(Published in Part II, Section 3, Sub Section (11)
of The Gazette of India, Extraordinary)
Ministry of Chemicals and Fertilizers
(Department of Chemicals and Petrochemicals)
New Delhi, the 2nd March, 1995
O R D E R
S.O. 134 (E) in exercise of the powers conferred by paragraph 25 of the Drugs (Prices Control) Order, 1995, the Central Government hereby exempts every drug manufacturing unit registered as small scale industry unit with any Central Technical Authority or State Directorate of Industries (Development and Regulation), Act, 1951 (65 of 1951), from the operation of paragraph 8 of the said Order relating to fixation of retail price of Scheduled formulation if such Scheduled Formulation is not covered under paragraph 9 of the said Order relating to fixation of ceiling price of Scheduled Formulations subject to the conditions that :-
- it is an independent unit/company and not a subsidary of or owned or controlled in any manner by any other undertaking which is not so exempted from the provisions of the Drugs. (Prices Control) Order, 1995;
- the formulations are marketed by the concerned unit/company in their own brand name and trade marks or in the brand or trade name of any other small scale industry unit;
- a declaration complying with conditions (i) and (ii) above alongwith a copy of Registration Certificate as a small scale industry unit is submitted to the Government within sixty days from the date of this notification in case of existing units and sixty days from the date of commencement of production in case of new units.
- The above exemption to a small scale industry unit or company will no longer be admissible as soon as it ceases to be a small scale industry unit/company.
- The exemption is granted only to those products manufactured in their own factory under their own Registration Certificate or in the factory of any other small scale industry unit.
- Unit/company availing exemption in violation of this Order shall be liable for penal action and to deposit dues to Government with retrospective effect.
F.NO 5(4)/95-P I.II
Under Secretary to the Government of India