(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 28th October, 2014

ORDER

S.O. 2771(E) – In implementation of directions given in order dated 30.09.2014 in W.P (c) 2128/2014 (M/s Reckitt Benckiser (India) Ltd. and Anr. Vs. National Pharmaceutical Pricing Authority and Ors.) by the Hon’ble High Court of Delhi in respect of price fixation order S.O. No. 559(E) dated 14.03.2011 fixing the prices of Dettol Antiseptic Liquid formulations, the matter has been reconsidered and re-examined by the National Pharmaceutical Pricing Authority (hereinafter mentioned as NPPA) in line with review order passed by the Department of Pharmaceuticals vide letter no. 31015/4/2011-PI.I dated 1.8.2013.

Therefore, in respect of above mentioned price fixation and in exercise of the powers, conferred by sub-paragraph (1)/(2)/(4)/(7) of paragraph 8 and paragraph 11 of the DPCO 1995 read with S.O. No. 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, (NPPA) S.O. No. 559(E) dated 14.03.2011, in so far as it relates to formulation packs mentioned in the table herein below, the NPPA, hereby fixes/revises the prices as specified in column (5) of the table hereto annexed as the retail price/revised retail price, exclusive of Excise Duty, Sales Taxes/VAT and Local Taxes, if any, 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. Reckitt Benckiser (India) Ltd.

TABLE

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

Note :

(a) The prices fixed are the retail prices in column no. (5) (Exclusive 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 there from, unless specifically permitted by the Government/NPPA through an order.

(b) The companies / manufacturers may add taxes only if they have paid actually or payable to the Government on the price mentioned in the column (5).

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

(d) The manufacturer / 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.

(e) 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.

(f) 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.

(g) 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 Essential Commodities Act, 1955.

PN/151/19/2014/F
F. No. 8(19)/2014/D.P./NPPA-Div.-II
(NARESH ARYA) Deputy Director