Pre-Natal Diagnostic Techniques Act, 1994 - Offences and Penalties

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CHAPTER VII - OFFENCES AND PENALTIES

Prohibition of advertisement relating to pre-natal determination of sex and punishment for contravention.-

(1) No person, organisation, Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall issue or cause to be issued any advertisement in any manner regarding facilities of pre-natal determination of sex available at such Centre, Laboratory, Clinic or any other place.

(2) No person or organisation shall publish or distribute or cause to be published or distributed any advertisement in any manner regarding facilites of pre-natal determination of sex available at any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other place.

(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees.

Explanation.--For the purposes of this section, "advertisement" includes any notice, circular, label wrapper or other document and also includes any visible representation made by means of any light, sound, smoke or gas.

 Offences and penalties.-

(1) 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 a 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.

(2) The name of the registered medical practitioner who has been convicted by the court under sub-section (1), shall be reported by the Appropriate Authority to the respective State Medical Council for taking necessary action including the removal of his name from the register of the Council for a period of two years for the first offence and permanently for the subsequent offence.

(3) Any person who seeks the aid of a Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic or of a medical geneticist, gynaecologist or registered medical practitioner for conducting pre- natal diagnostic techniques on any pregnant woman (including such woman unless she was compelled to undergo such diagnostic techniques) for purposes other than those specified in clause (2) of section 4, 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.

 Presumption in the case of conduct of pre-natal diagnostic techniques.- Notwithstanding anything in the Indian Evidence Act, 1872 (1 of 1872), the court shall presume unless the contrary is proved that the pregnant woman has been compelled by her husband or the relative to undergo pre-natal diagnostic technique and such person shall be liable for abetment of offence under sub-section (3) of section 23 and shall be punishable for the offence specified under that section.

 Penalty for contravention of the provisions of the Act or rules for which no specific punishment is provided.- Whoever contravenes any of the provisions of this Act or any rules made thereunder, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to one thousand rupees or with both and in the case of continuing contravention with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.

 Offences by companies.- 

(1) Where any offence, punishable under this  Act has  been committed by a company, every person who, at the time  the  offence  was  committed  was  in  charge  of,  and  was responsible to the company  for the  conduct of  the business of the company, as  well as  the company, shall be deemed to be guilty of the offence and  shall be  liable to  be proceeded  against  and  punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence punishable under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

 Explanation.--For the purposes of this section,--

 (a) "company" means any  body corporate and includes a firm or other association of individuals, and

 (b)"director",  in relation  to a  firm, means a partner in the firm.

 Offence to be cognizable, non-bailable and non-compoundable.-Every offence  under this  Act shall  be cognizable,  non-bailable and non-compoundable.

 Cognizance of offences.

(1) No court shall take cognizance of an offence under this Act except on a complaint made by--

         (a) the  Appropriate Authority  concerned,  or  any  officer authorised in  this behalf  by the  Central Government  or  State Government, as the case may be, or the Appropriate Authority; or

        (b) a  person who  has given  notice of not less than thirty days in  the manner  prescribed, to the Appropriate Authority, of  the alleged  offence and  of his intention to make a complaint to the court.

 Explanation.--For the purpose of this clause, "person" includes a social organisation.

(2) No court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

(3) Where a complaint has been made under clause  (b) of subsection (1), the court may, on demand by such person, direct the Appropriate Authority to make available copies of the relevant records in its possession to such person.

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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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