The Gazette of India-Extraordinary
PART II Section 3 Sub-Section (11)
Ministry of Chemicals and Fertilizers
Department of Chemicals and Petrochemicals
New Delhi, dated the 6th January, 1995
S.O.18(E).In
exercise of the powers conferred by section 3 of the Essential
Commodities Act, 1955 (10 of 1955), the Central Government
hereby makes the following Order,
namely:
1. Short title and
commencement -
-
This Order may be called
the Drugs (Prices Control) Order, 1995
-
It shall come into force
on the date of its publication in the Official Gazette
2. Definitions -
In
this Order, unless the context otherwise requires:
a. "bulk drug"
means any pharmaceutical, chemical, biological or plant product
including its salts, esters, stereo-isomers and derivatives,
conforming to pharmacopoeial or other standards specified in the
Second Schedule to the Drugs and Cosmetics Act, 1940 (23 of
1940), and which is used as such or as an ingredient in any
formulation
b. "capital
employed" means net fixed
assets plus working capital of a manufacturer in
relation to manufacture of bulk drug
c. "ceiling price"
means a price fixed by the Government for Scheduled formulations
in accordance with the provisions of paragraph
d. "dealer" means
a person carrying on the business of purchase or sale of drugs,
whether as a wholesaler or retailer and whether or not in
conjunction with any other business, and includes his agent
e. "distributor"
means a distributor of drugs or his agent or a stockiest
appointed by a manufacturer or an importer for stocking his
drugs for sale to a dealer
f. "drug"
includes:
(i)
all
medicines for internal or external use of human beings or
animals and all substances intended to be used for, or in the
diagnosis treatment, mitigation, or prevention of any disease or
disorder in human beings or animals, including preparations
applied on human body for the purpose of repelling insects like
mosquitoes
(ii) such
substances, intended to affect the structure or any function of
the human or animal body or intended to be used for the
destruction of vermin or insects which cause disease in human
beings or animals, as may be specified from time to time by the
Government by notification in the Official Gazette
(iii)
bulk
drugs and formulations
g. "Form" means a
form specified in the Second Schedule
h.
"formulation" means a medicine processed out of, or
containing one or more bulk drug or drugs with or without the
use of any pharmaceutical aids, for internal or external use for
or in the diagnosis, treatment, mitigation or prevention of
disease in human beings or animals, but shall not include:
(i)
any
medicine included in any bonafide Ayurvedic (including Sidha) or
Unani (Tibb) systems of medicines
(ii)
any
medicine included in the Homeopathic system of medicine
(iii)
any
substance to which the provisions of the Drugs and Cosmetics
Act, 1940 (23 of 1940) do not apply
i.
"free reserve" means a reserve created by
appropriation of profits, but does not include reserves provided
for contingent liability, disputed claims, goodwill, revaluation
and other similar reserves
j.
"Government" means the Central Government
k.
"import" with its grammatical variations and cognate
expressions means bringing into India from a place outside
India, and "importer", in relation to any goods at any
time between their importation and consumption, includes any
owner or any person holding himself out to be the importer
kk.
"local taxes" means any tax or levy (except excise
duty included in retail price) paid and/or payable to the
Central Government or State Government or any Local authority
under any law by the manufacturer or his agent or
dealer;"*(1)
l. "manufacture" in relation to any drug, includes any
process or part of a process for making, altering, finishing,
packing, labeling, breaking or otherwise treating or adapting
any drug with a view its sale and distribution, but does
not include the compounding or dispensing of any drug or the
packing of any drug in the ordinary course of retail business,
and "to manufacture" shall be construed accordingly
m. "manufacturer" means any person who manufactures a
drug
n. "net-worth" means the paid-up share capital of a
company plus free reserve, if any, and surpluses excluding
outside investments which are not readily available for
operational activity
o. "non-Scheduled bulk drug" means a bulk drug not
specified in the First Schedule
p. "non-Scheduled formulation" means a formulation not
containing any bulk drug specified in the First Schedule
q. "pre-tax return" means profits before payment of
income-tax and surtax and includes such other expenses as do not
form part of the cost of formulation
r. "price list" means a price list referred to in
paragraphs 14 and 15 and includes a supplementary price list
s. "retail price" means the retail price of a drug
arrived at or fixed in accordance with the provisions of this
Order and includes a ceiling price
t. "retailer" means a dealer carrying on the retail
business of sale of drugs to customer
u. "Scheduled bulk drugs" means a bulk drug specified
in the First Schedule
v. "Scheduled formulation" means a formulation
containing any bulk drug specified in the First Schedule either
individually or in combination with other drugs, including one
or more than one drug or drugs not specified in the First
Schedule except single ingredient formulation based on bulk
drugs specified in the First Schedule and sold under the generic
name
w. "sale turn-over" means the product of units of
formulations sold by a manufacturer or an importer, as the case
may be, in an accounting year multiplied by retail price
inclusive of sales tax, if any, paid on direct sales by the
manufacturer or importer but does not include excise duty and
local taxes, if any
x. "Schedule" means a Schedule annexed to this Order
y.
"Wholesaler" means a dealer or his agent or a
stockiest appointed by a manufacturer or an importer for the
sale of his drugs to a retailer, hospital, dispensary, medical,
educational or research institution purchasing bulk quantities
of drugs
3. Power to
fix the maximum sale prices of bulk drugs specified in the First
schedule -
[1]
The
Government may, with a view to regulate the equitable
distribution and increasing supplies of a bulk drug specified in
the First Schedule and making it available at a fair price, from
different manufacturers, after making such inquiry as it deems
fit, fix from time to time, by notification in the Official
Gazette, a maximum sale price at which such bulk drug shall be
sold
Provided
that for the purpose of enquiry, in addition to the information
required to be furnished by the manufacturers under this Order,
the manufacturers shall provide any such additional information
as may be required by the Government, and shall allow for
inspection of their manufacturing premises for verification
through on the spot study of manufacturing processes and
facilities and records thereof, by the Government
(2)
While
fixing the maximum sale price of a bulk drug under sub-paragraph
(1), the Government shall take into consideration a post-tax
return of fourteen per cent on net worth or a return of twenty
two per cent on capital employed or in respect of a new plant an
internal rate of return of twelve per cent based on long term
marginal costing depending upon the option for any of the
specified rates of return that may be exercised by the
manufacturer of a bulk drug
Provided
that where the production is from basic stage, the Government
shall taken into consideration a post-tax return of eighteen per
cent on net worth or a return of twenty six per cent on capital
employed
Provided
further that the option with regard to the rate of return once
exercised by a manufacturer shall be final and no change of
rates shall be made without the prior approval of the Government
[3] No
person shall sell a bulk drug at a price exceeding the maximum
sale price fixed under sub-paragraph (1) plus local taxes, if
any
Provided
that until the price of a bulk drug is fixed by the Government
under sub-paragraph (1), the price of such bulk drug shall be
the price which prevailed immediately before the commencement of
this Order and the manufacturer of such bulk drug shall not sell
the bulk drug at a price exceeding the price prevailing
immediately before the commencement of this Order
[4]
Where,
after the commencement of this Order, any manufacturer commences
production of any bulk drug specified in the First Schedule, he
shall within fifteen days of the commencement of production of
such bulk drug, furnish the details to the Government in Form I,
and any such additional information as may be required by the
Government and the Government may after receipt of the
information and after making such inquiry as it may deem fit,
may fix the maximum sale price of bulk drug by notification in
the Official Gazette
[5]
Any
manufacturer, who desires revision of the maximum sale price of
a bulk drug fixed under sub-paragraph (1) or (4) or as
permissible under sub-paragraph (3), as the case may be, shall
make an application to the Government in Form I and the
Government shall after making such enquiry, as it deems fit
within a period of four months from the date of receipt of the
complete information, fix a revised price for such bulk drug or
reject the application for revision for reasons to be recorded
in writing
(4)
Information to be furnished by the manufacturer in relation to
the Scheduled bulk drugs:- Every manufacturer, producing a
Scheduled bulk drug shall furnish to the Government:
(a)
a list
of all Scheduled bulk drugs produced by him within thirty days
of the commencement of this Order and indicate the details of
the cost of each of such bulk drug in Form I
(b) the
details of the cost of each Scheduled bulk drug produced by him,
including such bulk drug which has been produced after the
commencement of this Order, in Form I by the 30th September,
every year
5.
Information to be furnished by the manufacturer in relation to
the non-Scheduled bulk drugs: - Every manufacturer, producing a
non-Scheduled bulk drug shall furnish to the Government:
(a)
a list
of all such bulk drugs produced by him within thirty days of the
commencement of this Order and indicate the details of the cost
of each of such bulk drugs in From II
(b)
the
details of the cost of each non-scheduled bulk drug produced by
him, including such bulk drug which has been produced after the
commencement of this Order, in Form II
Provided
that, for the purpose of this paragraph, the Government, may
after making such inquiry as it may deem necessary in public
interest, fix or revise the price of any non-Scheduled bulk drug
and the manufacturer or importer of such bulk drug shall
"give effect to the price so fixed or revised within
fifteen days of receipt of the order and not sell
such non-scheduled bulk drug at a price exceeding
the price so fixed or revised thereafter" *(1)
6. Power to
direct manufacturers of bulk drugs to sell bulk drugs to other
manufacturers of formulations: - [1] With a view to achieving
adequate production and regulating the equitable distribution,
the Government may, from time to time, by general or special
order, direct any manufacturer of any bulk drug to sell such
bulk drug to such other manufacturers of formulations as may be
specified in such order
Provided
that while making any such order, the Government shall have
regard to all or any of the following factors, namely:
(i)
the
requirement for captive consumption of such manufacturer, and
(ii) the requirement of other manufacturers.
[2]
For the
purpose of making any order under sub-paragraph (1), the
Government may call for such information from manufacturer,
importer or distributor, of bulk drugs, as it may consider
necessary and such manufacturer, importer or distributor shall
be bound to furnish such information within such time as may be
specified by the Government
7.
Calculation of retail price of formulation: - The retail price
of a formulation shall be calculated by the Government in
accordance with the following formula, namely:
R. P. = (M.C.+C.C.+P.M.+P.C)
x (1+MAPE/100) + ED. where
- "R.P." means
retail price
- "M.C." means
material cost and includes the cost of drugs and other
pharmaceutical aids used including overages, if any, plus
process loss thereon specified as a norm from time to time
by notification in the Official Gazette in this behalf
- "C.C." means
conversion cost worked out in accordance with established
procedures of costing and shall be fixed as a norm every
year by notification in the Official Gazette in this behalf
- "P.M." means
cost of the packing material used in the packing of
concerned formulation, including process loss, and shall be
fixed as a norm every year by notification in the Official
Gazette in this behalf
- "P.C." means
packing charges worked out in accordance with established
procedures of costing and shall be fixed as a norm every
year by notification in the Official Gazette in this behalf
- "MAPE" (Maximum
Allowable Post-manufacturing Expenses) means all costs
incurred by a manufacturer from the stage of ex-factory cost
to retailing and includes trade margin and margin for the
manufacturer and it shall not exceed One hundred per cent
for indigenously manufactured Scheduled formulations
- "E.D." means
excise duty;
Provided
that in the case of an imported formulation, the landed cost
shall form the basis for fixing it's price alongwith such margin
to cover selling and distribution expenses including interest
and importer's profit which shall not exceed fifty per cent of
the landed cost
Explanation
- For the purpose of this proviso, "landed cost" means
the cost of import of formulation inclusive of customs duty and
clearing charges.
8. Power to
fix retail price of Scheduled Formulations: -
[1] The
Government may, from time to time, by order, fix the retail
price of a Scheduled formulation in accordance with the formula
laid down in paragraph 7.
[2]
Where
the Government fixes or revises the price of any bulk drug under
the provisions of this Order and a manufacturer utilises such
bulk drug in his Scheduled formulations he shall, within thirty
days of such fixation or revision, make an application to the
Government, in Form-III for price revision of all such
formulations and the Government may, if it considers necessary,
fix or revise the price of such formulation.
[3]
The
retail price of a formulation once fixed by the Government under
sub-paragraphs (1) and (2) shall not be increased by any
manufacturer except with the prior approval of the Government.
[4]
Any
manufacturer, who desires revision of the retail price of a
formulation fixed under sub-paragraph (1), shall make an
application to the Government in Form III or Form IV, as the
case may be, and the Government shall after making such enquiry,
as it deems fit within a period of two months from the date of
receipt of the complete information, fix a revised price for
such formulation or reject the application for revision for
reasons to be recorded in writing.
[5]
Notwithstanding anything contained in the foregoing
sub-paragraphs, the retail price of a Scheduled formulation, of
a manufacturer shall, until the retail price thereof is fixed
under the provisions of this Order, be the price which prevailed
immediately before the commencement of this Order, and the
manufacture of such formulation shall not sell the formulation
at a price exceeding the price prevailing immediately before the
commencement of this Order.
[6] No
manufacturer or importer shall market a new pack, if not covered
under sub-paragraph 3 of para 9, or a new formulation or a new
dosage form of his existing Scheduled formulation without
obtaining the prior approval of its price from the Government.
[7] No
person shall sell or dispose of any imported Scheduled
formulation without obtaining the prior approval of its price
from the Government.
9. Power to fix ceiling
price of Scheduled formulations:-
[1]
Notwithstanding anything contained in this Order, the Government
may, from time to time, by notification in the Official Gazette
fix the ceiling price of a Scheduled formulation in accordance
with the formula laid down in paragraph 7, keeping in view the
cost or efficiency, or both, of major manufacturers of such
formulations and such price shall operate as the ceiling sale
price for all such packs including those sold under generic name
and for every manufacturer of such formulations.
[2]
The
Government may, either on its own motion or on application made
to it in this behalf by a manufacture in Form III or Form IV, as
the case may be, after calling for such information as it may
consider necessary, by notification in the Official Gazette, fix
a revised ceiling price for a Scheduled formulation.
[3]
With a
view to enabling the manufacturers of similar formulations to
sell those formulations in pack size different to the pack size
for which ceiling price has been notified under the
sub-paragraphs (1) and (2), manufacturers shall work out the
price for their respective formulation packs in accordance with
such norms, as may be notified by the Government, form time to
time, and he, shall intimate the price of formulation pack, so
worked out, to the Government and such formulation packs shall
be released for sale only after the expiry of sixty days after
such intimation.
Provided
that the Government may, if it considers necessary, by order
revise the price so intimated by the manufacturer and upon, such
revision, the manufacturer shall not sell such formulation at a
price exceeding the price so revised.
Explanation-
For the purpose of this paragraph the "Scheduled
formulation" includes single ingredient formulation based
on bulk drugs specified in the First Schedule and sold under the
generic name .
10. Power to
revise price of bulk drugs and formulation:- Notwithstanding
anything contained in this order :-
(a)
The
Government may, after obtaining such information as may be
considered necessary from a manufacture or importer, fix or
revise the retail price of one or more formulations marketed by
such manufacturer or importer, including a non-Scheduled
formulation, in such manner as the pre-tax return on the sales
turnover of such manufacturer or importer does not exceed the
maximum pre-tax return specified in the Third Schedule;
(b)
The
Government may, if it considers necessary so to do in public
interest, after calling for such information by order fix or
revise the retail price of any formulation including a
non-Scheduled formulation;
(c)
The
Government may, if it considers necessary so to do in public
interest, by order include any bulk drug in the First Schedule
and fix or revise the prices of such a bulk drug and
formulations containing such a bulk drug in accordance with the
provisions of paragraphs 3, 7, 8 and 9, as the case may be.
11. Fixation
of price under certain circumstances:- Where any manufacturer,
importer of a bulk drug or formulation fails"to submit the
application for price fixation or revision, as the case may be,
or to furnish information as required under this Order, within
the time specified therein, the Government may, on the basis of
such information as may be available with it, by order fix a
price in respect of such bulk drug or formulation as the case
may be.
12. Power to
recover dues accrued under the Drugs (Prices Control) Order,
1979 and to deposit the same into the Drug Prices Equalisation
Account:- [1] Notwithstanding anything contained in this Order,
the Government may by notice, require the manufacturer, importer
or distributor, as the case may be, to deposit the amount which
has accrued under the provisions of the drugs (Price 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,-
[a]
Paying
to the manufacturer, importer or distributor, as the case may
be, the short-fall 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;
[b]
Meeting
the expenses incurred by the Government in discharging the
functions under this paragraph; and
[c]
Promoting higher education and research in Pharmaceutical
Sciences and Technology and for the purposes incidental thereto.
13. Power to
recover overcharged amount:- Notwithstanding anything contained
in this order, the Government shall by notice, require the
manufacturers, importers or distributors, as the case may be, 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 fixation 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.
15. Display of prices of
non-Scheduled formulations and price list thereof:-
[1]
Every
manufacturer, importer or distributor of a non-Scheduled
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 with the words "retail price not to
exceed" preceding it and the words "local taxes
extra" succeeding it. *(1)
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
shall not to be more than the prorata retail price of the main
pack rounded off to the nearest paisa.
[2]
Every
manufacturer or importer shall issue a price list and
supplementary price list, if required, of the non-Scheduled
formulations in Form V to the dealers, State Drugs Controllers
and the Government indicating changes, from time to time.
[3] 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.
16.
Control
of sale prices of bulk drugs and formulations:- No person shall
sell any bulk drug or formulation to any consumer at a price
exceeding the price specified in the current price list or price
indicated on the label of the container or pack thereof,
whichever is less, plus all local taxes, if any,
payable.*(1)
17.
Sale of
split quantities of formulations:- No dealer shall sell loose
quantity of any formulation at a price which exceeds the
pro-rata price of the formulation plus 5 per cent thereof.
18.
Manufacturer, distributor or dealer not to refuse sale of drug:-
Subject to the provisions of the Drug and Cosmetics Act, 1940
(23 of 1940) and the Rules framed thereunder:-
[a]
No
manufacturer or distributor shall withhold from sale or refuse
to sell to a dealer any drug without good and sufficient
reasons;
[b]
No
dealer shall withhold from sale or refuse to sell any drug
available with him to a customer intending to purchase such
drug.
19. Price of formulations
sold to the dealer:-
[1]
A
manufacturer, distributor or wholesaler shall sell a formulation
to a retailer, unless otherwise permitted under the provisions
of this Order or any order made thereunder, at a price equal to
the retail price, as specified by an order or notified by the
Government (excluding excise duty, if any) minus sixteen per
cent thereof in the case of Scheduled drugs.
[2]
Notwithstanding anything contained in sub-paragraph (1), the
Government may be a general or special order fix, in public
interest, the price of formulation sold to the wholesaler or
retailer in respect of any formulation the price of which has
been fixed or revised under this Order.
(20) Maintenance of records
and production thereof for inspection:-
[1]
Every
manufacturer and importer shall maintain in such form as may be
specified by the government, records relating to the sales
turnover of individual bulk drugs manufactured or imported by
him, as the case may be, and the sales turnover of formulations
pack-wise and also such other records as may be directed from
time to time by the Government and the Government shall have the
power to call for such records or to inspect such records at the
premises of the manufacturer or importer.
[2]
Every
manufacturer or importer shall, within six month of the close of
the accounting Year, submit to the Government information in
respect of turnover and allocation of sales and expenses for
that year in Form-VI.
[3]
Every
dealer, manufacturer or importer shall maintain the cash memo or
credit memo, books of account and records of purchase and sale
of drugs and shall make available such records for inspection by
the Government or any officer authorised in this behalf by the
Government.
(21) Power of entry, search
and seizure:-
[1]
Any
Gazetted Officer of the Central Government or of a State
Government authorised by a general or special order by the
Central Government or, as the case may be, by the State
Government in this behalf may, with a view to securing
compliance with this Order or to satisfy himself that the
provisions of this Order have been compiled with -
[a] Enter and search any
place;
[b]
Seize
any drug, alongwith the containers, packages or covering in
which the drug is found, in respect of which he suspects that
any provision of this Order has been, is being, or is about to
be contravened, and thereafter take all measures necessary for
securing production of the drug, containers, packages or
covering, so seized, in a court of law and for their safe
custody pending such production :
[c]
Seize
any document, such as, cash memo or credit memo books, books of
account and records of purchase and sale of the drugs in respect
of which he suspects that any provision of this Order has been,
is being, or is about to be contravened.
[2]
The
provision of section 100 of the Code of Criminal Procedure, 19/3
(2 of 1974), relating to search and seizure shall, so far as may
be, apply to searches and seizures under this Order .
22. Power to
review:- Any person aggrieved by any notification issued
or order made under paragraphs 3, 5, 8,9 or 10 may apply to the
Government for a review of the notification or order
within fifteen days of the date of publication of the
notification in the Official Gazette or the receipt of the order
by him, as the case may be, and the Government may make such
order on the application as it may deem proper :
Provided
that pending a decision by the Government on the application
submitted under the above paragraph, no manufacturer, importer
or distributor, as the case may be, shall sell a bulk drug or
formulation, as the case may be, at a price exceeding the price
fixed by the Government of which a review has been applied for.
(23) Power to issue
guidelines and directions:-
[1]
The
Government, may for the purpose of implementing the provisions
of this Order, authorise any Officer, by a general or special
order, to inspect the premises of any manufacturer, importer,
distributor or dealer and such manufacturer, importer,
distributor or dealer shall allow such authorised officer and
make available all relevant information required for the
purpose.
[2]
The
Government may, from time to time, issue such guidelines and
directions, consistent with the provisions of this order to any
manufacturer or importer as may be necessary to carry out the
provisions of this Order and such manufacturer or importer shall
comply with such guidelines and directions.
24.
Penalties:- Any contravention of any of the provisions of this
Order shall be punished in a accordance with the provision of
the Essential Commodities Act, 1955 ( 10 of 1955).
25.Power to exempt:-
[1]
Government may, having regard to the factors mentioned in
sub-paragraph (2) and subject to such conditions as it may
specify, by an order in the Official Gazette, exempt any
manufacturer from the operation of all or any of the provisions
of this Order.
[2]
While
granting exemption under sub-paragraph (1), the Government shall
have regard to all or any of the following factors: -
a)
Number of workers
employed
b) Amount of capital
invested
c) Range/group and type of
products manufactured
d) Production of bulk drugs
from basic stage by a process developed through
indigenous
research and development, and which is significantly
different from
known processes and results in cost reduction
e)
Production of a new drug
which has not been produced elsewhere, if developed
through
indigenous research and development
26.
Delegation of powers:- The Government may, be notification in
the Official Gazette, direct that all or any of the powers
conferred upon it by this order, other than those contained in
paragraphs 22, 23, and 25 shall, subject to such restrictions,
exceptions and conditions, as may be specified in the direction,
be exercisable also by such Officer or authority as may be
specified in the notification.
(27) Repeal and saving:-
[1]
The
Drugs (Prices Control) Order, 1987 is hereby repealed.
[2] Notwithstanding such repeal, anything done or any action
taken, including any notification order made, direction given,
notice issue or exemption granted under the Drugs ( Prices
Control) Order 1987, shall, in so far as it is not inconsistent
with the provisions of this Order, be deemed to have been done,
taken made, given, issued or granted, as the case may be, under
the corresponding provisions of this Order.
(Vinod Vaish)
Joint Secretary to the Government of India
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