(Published in Part II, Section 3, Sub-section (ii) of the Gazette of India, Extraordinary)

Government of India

Ministry of Chemicals and Fertilizers

National Pharmaceutical Pricing Authority

New Delhi, the 3^rd August, 2009

ORDER

S.O. 1948(E)- In exercise of the powers, conferred by sub-paragraphs (1) and (2) of paragraph 9 and paragraph 11 of the Drugs (Prices Control) Order, 1995, read with No. S.O. 637 (E) dated the 4^th September, 1997 issued by the Government of India in the Ministry of Chemicals and Fertilizers and in supersession of the Order of the Government of India in the Ministry of Chemicals and Fertilizers, (National Pharmaceutical Pricing Authority) No. S.O. 1473(E), dated 15^th  June, 2009, in so far as it relates to formulation packs mentioned in the table-I below, except in respect of things done or omitted to be done before such supersession, the National Pharmaceutical Pricing Authority, hereby fixes the prices as specified in column (5) of the table-I below as ceiling prices exclusive of excise duty and local tax, if any, and in column (6) of the table-I below as Equivalent MRP inclusive of excise duty and education cess, sales tax/VAT of each of the Scheduled formulations specified in the corresponding entry in column (2) of the said Table-I with the strength and pack size specified respectively in the corresponding entries in columns (3) and (4) thereof:

Table-I : Ceiling Price and Equivalent MRP for Specified Pack Size

*Subject to actual payment of Government levies/taxes, as applicable.

Note : 

 (a)       In addition to packs specified in column (4) of the strength notified in column (3) of the table-I, the following ceiling prices are fixed:-

Table – II: Ceiling Prices and Equivalent MRP of other Pack Size  

            For pack size other than pack size given in column (1) of the table – II deduct @ Rs 0.33832 per gm. from the ceiling price mentioned in column (2) of the nearest higher pack size, further, Rs. 0.12 per gm. shall be deducted from price so worked out for pack size between 36 to 50 gm. These prices shall be worked out by manufacturer / marketing company and the price so worked out shall be adopted as ceiling price corresponding to price notified in column (5) and equivalent MRP notified in column (6) of the table – I.

 (b)       The prices fixed are the maximum retail prices (inclusive of excise duty, sales tax/VAT and local taxes if any) in column (6) of table-I, for the specified pack and packs of similar strength, and manufacturer/marketing company cannot claim exemption on any ground therefrom, unless specifically permitted by the Government/NPPA through an order.

(c)        The manufacturer/marketing company may add taxes only if they have actually paid to the Government on the price mentioned in the column (5).  If there is any variation in the MRP (inclusive of the taxes), the same may be intimated to the NPPA in Form-V of DPCO, 1995.

(d)        Pro-rata pricing for packs of same composition but of different sizes will be applicable vide S.O. No. 83(E) dated 27.1.1998 for tablet(s) and capsule(s) packed in strip/blister.

(e)        For different packing material used or, different drug delivery systems or any other special features/forms claimed, the ceiling prices, as specified in Column No. 5 above, shall be applicable unless the companies approaches NPPA for specific price approvals for its formulations.

(f)         The prices fixed/notified hereinabove under the provisions of DPCO, 1995 have to be mandatorily implemented by the manufacturing/marketing company notwithstanding its status of compliance of conditions for such formulation pack under the Drugs and Cosmetics Act, 1940.

(g)        The manufacturer and marketing company for the above said formulation shall be required to take the requisite prior approval from the Competent Authority for any change in the composition of the above said formulation with written prior intimation to the National Pharmaceutical Pricing Authority.

(h)        The ceiling price arrived on the basis of above shall not exceed the MRP by multiplying the ceiling price by a factor of 1.0696 as per the existing rates of excise duty and VAT.

(i)         The MRP arrived as above shall be subject to payment of Government levies / taxes as applicable and necessary adjustment in the factor of 1.0696 shall necessarily be required to be made by the manufacturer/marketing company, whenever the existing rate of excise duty and/or VAT undergoes a change, subject to the condition that the excise duty and/or VAT so calculated shall in no case exceed the actual excise duty and/or VAT paid by the manufacturer/marketing company or as applicable as per the factor of 1.0696. The manufacturer/marketing company shall be specifically liable to ensure the compliance of this condition.

(j)       Any other formulation / composition not covered in the above table that has any one of the scheduled drugs in Column No. (3) as one of its ingredients, it shall be subject to the price ceiling at respective serial number of the table, as the case may be, unless the manufacturer has got hereafter specific price fixed by the NPPA for that formulation.

(k)        The manufacturer or marketing company not complying with the ceiling prices and conditions specified in notes hereinabove within 15 days from the date of above said notification, shall be liable to deposit overcharged amount along with the interest under the provisions of the DPCO, 1995 read with the EC Act, 1955.

(l)         Consequent to the issue of ceiling price of the formulation pack(s) in this notification, the price order(s) issued prior to this date of notification stand withdrawn.

PN/110/2009/F

   F. No. 8(19)/2009/D.P./NPPA-Div.-II

                                                                                                              (MANISH GOSWAMI)

                                                                                                                     Deputy Director