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

the Gazette of India, Extraordinary, dated the 29^th January, 2008)

National Pharmaceutical Pricing Authority

Ministry of Chemicals and Fertilizers

Government of India

ORDER

New Delhi, the 29^th January, 2008

S.O. 167 (E) – In exercise of the powers, conferred by sub-paragraphs (1) and (2) of paragraph 9 and paragraph 11 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 Ministry of Chemicals and Fertilizers, (National Pharmaceutical Pricing Authority) No. S.O. 1324(E), dated 19.11.2003, in so far as it relates to formulation packs mentioned in the table below, except in respect of things done or omitted to be done before such supersession, the National Pharmaceutical Pricing Authority, hereby fixes the prices as specified in column (5) of the table below as ceiling prices exclusive of excise duty and local tax, if any, and in column (6) of the table below as Equivalent MRP inclusive of excise duty and education cess, sales Tax/VAT of each of the Scheduled formulations specified in the corresponding entry in column (2) of the said Table with the strength and pack size specified respectively in the corresponding entries in column (3) and  (4) thereof :

TABLE

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

Note :

(a)           For addition of ingredient like Lactic Acid Bacillus Rs. 0.017 per 10’s tablet/capsule will be added/subtracted for each 10 million spores or part thereof of Lactic Acid Bacillus as the case may be in the above mentioned formulation packs.

(b)           The prices fixed are the maximum retail prices in column (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 Add 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)           Pro-rata pricing for packs of same composition but of different sizes will be applicable vide S.O. No. 83(E) dated 27.1.1998 for tablet and capsule packed in strip/blister.

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

(f)            The 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 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.

(h)                Consequent to the issue of ceiling price of the formulation pack(s) in this notification, the following price order(s) issued prior to this date of notification stand automatically withdrawn :

Sl. No.                                                                    Price Order No.                                                              Date

and any other price order(s) issued earlier for the composition of the formulation pack for which ceiling price is notified in this notification.

[PN/98/2008/F./F. No. 8(8)/2007/D.P./NPPA-Div.-II]

                RAJIV WADHAWAN, Deputy Director