Working on fixing MRP of oxygen concentrators: Centre to Delhi HC

Earlier, Centre had informed the court that NPPA has asked all the manufacturers or importers of pulse oximeter and oxygen concentrators to submit the MRP details within 7 days

New Delhi: Centre on Tuesday apprised the Delhi High Court that it is in process of coming up with the formula for fixing the Maximum Retail Price (MRP) of oxygen concentrators.

Advocate Kirtiman Singh, appearing for Central Government told the Delhi High Court that National Pharmaceutical Pricing Authority (NPPA) has initiated the process of fixing of formula for the pricing of oxygen concentrators.

A Division Bench of Justices Vipin Sanghi and Jasmeet Singh, thereafter, posted the matter for further hearing next Monday.

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Earlier, Centre had informed the court that NPPA has asked all the manufacturers or importers of pulse oximeter and oxygen concentrators to submit the MRP details within 7 days.

“All the manufacturers or importers of (i) pulse oximeter and (ii) oxygen

concentrators are hereby directed under Para 29 of the DPCO, 2013 to submit the MRP details in the prescribed format (Annexure-I & II) within 7 days i.e. latest by May 22 2021 of issue of this OMA” read the office memorandum issued by NPPA.

The NPPA office memorandum was part of the reply filed by the Centre on the petition relating to the oxygen concentrator.

The memorandum also said that MRP of medical devices cannot be increased more than ten per cent in a year.

“All manufacturers or importers of aforesaid medical devices are hereby advised to ensure compliance of the provisions of Para 20 of the DPCO, 2013 failing which action may be initiated for violation of provisions of DPCO, 2013 read with Essential Commodities Act, 1955,” read the memorandum.

The reply copy also mentioned the advisory on oxygen concentrator dated May 16 issued by the Ministry of Health and Family Welfare.

The Centre’s response came on a petition seeking to fix the price of oxygen concentrators. The plea was filed by Manisha Chauhan through advocates Sanjeev Sagar and Nazia Parveen.

In the plea, the petitioner has urged to direct the Delhi government to issue notification regarding medicines and medical equipment’s under Section 3 of the Essential Commodities Act.

The petitioner has also sought to set up one fast-track special court for dealing exclusively with cases of black marketing and hoarding of medical equipment and medicines for the treatment of COVID-19.

The petitioner has urged to issue direction to appoint the Special Public Prosecutor for prosecution of cases before special courts of black marketing and hoarding of medical equipment and medicines for the treatment of COVID-19.

It also sought to direct the Union of India to pass effective orders thereby restraining individuals without having a valid medical trade license under Medical Devices Rules 2020 from importing medicines and medical equipment and confine the import to hospitals or institutions.

It further sought to permit individual import for self-use in order to curb profiteering and hoarding of medical equipment and medicines.

It also sought to direct the registry of the court to forward all orders passed by it to the concerned designated special court dealing with cases under the “Essential Commodities Act and Epidemic act”.

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