Drugs (Price Control) Order 1995N P P A

12. Power to recover dues accrued under the Drugs (Prices Control) Order, 1979 and to deposit the same into the Drugs Prices Equalisation Account :

  1. Notwithstanding anything contained in this Order, the Government may by notice, require the manufacturer, importer or distributor, as the case maybe, to deposit the amount which has accrued under the provisions of the drugs (Prices Control) Order, 1979 on or before the commencement of this Order, into the Drugs Prices Equalisation Account and the manufacturer, importer or distributor, as the case may be, shall deposit the said amount into the said Account within such time as the Government may specify in the said notice.

  2. The existing amount, if any, in the Drugs Prices Equalisation Account on or before the date of commencement of this Order, and the amount deposited under sub-paragraph (1) shall be utilised for :

    • paying to the manufacturer, importer or distilbutor, as the case may be, the shortfall between his retention price and the common selling price or, as the case may be, the pooled price for the purpose of increasing the production, or securing the equitable distribution and availability at fair prices, of drugs;
    • meeting the expenses incurred by the Government in discharging the functions under this paragraph; and
    • promoting higher education and research in Pharmaceutical Sciences and Technology and for the purposes incidental thereto.
Drugs (Price Control) Order 1995
Definitions
Fixation of Sale Prices
   of Bulk Drugs

Bulk Drug Manufacturers
Calculation of Retail Price
Power to fix Formulation Prices
Power to Fix Ceiling Price
Power to recover Dues
Power to recover Overcharged Amt.
Issue of Price List
Power to Review
List of Price Controlled Drugs
Application for Bulk
   Drug prices : Form I

Information for non-Scheduled
   Bulk Drugs : Form II

Application for Formulation
   Prices : Form III

Form IV, V, VI
The Third Schedule

13. Power to recover Overcharged Amt. :

Notwithstanding anything contained in this order, the Government shall by notice, require the manufacturers, importers or distributors, as the case maybe, to deposit the amount accrued due to charging of prices higher than those fixed or notified by the Government under the provisions of Drugs (Prices Control) Order, 1987 and under the provisions of this Order.

14. Carrying into effect the price fixed or revised by the Government, its display and proof thereof :

  1. Every manufacturer or importer shall carry into effect the price of a bulk drug or formulation, as the case may be, as fixed by the Government from time to time, within fifteen days from the date of notification in the Official Gazette or receipt of the order of the Government in this behalf by such manufacturer or importer.

  2. Every manufacturer, importer or distributor of a formulation intended for sale shall display in indelible print mark, on the label of container of the formulation and the minimum pack thereof offered for retail sale, the retail price of that formulation, notified in the Official Gazette or ordered by the Government in this behalf, with the words 'retail price not to exceed' preceding it, and "local taxes extra" succeeding it, in the case of Scheduled formulations.

    Provided that in the case of a container consisting of smaller saleable packs, the retail price of such smaller pack shall also be displayed on the label of each smaller pack and such price shall not be more than the prorata retail price of the main pack rounded off to the nearest paisa.

  3. Every manufacturer or importer shall issue a price list and supplementary price list, if required, in Form V to the dealers, State Drugs Controllers and the Government indicating reference to such price taxation or revision as covered by the order or Gazette notification issued by the Government, from time to time.

  4. Every retailer and dealer shall display the price list and the supplementary price list, if any, as furnished by the manufacturer or importer, on a conspicuous part of the premises where he carries on business in a manner so as to be easily accessible to any person wishing to consult the same.


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