VIOLATIONS UNDER THE PNDT ACT AND THE PENALTIES
- Any medical geneticist, gynaecologist, registered medical practitioner or any person
who owns a Genetic Counselling Centre, a Genetic Laboratory or a Genetic Clinic or
is employed in such a Centre, Laboratory or Clinic and renders his professional
or technical services to or at such centre, Laboratory or Clinic, whether on an
honorary basis or otherwise, and who contravenes any of the provisions of this Act
or rules made thereunder shall be punishable with imprisonment for a term which
may extend to three years and with fine which may extend to Ten thousand rupees
and on any subsequent conviction, with imprisonment which may extend to five years
and with fine which may extend to fifty thousand rupees.
- The name of registered medical practitioner shall be reported by the appropriate
authority to the State Medical Council concerned for taking necessary action including
suspension of the registration, if the charges are framed by the court and till
the case is disposed of and on conviction for removal of his name from the register
of the counsel for a period of five years for the first offence and permanently
for the subsequent offence.
- Any person who seeks the aid of any Genetic Counselling Centre, Genetic Laboratory,
Genetic Clinic or ultrasound clinic or imaging clinic or of a medical geneticist
, gynaecologist sinologist or imaging specialist or registered medical practitioner
or any other person for sex selection of for conducting pre- natal diagnostic techniques
on any pregnant women or for the purposes other than those specified ill sub-section
(2) of section 4, he shall be punishable with imprisonment for a team which may
extend to three years and with fine which may extend to fifty thousand rupees for
the first offence and for any subsequent offence with imprisonment which may extend
to five years and with fine which may extend to one lakh rupees.
- If they insist doctor to do the test of sex determination then the doctors are instructed
to record the conversation and the case can be files against them .They can also
be punish for 3 years rigorous imprisonment and fine of Fifty Thousand rupees.
- All the associations of the doctors like IMA/FOGSI/MOGS/AMC and radiological associations
etc.. should take the action of suspension or cancellation of registration of doctors
if the doctor is caught of found conducting sex determination or convicted by the
court.
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VIOLATIONS
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SECTION/RULE
OF
THE PNDT ACT
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PENALTIES
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Minor Offences
Non-availability of copy of the PNDT Act in the registered centre
Non- Display of registration certificate in the centre.
Non-Display of Board in the premises in English and Local Language that ‘Disclosure
of the sex of the foetus is prohibited under law’.
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Rule No. 17(2)
Rule No. 6(2)
Rule No. 17(1)
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For Minor Offences:
Case may be launched in the court of JMIC u/s 25 of the Act. Punishment may extend
to 3 months or with fine, which may extend to Rs. 1,000/-for first offence. Additional
fine upto Rs. 500/- per day for the period of contravention for subsequent offence.
Or
Show cause notice u/s 20(1),(2) for temporary suspension of registration.
Or
Under Section 20(3)
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2. Advertisement relating to pre-conception and pre-natal determination of sex.
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Section 22(1), (2).
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U/s 22(3) of the PNDT Amendment Act, imprisonment which may extend to 3 years and
with fine which may extend to Rs. 10,000/-.
Case is to be launched in the court u/s 28 of the Act
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3. Unregistered centres. It includes all such centres where any
portable equipment capable of detecting sex before or after conception is used.
The owner of such equipment may be having a registered facility somewhere else.
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Section 3
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under SECTION/RULE OF THE PNDT ACT it should be Section 23 instead of 3 and in penalties
it should be u/s 23 instead of 28.
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4. Irregularities in registered centre
Owner/employee conducting the ultrasonography not qualified.
More ultra sound Machines /equipments where
as less number register.
Minor deficiency in record
Keeping.
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Section 3(2) and Rule 3(b).
Under Rule 4.6 and as per Form ‘A’. Sr. No. 8
Under rule 9.
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The Appropriate Authority or person authorized thereupon may:
Issue show cause notice u/s 20(1)(2) of the Act and with the endorsement of the
Advisory Committee, may suspend (for a reasonable period) or cancel the registration,
as per the magnitude of the violation.
May take Suo Moto action u/s 20(3) and suspend the registration without issuing
show cause notice.
Note:
1.During the period of suspension of registration, the equipment needs to be sealed
and signed and kept with the owner. After cancellation of the registration, the
equipment has to be sealed and seized.
Any body aggrieved by the above decision may appeal to the higher-level Appropriate
Authority within 30 days of the action. The appeal shall be disposed of by the higher
authority within 60 days of its receipt.
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Record Keeping
Irregularities in record keeping as per revised form ‘F’ are a major offence.
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Section 4, 29 and Rule-9.
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Contravention (a major offence) of provision of section 5 and 6 of the Act and punishable
U/s 23(1) of the PNDT Act.
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6. Sex Selection
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Section 3A. 4(5). 6 read with section 2(0)
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Violation of section 5 and 6 of the Act and punishable u/s 23 of the Act.
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Note:-
1. All offences under the Act are cognizable, non-bailable and non-compoundable
(Section 27).
Even a case has been registered by the police, no court shall take cognizance except
the complaint has been filed by the AA or by the person/group who had served a legal
notice of 15 days to the AA already (section 28).
Action u/s 20 and filing of criminal complaint u/s 28 can go simultaneously (section
20).
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