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.
VIOLATIONS SECTION/RULE OF THE PNDT ACT PENALTIES
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)

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)

Advertisement relating to pre-conception and pre-natal determination of sex.

Section 22(1), (2).

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

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

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.

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.

Section 3(2) and Rule 3(b).

Under Rule 4.6 and as per Form 'A'. Sr. No. 8

Under rule 9.

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.

Record Keeping

Irregularities in record keeping as per revised form 'F' are a major offence.

Section 4, 29 and Rule-9.

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

Sex Selection

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

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