4. PUBLIC INFORMATION
A Notice Board in local language displaying that no sex
determination/sex selection is done at the clinic and
determination of sex is prohibited under the Act,
prominently outside the clinic
Registration Certificate be hung at conspicuous place in
the clinic where it can be seen easily
A booklet of latest PCPNDT Act & Rules
11 December 2013
4
5. RECORDS TO BE MAINTAINED
Register showing details of person undergoing counseling/test
Consent forms from man/woman undergoing counseling or test on Form G
Record of each woman undergoing counseling on Form D
Record
of
each
woman/man
undergoing
Pre-Natal
Diagnostic
tests/procedures/ techniques on Form E
Record of each man/woman subjected to tests/ techniques/procedures on
Form F
All records, consent forms, results, microscopic pictures, sonographic
plates to be preserved for two years or till disposal of legal proceedings, if
any
Records maintained on computer or other electronic equipment- printed
copy of records should be preserved after due authentication for period as
11 December 2013
mentioned above
5
6. Each Registered centre should send report on prescribed form on 5th of
every month to Appropriate Authority
Declaration by person conducting Ultrasonography or image scanning on
pregnant women on each report, stating that sex determination or
communication of sex has been done by him.
Any deficiency or inaccuracy therein shall amount to contravention
of provisions of section 5 and 6 and is punishable under the Act.
11 December 2013
6
8. WHAT IS AN OFFENCE UNDER THE ACT
Advertisement for sex determination through Pre-natal Diagnostic Techniques
Determining the sex of foetus through these techniques
Conducting /running Genetic Counseling Center, Genetic Clinic or Genetic Laboratory
including Ultrasound Center without registration
Person conducting or aiding in conducting Pre-Natal Diagnostic Techniques at
unregistered place
Conducting Pre-Natal Diagnostic Test/Techniques for purposes other than mentioned in
the Act
Encouraging or forcing women to undergo Pre-Natal Diagnostic test for sex determination
Offence under the Act is cognizable, non-bailable and non-compoundable.
11 December 2013
8
9. OFFENCES
SECTION U/THE ACT
Non-registration
Section 3
Conducting pre-conception and prenatal diagnostic
techniques/procedures/tests
Section 4
Communication of sex of the foetus
Section 5
Determination of sex of the foetus
Section 6
Advertisement relating to preconception and pre-natal
determination of sex
Section 22
Non-maintenance of records
Section 29
11 December 2013
9
10. OFFENCES
PUNISHMENTS/PENALTIES
Advertisement relating to pre-conception
and pre-natal determination of sex
Imprisonment for a term which may extend
to three years AND with fine which may
extend to ten thousand rupees
Owning/being employed in/rendering his
professional or technical services at a USG
Centre/Clinic, etc. which violates provisions
of the Act
Imprisonment for a term up to three years
AND with fine which may extend to ten
thousand rupees.
Subsequent conviction shall attract
imprisonment for a term up to five years
AND with fine up to fifty thousand rupees
Seeking aid of Genetic Centres, etc. or any
other person for determination of sex in
violation of the Act
Imprisonment up to three years AND with
fine up to fifty thousand rupees.
Subsequent conviction attracts
imprisonment up to five years AND fine up
to one lakh rupees
11 December 2013
10
11. OFFENCES
For contravening any provision of the
Act or Rules for which no specific
punishment has been provided
Medical practitioners charged or
convicted under the Act
11 December 2013
PUNISHMENTS/PENALTIES
Imprisonment for a term up to three
months OR with fine up to one
thousand rupees OR with both. In the
case of continuing contravention with
an additional fine of up to five hundred
rupees for every day during which the
contravention continues after
conviction
Charged: Name of the medical
practitioner shall be reported by the AA
to the State Medical Council concerned
Convicted: Removal of his name from
the register of the Council for a period
of five years for the first offence and
permanently for any subsequent
offence
11
12. POWERS OF APPROPRIATE AUTHORITY
a) Summoning of any person who is in possession of
any information relating to violation of the
provisions of the Act or the Rules made
thereunder
b) Production of any document or material object
relating to clause
c) Issuing search warrant for any place suspected to
be indulging in sex selection technique or pre-natal
sex determination and
d) Any other matter which may be prescribed.
11 December 2013
12
13. ADVISORY COMMITTEE SHALL CONSIST OF
Three medical experts from amongst
gynaecologists, obstetricians, paediatricians, and medical
geneticists
One legal expert
One officer to represent the department dealing with
information and publicity of the State Government or the
Union Territory, as the case may be
Three eminent social workers of whom not less than one shall
be from amongst representatives of women’s organizations
NO PERSON WHO HAS BEEN ASSOCIATED WITH THE USE OR PROMOTION
OF PRE-NATAL DIAGNOSTIC TECHNIQUES FOR DETERMINATION OF SEX OR
SEX SELECTION SHALL BE APPOINTED AS A MEMBER OF THE ADVISORY
11 December 2013
13
COMMITTEE.
14. ADVISORY COMMITTEE RULES
Meeting of the Advisory Committees
The period intervening between any two
meetings of the Advisory Committee shall not
exceed the prescribed period of sixty days
Notice of Meetings
At least seven clear days notice of all meetings
of the Advisory Committee shall be given to
each member but an urgent meeting may be
called by the Chairman at three clear days
notice.
11 December 2013
14
15. ADVISORY COMMITTEE RULES
Quorum
At every meeting of the Advisory Committee
four members shall form a quorum.
Chairman of the Meeting
Meetings of the Advisory Committee shall be
presided over by the Chairman or in his/her
absence, or if no chairman has been appointed,
by a member elected by the members present
from among themselves.
11 December 2013
15
16. ADVISORY COMMITTEE RULES
Assistance to be rendered by the Appropriate
Authority to the Advisory Committee
Every meeting of the Advisory Committee shall be
attended by the Appropriate Authority concerned
All secretarial and other assistance to the Advisory
Committee for the discharge of its functions shall
be provided by the Appropriate Authority
The Appropriate Authority shall issue the notice of
the meeting, agenda, notes on agenda and the
minutes of the meeting, in consultation with the
Chairman.
11 December 2013
16
17. EFFECTIVE IMPLEMENTATION OF THE ACT
WHAT TO DO
Thorough inspection of place, equipments and technical
qualification of employees/operator at the time of
registration/renewal
Regular inspection of all registered Genetic Centres. At least
10 % of centres should be inspected every month covering
100 % centres every year
Keep track on centres due for renewal every month
Keep track/monitor centres not submitting monthly report
on prescribed Performa and form F, and file cases against
defaulters in CGM court
11 December 2013
17
18. Look out for advertisements by centres, otherwise banned
under the Act
Immediately suspend the centre and also file case against
owner of the centre if found contravening provisions of the
act
A lawyer can be engaged for filing and contesting
the cases in the court out of the funds deposited in
the bank in the name of Appropriate Authority
11 December 2013
18
19. How to Control Female Foeticide
• All private doctors in the city will have to
submit a report to the civic body every month
regarding the number of women whose
pregnancies they have confirmed. The objective
is also to keep track of the functioning of
sonography centers that these women
eventually get sent to for regular checks on the
fetal growth.
11 December 2013
19