IN COLLABORATION WITH GOVERNMENT OF INDIA GOVERNMENT OF KARNATAKA & UNITED NATIONS POPULATION FUND (UNFPA)
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- Title
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IN COLLABORATION WITH GOVERNMENT OF INDIA
GOVERNMENT OF KARNATAKA & UNITED NATIONS
POPULATION FUND (UNFPA) - extracted text
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OBQ
IN COLLABORATION WITH GOVERNMENT OF INDIA
GOVERNMENT OF KARNATAKA & UNITED NATIONS
POPULATION FUND (UNFPA)
SOUTHERN STATES’ WORKSHOP
WITH APPROPRIATE AUTHORITIES
ON
PNDT ACT 1994
ON 20-04-2002
AT
HOTEL CAPITOL, BANGALORE
lOBSsaiBcwEaasK -s
KJ
Regional Workshop of Appropriate Authorities appointed at Karnataka,
Kerala, Tamil Nadu and Pondicherry under the PNDT Act
at Bangalore - in collaboration with UNFPA
(20th April, 2002)
Background Note
In order to check female foeticide, the Pre-natal Diagnostic Techniques
(Regulation and Prevention of Misuse) Act, 1994, was enacted and brought into operation
from 1st January, 1996. Rules have also been framed under the Act. The Act prohibits
determination and disclosure of the sex of the foetus. It also prohibits any advertisements
relating to pre-natal determination of sex and prescribes punishments for its
contravention. A person who contravenes the provisions of this act is punishable with
imprisonment upto five years and fine upto Rs. 50,000.
Under the Act, pre-natal diagnostic techniques and genetic counseling may be
provided only by facilities/clinic registered under the Act. Use of these techniques is
permissible solely for the detection of specified abnormalities subject to specified
conditions.
Under the Act, the Central Government shall appoint one or more Appropriate
Authorities for each of the UTs and State Government shall appoint one or more
Appropriate Authorities for whole or part of State. The Appropriate Authorities are the
instruments for the implementation of the Act. As the implementation of the Act was not
satisfactory in various States/UTs, a PIL was filed by CEHAT and Ors. and the Hon ble
Supreme Court gave directions in its order dated 4-5-2001 to Central and State
Governments for effective implementation of the Act by appointing Appropriate
Authorities at district and sub-district levels also in all the States and UTs. Some of the
directions of the Supreme Court to the Appropriate Authorities are as under > To take prompt action against any person or body who issues or causes to be
issued any advertisement in violation of section 22 of the Act.
> To take prompt action against all Genetic Counseling Centres, Genetic
Laboratories and Genetic Clinics as also against persons who are operating
without a valid certificate of registration under the Act.
' ’ a reportton the implementation and
> To furnish quarterly returns to the CSB giving
working of the Act. These returns should inter-alia contain specified information
about:
1. Survey of Genetic Counseling Centres, Genetic Laboratories and Genetic
Clinics
2. Registration of Genetic Counseling Centers, Genetic Laboratories and Genetic
clinics including bodies using ultra-sound machines.
3. Action taken against non-registered bodies operating in violation of section 3
of the Act, inclusive of search and seizure of records.
4. Complaint received by the Appropriate Authorities under the Act and action
taken pursuant thereto.
5. Number and nature of awareness campaigns conducted and results flowing
there from.
Immediately after the Court’s directions, a meeting of the Appropriate Authorities
appointed in States/UTs including the Appropriate Authorities appointed at district and
sub-district level was held on 30-6-2001 to review and monitor the implementation of the
Act at grassroots level. The meeting was well represented from all States/UTs except
from South States. Since the Appropriate Authorities who are generally the District
Health Officers have been made responsible to implement the Act in the districts and sub
district level it has become essential to sensitize them about the seriousness of the actions
to be taken as per the provisions of the PNDT Act and Rules made there under. The
Government of India in collaboration with the UNFPA decided to hold regional
workshops. The workshop, which is scheduled to be held in Bangalore on 20-4-2002,
will be the first regional workshop, wherein Appropriate Authorities at State and district
levels form the States/UTs of Karnataka, Kerala, Tamil Nadu, and Pondicherry will be
participating.
Though the sex ratio among the child population in the age group 0-6 years in
these States/UT is more than All India level, both in 1991 and 2001 Census but there is
decline in child sex ratio in 2001 Census as compared to 1991 Census except Kerala.
Unless the corrective measures are taken by the State Governments child sex ratio may
decline further. Therefore, there is need to strengthen the Act by holding regular
workshops, meetings, seminars to mount effective awareness campaign about the Act.
Latest position on the implementation of the Act, according to the
quarterly progress reports received and affidavits filed in the Court is
as under:-
Karnataka
Appropriate Authorities and Advisory Committees have been set up only at
district level.
> 1090 Centres have been given registration.
> Appropriate Authorities have sealed and seized five equipments.
> Five cases have been filed in the Court under the violation of the PNDT Act.
>
Kerala
Quarterly Reports received from Government of Kerala are never received in
time.
> Appropriate Authorities and Advisory Committees have been set up both at
district and sub- district levels.
> Out of 562 centers surveyed, 496 Centres have been given registration.
> No violation of the provisions of the PNDT Act has been reported from Kerala.
>
Tamil Nadu
>
>
>
>
>
Appropriate Authorities and Advisory Committees have been set up both at
district and sub-district levels.
Survey of 1631 Genetic Counseling Centres, Genetic Laboratories and Genetic
Clinics has been conducted.
Out of 1631 Centres 1625 have been given registration.
Appropriate Authorities have sealed and seized 51 scan equipments.
There were 5 cases of suspension/cancellation of registration after conducting
raids. These five cases are filed in the Judicial Magistrate Court, Chennai.
Pondicherry
Appropriate Authorities and Advisory Committees have been set up both at
district and sub- district levels.
> There are 29 registered Clinics using ultrasound machines in the UT of
Pondicherry.
> No violation of the provisions of the PNDT Act has been reported from the UT of
Pondicherry.
>
Actions need urgent attention of the Appropriate Authorities:
> Survey of all bodies using ultrasound machines has to be completed, immediately.
> Ultrasound machines/imaging machines using by unregistered centers are to be
sealed and seized.
>
>
>
>
>
>
>
Intervening period between meetings of Advisory Committee should not exceed
60 days.
Quarterly Reports regarding the implementation of the Act to be submitted to the
Department of Family Welfare, regularly, by 15th of the preceding month.
Details given in the reports submitted by the States/UTs do not indicate whether
the figures are up to the quarter or for the particular quarter only. To avoid
confusion the report must indicate both the figures i.e. up to the quarter and
during the quarter. Revised format has already been sent to the States/UTs.
The consolidated report of the State/UT should indicate whether the details given
in the report include details from all districts.
Details of the Court cases, if any, should be attached to the Quarterly Reports.
The report received from the States/UTs normally give total figures of registered
facilities, fresh application received and fresh registration granted, but does not
give break up of Genetic Councilljientres, Genetic Clinics, Genetic Laboratories,
combination thereof, and bodies using ultrasound machines. They should g i v£_
category wise break-up.
The Appropriate Authorities may comply with all directions of the Supreme
Court.
REVISED FORMAT
QUARTERLY REPORT ON IMPLEMENTATION AND WORKING OF
THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND
PREVENTION OF MISUSE) ACT, 1994
Report for the quarter ended on 31.12.2001
Name of the State/Union Territory :
1.
Number of registered facilities existing in the State/UT
(a) Genetic Counselling Centres
(b) Genetic Laboratories
(c) Genetic Clinics
(d) Jointly as Genetic Counselling Centre/Genetic
Laboratory/Genetic Clinic or any combination thereof
(e) Any other Body/person using Ultrasound Machine
2.
Of the number shown in item (1) above, number of
Government facilities in the State/UT (including Central
Government of India/State Govt./UT Admin./Zila
Parishad/Municipal):
(a) Genetic Counselling Centres
(b) Genetic Laboratories
(c) Genetic Clinics
(d) Jointly as Genetic Counselling Centre/Genetic
Laboratory/Genetic Clinic or any combination thereof
(e) Any other Body/person using Ultrasound Machine
Number of fresh applications received for registration as:
(From public as well as public sectors)
; (a) Genetic Counselling Centres
i (b) Genetic Laboratories
i (c) Genetic Clinics
(d) Jointly as Genetic Counselling Centre/Genetic
Laboratory/Genetic Clinic or any combination thereof
I
(e) Any other Body/person using Ultrasound Machine
i Number of fresh registrations granted as:
I (a) Genetic Counselling Centres
i (b) Genetic Laboratories
i (c) Genetic Clinics
i (d) Jointly as Genetic Counselling Centre/Genetic
Laboratory/Genetic Clinic or any combination thereof
(e) Any other Body/person using Ultrasound Machine
R
During
the
quarter
ending
31.12.01
Total up
to
31.12.01
/
5.
Number of application for registration rejected, in respect
of:
(a) Genetic Counselling Centres
(b) Genetic Laboratories
(c) Genetic Clinics
(d) Jointly as Genetic Counselling Centre/Genetic
Laboratory/Genetic Clinic or any combination thereof
(e) Any other Body/person using Ultrasound Machine
6.
Number of renewals of registration in respect of:
(a) Genetic Counselling Centres
(b) Genetic Laboratories
(c) Genetic Clinics
7.
i
(d) Jointly as Genetic Counselling Centre/Genetic
Laboratory/Genetic Clinic or any combination thereof
Any other Body/person using Ultrasound Machine_______
Number of premises inspected by the Appropriate
Authorities or person authorized by the Appropriate
Authorities during the quarter in respect of:
(a) Genetic Counselling Centres
(b) Genetic Laboratories
(c) Genetic Clinics
(d) Jointly as Genetic Counselling Centre/Genetic
Laboratory/Genetic Clinic or any combination thereof
Any other Body/person using Ultrasound Machine_______
Number of suspensions or cancellations of registrations
under section 20 of the Pre-natal Diagnostic Techniques
(Regulation and Prevention of Misuse) Act. 1994 in the
State/UT in respect of:
(a) Genetic Counselling Centres
(b) Genetic Laboratories
(c) Genetic Clinics
(d) Jointly as Genetic Counselling Centre/Genetic
Laboratory/Genetic Clinic or any combination thereofi (e) Any other Body/person using Ultrasound Machine
(Please give details on a separate sheet)_______________
Action to create public awareness against the practice of
pre-natal determination of sex and female foeticide
I through:
(a) Print Media.
(b) Electronic Media.
(c) Hoarding.
(d) Other appropriate means.
■ (Please give details on separate sheet)
10
(a) Action taken to ensure that the intervening period
between,meetings of Advisory Committees does
not exceed 60 days.
(b) Dates of the meetings of the Advisory Committees
held after 4.5.2001.
(Please give details on separate sheet)
;
11 Action taken to appoint Appropriate Authorities and
Advisory Committees at district and sub-district levels.
(Please give details on separate sheet including
appointment df such persons on Advisory Committees
who can devote some time)_________________________
12 Action taken to publish list of Appropriate Authorities
through:
(a) Print Media
(b) Electronic Media
(c) Hoardings
(d) Any other appropriate means
(Please give details on separate sheet)_________________
13 Action taken against any person or body who issued or
caused to be issued any advertisement in violation of
section 22 of the Act.___________________ ___________
14 Action taken against all bodies specified in section 3 of
the Act i.e. Genetic Counseling Centres, Genetic
Laboratories. Genetic Clinics (including bodies using
ultrasound machines), as also against the person who are
operating without a valid certificate of registration under
the Act._____ _____________________________ _____ _—
15 Information/Report on survey of bodies specified in
Section 3 of the Pre-natal Diagnostic Techniques
(Regulation and Prevention of Misuse) Act, 1994 i.e.
Genetic Counseling Centres. Genetic Laboratories,
Genetic Clinics (including bodies using ultrasound_
machines).
(Please give details on separate sheet)_________________
16. Action taken against non-registered bodies operating in
violation of Section 3 of the Pre-natal Diagnostic
Techniques (Regulation and Prevention of Misuse) Act.
1994 i.e. Genetic Counseling Centres, Genetic
Laboratories. Genetic Clinics (including bodies using
ultrasound machines) inclusive of search and seizure of
records.
(Please give details on separate sheet)
:
_
Number of complaints received by the Appropriate
Authorities under the Act and action taken pursuant
thereto.
(Please give details on separate sheet)
campaigns
! 18 Number and nature of the awareness
conducted and results flowing therefrom.
(Please give details including details of advertisements/
I
posters/ handbills etc, on separate sheet) ------------------il9 Number of complaints filed in the court in the State/UT
under the Pre-natal Diagnostic Techniques (Regulation
i
and Prevention of Misuse) Act. 1994 (by Appropriate
i
Authorities or by others).
(please give details on separate sheet)
___________
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Certified that all bodies/persons usingj ultra-sound machines capable of
detecting sex of foetus in my area of
c „jurisdiction have been registered
under the Pre-Natal Diagnostic Techniques (Regulation and Prevention ot
Misuse) Act. 1994 and prosecution has been launched against those who
have not got themselves registered.
Date:
Place
N.B.
(Signature)
Name and Designation
(On behalf of State Government/U.T. Administration)
1. All bodies/persons using ultra-sound machines capable of detecting sex
of foetus are to be registered under the Pre-Natal Diagnostic Techniques
(Regulation and Prevention of Misuse) Act. 1994 in terms of section o
read with sub-sections (i) and (j) of section 2 thereof irrespective of
whether they are actually detennining sex of foetus or not. If any such
body/person operates without registration, he/she/it is punishable under
section 23 of the Act. Case against such body/person should be filed m
Court under section 28 of the Act.
The Appropriate Authority should certify that all bodies/persons using
ultra-sound machines capable of detecting sex of foetus in his area ot
jurisdiction have been registered under the Pre-Natal DiagnosUc
Techniques (Regulation and Prevention of Misuse) Act. 1994 and
prosecution has been launched against those who have not got themselves
registered.
Regional Workshop of Appropriate Authorities appointed at Karnataka,
Kerala, Tamil Nadu and Pondicherry under the PNDT Act
A
at Bangalore - in collaboration with UNFPA
(20a April, 2002)
Brief background on sex ratio:
The provisional figures of Census 2001 have revealed that sex ratio in the country has
improved in the last decade. The national figures of 927 females per 1000 males in the
Census 1991 has moved to 933 in 2001. In contrast the child sex ratio for the age group
of 0-6 years in 2001 is 927 girls per thousand boys against 945 recorded in 1991 Census.
The encouraging trend in the sex ratio during 1991-2001 was marred by the decline of 18
points in the sex ratio of children below the age of 6 years.
The Census 2001, further reveals that the situation is worse in respect of child population
in the age group 0-6, particularly in the affluent regions of Punjab (793), Haryana (820),
Chandigarh (845), Delhi (865), Gujarat (878) and Himachal Pradesh (897). State/UT
wise position of sex-ratio is shown in Annexure.
Sex Ratio of Child Population by Districts:
The distribution of all the 591 districts in India on the basis of sex ratio of the child
population according to 2001 Census is given below:
Number of
Districts
16
33
72
213
245
12
Range
Less than 800
800-849
850-899
900-949
950-999
1000-1049
Percentage
3
6
12
36
41
2
In 16 out of 591 districts, 10 from Punjab, 5 from Haryana and 1 from Gujarat, less than
800 girls below age six were reported for every 1000 boys of that age. The lowest girlsboys ratio of 754 was recorded in Fatehgarh Sahib district of Punjab followed by
770 in Patiala district of Punjab and Kurukshetra district of Haryana.
In 33 districts, the sex ratio of child population are between 800 to 849. Of these, 12
districts are from Haryana and seven districts are from Punjab, three districts each from
Gujarat and M.P., two each from HP and UP and one each from Chandigarh, Delhi and
1
Tamil Nadu and J&K. The Salem district from Tamil Nadu known for the practice of
female infanticide is a member of this group.
The largest group comprising 43% of the total districts in India i.e.257districts with
ratio of 950 or more girls to 1000 boys is represented largely by districts from Southern,
Eastern and North-Eastern States. Out of the 76 districts of 8 North Eastern States
including Assam, 62 districts have sex ratio of child population above 950. Also in 17
out of 18 districts of West Bengal the sex ratio of child population is above 950. In
States from east and south India, the sex ratios of child population age 0-6 years are not
very much different from those observed all over the world. In the States from north
and west parts of India the sex ratios are much lower than the normal levels of sex
ratio.
The table given below gives a comparison between child sex ratio (0-6 years) during
1991 and 2001. It shows that there is a sharp increase in the number of districts having
child sex ratio below 800. There was not a single district in this range in 1991 while as
per 2001 Census, 16 districts are now having less than 800 girls/1000 boys. As per 2001
Census there are as many as 48 districts where the child sex ratio is under 850, while
there was only one such district in 1991. Sharp decline in the sex ratio is also noticed in
950-999 and above 1000 categories.
Ranges of
199J________
child
No.
of Share of
Sex ratio(0-6)
districts*
Population(%)
Total_______
577
100.00
Less than 800
800-849
_ 1_
0.31
850-899
68
9.98
900-949
181
34.41
950-999
306
54.27
1000-1049
21
1.04
* Note: Total number of districts exclude J&K State
__________ 2001
Number of
Share of
districts*
Population(%)
________ 577 _______ 100.00
_________ 16 _________ 2,18
_________ 32 _________ 4.72
_______ 7J_ ________ 15,34
________ 208 ________ 37,59
________ 242 ________ 39.80
8
0.38
The sharp decline in sex ratio is a matter of serious concern as it is expected to lead
to serious demographic imbalances and social consequences. Several reasons are
adduced to explain the consistently low levels of sex ratio. Some of the reasons
commonly put forward are:
> Son preference
Neglect of the girl child resulting in their higher mortality at younger age
> Higher maternal mortality
> Female infanticide
> Female Foeticide
> Male bias in enumeration of population.
>
T’.
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The Pre-Natal Diagnostic Techniques (Regulation Prevention and Misuse) Act,
1994:
In order to check female foeticide, the Pre-natal Diagnostic Techniques (Regulation and
Prevention of Misuse) Act, 1994, was enacted and brought into operation from 1st
January, 1996. Rules have also been framed under the Act. The Act prohibits
determination and disclosure of the sex of foetus. It also prohibits any advertisements
relating to pre-natal determination of sex and prescribes punishment for its contravention.
The person who contravenes the provisions of this Act is punishable with imprisonment
upto 5 years and fine upto Rs.50,000.
Under the Act, pre-natal diagnostic techniques and genetic counseling may be provided
only by facilities/clinic registered under the Act. Use of these techniques is permissible
solely for the detection of specified abnormalities (like Chromosomal abnormalities,
genetic metabolic diseases, sex linked genetic diseases, etc.) subject to specified
conditions.
The pre-natal diagnostic techniques like amniocentesis and sonography are useful for the
detection of genetic or chromosomal disorders or congenital malformations or sex linked
disorders, etc.
However, this technology is misused on a large scale for sex
determination of the foetus and mostly if the foetus is pronounced as female, this prompts
termination of the pregnancy and brings to an end the unborn child.
€
>
J
Simultanjeously, techniques are also being developed and refined to select the sex of the
child prior to conception. Large-scale dissemination of these technologies may, in future
precipitate a severe imbalance in the male-female ratio. It has, therefore, become
necessary to enact and implement a legislation that will ban the use of both sex selection
techniques before conception as well as the misuse of pre-natal diagnostic techniques for
sex selective abortions.
Keeping in view the directions of the Hon’ble Supreme Court’s Order dated 4th May,
2001, the present Act needs to be amended to incorporate therein certain emerging
technologies like selection of sex prior to conception as well as those in current use
which are being misused for pre-natal determination of sex of the foetus.
It is also proposed to make punishments prescribed under the Act more stringent, so that
they serve as a deterrent, which will minimize violations.
Implementation Instruments:
The PNDT Act provides for two main instruments for implementation of its provisions
viz.,
a)
b)
The Central Supervisory Board at the Central Govt, level and
The Appropriate Authorities assisted by Advisory Committees in States and
UTs for whole or parts thereof.
3
Central Supervisory Board (CSB):
The CSB consists of 23 members including representatives of States/UTs, non-official
members from amongst medical geneticist, gynaecologist and obstetricians,
pediatricians, social scientists, women activists and women Members of Parliament.
The main functions of the CSB are to advise the Govt, on policy matters relating to use
of pre-natal diagnostic techniques, to review implementation of the Act and Rules and
recommend changes therein to create public awareness against the practice of pre-natal
determination of sex.
The Seventh meeting of the Central Supervisory Board presided over by the Cabinet
Minister for Health and Family Welfare was held on April 2, 2002. Amendments to the
Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Rules, 1996
were deliberated in this meeting, and a decision taken that the amendments to the Rules
may be examined in detail by the Technical Sub-Committee of the Central Supervisory
Board.
Appropriate Authorities and Advisory Committees:
Appropriate Authorities and Advisory Committees are appointed at State/UT, district and
sub-district in most of the States and UTs.
The main functions of Appropriate Authorities are to grant, suspend or cancel registration
of the Genetic counseling Centres, Genetic laboratory or Genetic Clinic, to enforce
standards to investigate complaints of breach of provisions of the Act/Rules to seek and
consider the advice of the Advisory Committee for consideration of applications for
registration or complaints for suspension or cancellation of registration.
Sub-Committees of CSB:- The CSB has constituted the following two sub
committees :1.
Technical Sub-Committee
The Technical Sub-Committee has been constituted to examine and suggest amendments
to the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act,
1994/Rules to cover (i) changing technologies such as pre-conception sex selection, (ii)
matters connected with the registration of ultra-sound clinics, radiological laboratories,
etc. who conduct tests for detection and disclosure of sex of foetus and (iii) provisions in
other related Acts. The Committee met on 26.5.2001, 9.6.2001, 14.8.2001 and
2.4.2002.
The Technical Sub-Committee deliberated in detail the amendments to the PNDT Rules
in its last meeting held on 2.4.2002 and suggested some changes, modifications and
additions. It was decided in the meeting that the Department of Family Welfare may
modify the draft amendments in the Pre-natal Diagnostic Techniques (Regulation and
4
Prevention of Misuse) Rules incorporating the suggestions of the Members. The
modified draft has been sent to the Members of the Technical Sub-Committee again for
final suggestions, before the same is forwarded to Ministry of Law for final vetting. The
comments are being received.
2.
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Sub-Committee on Implementation Strategy
The sub-Committee on Implementation Strategy has been constituted to (i) evaluate the
implementation of the Pre-natal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act, 1994 (ii) evolve a suitable mechanism to identify agencies doing good
work for effective implementation of the Pre-natal Diagnostic Techniques (Regulation
and Prevention of Misusd) Act, 1994, (iii) collection of data related to
implementation/violation of the Act, (iv) to conduct independent study through qualified
people, medical research centers/institutions for collection of authentic information, (v)
sensitizing the people about the provisions of the Act, (vi) strengthening the
Information, Education and Communication activities, (vii) to implement the direction
of the Supreme Court for implementation of the Act and (viii) any other activity found
necessary by the Central Supervisory Board for the effective implementation of the Pre
natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994. The
Committee met on 26.5.2001, 9.6.2001 and 10.9.2001.
Groups:
The CSB has also constituted two groups viz. (i) Group for considering proposals for
research studies on sex ratio and female foeticide and (ii) Group for considering the
proposals for creating video films, TV spots etc.
The Group constituted for considering the proposals for research studies on sex
ratio and female foeticide met on 16th November, 2001 It has recommended the
following three research study proposals for consideration.
1. “Missing Girls: A Case Study of Delhi” submitted by Prof (Mrs.) Usha Nayar,
Chairperson, Tinnari, The Third World Centre for Comparative Studies, New
Delhi.
2. “A Preliminary Investigation into the sharp decline in the female-male ratio in
the age group of 0-6 years: Policy implications for restoring gender balance”
submitted by Shri Alok Mukhopadyay, Chief Executive, Voluntary Health
Association of India, New Delhi.
3. “Impact of Gender-Bias on Population Aged 0-6 Years” submitted by Shri Alakh
N. Sharma, Director, Institute for Human Development, New Delhi.
The Department of Family Welfare has sanctioned financial assistance for carrying out
all these research studies. Grant-in-aid has also been released
The Group constituted to examine and consider proposals on audio-video programs
for generating awareness about the importance of girl child and provisions of the PNDT
5
Act has met four times. In its meeting held on 14.1.2002, the Group has constituted a
sub-Group consisting of Dr. Mira Siva, Dr. Nalini Abraham and Mrs. Bhamati.
In the last meeting held on 19.3.2002, 11 films were short listed. Thereafter, the SubGroup members once again examined these 11 scripts keeping in view the messages in
the scripts, duration, rural/urban background and specific treatment of subject matter.
Finally 4 scripts were short-listed. They are being processed for funding.
ACTIONS TAKEN TO IMPLEMENT THE ACT
The States/UTs have been advised by the Central Government to mount effective
awareness campaign to make the public and service providers aware of the provisions of
the Act. The States/UTs have also been advised to provide protection to social activists
and Non-Governmental Organizations giving information or filing complaints of
violation of provisions of the Act.
>
After the Census 2001 figures became available, letters have been addressed to the Chief
Ministers of all States/UTs for giving focussed attention to the issue of female foeticide
leading to adverse sex ratio. Chief Secretaries of all the States/UTs have also been
addressed for implementation of the provisions of the PNDT Act. The Minister for Health
and Family Welfare has also addressed a D.O. letter to more than two lakhs doctors all
over the country requesting them to extend their help and co-operation for eradication of
the evil of female foeticide.
Shri A.R. Nanda, Secretary, Department of Family Welfare, Ministry of Health and
Family Welfare addressed letters on March 13, 2002 to the Principal Secretaries and/or
Secretaries in charge of the Department of Health and Family Welfare of all States/UTs
directing that immediate action be taken to implement the provisions of the Pre-natal
Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 in compliance
with the directions of the Hon’ble Supreme Court.
Attention was drawn in the said letter of March 13, 2002, to the gaps in the number of
bodies surveyed by the Appropriate Authorities, the number of bodies registered under
the Act and the number of ultrasound machines/scanners seized and sealed by different
States and UTs in compliance with the Hon’ble Supreme Court’s Order dated 29th
January, 2002.
*
The State/UT level Appropriate Authorities have been asked to organize the conduct of
raids in the ultrasound clinics operating in all the districts and sub-districts of the
State/UT by deploying decoy customers. For this purpose they may use the services of
the staff available in the offices of the district and sub-district level Appropriate
Authorities. They have also been advised to complete the registration inter-alia, of all
those clinics and centres using ultrasound machines whose lists have been supplied to
them by the Department of Family Welfare, Government of India.
6
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I
Involvement of NGOs:
Workshops/seminars are being organized at State/regional/district/block levels to create
awareness about the provisions of the Act. Voluntary Organizations are also being
involved to carry out projects for creating awareness about the provisions of the Act.
Grant-in-aid has been released to the following NGOs for creating awareness about the
provisions of the PNDT Act:-
a
1. Orissa Voluntary Health Association (Area: Orissa).
2. Voluntary Health Association of India, New Delhi (Area: of Punjab, Madhya
Pradesh, Uttar Pradesh, Himachal Pradesh, Rajasthan and Tamil Nadu).
3. Maharashtra Voluntary Health Association, Maharashtra (Area: Wardha).
4. Uttar Pradesh Voluntary Health Association, Lucknow (Area: U.P.).
5. SAMNAVAY, C-234, Sector A, Mahanagar, Lucknow (Area: Uttaranchal).
6. Family Planning Association of India, Mumbai [Area: Madhya Pradesh (Bhopal,
Gwalior, Indore and Jabalpur), Bihar (Patna), Jharkhand (Gomia), Rajasthan
(Jaipur), Haryana (Panchkula and Yamunanagar) and Punjab (Mohali)J.
7. Kerala Voluntary Health Services, Kottayam (Area: Kerala).
8. Family Planning Association of India, Madurai (Area: Madurai).
9. Rural Education and Development Society (REDS), Sivagangai District, Tamil
Nadu (Area: South Tamil Nadu).
Other Activities:
Religious leaders’ meets were organised at New Delhi (organised by National
Commission for Women, IMA and UNICEF) and at Fatehgarh Sahib(Punjab) against
the practice of female foeticide where this practice was widely condemned and pledge
was taken stop it. Akai Takhat in Punjab has issued a Hukumnama to Sikh community to
stop the practice of female foeticide.
)
Various activities are being undertaken regularly for creating public awareness through
Government media viz. Radio, TV and other media units. Various stations of AIR are
broadcasting spots, group discussions, talks and panel discussions on PNDT Act in
various languages.
Two spots are being telecast once a week on National Network and a film
‘NIRANKUSH’ is being telecast on Punjabi Channel. NFDC has been asked to produce
a small film on female foeticide. A film ‘ATMAJA’ produced by Plan International
India on female foeticide is being telecast on National Channel of Doordarshan.
7
Reports from the States:
All States/UTs have been advised to register all organizations using Ultrasound
machines, failing which their machines may be sealed and seized in terms of the
Supreme Court’s Order dated 29.1.2002. Quarterly returns are being received from the
States/UT, in terms of Supreme Court’s Order dated 4.5.2001.
According to the reports received from the States/UT Govts, about 14,000 bodies are
registered. As part of the compliance of the orders of the Hon’ble Supreme Court, more
than 80 machines have been sealed and seized in States like Haryana, Karnataka,
Maharashtra, Oirssa, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh and Delhi. 191
complaints have been filed against the violators of law by various States/UTs. State/UT
wise details are given below:SI.
No.
State/UT
1
2
Andhra Pradesh
Bihar_________
Gujarat_______
Haryana______
Karnataka_____
Madhya Pradesh
Maharashtra
Orissa________
Punjab________
Rajasthan_____
Tamil Nadu
Uttaranchal
Uttar Pradesh
West Bengal
Chandigarh
Delhi "
Total
3
4
5
6
7
8_
£_
10
11
12
13
14
15
16
Number
of Number
of
Complaints
Ultrasound
filed in the machines seized
Court/Police
and sealed
7_______
7_________
7 _________
8 _________
8
5 _________
5
6 _________
41__________
7
1__________
1
3_________
2_________
5_________
51
1______
3
10_________
46_________
40_________
191
3
2_________
1
81
National Monitoring and Implementation Committee:
A National Monitoring and Implementation Committee has also been constituted at the
Centre to take stock of the ground realities by field visits. The Committee will visit the
problem States and will submit their report along with suggestions for effective action to
implement the Act, eradication of female foeticide and improvement of sex ratio. The
8
(
Committee has already visited Chandigarh on 4.1.2002, Faridabad (Haryana) on 2.2.2002
and Muzaffamagr (U P.) on 26.3.2002.
SUPREME COURT’S DIRECTIONS
*
e
The Supreme Court has issued certain directions to both Central and State Governments
in a Public Interest Litigation filed by the Centre for Enquiry into Health & Allied
Themes (CEHAT) & Others vs. Union of India and others. The directions include among
other things wide publicity both at national and state levels for generating awareness
about the Act.
I.
■ Directions dated 4.5.2001:
Directions to the Central Government
> To create public awareness against the practice of pre-natal determination of sex of
foetus and female foeticide through appropriate releases/programs in the print and
electronic media.
> To implement with all vigor and zeal the PNDT Act and the Rules framed in 1996.
> The intervening period between the two meetings of the Advisory Committees
constituted to advise the Appropriate Authority should not exceed 60 days. It would
be seen that this Rule is strictly adhered to.
a
Directions to Central Supervisory Board (CSB)
> To ensure holding of meetings of the CSB at least once in six months.
> To appoint those eminent medical practitioners including eminent social scientists
and representatives of women welfare organizations in the CSB, who can genuinely
spare time for implementation of the Act.
> To review and monitor the implementation of the Act.
> To issue directions to all State/UT Appropriate Authorities to furnish quarterly
returns to the CSB giving a report on the implementation and working of the Act.
These returns should inter-alia contain specific information about:
1. Survey of bodies specified in section 3 of the Act.
2. Registration of bodies specified in section 3 of the Act.
3. Action taken against non-registered bodies operating in violation of section 3
of the Act, inclusive of search and seizure of records.
4. Complaints received by the Appropriate Authorities under the Act and action
taken pursuant thereto.
5. Number and nature of awareness campaigns conducted and results flowing
therefrom.
> To examine the necessity to amend the Act keeping in mind emerging technologies
and difficulties encountered in implementation of the Act and to make
recommendations to the Central Government.
9
> To lay down a code of conduct under section 16(iv) of the Act to be observed by
persons working in bodies specified therein and to ensure its publication so that
public at large can know about it.
> To require medical professional bodies/associations to create awareness against the
practice of pre-natal determination of sex and female foeticide and
> To ensure implementation of the Act.
Directions to State Governments/UT Administrations
> To appoint fully empowered Appropriate Authorities and Advisory Committees at
State/UT, district and sub-district levels with such members of Advisory Committees
who can devote sometime for the work assigned to them.
> To publish a list of appropriate authorities in the print and electronic media.
> To create public awareness against the practice of pre-natal determination of sex and
female foeticide through advertisement in the print and electronic media by hoarding
and other appropriate means.
> To ensure that State/UT Appropriate Authorities furnish quarterly returns to the CSB
giving a report on the implementation and working of the Act. These returns should
inter alia contain specific information about -
1. Survey of Genetic Counselling Centres, Genetic Laboratories and Genetic
Clinics
2. Registration of Genetic Counselling Centres, Genetic Laboratories and
Genetic Clinics
3. Action taken against non-registered bodies operating in violation of Section 3
of the Act, inclusive of search and seizure of records.
4. Complaint received by the Appropriate Authorities under the Act and action
taken pursuant thereto.
5. Number and nature of awareness campaigns conducted and results flowing
therefrom.
Directions to Appropriate Authorities
> To take prompt action against any person or body who issues or causes to be issued
any advertisement in violation of Section 22 of the Act.
> To take prompt action against all Genetic Counseling Centres, Genetic Laboratories
and Genetic Clinics as also against persons who are operating without a valid
certificate of registration under the Act.
> To furnish quarterly returns to the CSB giving a report on the implementation and
working of the Act. These returns should inter-alia contain specified information
about:-
1. Survey of Genetic Counseling Centres, Genetic Laboratories and Genetic
Clinics
2. Registration of Genetic Counseling Centres, Genetic Laboratories and Genetic
Clinics including bodies using ultra-sound machines
10
3
3. Action taken against non-registered bodies operating in violation of Section 3
of the Act, inclusive of search and seizure of records.
4. Complaint received by the Appropriate Authorities under the Act and action
taken pursuant thereto.
5. Number and nature of awareness campaigns conducted and results flowing
therefrom.
IL
Directions dated 11.12.2001:
The Supreme Court of India in its Order dated 11th December, 2001 had directed
that:-
(i) States/UTs should furnish district wise information about the implementation of
the Act.
(ii) Information about buyers of ultrasound machines may be obtained from the
manufacturers, importers, suppliers etc. of such machines.
(iii) Rules should be framed restricting sale of ultrasound machines to clinics
registered under the PNDT Act.
c
Directions dated 29.1.2001:
III.
The Supreme Court of India in its Order dated 29th January, 2002 has directed
that:
(i) State Govemments/UTs should seal and seize the ultrasound machines/ scanners
used by such organizations as have not got themselves registered under the PreNatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.
(ii) The mandatory procedure prescribed for registration of any person or organization
using the ultrasound machines/scanners should be followed.
(iii) Help of Indian Medical Association (IMA), Indian Radiologists Association and
The Federation of Obstetrics and Gynaecologists Societies of India (FOGSI) may
be taken to identify the users of ultrasound machines/scanners.
Action taken on the directions of the SC:
/
The Central Government have requested all the State/UTs for ensuring strict compliance
of the directions of the Hon’ble Supreme Court of India. Quarterly returns as directed by
the Supreme Court are being obtained from States/UTs about the implementation of the
Act.
A list of over 11,000 buyers of ultrasound machines received from the manufacturers,
importers, suppliers, dealers, service providers etc. of such machines has already been
forwarded to the States/UTs for ensuring registration of the clinics using the same and for
prosecution of those found misusing these machines for detection of sex of foetus.
11
Further, list of Members of Indian Radiological & Imaging Association and list of State
level Presidents/Secretaries of Indian Medical Association (IMA) have also been
forwarded to the States/UTs with the request to obtain from them the list of their
members using ultrasound machines/imaging machines/scanners.
They have also been requested to launch prosecution against those persons who are using
ultrasound machine/scanner/imaging machine without getting themselves registered
under the Act and also against those who are found violating the provisions of the PreNatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.
Amendments:
Action is being taken to amend the Pre-Natal Diagnostic Techniques (Regulation and
Prevention of Misuse) Act, 1994 in the light of the directions of the Supreme Court. The
proposed amendments inter-alia include 1. bringing of the technique of pre-conception sex selection within the ambit of this Act
so as to pre-empt the use of such technologies which significantly contribute to the
declining sex ratio;
2. to bring the use of ultrasound machines within the purview of this Act more
explicitly so as to curb their misuse for detection and disclosure of sex of the foetus
lest it should lead to female foeticide;
3. to further empower the Central Supervisory Board for monitoring the
implementation of the Act;
4. to introduce State level Supervisory Board for monitoring and reviewing the
implementation of the Act in States/UTs;
5. ,io constitute a multi member State Appropriate Authority for better implementation
and monitoring of the Act in the States;
6. to make punishments prescribed under the Act more stringent so as to serve as a
deterrent for minimizing violations of the Act;
7. to empower the Appropriate Authorities with the powers of Civil Court for search,
seizure and sealing the machines, equipments and records of the violators of law
including sealing of premises and commissioning of witnesses;
8. making mandatory the maintenance of proper records in respect of the use of
ultrasound machines and other equipments capable of detection of sex of foetus and
also in respect of tests and procedures leading to pre-conception selection of sex.
Keeping in view the proposed amendments to the PNDT Act and directions of the
Supreme Court, the PNDT Rules, 1996 are also being amended to inter-alia provide
for restricting sale of ultrasound machines/scanners capable of detection of sex of foetus,
prescribe code of conduct for persons working in such clinics, etc. in accordance with
directions of the Supreme Court.
The amendment to the PNDT Act, which was sent to the Ministry of Law for vetting, has
been sent by them to Legislative Department for preparing the draft Bill. On receipt of
the same, the proposed amendments to the PNDT Act will be placed before the Cabinet
for approval.
12
>
t
Annexure
Sex Ratio among the Child Population in the age group 0-6
Sl.No.
_L___
2.
3.
4. ___
5. ___
6. ___
7. ___
8. ___
9. ___
10. __
11. __
12 ___
13 ___
14 ___
15 ___
16. __
17. __
18. __
19.
20. __
21.
22. __
23. __
24. __
25. __
26. __
27. __
28.
29. __
30. __
31.
32. __
33
34.
35.
States_____________
Punjab_____________
Haryana___________
Chandigarh_________
Himachal Pradesh
Jammu & Kashmir
Delhi______________
Rajasthan__________
U.P.______________
Bihar_____________
Orissa___________
Madhya Pradesh_____
Uttranchal_________
Jharkhand__________
Chhatisgarh________
Sikkim____________
Arunachal Pradesh
Nagaland__________
Manipur___________
Mizoram___________
Tripura____________
Meghalaya_________
Assam_____________
West Bengal________
Gujarat____________
Daman & Diu_______
Dadra & Nagar Haveli
Maharashtra________
Andhra Pradesh_____
Karnataka__________
Goa______________
Lakshadweep_______
Kerala_____________
Tamil Nadu________
Pondicherry________
A & N Islands______
All India
13
1991
875
879
899
951
N.A.
915
916
927
953
967
941
948
979
984
965
982
993
974
969
967
986
975
967
928
958
1013
946
975
960
964
941
958
948
963
973
945
2001
793
820
845
897
937
865
909
916
938
950
929
906
966
975
986
961
975
961
971
975
975
964
963
878
925
973
917
964
949
933
974
963
939
958
965
927
d-sr^t F- tf’.
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THE GAZETTE OF INDIA ; EXTiG\ORDINARY
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THE GAZETTE OF INDIA : EXTRAORDINARY
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THE GAZETTE OF INDIA : J EXTRAORDINARY
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_
-?e;iCSSS=ga:i»'Me==
MINISTRY OF HEALTH J AND FAMILY
WELFARE
(Department of Family Welfare)
NOTIFICATION
New Delhi, the 1st January, 1996
G.S.R. 1(E).—In exercise of the powers conferred
by section 32 of the Pre-natal Diagnostic Techniques
(Regulation and Prevention of Misuse) Act,. 1994
(57 of 1994), the Central Government hereby makes
the following rules, namely:—
1. Short title and commencement.—(1) These
rules may be called the Pre-natal. Diagnostic Tech
niques (Regulation and Prevention, of Misuse) Rules,
1996.
(2) They shall come into force on the date ot their
publication in the Official Gazette.
2. Definitions. In these rules, unless the context
otherwise requires,—
(a) "Act” means The Pre-natal Diagnostic Tech
niques (Regulation and Prevention of Mis
use) Act, 1994 (57 of 1994);
(b) "employee” means a person working in or
employed by a Genetic Counselling Centre,
a Genetic Laboratory or a Genetic Clinic,
and includes those working on part-time,
contractual, consultancy, honorary or on any
other basis;
(c) “Form” means a Form appended to these
rules;
(d) "Schedule” means a Schedule appended to
these rules;
(e) "section” means a section of the Act ;
(f) words and expressions used herein and not
defined in these rules but defined in the Act,
shall have the meanings, respectively, assig
ned to them in the Act.
3. Minimum, requirements.—(1) The minimum
qualifications of the employees, the minimum
equipment and minimum place for a Genetic Coun
selling Centre, Genetic Laboratory and Genetic
Clmic shall be as specified in Schedules I, II and III
(2) Where an institute, hospital, nursing home,
or any place, by whatever name called, provides
services jointly of Genetic Counselling Centre, Genetic
Laboratory and Genetic Clinic, or any combination
of these, it shall conform to the requirements as
specified in Schedules I, II and I1L
4. Registration of Genetic Counselling Centre.
Genetic Laboratory and Genetic Clinic.—(J.) An
application or registration shall be made to the Appro
priate Authority, in duplicate, in Form A.
(2) The Appropriate Authority, or any person in
his office authorised in this behalf, shall acknowledge
■' ■—=—r
9
[Part (I-—Sbc. 3(i)J
THE GAZETTE OF INDIA EXTRAORDINARY
-—
receipt of the application^for registiation, in ~the
‘ackaowlcdgement slip'provided at tU /bottom of
Form A, immediately if delivered at the office of the
Appropriate Authority, or not later than the next
working day if received by post.
>. Application Fee.-(l) Every application for
regidraben under rule 4 shall be accompanied by an
application fee of
la) Rs. 2000.00 for Genetic Counselling Centre;
<b) Rs. 3000.00 for Genetic Labcra:ory;
fc) Rs. 3000.00 for Genetic Clinic; md
rd.) Rs 4000.00 for an institute, hospital, nurs'ng
home, or any place providing jointly the services of a
Genetic Counselling Centre, Genetic Laborator/ and
Genetic Clinic or any combination of such Centre,
Lit oratory or Clinic.
'2) The application fisc shall be paid by a
demand draft drawn in favour of the ApPrcpnate
Authority, on any scheduled bank heated at .
headquarters of the Appropriate Autlmnty.
5 Certificate of registration.—(1) The Approprkte Authority shall, after making A.ch enquiry
and after satisfying itself that the applicant has com
plied with till the requirements, place the application
before the Advisory Committee for it, advice.
12) Having regard to the advice of the Advisory
Cocunitiee the Appropriate Authority shall grant a
certificate of registration, in duplicate, m_ Ferm B
to be applicant. One copy of the certificate of
registration shall be displayed by the registered Gene
ric Counselling Centre, Genette Labcratc ry or Genetic
Clir.ic at a conspicuous place at ts place of
bus ness.
Provided that the Appropriate Authority may
era it a certificate of regis tration to a C-enetic Laborat.iry era Genetic Clinic to conduct one or more
stie'ified pre-natal diagnostic tests or procedures,
depending on the availability of place, equipment
anc qualified employees, and standards maintained
by such laboratory or clinic.
(3) If, after enquiry and after giving an opportrinity of being heard to the applicant and having
regitd to rhe advice of the Advisory Committee, the
Appropriate Authority is satisfied that the applicant
has not complied with tire requirements of the Act
and these rules, it shall, for the reasons to be
recorded m writing, reject the application tor
registration and communicate such . rejection to
the applicant as specified in Form C
,4) Am enquiry under sub-rule (1), including ins
pection at the premises of the Genetic Counselling
Centre. Genetic Laboratory or Genetic Clinic, shall
-
19
[imr II-sw 3(1)] .
be carried out only after due notice is given to the
applicant by the Appropriate Authority.
(5) Grant of certificate of registration or rejection
of application for registration shall be communi
cated to the applicant as specified in Form B or
Form C, as the case may be, wiihin a period of
ninety days from the date of receipt of application
for registration.
(6) The certificate of registration shall be nontransferable. In the event of change of ownership
or change of management or on ceasing to function
as a Genetic Counselling Centre, Genetic Laboratory
or Genetic Clinic, both copies of the certiiicate of
registration shall be surrendered to the Appropriate .
Authority.
(5) On receipt of the renewed certificate of regis
tration in duplicate or on receipt of communication
of rejection of application for renewal, both copies
of the: earlier certificate of registration shall be sur
rendered/immediately to the Approripate Authority
by the Genetic Counselling Centre, Genetic Labora
tory or Genetic Clinic.
(6) In. the event of failure of the Appropriate
Authority to renew the certiiicate of registration or to
cc'nimuriicate rejection of application for renewal of
registration within a period of ninety days from the
date of receipt of application for renewal of regis
tration, the certificate of registration shall be deemed
to have been renewed.
(7) In the event of change of ownership or change
of management of the Genetic Counselling Centre
Genetic Laboratory or Genetic Clinic, the new owner
or manager of such Centre, Laboratory or Clinic
shall apply afresh for grant of certificate of regis
tration.
9. Maintenance and preservation of records.—
(1) Ever/ Genetic Counseli ng Centre, Genetic Lab
oratory and Genetic Cl.nic shall maintain a register
showing, in serial order, the names and addresses
of the women given genetic counselling, subjected to
pre-natal diagnostic procedures or pre-natal dia
gnostic tests, the names of their husbands or fathers
and. the date on which they first reported for such
counselling, procedure or test.
7. Validity of registration.—Every certificate of
registration shall be valid for a period of five years
from the date of its issue. ,
(2) The record to be maintained by every Genetic
•Counelling Centre, in respect of each woman counsel
led, shall be as specified in Form D.
8. Renewal of registration..—(I) An application
for renewal of certificate of registration shall be marie
in duplicate in Form A, to the: Appropriate Authority
thirty days before the date of expiry of the certificate
of registration.. Acknowledgement of receipt of suchapplication shall be issued by the Appropriate Autho
rity in the manner specified in sub-rule (2) of rule 4.
(3) The record to be maintained by every Genetic
Laboratory, in respect of each v/oman subjected to
any pre-natal diagnostic test, shall bd as specified in
Form. E.
(4) The record to be maintained by every Genetic
Clinic, in respect of each woman, subjected to.any pre
natal diagnostic procedure, shall be as sj^ecificd in
Form F.
(2) The Appropriate Authority shall, after holding
an enquiry and after satisfying itself that the applicant
has complied with all the requirements of the Act and
these rules and having regard to the advice of the
Advisory Committee in this behalf, renew the certi
ficate of registration, as specified in Form B, for a
further period of live years from the drate ofi expiry
of the certificate of registration earlier granted.
(3) If, after enquiry and after giving an oppor
tunity of being heard to tbe applicant and having
regard to the advice of the Advisory Committee, the
Appropriate Authority is satisfied that the applicant
has not-complied with the requirements of the Act
and these rules, it shall, for reasons to be recorded in
writing, reject the application for renewal of certi
ficate of registration and communicate such rejec
tion to the applicant as specified in Form C.
(4) The fees payable for renewal of certificate
registration shall be one half Of tine fees provided in
sub-rule (1) of
-•
(5) The Appropriate Authority stall maintain a
pe rmanent record of applications for grant or renewal
of certificate of registration as specified, in Fonn H.
Letters of intimation .of every change of efhployee,
place, address and equipment installed shall also be
preserved a permament records.
(6) All case related-records, forms cf consent,
(laboratory results, microscopic pictures, sonogaphic
plates or slides, recommendations and letters shall
be preserved by the Genetic Counselling Centre,
Genetic Laboratory or Genetic Clinic for a period of
two years from the date of completion of counselking, pre-natal diagnostic procedure or pre-natal
di agnostic test, as the cas e may be. In tie event of any
legal proceedings, the records shall be preserved till
th? final disposal of legal proceedings, er till the expiry
of the said period of two years, whichever is Hater.
(7) In case the Genetic Counselling Centre or
Genetic Laboratory or Genetic Clinic maintains
rtcords on computer or other ellectrojiic equipment,
EXTRAORDIMARY
^LP.rt_1^ec. 3(1)]
the G.\ZETIE OF INDIA
20
—^d may be deltantd under
‘acknowledgement, or sent by registered pest hi.
served after autbenticat:on by a person responsible |
owner or manager of the Genetic Coumelhn , autre.
Genetic Laboratory or Genetic Clinic, it n 1 ■
for such record.
d
acknowledging custody of the docunient° record
10 Conditions for conducting pre-natal diagno- ,
retrter book, pamphlet, advertisertent or other
stic prcedures. (1) Before conducting any pre-naUlmr’terial object seized is available at the place ofe de.tdiagnostic procedure, a written consent, as specified
in I^rm G, in a language the pregnant woman und-r |
ing the seizure.
(4) If any material object seized is perishabie in
stands, shall be obtained tromher:
■
nature
the Appropriate Authority, or the officer aut
Prov'ded that where a Genetic Clinic has taken a
hored inthisbehalf shall make arrangements prom
sample of any body tissue or body Autd anc sen. i
ptly for sealing, identification and
J
to a Genetic Laboratory for analysis or test, it stall
of
die
material
object
ami
also
convey
it
to
a
i
feed
y
not be necessary for the Genetic laboratory to obtain
for analysis or test, if analysis or test be required.
a fresh consent in Form G.
Provided that the refrigerator or other equipment
(21 AU the State Governments and Union terri
tories may issue translation of Form G in languages
Zlbe
Sia^lS £
H. Facilities for inspection—Every
Genetic
Counselling Centre, Genetic
Laboratory and
Genetic Clinic shall afford i reasonable M*es
for inspection of the place, equipment and record,
to SeAppropriate Authority or to any other
person authorised by the Appropriate Authority n
01
sects'- ws
in the list of seizure
(51 In the case of non-completion of search and
Jnc operation, the Appropriate Andiority or the
this behalf.
ve^X tX^ing^i such documents, records,
books or any other material object.
purposes of section 30.
13. lal.imation of changes in
_Fverv Genetic Counselling Centre,
r S Uboratcry or Genetic Clinic stall intimate
every change of employee, place, address and
merit installed, to the Appropriate Authority withi
juried of thirty days of such change
tn this behalf and by the witnesses to the seizur,.
Provided that the list may be prepared, in the
S"£
i.
it is not practicable to make the last at the p ace c
effecting the seizure.
Shdll«n from whose custody the document , record.
SX, Lk. WW
O’1"
material object have been sewed:
Provided that a copy of the list of ,suc51.dl^“™0'^
record, register, book, pamphlet, advertrsement
,4- C‘XX!"
X*
”,c'!
referred to it by a Genetic Clinic.
(2) Every pre-natal diagnostic ptocuiure sta
invariably be immediately preceded ay locating the
fertus and placenta through ultrasonography,
<
th'X natal diagnostic procedure stall, be done
unde - direct ultrasonographic monitormg, so as to
p-Snt any damage to the foetus at.d placenta.
15 Meetings of the Advisory Corrimittees.-Thi
r-A
env tvo meetings ot
intorvenang penc4 between
<
etlb-^ct;Q!
Advisory Committees ccnstnuted under sub .ect.oi
Mitu
(5) of section 17 to advise the appropriate Authority
shall not exceed sixty days.
16. Allowances to members of the Central Super
visory Board.—(1)The ex-oflicjo members, and other
Central and State Government officers appointed to
the Board will be entitled to Travelling Allowance and
Daily Allowance for attend ng the meetings ot the
Board as per the Travelling Allowances rules appli*
cable to them.
(2) The non-oflicial members appointed to, and.
Members of Parliament elected to, the Board will be •
entitled to Travelling Allowance and Daily Allowance
for attending the meetings of the Board as admissible
to non- officials and Members of Parliament, as the
case may be, under the Travelling Allowances rules
of the Central Government.
17. Public
Information —(1) Every Genetic
Counselling Centre, Genetic Laboratory and Genetic
Clinic shall prominently display on its premises a
21
: Wisrirn
English and in the local language or langu
ages for the informatton of the public, to the effect
that disclosure of the sex of the foetus s prohibited
under law.
(2) A t least one copy each of the Act and these
rubh shall be available on the premia of every Ge
netic Counselling, Centre, Genetic Laboratory and
Genetic Clinic, and shall be made available to the
cl’icnttle on demand for persuai.
(3) The Appropriate Authority, the Central
Government the Stale Government, and the> Govern
ment/Administration of the Union territory may
publish periodically lists cf registeied Genetic Counsel
ling Centres, Genetic Laborator es and Genetic
Cl nics and fadings from the reports and other infermution in their possession, for the information of the
public and for use by the experts inrthe feld.
tNo. 2301 ./5^94-PLYj
K. S. SUGATHAN.. Jt.Secy.
SCHEDULE I
[ See i ide 3 (L) ]
REQUIREMENTS FOR REGISTRATION.OF A.
GENETIC COUNSELLING CENTRE
A. PLACE
A room with an area of seven (7) square metres.
B.
EQUIPMENT
Educational cbarts/models.
C. EMPLOYEES :
Any one of tire following :—
(1) Medical Geneticist.
. .
(2) Gynaecologist with 6 months experience, in genetic counselling, or having completed 4 weeks tra?!1.ng m
genetic counselling.
(3) Paediatrician with 6 months experience in genetic counselling, or having completed 4 weeks tiammg in
genetic counselling.
SCHEDULJH II
[See rule 3{1)]
requirements for registration of a
GENETIC LABORATORY
A. PLACE
A room with adequate space for carrying out tests.
B. EQUIPMENT
These are categorised separately for each of the unoermeutioned studies.
Chromosomal studies :
(1) Laminar flow hood with ultraviolet and fluorescent I fcht or other suitable culture hood.
(2.) Hioto^mcroscope with fluorescent source of Hgln.
TOE GAZETTE OF INDIA : BX'rRJ’kORDXN/kRY
22
_______________ .— .
----------
[Pzjrt II—Sec. X01
., ■^=:=:=:s==:.-:-=:=== - --------------------------------------------- ----------- -
(3) Inverted microscope.
(4) Incubator and oven
or closed system with 5% CO2 atmosphere.
(5) Carbon dioxide incubator
(6) Autoclave.
(7) Refrigerator.
(8) Water bath.
(9) Centrifuge.
(10) Vortex mixer.
(11) Magnetic strirrer.
!(14)
b! ‘J'SX
ft—*
Double distillation apparatus (glass).
",s 'r 0'
Biochemical studies :
.
Acquirements according to tests to be carried out)
other suitable culture hood.
(1) Laminar flow hood with ultraviolet and fluorescent ligtd or
(2) Inverted microscope-
g ssx”s—«—>—”i,h 5% aK
(5) Autoclave.
(6) Refrigerator.
(7)
(7) Water bath
(8) BV^roptoresis apparntus and power supply(9)
X.« rerta or
(10)
(ID meter for various biochemical tests.
(12) Vortex mixer.
13) Magnetic stirrer.
<14
’ £e“S™
(15)
ft—» **»*» — «**
Double-distillaticn appratus (glass).
(16)
Liquid nitrogen tank.
(ID
Molecular studies :
(1) Inverted microscope.
(2) Incubator..
(3) Oven.
(4) Refrigerators
Autoclave. (4 degree and minus 20 degree Centigrade)
' ""“E,ra-
(5)
(6) Water bath.
Microcentrifuge.
(7) Electrophoresis
appratus and power supp y.
(8)
(9) Vortex raixer.
(10) Magnetic stirrer.
(H) pH
meter. balance (preferably electronic) wotb sensitivity of 0.1 miligram.
k sensitive
(12)
‘
Double distillation apparatus (glass)
(13.
(14) P.C.R-. machine.
(15) u’S^X^Tphotographicattechmentor other documentation system.
(16)
(17) Precision micropij>ettes.
c. EMPLOYEES :
(I) A Medical Geneticist
having a B.S.c. degree m Biological
(2) A laboratory technician
with at least one year’s experience in condwtmg appropnau p
laboratory course
tests,
23
r«nr II-cw 3(1)1
__________ ___
! -
I---------------- -- ---------------- ~-Te=:^=====:~===g=ges,s*e3
; EJBlESrSeS3tS3355!=J JESSISSS —•—- X-r..1
'-S&
SCHEDULE I II
[See r ile 3(1)]
REQUIREMENTS FOR REGrSTRATION OF A
GENETIC CLINIC
’■
..4 .~»S —» f»
“•
•"
obster tician/gyn’ aeco-
legist.
! G;'1 / .r; '
(2) Equipment, accessories, materials and other facilities required for operations envisaged m the Act.
*fa^ An ultra-sonography machine.
An»p*le
W'“ “
’ •» “■ C1“ri“iC
abdomen.
*(c) Appropriate sterile needles for amniocentesis or .wrdocentesis.
(d) A suitable foetoscope with appropriate accessories for foetoscqpy, foetal skin or organ Mdpsy or foetal
blood sampling shall, be optional.
. . o. .<;
(3) Equipment for dry and wet sterilization.
;
(4) Equipment for carrying out emergency procedures stch as evacuation of uterus or resvseitation in case
of neai.
C. EMPLOYEES
rn A gynaecologist with adequate experience in p^nattd diagnostic procedures (should have performed at} fea?20 procedures under supervision of a gynaecologist experienced m the procedure which is going o be
carried out, for example chorionic villi biopsy, amniacentesis, cordocentesis and others as mdicated at
B above).
(2) A Radiologist or Registered Medical Practitioner for carrying out ultrasonography
The required ex1 ’
p,;rience shall be 100 cases under supervision of a similarly qualified person experienced in these techniques.
mtaimumrequirement ofequipmentfor conducting the relevant procedure.
FORM A
[See rules 4(1) and 8(1)]
(TO BE SUBMITTED (N DUPLICATE)
WITH SUPPORTING DOCUMENT?! AS ENCLOSURES, ALSO IN DUPLIC/ifE
FOKM OF APPLICATION FOR REGISTRATION OR RENEWAL OF REGISTRATION OF A GENETIC
form of aehl^nselling centre/geneitc LABORATORY/GENETIC CLINIC*
1. Name of the applicant
(specify Sh./Smt./Kum./Dr.)
2. Address of the applicant
3. Capacity in which applying
(specify ovzner/partner/man aging director/other- to be
stated)
4 Type of facUity to be registered
(specify Genetic Counselling Centre/Genetic Labo
ratory /Genetic Clinic/any combination of these)
5
Full name and address/addresses of Genetic Coun.sefling
Centre/Genetic Laboratory/Genetic Clinic with Tele phone/TelegraphicTelx/FaxE-mail numbers.
2X;
THE GAZETTE OF INDIA : EXIFi AORD^ARj^
[Part
6. Type of ownership and organisation (specify individual
ownership/partnership/company/co-operative/any other).
In case of type of organisation other than individual
ownership, furnish copy of articles of association and
names and addresses of other persons responsible for
management, as enclosure.
7. Type of Institution (Govt. Hospital/Municipal Hospital/
Public Hospitall/Private Hospital/Private Nursing Home I
Private Clinic/Private Laboratory/any other to be stated.
8. Specific prenatal diagnostic procedures/tests for which
approval is sought (for example amniocentesis, chorion??
villi aspiration/chromosomal/biochemical/molecular
studies etc).
Leave blank if registration sought for Genetic Councelling
Centre only
9. (a) Space available for the Counselling Centre/Clinic/
Laboratory give total work area excluding lobbies,
waiting rooms, stairs etc. and enclose plan)
10. Equipment available with the make and model of each
equipment. List to be attached on a separate sheet).
11. (a) Facilities available in the Counselling Centre.
(b) Whether facilities are available in the Laboratory/
Clinic for the following tests;’
(i) Ultnisound
(ii) Amniocentesis
(iii) Chorionic villi aspiration
(iv) Foetoscopy
(v) Foetal biopsy
(vi) Cordocente^is
(c) Whether facilities are available in the Laboratory
Clinic for the following :
(i) Chromosomal studies
(ii) Biochemical studies
(iii) Molecular studies
12. Names, qualifications, experience and registrationi num
ber of employees. May be furnished as an enclosure
(Refer Schedules 1,11 or III)
13. State whether the Genetic Co tinselling Centre, Genetic
Laboratory/Genetic Clinic* qualifies for registration in
terms of minimum requirements laid down in Schedule
L, II and HI and if not, reasons therefor.
14. For renewal applications only :
(a; Registration No.
)b) Date of issue and date of expiry of existing certi
ficate of registration.
15. List of Enclosures :
Please attach a list of enclosures giving the supporting
documents enclosed to this application.
Date :
Place :
(.------------------------------------- —)
Name and signature of applicant
3(01
[*jft
nr^.' fn
3(i)]
25
; «rffTtnrn;
DECIARATION
son/
I, Sh./Smt/Kumr/Dr
daughter/wife of,
years resident of
aged
hereby declare that I hav; read and understood the Pre-natal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act, 1994(57 of 1994) and the Pre-natal Diagnostic Techniques (Regulation and Pievention of Misuse),
Rules, 1995
(ii) I also undertake to explain the said Act and Rules to a I employees of the G'enetic Counselling Centre/
Genetic Laboratc r y/Gonefic Clinic in res pec1 of Which registration i s sought and to ensure that Act and rul. s are fully
complied with
(.„------------------------------------------------------------ ---------- -- ------------ )
Name and signature oi applicant
Date :
<
Place :
*Strike out whichever is not applicable or not necessary.
ol the applicant
All enclosures are to be authenticated by signatui6
ACKNOWLEIXJEIMENT
[See wks 4(2) and 8(1)]
The application in Form A in duplicate for grant*/rcnewal* of registration of Genetic Counselling Centre.*/
Genetic Lab oratory*/Gene tic Clinic* by
.............................................
been received by the Appropr:ate Authority
on
*The list of enclosures; attached to the application in Form A has been verified with the enclosures submitted
and found to be correct.
OR
*On verification it is found that following, documents mentiomrd in the list of enclosures are not actually
enclosed.
This acknowledgement does not confer any rights on the appl cant for grant or renewal of registration.
(------------------------------------------
■)
Signature and Designation of
Appropriate Authority, or authorized
person in the office of the Appropriate
Authority.
Date :
SEAL
♦Strike out whichever is no t applicable or not necessary.
1 GI/96—4
[Pab.t JLi-Siic, S(i)l
THE GAZETTE OF INDIA ; EXT ^ORDINARY
------- - ----------- ORIGINAL*
DUPLICATE FOP DISPLAY
26
------------------ —
I
.
---------------------------
FORM B
[Sec rules 6(2), 6(5) ar.d 8(2) ]
CERTIFICATE OF REGISTRATION
vTo be issued in duplicate)
1. In exercise of the powers conferred under section 19(,.'.) cl the Prenatal Diagno>t c Techniques (Regulation
and Prevention of Misuse) Act, 1994 (57 of 1994), the Appropriate Authority.........
be eby f rants registr
Pr natalDirgnositrc Procedures*/Prnatal Diagnostic Tests*
years ending on
2. This registration is granted subject to the aforesaid Ad. and Rules thereunder, and any conti ave rtion thereof
shall result in suspension or cancellation of this Certificate of Re.-jistration before the expiry of the stid penoc of
five years.
A. Name and address of the Genetic Counselling Centre*/Genetic Laborarory*/Genetic Clinic*
B. Name of Applicant for registration
C. Prenatal diagnositic procedures approved for (genetic din e)
(i) Ultrasound
(ii) Amniocentesis
(iii) Chorionic Villi biopsy
(iv) Foetoscopy
(v) Foetal skin or organ bioj^sy
(vi) Cordocentesis.
(vii) Any other (specify)
D. Prenatal diagnostic tests* approved (for Genetic L nboracory)
(i) Chromosomal studies
(ii) Biochemical studies
(iii) Molecular studies
3. Registration No. allotted
4. For renewed Certificate of Registration, only
Period of validity of earlier Certificate From.
Registration.
.To
of
Signature ,name fand designation of the
Appropriate Authority
Date :
SEAL
♦Strike out whichever is not applicable or necessary.
DISPLAY ONE COPY OF THIS CERTIFICATE AT A CONSPICUOUS PLACE AT THE PLACE OF
BUSINESS.
---------------
27
«pi trw ; vrsnovr
[wm II-vw 3(i)J
■
'
FORM C
[See rules 6(3), 6(5) iind ?(.!)1
REJECTION OF APPLICATION FOR REGISTRATION OR
renewal, of registration
In exercise c>f the powers conferred ™dei section 19'2) of the Prenatal Diagnostic Techniques
Prevention of Misuse) Act, 1994 the Appropriate^
the application tor grant ♦/renewal4*, of registration
Clinic* named below for the reasons stated.
Name and address of the Genet c Coonsell ng Centre '■/Genetic
Lab oratory♦/Genetic Clinic*
Name of Applicant who has appl.ed foi registrat on
Reasons for rejection of application for registration
Signature, name and designation of
Appropriate Authority
.
Date
SEAL
•Strike out whichever is not applicable or necessary.
FORM 1)
[See rule 9(2)1
1. Patient’s name
2. Age
3. Husband’s/Father’s name
4. Full address, with Tel. No. if any
5. Referred by (Full name and address of Doctor(s) with registration
No.(s) (Referral note to be preserved carefully
with casie papers)
6. Last menstrual period/
weeks of pregnancy
7. History of genetic/mcdical disease in the family (specify)
Basis of diagnosis :
(a) Clinical
(b) Bio-Chemical
(c) Cyto-genetic
(d) Other (e.g. radiological)
8. Indication for prenatal diagnosis*
A. Previous child/children with:
(i) Oluoinosomal disorders
(ii) Metabolic disorders
(iii) Congenital anomaly
-'GO
07'393
fet
J
/
28
THE GAZE'FJT’ OF INDIA : EXTRAORDINARY
1
■»!*«»>!
■-.**.»
------------------ ...
■ J,------- ---------- —_-.g-.__ -■ -__________ _
t
[Paf.t II—Sec. 3(i)J
(iv) Mental retardation
(v) Haemoglobinopathy
(vi) Sex lin ked disorders
(vii) Any other (specify)
B. Advanced maternal age (—35 years)
C. Mother/father/sibling has genetic disease (specify)
D. Others (specify)
9, Procedure advised**
(i) Ultrasound
(ii) Amniocentesis
(iii) Chorionic Villi biopsy
(iv) Foetoscopy
(v) Feetal skin or organ biopsy
(vi) Cordocentesis
(vii) Any other (specify)
10. Laboratory tests to be carried out
(i) Chromosomal studies
(ii) Biochemical studies
(iii) Molecular studies
11. Result of prenatal diagnosis:
If abnormal give details.
Normal/ Abnorma 1
12. Was MTP advised?
13. Name and address of Genetic Clinic*
to which patient referred..
14. Dates of commencement and completion of genetic counselll. cig.
Name, Signature and Registration No.
of the Medical Geneticist/Gynaecologist/
Paediatricirn.
Date
♦Strike out whichever is not applicable or not necessary.
Form E
[See rule 9 (3)]
NAME, ADDRESS AND REGISTRATION NG. OF GENETIC LABORATORY
RECORD TO EE MAINTAINED BY THIS GENETIC LABORATORY
1. Patient’s name
2. Age
3. Huaband’s/Father’s name
4. Full address with Tel. No., if any
5. Referred by/sample sent by (full name and address
of Genetic Clinic (Referral note to be preserved care
fully with wise paper).
6. Type of sample : Maternal blood/Chorionic villuj;
Mmpfo/amniotic ttuid/Poetal blood or other foetal tissue
(Specify)
[«n’T II-v* 3(i)]
w.v?,- w
___ _
29
: ’^rnrrr’r
::roB«a=e=rr—
7. Specify indication for prenatal diagnosis
(A) Previous Child/children with:
(i) Chromosomal disorders
(ii) Metabolic disorders
(iii) Malformation($)
(iv) Mental retardation
(v) Hereditary haemolytic anaemia
(vi) Sex linked disorder
(vii) Any other/(specify)
(B) Aclvmiced maternal age (—35 years)
(C) Mother/father/sibling has genetic disease
(specify)
(D) Other /speiefy)
8. Laboratory tests carried out (give details)
(i) Cromosomal studies
(ii) Biochemical studies
(iii) Molecular studies
9. Result of pre-natal diagnosis:
if abnormal give details
Nornial/Abnormal
10. Date(s) on which tests carried out
The results of the pre-nataldiagnostic tests were conveyed to
on
>arne) signature and Registration num1>er of the
Medical Geneticist
Date
Form F
[See role 9 (4)]
name,
1. Patient’s name
2. Age
3. Husband’s/Fathefs name
4. Full Address with Tel. No., if any
s Referred by (fall name and address of doctor(s)/Genetic
Counselling Centre (Referral note to be preserved
carefolly with case papers).
6. Last menstroal period/
weeks of pregnancy.
7. History of genetic/medical disease in the family
(specify).
Basis of diagnosis:
(a) Clinical
(b) Bio-Chemical
• . (e) Cyto-genetic
(e-g. radiological-specify)
(d) Other (e.g.
"iv
gShc cSnc "
30
THE GAZETTE OF INDIA
EXTRAOBDINARY
[Part II—Sec. 3(i)]
••—;tr=r:=:x3X
8. Indication for prenatal diagnosis
(A) Previous child/children with:
(i) Chromosomal disorders
(ii) Metabolic disorders
(iii) Congenital anomaly
(iv) Mental ratardation
(v) Haemoglobinopathy
(vi) Sex linked disorder
(vii) Any other (specify)
(B) Advanced maternal age (— 35 years)
(C) Mother/father/sibling has genetic disease (specify)
(D) Other (specify)
9. Procedures earned out (with name and registration No.
of Gynaecologist/Radiologist/Registered Medical
Practitioner) who performed it.
(i) Ultrasound
(ii) Aminiocentesis
(iii) Chorionic Villi aspiration
(iv) Foetal biopsy
(v) Cordocentesis
(vi) Any other (specify)
10. Any complication of prcced we—please specify
11. Laboratory tests recommended*
(i) Chromosmal studies
(ii) Biochemical studies
(iii) Molecular studies
Nonnal/Abnormal
12. Result of pre-natal diagnostic procedure and specify
abnormality detected, if any.
13. Was MTP advised/conducted
14. Date(s) on which procedures carried out.
15. Date on which MTP carried out.
16. Date on which consent obtained.
17. The result of pre-natal diagnostic procedure were
conveyed to
.............. cm
Name, signature and Regstration number of the
Date
Gyn
iiecologiist/Rad iologist/Registere d Medic al PracPlace
t’tio'ier
♦ Strike out whichever is not appliable or not necessary.
FORM G
(See rule !0)]
FORM OF CONSENT
I,
age
.. .wife/daughter of ....
..... r-....................
years residing at
hereby state that I have been explained fully the probable side eifecxei and after effects of the pre-natal diagnostic
31
_______ ___ _
to find out the possibility of
n’ r ww •
“TrTT^ to undergo the Pre-natal^iaS“°2
53JS*»fre' 4’te“iy “
”
carrying.
. •»“ ■«T co’''““'1 ,to"
u.i
the absence of deforrmty or disorders.
.n
p.;f;..natal D)a.
gnostic Techniques (Regulation and Prevent!
Date
Place
her companion (Name
Address..............................
- ..... ) in’a'lagnagueshe/they understand.
relationship
!
Name, signature
cola gist
Date
Ns me i address
tic Clinic
and Registration number of Gynaeand Registration number oi Gene-
<
form h
(See rule 9(5)1
1. SI. No.
2. File number of Appropriate Authority.
3 Date of receipt of application for grant of rogistrat on.
i
4. Name, Address, Phone/Fax etc. of Applicant.
5 Name and address (es) of Genetic Counselling Centre , G-netu
Laboratov*/ Genetic k-lmic.
<
1
of issue of orders).
allotted and date ol expiry of re8. Registration number
gistration.
9. Renewals (date of renewal and renewed npto)
10. File number in which renewals dealt.
11. Additional information, if any.
Name, designation and signature of appropriate
Authority
/)
32
THE GAZBTTB Of INDIA : HV1.RA.QRD1NARY
[PA)U JI—Sbc. 3(i)]
■ rwacTT ■■ i in—iw, i. ri r 11 maai i f, Try=x:tzc:=c:crg^:33.-.’ x r a ■ rt ■^a-zsrarsrascssjs:::; yssjs: :xz=:s;s=z:ssa3rsrrrrinr
Guidance for Appropriate Auihority
(a) FormHisapermamontreocrd to be maintained as a register, in the custody of the Appropriate Authority.
(b) *means strike out wullier is not applicable.
(c) Against item 7, record date of issue of order in Form B cr Form C.
(d) On renewal, the Rogistration. Number of the Genetic Corbelling Centre/Genetic Laboratory/Genetic Clinic
will not change. A fresh registration Number will be allotted m the event of change of ownership or management.
(e) No registration number shall be allotted twice.
folio consisting
(f) Each Genetic Counseling Centre/Genetic laboratory/Genetic Clinic may bo allotted a
of two facing pages of the Register for recording Form H.
(g) The space provided for ‘additional information’ may t» used for recording ^Pension cancellatwns
rejection of application for renewal, change of ownersliijs/management, outcome of any legal proceedings,
etc.
(h) Every folio (i.e. 2 pages) of the Register shall bo authenticated by signature of the Appropriate Authority,
with date,, and every subsequent entry shall also be similarly authenticated.
Printed by the Manager, Govt, of ludiB Pnwa, lUng Rond, Mfijpi Pin'. New Dellii-11.0064
and PubMed by tbo <to*troHor ef P-abiicB ion«, Delhi-110054, 1996
•i
9 .
HO
REGISTERED No. DI^330(M/94
0-330 04/94
) ;
1
^iie (Kaseite of.^ndta
EXTRAORDINARY
n 1 *r TT——1
PART II—Section 1
snfkwnT .swnfn<T
PUBLISHED BY AUTHORITY
HO
74j
No. 74]
nf
20, 1994/HH 29, 1916
NEW DELHI. TUESDAY, SEPTEMBER 20. 1994UHADRA 29, 1916
vrnr n
3THH hwthh
W
*a H^ I
Scpsimtc pngint* j« given to hus Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW. JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
iVeu* Delhi, the 20<h September, 1994/Bhadra 29. 1916 (Saka)
1 he following Act of Parliament received the asseni of the President
on the 20th September. 1994, and is hereby published foi general infor
mation: —
THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULA.
TION AND PREVENTION OF MISUSE) ACT. 1994
No 57 of I n94
[20th September, 1994.]
An Act io provide for the regulation of the use of pre-natal diagnostic
techniques for the purpose of derectiag genetic or metabolic dis
orders or chromosomal abnormalities or certain congenital mal
formations or sex linked disorders and for the prevention of the
misuse of such techniques for the purpose of pre-natal sex deter
mination 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
Pn ELI MINA RY
1. (1) This Act may be called the Pre-natal Diagnostic Techniques
(Regulation and Prevention of Misuse) Act, 19^4.
extent and
commeoca*
(2) It shall exienu to the whole of -India-except—the-Suue-of—Jiuumu—
and Kashmir.
■
■
•
THE GAZETTE OF INDIA EXTRAORDINARY
[Pa*t li
(5) It ahull come into force on such date as the Central Govetnn'.cnt
may, by nouhe^uon in the Official Gazette appoint
DefLai-
2. In this Act, unless the context otherwise requires,
UOD3.
(a) Appropriate Authority** means the Appropriate
appointed unaer section 17;
Authority
(b) “Board” mes ns the Central Supervisory Board constituted
unaei section 7;
(C) “Genetic Counselling Centre” means an institute,
institute, hospital,
hospital,
nurs.ng hvmc cr any place, by whatever name called, which pro\i*.«cs
for genetic counselling io patients;
(d) “Genetic Clinic” means a clinic, institute, hospital, nursing
home or any place, by whatever name called, which is used for con
ducting 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;
1
i
(j) “gynrecologist” means a person who possesses a
tiunte qualification m gynaecology and obstetrics;
post-cra-
(g) ‘‘medical geneticist” means a person who possesses a degree
or diploma or certificate in medical genetics in the field of pre-natal
diagnostic teenmoues or has experience of not less than two years in
such field after obtaining—
ri> any nne of the med’eal qualifications
the Ionian Medical Council Act, 1956; or
recognised
under
102 of 1350.
(i:) a post-graduate degree in biological sciences:
"paeciatncian” means a Larson who possesses a post-gradimJe
"luahficatinn m paediatrics;
til ••pre-r.ata; diamostic procedures” means all gynaecological or
oostetrical or medical procedures such
ultrasonography foetoscopy.
taking or removing samples of amniotic fluid, chorionic villi, blood
or any tissue cf a prr~~“m( woman for being sent m a Genetic Labora
tory or G?ne«ic Clinic for conducting pre-natal diagnostic test;
fj) “pre-nami diagnostic techniques” includes all
diagnostic procecures and pre-natal diagnostic tests;
pre-natal
ik) “rre-naial diagnostic test” means ultrasonogiaphy or any lcst
or analysis cf amniotic fluid, chorionic villi, blood or any tissue of a
prccnant -Aoman conducted ;o detect genetic o»- metabolic disorders n»
enrum somal acnormainio* or r”ni:en«ial •inomnhe^ or nncmoulobinooathiec or sex-linked diseases:
J) -nresc red’’ means prescribed bv rules made undci this Act:
(nil •Tcosstcrrd mco'crl i ractitioner” means a medical practitioner
who ^ossc^cs any rccognisec medical qualification as defined in clause
(h» of rcciior. '2 of th? Indian Medical Council Act. 195G. and
•••nose name has beer entered m a State Medical Register:
102 of ]f).K
S£C. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
3
(n) “regulations” means regulations framed by the Board under
this Act.
CHAPTER IT
Regulation de Genetic Counselling Centres Genetic Laboiiawrjes
and Genetic Clinics
3. On and from the commencement oi this Act,—
(1) no Genetic Counselling Centre, Genetic Laboratory or
Genetic Clinic unless registered under this Act, shall conduct or
associate with, or help in, conducting activities relating to pre-natal
diagnostic techniques;
(2) no Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall employ or
cause to be
employed anv person
who
does not possess the prescribed qualifications;
RegulaHon of
<>eneitc
Counsel
ling
Centres,
Genetic
Labora
tories and
Genetic
Clinics.
(5) no medical geneticist, gynaecologist paediatrician registered
medical practitioner or any other person shall conduct or ranse to
be conducted or aid in conducting by himself or through toy other
person, any pre-natal diagnostic techniques at a place other than a
place registered under this Act.
CHAPTER HI
Regulation of pre-natal djagnosiic ieciiniques
4. On and from the commencement of this Act,—
(1) no place including a registered Genetic Counselling Centre
or Genetic Laboratory or Genetic Clinic shall be used or caused to
be used by any person for conducting pre-natal diagnostic terhniques except lor the purposes specified in clause (2) and aftersatis
fying any of the conditions specified in clause (3);
(2) no pre-natal diagnostic techniques shall be conducted er.cep l
for the purposes of detection of any of the following
abnormalities.
namely:—
(/) chromosomal abnormalities;
(u) genetic metabolic diseases;
(ui) haemoglobinopathics;
(iv) sex-linked genetic diseases;
(v) congenital anomalies:
(vi) any other abnormalities or diseases as in i v be specified
by the Central Supervisory Board;
(3) no pre-natal diagnostic techniques shall be used or conducted
unless the person qualified to do so is sati$fied_thnt any of Tfic ToP
lowing conditions are fulfilled, namely: —
(ii
pep
of flip rrecnnnt woman is above thirty-five years:
Repidatioa
of prrnataJ
Uagnosuc
techniques.
4
THE GAZETTE OF INDIA EXTRAORDINARY
(«) the .]pregant
----------- woman has undergone of
spontaneous abortions
- ; or foetal loss;
two
or
more
k
1
(iu) the
pregnant woman had been exposed to pountially
‘eratogemc agents such
as drugs, radiation, infection or chemicals;
retard
preenant
has a
family history of mental
«raauon or physJC2j deformities
such
as spasticity or any
other genetic disease;
(-) any other condition as
may be specified by tb® Central
Supemsory Board;
(?) no ;person,
----being a relative
or the husband of the pregnant
woman shall
----- * °r encourage the
conduct
of any pre-rttal diagnosuc techniques on her except for the
purpose specified in clause
(-).
Wnurn
coosco:
ptepuni
prpniciuon
of commo,
nic-tinc ••’c
rcx cf
•*OCf US
5. (1) No person referred
io in clause (2) of
section 3 shall conduct
•he ore-natal diagnostic procedures unless—
he has explained all known side and
after effects of
proceaures to the picguant woman concerned;
such
(h) he has obtained
in the prescribed form her
^^rittcn consent
'o undergo sucn procedures
in the language which she
-e understands:
and
(c I a copy of her
wnticn cvnscm obuiincd under cluuse (6) is
Civen :o the pregnant woman
(-) -N’o person conducing prc-nata]
diagnostic procedures
shall
communicate to be
pregnant woman concerned or her relatives the
sex
the foetus by words
signs or in anv other manner.
• Br rrm.
-j.ien
,
b Or. —no .rum tbe .□mmcr'<rmvn:
of this Act,—
Geneve c VT'
- u. snal|
snail cunuJk..
cunu-j.. u.
ro3on^nvr Clinic,
for ‘‘’r
Ccnirc °r Genw.c Laboratory
Laboratory’
or
C3use to be conducted i " 2
-J in its Centre,
! Ultof determining the sex of a foetus;
--JU-L-nPCr::Or ina11 tOnUUC: °r CJUSP 10
conducted cr.-;
any preJ“c ■c--’iniq-er .nciuamg u’trasonography for the
—‘ pur«»c r. aetermm.ng the ,e* <foetus
P Y tor the
tSHAFTER IV
t' l KA.
f' r. : •
• .-on < ;
'• ntra
• fl) Tr.r '"cni
-■ nowr.
*
r-'iKOf.'. Boxxt)
mil
constitute a Board to be
Hoard to exercise the powers
and
: r- ' Board under this Act
F ir—•
'rrtr ’ —
"r* ’• * o
7^
ceniil; c
Board.
...in’Ste-
-r.
• r n s n n 11 t (
•»t» ..f the Ministry nr Deportment of
’,r ' ....irmon, rr opir»u:
Six. 1J
D
THE GAZE1TE OF INDIA EX 1RAORD1NARY
the Secretary to tne Government of India in charge of ,he
Department of Family Welfare, who ahull be the Vlce-Chulniiun,
(c) two members to be appointed by the Central Government
• represent the Ministries of Central Government in charge of
Woman and Child Development and of Law and Justice, ex-offzcio:
(cl) the Director General of Health Services of the Central
Government, ex officio;
(e) ten members to be appointed by
two each from amongst—
the Central Government.
(i) eminent medical geneticists;
.1
(ii) eminent gynaecologists and obstetricians;
(iii) eminent paediatricians;
(iv) eminent social scientists; and
(v) representatives of women welfare organisations:
(f) three women Members of Parliament, of whom two snail be
elected by the House of the People and one by the Council of Slates:
(g) four members to be appointed by the Central Government
by rotation to represent the
l. States and the Union territories, two m
the alphabetical order and two in the reverse alphabetical order:
Provided that no appointment under this clause shall be made
except on the recommendation of the State Government Or. as the
case may be, the Union territory;
(h)
(h) an
an officer,
officer, not
not below the rank of a Joint Secretary or
equivalent
f
the
Central
Government, in charge of Fandlv Welfare,
equivalent f the C—
who shall be the Meraber-Diexetary, ex officio.
8. (1) The term of office of a member, other than an ex officio memshall be,—
(a) in case of appointment under clause (e) or
sub-section (2) of section 7. three years; and
clause (f) uf
(b) in case of appointment under clause (a) of the said
section, one year.
sub-
(2) If
casual vacancy
occurs in the office of any other members.
(2)
If aa casual
vacancy occurs
j of his death, resignation or inab’bty to discharge his
whether by reason c_ —
f'^edo’ns’owmg 7o illness or other incapacity, such vacancy shall be niled
bv .he Central Government ■by’ making
making aa fresh appointment and the
member so anoointed shall
shall hold
hold office
office for
for the
the .etmundcr of the term of
office of the person in whose place he is so appointed.
(3) The Vice-Chairman shall perform such functions
assignedao him.by_the_CLninn3n .from lime to thne. ,
ns mav he
U) The procedure to be followed by the members in the discharec
of ihett functions shall he such as may he prescribed.
‘J erm e-f
otficr of
member*.
THL GAZETTE OF INDIA EXTRAORDINARY
6
•J. U) 1 he Board shall meet at. such toe? 3 ’
sucn rules of procedure m regard to the transau
meetings (including the • quorum at such meetings) as
L'ccun’e
«•’ the .
'j on rd.
[Pa* r II—
business al
.
Pr
bv recul.itions:
Provided that the Board shall meet at least once in six months.
(2) The Chairman and in his absence the Vice-Chairman shall preside
ine meetings of ihe Board.
<51 <f ;or any reason the Chairman or the Vice-Ciiairman is unable
io attend any meeting of the Board, any other member chosen by the
members present at the meeting shall preside al the meeting.
Hi AL questions which come up before any meeting of the Boaru
snail be decided by a majority of the votes of the members present and
voting, and in the event of an equality of votes, the Chanman. or in his
aosence. me person presiding, snail have and exeicise a second orcas.ing
vote.
.5, Memners other than c.r officio members shall receive such allow
ances. .f snv. from the Board as may be prescribed.
...
•>«'
i
nvji. J J' •’
-rococo,
.ngs
or ihe
Hoard
in No act or proceeding of the Board shall be invalid merely
.-cason of—
(<i) any vacancy in, or anv defect in the constitution of,
by
the
Board: or
(b) any defect in the appointment of a person acting as a member of the Board: or
io any irregularity in the procedure of the Board not affecting
the merits of the case.
i:o.'.ru ’c
c^rurula-r'urro<c<
\pnotr.i-
ment c*
oiliccr*
and
ether cn»r:ovm
the Hn'T.'
associate with itself, in such manner and for
11 Ji The Board
.mined bv regulations. anv person whose
zucr. purposer • may
oete
assistance or scvice it mav desire in earning out any of the provisions
r: this Ac:
(2) .A person associated with it bv the Board under sub-section (2)
lor anv purpose shall have a right to take parttin the discussions relevant
to vote at a meeting of the
to that purpose, but shall not have aa right
i
for any other purpose.
Board and shall no: be a memoer f_
—paaa of enabling it efficiently to discharge
its
(/) For the purpose
*
L
the
Board
may,
subject
to
such
regulations
as
functions under this Act.
bahalf.
appoint
(whether
on deputation or othermay be
, made in this i
employees as it may consider
i
wise) such number of officers and other
necessarv
Provided that the cpoointment of such category of officers, as may
bv specifier1, m such reuxuations. shall be subject to the approval of the
C-mtra. Government.
<2i Every officer or other employee appointed by the Board shall be
■ servnrp and shall be entitled to such resubject to such conditions of
---Lined
muneiauon
.aa. oc :dcl----- in the regulations.
Sec. 1J
z*
THE G/\ZETTE OF INDIA EXFRAORDINARY
13. All orders and decisions of the Board shall be authenticated by Aulhcalication of
the signature of the Chairman or any other member authorised by the orders ami
Board in this behalf, and all other instruments issued by the Board shall other inoe authenticated by the signature of the Member-Secretary or any other sinitncni^
*»r I be
olliccr of the Board authorised in like manner in this behalf.
Board.
14. A person shall be disqualified for being appointed as a member
if, he—
(u) has been convicted and sentenced to imprisonment for an
•ufience which, in the opinion of the Central Government, involves
moral turpitude; or
Disqualiticilioits
lor
anpoHUment aj
inemlKt.
(b) is an undischarged insolvent; or
(cj is of unsound mind and stands so declared by a competent
court; or
(d) has been removed or dismissed from the service of
the
Government or a Corporation owned or controlled by the Government; or
(e) has. in the opinion
of the Central Government,
such
financial or other interest in the Board as is likely to affect pre
judicially the discharge by him of his functions as a member; or
(f) has. in the opinion of the Central Government, been asso
ciated with the use or promotion of pre-natal diagnostic technique
for determination of sex.
15. Subject to the other terms and conditions of service as may bo
prescribed, any person ceasing to be a member shall be
he eligible for re
appointment as such member.
If. The Board shall have the following functions, namely: —
u) to advise the Government on policy matters relating to use
"i pre-natal diagnostic techniques;
<»f member
for re.
uppointn»» nt.
Func
lions
of tbe
Board.
(ii) to review implementation ?f the Act and the rules made
thereunder and recommend changes in the said Act and rules to the
Central Government;
(iii) to create nublic awareness against the practice of pre-natal
determination of se:: and female foeticide;
(iv) to lay down code of conduct to be observed by persons
working at Genetic Counselling Centres. Genetic Laboratories and
Genetic Clinics;
(n) anv other functions as may be specified tinder the Act.
CHAPTER V
AppRorniATZ Authority and Advisory Committee
17. (/) The Central Government shall appoint, by notification in the
"’ffieial Gazette, one or more Appropriate Authorities for each of the
Union territories for the purposes of this Act.
II
o
Appro
priate
ABtho-====
rity and
Advisory
THE GAZEITE OF INDIA EXTRAORDINARY
5
(PamtU—
(2) The State Government shall appoint, by notification in the Offi
cial Gazette, one or more Appropriate Authorities for the whole or part
of the State for the purposes of this Act having regard to the intensity
of the problem of pre-natal sex determination leading to female foeti
cide.
(3) The officers appointed as Appropriate
section < • ) or sub-section (2) shall be.—
Authorities under
sub
(a j when appointed for the whole of the State or the Union
territory, of or above tlie rank of the Joint Director of Health and
Family Welfare; and
(b) when appointed foi any part of the State or
the Union
•.erntorx. of such other rank ns the State Government or the Cen
tra; Government as the case may be. may deem fit.
The Appropriate Authority shall have the following functions,
name: . —
^ai to k*aot. suspend or cancel registration of a Genetic Coun
selling Centre. Genetic Laboratory or Genetic Clinic;
(u > to enforce standards presciibed for the Genetic Counselling
Centre. Genetic Laboratory and Genetic Clinic;
(C) io investigate comolaints of breach of the provisions of this
.Act or the rules mnae thereunder and take immediate action; and
seek and consider the advice of the Advisory Committee,
consiitutcc under sub-section (5). on application for registration
an-f on complaint^ for suspension oi cancellation of registration.
idi
Io
15 i The Centra! Government or the State Government, as the caso
max be. sn .-'.11 constitute an Advisory Committee for each Appropriate
Axitnontx- i0 aid and advise the Appropriate Authority in the discharge
shall appoint one of the members of the Advisory'
of its functions and
;
•
:ts
Chairman.
Comm::re*.’ *n oc
Acr.isorx
16)
Committee shall consist of—
\pi :urce mvoica. experts from amongst gynaecologists, obstericians. paediatricians ano mt Gical geneticists:
< b » one legal expo'*.:
one officer to represent the department dealing with informanor, □ nn pubheitv of the State Government or the Union terrilory as the case may be:
< ci
t d) three eminent social workers of whom not less than one
snail he from amongst representatives of women’s organisations.
n of the Central Government or the
(7) \‘o person who. in ‘he opinion
State Government a5 the case may Ibe. has been associated with the use
r nr^motion of ore-natal diagnostic technique for determination of sex
^nall re aocoin’ec as a member of the Advisory Committee.
T1'. Acxisorv Committvf max' meet as and when it thinks fit ot
tx i
tnv rxaues: of the Appropriate Authority for consideration of any
application :or registration or anv
□ nv comolaint for suspension or cancclfa-'
*.:or.
t?::•'□tior. and m rive advice thereon:
• t
S£C. 1]
THE Ci AZETIE OF INDIA EXTRAORDINARY
9
Provided that die period intervening between any two meetings shall
not exceed the prescribed period.
(9) 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 in the discharge of its functions shall be such as
may be prescribed.
CHAPTER VI
Registration of Genctic Counselling Centres, Genetic Laboratories
and Genetic Clinics
18. (1) No person shall open any Genetic Counselling Centre, Genetic
Laboratory or Genetic Clinic after the commencement of this Act unless
such Centre, Laboratory or Clinic is duly registered separately or jointly
under this Act.
(2) Every application for registration under sub-section (2), shall be
made to the Appropriate Authority in such form and in such manner and
shall be accompanied by such fees as may be prescribed.
Registration
of Genetic
Counselling
Centres,
Genetic
Laboratorica
°r
Genetic
Clinics.
(3) Every Genetic Counselling Centre, Genetic Laboratory or Genetic
Clinic engaged, either partly or exclusively, in counselling or conducting pre-natal diagnostic techniques for any of the purposes mentioned in
• section 4, immediately before t!ie commencement of this Act, shall apply
for registration within sixty days from the date of such commencement.
(4) Subject to the provisions of section G, every Genetic Counselling
Centre. Genetic Laboratory' or Genetic Clinic engaged in counselling or
conducting pre-natal diagnostic techniques shall cease to conduct any
such counselling or technique on the expiry of six months from the date
’l Centr^,
of commencement of this Act unless such
Centra, Laboratory or Clinic
C-----has applied for registration and is so registered separately or jointly or
till such application is disposed r.
whichever is earlier.
(5) No Genetic Counselling
Genetic
Coiin.selhng Centre. Genetic Laboratory or
Clinic snail be registered ’.inder this Act unless the Appropriate Author«ty is satisfied that such Cen’rc. Laboratory or Clinic is in a position to
provide such facilities, maintain such equipment and standards as may
be prescribed
shall, after holding an inquiry Certificate
19. (/) The Approonatc Authoiily
aoplicant
has complied with all the of regis
and after satisfying itself that the
rules
made
thereunder and having tration.
requ’rements of this Act and the
a
regard to the advice of the Advisory Committee in this behalf, grant
separately
to
certificate of registration in the uie-:cribed form jointly or
Clinic,
tiie Genetic Counselling Centre. Genetic Laboratory or Genetic
as the case may be.
opportunity of being
(2) IT. after the inquiry and after giving an
advice
of the Advisory
heard to the applicant and hnvinu regard to the
that
the
applicant has
Committee the ADoroor’ate Authorrty .is shushed
of this Act or the rules.
rules, iFshalb
it shall,
not complied with the retirements ol;ipp)ication for regisfor regisfor reasons to be recorded'
recorded in
m writing,
writing, reject
rewet the
me application
.iff
♦ration.
10
THE GAZETTE OI- INDIA EXTRAORDINARY
(Paht n—
(3) Every certificate of registration sitall be renewed in such manner
and after such period and on payment of such fees as may be prescribed.
(4) The certificate of registration shall be displayed by the registered
Genetic Counselling Centte. Genetic Laboratory or Genetic Clinic in a
conspicuous place at its place of business.
Cancella
tion or
'irnension o:
regutreuon.
2U. (1) The Appropriate Authoritv may ■suo inoio, or on complaint,
issue J notice to the Genetic Counselling Ccntie, Genetic Laboratory or
Gene;..' Ch: nr io snow cause wny its registration
should not be suspended or cancelled for the reasons mentioned in the notice.
(2) If. after giving a reasonable opportunity of being heard to the
Genetic Counselling Centre. Genetic Laboratory’ or Genetic Clinic and
naving regard to the advice of the Advisory Committee, the Appropriate
Autnority is satisfied that there has been a breach of the provisions of
tnis Act or me rules, it may. without prejudice to any’ criminal action
that it may take against sucn Centre. Laboratory’ or Clinic, suspend its
registration fur ^uch period as it may think fit or cancel its registration,
as the cate may be.
id.) Nuialuiitjiidjiy jnvihiHg
contained
hi
sub-sections (1) and
Hl
■-/. u lite Appropriate Authorin. is. of the opinion that it is necessary
or exoeoient so to do in the public mtcicst. it may. for reasons to be
recorded in writing, suspend the registration of anv Genetic Counseling
Centre. Genetic Laboratory or Gcnelic Clinic without issuing any such
notice reierreu to m sub-stciion (1 ).
Appeal
21 The Genetic Counselling Centre. Genetic Laboratory or Genetic
Cumc mav within mir*> ua'.s from the date of receipt of the order of
sujocnsion or cancellation of reg’Str'tion passed by the
Appropriate
Authority anuor section 20 prefer an appeal against such order to—
<: l
orerr '
!i*e Ccntijl
te (
orucj
*• u i e
against
the
••vherr the appeal is against
•X u t r o r 11 y,
the
■ .ernmen:. wnere the appeal is
.croariute Authority; arm
:r.o Central
-1 • ■ n r • ’
-.3. -
A
ir. tnc prrscribea manner
CHAPTER VII
O>rtSTL_» AND PtNALTlLS
PfohHunon
of auvernsemcni
rciannc <o
rrr-miitil
Ucicriniiio
lion of sex
jnd nunijhmcm lor
contri^en••or
22. (]) N.. lulsuit v; rm.
•
Gcneuc Counselling Centre, Genetic
Lu bora io >• or G
"•a., issue or cause to be issued any adverIcemen: ir an*. m.'.i iM ’ ■ ■■
Hnliiics of pre-nnml dclomiinnlion
nf s..v
H.l,,
: s u cj
•
..iiMirninry, Clinic or any other place.
12)
i ' r sn •
• ir.-
r.VI
fzedu-eCnjr.se: i
rlzcc
•.
It IT .
‘c
C.
LuelieilC
nah publish or distribute or cause to
• .nertiscrnent in any manner regarding
''
('‘ sex
available at any Genetic
Lanoramrv;- Genetic Clinic "or’any other
Fjec. 1]
THE GAZE! IE OF INDIA EX I R.WRD1NARY
II
(3) Any person who contravenes the provisions of sub-section (1) or
sub-section (2) shall be punishable with imprisonincnt for a term which
may extend to three years and with fine which may extend to ten thousand
rupees. •
5
Explanation.—For the purposes of this section, “advertisement” inclu
des any notice, circular, label wrapper or other document and
also in
cludes any visible representation made by means of any light, sound,
smoke or gas.
23. (1) Any medical geneticist, gynaecologist, registered medical prac
titioner or any person who owns a Genetic Counselling Centre, a Genetic
Laboratory or a Genetic Clinic or is employed in such a Centre, labora
tory 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 wh’ch may extend
to ten thousand rupees and on any subsequent conviction, with imprison
ment which may extend to five years and with fine which mav extend to
fifty thousand rupees.
OfTc'^i
and
pcnol.ies.
(2) The name of the registered medical nraciitiono r who
has been
convicted by the court under sub-section (1), shall be reported by
the
Appropriate Authority to tho respective State Mod'cal 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 Councclling Centre.
Genetic Laboratory or Genetic Clinic or of a medical geneticist, gynaeco
logist or registered medical practitioner for cond”ctinn nrr-natal diagnostic
technioues on any pregnant woman (including such woman unless she wag
compelled to undergo such diagnostic techniques) for pumoses o’her than
those specified in clause (?) of section 4. sMl].
punishable with impri
sonment for a term which mnv extend tn thro*-'
nr»d with finowhirh
mav extend to ten thousand rupees and on any sub’equent conviction with
imprisonment which may extend to five years and with fine which may
extend to fifty thousand rupees.
1 of 1872.
24. Notwithstanding anything in the Indian evidence Act, 1072. the
court shall presumo unless the contrary is proved that the pregnant
undergo
woman has been compelled by her husband or the relative to
pre-natal diagnotic technique and such perron shall be linulc for tidel
and shall be punishment of offence under sub-section (?) of section
able for the offence specified under that section.
I
!
I
PrcuunplioH in tho
c*se of
coinluct of
pre-natal
diagnostic
techniques.
25. Whoever contravenes any of the provisions of this Act nr any
Prnnlty
pro- k».- C’MiU4rules made thcro’indor. for which no penally b "'' ’ cc’n (,: ,jwhere
vcnliou of
:* iterm
vided in this Act. shall be punishable with cn?'’ ■••.rTHCJU for
I lie pruvito
which may extend in three months o: with finv. whit’li may extendI
kions of tho
contra- Act or rule*
one thousand rupees or with both and in the ca-c oT coniintiing
^for which
vention with an additionaVfine which may ext pt?'.1 tn jvc -hundred rupeesi—-t,
lo ipccihO
eh
contravention
r~
’
nt
:
nv?s»
after
conviction
for even* day during which sue.
punishment
for the first such contravention..
is provided-
00
12
Offences
by. com
panies.
T1IE GAZETTE OP INDIA FNTRAORD1NARY
(Pamt B—
26. (1) Where any offence, punishable under this Act has been com
mitted by a company, eveiy person who. at die hmc
the offence .was
committed was in charge of. and Avas iest*onsible to. the company for the
conduct of the business of die comp-mv. a- v-’l ns the company, shall l>c
deemed io be guiltv of the offence and shall be Hable io be proceeded
against and pumsned accordingly:
Provided that nothing contained in this sub-section shall render any
suer, person liable io nnv punishment if h^ proves that the offence was
commuted without )’•« knowlcduc nr thn* h»- hud exercised .ill due ’liliger.ee to prevent the commission of such offence.
(2) Notwithstanding anything con-nined in sub-section (/). where
any offence punishable under this Act has been committed bv a company*
and it is proved that the offence has been committed with the consent
or connjvance or. or is attributable to nnv neglect on the part
of. anv
director, mananer. secretary or other officer of the companv. 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.
Erolana.'inn. — r cr the purposes of ibis section.—
(c) corr.panv ' mean’: nnv bod-- rrrpcr.nte and includes a firm or
other association of individuals, and
' b) “director’’, in relation to a firm, means a partner in the firm.
CHencc to
be cogmznoie. noDbauabie
tau noncompouodcc t.
Cocmmccc
o: odcncc-..
27. E\cr. oilcncc t'ndcr
nor.-ccmrxjuncchlc
tin
An
H II Ik* cnrnizrihlc. non-b.iihble and
28 (.’) ,.n m««-« <-baP rnkr --^ma^anr^ of ,-n of’cncc under this
excent or a comoiamt made bv—
Act
(a) the Anpr^pnate Aufhnri’v ('onmrnec. nr nnv officer nuthorisen in th*r» behalf
‘hr Cm’ra! Government or StrHc Government,
ns th** case mnv be. or !nr .Anrrnpriatn Authority; or
fbl a rerson who ha«; •••vr‘n nni-ro
not tP<K than ihirty
dnyR
thirty
in the manner prescribed m ihr
Annmorhntr Autborifv.
o
off ibr
aliened ofTcncc and nf h:«; -n’eminn to n-^n’t e a complaint to the court.
^zm/ann^nr.—For tbo ^urnorp. nr rh**s rhnusc. ’'nerrnn*' includes a
•’ocia] orrnrusa’*nn
(2) N’n court nrher thnn »h^ » nf -> Vrimno’-’inn Vnnttnlr nr a Judk
rial ?*ams:rrte of rbo Grst r’-^K cSpii tr». nnv
nnn’shnblc
nndrr
»b:s Act
Wborr* p
*Yinr’r
Mnrrr (•lnt!cn
of
mhseevon t’' -no rni,r. ~,nv
(’rnnr,nd kv curK r»rr*nn dirrrt the Anpim.
1
r»nn»e A’jfhnrw tn mn’<n nvrv’ab’c
nr the rclcvanr icrords in
its
po«r»sinr in <-urr» ,
Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
13
CHAPTER VIII
Miscellaneous
all
29. (/) AU records, charts, forms, reports, consent letters and
other documents required to be maintained under this Act and (he rules
shall be preserved for a period of two years or for such period as may bo
prescribed:
I
Mainte
nance of
records.
Provided that, if any
criminal or other proceedings arc
instituted
against any Genetic Counselling Centre,
Genetic Laboratory
or Genetic
Clinic, the records and all other documents of such Centre, Laboratory of
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 autho
rised by the Appropriate Authority in this behalf.
30. (Z) 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
dr any officer authorised thereof in this behalf may. subject to such rules
as may be prescribed, enter and search at nil 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 Autho
rity or officer has reason to believe that it may furnish evidence of the
commission of an office punishable under tliis Act.
2 of 1974.
Power to
search and
seize records,
etc.
r
I
(2) The provisions of the Code of Criminal Procedure. 1973
rchtmp
to searches and seizures shall, so far as may be. apply lo every search oi
seizure made under this Act.
against
legal nriKccding shall lie
31. No suit. prosecution or other
the Central or the State Government or the Appropriate Authority or any
officer authorised by the Central or Slate Govcmmeni or by the Authority
for anything which is in gcxxl faith done or intended lo be done in pursu
ance of the provisions of this Act.
Protection
of action
taken in
good faith.
22. (1) The Central Government may make rules for carrying out the
provisions of this Act.
Power to
make rule*.
(2) In particular and without prejudice, to the generality ol the fore
going power, such rules may provide for—
(i) the minimum qualificmions for persons employed al a regis
tered Genetic Counselling Centro. Genetic
Laboratory or Genetic
Clinic under clause (1) of section 3;
f/7) the form in which consent of a pregnant woman has to be
obtained under section 5:
(nf) the procedure to be followed "by^the-members-of-the—(Amtral
Supervisory Board in (he discharge of their functions under sub
section (4) of section 8;
1
THE GAZKTTE OF INDIA EXTRAORDINARY
14
(tv) allowances for members other than c.v o[Jicin
admissible under sub-section (5) of section 9;
(Pawt n—
members
(v) the period intervening l»rl\vren
Ix'iwrrn nny two mrrthips «»f I hr
Adviboiy Coininillcc midci the pitnisu to sub scvlton (/*) of scclnui 17,
(vZ) 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;
(uii) the form and manner in which an
application shall be
made for registration and the fee payable thereof under sub-section
f?) of section 18;
(viii) the facilities to be provided, equipment and other standaxds to be maintained by the Genetic Counsclline Centre. Genetic
Laboratory or Genetic Clinic under rub-section (5) of section 18:
(tx) the. form in which a certificate of registration
issued under sub-section (/) of section 19;
sitall be
periinl after which :» certificate
(.r) the manner in which and the
.
------- > shall be rented and the fee payable for n>ch renewal
of registration
(3) of section 19.
under sub-section
s---------
be preferred under
(x/) the manner •.n which an appeal may
section 21;
m which r'Tord*. charts- etc., shall Ik pre(x/ii the period up
served under sub-section (n iif section 29:
the manner in which the seizure of documents, records,
in which seizure bst shall
objects, etc shall be mmle nod the manner
from whose custodv such
delivered
tn
the
n'-r^nn
be pren’red and
seized under sub-section (1) of
document^ record^ o' “biects v ere ’•----(XI u >
section 30.
required to be. or may bc« pres*
( in i anv other mailer that p
cribcd.
Power
to maxe
rejruitUOT*.
sanction of the Central Gov33 The Board mav with the previous
make rrcnlntions not
emment. bv notification «n th'- OfTirinl Gazette,
and the rules made thereinconsistent uath the provisions of this Act
under to provide for—
of the Board nnd the
(a> the time and piner of the meetings
for
the
transaction
of business at such
• procedure to he Ioli<*w»-J
members
which
shall
form the quorum
meetings and the numi*-’ •'?
under sut>scction (J I (»f sretH’n 9;
be temporarily associat( b \ the planner •• , lUwcl' .1 person m iv
»tin-M-eHon ,n ”f VC"°n
lhv Bond ..
cd with
|..vn’mcn’ thr tmdmnns of service nnd
< r i inr mvh’*d • •'
officer a»d other employees
the Tales »’f pnv nnd ii.nm onevs nf the
of the Board appointedI under section 12;-------- —____
(Ji gencralb (»•’ “h
rib. K-nt conduct of the nfTnirs of tho Board.
r
Sec. 1|
15
THE GAZlzfit OF INDIA EXTRAORDINARY
34. Every rule and every regulation made under this Act shall be laid,
as soon as may ue alter it is made, before each House of Pariiamenu
while it is in session, for a total period of*thirty days which may be com
prised in one session or in two or more successive sessions, and jf, before
the expiry of tho session immediately foiiowing the session or the succes
sive 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, me rule or regulation shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, how
ever, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule or regulation.
J
K. L. MQHANPURIA,
Rule* and
refidaItons to
bo laid
beforo
Parlia
ment.
f
1
Secy, to the Govt, of India.
I
i
|
I
I
I
i
PRINTED DY THB MANKCUU GOVERNMENr UF INDIA PRESS. MINK) ROAD
KND rUOUSIXD BY TILE CONTROLLED OF PUBLICATIONS, DELHI,
NEW
1994.
DLUIl
ft- 71
DRAFT
GOVERNMENT OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE
DEPARTMENT OF FAMILY WELFARE
Proposed Amendments in PNDT Aet 1994
1.
TITLE
Existing Title:
The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act.
1994.
Suggested Title:
"The Sex Selection and Pre-Natal Diagnostic Techniques (Prohibition and
Regulation) Act, 2002''
LONG TITLE (PREAMBLE)
Existing Long Title :
An Act to provide for regulation of the use of pre-natal diagnostic
techniques for the purpose of detecting genetic or metabolic disorders, chromosomal
abnormalities or certain congenital malformations or sex-linked disorders and for the
prevention of misuse of such techniques for the purpose of prenatal sex determination
leading female foeticide and for matters connected therewith or incidental thereto.
Suggested Long T itle:
An Act to provide for prohibition of sex selection, before or after conception,
and for regulation of and pre-natal diagnostic techniques for the purposes of detecting
genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain
congenital malformations or sex linked disorders and for the prevention of their
misuse for sex determination leading to female foeticide and for matters connected
therewith or incidental thereto.
e> L-
CHAPTER 1
PRELIMINARY
3.
Add the following to sub-section (b) of section 2:“or State/UT Supervisory Board constituted under Section 16 A
4. Add the following explanation below sub-section (d) of Section 2:-
“ Explanation - Any place, including a vehicle, where ultrasound
machine/imaging machine (capable of determining sex offoetus) or any other
equipment including portable equipment which has the potential for detection
of sex during pregnancy or selection of sex before conception, is used shall fall
within the above definition of Genetic Clinic. "
5. Add the following explanation below sub-section (e) of Section 2:-
''Explanation - Any place, where ultrasound machine/imaging machine
(capable of determining sex of foetus) or any other equipment including a
portable equipment which has the potential for detection of sex during
pregnancy or selection of sex before conception, is used shall fall within the
above definition of Genetic Laboratory. n
Substitute Sub Section (g) of Section 2 with the following: -
6.
"medical geneticist** includes a person who possesses a degree or diploma in
genetic science in the fields of sex selection and pre-natal diagnostic techniques
or has experience of not less than two years in any of these fields after obtaining (i) any one of the medical qualifications recognized under the Indian Medical
Council Act. 195o: or
(ii) a post gradual? degree in biological sciences”;
1
7.
I
Substitute sub-section (i) of sub-section (2) with the following:-
“(i) “pre-natal diagnostic procedures” means all gynaecological or obstetrical or
medical procedures such as ultrasonography, foetoscopy, taking or removing
samples of amniotic fluid, chorionic willi, embryo, blood or any other tissue or
fluid of a men, or of a woman before or after conception, for being sent to a
Genetic Laboratory or Genetic Clinic for conducting any type of analysis or pre
natal diagnostic tests for selection of sex before or after conception;”
Add to the definitions, the following
2
In sub-section (1<) of section 2 add "orfluid” after the word “any tissue” and "or
conceptus” after the words '‘pregnant woman”.
Add the following definition
8.
(o) “Sonologist/Iwaging Specialist” means a person who possesses any one of
the medical qua’ifications recognised under the Indian Medical Council Act
1956 or who possesses a post graduate qualification in ultrasonography/
imaging techniques/radiology.
Add the following definitions
' 9.
(p) “Sex selection ”
includes any procedure, technique, test or administration or prescription or
provision oj anything for the purpose of ensuring or increasing the
probability that an embryo will be of a particular sex.
(q)
(r)
(s)
“Embryo ”
means a developing human organism after fertilization till the end of eight
weeks (56 days).
“Foetus ”
means a human organism during the period of its development beginning
on the 571' day following fertilization or creation (excluding any time in
which its development has been suspended) and ending at birth.
“Conceptus”
The product of conception at any stage of development from fertilization
until birth including extra embryonic membranes as well as the embryo, or
foetus.
CHAPTER II
REGULATION OF GENETIC COUNSELING CENTRES. GENETIC
L \F.ORATORIES AND GENETIC CLINICS.
10.
Amendment of section 3:
Existing sub-section (2)
(2)
no genetic counseling center, genetic laboratory or genetic clinic shall employ or
cause to be employed any person who does not possess the prescribed
qualifications
i
Suggested sub-section (2)
(2) no genetic counseling center, genetic laboratory or genetic clinic shall employ or
cause to be employed or take services of any person whether on honorary basis
or on payment who does not possess the prescribed qualifications:
Justification: Unuualificd person should not be employed by the centre/ clinic/
la bora ton'.
Add: Following explanation may be added after sub-section (3) of Section 3 of
the Act.:-
“Explanation - Any person/body/institution, by whatever name called, using
ultrasound machines/imaging machine/scanner or other equipment capable
of detecting sex of foetus of a pregnant woman or capable of selection of sex
before or after conception shall be treated as a genetic clinic and shall be
registered as such clinic under this Section'”
11. Add the following chapter: CHAPTER II A
PROHIBITION OF SEX SELECTION
“3 A. No person, including a specialist or a team of specialists in the field of
infertility, shall conduct or cause to be conducted or aid in conducting by
himself/themselves or by any other person, a sex selection technique on a
woman or a man or on both or on any tissue, embryo, conceptus, fluid or
gametes derived from either or both of them”
Justification: Include prohibition of pre-conception sex selection
Ref: SC order, ref to emerging technologies.
CHAPTER III
REGULATION OF PRENATAL DIAGNOSTIC TECHNIQUES
12.
Amendment of Section 4:
Existing Sub-Section (3)
(3) no prenatal diagnostic techniques shall be used or conducted unless the person
qualified to do so is satisfied that any of the following conditions are fulfilled
namely:
age of the pregnant woman is above 35 years.
( i)
the pregnant woman has undergone of two or more spontaneous
(ii)
abortions or foetal loss;
4
(iii)
the picgnant woman had been exposed to potentially teratogenic
agents such as drugs, radiation, infection or chemicals:
the pregnant woman has a family history of mental retardation or
physical deformities such as spasticity or any other genetic disease:
any other condition as may be specified by the Central Supervisory
Board.
(iv)
(v)
Suggested Sub-Section (3)
(3) no prenatal diagnostic techniques shall be used or conducted unless the person
qualified to do so is satisfied for reasons to be recorded in writing that any of
the following conditions are fulfilled namely:
( i) ‘
(ii)
(iii)
(iv)
(v)
ag * of the pregnant woman is above 35 years.
:hc pregnant woman has undergone of two or more spontaneous
abortions or foetal loss:
the pregnant woman had been exposed to potentially teratogenic
agents such as drugs, radiation, infection or chemicals;
the pregnant woman or her spouse has a family history of mental
retardation or physical deformities such as spasticity or any other
ge letic disease:
am other condition as may be specified by the Central Supervisory
Board.
Add: The following proviso may be added below Section 4(3):’‘Provided that the person conducting ultrasonography on a pregnant woman
shall keep complete record thereof in the clinic in prescribed manner and
any deficiency or inaccuracy found therein shall amount to deliberate
contravention of the provisions of Sections 5 and 6 punishable under Section
23 unless contrary thereto is proved by the person conducting
ultrasonography.”
13.
Existing Sub Section (4)
(4) no person being a relative or husband of the pregnant woman shall seek or
encourage the conduct of any pre-natal diagnostic techniques on her except for the
purpose specified in the clause (2).
Suggested Sub Section (4)
(4) no person including a relative or husband of the pregnant woman shall seek or
encourage the conduct of any pre-natal diagnostic techniques on her except for the
purpose specified in the clause (2).
Justification: to include people other than husband or relative
5
$
14.
Add: 4(5) no person, including a relative or the husband of a woman shall seek
or encourage the conduct of any sex selection technique on her, of him or both.
Justification: Including pre-conception sex selection
15.
Amendment of Section 5
Prohibition on communicating the sex of foetus:
Existing Sub Section (2)
(2) No person conducting prenatal diagnostic procedures shall communicate to the
pregnant woman concerned or her relatives the sex of the foetus by words, signs,
or in anv other manner.
Suggested Sub Section (2)
(2) No person including the person conducting prenatal diagnostic procedures
shall communicate to the pregnant woman concerned or her relatives or unv other
person the sex of the foetus by words, signs, or in any other manner.
Justification: Violation of law often takes place through the agent of gynecologist/
sonologist, rather than the specialist himself / herself.
16.
Add sub-section (3) to section 5:
[the proposed addition of sub-section (3) to Section 5 has been dropped in view of
Ministry of Law's suggestion - para No. 2(v)]
17.
Amendment of Section 6
Add clause (c)
"(c) No person sholl, by whatever means, cause or allow to be caused selection of
sex before or after conception. "
Justification: To include pre-conception sex selection.
17A
Amendment of Section 7
The existing Section 7(2)(c) may be substituted as under:
(c) three members to be appointed by the Central Government to represent
the Ministries of Central Government in charge of Women and Child
6
Development, I.aw and Justice and Indhin System of Medicine and
Homeopathy, ex-officio;”
The existing section 7(2)(e)(ii) may be substituted as under:
“(ii) eminent gynaecologist and obstetricians/experts of Stri Roga/Prasuti
Tantra;”
CHAPTER IV
CENTRAL SUPERVISORY BOARD
DISQUALi: ICATION FOR APPOINTMENT AS MEMBERS:
18.
Amendment of Section 14 (f)
Existing clause (f)
(f) Has. in the opinion of the Central Government, been associated with the use
or promotion nf pre-natal diagnostic technique for determination of sex.
Suggested Clause (f)
(f) Has. in the opinion of the Central Government, been associated with the use or
promotion of pre-natal’diagnostic technique for determination of sex or of any sex
selection techniq.ie.
Justification: Inch sion of sex selection technique.
19.
Add the following proviso below section 15:-
‘ Provided that no member other than ex-officio members shall serve the
board for more than two full terms”
20.
Amendment of Section 16
Existing Clause
16(i) To advise the government on policy matters relating to use of prenatal
diagnostic techniques,
Suggested Clause
16(i) To advise the government on policy matters relating to use of prenatal
diagnostic techniques, sex selection techniques and their misuse.
7
21.
Existing clause
16(ii) to review implementation of the Act and rules made thereunder and
recommend changes in the said Act and rules to the Central Government.
Suggested Clause
16(ii) to review and monitor implementation of the Act and rules made
thereunder and recommend changes in the said Act and rules to the Central
Government.
Justification: To implement the direction of the Supreme Court
22.
Existing clause
16(iii) To create public awareness against the practice of prenatal determination
of sex and female foeticide.
Suggested Clause
16(iii) To create public awareness against the practice of sex selection_and
prenatal determination of sex leading io female foeticide.
Justification:
23.
A'.oid antiabortion terminology
Aod pre-conception sex selection
Add the following sub-section (v) to section 16:-
“(v) To oversee the performance of various bodies constituted under this
Act and take appropriate steps to ensure its proper and effective
implementation’'
Re-number the existing sub-section (v) as sub-section (vi) in section 16.
24.
Add :
CHAPTER IV-A
“CHAPTER IV-A
Add Section 16A:
“J6-A.
(1)
Government of each State/UT with legislature shall constitute a Board
known as the State/UT Supervisory Board which shall have the
following functions in respect of the areas falling under the State/UT :
(i)
to create public awareness against the practice of pre-conception
sex selection and prenatal determination of sex offoetus leading
to female foeticide in the concerned State/UT;
8
(»)
to review the activities of the Apjfropriate Authorities functioning
in the State and take appropriate action against the Appropriate
Authorities, as provided in their conduct rules, in case of
dereliction of duty;
to monitor and review implementation of the provision of the Act
and Rides in the State/UT; and
to send consolidated reports as may be required under the rules,
in respect of the various activities under this Act to the Central
Supervisory Board and the Central Government.
Any otherfunctions as may be specified in the Act.
(2)
The State/UT Supervisory Board shall consist of
(ii)
(Hi)
(iv)
(a)
(h)
(c)
(d
(e)
(J)
(h)
(2)
The Minister incharge of Health/Family Welfare in the
State who shall be the Chairman, ex-officio
Secretary incharge of Department of Health/Family
Welfare who shall be the Vice-Chairman, ex-officio
Secretaries/Commissioners in-charge of Departments of
Women and Child Development, Social Welfare, Law and
Indian System of Medicines and Homeopathy(ISM&H),
ex-officio or their representatives
Director of Health and Family Welfare/ISM&H of the
State Government, ex-officio
Three women members of Legislative Assembly
Ten members to be appointed by the State/UT
Government two each from amongst:eminent social scientists including legal expert
(i)
eminent women activists/NGOs
(H)
(Hi)
eminent gynaecologian & Obstetricians/ Stri
Roga/Prasuti Tantra
(iv)
eminent pediatrician
eminent radiologists/sonologist
An officer not below the rank of Joint Director incharge
of Family Welfare yvill be Member Secretary, ex-officio
The Board shall meet at least once in four months.
The terms of office of a member, other than an ex-officio
(4)
member, shall be three years.
If a vacancy occurs in the office of any non-ex-officio member, it
(5)
shall be filled by makingfresh appointment.
(6)
If an MLA/MLC who is a member of the State/UT Supervisory
Board becomes Minister or Speaker/Deputy Speaker of the Legislative
9
I
1
Assembly or Chairperson/Deputy Chairperson of the Legislative
Council, she shall ceased to be a member of the Board.
(7)
I
(8)
One-third of the total number of members of the Board shall
constitute the quorum.
The Board may co-opt member as and when required, provided
that the number of co-opted members does not exceed one third
of the total strength of the Board. The co-opted members shall
have the same powers and functions as other members, except
the right to vote and shall abide by the same rules and
regulations as others.
In matters not specified in section 16 A, the board shall follow
procedures and conditions as applicable to the Central
Supervisory Board.
Justifiesi> n:
A Supervisory Board is considered necessary at the
State/UT level to review and monitor the activities of the Appropriate
Authorities and to ensure that quarterly reports/returns are filed to the
Central Supervisory Board correctly and timely.
CHAPTER V
APPROPRIATE AUTHORITY AND ADVISORY COMMITTEE
25.
Amendment of Section 17
■
Existing Section 17(3)
I
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17(3): The officers appointed as appropriate authorities under sub-section (1) or
sub section (2) shall:
(a)
when appointed for the whole of the State or the Union Territory of or
above the rank of Joint Director of Health and Family Welfare, and
Suggested Section 17(3)
17(3): The officers appointed as appropriate authorities under sub-section (1) or
sub section (2) shall:
(a)
when appointed for the whole of the State or the Union Territory consist
of the following three members rt'// officer of or above the rank of the Joint Director of Health
0)
and Family Welfare when appointed for the whole of the State
or Union Territory or an officer not below the rank of Civil
Surgeon/District Health Officer (when appointed for a part of
State or UT - Chairperson;
10
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(H)
(Hi)
an eminent woman representing ^omen fs organization; and
an officer of Law Department of State/UT concerned.
Provided that it shall be the duty of the Government of the
State/UT concerned to constitute the multi-member State/UT
level Appropriate Authority within three months of coming
into force of the amended provisions of this Act and that
vacancies occurring therein shall be filled within three months
of occurrence thereof.”
Justification: to make it more efficient with the support of women member and a
legal expert
26.
Add the following clauses to sub-section (4) of section 17:
(e)
(f)
(b)
(i)
to take appropriate legal action against the use of sex selection
techniques by any person at any place, brought to its attention or suo
moto and also to initiate independent investigations in such matters,
to create public awareness against the practice of sex selection or pre
natal determination of sex
to supervise the implementation of the provision of the Act and Rules,
to recommend to the Central Supervisory Board and State Supervisory
Board modifications required in
the Act or Rules in accordance
with changes in technology or social conditions,
to take action on the recommendations of the Advisory Committee on
the complaint received and investigated by the Advisory Committee, ”
Justification:
27.
I) Define functions clearly.
11; Include pre-conception sex selection.
Add: Section 17A - Powers of Appropriate Authorities:
/ 7-A. The Appropriate Authority shall have the same powers as are vested in a
civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a
suit in respect of the following matters, namely:
(b)
(c)
(d)
(e)
(f)
The summoning and enforcing attendance of any person and
examining him on oath or on solemn affirmation;
The discovery and production of any document or material object
producable as evidence;
The reception of evidence on affidavits;
Issuing of any commission for the examination of any witness;
Issuing search warrantfor any place suspected to be indulging in
sex selection techniques or pre-natal sex determination; and
Any other matter which may be prescribed.
11
Justification: without these powers, appropriate authority will not be able to
discharge its funclions.
28.
Add: Sub-Section 17(6B) -
[the proposed addition of Section 17(6B) has been dropped in view of Ministry of
Law’s suggestion - para No. 2(viii)]
29.
Existing Section 17(7)
17(7) No person, who in the opinion of the Central Government or the state
government, as the case may be, has been associated with the use or promotion of
prenatal diagnostic techniques for determination of sex shall be appointed as a
member of the Advisory Committee.
Suggested Section 17(7)
17(7) No person, who in the opinion of the Central Government or the state
government, as the case may be. has been associated with the use or promotion of
prenatal diagnostic techniques for determination of sex or sex selection shall be
appointed as a member of the Advisory Committee.
Justification - include pre-conception sex selection.
CHAPTER VI
REGISTRATION OF GENETIC COUNSELING CENTRES, GENETIC
LABORATORIES AND GENETIC CLINICS
30.
Amendment of Section 18(1)
Existing Section 18(1)
18(1) No person shall open any Genetic Counselling Centre, Genetic Laboratory
or genetic clinics after the commencement of this Act unless such. Centre.
Laboratory or Clinic is duly registered separately or jointly under this Act.
Suggested Section 18(1)
18(1) No person shall open or render services to any Genetic Counselling
Centre, Genetic Laboratory or Genetic Clinic, including clinic, laboratory or
centre having ultrasound /imaging machine/ any other technology capable of
undertaking determination of sex of foetus and sex selection, after the
12
commencement of this Act unless such Centra. Laboratory or Clinic is duly
registered separalely or jointly under this Act.
Justification: Registration of ultrasound machines which have the potential of
determining sex of the foetus.
CHAPTER VII
OFFENCES AND PENALTIES
31.
Amendment of Section 22
Existing Section 22(1)
22.(1): No person, organization, genetic counseling centre, genetic laboratory or
genetic clinic shad 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.
Suggested Section 22(1)
22.(1): No person, organization, genetic counseling centre, genetic laboratory
or genetic clinic, including clinic, laboratory or centre having ultrasound
machine or any other technologies capable of undertaking determination of sex
offoetus or sex selection shall issue or cause to be issued, publish or cause to
be published any advertisement in any form including Internet regarding
facilities of pre-natal determination of sex or sex selection before conception
available at such centre, laboratory, clinic or at any other place.
Justification: To include ultrasound machines and pre-conception sex selection
and advertisement thereof on Internet.
32.
Add Section 22(1 A):
[the proposed ad lition of Sections 22(1 A) and 22(2A) have been dropped and
sub-sections (I) and (2) of Section 22 modified in view of Ministry of Law’s
suggestion - para No.2(ix)J
33.
Existing Section 22(2)
22(2): No person or organization shall publish or distribute or cause to be
published or distribute any advertisement in any manner regarding facilities of
pre-natal determination of sex available at any genetic counseling centre, genetic
laboratory, genetic clinic or any other place.
13
Suggested Section 22(2)
22(2): No person or organization including genetic counseling centre, genetic
laboratory or genetic clinic shall issue, publish, distribute or communicate or
cause to be issued, published, distributed or communicated any
advertisement in any manner regarding pre-natal determination/preconception selection of sex by any means scientific or otherwise.
34.
Explanation below Section 22(3) may be modified as under:
Explanation.- l;o. the purpose of this section ’advertisement' includes any notice,
circular, label, wrapper or any other document including through Internet or
any other media in electronic or print format and also includes any visible
representation made by means of any hoarding, wall painting, signal, light,
sound, smoke or gas.
35.
Add Section 22(4 >:
[the proposed addition of Section 22(4) has been dropped in view of Ministry of
Law's suggestion - para No. 2(x)J
36.
Amendment of Sub Section 23(2)
Existing Sub Sec Jon 23(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.
Suggested Sub Section 23(2)
The name of the registered Medical Practitioner, shall be reported by the
Appropriate Authority to the respective State Medical Council for taking
necessary action including suspension of registration till the disposal of the
complaint, if the charges are framed, and for removal of his name from the
register of the Council for a period of five years for the first offence and
permanently for the subsequent offence if convicted.
i
37.
I
Amendment of Section 23(3)
Existing Section 23(3)
I
23(3): Any person who seeks the aid of a genetic counseling centre, genetic
laboratory or genetic clinic or of a medical geneticist, gynecologist or registered
14
medical practitioner for conducting prenatal ’diagnostics techniques on any
pregnant women (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.
Suggested Section 23(3)
23(3) Any person who seeks the aid of any genetic counseling centre, genetic
laboratory, genetic clinic or ultrasound clinic /imaging clinic or of a medical
geneticist, gynecologist, sonologist/ imaging specialist or registered medical
practitioner or any other person for sex selection or for conducting prenatal
diagnostics techniques on any pregnant women (excluding such woman) 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 fifty thousand rupees and on any subsequent conviction with
imprisonment which may extend to five years and with fine which may extend to
one lakh rupees.
38
Amendment of section 24
!
Notwithstanding anything in the Indian Evidence Act. 1872. the court shall
presume unless the contrary is proved that the pregnant women 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.
Suggested Amendment of section 24
Notwithstanding anything in the Indian Evidence Act. 1872, the court shall
presume unless the contrary is proved that the pregnant women has been
compelled by her husband or the relative to undergo pre-natal diagnostic
technique for the purpose other than those specified in sub-section (2) of
Section 4 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.
15
I
I
39.
Amendment of Section 28(1)
Existing Section 28(1)
.1
Cognizance of offence: Sec 28 (1)
No court shall take cognizance of an offence under this, except on a
complaint made by(a) the appropriaic authority concerned, or any office authorized 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.
1
1
i
Explanation: foi the purpose of this clause, “’person” includes a social
organization.
Suggested Section 28(1)
Cognizance of offence: Section 28 (1)
No court shall take cognizance of an offence under this, except on a
complaint made by
a. the appropriate authority concerned, or any officer authorized 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 fifteen 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
organization.
Justification: To curtail delay on the part of Appropriate Authority to file a
complaint in the court.
1
CHAPTER VIII
MISCELLANEOUS
40.
Existing Section 30(1)
Power to search, seize records etc.
30(1) if the appropriate authority has reason to believe that an offence under this
Act has been or is being committed at any genetic counseling centre, genetic
16
laboratory or genetic clinic, such authority or any'officer authorized 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 counseling 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
offend punishable under this Act.
(
Suggested Section 30(1)
Power to search, seize records etc.
30(1) if the appropriate authority has reason to believe that an offence under this
Act has been or is being committed at any genetic counseling centre, genetic
laboratory, genetic clinic or any other place such authority or any officer
authorized therco!' 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 counseling centre, genetic
laboratory, genetic clinic or any other place and examine any record, register,
document, book, pamphlet, advertisement or any other material object found
therein and seize or seal the same if such authority or officer has reason to
believe that it m?y furnish evidence of the commission of an offence punishable
under this Act.
Justification: offence may be committed as places other than.registered clinic /
lab/ centre.
41
I
Add: Following Section may be added after Section 34 of the Act:-
1
“35. For the purpose of avoiding any conflicting interpretations and to make
this Act harmonious, all consequential changes, which have not been
explicitly incorporated, shall be deemed to have been made.”
17
Ii
[
i
Statement of Objects and Reasons:
The prenatal diagnostic techniques like amniocentesis and sonography are
useful for the detection of genetic or chromosomal disorders or congenital
malformations or sex linked disorders etc..However, they are being used on a
large scale to detect the sex of the foetus and to terminate the pregnancy of the
unborn child if found to be female. Techniques are also being developed to pre
select the sex of child before conception. These practices are wholly
discriminatory to the female sex and affect the dignity and status of women. Thev
also contravene the principles of medical ethics. They are violative of Article 14
of the Constitution of India, that guarantees equality before law and equal .
protection of law io woman and also of Article 51A that lays down the duties of
every citizen to renounce practices derogatory to the dignity of women. The
proliferation of these technologies may. in future, precipitate a catastrophe, in the
form of severe imbalance in male-female ratio. The State is also duty bound to
intervene in such matters to uphold the welfare of society, specially of the women
and children. Il is therefore necessary to enact and implement in letter and spirit a
legislation to ban the pre-conception sex selection techniques and the misuse of
pre-natal diagnostic techniques for sex-selective abortions and to provide for the
regulation of the later for the appropriate scientific use for which they are
intended.
Such a law is also needed to uphold medical ethics and initiate the
process of regulation of medical technology in the larger interests of society.
Accordingly, it is proposed to amend the Act with a view to include
emerging technologies such as pre-conception sex selection and ensuring
effective implementation of the Act at all levels.
!
18
>
J
IN THE SUPREME COURT OF INDIA
CiVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) No, 301 of 2000
4
Centre for Enquiry Into Health
And Allied Themes (CEHAT) & Ors.
Versus
)
>
>
. ' Petitioners
Respondents
Union of India & Others
ORDER
It is unfortunate that for one reason or tlie other, tlie practice of female |
infanticide still prevails despite the fact that gentle touch of a daughter and
her voice has soothing effect on the parents. One of tlie reasons may be the
marriage problems faced iby the parents coupled with the dowry demand by
the so-called educated and/or rich persons who are well placed in the
society. The traditional system of female infanticide whereby female baby
was done away with after birth, by poisoning or letting her choke on husk
continues in a different form by taking advantage of advance medical
/
/
/
1
I
7
Unfortu.ut.lv, developed mediod .eien« »
“ »« rid
of a ulri child before birth. Kborving full well that k is. immoral and
unethical as well as it -"ay amount to a., otlence. foetus of a sir! child .s
pounders. •n.is bus
aborted by qualified and unqualified dorters or
- coin
-.unoundem.
affected overall sex ratio io various Stares
where female infanticide is
prevailing without any hindrance.
For controlling the situation, the Parliament in Its wisdom enacted the
)
>
Pre-natal Diagonstie Techniques (Regulation and Preventton
IM. (hereinafter referrtd to a. •hhe PNDT
of Misuse) Act.
ThS.
taer nlta,
the object of the Art is to proved the misuse of such
)
provides that
oohniquos for the purpose of pre-natal sox d«ermin.arion loading fo female
)
feticide and for manors connected therewith ofincidenral thereto. The Art
)
cat*? into force Hom 1* Jtmuury. 1996.
>
*
)
>
j
is apparent that
to a large extent, the PNDT Act is not implemented
by tits entml Government or by the State Governments.
3
□
petitioner, are required to approach this Court under Article 32 of th.,
cor.stltutio.of India. One of rhe petitioners is rhe Cenrre for Enquiry Inro
Health and allied Theses
3
Hence, the
(CEHAT) which is a3 research center cf
3
Anucandhan Trust based in Pun. .nd Mumbai. Second pditioner is Mahil.
Sarvangecn Utlmrsh Mmtdal (MASUhl) ^liiWhild Maharashtra and
the third petitioner'is Dr. Sabir M. OeorgS whS^hfiidrerperience and
technical btwWg. tt th. fi.ld. After filing of thia petition, this Court
•
issued notices to the concerned parties on 9.5^2000. It topk nemiyone year
fcr the various Slates to file their aflUavits in mply/written submisrions.
Prim, fireie it appears
despite "the PNDT A« being enacted by th.
.
Parliament live years back, neither the State Governments nor the Central
Government has taken appropriate actroos fer its implementation, Hence,
after considering the respective submissions made at the firn, of homing of
a
this matter, as suggested by the learned Attorney General for India. M
L Sorabjee following direction. « tamM on thebasi. of various provi.ion.
c
for the proper implementation of the PNDT Act: -
1.
Directions to the Central Government
1.
c
c
The Central Government is directed to'oeate public awarenesr
against the practice of pre-natal asterndhrton of «ex tmd female
Made through appropriate ^programmes in the
electronic media. This shall also be done by Central Supervisor/
c
c
c
c
■
4
Board (“CSB” for .hort) a. providad under Sornon 16(iii) of the
i
PNDT Act.
The Central Govenrrnent is ditected to implement with all v.gor
2.
PNDT Act and the Rules ftmned in 1996. Rule 15
and zeal the
provides that the intervening period between two meetings of the
dtuted under sub-section (5) of
Advisory Comniittees consi
Section
17 of the PNDT Act to
shall not exceed 60 days.
advise the appropriate authority
It would be seen that this Rule is
strictly adhered to.
IL
Directions to the Central SrmervtsorY. Board fCSB}
1.
ill be held at least once in six months. [Re.
Meetings of the CSB wi
Proviso to Section 9(1)] The constitution of the CSB is provided
under Section 7. It empowers
the Central Government to appoint
ten members under Section 7(2Xe)
which includes eminent
medical practitioners including eminent
social scientists and
representatives of women wel&re organizations. We hope that
this power will be exercised so as
to include those persons who
mm genuinely spare some time lor implementation of the Act.
<7
5
2.
4 mon‘tor
lhall re^0* ftn<
The CSD b!
Th®
.A-. •
stirtJT-APP^
pie. Section
3.
station oC *•. **
the itnpl®01011
directions t° 1
itoth;csBgi’tas’rep°rt
CSB sihall
9
Authorities10
arterly return’
furnisl1 qu'
on the implent
■■Act. Ttiow re"1®5
wilidM °£
entation a®*-
-;bOu^ *
.tainspeciifeinfo""**0”
alia coni
fthc Act.
should inter
' in section 3 °
-ificd in
f bodies spoe^ou^etion3of‘heA0t'
o
Survey
-necified
in
sec1
G)
,f bodies specif
in
Registration o
bodies
G’0
.-at non-resister'
■ taivo ot’wK1‘“W1
taken
Action
tnclu51 •
(iii)
3 of the Act,
of section
vioWio11
*
seizure
of records.
Authorities
Complaints
(iv)
^enpn^4'^conducted and
ths Act snti action
Of awareness caropo'S03
fiumbe1, and nntnt®
: hr •’
(v)
■
i
therefromAct keeping in
*0 necessity toant^^
--itered in
^CSSshnUo®®1”
« and difficulties ,enco
result
4.
to the
roind entetei”5 ,wto‘°1
u
topls.nsnftio-^1
Aot
Central O0«n®‘nt'lW
‘■v
Sectional
... > v
I
I
)
6
)
)
)
lf conduct under Motion 16(iv>
a cod© o:
The CSB shall lay down
working in bodies specified
^served by persons
of ih.e Act to be o'
tliat public at large can
therein and to ensure its publication so
5.
)
)
)
j
Imov/ about it.
)
^leai professional bodies/associarions to
The CSB will require
6.
of pre-natal determination
M
areaess apainst tlw praise
crests
demontation of the
,d tolo fetieid. end to o»uro tntp
of sox an*
Act.
3
UL
3
0
Dir ccti
M
1.
All State Govemments/UT
Administrations arc directed to
Mly
appoint
.mpo^
Appropriate
notification.
',i strict levels md «1» Advisory
Authorities nt district and suM*Authority m
,ud
advise the Appropriate
Committees to
For tire
of te functions [Re. Section 17(5)1discharge
. 0 it is hoped litat members of the sat
Advisor’ Committee also, it is n p
'
-ded under section 17(6Xd) should be such
Committee as provide .
.
time for the work assigned t
persons who can devote some
. ;
A
them.
-
o
7
■' ’ ts/UT
ts/LTT Administrations
A11 stat. GovemmsntsArT
A
2.
I
p„bllsh . « of the Appropriat* Autitonue
aectronic media inlts respective StateriJT.
AJ, Start GovrnnmemsATr AdmiuistmUon,
3.
are directed to
public awareness agahtst th. P-dce
of pre-natal
create
through
and
d elemroni. media by bon"1”®’ ’
advertisement m the pnnt an
detennination
of
sex
and other appropriate means.
directed to
Govemments/UT Adminis<r«““M
J.
All State
Authorities furnish
ensure that all
StatcVT ApproP™110
tn the CSB giving
r
a report on the
quarteriy returns
imp.emenUrio»-dWoriringotri«M..,Tl1.
^^^fhodiesspeeiMinsectioulonhe . •
(i)
Registration of bodies specified in secUon 3 ot t
r.en a^nst nrin-re^ ^es operand m
(ii)
(iii) Action
rio'ni j of the Act inclusive of searc i a
iction
j
un
violation of sc*
seizure
(iv)
of records.
, . K ^ved W the . Appropriate Auritonnes
Complaints rcceiv
under the Act and action taken pursuant thereto.
I.
ft
M
?
8
Number and nature of awareness
(v)
campaigns conducted
I
and results flowing therefrom.
i
IV.
,iriate AuthorMcg
Directions to A
1.
directed to take prompt action j
Appropriate Authorities arc
against any person
.•
5
or body who issues or
causes to be issued
iolation of section 22 of the Act.
any advertisement in vi<
directed to take prompt acUon
Appropriate Authorities are
section 3 of the Act as also
against all bodies specified m
against persons who are operating
without a valid certificate
of registration under the Act.
3.
All Staxc/UT Appropriate
quarterly
Authorities wc directed to furnish
I
II
r
tlie
returns to the CSB giving a report on
o
onh. A... n—»
I
inter alia contain specific information about: Survey of bodies specified in section 3 of the Act.
(i)
Ration of bodie. ap^ified «
3 °C
(n)
inciuuius bodies using ultrasound machines.
H
II
II
M
.-v. .•
9
b°d',M op’r*tin8 ”
(ii'O
Action uk«n Bsw“flt no
search <>nd
.■™3 0fthcAc<-ta0'“Sl
violation of scch
seizure of re00"1’-
U,, A^P-W A“‘hOri,i"
lived by
(iv)
Comply ^ea
riuant thereto.
•
taken
pu:
aaderth. Mt ««1 action ta
Namber
M
ness campaigns
. ...
»•“" °£
conducted
1
(v)
Md resafe h°^°ro&<’m’
I
are directed
ion Territories
^vemmentsAJnion and tire State
List the matter on
Tlie CSB
(th July 2001or before 30’
^3 Court on
to report to
I
6.82W1 for
.
.,M n-4n
c.?vy7t.,.
•
a
. , . Uh
N ew DsM'
May 4, ZOOl •
L
‘‘ ’n •’
»J
, .
• • .
.. -/V’.v
...
Si t; r? leMS1'*
***
■
■'
,M ► 4«|
,5 > *1 «***
. J> 'H mi
J.
j.
o', no .j>r€/2opo/sc/pn-c
OUT TODAY
).
MATTER FOR ' y
10.8.2001
•
DATED: 8th August, 2001
\
.
FROM :
TO
.
J U.:.
I Oder Pal
Assistant Reg«strar(PIL.CELLD
Mr. D.S., Mahra, Advocate ;
y • i’ i
IN THE MATTER QF•
.
-.V - •'
.
;;L ■
■v.
WRIT PETITION (CIVIL) NO■
OF 2QQQ
(Under Article 32 of the Constitution of India)
;
■f
•
. . . Pet .i t i oners
Centre for Enquiry into Health and Allied
Themes (CEHAT) & Ors.
■ '
: :)
i
V '■
Versus
••
i . ' Respondents
.
Union of India & Ors.
. •
•• •
•V
Sir,
:
I- ■ '
I
am
to
i nform
you
that
the
Writ
Pet i t ion
.vthe Court
came up.for hear i ng before
■• •
;>.v ■
* ■
on
August, 2001 when the Court was pleased to\pass
the
above-mentioned
6th
■
fol lowing Order:“As per the office Report .dated
2001
vthe
fol lowing
lowing
fol
2nd
August,
States/Un ion Territories have not .filed
speci fio
despite
specific
their
affidavits
d i rect i ons.
Arunachal
Prsdesh,
of
State
Gujarat,
Chhatt
ishgarh,
Assam, Bihar,
Pradesh, Jammu
& < Kashmir,.
H i machaI
Kerala,
Maharashtra,
Mapipur,
Jharkhand,
Mizoram,
Nagaland,
Sikkim,
MeghaIaya,
Nadu,
Tripura,
•
Uttar
Pradesh,
Tamil
Ut taranchaI|t Union Territory of Andaman &_
Njcobar/ JIslands^ Chandigarh, .Qadah
Have
Nagar C
--- Ii and Lakshadweep.
However, learned counsel for some
of the States submit that on or after 2nd
August, 2001 some States have tendered
.-.2/-
€
•;
V
J
2 '
J
<
' <
the i r af f i dav i t. Hence office to prepare
a fresh Report and subm11 to th Is Court
t
on 10th August, 2001.'
In the meanwhile,, learned counsel
appearing for the Union of, India .r. to
prepare
a
chart
stating howl^many
States/Union Territories Have complied
with the directions issued by this Court
and also to state specifically which
directions are not comp I led. with. S For
the time being Registry to supply copies
of the affidavits to' the counsel for
Union of India as we I I as to tho counsel
for the petit ioner.
Adjourned to 10.8.2001.
As per d i reeli ons of the Court v you are requested
to
file forthwith, a chart stating how many States/Union
Terr itor i es
this
Court
have complied with the directions issued
and
a I so
to
state
specifically
d i rec t i ons are not complied with.
-•
■
•
•
Yours faithfully,
4" A
ASSISTANT REGISTRAR
•
,I
?
by
which
i
Court No.
I I i-M NO
SECTION PI IA/N MATTER
H
I
- -t
COURT
OF
SUPREME,
RECORD OF PROCEEDINGS
*
4
Wr 11.
I
N 0 T A
Petition(Civi I ) No.301/2000
Hi
Petitioner ( s )
CEHAT A OHS.
VERSUS
i
UN ! V.)N OF IN^IA AND ORS.
Re’spondent ( s )
I
to submit additional documentfs)
■ wirn App I n(s). tor permission
from
filing
O
.
iJ.<A3X>omptJ
’^v)’1^
mil exemption i
further
directions)
i ror
for hearing today.
This Petition was calied on
<)ate
0
CORAM
?-1 'i
HON’BLE MR. JUSTICE M. 0. SHAH
HON’BLE MR. JUSTICE B.N. AGRAWAL
i-’er 11 ioner ( S 1
ror Respondent (s)
tor' Gujarat State:
r <! i ■ Orissa State:
r o' Jharkhand State:
Rajasthan State:
r^r Kerala State:
Harvana State:
Goa State:
/
r«• r
Attorney General for India (N/P?
Krishan Mahajan.Adv.,
Ms.Sunita Sharma.Adv..
Mr.0.S.Mahra,Adv.
UOI :
t o »■
M*.Indira jaising.Sr.Adv..
Mr.San.jay Par i kh . Adv . ,
Mr.R.R. Chandrachud,Adv.,
Ms.Javna Kothary.Adv.
Karnata State:
i
Pun iah State:
Hac.-.t I and State :
Me.Hemantika wahi,Adv.
Mr.Radha Shyam Jena.Adv.
Mr.Ashok Mathur.Adv . .
Mr.Raiesh Pathak.Adv.
Mr. Javed Mahmud Rao, Adv.-.
Mr.Ranii Thomas,Adv.
Mr.K.R.Sasiprabhu.Adv. ,
Mr.John Mathew.Adv.
Mr.J.P-Dhanda,Adv.,
Mr.K.P. Singh.Adv.
Mr.Bhawam Shankar Gadnis.Adv..
Mr.Shiv Sagar Tiwari.Adv..
Ms . D i vya Suri. Adv
Mr.Saniav R. Hegde,Adv.,
Mr.satva Mitra.Adv.
ms.Javshree Anand.AAG Punjab
Mr.kaieev Sharma.Adv.
Mr c. v . D • Khanna . Adv .
•■If ‘.an iav b- . Shand i Iva. Adv .
Mr
a.v . I^esnriande . Adv .
M/-iimra1r ra St it»M/iuiptjr
StatH.
Mt
r hv/a i r nkpan; Hob in Sinqh.Adv.
Is
(
r c> r
Andhra. Prdesh
i
•■a.Adv. ,
•Ms.T.AnamiKa
prabhaKar.Adv.
State
^•^V'sh'rivastav
- Adv.
• Mr . Ani i
Arunachal jp'-adeed
i or M^halaya^a^ "rr'BT’nL’v;s«.n.V"
viswanat^ho ”'er
I amil Na^u State. Mr.v.Ba
, Adv.
tor
Mr.P.N.
I
State :Mr.Tara Sharma.Adv..
t
Mr. A.iay n Sharma.Adv.
Ms.pee 1’^Aqnihotri.Adv.
am
.
Mr.S.K.
.Sakesh Kumar .Adv.
Pradesh:
Mr
r r Manhva
Singh.Adv.
Mr . B.B.
verma.Adv.
Binar State:
Mr .H-c- pragasam.Adv.
i or
VJ p , State :
Mr.V.G. H
sr1>>astava.Adv. ,
Ms.Rachana Chandra.Adv.
pondicherry•
t or
•urtrancha I *•
Mr.Mahesh
r i-. r
'.Prakash Shnvasta
•
Mr
cnnatisgarh:
Ms.Asha
.ma,Adv. ,
MR. Krishna Sharma,
or
Assam State:
Mr.v.K.Sidharthan.Ad
i.
M/s.cc.rpo ^sS.Adv.,
ui
MS. Karnir^
RAkehi .Adv. .
Ms.Shomila ^^h;dv.
-•AX"vs-n::^v..
cnaiiai 9arh:
Mr5'.'/ '
Singh. Adv.
Mr.GOP'
sharmaiAdv.
Mr,N'lre?n Mathur ,Adv. ,
•, r •. pur a State:
h i machaI
Pradesh:
; -j r r i ni State :
.
J 5. K State:
hU ei- venor :
Me, Reema
............. ...................
• ,eora^ - -
UPON hear 1nq
SOW Of . tW | States
Heard the
c.ounse I
Learned
submit
that
I
3 ?
for
ppearing f°r
affidav
necessary
Ied within
would be fi
a
report
compTianc
iii aVongwith
we^ks from.t'odav.
a period of three
counsel
the
aPP*0^9
for the
learned
a I S'*1
GovernmejxJj^
I
centra
states that
the
I nd i a
imp lamentation or
of
union
steps for the
concrete
Monitoring
tato
decided to
Inspection and
NationaI
to setaested
and sua
Act
of the Act*
(
1
niplenr
nT
'
at1
°
n
the
(
c, a mini ttee for
.
i2.?ddi
•
to
Mr .
Maha.) an.
/A1-
Stand c< e r
: .
t-C. ,,
? • xy/
• iu^rnia ’
(Vi ia v Kumai •■»n
court. Mast ei
( K tK Chadna»
court Mast e»‘
I
/
1
■
Court No.
0
PIL
A/N MAI I er
secrion
ITEM NO.2
E
' S U p R| E M
RECORD
!
I
I
W n t Pet 11 i fill 01 v
C o u R r
0 r
j
N 0 1. a
proceed I nos
of
n ] )i NO . 30 1 / 2000
I
petitioner
i
( 8 )
i
i
CEHAT & ORS*
i
VERSUS
Respondent ( * )
I
UNION OF
(NDlA and OR|3.
CORAH :
HOil'bLE MR. 'JUSTICE g‘B'
submit additionalI document<a>
pejrini
asion
to
pejrtniss1 ori
imo leading paity )
:» app 1 n( s H tor nling
( with
O.T.and
exemption
from
and c
for hearing today.
was on 11ed on
petition
Thi e
i
Cate ■ i1/12/2001
AGRAWAL
Justice
iI
i
For Peti tioner ( 6 )
Me.I nd i ra
jai6ing,Sr.AdY.,
par i kh,Adv.,
Ii M
r-San^jr M.era,Adv..
Mr.Avinash
Chandrachud,Adv. „
! Mr.R.R' i Kothari,Adv.
I Ms.Jayoa
Mr.A.N..-Singh,Adv.
For Respondent { e )
1 Attorney General
for India (N/P)
' Krishan Mahajan,AuV » .
for UOI
i
for Pelhi State:
—\ Sharma,Adv. ,
1 Me.sumta
Mahra<Adv.
i m r . 0 • s.--
I
Me.Hernantika WBh^*d^v
Mr.Radha Sh/W"
Mr.Aehok Mathur.Adv .
RwifiBh pathak,Adv,
'■ Mr'Ran) it Thomae . Adv. for
for Rajasthanj State.
Hr Javed Mahmood Rao,Adv.
.
Mr.K.R.SaBiprabhu.Adv. ,
i
for Kerala State:
Mr.J.P.Ohanda,Adv. ,
for Haryana State:
' Mr/.BhZwaninshankar «a^’S’AdV"
"r'.Shtv sagar Tiwart.Adv.,
for Goa State:
Mr.sanjay R- Hegde.Adv.■
Kar
nataK<§;tate
:
Mr Satya Mitra,Adv«
f or
■ Ml.Jayshre^Anand.AAGJlonja^
for Gujarat s'tate:
Tor Or 18 9© State:
for Jharkhand State:
t or Punjab State:
A
i
/
/
/
I 'i
:-2;Andhra prdesh State: Mr*. Guntur prabhakar . Adv.
Arunachal Prade sh :Mr.Anil Shr1vastav.Adv.
r Meghalaya State : Mr.Rianjan Mukherjee . Adv .
or rami 1 Nadu stare: Mr.T.L.viswanatha I ver.Sr.Adv.,
MS.s-hweta Garg,Adv.,
Ms.Rfcvathy Raghax^an , Adv.
’
Mr.P|*N- Ramal ingam. Adv.
West
Bengal
st^te
:
Mr
.Tara Chandra Sharma,Adv.,
for
Mt.Aljay 8harma,Adv.,
Hr.S .K. Agnihotri,Adv..
for Madh'/a Pradesh
Mp.Sakesh Kumar.Adv.
Mt .0 .B. SinghfAdv.
for Bihar State:
Mr .Rj .C. Verma,Adv.
for U.P.State:
Mr.vl.G.
Pragaeam.. Adv.,
for Pondicherry:
Ms.nlachana
Srivaetava.Adv.
for uttranchal :
Mr.Prakash Shrivastava.Adv.
for Chhatisgarh:
Ms . A.Sh& G.Nair,Adv. ,
for asearn Statd:
Mr. v .k.Bidharthan,Adv.for
H/e. Corporate Law Group
Me.Kamini
Jaiswal , Adv.
for UT Chandigarh:
Me.Shomila Bakeh1,Adv,,
Mfc.Aiswarya Rao.Adv.
wre. vimla Binha,Adv.,
for Tripura State:
Mr.dopal
Singh,Adv.,
I
Hr.^ahul Singh,Adv.
-’or Himachal Pradesh: Mr.Maresh K. Sharma,Adv. .
Me.A’runa Mathur,Adv.,
'or Sikkim State:
Mr.A.Mariarputham,Adv.
Mr.Anis sulirawardy .Adv
-or j & K State:
Mr.Jay savla,Adv.,
i
ntervenor
:
?or
MB.^eema 8agga,Adv.,
• ■
Mb. |M. ogra,Adv.
UPON hearing counsel the Court made the following
! 0 R D E R
2
Learned coMneel for the petitioners hae pointed out
That
in
the
affidavits tendered on behalf
of
names df the members of the advisory
Governments
the
I 1
i
Ii
State
oonuni ttee
not disclosed ajnd in any case are not published at the
I'n this view of the matter the concerned
re 1evant plnces.
of
State Governments 'are directed to publish the- names
ara
■
advisory
i
j
any
committee -In various districts so that if there is
complaint any ditizen can approach them.
Further.
the *
statistics and information which is to be given in affidavit
———-—•
*—'
■
1
”
'
should be gi''en district-wise.
Mr.Krishan Fahajan, the learned counsel appearing on
despite the
beha1f of the pnion of India states that
Department.
necessary wArn ing by the Secretary, Hen 1 th
l
I
t-3:-
i
various states ; are
seer etaries of
Heal th
implement! rrg the
Welfare )
interested in
1 are not
this court.
reepo’nc ing anp
issued by
not
rie the!
of the
a
b
wel
on behalf
ACt
oounse'
wpe”-’"9 '
affidavits
the
on the
1
u
nhart
based
today»
chart
produced the
t.
there is no
has
titioners
indicates that
pe
states which
adminietratore to
ou®
filed b/ the
concerned
the! Phrt of the
by this court.
on
passed 1
deeire
and orders
court,
the
seriously
thia
imp^ament
passed by
the orders
rcompli^cje of
states are
following
For non
tment) of the
Health Depar
29.1.2002.
Secretary (
Court on
before this
remairi present
directed to
(pamily
learned
i
i
i
•*( 1 )
Punpab*
(0)
(2)
Delhi,
O) Bihar
(7)
Uttar
,
<A)
a
i I
i
i
i
II
;•
il
I •
pajaethan,
Pradesh.
(8)
!
Haryana,
Gujarat,
and !(9) west-BengalMaharashttta
(5)
I
It
is
eil leged
py
the
learned
counsel
ferred from
for
the
Fari dabad to
. -(e trace
□r .Dahiya
action
thalj,
petitions '9
app ropr is^e
taking
because he was
learned
purpose,
chandigari only j
this
For
clinics.
In
reports.
(jof aul ti ng
wspaper® ’
againat
pialed reliance on the ne
because
ha©
ferred only
counee1
i6 trace
f[ficient officer
clinics then
if e
defaulting
our vievf,
the
ie unjustified
action against
J
taking
Government
he was
of the State
Hea'th
the fiction
through i te
rtainlv
ce
of
Haryana i
State
addition, the
affidavit stating
IP
ona.
necessary
iS directed to f i le
secretar y
Oahiya•
'r’traFs'f^®7 Dr;
for
roasone
further
I
petitioners
the
for
cotinse 1
I a - nAd
i
i
i
§
1 H
Bi. -
:-4 : -
are
various State Governments
submitted that the officers of
verifying where ultrasound machines
ot of time in
wasting
of ultrasound machines
She pointed out that data
are kei|t
A
from the manufacturing
the
clinics
is
available
to
euppli©d
I
these
contract© entered by
as Well as from the service
It is also pointed out
clinics w^th those companies.
that
in
that
also, nahiefi of the importer© are easily available from
companies
For
some crises these machines are also imported.
the Cuetone Department.
We, therefore, direct thejWwirKi
companies
to i®upp1y the information as to how many machines
they ~hav9
sold to various clinics within last
five
years
their! names and
addresses and a l so service
to'thosi clinics
or individual as the case may be.
contract
including
------- - -------i
1.
uma Psrameshwiran, CEO, Wipro Ge Medical Systems Ltd.,
A-1, Corporate Towers, Golden Enclave, Airport Road.
Bangalore -560017.
z|
2 . Toshbr^ Bhimarjidzu Ltd., Khetan Bhawan. 2nd floor,
Mumbai - 4000^0.
I
3. Erbie Engineering Co.Ltd.,
New Delhi - 1 0005.
4.
2E/12. 4th Jhandewalan Extn.,
v. Praphakar, CEO, ATL India Ltd., 79 A 94, Developed
Plot®, PerUng idi, Chennai “600090.
Larsen & Tout ro Ltd. (Medical Equipment Divn.>,LAT House,
10, Clbb HOU® a Road, Anna salai, Poet Bag NO. 55247,
Chennai -6000 $2.
^Medical Services Pvt.Ltd., 17 Industrial
6 . Internationa 1
Estate . Maruti Complex, Gurgaon - 122015.
5.
7.
r.
9.
A.K. Khoslal Chairman, General Electric Co. of India
Ltd. , E-16, greater Kailaeh, Part-I,New Delhi - 110048.
Rajee v oayaH President A CEO, HCL Picker Ltd., 0-3,
Community centre, Poorvi Marg, vasant Vihar,
New Delhi- II0057.
4
S'iemens Ltd., Mahape Workshop Shilphata Road, Behind
MIDC Area Off:Thane Belapur Road, v i 11.Mahape.
40060 I .
Thane
i
1
I
I
i
I
I
I
:-5:-
For
inip 1 emontat i on
of
the Act and
th©
rules
11
appear’e
that it would be desirable if the Central Government
francs
appropriate rules with regard to sale of
to various clinics and
1
mach1nec
ultrasound
lea.ue directions not to sell
Jnregi ©tered
mach i ne*>
to
Mahajan
appearing
for
clinics.
Un i on
of
Learned
India
counse1
submitted
Mr .
that
appropr ate action would be taken in this direction as early
as pose b 1 e.
Adjounried to 29.1.2002.
' 2^(Vijay kumar Sharma’
coin t faster
J!
i
(K.K Chadha)
Court Maoter
X
I
i
J
!
I
<
j
■1
i
1 TE.M Nc-. 02
Court No.08
s U P R c M E
COURT
OF
C 0 u R T
RECORD OP PROCEEDINGS
N
•A:r j t P~ t i t i on (C i v i I ) .No . 301 /2000
C£MAT
OR £.
•- =■ i ; ~ oner
(s )
VERSUS
UNION OF I ND:A AND ORS.
Haspondsnt i s)
: Kv : t h app ; 0; .
f Of •per.T;
’
• =s j onk to subrnit add I
docurrien t s
ano exe.mpt ion from fl • hn g U • a n d s x emp t i on
fro-: fiHng OT
~no prrr;: ss i on to subm i• t aod I .
documents a n d ex-.T-p t j on
from f i j ■ng OT j
i.for further oirecti one )
: ■JS-S-.S'OO'!
t oday.
h • s Het i t i on wa s caI‘ed on
nearj ng
C.'ORA^ :
RON’DLR MR. JUSTICE M.S. SHAH
HON’SLb MR. JUSTICE R.P. SETHI
.-o.*' r’et'tioner » s )
.c o r
Ms . indira Ja* Singh. Sr.
Mr . San Jay PariPrh.Adv.
Mr . HR Chandraef.■ ud , Adv.
•Ms . Jayna Kothari . Adv.
. s
rt?
e = p □ n d ent ( s )
for States of Gujarat Ms . Hernan t i ka Wah i . Auv .J!
’* ”T
and MizoramMs . Sumi ta Hazarika. Ao
AoJ
j . 7”
TCr
UO;
Mr .
r • s na n Ma ha j an . A d v .
Ms .
un•t a Sha r ma. Adv .
Mr .
J • - / S h a r ma , .A d v .
Mr . C Hadhar; r :■ shnan , Adv
Mr.D.S.Mabra,Adv.(NP)
Mr. SV Sa•ram Das. Adv.(MP)
i
State of
Nor Stats
A’
un jao
As san:
i esa
Mrs. Jayshree
Jay s nre e Anand,
Anano, Aoo;.Adv.Geni .
r/tr . G. S i vaba I amurugan . Adv. . for
Mr.p.S.Suri ,Adv.
Ms .
Ms .
Mr .
M/s
Asha G Nair. Adv. for
Krisnna Sha rms. Ad v.
vK Si dhar t han. Adv.
Corp-ora t e Law Grouo Adv .
.•. -r . R a d h a S h y a m J e n a . A o •
. x/ —
(judi.;
I
i
2
fc-r State of
Sikkim
Mr . A Ma r i a r p u • h a m. A o .• .
Ms. Aruna Maihur. Adv.
Mr . Anurag D Mathur, Adv.
for State of Rajasthan Mr. Ran j i
Thomas. Adv.
Mr . Javed M Rao. Adv.
for Stats of Kara! a
Mr . KR Sasiprabhu. Adv.
Mr . John Ma thew. Adv .
for State of r-iaryana
Mr .
g
for
■I
Bi
Mahabir Singh.Adv.
for Res.State of Goa
Mr . 8 h avan » = h a nk a r V Ga d n • = . Adv.
Mr . Shiv Sagar Tiwari . Adv.
for Sta•e of
Arunacha! Pradssh
Mr . An i
for
II
•
p't'-'
t-J
Shrivastav. Adv.
“or Stars of Karnaraka Mr. San jay R . .Magda , Adv .
Mr . San jay Mitra: Adv.
for State of
Naca iand
Mr . fSanjay K Shandilya. Adv.
Mrs. VD ’< h a n n a . Ad v.
for State of MP
Mr. a a t i sh K Agn i hot r :• , Adv.
Mr. Sakssh Kumar. Adv.
State of Tr f pur a
Mr. Gooa i Si nan. Adv.
State of UP
Mr . P.O. Verma.Adv..
Mr . KL Janjani. Adv.
Mr .
Mr .
Mr . A jay K Agrawal. Adv.
Stats of West Genoai
Ms. Raohana Sr;vast ava. Adv .
M£_-._ J a r a_ Ch a n d r a S' h a r ma . Adv .
State of 3•har
Mr.3.8. Singh,Adv.
2:tate of Man i pur
Mr . KH Nobi n Singn, Adv.
■v:r .
-•
Pramod Swarup, Adv.
Pravsen Swarup, Adv.
Stats of Uttranche I
State of Mehga•aya
I
(NP)
r
Ranjan Mukherjee, Adv.
State of HP
M r . Narash K Sharma, Adv.
State £-f Pondi:onerry
Mr . VG Pragasam. Adv.
-tats of Ma ha r as th
Mr . SV Deshpande. Adv.
ife
5
. . .3/-<
1
f
r■
e
State of Tam H .Nadu:
Mr . TLV Iyer, Sr. Adv .
Mr . V Ba I a j i , Adv. for
Mr . PN Rama I i ngam, Adv .
State of J & K
.Mr . An i s Suh raws r dy . Adv .
Da da r Na ga r Ma ve I i :
Ms.Sun ita Sharma.Adv.
State of Jharkhand:
.Mr . Ashok Ma t hur . Adv .
State o f Chhatt isgarh Mrs. Ma dh u r Da d I a n i , A d v .
Mr . Prakash Shrivastava. Adv .
UPON hear ng counse ?
the Court made the fol lowing
ORDER
t he
Rea r d
considered
aff idav jts
t he
P r om
States.
learned counsei
for the
parties
fiIed on behaIf
the said affidavits.
and
various
of
it appears that
the
d j recii ons issued by this Court are not comp I ied w j t h .
At
the outset. we may state that t here i s
by t he Adm i n i s trat ion
s•ackness
S ome
counseI pointed out
I earned
Genet ic
in
Counsel I ing
Centre,
imp J emen ti ng the Act.
t ha t even
Gene t ic
though
the
Laborator j es
Genetic Clinics are not reg istared, no ac t .* on
prov•ded
total
s taken as
under Section 23 of the Act. but on I y a warning
issued.
!n
our V ; ew,
th o s e Centres wh•c h
are
not
eg : s t ered
are
required
to
by
t he
“.ut her i t i es
under the p r ov i s i ons o f the Act and t hers • s
no
of
s
■
cuesti on
be
prosecu ted
issue of warning and t c perm i t
t hem
to
sont j nue t he i r i !•egai ac t i v i t i es.
1
!t
Au t horiti es
js
to
be
stated
that
t he
any officer of the Cenira!
Approprlate
the
State
. . .4/-
I
4
I-
authorised in this behai f
Go verr.-men t
i s requ i red to file
under Ssotion 28 of the Act for prosecuting the
0 C iT;p ' a ? n :
of fencars.
Furt her
authorit ies
necessary
:n
are
wherever
D -strict Leve•,
appoi n ted,
t hey
mus t
appropri a t e
carry
survey or Cj i n ,! cs and take appropri ate
case
of
= t a t ut ory
non-regist rat ion c- r n o n -c omp I i a n ce
prov•s■ons
are
not
i no I ud i ng t he Ru .■ es .
on‘y empowe r e d
t he
Z'U I T
act ion
of
t he
Appropr;a te
to
t ake-
c r :• m i n a !
documents,
records,
act ion.
bu t
t c-
obJec t a
etc.
of unregistered bodies under Section 30 of
search and
seize
the Act.
Jt
has
been pointed out
that
t he
States/7Un i on
have not submitted quarterly ••eturns to
Can t ra i
Supervisory
Goa r o
Pre-Natai
D iagnost ic
Pravent-on
of Misuse*} Act.
as
"ths Act").
ret urns
Mance i t
i mp • e-r.en tat ion
Techn .* ques
t he
•of
t he
( Reau .’at i on
and
■;994 thereinafter referred to
is 0!rected that
t he
quar t e r ! y
to centra- Supsrvjsory Board shou'd be submitted
giving the following •nformazjon:-
(a) Su rv e y o f Cent - - es. Laboratories/CI in-os.
(b) Registration of these bodies,
(c) Act ion taken against unreg ist ereo bodies,
(d) Search and Se j zure.
t.a) Number of awarsness campa j gns, and
{f) Results of campasans
K
. . .5/-
I
5
r- r c.Tj t h e rec c- r d .
the
of
Stat-
the Act
pre.-'.ent ,
o"’
Terri tory
:• es med
•\ash.~i i r .
and
Jarnrrit-
appearing on beha!f of
counce :•
tne
f•;ed.
a ff> cavits are not
Onandj garn,
that
Un i on
of
behaIf
c-n
and
ChnaIisgarh
i s spparsni
! t
at
• ha •
the State s ubmits
! s not app•icab;e to the State of Ja/nmu
t : I !
However.
there
ensc tiTen t .
a i rr: j • a r
i =
anc
hash.T; .* r .
t he
State
au ther i t i es wouId take appropriate action
on
' ne
oas : s
of
issueo by
t he
various af fi ca v its.
• earned counseI
fO
and respondent No.
1
pointed out
•hat
per
As
■ ha
rco a
the directions wh•on may be
pet■t i oners
States ha ve co:T:p • « ed w « t h
this Court on 4th May.
2001 .
t he d ir ho t i ons
by
:• ssueo
fol’owing direct.' ons. are
but
not SC;T:p : i SO With by the States m ent i o n e d n e r e I n be.1 ow ;
t he
For
•’ a )
direct * on
at 0: Str :0t
Authorit* es
App;■ opr i a t e
Sta-es/UTs have not cojnp ’ ; ec w • t n :
Haga‘and.
■ s :■ a n c s .
i
:• r : pure
Chand :• earn.
a:-: r naeweep .
D
Noti f i oat•on
issu ing
Lave•s.
States Goa.
a
ano-
N i coca ■■
Ande.Tzsn
JTs
foiIow•ng
Have I j .
Daman
&
uiu.
P OdiChe .r .
r : 3 C ACT of De in- .
i he
ragar d i ng
issue of Notificat’on
App r op r :• a T a Au t hor i t
es a t
Sub-u i st r;o~
fc■ i owing Stat es / i* J = h a v e n o t c om p :■ • e d w • ■ h :
I
w
K
I--’
6
ArunachsI
Pradesh.
Goa.
Jammu
and
Kashm i r.
Jharkhand.
Maharashi ra,
M i zoram,
NagaJ and T
Pradesh T
r-; ma oh a 1
K e ra * a ,
‘•.ar nataka .
Or;ssa,
S i k k' i m ,
GuJara t.
Maryana,
TamiI Nadu, Tr i pura. Uttar Pradesh
and
’Ass t Genoa I .
UTs
Andeman
and
N jcobar
islands. Chandigarh, D
N
Pond i cher ry and
NOT
for
t he
Daman and Diu, Lakshadweep,
Pave I i .
of Delhi .
With
■. c)
A-dv ’ sc ry
regard
Comm i 11 ees
Aut her itias,
to
t he direct]on
to aid and advise
issued
the
Appropr i a t e
t he foI !owing St at es/UTs have not
comp•*ed
w! th : States:
Arunacha! Pradesh. Goa. Himachal Pradesh, Jammu &
Kasnm i
.
Jharkhand,
Maharashtra,
Meoha I aya.
M izoram,
Page and, RaJas t han, Sikkim. Tripura and West Denga!.
U7 s:
Anc-e.man
ano
N i cobar Islands, Chand i gam, D i
N
Have* iT Daman & Diu. Lakshadsweep, Pondicherry and NOT of
De’h : .
r-CT
const i tut jon
of
t he
Sub-D i st r i c t
Levs!
’h':
Adv•sory
Commi t tees.
ccne the needful:
the fol Iowj ng S t a t ca/UTs ha ve
not
7
Pradesh, A.^unacha ! Pradesh. Gca. Gu jarat.
Andhra
pi mac.ha ? Pradesh. Jharkhand. Kamat aka . Kerala.
i zoram.
k-egha I a y a ,
Ma n a ra s hfra.
P:a jas t han . S I k k i m.
Or i ssa,
Maga•and.
Tam: I Ma du. Tri pura. Uttar Pradesh and
■.vest Benge I ;
Pave•i. Daman
M icobar
and
Andeman
: sI ends. Chand-gam. D
.••I
Diu. Lakshadsweep. Pone i charry and MOT c-f
ue • n
t he
Apprcpr:ate
;.:sc :• a . -card i ng
d i r sc t I o.n
to
;n
Author it i as
Pr i nt
a n c- o t hs r .mea n s .
Med j a.
c- f
list
a
pub:Ish
B'act ron ic
ths f o I • ow i n g States/UTs
done tns needru•:
As:
Pr i nt
Med I a:
no action ’ s taken
by
t he
•ow? ng
Asearn,
. a :■ a I a .
r ■ ssa .
use .
Maharasnt ra.
* mac ha • P redssh.
Megha iaya.
MagaI and,
Laksnads w=ep. and MOT of Dei h i .
Meo ■ a
:s
taken
by
B C i a t ~s :
A nd.hr s
1
Man i pbr.
Kashm ir.
S i ki m. U11a r anoha• and U t t a r P r a des h.
D s M Have;:.
I
Jammu b
?- r aussn . Ar unacna i P racesn. Assam, Bi ha r ,
. . 8/-
I
I
j :
8
Pradesh.
Himachal
Paryana.
• 4ca r Gu jara t ,
Jharkhand,
Kerala.
.Maharasht ra,
‘•aca I and.
Orissa.
Pun jab.
Js.Tsmu
Mani pur,
Megha J aya.
;• a.T: I !
S * k k i m.
T r;pura.
Nadu,
Uttar Pradesh and nest Senaa!.
;Jt rarancha ! .
Daman and D i u,
D 2: N Have i i .
Lakshadweep.
and NOT
of Delhi.
Hoardi nos- no action
Pe:
( i i ! )
:• s
f c-1 I ow i ng
taken by
States:
Gc-a .
N j zTacha I
Gujara t. Haryana .
Jharkhand,
•sera :• a ,
Megna :* ay a .
M izcram.
■ am i •
Arunacha I
Pradesh.
Anehr a
Nadu f
Pradesh. Aessr;.
Pradesh.
JaiTi.TjU & Kashmir .
Ma ha r a a n t r a .
Pradesh.
Madhya
Manipur, Nagaland.
=■ ;• har .
C-r i sea.
Punjau.
Tripure,
Uttaranchal,
Uttar
Pradesh
N i canar
!sI anda.
rj
N
Have I I ,
and ‘/rest Bengal.
arc
Andeman
-Lassnadweep.
In
Stats
ane MOT of. liei-hi.
v;ew of
this
Gove r nment s/Union
t h e n-a tier,
we d irect
Ferri t c-r i es t c
j mpIemsnt
a‘ I
the
the Act
ano submit
the comp!iance report as directed by our order
ca t ec
May ,
4th
2001
as we I I
as
this order
wi thi n
•ass.-: s fro-r; today.
List
this matter after s i x weoks.
sd/(D.L. Chugn)
Court Master
sd/fK.K. Chadha)
Cour t Ma s t e r
sj x
I
r-
4
1
?:1
’ SECT I ON PIL
A/N MATTER
Court no. 0
ITEM NO.2
c o u R r
OF
RECORD
OF
PROCEEDINGS
f_..
p r; e m• e
(
i
I
I hl 'D l
I
-
w r .t Pc l i t i on(Civ1 1 )i NO. 301 / 2000
I
i
Petitioner ( 8 I
i
L
CEHAT L ORS.
VERSUS
UNION OF
<
Respondent (si
INDIA ANO ORS.
6 I
:1 tor permission to submit additional documents
'rv ■ t h Apo I n( s ) from
filing O.f.and into leading party)
-V'C -=>> emotion f
called on for hearing today.
perition wae
11/12/E001 Th ii e
V .-'. XM
SHAH
HON'81F MR. JUSTICE
AGRAWAL
HON RLE MA •JUSTICE 8.N.
HON’OLE Mb. ' JUSTICE
pa r111oner
( 8 )
p.?r- Respondent
l 8 )
JO I :
D° i h i State:
r r? r
r
fr r
PASAYAT
ms.Indira Jai8ing,Sr.Adv., ■
! Mr.Sanjay Parikh,Adv.,
i Mr.Avinash k. Ml8ra,Adv.,
Mr.R.R. Chandrachud,Adv..
Ms.Jayna Kothari,Adv.
Mr.A.N.Singh,Adv.
Attorney General for India (N/P)
Knshan Mahajan,AuV> ,
Sharma,Adv.,
Mr ,D. 3.Mah-ra»Adv<
ms.sunita
Ms.Hemantika Wahi.Adv.
Mr.Radha Shyam Jena^Adv.
Mr.Ashok
Mathur,Adv.•
Jhar’khann State:
, Mr RajeBh Pathak.Adv,
Mr.Ranjit Thomas,Adv.for
Rn] as than State:
Mr.Javed Mahmood Rao,Adv.
Mr.K.R.Sa9iprabhu,Adv.,
Korala State:
f
Mr.J.P.Dhanda,Adv.,
Horvana state:
Mr.K.P. Singh,A'dV’
Mr,.Bhawani Shankar Gadn i fl , Adv . ,
Goa Stare:
Mr.Shiv Sagar Tiwari.Adv.,
Mr.Sanjay R- Hegde,Adv..
k a rnat a|o£jt ate :
Mr.Satya Mitra,Adv,
Mfl.Jayshree Anand,AAG Punjab
Punjab Stare:
• 3 r Gujarat State:
i-r Or i esa State:
’■•-•r
arijit
4
:-2:-
4
(ra Prdesh State:Mr1.Guntur prabhakar.Adv.
.nachal Pradesh :Mr.AniI Shr1vastav.Adv .
ghalaya State:
Mr.Ranjan Mukherjee.Adv.
rami 1 Nadu stare: Mr. T-. L. v i swans tha I'/er.Sr .Adv.,
Me.S-hweta Garg,Adv...
Ma.R&vathy RaghaXran , Adv .
’
Mr.Fl.N. Rama 1 ingam.Adv.
, or West. Bengal State:Hr. Tara Chandra Sharma.Adv.,
Mr.Ajjay Bharma,Adv.,
Mr.si.K. Agnihotri ,Adv. .
for Madhya PradaehMf.slakeeh Kumar.Adv.
Mt.Bl.B. singh,Adv.
for Bihar State:
Mr.d.C. Verma,Adv.
for U.P.State:
Mr.vi.G. Pragaeam. Adv.
for Pondicherry:
Me.Rachana Srivaetava.Adv.
for uttranchal :
Mr.Prakash Shrivastava.Adv.
for Chhatiegarh:
He’. Ajeha G. Nair, Adv. ,
for as Siam State:
Mr.V.K.sidharthan,Adv.for
M/s.^Corporate Law Group
Ms.K|am1n1 jaiswa I , Adv.
■»r UT Chandigarh:
Ms.Shomila Bakahi.Adv.,
Mfl.Aiiswarya Rao.Adv.
MrsJvimla Binha.Adv.,
'r Tripura Stats;
Mr.Gopal Singh,Adv.,
Mr.Rahul Singh,Adv.
Mr.Naresh K. Sharma,Adv,
hi mocha 1 Pradseh:
Ms.Aruna Mathur.Adv.,
Gik'-im State:
Mr. Aj.Man arputham. Adv.
Mr.Anis Suhrawardy.Adv
; ;< State:
Mr.Jay Sav1 a,Adv.,
inter encr:
Me.Reema Bagga.Adv.,
Ms. M. Ogra.Adv.
UPON hearing counsel the Court made the following
i ORDER
counsel for the petitioners has pointed out
Learned
I
i
I
Ir
!i
I
State'
committee
not disclosed and in any case are not published at
in this view of the matter the
planes.
relevant
i
s c a r -□
Governments
are
directed to publish
the
concerned
the2- names
of
I
committee in various districts ©o that if there is
envieory
nnv
the
names df the members of the advisory
Governments
a r-^
of
affidavits tendered on behalf
trie
in
r het
1
complaint any citizen can approach them.
Further.
the ‘
i
,
srntistice and, information which is to be given in affidavit
should be given district-wise.
_
_
-- --- —
-_________ I
1
- —--------
I
Hr. Kristian Mahajan,
b«na1f
of
necsrsary
the
(Jn i:on
warning
jby
the
of India
the
learned counsel
states
Secretary,
that
Hen 1 th
appearing on
despite
the
Department.
f
i
1
:-3:-
I
:
Welfare ) health secretaries of various states . are
i F.’.wi 1 y
n'-t
ar.d are not interested in implementirfg
r e$Donding
as we 1 1 as the various dir^ct10ns
/
issued by this Court.
behalf
appearing on
counsel
1 earned
the
rooay,
the
of
aff i davits
has produced the chart based on the
n?r. ■ 11 one rs
•i
the
the various states which Indicate© that there is no
r.)
on
the
i
•nt seriously the
- non-p 1 i once
•
to
admini strators
concerned
of the
part
5
law and orders passed by this Court.
Court,
this
by
the orders passed
of
Health Department) of the following States
are
remain present before this Court on 29,1.2002.
I 5!
(0 )
(3 ) Bihar,
(2) Delhi,
Punjab.
Haryann.
( 7)
(4)
Uttar
Rajasthan,
Pradesh,
(8)
I
i
:1 .
and (?) West-Bengal.”
•. s
a 11egao
the
by
learned
counse1
for
the
that Dr.Daniya- is transferred from Faridabad to
on 1 y
because he was tak 1 ng
7 o r u 111 n q
hi -j s
cli n1cs.
For
th 1 s
approprlate
action
purprose,
1 earned
placed reliance on the newspapers’
reports.
if efficient officer is transferred only
• ?
1 n g action a g a 1 n s t the defau 11i ng
H
In
because
cl imcs
then
the action of the State Government is unjustified
.n
icc111 on,
the State of Haryana through its
Hea1 th
necessary affidavit
stating
a 1 r e c t. a d to
"."•'insfer of Dr.
f1 a n 1 y a .
5
- >•< i
i
:-4 : -
I
i
I
State Governments are
submitted that the officers of various
where ultrasound machines
ot of time in verifying
wasting
k©||t
She pointed out that data of ultrasound machines
eupplied
to the clinics is available from the manufacturing
are
these
as well as from the service contracts entered by
j
Ft ie also pointed out
c 1 nice with those companies.
that
in
that
ale P» names of the importers are easily available from
companies
the Customs Department.
4——J.—|——
Wo, therefore, direct the following
"
“
companies!
to supply the information as to how many machines
they” havs
sold jto various clinics within last
I
i no 1 ud 1 ng;
names
the 1 r
1
contract to those clinics
__
1 .
*
I____
1
I
i
?
For
some cases these machines are also imported.
and
addressee
and
years
f i ve
I
a I eo
eervice
or individual as the case may be.
Uma Parameehwaran , CEO, Wipro Ge Medical Systems Ltd..
A-1. corporate Towers, Golden Enclave, Airport Road.
Bangalore -560017.
i
2
:
2. Toshbro Shimandzu Ltd., Khetsn Bhawan. 2nd floor.
Mumbai - 400020.
3. Erbis Engineering Co.Ltd., 2E/12. 4th Jhandewalan Extn.,
New Delhi - 110005.
v. Prabhakar, CEO, ATL India Ltd., 79 & 94, Developed
PlotaPerungadi, Chennai -600090.
I
5 . Larsen & Toubro Ltd. (Medical Equipment Divn.),LAT House,
10, Club House Road, Anna galai, Post Bag NO. 55247.
Chennai -600002.
4 .
6 .
1
Tnternatinna11 MedicaI Services Pvt.Ltd., 17 Industrial
Estate. Maruti Complex. Gurgaon - 122015.
■
)
of India
; Khosla; Chairman, General Electric Co.
Ltd.,; E-16, Greater Kailash, Pnrt-I,New Delhi - 11004R.
a.k.
R
Ra)eev Dayal, President & CEO, HOL Picker Ltd., 0-3,
Community Centre, Poorvi Marg, vasant vihar,
Now. D© I h 1- 1 j 005 7 ,
. ’
9 .
/
Siemens Ltd.,!Mahape Workshop Shilphata Road, Behind
HIDC Area Off Thane Belapur Road. vill.Mahape.
Thane - 40060|.
i
•i
I
I
I
L
1
.
I
I
i
i
9
r.
I
I
: -5
!!'
For
ifrtplementat ion
appeefe I that it’
of
the Act and
would be desirable
f
the
rules
11
if the Central Government
jappropriate rules with
regard to sale of
VaJioue
machines to
ultrasound
clfnics and i ©a.ue
directions not to 86 I 1
machinee to Jnreg7 stored
i
clinics.
learned counse1 Mr .
jan ;
appear1 ng for Un i on of
Ind i a submitted
i
that
^noropr^ate action
would he taken
1n thlQ direction as early
as Possible.
'Ad.jounred to 29. f .2002.
i
'Jfly Kumar Sharma‘
ou
on** r faster
J
(K.K Chadha)
Court Maoter
II
p
I
ij
5
1
}
.
I
1
i
I
1
'i; <•
SECTION PIL
A/N MATTER
Court No.7
/ .fllM 'No . 7
INDIA
SUPREME
COURT
OF
RECORD OF PROCEEDINGS
<
^3133
1.
Writ Petition(Civi 1 ) No.301/2000
Petitioner (s)
& ORS.
VERSUS
Respondent (s)
UNION OF INDIA AND ORS.
(Appln . for permission to submit addl. documents and exemption
fron] filing OT and impleading party and intervention &
modification and intervention)
IA 13 & 14 : Appln. for intervention and clarification
WITH
IA 15 : Appln. for impleadment and
for permission to take on record the
IA 16 : Appln.
supplementary affidavit) filed by GS Chatterjee. Adv.
Date : 05-3-2002
Th i s
Petition
was
called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE M.B. SHAH
HON’BLE MR. JUSTICE DORAISWAMY RAJU
For Petitioner (s)
For Respondent (s)
UOI
Ms. Indira Jai Singh, Sr. Adv.
Mr. Sanjay Parikh,Adv.
Mr. RR Chandrachud, Adv:. Certified to be at
i
Mr. AK Misra, Adv.
Mr. Harish N Salve, SG
Mr. DS Mehra, Adv.
Assist
------
Supreme Court of Indic
for States of Gujarat Ms. Anu Sawhney, Adv.
Ms . Sumita Hazarika, Adv. for
and Mizoram
Ms . H Wah i, Adv.
for State of Punjab
Mrs . Jayshree Anand, Add 1.Adv.Gen 1. Pb,
Mr . Rajeev Sharma,Adv.
For State of Assam
Ms. Krishna Sarma, Adv.
Mr. VK Sidarthan, Adv. for
M/s Corporate Law Group, Advs.
for State of Orissa
Mr . Radha Shyam Jena,Adv.
for State of Sikkaim
Mr. A Mariarputham, Adv.
Arputham Aruna & Co., Advs .
for St^te of Rajasthan Mr. Ranji Thomas, Adv. for
Mrs. KV Bharati Upadhyay, Adv. for
Mr. Javed M Rao, Adv.
for State of Kerala
Mr . John Mathew, Adv. for
Mr . KR Sasisprabhu, Adv.
2
for Res.State of Goa
Mr.
Mr.
Ms.
Ms.
Bhavanishankar V Gadnis, Adv.
Shiv Sagar Tiwari, Adv.
Sumita Inna, Adv.
Divya Singh, Adv.
for State of
Arunachal Pradesh
Mr.
Anil Shr i vastav, Adv.
for State of
Tamil Nadu
Mr. S Ba 1akrishnan, Sr. Adv.
Mrs. S Revathy Raghavan, Adv.
)
for State of Karnataka Mr. Sanjay R. Hegde,Adv.
Mr. Sanjay Mitra, Adv.
for State of
Nagaland
Mr. Sanjay K Shandi1 ya, Adv. for
Mr. VD Khanna, Adv.
for State of MP
Mr. Satish K Agnihotri, Adv .
State of Tripura
Mr. Rahul Singh, Adv.
Mr. Gopal Singh, Adv.
State of UP
Mr. RC Vermla, Adv.
Mr. Mukesh Verma, Adv.
Ms. Neeta Sinha, Adv.
State of Uttranchal
Ms. Rachna Srivastava, Adv.
Mr. Mahesh C Kaushik, Adv.
State of West Bengal
Mr. Tara Chandra Sharma, Adv.
Mr. Ajay Ssharma, Adv.
Ms. Nee lam Sharma, Adv.
State of Bihar
Mr. BB Singh, Adv.
Mr. Kumar Rajesh Singh, Adv.
State of Manipur
Mr. KH Nobin Singh, Adv.
State of Mehgalaya
Mr. Ranjan Mukherjee, Adv.
State of HP
Mr. Naresh K Sharma, Adv.
State of Pondicherry
Mr. VG Pragasam, Adv.
State of Maharasthra
Mr. SV Deshpande, Adv.
UT Chandigarh
Ms. Kamini Jaiswal, Adv .
Ms . Aishwarya Rao, Adv.
(NP)
Andaman, Lakshadweep
Mr. Ashok Bhan, Adv.
Dadar Nagar Haveli
Ms. Sunita Sharma, Adv. for
Daman and Diu, & Delhi Mr. DS Mehra, Adv.
State of Chhattisgarh
Mr . Prakash Shrivastava, Adv..
Ms . Madhur* Dadlani, Adv.
State of Jharkhand
Mr. Ashok Mathur, Adv.
Mr . Rajesh Pathak, Adv.
For M/s WIPRO
Mr. Bhargava v Desai, Adv.
Mr. Sanjeev Kr. Singh, Adv.
...3/-
I-
I
z
- 3 -
PK Roy, Sr. Adv.
GS Chatterjee, Adv.
Pramit K Roy, Adv .
Feroze Ahmed, Adv.
Mr.
Mr.
Mr .
Mr.
Fpr Intervenor
Mr. Jay Savla, Adv.
Ms. Reena Bagga, Adv.
Mr. BB Sawhney, Adv.
Mrs. Indra Sawhney, Adv.
IA No.15
UPON hearing counsel the Court made the following
ORDER
Heard the learned counsel for the parties.
Learned
the
counsel for the petitioner has drawn out attention to
affidavits of the States/ Union Territories and pointed out
that
number
of States have not complied with the directions issued by this
Court
on
purpose
29th
is
2002 .
January,
for
produced
our
Comparative chart for
"Xhat
perusal.
chart
the
aforesa i d
revea1s
that
necessary action is not taken against the persons who are having ultra
sound machines despite the fact that they are not registered/ licenced
one.
Relevant chart is as under:
Survey
conducted
by the
author i t i es
Information supplied Regi stored
by the manufacturing Clinics
Companies for the sale
of ultra sound machines
S. No.
Name of
the State/
UT
1 .
Bihar
297
345
226
2.
Delhi
777
420
5 25
3.
Gujarat
750
813
484
4.
Kerala
562
756
496
5.
Jharkhand
No figure
1 23
81
6.
Orissa
No figure
210
7.
Uttar Pradesh
1096
945
625
8.
Pondi cherry
37
3
27
9.
West Bengal
No figure
462
257
...4/-
4
however, time to comply with the order is granted
Sti 1 1
3th
April,
2002 on which date the concerned Health
ftpl f artJ-Hea 1 th
Secretary
personally present.
(D.L. Chugh)
Court Master
of
the aforesaid
opto
Secretary/Fami 1 y
States/UT
sha 1 1
c
(K.K. Chadha)
Court Master
remain
6^3
I
- •••
!
t
1'TEM No. 2
I
Court No.6^^^^^
supreme
SSSECTION PIL
^ATTER
co u'r: rWra
RECORD OF PROCEEDINGS.
-
Writ Petition(Clv11) No.301/2000
CEHAT & ORS.
.
.
'Jr^‘ Petitioner (s)
VERSUS
UNION OF INDIA AND ORS.
44.
Respondent (s)
(Appln . for permission to submit
addl. d
---documents
and exemption
from filing OT and imp leading
j party and intervention))
Date : 29-1-2002 This Peti tion was
called on'for hearing today.
CORAM :
HON’BLE MR. JUSTICE M.B. SHAH
HON’BLE MR. JUSTICE B.N. AGRAWAL
HON’BLE MR. JUSTICE ARIJIT PASAYAT
For Petitioner (s)
For Respondent (s)
UOI
Ms. Indira Jai Singh, Sr. Adv.
Mr. Sanjay Parikh,Adv.
’ Mr.
RR Chandrachud, Adv.
Mr. AK Misra, Adv.
Mr.
Mr.
Mr.
Ms.
Ms.
Mr.
Soli J Sorabjee, Attorney General
Manish Singhvi, Adv.
Krishan Mahajan, Adv.
Sushma Suri, Adv.
Sunita Sharma, Adv.
DS Mehra, Adv.
For States or Gujarat Ms. Hemantika Wahi,Adv.
and Mi zoram
Ms. Anu Sawhney, Adv.
for State of Punjab
For State of Assam
for State of Orissa
.
J
for State of SikkSdm
Mrs. Jayshree Anand, Addl.Adv,Genl. Pb
Mr. Rajeev Sharma,Adv.
’
Ms.
Ms.
Mr.
M/s
Asha G Nair, Adv.
Krishna Sarma, Adv.
VK Sidarthan, Adv. for
Corporate Law Group, Advs-,
Mr. Radha Shyam Jena,Adv.
Mr. A Mariarputham, Adv.
Ms. Aruna Mathur, Adv.
Mr. Anurag Mathur, mu
Adv. for
Arputham Aruna & Co.,r Advs.
for State of Rajasthan Mr.
Ranji Thomas, Adv.
Mr. Javed M Rao, Adv.
for State of Kerala
Mr. John Mathew, Adv.
Mr. Manish Garg, Adv.
Mr . KR Sasisprabhu, Adv.
for State of Haryana
1
■i
Mr. Jai Prakash Dhanda, Adv.
Mr. KP
(
Singh, Adv.
. . .2/-
■9
-
2
-
.
Mr. Bhavanishankar V Gadnis, Adv.
Mr. HA Raichura, Adv.
for Res.State of Goa
Ms. Divya Singh, Adv.
i:
Mr. Anil Shrivastav, Adv.
for State of
Arunachal Pradesh
for State of Karnataka Mr. Sanjay R. Hegde,Adv.
Mr. Sanjay Mitra, Adv.
for State of
Naga1 and
Mr. Kai 1 ash Vasdev, Sr. Adv.
Mr. VD Khanna, Adv.
Mr. Sanjay K Shandilya, Adv.
for State of MP
Mr. Satish K Agnihotri, Adv.
Mr. Sakesh Kumar, Adv.
State of Tripura
Ms. Vimla Sinha, Adv.
Mr. Rahul Singh, Adv.
Mr. Gopal Singh, Adv.
State of UP
Mr. RC Vermla, Adv.
Mr. Mukesh Verma, Adv.
Mr. Abhishek Chaudhary, Adv.
State of Uttranchal
Mr. L.P. Naithani, Adv. Genl.
Ms . Rachna Srivastava, Adv.
Mr. Mahesh C Kaushik, Adv.
State of West Bengal
Mr. Tara Chandra Sharma, Adv.
Mr. Ajay Ssharma, Adv.
State of Bihar
Mr. BB Singh, Adv.
State of Manipur
Mr. KH Nobin Singh, Adv.
State of Mehgalaya
Mr.
’
Ranjan Mukherjee, Adv.
State of HP
Mr. Naresh K Sharma, Adv.
State of Pondicherry
Mr. VG Pragasam, Adv.
State of Maharasthra
Mr. SV Deshpande, Adv.
JT Chandigarh
Ms. Kamini Jaiswal, Adv.
Andaman, Lakshadweep
Mr. Ashok Bhan, Adv.
Dadar Nagar Haveli
Ms. Sunita Sharma, Adv.
Daman z-tt Diu.
Diu, & Delhi Mr. DS Mehra, Adv.
otate of Chhattisgarh
M r. Prakash Shrivastava, Adv..
State of Jharkhand
Mr. Ashok Mathur, Adv.
Mr. Rajesh Pathak, Ady.
Mr. Harvardhan Jha, Adv.
HZs WIPPO
Mr . Bhargava V Desai, Adv.
Mr. Anand Kumar, Adv.
Ms. Sweta Kakkad, Adv.
For Inntervenor
Mr. GS Chatterjee, Adv.
Mr. Pramit K Roy, Adv.
Mr. Feroze Ahmed, Adv.
r
...3/-
L
- ''B
'
A
I
f
UPON hearing counsel the Court made the following
ORDER
Heard the learned counsel for the parties.
the affidavit filed on behalf of the Central' Government by
In
the
Di rector,
ti ie
1 i sts
Department of Family Welfare,
recei ved
Organ i sat i ons
from
been
have
the
compan i es
and
re 1evant
forwarded to the
that
it hae been stated
Non-Governmenta1
for
States/UTs
pursuing appropriate actions in the event that the organisations using
che
u1trasound
F rom
th i s
Act.
it is clear that the concerned
averment
States/UTs
have
the information with regard to the purchase of the
•- -s c e i v e d
machines
the concerned State Governments/UTs are directed
the refore,
and.
the
machines/scanners are not registered under
to
cake immediate action on the basis of the said information and if such
.'rgan i sat i ons
are
us i ng
the
u1trasound
themselves registered under the Act,
;. -1ting
wi thout
machi nes/scanners
the said machines should
de sealed and seized for the time being.
It
has
that
further pointed out in the affidavit
been
•'d'icnal Inspection and Monitoring Committee reported:
The
’’Under Section
: 0
of the Pre-Natal Diagnostic Techniques (Regulation and
Preventi on
of
Misuse)
the
appropri ate
of
compliance
author!ty
Act,
1994 there has to be an enquiry by
fo11 owed
by the expression of satisfaction
the Act and the Rules after receiving the advice of the Advisory
i th
Committee.
It is only by following this mandatory procedure that the
Appropriate
Author i ty
person
The
can grant a certificate of registration
applying for starting a genetic c1inic/1ab/counseling
to
a
centre.
Committee found in Chandigarh that there was a complete violation
of these mandatory provisions of the Act.
. . 4/-
\
A
4
our view, the concerned authorities are required to follow
In
I
the
grant
procedure provided under the Act and should not
mandatory
I any certi fi cate or registration to any person if the form is “in any
I
vjay
Hence,
i ncomp1ete.
the
fo11ow
di rected
to
under
the
Act
or registration to any person
or
organi zation
procedure
mandatory
certi f i cate
g ran t i n g
the concerned authorities are
prescri bed
before
•. using the said machines/scanners .
I
It
has
also been pointed out by the learned counsel for
the
pe'C'Z'oner that the Union of Ind i a/concerned authorities may also take
chc
help of the following Associations or Members for the purpose
i ng
informat ion
about
the user of
ultrasound
the
of
machi nes/
scanners:
1.
INDIAN MEDICAL ASSOCIATION (IMA)
2.
INDIAN RADIOLOGISTS ASSOCIATION
o
FEDERATION OF OBSTETRICS AND GYNAECOLOGISTS SOCIETY
OF INDIA
For
Z a r 3s
the
(FOGSI)
time being personal
presence of the officers of
the
is dispensed with.
List this matter after four weeks.
•a
I
J
( D •. L . Chugh )
Court Master
J
(K.K. Chadha)
Court Master
)
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