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

Government of India
Ministry of Chemicals and Fertilizers
Department of Pharmaceuticals

National Pharmaceutical Pricing Authority

New Delhi, the 24th August, 2015

ORDER

S.O. 2300(E)- In implementation of directions given in review order passed by the Department of Pharmaceuticals on 14.07.2015 vide letter no. 31015/45/2014/PI.I on review application filed by M/s. Seagull Pharmaceuticals Pvt. Ltd. in respect of S.O. 1806(E) dated 10.07.2014 regarding fixation of Retail Price of Diclofenac Sodium 75mg (Superspas-AQ) Injection under DPCO, 2013.

Therefore, in exercise of the powers, conferred by paragraphs 5, 11 and 15 of the Drugs (Prices Control) Order, 2013, read with S.O. 1394(E) dated the 30.05.2013 issued by the Government of India in the Ministry of Chemicals and Fertilizers, and in supersession of the above Order i.e. S.O. 1806(E), dated 10.07.2014, the Government of India in the Ministry of Chemicals and Fertilizers, National Pharmaceutical Pricing Authority (hereby referred as the NPPA), hereby fixes, the price as specified in column (5) of the table hereto annexed as the retail price, exclusive of local taxes, if any, in relation to the formulation specified in the corresponding entry in column (2) of the said Table with the strength and unit specified respectively in the corresponding entries in columns (3) and (4) thereof; manufactured and marketed by M/s Nuclotec Remedies Pvt. Ltd. and M/s Seagull Pharmaceuticals Pvt. Ltd. respectively.

Table

Note :

1. The manufacturer of above mentioned formulation i.e. “new drug” under paragraph 2(u) of the DPCO, 2013 shall fix the retail price as specified in column (5) of the table here in above.
2. The manufacturer may add local taxes only if they have paid actually or it is payable to the Government on the retail price mentioned in the column (5) of the above said table.
3. The retail price for a pack of the aforesaid formulation shall be arrived at by the concerned manufacturer in accordance with the retail price specified in column (5) of the above table as per provisions contained in paragraph 11 of the DPCO, 2013. The manufacturer shall issue a price list in Form–V as per the paragraph 24 (2) of the DPCO, 2013.
4. Where concerned manufacturer of aforesaid formulation with dosage or strength or both as specified in the above table, launches a new drug as per paragraph 2 (u) of the DPCO, 2013 then he shall apply for prior price approval of such new drug to the NPPA in Form I as specified under schedule-II of the DPCO, 2013.
5. The above mentioned retail price is applicable only to the individual manufacturers/marketer as mentioned above i.e. who has applied for the same by submitting Form-I for price fixation / revision as stipulated under DPCO, 2013 and subject to fulfillment of all the applicable statutory requirements as laid down by the Govt. under relevant statutes/ rules, including manufacturing license permission from the Competent Authority i.e. the Central/State Licensing Authority, as may be applicable, by the concerned manufacturers/marketing companies.
6. (f) In case the retail price of aforesaid formulation is not complied as per instant price notification and notes specified here in above, then the concerned manufacturer/marketing company shall be liable to deposit the overcharged amount along with the interest thereon under the provisions of the DPCO, 2013 read with the Essential Commodities Act, 1955.
7. Consequent to the issue of retail price of the aforesaid formulation as specified in column (2) of the above mentioned table in this notification, the price order(s) if any, issued for concerned manufacturer / marketer prior to the above said date of notification, stand superseded.

PN/156/24/2015/F

F. No. 8(24)/2015/D.P./NPPA-Div.-II
(RAKESH KAKKAR)
Deputy Director