(Published in Part II, Section 3, Sub-section (ii) of

the Gazette of India, Extraordinary, dated the 1^st October, 2008)

Government of India

Ministry of Chemicals and Fertilizers

National Pharmaceutical Pricing Authority

New Delhi, the 1^st October, 2008

ORDER

S.O. 2356(E)- In exercise of the powers, conferred by sub-paragraph (1)/(2)/(4) of paragraph 8 of the Drugs (Prices Control) Order, 1995, read with No. S.O. 637 (E) dated the 4th 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. 775(E), dated 28^th March, 2008, the National Pharmaceutical Pricing Authority, hereby fixes/revises the prices as specified in column (5) of the table-I hereto annexed as the retail price/revised retail price, exclusive of excise duty, Sales Taxes/VAT and local taxes, if any, and in column (6) as equivalent MRP inclusive of excise duty, education cess, Sales Tax/VAT in relation to each of the formulation specified in the corresponding entry in column (2) of the said table with the pack size specified in the corresponding entries in column (3) thereof; manufactured/imported by M/s. ReckittBenckiser (India Limited).

TABLE-I

*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. 0.80322 per ml. from the ceiling price mentioned in column (2) of the nearest higher pack size, further, Rs. 0.06 per 5 ml. shall be deducted from price so worked out for pack size between 251 to 500 ml. 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 in column no. (6) (inclusive of excise duty, sales tax/VAT and local taxes if any) for the specified pack and packs of similar strength, and companies cannot claim exemption on any ground therefrom, unless specifically permitted by the Government/NPPA through an order.

(c)        The companies / manufacturers may added taxes only if they have paid actually 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 the Form-V of DPCO, 1995.

(d)        For different packing material used or any special feature claimed, companies are required to approach NPPA for approval/fixation of specific prices.

(e)        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.

(f)         These prices/revised prices shall be made effective within 15 days of receipt of this order as required under sub para 14(1) of DPCO, 1995. The necessary price-list should also be issued as required under sub-paragraph (3) of paragraph 14 of the Drugs (Prices Control) Order, 1995.

(g)        These 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.

(h)        The company is required to submit a quarterly report to NPPA informing production of the subject formulation at their plant any where else. This quarterly report will annex duly certified copies of all invoices of input material on which MODVAT has not been claimed along with certificate from statutory auditors of the amount of excise duty paid on inputs on which company has not been able to claim set off on account of location of plant in tax exempt state.

PN/104/2008/F

        F. No. 8(13)/2008/D.P./NPPA-Div.-II

                                                                                                              (RAJIV WADHAWAN)

                                                                                                                     Deputy Director