Pre-Natal Diagnostic Techniques Act, 1994 - Miscellaneous

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CHAPTER VIII - MISCELLANEOUS

Maintenance of records

(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 instituted 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.

 Power to search and seize records,  - 

(1) If the Appropriate Authority has reason to believe that an offence under this Act has been or is being committed at any Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, such Authority or any officer authorised thereof in this behalf may, subject to such rules as may be prescribed, enter and search at all reasonable times with such assistance, if any, as such authority or officer considers necessary, such Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic and  examine   any  record,   register,  document,   book,   pamphlet, advertisement or any other material object found therein and seize the same if  such Authority  or officer  has reason to believe that it may furnish evidence  of the commission of an office punishable under this Act.

(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this Act.

 Protection of action taken in good faith.-  No suit, prosecution or other legal proceeding shall lie against the Central or the State  Government or  the Appropriate  Authority  or  any  officer authorised by  the Central or State Government or by the Authority for anything which  is in  good faith  done or  intended  to  be  done  in pursuance of the provisions of this Act.

 Power to make rules.-

(1) The Central Government may make rules for carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for--

 (i) the  minimum qualifications  for persons  employed at  a registered Genetic  Counselling  Centre,  Genetic  Laboratory  or Genetic Clinic under clause (1) of section 3;

(ii) the form in which consent of a pregnant woman has to be obtained under section 5;

(iii) the  procedure to  be followed  by the  members of the Central Supervisory  Board in the discharge  of their  functions under sub-section (4) of section 8;

(iv) allowances  for members  other than  ex officio members admissible under sub-section (5) of section  9;

(v) the  period intervening  between any two meetings of the Advisory Committee  under  the  proviso  to  sub-section  (8)  of section 17;

(vi) the  terms and conditions subject to which a person may be appointed  to the  Advisory Committee  and the procedure to be followed by such Committee under sub-section (9) of section 17;

(vii) the  form and  manner in which an application shall be made for  registration and  the fee  payable thereof  under  sub-section (2) of section 18;

(viii) the  facilities to  be provided,  equipment and other standards to  be maintained  by the  Genetic Counselling  Centre, Genetic Laboratory  or Genetic  Clinic under  sub-section (5)  of section 18;

(ix) the  form in  which a certificate of registration shall be issued under sub-section (1) of section 19;

(x) the  manner in  which  and  the  period  after  which  a certificate of  registration shall be renewed and the fee payable for such renewal under sub-section (3) of section 19;

(xi) the  manner in  which an  appeal may be preferred under section 21;

(xii) the period up to which records, charts, etc., shall be preserved under sub-section (1)   of section 29;

(xiii) the  manner  in  which  the  seizure  of  documents, records, objects,  etc., shall  be made  and the  manner in which seizure list  shall be  prepared and delivered to the person from whose custody  such documents,  records or  objects  were  seized under sub-section (1) of section 30;

(xiv) any  other matter  that is  required to be, or may be, prescribed.

 Power to make regulations.- The Board may, with the previous sanction of the Central  Government, by  notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder to provide for--

 (a) the  time and place of the meetings of the Board and the procedure to  be followed for the transaction of business at such meetings and  the number  of members  which shall form the quorum under sub-section (1) of section 9;

(b) the  manner  in  which  a  person  may  be  temporarily associated with the Board under sub-section (1) of section 11;

(c) the method of appointment, the conditions of service and the scales  of pay  and  allowances  of  the  officer  and  other employees of the Board appointed under section 12;

(d) generally  for the  efficient conduct  of the  affairs of the Board.

Rules and regulations to be laid before Parliament. –

Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total  period  of  thirty  days  which  may  be comprised in  one session  or in  two or more successive sessions, and if, before the expiry of the session immediately following the session or the  successive sessions aforesaid, both Houses agree in making any modification in  the rule  or regulation or both Houses agree that the rule or  regulation should  not be  made, the rule or regulation shall thereafter have  effect only in such modified form or be of no effect, as the  case may  be; so,  however,  that  any  such  modification  or annulment shall  be without  prejudice to  the  validity  of  anything previously done under that rule or regulation.  

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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.

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.

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

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

ven-56 

I WANT TO APPLY FOR RENEWAL OF REGISTRATION UNDER pc pndt aCT.i WANT AFFIDAVIT PROFORMA. hOW CNGET IT.

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