FMRAI NEWS
Transcription
FMRAI NEWS
FMRAI NEWS 1 JULY 2011 Rs.3 Vol. X No. 12 KOLKATA Organ of Federation of Medical And Sales Representatives Associations of India 60-A Charu Avenue • Kolkata-700 033 • Phone : (033)24242862 • Fax : (033)24244943 • www.fmrai.org • E-mail : [email protected], [email protected] Demands Day Medicines for People O n 14 June, in at least 181 cities and towns in 22 states and union territories across India; thousands of FMRAI members brought out rallies, held public meetings and distributed handbills, organized conventions, staged dharnas and demonstrations and submitted memoranda to the state governments and to the governors for central government. It was a curtain raiser programme of FMRAI’s movement on medicines for people to be concluded in massive solidarity day programme on 17 August which is also the countrywide strike day of more than a lakh of sales promotion employees of organized sector pharma companies generally known as medical representatives. Leaders and members of the organizations of medical practitioners, trade unions and others mass organizations also joined FMRAI’s programmes in Nagaland, Meghalaya, Assam, Manipur, Tripura, West Bengal, Orissa, Bihar, Jharkhand, Uttar Pradesh, Uttarakhand, Rajasthan, Himachal Pradesh, Punjab, Chandigarh, Madhya Pradesh, Chhattisgarh, Maharashtra, Andhra Pradesh, Karnataka, Tamilnadu, Puduchery and Kerala on FMRAI’s 5-point demands on medicines for people. Tezpur Erode Delhi MEs, under franchisees, on 24 June. In view of admission of FMRAI’s charter of demands in conciliation at Mumbai on 14 June; FMRAI deleted this demand vide their letter of 20 June from strike notice of 7 June. As per available reports, out of total 1545 field workers of all designations and of all divisions in the company, 1065 participated in the strike. Day long dharna and gate meetings were held before company’s establishments at Guwahati, Kolkata, Ranchi, Patna, Lucknow, Delhi, Chandigarh, Jaipur, Indore, Raipur, Pune, Nagpur, Hyderabad, Chennai, Kochi and Bengaluru Bengaluru. Despite heavy rains large number of local council subcommittee members and leaders joined the striking workers. Women field workers also attended dharna in different states. In north east, field workers of Manipur, Mizoram, Aizwal, Meghalaya and Tripura also participated in strike. In Gujarat, dharna was not staged. However, USV field workers in their respective towns went to the distributors place and recorded par ticipation in strike. Uttar Pradesh Chemists and Druggists Association supported the strike and demands by issuing MPMSRU’s secretary Santosh Soni explained the 5 point demands of FMRAI. Seminar supported the demands. In Orissa, street corner meetings were joined by leaders of CITU and other fraternal unions. At Rourkela, OSRU delegation met housing and urban development minister Sarada Nayak. Delegations submitted memoranda to governor of Bihar at Patna and governor of Jharkhand at Ranchi. In West Bengal, conventions were held and rallies were brought out at Murshidabad, Durgapur, Birbhum, North and South 24 Parganas, Hooghly, Midnapur (West). Delegation submitted memorandum to the governor of West Bengal. Rallies were brought out at Guwahati, Tezpur, and Jorhat. In Uttar Pradesh and Uttarakhand, more than two See page-4 Akola Strike in USV P rotesting against victimizations by transfers and terminations on alleged ground of poor sales; violation of terms of settlement with regard to payment of annual increment and daily allowances; illegal deduction from expense statement; illegal change in the service condition without giving notice under section 9A; and for regularization of jobs of franchise field workers under Contract Labour (Regulation & Abolition) Act; holding grievance committee meetings; compliance of SPE Act including revised Letter of Appointment in Form A, leave and service books etc; initial reports indicate 70 percent country-wide strike by all sales promotion employees of USV Ltd including the PSRs, BEs, Senior BEs and In Kolkata, a drug convention was held at Yuva Kendra presided over by WBMSRU’s president Robin Deb. Dr. Amit Sengupta of AIPSN was the main speaker. Others, who spoke in the convention, include Dr. Gopal Das and Dr. Amitava Bhattacharya of IMA; Dr. Biswarup Sukul of Association of Health Service Doctors; Samir Bhattacharya of 12 July Committee, FMRAI general secretary D. P. Dubey and WBMSRU’s general secretary Sumahan Chakraborty. At Durg in Chhattisgarh, a seminar on Drugs for People was attended and addressed by IMA secretaries of Durg and Bhilai Dr.Anil Agrawal and Dr. P.K.Banerjee; senior IMA leaders Dr. R.S.Naik, Dr. Ajay Govardhan, Dr.Sharad Patankar, Dr.Kaushlendra Thakur, Dr.(Mrs) Archana Chowhan; president of press club Ajay Behra; trade union leaders of postal and insurance employees and others. statement. FMRAI’s secretary R. P. Singh, UPMSRA’s general secretary Rakesh Pandey, joint general secretary Subodh Awasthy, USV’s zonal convener Aswini Bajaj and joint zonal convener Hemant Singh addressed the participants. In Delhi, dharna was organized before zonal office. CITU’s Delhi state secretary Virendra Gaur, DSMRO’s president N. P. Saini, general secretary T. K. Mitra expresident A. S. Chadha, state committee member Vijay Singh and USV’s joint convener Seema Bajaj addressed the gate meeting. At Chandigarh, dharna was addressed by state general Lucknow secretary Shiv Awasthy, Chandigarh unit president Sandeep Sharma and conveners Hemant and J. S. Rajput. (photo). State-wise total field workers / strike participants are: West Bengal – 108/70, BiharJharkhand – 66/63, N.E.Region – 48/46, Orissa – 50/49 (1 on leave), Uttar PradeshUttarakhand – 131/111, Delhi – 65/34, Punjab-Chandigarh – 99/ 24, Rajasthan – 45/45, Madhya Pradesh-Chhattisgarh – 78/76, Maharashtra – 270/103, Gujarat – 92/71, Andhra Pradesh – 128/ 128, Tamilnadu – 163/123 (3 on leave), Kerala – 90/75, Karnataka – 112/28 (15 on leave); East Zone (Zone I) – 272/229; North Zone (Zone II) – 340/214; West Zone (Zone III) – 440/250 and South Zone (Zone IV) – 493/372.n Chandigarh FMRAI NEWS JULY 2011 Editorial FMRAI NEWS l July 2011 l Government’s responsibility in supply and control of medicines I n this issue of FMRAI News, lead stories are on agitation and developments in respect of 5 point medicine related demands of FMRAI. Pharmaceuticals can not be marketed directly to the consumers. Therefore, drug MNCs, followed by Indian companies, require a large number of unorganized sales force who are completely under their command and who can be used for their unfair practices to exploit the people for quick profit. Exploitation of the people and exploitation of sales promotion employees are inter-related. Therefore, fight against pharma corporate corruption and fight against field workers exploitation are also inter-dependent. Pharma companies have to rely on personalized marketing among highly qualified professionals, the medical practitioners. This dependence is also the weakness of pharma companies. Medicine is such a commodity which has to be regulated and controlled because of its very nature. It protects the life and health. Its unregulated use is also dangerous for safety of life and health. It is in this background FMRAI’s medicine related 5 demands are urgent and important for the people and for the field workers themselves. Government ultimately published list of essential medicines. But, what for, there is no answer to that. Unless you link it with availability and within reach of common man, the list remains only for its academic value. Why the drug companies should not be compelled for compulsory manufacturing of essential medicines of at least 25% of its total sales turn over? Government is trying to sell prime lands of pharma PSUs. Manmohan Singh government professes for Aam Admi. It is supposed to be a welfare state. Why central government should not manufacture bulk essential drugs in these PSUs? Why the central government should charge excise duty on life saving and essential medicines? Cost-based excise duty was converted as MRP-based, thereby, 8% excise duty remains only notional. With higher MRP, the excise duties also go up. FMRAI demanded complete tax relief on all essential medicines including excise duty and vat. The other question is price control of essential drugs. Since first DPCO, the mark up on cost for essential medicines remained at 100%. Where is the need of reviewing this structure of pricing. Why all essential drugs should not be brought in this pricing structure? With world economic crisis being further accentuated leading to sovereign indebtedness in several countries of Europe; serious cut in social securities including health care system; contraction of market in general and pharma market in particular; big drug MNCs started their journey to so called emerging economies with destination India being most attractive because of neo-liberal policy of the government and weak regulatory mechanism. This column published that estimated Rs.48,000 crs of FDI has come in pharma industry during 2007 – 2010 through acquisition route alone. Added to that is FDI in outsourced drug trials in India to the tune $1.5 to $ 2 billions in 2010 alone (TOI, 20 June, 2011). Exposure of such outsourced drug trials in clandestine manner in Andhra Pradesh has recently come to light. There is complete absence of regulatory mechanism for such clinical trials. In this context, strict regulatory mechanism and defence of self reliance of India in drug production has become important. India’s healthcare is not safe in the hands of drug MNCs. Government has primary role of drug production and control of safety of life and health of the people of the country.n 2 LEGAL NOTES Union can defend chargesheeted employee in domestic enquiry In the Complaint (ULP) No. 83 of 2011 under MRTU & PULP Act, filed by FMRAI and Abhijit Krishna Ghosh, the field worker of Alkem Laboratories Ltd based at Kolkata; the 7th Labour Court at Mumbai, presided over by justice V. P. Avhad, passed interim order on 11 May, 2011 as “Respondents are directed to permit complaint No.2 i.e. chargesheeted employee to be represented by union representative in domestic enquiry.” Advocate R.D. Bhat represented the complainants. Abhijit Krishna Ghosh, a sales promotion employee, designated as ‘Marketing Executive’, was charge- From page-4 sheeted by the company and domestic enquiry was held on 23.3.2011 at Mumbai. The enquiry officer refused to allow him to be defended by the union on the ground that ‘service rules’ of the company only allows a co-marketing-executive as a defender. Against this ruling of the enquiry officer, present complaint was filed. The court held (1) that, “The so called rules relied by the respondents are admittedly not certified standing orders” and that, “the so called service rules have no legal sanctity”; (2) “When there are no certified standing orders the Model Standing Orders will apply;” (3) that, Model Standing Orders “permits to the workman to be defended by a co-workman working in same department or by office bearer of a trade union of which he is member.” and (4) that, in case of Abhijit “when there are no certified standing orders the complainant i.e. chargesheeted employee is to be permitted to be defended by union representative or co-workman as per his choice.” Ultimately, by letter dated 20 June, the management of Alkem informed Abhijit that the next date of enquiry was fixed on 30 August and that they “would abide by the Hon’ble Labour Court’s Order dated 11th May, 2011” i.e. Abhijit may be represented by FMRAI. Of 5 Demands on Medicines made, people do not get any relief from overcharging of medicine prices. The recovered amount goes to government’s coffer. Pharma companies are well known of bribing for prescription and trade. As parliamentary committee, Hathi Committee pointed out in their report decades back that, unlike other commodities, medicine is such a commodity where one who purchases has no choice and one who decides does not spend. This exclusive commodity-market character opens up flood gate of unfair marketing through bribing route. FMRAI News carried on several such news items. Therefore, there has to be strict regulatory mechanism and control which India failed so far despite central and state drug control establishments. 33rd World Health Assembly of WHO in May 1986 adopted resolution no. WHA 39.27 ‘on ethical marketing criteria for medicinal drug promotion’ and asked governments, “These criteria constitute general principles for ethical standards which could be adapted by governments to national circumstances as appropriate to their political, economic, cultural, social, educational, scientific and technical situation, laws and regulations, disease profile, therapeutic traditions and the level of development of their health system.” There was no response from the Government of India to this WHO resolution and left the matter entirely on the drug industry. Exposure in media of massive pharma corporate corruption in marketing and trade, OPPI, the association of mainly multinational drug companies, and IDMA, mainly representing Indian sector’s interests, for public consumption, came out with ‘voluntary code of ethical marketing practices’ which their member companies choose to ignore. Ultimately Medical Council of India (MCI) stepped in and issued notification No. MCI – 211 (1) / 2009 (Ethics) / 55667 on 10 December, 2009 under section 33 of the Indian Medical Council Act, 1956 amending “Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations”, 2002 with strict guidelines for medical practitioners. This regulation raises accusing finger to medical practitioners and not to the main culprits, the bribe giver pharma companies. Now there is strict regulation and punitive provisions for the medical practitioners, but still there is no law or regulation against unfair marketing by pharma companies bribing their way for prescription. “Today (sales) promotion turned out to be large cash payments, expensive gifts and sponsoring of pleasure trips to the doctors,” writes Pharmabiz. Neo-liberal policy is restraining the government to act. Facing criticism, the department of pharmaceuticals of the central government issued a lopsided voluntary ‘Uniform Code of Pharmaceuticals Marketing Practices (UCPMP)’ in June, 2011. Yet, there is no proposal for regulation or law to prevent bribing by drug companies. n FMRAI’s 5-Point Demands on Medicines 1. Prevent multinational companies’ take over of Indian companies; 2. Revive public sector drug units including vaccine producing plants and defend Indian sector companies; 3. Bring all items in the National List of Essential Medicines under cost-based price control as applicable to the ‘List of Essential Drugs’ under DPCO 1995 ensuring their availability through compulsory manufacturing and through PSUs; and stop banning of well established products of Indian companies without substantial ground and protect jobs of workers; 4. Cap on all drug prices; minimum MRP on all essential drugs; no excise duties on essential drugs; minimum excise duties on other medicines and revert to cost based system; and 5. Stop unethical trade and marketing practices by drug companies and take effective steps against fake drugs. CONDOLENCE Comrade Pinaki Nandy Comrade Pinaky Nandy (42), Win Medicare field worker at Jorhat in Assam, died of road accident leaving behind his wife, an infant son, ailing mother, two brothers and sisters. He was elected twice as state convener of West Bengal council and was recently transferred to Assam. FMRAI mourns the untimely death of Comrade Pinaky Nandy and sends heartfelt condolence to his bereaved family members. Comrade Dilip Bhattacharjee Comrade Dilip Bhattacharjee (64), former member of WBMSRU, passed away on 1 June following a prolong illness. He left behind his wife and a daughter. Comrade Dilip Bhjattacharjee was son of late Comrade Panchanan Bhattacharjee, one of the founder members of WBMSRU and elder brother of BSSR Union’s general secretary Deepak Bhattacharjee. FMRAI mourns the death of Comrade Dilip Bhattacharjee and sends heartfelt condolence to his bereaved family members. FMRAI NEWS For Violation of SPE Act 10 Companies Prosecuted D uring last two years, on complaints of FMRAI, prosecution cases have been filed personally against top executives of 10 companies by the state governments of Maharashtra, Andhra Pradesh, Karnataka and Uttarakhand for violation of Sales Promotion Employees (Conditions of Service) Act, 1976 and its Rules specifically for not giving appointment letters in Form A, and for not maintaining register of sales promotion employees in Form B, service books in Form C, register of service books in Form D and leave account in Form E. In Maharashtra, cases have been filed before the court of Additional Chief Metropolitan Magistrate at Andheri, court no. 22 against (1) Fulford (India) Limited (case no. 70/SL/2009) and personally against Samir Tamhane, Director HR; (2) against Aventis Pharma Limited (case no. 01/SL/2011) and personally against Shailesh Ayyenger, Managing Director, Pradeep Vaishanav, Sr. Director HR, and S. Ghogey, Director; (3) against Solvay Pharma India Limited (case no. 02/SL/2011) and personally against Nitin Gadgil, Managing Director, M. S. Garewal, Director, D. G. Rajan, Director and S. N. Talwar, Director; and before the court of Metropolitan Magistrate at Bhoiwada at Dadar, court no.5, (4) against RPG Life Sciences (case no. 1392/55/10) and personally against Ajit Singh Chauhan, Managing Director; and (5) Merck (India) Limited (case no. 354/SL/2010) and personally against Merck Diziki, Managing Director and K. Shivkumar, Director. In Andhra Pradesh, cases have been filed before the court of XII Additional Metropolitan Magistrate, Nampally, Hyderabad against (6) Biological E (STC no. 1042/2010) and personally against G. V. Rao, “occupier of Biological E Ltd’; against (7) Genx Pharma (STC no. 16/2011) and personally against P. K. Hiradhar, CEO and G.V. Shesha Reddy, general manager finance; against (8) Vanguard Therapeutics (STC no. 17/2011) and personally against P. Koteshwar Rao, CMD, and against (9) Zydus Cadila (STC no. 818/10) and personally against Pankaj B. Patel. CMD. In Karnataka, cases have been filed before the Metropolitan Magistrate, Traffic Court–VI, Bangalore, against (10-I) AstraZeneca Pharma India Ltd (CR/ 10/2011-12) and personally against D. E. Udwadia, chairman, K. S. Shah, Director, Ian M. D. Brimicombi, Director, Luigi Filais La Corte, Director, Anandh Balasundharam, Director and Manoj Singalchar, Sr. HR. In Uttarakhand, cases have been filed before the court of Chief Judicial Magistrate at Dehradun against (10-II) AstraZeneca Pharma India Ltd (case no. 1199/11) and personally against Anandh Balasundharam, Director.n FIR to file against extortion of resignations for Pfizer F MRAI’s charters of demands to both Wyeth and Pfizer were admitted in conciliation and are now in the process of reference to tribunal by the government of Maharashtra. Desperate Pfizer management is trying to extract letters of resignations from WLL field workers offering contract service in Pfizer. From Piramal Healthcare to Abbott Healthcare it was job transfer, as is where basis, under the provisions of I. D. Act. From WLL to Pfizer it is through resignation. Management’s attempt of extor tion of resignation is punishable offence under section 384 and 385 of Cr.PC. FMRAI has asked its units to file FIR in nearest police station against the culprit managers, who are attempting extor tion of Torrent field workers in A.P. abstained en masse P rotesting against harassments, victimizations, coercion and threats of leading functionaries by the management; notified by APMSRU, Torrent field workers of Andhra Pradesh en masse abstained on 20 June. The field workers responded magnificently braving the threats of the management. Out of total 175 field workers in the state, 126 Torrent field workers of Andhra Pradesh abstained from work on leave en masse.n Yogesh Kumar’s victimization issue in tribunal Yogesh Kumar had been working for Pfizer since June, 2006. Without any charge-sheet and domestic enquiry, without following the rules of natural justice the company terminated his service on 28 January, 2011. RMSRU raised industrial dispute which was admitted in conciliation under 12(2) of I.D Act. Management did not appear in the conciliation. The conciliation officer submitted failure report on 11 April, 2011. On 3 June 2011, Yogesh Kumar’s dispute has been referred to Industrial Tribunal at Jaipur for adjudication. resignations from Wyeth field workers. Those WLL field workers, who were duped by Pfizer and submitted resignation from many years of jobs in Wyeth and accepted contract service of Pfizer; by now, are being forced to leave job. Within a year’s time at least 16 of them had to leave Pfizer’s job. They include M. Kumar, Hyderabad; Mir Ahmed, Hyderabad; Srinivas, Vishakhapatnam; Chandrasekher, Kurnool; Vijay Premnath, Trichy; Ravi Shankar, Bangalore; R. Satish, Chennai; Ganesh Batra, Chennai; Prasant Tyagi, Delhi; Satish Kaushal, Mumbai; Deepak Sakula, Mumbai; Amarnath Mishra, Goa; Amit Jain, Jaipur; U.K.Bhat, Baroda; V. Sutar, Gujrat; Rajat Saha, Kolkata.n Settlement in Emcee Pharmaceuticals T he second wage settlement between Emcee Pharmaceuticals, West Bengal and WBMSRU was signed on 23 May covering 18 sales promotion employees of the company. The settlement was signed under the provisions of Industrial Disputes Act for a period of three years, effective from 1 October, 2010. The settlement shall derive a minimum benefit of Rs.1952 and maximum of Rs.2748 with average of Rs2289 per field worker per month. There are two grades in the pay scales and grade promotion will be automatic, on completion of 15 years in first grade. The first grade starts from Rs.3500 and ends at Rs.5150 with annual increment ranging from Rs.90 to Rs.130 and the grade II starts from Rs.5450 and ends at Rs.8420 with increments ranging from Rs.140 to Rs.190. The basic pay of all sales promotion employees have been fitted into the scale as per their years of service from the date of their joining. The variable dearness allowance shall be paid as per West Bengal government’s notification whereas house rent allowance shall be @ 10% of basic and VDA; LTA shall be Rs.900 upto 15 years of service and Rs.1500 beyond that. Daily allowances have also been revised.n JULY 2011 In M.P. & Chhattisgarh USV field workers’ two strikes in a week W ithin four days after successful all India strike, USV field workers in Madhya Pradesh and Chhattisgarh of all designations and divisions, including those working under the franchise, had to resort to yet another complete strike on 28 June. MPMSRU issued shor t strike notice and all 76 striking field workers in two states and one From page-4 field worker, being seriously sick, abstained from work in protest against transfer of senior most field worker Feroz Jafar, who is also the president of Bhopal unit of MPMSRU and joint convener of USV council, termination of service of Jabalpur based field worker Avinash Kumar Mishra, deduction of expenses and non payment of LTA etc.n ... at Indore & Raipur Indore, A gate meeting was held addressed by CITU’s Madhya Pradesh state general secretary Pramod Pradhan, MPMSRU’s president S. K. Talukder, joint general secretary S. S. Tomar, treasurer Anurag Saxena, secretary Sandeep Chaturvedi and Indore unit’s secretary Manish Thakkar. A delegation, led by Pramod Pradhan, met the labour commissioner, submitted a memorandum and had long discussion who assured to look into the demands and pursue the same at the appropriate level. Large number of members from Raipur, Durg, Bilaspur, Ambikapur and Raigarh joined state level dharna of Chhattisgarh at Raipur and staged demonstration. A public meeting was addressed by MPMSRU leaders. Led by CITU’s state president Ajeet Lal and its treasurer Maruty Dongre, MPMSRU’s vice president N. P. Shukla and secretary Santosh Soni marched to labour commissioner’s office, staged demonstration and submitted memorandum.n AGB meeting of Jalandhar 155 members of Jalandhar unit attended its annual general body meeting on 19 May at Guru Nanak Dev Library Hall. General secretary Shiv Awasthy and other leaders Wadhera from Moga, Chander and H S Ranu from Bathinda and Sahni from Jalandhar addressed the par ticipants. The meeting unanimously elected R. Sahni as president, Vineet Sharma as secretary and Kanwardeep as treasurer.n Motor cycle rally at Alwar on 14 June 3 JULY 2011 FMRAI NEWS Registration No. WBENG/2001/6430 STATE NEWS From page-1 General Council Meeting of BSSRU A massive rally against diesel, kerosene oil and LPG price increase and raising slogans on demands, preceded the general council meeting of BSSR Union at Dhanbad on 25-26 June. The general council meeting was inaugurated by CITU’s secretary Dipankar Mukherjee, for mer MP and ended with concluding speech by CITU’s vice president and CPI(M)’s leader in Lok Sabha Basudev Acharia, MP. Chairman of the reception committee, CITU’s all India vice president, its Jharkhand state president and wor king president of Coal Workers Federation of India S.K. Bakshi welcomed the participants. Prabhulal, general secretary of Dhanbad district coordination committee of trade unions, Hemant Mishra of AIIEA, Debashish Baidya of BEFI, former general secretary J. S. Majumdar also addressed. Dipankar Mukherjee S.K. Bakshi 141 general council members and 32 observers attended. The Basudev Acharia meeting resolved to achieve 10000 membership in current year and also adopted resolutions in suppor t of 17 August all India strike, on agitation and strike in pursuance of state-related demands, against price increase of petroleum products and demanding compensation by 30% increase in wages and allowances, in solidarity with the strike of bank employees, coal and P&T workers. The general council constituted four commissions and discussed the reports, placed reports in planary sessions and adopted the reports.n thousand members joined programmes including forming human chain in the centre of the city of Lucknow and near major hospitals. Memorandum was submitted to the governor B.L. Joshi in delegation. In Himachal Pradesh memoranda were submitted at Shimla, Solan, Mandi, Hamirpur, Kangra and Dharmshala. In Rajasthan, delegation met health secretary at Jaipur and submitted memorandum. In Tamilnadu, 15000 leaflets in Tamil Kolkata were distributed. A massive rally of 450 strong, comprising of TNMSRA members, fraternal trade unions and students of two nursing colleges were taken out at Erode. Demonstrations were staged before collectorate at Vellore and before central bus stand at Coimbatore. Dharnas were staged at Dindigul and Cuddalore. In Kerala, a rally to the Rajbhawan was taken out at Thiruvanantapuram and memorandum was submitted to the Governor. Gate Durg meetings were held in front of the collectorates at Kollam and Calicut. Conventions with fraternal unions were held at Ernakulam, Pallakad and Thrissur forming Samara Sahaya Samithis. In Karnataka, at Mysore demonstration was staged.n (Alwar photo on page 3) Of 5 Demands on Medicines 5 n pursuance of state-related demands, MPMSRU staged state level dharnas at Indore for Madhya Pradesh and Raipur for Chhattisgarh on 13 June. This was preceded by staging dharnas and demonstrations by units and submitting memoranda to district administration. Members from 14 units of MPMSRU in Madhya Pradesh staged day long dharna at Dawa Bazar, See page-3 See page-2 A MLA, Dr. K Nageshwar, MLC, CITU’s vice president R. Laxmayya, RBI employees union’s secretary Kranthi, All India Lawyers union’s vice president Parthasarathy, TNMSRA’s secretary V. Vasudevan, FMRAI and APMSRU leaders T. Kameswar Rao, I. Raju Bhat and other secretariat members of APMSRU addressed the dharna.n State Dharnas at Indore & Raipur I At Raipur ... Medicines for People -point demands of FMRAI on medicines for people are mainly in three areas: -For price control, complete removal of all taxes and to ensure availability of all life saving and essential drugs by compulsory manufacturing; -Against pharma corporate corruption of ‘pay for prescription’ and ‘pay for trade by illegal discounts’ and -For defence of self-reliant Indian pharma industry including PSUs. In SLP Case No. 3668/2003, the Supreme Court directed the Union Health Ministry to review and expand the ‘List of Essential Drugs’ (LED), which is having only 74 drugs at present; submit the same in the Court and bring those under price control. Drugs and their formulations in the LED has maximum limit of 100% cost-based mark up since Drug Price (Control) Order, 1979 (DPCO, 1979). However, under influence of powerful multinational and national drug lobby, the Government, under some unsustainable plea, submitted in the Supreme Court a different list, the ‘National List of Essential Medicines’ (NLEM). NLEM has since been revised in June, 2011 having 348 drugs and formulations. Unlike LED, NLEM is having no relevance with price control. Joint committee of central government and drug industry could not come to any common understanding on price control of items in NLEM as the industry is asking for complete removal of cost-based price control, voluntary fixation of prices and instead of ‘control’ only ‘monitoring’. The NPPA (National Pharmaceutical Pricing Authority) was set up by the central government in August 1997 for making available ‘pharmaceutical products at reasonable prices.’ In 14 years of NPPA, prices of medicines, including essential and life-saving drugs, have gone out of the reach of common man. And now, the new chairman of NPPA, G. Balachandran says that the NPPA “needed to maintain a fine balance between the interests of consumers and producers”. (Extracts from interview by Joseph Alexander, New Delhi, June 09, 2011). He also said, “NPPA considers the cooperation of the pharmaceutical industry as a pre-requisite condition.” Here is a sample of cooperation of the industry Balachandran is seeking for. In April, 2011, after 20 years of legal wrangle, Supreme Court finally asked GlaxoSmithKline Pharmaceuticals to pay Rs.71.21 crs to Drug Prices Equalization Account (DPEA) of the central government for overcharging Betamethasone group of skin ointments in violation of DPCO, 1979. Out of total Rs.2328.52 crs outstanding in 786 such cases till January 31, 2011, NPPA could recover just Rs.202 crs. Defaulting pharma major companies are Cipla, Cadila, Ranbaxy, Dr Reddy’s Lab and Pfizer. “By challenging drug price fixation orders in various courts, the pharma companies have been just denying the very opportunity of getting medicines at fair prices to the poor patients.”(From editorial, Pharmabiz by P. A. Francis, April 19, 2011). Even if full recovery is Meeting with A.P. Chief Minister on Demands ndhra Pradesh being one of the six states for all India OSG movement on enforcement of SPE Act, and on state-related demands of the field workers; APMSRU members, joined by leading OSG members from Tamilnadu, staged a state level dharna before the government secretariat at Indira Park, Hyderabad on 13 June. A delegation, led by CPI(M)’s leader in the Assembly Julakanti Ranga Reddy and consisting of FMRAI’s secretary T. Kameswar Rao, APMSRU’s joint general secretary I. Raju Bhat and secretary A. Nageshwar Rao met Andhra Pradesh chief minister N. Kiran Kumar Reddy on 13 June, submitted memorandum containing demands and explained the demands. The chief minister assured to advise the labour department to look into the demands favourably. The dharna was presided over by APMSRU’s president Mukund Kulkarni. Julakanti Ranga Reddy Postal Registration No. KOL RMS/106/2010-2012 Printed by D P Dubey, published by D P Dubey on behalf of Federation of Medical and Sales Representatives’ Associations of India and printed at Satyajug Employees Co-operative Industrial Society Ltd. 13 Prafulla Sarkar Street, Kolkata-700 072 and published at 60-A, Charu Avenue Kolkata-700 033 EDITOR : D P DUBEY
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