary,
States AIOCD
Regd. Office : AIOCD, C/o. B.C.D.A., 10, Bonfield Lane, 1st Floor, Kolkata - 700 001.
AIOCD
ALL INDIA ORGANISATION OF CHEMISTS & DRUGGISTS ®
201, Safalya Bldg., 2nd Floor, Opp. Jaigopal Industrial Estate, Baburao Parulekar Marg, Dadar (W), Mumbai 400 028.
Tel.: 2430 6889 / 2430 6874 / 6145 2929 l Fax: 2430 6973 / 6145 2925 l Visit us on : www.aiocd.net
President : Hon. Gen. Secretary :
J.S. SHINDE RAJIV SINGHAL
Email: aiocd@vsnl.net M/s. Shree Radhey Trade Logistics,
jagannath.shinde@aiocd.com Prabhu Kripa 120, S.R. Compound,
Lasudia, Indore - 452 010, M.P.
July 14, 2020 Tel. : 0731 - 4002350 Mob.: 9425056394
E-mail: gsrajiv.singhal@aiocd.com
Ref: APH/AIOCD/631/2020
All Distributors/Marketing/Finance Head of Pharma companies
Sub: Current COVID·19 situation reg ....
Dear All,
COVID-19 Pandemic disrupted business operations since March 2020 . Improvement was expected
after Lockdown 02. But the whole situation cannot be said to have been under control, in spite of
all efforts.
It’s now reported from all over the country that area wise containment is being implemented
based on the severity of spread of infection.
This has affected normal functioning of our members particularly collection cycles, bank operations,
manpower availability etc.
This uncertainty results in cheques bouncing, by default company claims of penalties/ interest &
holding of supply, keeping parties on advance payment etc. further aggravates the situation.
AIOCD therefore requests all of you to consider the current situation and do not burden your
stockiest additionally, for no fault on their part, as track records of all those stockiest are reasonably
good.
Hope you will look into this, and co-operate.
Thanking You
For The All India Organisation of Chemists & Druggists
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