• 18. Registration of Genetic Counselling Centres, Genetic Laboratories or Genetic Clinics. (1) No person shall open any Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, including clinic, laboratory or centre having ultrasound or imaging machine or scanner or any other technology capable of undertaking determination of sex of foetus and sex selection, or render services to any of them, after the commencement of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 unless such centre, laboratory or clinic is duly registered under the Act.

• Sale, distribution, supply, renting, allowance or authorisation of use of any ultrasound machine or any other equipment capable of detecting sex of foetus to non-registered units

• Persons liable to be punished-

Any organisation including Commercial organisation / Company, Manufacturer, Importer, Dealer, Supplier

• Rule 9 (8). Every Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic and Imaging Centre shall send a complete report in respect of all pre-conception or pregnancy related procedures/techniques/tests conducted by them in respect of each month by 5th day of the following month to the concerned Appropriate Authority.

• Provided that the person conducting ultrasonography on a pregnant woman shall keep complete record thereof in the clinic in such manner, as may be prescribed, and any deficiency or inaccuracy found therein shall amount to contravention of provisions of section 5 or section 6 unless contrary is proved by the person conducting such ultrasonography;

• 1. All records, charts, forms, reports, consent letters and all other documents required to be maintained under this Act and the rules shall be preserved for a period of two years or for such period as may be prescribed:

• Provided that, if any criminal or other proceedings are institute against any Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, the records and all other documents of such Centre, Laboratory or Clinic shall be preserved till the final disposal of such proceedings.

• 2. All such records shall, at all reasonable times, be made available for inspection to the Appropriate Authority or to any other person authorised by the Appropriate Authority in this behalf

Only mention of public interest in the act is-

• Section 20 (3). Notwithstanding anything contained in sub-sections (1) and (2), if the Appropriate Authority is, of the opinion that it is necessary or expedient so to do in the public interest, it may, for reasons to be recorded in writing, suspend the registration of any Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic without issuing any such notice referred to in sub-section (1).

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’.

Rule No. 17(2)

 

 

Rule No. 6(2)

 

Rule No. 17(1)

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)

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.

Section 3 Any such equipment has to be sealed and seized by the Appropriate Authority concerned.

He/She may Launch the case in the court u/s 28 of the Act.

Register such centre after receiving 5 times the registration fee as penalty and after taking a undertaking as per the PNDT Rules-Rule 11(2).

Record Keeping

Irregularities in record keeping as per revised form ‘F’ are a major offence.• Sex Selection

Section 4, 29 and Rule-9

Section 3A. 4(5). 6 read with section 2(0)

Contravention (a major offence) of provision of section 5 and 6 of the Act and punishable U/s 23(1) of the PNDT Act.

Violation of section 5 and 6 of the Act and punishable u/s 23 of the Act.