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Pre-Natal Diagnostic Techniques Act, 1994 - Definitions

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Indian Laws and Regulations Related to Health

†††††††††††† Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994†

An Act to provide for the regulation of the use of pre-natal diagnostic techniques for the purpose of detecting genetic or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex linked disorders and for the prevention of the misuse of such techniques for the purpose of pre-natal sex determination leading to female foeticide; and, for matters connected there with or incidental thereto.

BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:--

††††††††††††††††††CHAPTER I - DEFINITIONS

Short title, extent and commencement.-

(1) This Act may be called the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.

(2) It shall extend to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Definitions.- In this Act, unless the context otherwise requires,--

††††††††† (a)† "Appropriate Authority" means the Appropriate Authority appointed under section 17;

††††††††† (b)††"Board" means the Central Supervisory Board constituted under section 7;

††††††††††(c)†††"Genetic Counseling Centre" means an institute, hospital, nursing home or any place, by whatever name called, which provides for genetic counselling to patients;

††††††††††(d)†††"Genetic Clinic" means a clinic, institute, hospital, nursing home or any place, by whatever name called, which is used for conducting pre-natal diagnostic procedures;

††††††††††(e)†† "Genetic Laboratory" means a laboratory and includes a place where facilities are provided for conducting analysis or tests of samples received from Genetic Clinic for pre-natal diagnostic test;

††††††††† (f)††† "Gynecologist" means a person who possesses a post- graduate qualification in gynecology and obstetrics;

††††††††† (g)††† "Medical geneticist" means a person who possesses a degree or diploma or certificate in medical genetics in the field of pre-natal diagnostic techniques or has experience of not less than two years in such field after obtaining--

††††††††††††††† (i) any one of the medical qualifications recognised under the Indian Medical Council Act, 1956 (102 of 1956); or

††††††††††††††††(ii) a post-graduate degree in biological sciences;

††††††††† (h)†††"Pediatrician" means a person who possesses a post- graduate qualification in pediatrics;

††††††††† (i)††"pre-natal diagnostic procedures" means all gynecological or obstetrical or medical procedures such as ultrasonography foetoscopy, taking or removing samples of amniotic fluid, chorionic villi, blood or any tissue of a pregnant woman for being sent to a Genetic Laboratory or Genetic Clinic for conducting pre-natal diagnostic test;

†††††††††† (j)†††"pre-natal diagnostic techniques" includes all pre-natal diagnostic procedures and pre-natal diagnostic tests;

†††††††††† (k)††††"pre-natal diagnostic test" means ultrasonography or any test or analysis of amniotic fluid, chorionic villi, blood or any tissue of a pregnant woman conducted to detect genetic or metabolic disorders or chromosomal abnormalities or congenital anomalies or haemoglobinopathies or sex-linked diseases;

†††††††††† (l)†††"prescribed" means prescribed by rules made under this Act;

††††††††† (m)†† "registered medical practitioner" means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956, (102 of 1956.) and whose name has been entered in a State Medical Register;

†††††††††† (n)†† "regulations" means regulations framed by the Board under this Act.

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rsethi
Hi everyone . We should all be ashamed of not just the declining sex ratio but of all the atrocities that are committed on the females in our country . The injustice begins at the time of conception and is carried on at home, in offices, public places, everywhere ... If girls were not considered a burden , then people would not want to do away with them, and there would not be any need for such an act which i believe is unique to our country.
Now coming to the PCPNDT ACT, i am sure it has been made after a lot of discussion and deliberation by intellectuals and legal experts but for us doctors and sonologists , it means hours wasted in record keeping and ulcers wondering if our form filling will meet upto the expectations of the Appropriate Authority and tension headaches thinking when the next surprise inspection will be done and what shortcomings will the inspection team find in our clinics and whether our clinic will survive the inspection or wheter it will be sealed for want of a name-plate or mismatched signature or incomplete address or may be a wrong phone no.
We are all qualified professionals and we wish to abide by all the rules and regulations of this Act. It is in fact our moral duty to do all that we can to prevent this female foeticide. If whatever we are doing presently under the Act has actually helped in curtailing the declining sex ratio, then we will continue to do so with joyous heart ......
But my friends, that has not happened except in a very few places.
What the govt. needs is not an Act, but a Will....to catch the culprits and to bring them to justice.
Let the members of PNDT committees, the law enforcing officers, the various NGOs, the press people....let them discreetly ask their maids/ sweepers,other helpers....and they will find out where the prenatal sex determination is being done / who is violating the law / and where are those females going for sex selective abortion ...... Then it is upto the authorities to take action.
And please please educate the society......that is the only thing that will decrease the demand and hence dry up the supply of sex determination places.
rsethi  Friday, December 07, 2012
jayshreepatil
you r doing good jos but doing cases on doctors who r not really doing sex determination on due to incomplete record.please think on those doctors after all there carrios get in risk.
jayshreepatil  Thursday, February 23, 2012
spatils
yes i am agree with you but you are really doing harashment of the doctors who are not doing sex determination ,only in f-form mistakes please dont do like this this will not improve your sex ratio.remove the culprits who does sex determination
spatils  Sunday, February 19, 2012
umeshshinde
hello..this is worst act as far as doctors are concerned.No doubt it will reduce sex determination but act has certain defects needs to be cured.the punishment of three years is imposed for defects in maintaining records under PNDT act this is not justice to doctors as doctor is person and to make a error is human being then the doctor shouldnt be punished for such small thing i.e defects in filling the forms or maintaining records.The act aims at controlling the sex determination.hence punishment of three years is ok for sex determination.secondly ,the raid shouldnt be allowed without taking confidential permission from health department and after satisfaction of necessity of raid the appropriate authority should conduct the raid.The appropriate authority must have one legal expert to advise.more to write but next time friends....from :umesh A.Shinde advocate satara mo.9822637138
umeshshinde  Saturday, January 21, 2012
ven-56
I WANT TO APPLY FOR RENEWAL OF REGISTRATION UNDER pc pndt aCT.i WANT AFFIDAVIT PROFORMA. hOW CNGET IT.
ven-56  Wednesday, November 30, 2011
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