CIRCULAR TO INDUSTRY/ TRADE ASSOCIATIONS

FOR THE ATTENTION OF ALL MANUFACTURES, IMPORTERS, DISTRIBUTORS AND RETAIL CHEMISTS.

1. The Government of India in the Ministry of Chemicals & Fertilisers, Department of Chemicals & Petrochemicals issued the Drugs (Prices Control) Order, 1995 (DPCO, 1995) vide notification (in the Gazette Of India) S. O. 18(E) dated 6^thJanuary, 1995. The National Pharmaceutical Pricing Authority (NPPA) has been delegated powers to enforce the different provisions of the order vide notification S.O. 637(E) dated 4^th September, 1997. While executing its functions during the past few years, NPPA has noticed that many of the pharmaceutical manufacturers, importers, distributors and chemists are not complying certain provisions of DPCO, 1995.

2. Following are the areas where returns have been prescribed under DPCO, 1995:

i) Form I of DPCO, 1995 by manufacturers of scheduled bulk drugs as provided in paragraph 4 of DPCO, 1995.

ii) Form II of DPCO, 1995 by manufacturers of non-scheduled bulk drugs as provided in paragraph 5 of DPCO, 1995.

iii) Form III/IV of DPCO, 1995 by manufacturers/importers as provided in paragraph 8 of DPCO, 1995 for fixation / revision of prices of scheduled formulations.

iii) Form III/IV of DPCO, 1995 by manufacturers/importers as provided in paragraph 8 of DPCO, 1995 for fixation / revision of prices of scheduled formulations.

iv) Price List in Form V of DPCO, 1995 by manufacturers/importers of drugs and pharmaceuticals as provided in paragraphs 14 & 15 of the said Order.

iv) Price List in Form V of DPCO, 1995 by manufacturers/importers of drugs and pharmaceuticals as provided in paragraphs 14 & 15 of the said Order.

v) Form VI of DPCO, 1995 by manufacturers/importers of drugs and pharmaceuticals within 6 months of the close of the accounting year as provided in paragraphs 20(2) of the said Order.

3. The non-submission of the above data statutorily required is a violation of the provisions of DPCO, 1995 and violators are liable to be prosecuted for their failure to perform statutory duty as per the provisions of para 24 of DPCO, 1995 in addition to action under Essential Commodities Act.

In view of above, concerned manufacturers/importers of pharmaceuticals are advised to ensure the submission of statutory returns to NPPA with in the prescribed dates.

4. Display of price lists and supplementary price lists if any is a requirement under paragraph 14(4) and 15(3) of DPCO, 1995. The retailers are advised to comply with these provisions since failure to do so is liable for similar action under DPCO, 1995 and Essential Commodities Act, 1955.