(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 10^th April, 2012

 

ORDER

S.O. 796(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, the National Pharmaceutical Pricing Authority, 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, 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 Encore Healthcare Pvt. Ltd.

 

TABLE

Sl. No.	Name of the formulation	Pack Size	Retail Price without Excise Duty Sales Tax /VAT and Local Tax, if any  (Rs.)	Equivalent  MRP* inclusive  of all  taxes  (Rs.)
(1)	(2)	(3)	(4)	(5)
1.	Tegrital tablet 100 mg Each Chewable tablet contais Carbamazepine – 100 mg	10’s Al_St	9.66	10.48
2.	Tegrital tablet 200 mg  Each tablet contains Carbamazepine – 200 mg	10’s Al_St	16.46	17.86
3.	Tegrital tablet 400 mgEach tablet contais Carbamazepine – 400 mg	10’s Al_St	31.80	34.50
4.	Tegrital CR tablet 200 mgEach controlled release film coated tablet contains Carbamazepine – 200 mg	10’s Al_St	18.02	19.55
5.	Tegrital CR tablet 300 mg Each controlled release film coated tablet contains Carbamazepine – 300 mg	10’s Al_St	26.98	29.27
6.	Tegrital CR tablet 400 mg Each controlled release filmcoated tablet contains Carbamazepine – 400 mg	10’s Al_St	35.26	38.26 »

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

Note :

1. The ceiling price notification under DPCO 1995 shall not be applicable in this case.
2. The manufacturers / formulators are required to submit the details as required under note 3 of S.O. No 2676(E) dated 25.11.2011 issued in respect of Carbamezapine in order to follow the prices indicated in this order.
3. In case the company consumes the bulk drug Carbamezapine not produced from basic stage (i.e. ONT Stage), the aforesaid prices will not be applicable. The company is required to take the fresh price approval from Government/NPPA otherwise such company shall be liable to pay the overcharged amount with interest thereon under the provisions of DPCO, 1995 read with the Essential Commodities Act, 1955.
4. 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 there from, unless specifically permitted by the Government/NPPA through an order.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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, 1995
11. The MRP arrived as above shall be subject to payment of Government levies / taxes as applicable and necessary adjustment in the factor of 1.0850 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 1.0850. The manufacturer/marketing company shall be specifically liable to ensure the compliance of this condition.
12.  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.
13. 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 automatically withdrawn.

PN/124/2012/F

F. No. 8(33)/2012/D.P./NPPA-Div.-II

                                                                                                              (MANISH GOSWAMI)
Deputy Director

Last Page Updated: 30-01-2019