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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
1
EH
■
f
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 opeiating
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 Centers, Genetic Laboratories and Genetic
clinics including bodies using ultra-sound machines.
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 CounciIlJJentres, Genetic Clinics, Genetic Laboratories,
combination thereof, and bodies using ultrasound machines. They should give,
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 31.12,200 t
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
: (b) Genetic Laboratories
i (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
4. i Number of fresh registrations granted as:
I (a) Genetic Counselling Centres
, (b) Genetic Laboratories
i (c) Genetic Clinics
i (d) Jointly as Genetic Counselling Centre/Genetic
Laboratory/Genetic Clinic or any combination thereof
I (e) Any other Body/person using Ultrasound Machine
During
the
quarter
ending
31.12.01
Total up
to
31.12.01
C? ■ ■
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
(d) Jointly as Genetic Counselling Centre/Genetic
Laboratory/Genetic Clinic or any combination thereof
Any other Body/person using Ultrasound Machine______
7.
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
I Any other Body/person using Ultrasound Machine_______
Number of suspensions or cancellations of registrations
under section 20 of the Pre-natal Diagnostic Techniques
I
(Regulation and Prevention of Misuse) Act. 1994 in the
I
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.
j
(d) Other appropriate means.
; (Please give details on separate sheet)
r
r
__________________________
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)_________________
Action taken to appoint Appropriate Authorities and
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Advisory Committees at district and sub-district levels.
(Please give details on separate sheet including
appointment of such persons on Advisory Committees
who can devote some time)
—
Action
taken
to
publish
list
of
Appropriate
Authorities
12
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._____
_ _________ —
Information/Report
on
survey
of
bodies
specified in
15
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)
Hl Number and nature of the awareness campaigns
conducted and results flowing therefrom.
(Please give details including details of advertisements/
posters/ handbills etc, on separate sheet)
Number
of complaints filed in the court in the State/UT
19
under the Pre-natal Diagnostic Techniques (Regulation
and Prevention of Misuse) Act. 1994 (by Appropriate
Authorities or by others).
I (please give details on separate sheet)
17
Certified that all bodies/persons using ultra-sound machines capable of
detecting sex of foetus in my area of 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 3
read with sub-sections (i) and (j) of section 2 thereof irrespective o
whether thev are actually determining sex of foetus or not. If any such
bodv/person operates without registration, he/she/it is punishable under
section 23 of the Act. Case against such body/person should be filed in
Court under section 28 of the Act.
2. The Appropriate Authority should certify that all bodies/persons using
ultra-sound machines capable of detecting sex of foetus in his area of
jurisdiction have been registered under the Pre-Natal Diagnostic
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
at Bangalore - in collaboration with UNFPA
(20th 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:
Range
Number of
Districts
16
33
______ 72
213
245
12
Less than 800
800-849
850-899
900-949
950-999
1000-1049
Percentage
_3
_6
12
26
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
__________ 1991
child
No.
of Share of
Sex ratio(0-6)
districts*
Population(%)
Total_______
577
100.00
Less than 800
800-849
_£
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
Population(%)
districts*
________ 577 _______ 100,00
_________ 16 _________ 2.18
_________ 32 _________ 4,72
_________ 71_ ________ 15,34
________ 208 ________ 37.59
________ 242 ________ 39.80
0.38
8
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.
2
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.
Simultaneously, techniques are also being developed and refined
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. Mio 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.
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 Misuse) 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.
“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
Involvement of NGOs:
e.
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: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)].
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.
c
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
3
Andhra Pradesh
Bihar
Gujarat_______
Haryana______
Karnataka_____
Madhya Pradesh
Maharashtra
£_
5
6
7
8
9
10
11
12
13
14
15
16
Number
of
Complaints
filed in the
Court/Police
Number
of
Ultrasound
machines seized
and sealed
7__________
7__________
7 __________
8 __________
8
5 __________
5
6 _________
41__________
7
1__________
1
3_________
3
2_________
2
5_________
51
1__________
10_________
3
46_________
Orissa_______
Punjab________
Rajasthan_____
Tamil Nadu
Uttaranchal
Uttar Pradesh
West Bengal
Chandigarh
Delhi "
~~
_2_________
40_________
191
Total
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 Muzaftamagr (U P.) on 26.3.2002.
SUPREME COURT’S DIRECTIONS
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.
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
r
10
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 dated 11,12.2001:
II.
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.
III.
Directions dated 29.1.2001:
The Supreme Court of India in its Order dated 29th January, 2002 has directed
that:
(i) State Governments/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. to 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 ametided 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
A ii ii ex u re
Sex Ratio among the Child Population in the age group 0-6
>
Sl.No.
1, ___
2.
3.
4, ___
\___
6.____
z__
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
HZ
35.
States____________
Punjab____________
Haryana___________
Chandigarh________
Himachal Pradesh
Jammu & Kashmir
Delhi_____________
Rajasthan__________
UP.____________
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______
AlHndia-
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
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THE GAZETIE OF INDIA :
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RAORD1NARY
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18
THE ODETTE OF INDIA
-------------------------------------- -----
.
EXTRAORDINARY
------------ ------------------- — ...........................................................................
MINISTRY OF HEALTH J AND FAMILY
WELFARE
(Department of Family Welfare)
NOTIFICATION
. ............ ,
■
[Part [L—Sec. 3(i)l
—
receipt of the application for registration, in _ the
acknowledgement slip provided at tie ■ 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.
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 of 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 ;
(0 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
Clinic 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, «t shall conform to the requirements as
specified in Schedules I, II and IK.
4. Registration of Genetic Counselling Centre.
Genetic Laboratory and Genetic Clinic.—(I) An
application or registration sb.a!l be made to the Appro
priate Authority, in duplicate, in Form A.
(2) The Appropriate Authority, or any persen. in
his office authorised in this l)elialf, shnll acknowledge
:i. Application Fee.—[1) Every application for
registration under rule 4 shall be accompanied by an
application fee of
(a) Rs. 2000.00 for Genetic Counselling Centre;
ib) Rs. 3000.00 for Genetic Laboratory;
<c) Rs. 3000.00 for Genetic Clinic; ind
fd.) Rs. 4000.00 for an institute, hospital, nursing
home, or any place providing jointly the services of a
Genetic Counselling Centre, Genetic Laborator/ and
Genetic Clinic or any combination of such Centre,
Lal oratory or Clinic.
;2) The application fee shall be paid by a
demand draft drawn in favour of the Appropriate
Authority, on any scheduled bank heated at the
headquarters of the Appropriate Authority.
5. Certificate of registration.—(1) The Approprk.te Authority shall, after making Aich enquiry
and after satisfying itself Khat the applicant has com
plied with all the requirements, place the application
before the Advisory Committee for its advice.
(2) Having regard to the advice: of the Advisory
Committee the Appropriate Authority shall, giant a
certificate of registration, in duplicate, in Form B
to the applicant. One copy of the certificate of
registration shall be displayed by the registered Gene
tic Counselling Centre, Genetic Liberate ry or Genetic
Clir.ic at a conspicuous place at its place of
bus liess.
Provided that the Appropriate Authority may
gra it a certificate of registration to a Genetic Labo
ratory ora Genetic Clinic to conduct one or more
specified, pre-natal diagnostic tests or procedures,
depending on the availability of place, equipment
anc qualified employees, and standards maintamed
by such laboratory or clinic.
(3) If, after enquiry and after giving an oppor
tunity of being heard to the applicant and having
regard to rhe 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 the reasons to be
recorded in writing, reject the application for
registration and communicate such .rejection to
the applicant as specified in Form C
<4) An enquiry under sub-rule (1), including ins
pection at the premises of the Genetic Counselling
Centre. Genetic Laborator/ or Genetic Clinic, shall
[*n’TlI-«nj< 3(i)]
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, within 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 certificate of
registration shall be surrendered to the Appropriate .
Authority.
(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.
•'
J of
7. Validity of registration.—Every certificate
period
of
five
years
registration shall be valid for a [
from the date of its issue. ,
8. Renewal of registration.—(I) An application
for renewal of certificate of registration shall be made
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.
(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 an d
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 draft of. expiry
of the certificate of registration earlier granted.
(3) If, after enquiry and after giving an oppor
tunity of being heard to the 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
wilting, 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 the fees provided in
sub-rule (i) of rule L
19
(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 certificate of registration or to
cc nimunfcate rejection of application for renewal of
registration within a period of n nety days from the
date of rece'pt of application for renewal of regis
tration, the certificate of registration shall be deemed
to ha ve been renewed.
9. Maintenance ancl presemticr of records.—
(1) Every' Genetic Counseli ng Centte, Genetic Lab
oratory and Genetic Cl me shall maintain a register
showing, in serial order, the names and addresses
of the women given genetic counsellire, subjected to
pre-natal djagnost c procedures or pre-natal dia
gnostic tests, the names of their husbands oi fathers
and the date on which they first reported for such
counselling, procedure or test.
(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.
(3) The record to be maintained by every Genetic
Liboratoi.y, in respect of each wo mm 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 specified in
Form H
(5) The Appropriate Authority stall maintain a
pe rmanent record of applications for grant or renewal
of certificate of registration, as specified in Foxm H.
Letters of intiniabon of every change of employee,
■place, address and equipment install :d shall also be
preserved a permament records.
(6) AU case related-records, for ns cf consent,
laboratory results, microscopic pictuies, sonogaphic
pl'itcs 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 cf completion of counsel
ling, pre-natal diagnostic procedure or pre-natal
di agnostic test, as the case may be. In t ne event cf any
lei’.al proceedings, the records shall be presened till
the final disposal of legal proceedings, cr till the expiry
of the said period cf two years, whichever is Hater.
(7) Im case the Genetic Counselling Centre or
Genetic Laboratory or Genetic Clinic maintains
••■scerds on computer or other electronic equipment.
20
THE G AZETTE OF INDIA : EXTRAORDINARY_________ SEC’
a printed copy of the record shall be? taken and pre- d
served after authentication by a person responsible |
for such record.
|
10. Conditions for conducting pre-nataldiagno- .
stic picedures. (1) Before conducting any pre-natal- |
diagnostic procedure, a written consent, as specified ?
in Form G, in a language the pregnant woman understands, shall be obtained tromher:
L..;
Provided that where a Genetic Clinic has taken a
sample of any body tissue or body fluid and sent it j«
to a Genetic Laboratory for analysis or test, it stiall
not be necessary for the Genet’’c Laboratory to obtain
a fresh consent in Form G.
(2) All the State Governments and Union terri
tories may issue translation of Form G in languages
used in the State or Union territory and where no
official translation in a languge understood by the
pregnant woman is available, the Genetic Clinic may
translate Form G into a language sl3e understands
11.. Facilities for inspection.—Every
Genetic
Counselling Centre, Genetic
Laboratory and
Genetic Clinic shall afford : reasonable facilities
for inspection of the place, ccpiipment and records
to the Appropriate Authority or to any other
person authorised by the Appropriate Authority in
this behalf.
12. Procedure for search a nd seizure—.(1) The
Appropriate Authority or any officer authorised in
this behalf may enter and search at all reasonable
times any Genetic Counselling Centre, Genetic Lab
oratory or Genetic Clinic, in the presence of two or
more independent and resj:iectable persons, for the
purposes of section 30.
(2) A list of any document, record, register, book,
pamphlet, advertisement or any other material object
found in the Genetic Counselling Centre, Genetic
Laboratory or Genetic Clinic and seized shall be pre
pared in duplicate at the place of effecting the seizure.
Both copies of such list shall be signed on every page
by the Appropriate Authority or the officer authorised
in this behalf and by the witnesses to the seizure:
Provided that the list may tie prepared, in. the pre
sence of the witnesses, at a place other than the place
of seizure if, for reasons to bo recorded in writing,
it is not practicable to make the l ist at the place of
efifecting the seizure.
(3) One copy of the list referred to in sub-rule (2)
shall be handed over, under acknowledgement, to the
person from whose custody the document, record,
register, book, pamphlet advertisement or any other
material object have been seized:
Provided that a copy of the list of such document,
record, register, book, pamphlet, advertisement or
■ otlier material object sei2ed may be delivered vrder
"acknowledgement, or sent by registered post to the
o wner or manager of the Genetic Counselling Centre,
Genetic Laboratory or Genetic Clinic, it no person
acknowledging custody of the document, record,
register, book, pamphlet, advertisement or other
raJ teria 1 object seized is ava liable a t the place of e fleet
ing the seizure.
(4J If any material object seized is perishable in
nature, the Appropriate Authority, or the olhcei aut
horised in this behalf sha ll make arrangements prom
ptly for sealing, identification and preservation
of the material object and also convey it to a facility
for analysis or test, if analysis or lest be required:
Provided that the refrigerator or other equipment
used by the Genetic Counselling Centre, Genetic
Laboratory or Genetic Clinic for preserving such
perishable material object may be set.led until such
time as arrangements can be made for safe removal
of such perishable material object and in such event
uality. mention of keeping the material object seized,
on the premises of the Genetic Counselling Centre 01
Genetic Laboratory or Genetic Clinic shall be made
in the list of seizure
(5) In the case of non-completicn of search and
seizure operation, the Appropriate Authority cr the
officer authorized in this behalf may make arrange-me ats, by way cf mounting a guard or staling of
the premises of the Genetic Counselling Centre.
Genetic Laboratory or Genetic Clinic, for safe keeping,
lisiliig and iemoval of documents, records, book cr
any other material object to be seized, and to pre
vent any tampering with such documents, records,
books or any other material object.
13. Intimation of changes in employees, place or
equipment.—Every Genetic Counselling Centre,
Genetic Laboratory or Genetic Clinic shall intimate
every change of employee, place, add ress and equipmmt installed, to the Appropriate Authority within a
peried of thirty days of such change
14. Conditions for analysis or test and pre-natal
di .'ignostic procedures. (1) No Genetic I^abc ratory
shall accept for analysis or test any sample, unless
referred to it by a Genetic Clinic.
(2) Every pre-natal diagnostic iuoc<.dure shall
in variably be immediately preceded by locating the
fectus and placenta through ultrasonography, and
the pre-natal diagnostic procedure shall, be done
under direct ultrasonographic monitoring, so as to
p-eveni any damage to the foetus and placenta.
15. Meetings of the Advisory Committees.—The
iritervenmg period between any two meetings of
Advisory Committees constituted under sub-section
21
__
(HprII-tm 3(i)[
(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-offici.o 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-ofiicial members apy>ointed 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 cn its premises a
notice in English and in the local language or langu
ages for the in formatton of the public, to the effect
that disclosure of the sex of the foetus s prohibited
under law.
(2) At least one copy each of the Act and these
ruU. shall be available on the premises cf every Ge
netic Counselling, Centre, Genetic Laboratory and
Genetic Clinic, and shall be made available to the
cEenttle on demand for persuai.
(3) The Appropriate Authority, the Central
Gc vernment the Stare Government, and the; Govern
ment/Ad ministration of the LTnicn territory may
publish periodically lists cfregisteied Genetic Counsel
ling Centres, Genetic Laborator es and Genetic
Clioics and f'ndings from the reports and other infermutton in their possession, for the information of the
public and for use by the experts inr die Feld.
[No. 2301 ./5^/94-.pLYJ
K. S. SUGATHAN, It. Secy.
SCHEDULE I
[See title 3 (.1) ]
requirements FOR registration of a
GENETIC CO U NSEL '.TNG C BN I RE
A. PLACE
A room with an area of seven (7) square metres.
B.
EQUIPMEKC
Educational charts/models.
C. EMPLOYEES :
Any one of the follow-ng :—
0) Medical Geneticist..
(2) Gynaecologist with 6 months experience, in genetic ccunsellmg, or
having completed 4 weeks’ tra-wng in
genetic counselling.
having completed 4 weeks' training in
(3) Paediatrician with 6 months experience in genetic counselling, or
genetic counselling.
SCHEOULJH II
[See rule 3'J)]
JREQUIREMENTS for registration of a
GENETIC LABORATORY
A. PLACE
A room with adequate space for carrying out tests.
B. EQU1PMEW
These are categorised separately for each of the uw?ernieir-ioricd studies.
Chromosomal studies :
(I) Laminar llow hood with ultraviolet and fluorerrx ai. L^ht or other suitable culture hood.
(?) Photo 'microscope with fluorescent source of lipin.
T'BJB G^ETTE OF INDEX.: :EJC('RAORDIN?kRY
[Part II—Sec. 3<i)l
—
22
(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 strirrcr.
»■'“* «* *
Sb'!
(14) Double distillation apparatus (glass).
Biochemical studies :
• ' , to be carried out)
(requirements according to tests
other suitable culture hood.
with ultraviolet and fluorescent ligtit or
(1) Laminar flow hood v
(2) Inverted microscope.
(3) Incubator and oven
or closed system with 5% G(V- atmosphere.
(4) Carbon dioxide incubator
(5) Autoclave.
(6) Refrigerator.
(7) Water bath
(S') CentrifugeElectrophoresis apparatus and power supply.
(9)
Chromatography chamler.
.inwrarmssay system (with gamma beta-counter) or fluoro(10)
(H) Spectro-photometer and Elisa reader or Radio
- meter for various biochemical tests.
(12)
(12) Vortex mixer.
13) Magnetic stirrer.
XS
M.™.I**-**—W*
(16) Double.distillatic-n appratus (glass).
(17) Liquid nitrogen tank.
Molecular studies :
(1) Inverted microscop?.
(2) Incubator.
(3) Oven.
(4) Autoclave.
Refrigerators (4 degree and minus 2.0 degree Centigrade)
(5)
(6) Water teith.
Microcentrifuge.
(7) Electrophoresis appratus and power supply.
(8)
(9) Vorte? rnixer.
(10) Magnetic stirrer.
CS I..U.™
(13.
(14)
fi s'j
(16)
(17)
C. EMPLOYEES :
(1) A Medical Geneticist
i
”f••' ■*“
Double distillation apparatus (glass)
P C.R. machine.
Refrigerated centrifuge.
other documentation system.
U.V. Illuminator with photographic attachmene or
Precision micropi^tes.
. „ . nC£.s Or a degree or a diploma in medical
^3
T’TOil’H \WTir: WtHT'T
___
i—** >
_ , ,~:x=.'=::==:=l=:a=n::=^=x==^
■w^8eB«aegg"Y«,~"Trgi
SCHEDULE III
[See rule 3(1)1
REQUIREMENTS FOR REGISTRATION OF A
GENETIC CLINIC
A
PLACE
‘ A room with an area of twenty (20) square metres with a ppropriate aseptic arrangements.
B' (0 UEq^pment and accessories necessary for carrying out clinical examination by an
obster ticiari/gyri aeco-
legist.
.
■
(2) Equipment, accessories, materials and other facilities required for operations envisaged m the Act.
‘S XXriaTc?toLraXuip.nent for carry .ng out chorionic villi aspirations per vagina or per
abdomen.
*(c) Appropriate sterile needles for amniocentesis or cordocentesis.
(d) A suitable foetoscope with appropriate accessories for foetoscqpy, foetal skin or orgar bidpsy or foetal
blood sampling shall be optional.
r. .q ;}!
(3) Equipmen t for dry and wet sterilization.
evacuation
of
uterus
or
resuscitation
in case
(4) Equipment for carrying out emergency procedures such as
of need.
C EMPLOYEES
B above).
(2> A^AShaU04person^pS^i in these tXhniqiws.
------ conducting the relevant procedure.
*
F ORM A
[See rules 4(1} and 8(1)]
(TO BE SUBMITTED' IN DUPLICATE)
WITH SUPPORTING DOCUMENT?; AS ENCLOSURES, ALSO IN DUPLICA IE
w nv APPT ICATION FOR REGISTRATION OR B. ENEWAL OF REGISTRATION Of A GIsNEl IC
FORM OF
CENTRE/GENETIC LABGRATORY/GENETIC CLINIC*
1
Name of the applicant
(specify Sh./Smt./Kum./Dr.)
2. Address of the applicant
applying
3. Capacity in which
•/partner/niari aging di rector/other-to b<
(specify ovraer/\
stated)
4 Type of facility to ba registered
(specify Genetic Counselling Centre/Genetic Labo
ratory/Genetic Clinic/any combination of these)
5. Full name and address/add cesses of Geneti c Counselling
Centre/Genetic U’boratory/Genetic Clinic with fdephonerrelegrapbicTelx/FaxE-mail numbers.
THE GAZETTE OF INDIA : EX1RAORDIN AR -
24;
I Pari
6. TjpC
Type of ownership and organisation (specify individual
ownership/partnership/company/co-operative/any othei).
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/Munici pal Hospital/
Public Hospitall/P'rivate Hospital/Private Nursing Horne /
Private Clinic/Private Laboratory/any other to be stated.
8. Specific prenatal diagnostic procedures/tests for which
approval is sought (for example amniocentesis, choriomc
villi aspiration/chromosomal/biochemical/molecular
studies etc).
Leave blank if registration sou^tfor Genetic CounccUing
Centre only
9. (a) Space available for the Counselling Cent re/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) Ultrasound
(ii) Amniocentesis
(iii) Chorionic villi aspiration
(iv) Foetoscopy
(v) Foetal biopsy
(vi) Cordocenteus
(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 registration num
ber of employees. May be furnished as an enclosure
(Refer Schedules I, Il or HI)
13. State whether the Genetic Connselling Centre Genetic
Laboratory/Genetic Clinic* qtalifies for registration in
terms of minimum requirements laid down in Schedule
I. II and HI and if not, reasons therefor.
14. For renewal applications only :
(aj 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 :
4
,(------------------------------------------- )
Name and signature of applicant
[wt ll-w 3(i)]
25
DECLA.R/kTION
I, Sh./Smt./Kumr/Dr
daughter/wife of
son/
years resident aged
of
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 Prevention of Misuse),
Rules, 1995
(ii) I also undertake to explain the said Act and Rules ;:o a I employees of the Genetic Counselling Centre/
Genetic Laboratc ry/Generic Clinic in res pec* oi Which registration is 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,
oi the applicant
All enclosures are to be authenticated by signatuie
ACKNO WLE DGEA1 ENT
[See rules 4(2) and 8(1)]
The application in Form A in duplicate for grant^/renewal-- of reg’Straton of Genetic Counselling Centre*/
Genetic Lab oratory */Gene tic Clinic* by
............... ...............
been received by the Appropr-are Authority
(date).
*The list of enclosures attached to the application in Form A has been verified with the enclosures subm tied
and found to be correct.
OR
*On verification it is found that following documents mentioned in the list of enclosures are not actually
enclosed.
This acknowledgement does not confer any rights on the apjd cant for grant or renewal of registration.
(----------------------------------------
-)
Signature and Designation of
Appropriate Authority, cr authorized
person in the? office of the Appropriate
Authority.
Date :
SEAL
♦Strike out whichever is not applicable or not necessary’.
1 GI/96-4
[Pab.t
THE GAZETTE GF INDIA ; EXT -LWKDINARY
26
-------------- ---------
---------------------------------------- r-r
Sue. 3(1)1
---------
ORIGINAL*
DUPLICATE FOB DISPLAY
FORM. B
[Sec rules 6(2), 6(5) ar.d 8(2) ]
CERTIFICATE OF REGISTRATION
iTo be issued in duplicate)
1 In exercise of the powers conferred under section 19(1) efthe Prenatal Diapnost c Tcchiicucs (Rcprlation
M P—.1.. Of Ml,,,..,, A..,
A,,,.
<S7 of 1594),
SeSwS.
aoio- "p-i
Pr •natalDirgnosit: c Procedures*/Pr€natal Diagnostic Tests'*
years ending on
2. This registration is granted subject to the aforesaid Act and Rules thereunder, and any contiave i.ion thereof
shall result in suspension or cancellation of this Certificate of Re.jistration before the expiry of the st.id period 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 cli.nLc)
(i) Ultrasound
(ii) Amnioixntesiis
(iii) Chorionic Villi biopsy
(iv) Foetoscopy
(v) Foetal skin or organ biopsy
(vi) Cordocentesis.
(vii) Any other (specify)
D. Prenatal diagnostic tests* approved (for Genetic L.aboracc'ry)
(i) Chromosomal studies
(ii) Biochemical studies
(iii) Molecular studies
3. Registration No. allotted
4. For renewed Certificate of Registration only
.To
Period of validity of earlier Certificate From
Registration.
of
Signature ,namefan<1. 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.
I
27
[wrll~«w 3(i)l
FORM C
[See rules 6(3), 6(5) and ?(3)1
REJECTION OF APPLICATION FOR REGISTRATION OR
RENEWAL OF REGISTRATION
In exercise of the power* conferred erde. section 19:2) of the Prenatal Diagnostic Techniques .;IUgidab<>n^d
Prevention of Misuse) Act, 1994 the Appropriate Authority ;
■■■■■
‘
t
the application for grant’/renewalt of registration of the Genetic ^outselling Centre’/Genet.c LabjraUry/Ctnet.c
Clinic* named below for the reasons stated.
Name and address of the Genet c Coonsell ng Centre */Genetic
Laboratory*/Genetic Clinic*
Name of Applicant who has appl ed foi registrar .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.
FOE Vi D
[See rule 3(2)]
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 case papers)
6. Last menstrual per .cd/
weeks of pregnant.y
7„ History of genetic/medicaI disease m the family Gpeciiyl
Basis of diagnosis :
(a) Clinical
(h) Bio-Chemical
(c) Cyto-genetic
(d) Other (e.g. radiological)
■'A
8 Indication for prenatal diagnosis*
A. Previous child/children with:
(i) Oltromosomal disorders
(ii) Meteboliedisorders
(iii) Congenital anomaly
07282
3
i
28
THE GAZETTE OF INDIA : E XTRA0RD1NARY
[Paf.t II—Sec. 3(i)]
(iv) Mental retardation
(v) Haemoglobinopathy
(vi) Sex linked disorders
(vil) 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
(h) 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
(ij 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 counsell. cig.
Name, Signature and Registration No.
of the Medical Geneticist/Gynaecologist/
Paediatricirn.
Date
♦Strike out whicliever is not applicable or not necessary.
Form E
[See rule 9 (3)1
NAME, ADDRESS AND REGISTRATION NO. OF GENETIC LABORATORY
RECORD TO BE MAINTAINED BY T1TH GENETIC LABORATORY
1. Patient’s name
X Age
3. Hufiband’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 Io be preserved care
fully with case paper).
6. Typo of sample : Maternal blood/Chorionic villif;
aample/ammotic Huid/Foetal blood or other foetal tissue
(Specify)
)
29
-------- nf 1'*'"'?***'-"*' l!1-1-l:—a-..- — ■
.
——
7. Specify indication for prenatal diagnosis
(A) Previous Child/children with:
(i) Chromosomal disorders
(ii) Metabolic disorders
(iii) Malformation(s)
(iv) Mental retardation
(v) Hereditary haemolytic anaemia
(vi) Sex linked disorder
(vii) Any other/(specify)
(B) Advanced 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
10. Date(s) on which tests carried out
The results of the pre-nataldiagnostic tests were corveyed to....
Normal/Abnormal
on
&;igriature and Registration num1>er of the
Medical Geneticist
Date
Form F
[See rcile 9 (4}]
NAME> mc^Stobe
1. Patient's name
2. Age
3. Husband’s/Father’s name
4. Full Address with Tel. No.., if any
S Referred by (full name and address of docto^sj/Genetic
Counselling Centre (Referral note to be preserved
carefolly with case papers).
6. Last menstroal period/
weeks of pregnancy.
7. History of genetic/medic al disease in the family
(specify).
Basis of diagnosis:
■
(a) Clinical
(b) Bio-Chemical
(G) Cyto-ger-otic
(d) Other (e-g. radiological-specify)
by?ii?Gi^nc cSno
<
30
THE GAZETTE OF INDIA
[Part II—Sec. 3(i)]
--- - ---
EX'].'.ILWWINARY
8. Indication for prenatal diagnosis
(A) Previous cliild/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 performexi it
(i) Ultraso arid
(ii) Aminiocentesis
(iii) Chorionic Villi aspiration
(iv) Foetal biopsy
(v) Cordocentesis
(vi) Any other (specify)
10. Any complication of procedure—please specify
/
11. Laboratory tests recommended*
(i) Chromosmal studies
(ii) Biochemical studies
(iii) Molecular studies
Normal/Abnormal
12. Result of pre-natal diagnostic procedure and specify
abnormality detected, f any.
13. Was MTP advised/ccnducttxl
14. Date(s) on which, procedures carried out.
15. Date on which MTP carried cut.
16. Date on which, consent obtained.
17. The result of pre-natal diagnostic procedure were
conveyed to
...............................................................
on
Name, signature and Regstration number of the
Date
Gyniiecologiist/Radiologist/Registored
Medical PracPlace
t-tio'ier
* Strike out whichever is not appliable or not necessary.
FORM G
[See ruxe 10)]
FORM OF CONSENT
I.
ago
vdfe/dftughter of
years residing at
hereby state that I have been explained fully the probable nde effecw and after effects of the pre-natal di agnostic
31
MAi rr
^i)L__=========-==^^ B*
’^TwiA to undergo the pre-nata!
. ttwfft* •
_____
the possibility of
um carrying*
ducted shew
of 1994y
h of this undertaking Will make m
Date
her companion (Name
Place
<■ ,|ie above consent to the Pa'-iE nt and
Address
1 have explained the contents of the ab
) in a
lagnague she/they
understiind.
and Registration number of Gjnae-
relationship
Saint. signature
cologist
Dat®
Ns ine. address
uc Clinic
and Registration number
of Ckne-
form h
KEO^RAriON.
OF
REOISTBATION
renewals OF
„k
, .PLICATION FOR
MR
ANO
1. Si. NO.
.
..f Aonropriate Antbontj.
2. File number of A-PF
3. Date of roccipt of application for gra
4. Name, Address, Phono/Fax etc
reaistrat on
. of Applicant.
Counselling Centre*,' G«Suc
5. N.™ .-A
<
of issue of orders).
„ R08i„Ui»
allotted
of :rc-
d“
gistration
•ed upto)
9 Renewals (date of renewal and renew
70 File number in which renewals dealt.
lt. Additional information, if any.
Authority
32
THE GAZETTE OE 1NUXA : EX1HA0RD1NARY
[Part JI—Srr. 3(i)]
•--------- XX=r=== ==
Guidance for Appropriate Auihority
(a) Form H is a permamsnt reoerd to be maintained a?; a register, in the custody of the Appropriate Author ity.
(b) *means strike out wcLlier is not applicable.
(c) Against item 7, record date of issue of order in Foi m B c r Form C.
(d) On renewal, the Registration Number of the Geneti: Corbelling Centre/Genetic Laboratory/Cionetic dime
event of change of ownership or management
will not change. A fresh registration Number will be allotted in the
t-----------(e) No registration number shall be allotted twice.
(f) Each Genetic Counseling Centre/Genetic Laboratory/Genetic Clinic may be allotted a folio consisting
of two facing pages of the Register for recording Form H.
(g) The spacx provided for ‘additional information’ may be used for recording susper^ma«^^srejectton of application for renewal, change of ownership/management, outcome of any legal proceedmga,
etc.
(h) Every folio (i.e. 2 pages) of the Register shall be authenticated by signature of the Appropriate Authority,
with date,, and every subsequent entry shall also be similarly authenticated.
Printed by the Manager, Govt, of India Pneta, Ring Rond, Majfii Pun. New Delhi-110064
and Publiabed by tl>c» itoifroHor
P-jbSica ionn, Delhi-11C054, 1996
xftrRft ho TtoqiTo-33004/94
l ;
REGISTERED Na DLe-330(M/94
<
r
k'r'J.I
1
(Sasette of.^xidia
EXTRAORDINARY
w t *1 TT—1
PART II—Section 1
T
sufawnr ir swnfnH
PUBLISHED BY AUTHORITY
HO 74]
No. 74)
iTHT H
nf feFTT,
fHTOTT 20, 1994/WW 29, 1916
NEW DELHI. TUESDAY, SEPTEMBER 20, 1994fBHADRA 29, 1916
fw> Hj?
HWTHH W? FR"
X^TT
H^K I
Scpamk- pnginc i« given to inis Pxrt in order that it may be filed as a separaiecompdatiou
MINISTRY OF LAW JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
Netc Delhi, the 20th September, 1994/Bhadra 29. 1916 (Saku)
i he following Act of Parliament received the assent of the President
on the 2Cth September. 1994, and is hereby published foi general infor
mation:—
DIAGNOSTIC
(REGULA.
THE PRE-NATAL __
___ _______ TECHNIQUES
- __
T1ON AND PREVENTION OF MISUSE) ACT. 1994
No 57 of In94
[201h September, 1994.]
f
An Acr to provide for the reguiation of the use of pre-natal diagnostic
techniques for the purpose 01 detecting genetic or metabolic dis
orders or chromosomal abnormalities or certain congenital mal
formations or sex linked disorders and for the prevention ol tlie
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
Preliminary
1. (1) This Act may be called the Pre-natal Diagnostic Techniques
l Regulation and Prevention of Misuse) Act. 19^4.
extent and
commence
(2) It shall exienu to the whole of India-excepi-iiie-Sttue-of-J^uumu—menL
and Kashmir.
-
■
THE GAZETTE OF INDIA EXTRAORDINARY
[Paxt II—
(5) It ihall come into force on such ditto as the Central Govei ntnent
may. by notiiicauon in the Official Gazette, appoint
DefLni-
2. In this Act, unless the context otherwise requires,
U0Q3.
(a) Appropriate Authority” means the Appropriate
appointed unaer section 17;
Authority
(b) "Board" means the Central Supervisory Board constituted
unoei section 7.
(cj “Genetic Counselling Centre” means an institute, hospital,
nurs.ng home or any place, by whatever name called, which proxiucs
for genetic counselling to patients;
(d) “Genetic Clinic” means a clinic, institute, hospital, nursing
home or any place, by whatever name called, which is used for con
ducting pre-natal diagnostic procedures;
(e) "Genetic Laboratory” means a laboratory and includes a
piace where facilities are provided for conducting analysis or tests
of samples received from Genetic Clinic for pre-natal diagnostic test;
f/)
ecologist” means a person who possesses a
'Ju.iic qualification in gynaecology and obstetrics;
posucra-
(g) ‘‘medical geneticist” means a person who possesses a degree
or diploma or certificate in medical genetics in the field of pre-natal
diagnostic techmoues or has experience of not less than two years in
such field after obtaining—
H) any <me of the med;cal qualifications
the Inman Medical Council Act, 1956; or
recognised
under
102 of 195C.
a post-graduate degree in biological sciences:
'hy “paeciatncian" means a uerson who nossesscs a post-grad’.tJc
a uah fi can on m naeoiatncs:
•ti> "pre-natui d;amos:ic procedures” means all gynaecological or
oosteirical or medical procedures such
ultrasonography foetoscopy,
taking or removing samples of amniotic fluid, chorionic villi, blood
or any tissue cf :: nr*-’^*nnt woman for being sen' in a Genetic Labora
tory or G?neuc Clinic for conducting pre-natal diagnostic test;
'j) “pre-namt diagnostic techniques”
includes all
diagnostic procedures and pre-natal diagnostic tests:
pre-natal
ih*) ■ rre-natal diagnostic test” means ultrasonogiaphy or anv test
or analysis of amniotic fluid, chorionic villi, blood or any tissue of a
prernant woman conducted ;o uetcct gencur o»- metabolic tlisordcrs n»
enrum somal acnormaiiiic«i r;- r-’neenua! 'inomahoq or nncmoglobinopathier or sex-l.T.kcd diseases:
« h -presc red" means prescribed bv rule* made undc< 'his Ari:
(mi • rcrisicrra nica’cr! : ract:tion?r" means a mc'hcal practitioner
who r»nsscy?cs any recognised metrical qualification ns defined in clause
(hl of rcciior. 2 of th? Indian Medical Council Act. 1950. and
•••nose name has beer entered m a State Medical Register;
102 of ]!)3C
!
Stc. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
3
(n) “regulations ’ means regulations framed by the Board under
this Act.
CHAPTER IT
Regulation of Genetic Counshjjng Centhes Genetic .Labuiiawries
and Genetic Clinics
♦
3. On and. from the commencement m 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 Gene
tic Clinic shall employ or
cause to be
employed any person
who
does not possess the prescribed qualifications;
Regula'•oc of
< >enei ic
Counsel
ling
Centres,
Genetic
Ln bora
lories and
Genetic
Clinics.
(3) no medical geneticist, gynaecologist paediatrician registered
medical practitioner or any other person shall conduct or cause to
be conducted or aid in conducting by himself or through my other
person, any pre-natal diagnostic techniques at .a place other than a
place registered under this Act.
CHAPTER III
Regulation of pre-natal djagnoshc iechniques
4. On and from the commencement of this Act,—
(I) 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 terhni.
ques except for the purposes specified in clause (2) and after satis
fying any of the conditions specified in clause (3);
(2) no pre-natal diagnostic techniques shad be conducted except
for the purposes of detection of any of the following
abnormalities,
namely:—
(I) chromosomal abnonnabtics;
(u) genetic metabolic diseases;
(hi) haemoglobinopathies,
(iv) sex-linked genetic diseases;
(v) congenital anomalies;
(vi) any other abnormalities or diseases as in i v be specified
by the Central Supervisor,' Board:
(3) no pre-natal diagnostic techniques shall be used or conducted
unless the person qualified to do so is salisficd^thnt any of Hfc fol
lowing conditions are fulfilled, namely: —
(i) age
thn pregnant woman is above thirty-five
Regulation
of pre
natal
diagnostic
techniques.
4
THE GAZETTE OF INDIA EXTRAORDINARY
(«)
the j----------
pregant woman has undergone of
spontaneous abortions
----- ; or foetal loss;
two
or
more
(ui) the
pregnant woman had been exposed to pountially
•eraiogemc agents such
as drugs, radiation, infection or chemicals;
pre8nant w°™n has a
retard
°r Phy“cal deformities
other goaeuc disease;
famiiy history oi mental
such as spasticity or any
(v) any other condition as
may be specified by the Central
Supervisory Board;
(•*) no
p----- being a relative
person,
or the husband of the pregnant
woman shajj
----- * °r encourage the conduct of any pre-ntial diagnostic techniques
her except for the
purpose specified in clause
(-).
^'Ottrn
codscd:
if
pfcpiunt
-na
5- (1) No person referred
xo in clause (2) of
section 3 shall conduct
he ore-natal diagnostic
procedures unless—
be has explained ah known side
and after effects of such
procea ures to Lfic pregnant woman
concerned;
(b) he has obtained ]- ’
in the prescribed form her i *
written consent
IO undergo sucn proceaures in
the
language
which
she
and
-j understands:
pronjoiuon
of comma.
TlCallDE
"SC
rcx cf
.*OCf US
(c) a copy of her
wrmcn cvnscm obiaincd under ciuuse (b) is
Civen to the
PreCnant woman
No person conducting pre-natal
f
diagnostic procedures
shall
communicate io ■
he pregnant woman concerned
...J or her relatives the sex
the foetus by woras sign? or in nnv other
manner.
£i£Ti5 or in
. Dr rrm.
-J.’IOD
v Or.
<
~tne -ommencemvn: of tnis Act,—
'u') nv •• -/enetic
’
Cuur.>eilinq Centre or Genette Laboratory
or
Laboratory
Genetic Chmc snal| cunu-Ju* u.
Laooratorx or Clinic, urr-natc■ cause to be conducted in its Centre,
L tnagnosuc techniques including ult."□so nor;-nor. ’• for •‘»e o i?«->OKr
cf dctermmmg the sex of a foetus;
(UI no person snail conuuc: or
cjuse to be conducted any
env pre-■itai thagnos.ic :ecnn,q.Jc: .:KJudinc
u’trasonography for the
—j pur-O’e r.' oetermirnng the rex <■< z. (ocluc
SHAFTER IV
.. *..s I KA.
•.on . •
T (1)
- nowr.
r • k \ • '•nr.’i
'.c
■
rtro
. jn
S.iD?r..;
S ip'
•
”'• t nntc-’-c
Ro\kd
nnll
constitute a Board to be
Hon rd to exercise the powers
and
Board under this Act.
coniKi cf —
Eoara.
t
• sm:r.
i
•. m-str-
1F.
•• rn vnnll 1 <
•'r ’ho Ministry or apartment of
• •.airman, rr olhrio;
•«
7 ■
Sec. 1J
5
THE GAZH1TE OF INDIA FXIRAORDINARY
the Secretary to the Government of India in charge
’^e
Department of Family Welfare, who ahull be the Vlce-Uhidrnum.
ex'OjJicio;
(c) two members to be appointed by the Central Government
□ represent the Ministries of Central Government in charge °f
Woman and Child Development and of Law and Justice, ex-offzcio:
(d) the Director General of
Government, ex officio;
Health
(e) ten members to be appointed by
tw-o each from amongst—
Services of
’he
Centre!
the Central Government.
(i) eminent medical geneticists;
A
(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 States:
(g) four members to be appointed by ’he Central Government
by rotation to represent the States and the Union territories, two in
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
ca.se may be, the Union territory;
(h) an officer, not below the rank of a Joint Secretary or
equivalent f the Central Government, in charge of Fnniilv Welfare,
who shall be the Member-Secretary, ex officio.
8. (1) The term of office of a member, other than an ex officio member. shall 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 a casual vacancy occurs in the office of any other members,
his death, resignation or inab’bty io discharge his
whether L.
by reasoni of
(------’ vacancy* shall be filled
f’u^icuons'owing to illness or other incapacity, such
fresh
bv »he Central Government by making a fresh appointment and the
of
member so apoomted shall hold office for «hr •emnindcr of the term
office of the person in whose place he is so appointed.
(3) The Vice-Chairman shall perform such functions
a-ssgned w hun_by_!he_.Chairnian from hme io t’me.
ns mav be
U) The procedure <o be followed by the members in the dischareo
of dien functions shall he Such as may be prescribed.
Term el
oflicr of
member'.
■?*
THE GAZETTE OE
6
INDIA EXTRAORDINARY
[Pa*! II—
• •
and place, and' shall observe
*J. U) -I hc Board shall meet at such time
• . transaction of business at iu
such rules of procedure in regard to the lsuch’ meetings) us may be providec
mecunizs (including the • quorum at J---bv rvculntions:
L’ccun'r
<*i tlk- .
L’onrd.
Proviaea Uiai tlie Board shall meet at
least once in six months.
(2) The Chairman and in his absence the
me meetings of ihe Board.
Vice-Chairman shall preside
unable
if lor any reason the Chairman or the Vice-Chairman is
r other member chosen by the
:o attend any meeting of the Board, any
meeting
shall preside nt the mcctinc.
memners present at the
t
—
~ i up before any meeting of the Boaru
(•Ji Al, Questions which come
snail be decided by a majority of
l. 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, shall have and exeicxse a second orcnsiing
vote.
ij , Members other than c.r o#icio members shall receive such allowar.ces. .i anv. from the Board as
Xo act or proceeding of the Board shall be invalid merely
reason of—
delect in the constitution of,
(di any vacancy in, or anv
10
;ini j
nvji<J J* -*
r.rccecd.
.ngs
or ihe
Board
by
the
Board: or
(b) anv defect in the appointment of a person acting as a member of tbe Board: or
any irregularity in ti>e procedure of the Board not affecting
the merits of the case.
i ci
. . .nr.c
n.
lilt
Eo.-.rj
T
carucvlv’
t'urro*c<
associate with itself, in such manner and for
11 , / i The Board
imined bv regulations, any person whose
suer, purposvr ' may c>e aete
desire
in canying out any of the provisions
assistance or □cvice it mav
r: :nis Ac:
(2) .A person associated with it bv the Board under sub-section (2)
lor any purpose shall have a right to take partt in the discussions relevant
to vote at a meeting of the
to that purpose, but shall not have ai right
i
for
any
other
purpose.
Board and shall not be a memoer f_.
.
of enabling it efficiently to discharge
\ppoir.i-
ment f'*
oiDtcii
and
other
cm-
riovee^ r»f
it»c
BrrT.'
on deputation or othermay be made in this bahalf. appoint (whether
and
other
employees
as it may consider
wise) such number of officers a..— —
necessarv
Provided that the appointment of such categorv of officers, as may
such reguiut'.ons. shall be subject to the approval of the
uv specifier, in
Crntra. Government
r emoiovee appointed by the Board shall be
-nvn'-ijno- .
,.ia. he roctHicd in the regulations.
*
> 4i ’ •
I . ’
Sec. 1]
<
THE G/\ZEITE OF INDIA EXTRAORDINARY
7
13. All orders and decisions of the Board shall be authenticated by A ulhcn lica
rion of
the signature of the Chairman or any other member authorised by the
orders and
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 sinimcttix
*»! the
ofiiccr of the Board authorised in like manner in this behalf.
Board.
14. A person shall be disqualified ior being appointed as a member
if, he—
(u) has been convicted and sentenced to imprisonment for an
••'•Hence which, in the opinion of the Central Government, involves
moral turpitude; or
I
i
DisqmdiGcitiofis
lor
appoint
ment Qi
menilKt.
(b) is an undischarged insolvent; or
i
tej is of unsound mind and stands so declared by a competent
court; op
(d) has been removed or dismissed from the service of
the
Government or a Corporation owned or controlled by the Govemment; or
(e) has. in the opinion
of the Central Government,
such
financial or other interest in the Board as is likely to affect prejudicially the discharge by him of his functions as a member; nr
(/) has. in the opinion of the Central Government, been asso
ciated witli 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 b«‘
prescribed, any person ceasing to be a member shall he eligible for reappointment as such member.
!G. The Board shall have the following functions, namely: —
(i) to advise the Government on policy matters relating to use
i'i pre-natal diagnostic techniques;
l Hjubiiii}
<»f member
for reuppointni» nt.
Func
tions
of the
Board.
(ii) to review implementation ?f the Act and the rules made
tnereunder and recommend changes in the said Act and rules to the
Central Government;
(:ti) to create nubhc awareness against ihe practice of pre-natal
.letermination of se:: and female foeticide;
(iu) to lay down code of conduct to be observed by persons
working nt Genetic Counselling Centres. Genetic Laboratories and
Genetic Clinics;
(h) anv other functions as may be specified under the Act.
CHAPTER V
AppRorniArn Authority and Advisory Committee
17. (/) The Central Government shall appoint, by notification in the
^'.Ticial Gazette, one or more Appropriate Authorities 'for each of the
Tnion territoric.’ for the purposes of this Act.
Appro
priate
- Amho
rity and
Xdvisory
THE GAZEITE OF INDIA EXTRAORDINARY
S
[Pamt U—
(2) The State Government shall appoint, by notification in the Offi
cial Gazette, one or more Appropriate Authorities for the whole or port
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
(< )» or sub-section (2) shall be.—
section (/
Authorities under
sub
(a j wnen appointed for the whole of the State or the Union
territory, of or above tlie rank of the Joint Director of Health and
Famil* Welfare; and
lb.’ when appointed fo> any part of the State or
the Union
:err:tor\. of such other rank as the State Government or the Cen
tra; Government as the case may be. may deem fit.
(4) The Appropriate Authority shall have the following functions,
name: v: —
tai to giant, susoend or cancel registration of a Genetic Counselling Centre. Genetic Laboratory or Genetic Clinic;
(u) to enforce standards presciibed for the Genetic Counselling
Centre. Genetic Laboratory and Genetic Clinic;
investigate comolaints of breach of the provisions of this
.Act or the rules mnae ’.hereunder and take immediate action; and
(C !
10
to seeE. and consider the advice of the Advisory Committee,
(5). on application for registration
constituted under sub-section (5).
on complaint^ for suspension oi cancellation of registration.
tdi
(5 i The Centra! Government or the State Government, ns the case
mav 5c. sr. all constitute an Advisory Committee for each Appropriate
Autnontx to aid and advise the Appropriate Authority in the discharge
of its functions and shall appoint one of the members of the Advisor,'
Commir.v? "n
n oo
oc its
:ts Chairman.
Aavisorv Corr, mi tier shall consist of—
(6 j
from amongst gynaecologists, obsteri) ■jirce mvaicz. experts
mtGical
geneticists:
cians. paediatricians ano
(b i
one legal expert:
(Ci
one officer to represent the department dealing with infor-
manor, and publicity of the State Government or the Union terrilory as the case may be:
(d) tnree eminent social workers of whom not less than one
snail be from amongst representatives of women’s organisations.
(7) \’o person
’he opinion
person who.
who. in
in the
opinion of the Central Government or the
State Government as the case may be. has been associated with the use
r rrnmoiion of ore-natal diagnostic technique for determination of sex
'•nail re .loonin’ec as a member of the Advisory Committee.
(\, y* .\c\ isorv Committee ni.iv meet as and when it thinks fit o<
;nv rccucst of the Appropriate Authority for consideration of any,
application for registration or □ nv comolaint for suspension or cancclla-
'.;or
TT’.t”a:ion and m rive advice thereon:
Sec. 1]
THE uAZETlE OF INDIA EXTRAORDINARY
9
Provided that the 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 Genetic 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 (I), shall b^
made to the Appropriate Authority in such form and in such manner and
shall be accompanied by such fees as may be prescribed.
Regutratioa
of Genetic
Counselling
Centres,
Genetic
Laboratories
or
Genetic
Clinics.
(3) Every Genetic Counselling Centre, Genetic Laboratory or Genetic
Clinic engaged, either partly or exclusively, in counselling or conduct
ing pre-natal diagnostic techniques for any of the purposes mentioned in
■ section 4, immediately before the 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
of commencement of this Act unless such Centra, Labotatory or Clinic
has applied for registration and is so registered separately or jointly or
till such application is disposed c 5, whichever is earlier.
•
-or Genetic
(5) i\’o Genetic Counselling Centre. Genetic "Laboratory
'.mder this Act unless the Appropriate AuthoClinic shall be registered
i
satisfied
that
such
Ccn
’rc. La bora tor y or Clinic is in a position to
rity is
facilities,
maintain
such equ'pment and standards as may
provide such
be prescribed
* , shall, after holding an inquiry Certificate
19. (/) The Approoriate Authority
has complied with all the of regis
and after satisfying itself that the aonlicant
-tration.
requ'rements of this Act and the
rules made thereunder and having
Committee
in
this
behalf,
grant
a
regard to the advice of the Advisory
form jointly or separately to
certificate of registration in the pic'.cribed
l-- Clinic,
the Genetic Counselling Centre. Genetic Laboratory or Genetic
as the case may be.
(2) IT. after the inquiry and after giving an opportunity of being
i iv* »u regard to tl>e advice of the Advisory
heard to the npplicunt 2”d havine
Author:ty Js”satisfied that the applicant has
Committee, the Approoriate x-_
‘3 of this Act or the rules. itFsnalL
not complied with the requirements
be' recorded’in v.-n'.ine. reject the application for regtsfor reasons to L- -----♦ration.
10
THE GAZETTE OF INDIA EXTRAORD1NARY
[Pamt n—
(3) Every certificate of registration sliall 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 Centie. Genetic Laboratory or Genetic Clinic in a
conspicuous place at its place of business.
Cancella
tion or
'ipnension o:
rcgutrauoD.
20. (1) The Appropriate /Xuthoritv may suo inoio, or on complaint,
issue a nuucc to the Genetic Counselling Centie, Genetic Laboratory or
Genc;.c Clinic to snow cause wny its registration
should not be sus
pended 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 2nd
having regard to the advice of the Advisory Committee, the Appropriate
Authority is satisfied that there has been a breach of the provisions of
this Act or tne rules, it may. without prejudice to anv criminal action
‘.hat it may take against such Centre. Liboratory or Clinic, suspend its
registration fur ^uch period as it may think fit or cancel its registration,
as the cate may be.
iJ.i NuiAiuuuad-jiv
jiivtlnng
cuntjincd in
in
sub-scciions (1) and
Ch if me Appropriate Authonn. is. of the trpinion that it is necessary
nr expedient >.o to do in the public intciest. it may, for reasons to be
recorded in writing, suspend the registration of anv Genetic Counselling
Centre. Genetic Laboratory or Genelic Clinic without issuing any such
nonce reierreu to m sub-section (1 )
Appeal
21 The Genetic Counselling Centre. Genetic Laboratory or Genetic
Cnmc may within tnir:\ da\s from the date of receipt of the order of
sujocnsion or cancellation of reg’Str ‘lion passed by the
Appropriate
Autnonyv ar.uer section 20 prefer an appeal against such order to—
1 :1
orccr -
Hie Cent 1 al
’.r.c Centra,
in
tnc
-t- mr?’’
-.3. -
(
■. *. 1 c
oruvi
. ernznent. where the appeal is
^rjooriute Authority; ano
:u1e
against
the
wlierr the appeal is against
•Xuiromy,
the
prvscriDea manner
CHAPTEB VII
Utrt\7L^ and pinalties
Proltinmon
of auvernsemcn:
rciaiinc to
pr r-01111.1
dcicrinina
linn u! sex
jnd pnnuhment lor
cantrT.en••or.
-2. (J)
N". 1 11 ji \ui,
orrin.
thnciic Cuunscibng Centre, Genetic
Lu bo rat o'* or ti.Tiri:. /.in.i
'••u.. issue nr cause to be issued any adverlinemen; m an\ nir.i n< ’ • •
-’n’or- ficiiities of pre-nntnl clclorminntion
nf
. vl" '1.1..
: xuci
•
..ihnrniury, CHnic or nny other place.
• 't."
l -.T MV.
r.vi !:
facilitipCnur.se:
rlacc
•.
it -jt .
nr*,-r,.a
Cjr.tic
:
.
iific.-r
■ r ..nah publish or distribute or cause to
• n crtiscment in anv manner regarding
'
0. so:
available at any Genetic
Laooratnrv;- Genetic Clinic "or“ any other
Fxc. 1]
THE GAZE] IE OF INDIA EX I R.UJRD1NARY
11
I
(3) Any person who contravenes the provisions of sub-section (1) or
sub-section (2) shall be punishable with iniprisomncnt for a term which
may extend to three years and with line which may extend to ten thousand
rupees. •
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 m'-'ans 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 Ccniic. a Genetic
Laboratory or a Genetic Clinic or is employed in such a Centre, Labnratory or Clinic and renders hig 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
a
rules made thereunder shall be punishable with imprisonment for
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 may extend to
fifty thousand rupees.
Offc—a
and.
pvnal.ics.
has been
(2) The name of the registered medical nractitiono*- who
ihe
convicted by the court under sub-section (1), shall be reported by
Appropriate Authority to the respective State Mnd'cnl 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”ctin^ nrr-natal diagnostic
techniques on anv pregnant woman (including such ’vnman unless she wag
compelled to undergo such diagnostic techniques) for pumoses o'her than
those specified in clause f?) of section 4. sMl], h*" punishable ■with impri
sonment for a term which mav extend tn thref' >-rnrn and with finewhirh
mav extend to ten thousand rupees and on any svb’cqucnt ronvirtion 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 presume unless the contrary is proved that the pregnant
undergo
woman has been compelled by her husband or the relative to
for
abetshell
be
linb
’c
pre-natal diagnotic lechniquc and such person :
ment of offence under sub-section (7) of section 2< and shall bo punishable for the offence specified under that rootion.
25. Whoever contravenes any of the provisions m this Act or any
pro.
’ em -vwhere
rules made thereunder, for which no penally ’’
term
fo>
‘
i
vided in this Act. shall be punishable with
which may cx’c??d tn) three months, o: with fine, which may e?:tcn<lI to
enntrnone thousand rupees or
< with both .and in the ca'-c of roniinuing
vention with an additional fine which may c'nt^-^^h-c hmtdretl-t-tipees
for even- day during which such contravention '-nn!1nvos> aHor conviction
for the first such contravention..
?rcuimplion in the
case of
conduct of
pre-natal
diagnostic
techniques.
Fcnnlty
c’tmia*
vent ion of
tin: pruvi►ions of tbo
Act or ruler
which . ^~
LO specific
punishment
is provided-
I
Offences
by. com
panies.
26. (1) Where any offence, punishable under this Act has been com
mitted by a company, eveiy person who. at die time
the offence .was
committed was in charge of. and «was icsi»onsiblc io. die company for ihc
conduct of the business of the company, a- v-'v -i]
’l as the company, xhnll bo
deemed io be rudtv of the offence and shall be Hable to be proceeded
against and pumsned accordingly:
Provided that nothing contained in this sub-section shall render any
sucn person liable io nnv punishment if h** nrnvrs ihni die o(Tcnce was
commiued without h;« knowledge nr ihn* h»- hnd exercised all due ’Uli.
gencc 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’
ana :: is proved that the offence has been committed with the consent
or connivance of. or ip attributable tn nnv neglect on the part
of. anv
director, manarer. secretary’ or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty
of
that offence and shall be liable ’o be proceeded against and punished
accordingly.
EirDlanaunn —Fcr ihc purposes of ibis section.—
(ci "company” mcanc nnv bod-- rrrpcrnte and includes a firm or
other nssocntion of individuals, and
(b) "director’’, in relation to a firm, means a partner in the firm.
Offence to
be cogoiznoie. dodtauabie
eno noncorn pound-
27. Ever;, oilcncc pnikr
non-c cm rxiun cable
th.s
Act • h II lx* comizriblc. non-b:iil;ib1c :ind
ct
CocoizJiDce
c: odcncct.
28 (.’) ?.n rn-«-•n’.m ••ngTr.r.’inr'' of ,-n orcncc under this
excent or a comoln’nt made bv—
Act
(a) the .Annropnate A.uthcri’v rnnrornec. nr anv officer nuthorisen in thtr» hrhalf ’-v ‘hr Crn’rnl Cnvcrnment nr State Govommenf.
as th** case mnv be. nr *.nc Aonronriair Au’horitv; or
fb) a nerson who has •••v*'n r»nt:r^ of oot less than thirty
days
in the manner nrr^rnbr*4 io the
Arnn'nrhnir Authnriiv.
nf the
'v -n'o’Vinn to n-’n’m n mmplninf to the court.
alleged nfTcncr and nr his
F.^TDlarmfin-r.—For fbc
’rnn<-A of fh;«t House, “neimn”
includes n
social orrarusa’-nn
(2) Nn court nrher ’han 'lo»
n AAnimno’-’tnn V’a'nsimtr nr a Judirial . *arns:r"*ip of rSc first
chntt »r,. any ^rrenrr nun’shnblc
nndrr
’hrs Act
KS
mnr’r
Mnrrr r'ntTcr f.»») of
mh-
ser’-Qn
’",n rn’”-- "^nv
(’pn^?nr
enrs norsnn dirrrr the Appro.
nnatp AuThnruv tn mn’m vndnb’c ror>-ec r>r fho relevant icrords in
ifM
pn*^f»rcinr In •-|;rn iz-rrnp
i
Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
13
CHAPTER VIII
Miscellaneous
all
23. (/) All records, charts, forms, reports, consent letters and
other documents required to be maintained under this Act and the rules
shall be preserved for a period of two .years or fur such period as may lx?
prescribed:
I
Main to*
nance of
records.
Provided that, if any
criminal or other proceedings arc
instituted
against any Genetic Counselling Centre,
Genetic Laboratory
or Genetic
Clime, the records'and all other documents of such Centre, Laboratory ox*
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. (I) 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 all reasonable times with such
assistance, if any, as such authority or officer considers
necessary, such
Genetic Counselling Centre, Genetic Laboratory or Genetic
Clinic and
examine any record, register, document, book, pamphlet, advertisement or
any other material object found therein and seize the same if such 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.
relating
(2) The provisions of the Code of Criminal Procedure. 1973
oi
far
as
may
be.
apply
to
every
search
to searches and sciznres shall, so
seizure made under this Act.
legal proceeding shall lie
against
31. No suit, prosecution or other
the
Appropriate
Authority
or
any
the Central or the State Government or
Stale
Government
or
by
the
Authority
officer authorised by the Central or
for anything which is in good faith done or intruded Io be done in pursuancc of the provisions of this.Act.
Protection
of action
taken in
good faith.
32. (1) The Central Government may make rules for carrying out the
provisions of this Act.
Power to
make rule*.
(2) In particular and without preiudicc. to the "encraliiy oT the fore
going power, such rules may provide for—
(i) the minimum qualifications for persons employed al a regis
tered Genetic Counselling Centre. Genetic
Laboratory or Genetic
Clinic under clause (/) of section 3;
</7) the form in which consent of a pregnant woman has Io be
obtained under section 5:
(f/’O the procedure to be followed by-thc~nicmbcrs--of-thc—(Amtml
functions under sub*
Supervisory Board in (he discharge of their
section (4) of section 8;
i
THE GAZETTE OF INDIA EXTRAORDINARY
14
(iv) allowances for members other than r.v (tfJicio
IPawt n—
members
admissible under sub-section (5) of section 9;
(v)
1w<» nirrtiiipx nf Ihr
(v) the
the period
period intervening
intervening Ix'twrrn
Ix'twrrn nny
nny
Adviboiy Coninnitec undci the puniso to sub sevtum (/‘I of suction 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;
(vii) the form and manner in which an
application shall be
made for registration and the fee payable thereof under sub-section
(2) of section 18;
(viii) the facilities to be provided, equipment and other stanriarris io be maintained by the Genetic Counscllinc Centre. Genetic
Genetic Clinic under rub-section (5) of section 18:
Laboratory or <----------- certificate of registration
(ix) the form in which a
(/)
of
section
19;
issued under sub-section
shall be
‘i :» certificate
which nnd the period after which
(x) the manner in
the fee payable for ruch renewal
of registration shall be renewed and I
under sub-section (3) of section 19.
which an appeal may be
(xi) the manner :n
section 21;
preferred under
(xii) the period up io which r-conls. charts, etc., shall lx? pre
(x/i i
the period up
served under sub-section (I> of section 29.
(xnu) the manner in which the seizure of documents, records,
objects, etc • shall »'r made nnd thr manner in which seizure bst shall
be pren’red and delivered tn the n^renn from whose custody such
under sub-section (1) of
documents records o- «»biccts v ere crized
’.
secnon ?0;
( in i ?nv omcr matter that ,s
er ibed.
Power
to tmxe
rcjruU*
Uonu
rcduircd to be. or may be* pres*
ith the prcvinos sanction of the Central Gov33 The Board mav
make
rrgulntions not
emment. bv notification «n ih'- OfTirinl Gazette.
and
the
rules
made thereinconsistent with the provisions r( this Act
under to preside for—
of the Board nnd the
(a) the time and Piner of the meeting
for the transaction of business at such
K»li<n\
.
’
J
• procedure to ho
members which shall form the quorum
-----------meetings and the numtx-'
(
]
I
p
(
section
9:
under sun-section • - ■
cd
(h) the manner .............
.i rersnn imy he tcinpomrily associat....... the Bond
r^MX-Hon ( M .4 action II.
* uo-MX'Hon
the .ernes
m.-h.-l . -1
..... ..
-hr .ondn.nns <-r service nn.i
j-.i-ntmcn'
pnv .nd i.n.^ancvx of the ofT.cer □■><! other employees
of the Board anpointprl under section 12;------ ----------------- —-------- --
(J} pcncrallv (or --h rduK-tn conduct
.»f the nfTnirs of the Board.
•
5eC. 1|
1
15
THE GAZE-/lb OF INDIA EXTRAORDINARY
34. Every tule and every regulation made under this Act shall be laid,
as soon as may be alter it is made, before each House of Parliament,
while it is in session, for a total period of* thirty days which may be comprised in one session or in two or more successive sessions, and if, before
tile expiry of tho session ininudiateiy foilowing 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, iliac any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule or regulation.
K. L. MOlHANPURIA,
Secy, to the Govt, of India.
i
PRINTED UY THE AtANACU. GOVERNMENr OF INDIA PRESS. MINK) ROAD
4N0 FUDUSllED BY THE CONTROLULR OF PUBLICATIONS, DELHI,
NEW DEUII
1994.
Rule* and
rcjuJalions to
bo laid
before
Parlia
ment.
DRAFT
*
GOVERNMENT OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE
DEPARTMENT OF FAMILY WELFARE
Proposed Amendments in PNDT Aet 1994
TITLE
1.
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 Title:
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.
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/iniaging 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. ”
6.
Substitute Sub Section (g) of Section 2 with the following: "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, 195e>: or
(ii) a post graduate degree in biological sciences”;
7.
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 amniiuic 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 (k) 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) “Embryo”
means a developing human organism afterfertilization till the end of eight
weeks (56 days).
(r) “Foetus ”
means a human organism during the period of its development beginning
on the 57f/l day following fertilization or creation (excluding any time in
which its development has been suspended) and ending at birth.
(s)
“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
LAP-ORATORIES AND GENETIC CLINICS.
10.
Amendment of section 3:
Existing; sub-section (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
3
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: Unuualified person should not be employed by the centre/ clinic/
laboratory.
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 ma:i 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)
(iv)
(v)
the pregnant 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.
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.
:1k 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.ietic disease:
an} 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
A
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 h im 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 any 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 any 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)J
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, Law and Justice and Indian 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 qf 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 technique.
Justification: Inclusion 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
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:u(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:
a16-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:
d)
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
(v)
to review the activities of the Apffropriate 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 Rules 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.
.4// !• other functions as may be specified in the Act.
(2)
The Stcite/UT Supervisory Board shall consist of
(H)
(Hi)
(iv)
(a)
.7;/
(c)
(d,
(e)
(f)
(h)
(3)
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)
eminent gynaecologian & Obstetricians/ Stri
(Hi)
Roga/Prasuti Tantra
(iv)
eminent pediatrician
(V)
eminent radiologists/sonologist
An officer not below the rank of Joint Director incharge
of Family Welfare will 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
Assembly or Chairperson/Deputy Chairperson of the Legislative
Council, she shall ceased to be a member of the Board.
(7)
(8)
(9)
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
the board shall follow
procedures and conditions as applicable to the Central
Supervisory Board.
.lustificatb 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
APPR0PR1A I'E AUTHORITY AND ADVISORY COMMITTEE
25.
Amendment of Section 17
Existing 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 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 an officer of or above the rank of the Joint Director of Health
(i)
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
)
(U)
(Hi)
an eminent woman representing yeomen "s organization; and
an officer of Law Department of State/UT concerned.
Provided that it shall be the duty of the Government of the
Statc/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)
>
(J')
(g)
(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 s$x selection.
Add: Section 17A - Powers of Appropriate Authorities:
17-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:
(a)
(b)
(c)
(d)
(e)
(fi
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 funciions.
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)J
29.
Existing Section 17(7)
17(7) No person, who in the opinion of the Central Government or the stale
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 Advisorv Committee.
Suggested Section 17(7)
17(7) No person, who in the opinion of the Central Government or the stale
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 separately 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 iition of Sections 22(1 A) and 22(2A) have been dropped and
sub-sections (1) and (2) of Section 22 modified in view of Ministry of Law’s
suggestion - para No.2(ix)]
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
1 M- 2-
e
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 othenv ise.
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, liuht.
sound, smoke or gas.
35.
Add Section 22(-l):
[the proposed addition of Section 22(4) has been dropped in view of Ministry of
Law’s suggestion - para No. 2(x)]
36.
Amendment of Sub Section 23(2)
Existing Sub Sec ion 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.
37.
Amendment of Section 23(3)
Existing Section 23(3)
2j(j): 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 sec: ion 23 and shall be punishable for the offence specified under
that section.
15
I
I
•p
39.
Amendment of Section 28(1)
Existing Section 28(1)
Cognizance of of fence: Sec 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 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.
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 w ho 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.
CHAPTER VIII
MISCELLANEOUS
40.
. 'it**
•»<.
Existing Section 30(1)
•i
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
. . V *
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.
i
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, geneiic clinic or any other place such authority or any officer
authorized thereo!' 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 may 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
Add: Following Section may be added after Section 34 of the Act:“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
|
Statement of Objects and Reasons:
The prenaial 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. It 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.
I
1
18
.vii
0
IN THE SUPREME COURT OF INDIA
u
CiVIL ORIGINAL JURISDICTION
J
0
WRIT PETITION (CIVIL) No. 301 of 2000
Centre for Enquiry Into Health
And Allied Themes (CEHAT) & Ors.
>
' Petitioners
Versus
)
)
.
Respondents
Union of India & Others
I
ORDER
It is unfortunate that for one reason or tlie other, tlie practice of female i
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
/
V
A
7**
I
is misused to get rid
,
Unfortunately, developed medrerd «»
, -rit
of a girt child before btrit.
Knowing full well that ■» is
- buiuoial and
“““
Mont
d,ild is
,• j as well as it may amount to
io an otlence.
unethical as wen a
hfta
iU£dified d<«*« or compounders.
aborted by qu»l®ed “J
where feumle iutadcide is
affected ovemli sex ratio in various States
prevoilius without any lmuhm'“-
^rotti.d-—
“dbt‘s
■
a
^.onftbePNDTMn.^"-
i q.gi (hereinafter rcteirca
w , Of the Act is to prevent tire nnsuse
that
the
object
ot
pro\’’idc.5
of such
i
Widened for matterseonnededthere,
cur,: into force horn 1* Jmruuov 1996.
i
by the State Goyermneuts.
Hem •
by ±« 'entrfll Government or
to Court under Arid.
to
approach
petitioner, are required
is the centre for Enquiry Into
of rhe petitioners
Coiksututiorof India. On®
research center cf
twth end .llied Tl— «:EHAT’ 'V“iCb “
. . ‘••.♦/../'yr
JJI :
2
^..ndhan True, based in Pun. J Mnmbni. Second Miton.r i. Mehile
Sarongeen UdUrsh Manddl (MAsuH)
Mabarashtra and,
the third petitioner ia Dr. Sabti M. Oeorgea wh^ia^tas sperience and
toohnioai knowMg. i" «1» A-M- *«“ ««“» of thia petition, thia Court
:
issued notices to the concerned partie, on MJOOO. It took nearly otta year
fcr the various States to file their affidavits in Bply/written submission.
Prime fimio it appoan that drrtpite ' th. PHOT Ant being enacted by th. ' _
Parliament five years back, neither the Sure Goverrtnents nor the Central
Government has mken appropriate aotiomt fer its implementation, Hence,
after considering the respective submissions n,de at th. time of hearing of
this matter, as suggested by the learned Attorney General for india. Mr. Soil
I. Sorabjee foilowing direction, m. Lsued on th. b«.i. of wriou. provision,
for the proper implementation of the PNDT Act- -
I.
c.
c
Directions to th« Antral Government
1.
The Central Government is directed to'ereate public awarenesr
egainrt th. practice of pre-nrtal dete^rihation of » and female
foeticide through appropriate Xlemres/pmgmmmes in the
dectionlc media. This shall also be don. by Central Supervisor/
c
c
c
c
4
Board ("CSB" for short) a. provided under Section l«iii) of the
»
2.
PNDT Act.
no Contrd GovOTment in dueoted io implement with all v,eor
and real tlw PNDT Act and the Rules farmed in 1996. Rule 15
provides that the intervening period between two meetings of the
instituted under sub-section (5) of
Advimry Cornmittees coi
Sooiion 17 of the PNDT Act to
shall not exceed 60 days.
adviao tho appropriate authority
It would be seen that this Rule is
strictly adhered to.
IL
™r,m the central Sut.ervt.nrY Bnpri
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
ted members under Section 7(2Xe)
which includes eminent
medical practitioners including eminent
representatives
social scientists and
of women wel&re organizations. We hope that
this power will be exercised so as
to include those persons who
erut genuinely sprue some time far implementation of the Act.
K-
o
5
Wtionofib'*"-
4 mo°itor
Th.CSD»h«>''”i”'“'
the impl”®1011
.
2.
[Re.
3
■
StaWUT-APP^
Section
M issue duecitons «
The CSB si
..AcL These retu®5
M fund...
'
-a working of Uie
entation and
-iboufeon the implein'
kuthonu«o •
—Ltain spec
ihould inter alia com
SI
,f the Actf bodies SP00'^edinseciionJo'
Sur/ey o
G)
,f bodies spec*
(perfttiuS in
Kegistration o'
isterea bodies
00
•-at non-rcSisU
Action
(iii)
taken
a gainst
of section
3 of the Act,
inclusive of
rch and
violnti011
*
of records.
Authorities under I
seizure
^edb/ioAphropno^
(iv)
Complaints
tekatpur^^0'
conducted and
efsw^enntP^'
t)umb«»‘i“*Wre
(v)
4.
41-.
. Ur •’
•
»
therefromIceep’mg in
result^*8^
,Mitv to amend <heA«
kecessny
“7 w
-tered m
,baU examine the necc^
es end difficuhies ..en00*
The CSB s.
- , techno^3
' reoonun.ndudotl8 to the
mind emerges /
e^d to
impl«utenU‘i»“ °f
•- sccfionlsi
--rr.
.qL [Re. I-
central Oovet®0"
;■
...I
)
)
)
6
)
)
of oonduo. under..eto
J
5.
)
The CSD s'hall lay down a
workins in bodies speoilW
ibserved by persons
of Ih.e Act to be o
tliat public at large can
th„.n and in enanre its pubiication so
)
2
luiov/ about it.
)
nKdittl professional bodies/associations >o
The CSB will require
6.
-areness against die pracdce of pK-na1
determination
create
. . ,
. to onsuro implementation
d female footicide and to enau
of sox OU'
>
of the
Act.
)
I
ill.
M
3
?
3
1.
»rttc/UT Administrations arc
AU State Governmuits/U
b,. norifienrion,
0
3
directed to
AWreP"”’
by
aPP
•
d sub-district levels and also Advisory
Audiorides at district an
^d and advise the Appropriate Audion .
Committees to
of it3 fictions [Re. Section 17(5)].
discharge
For the
kn it is hoped that members of the said
Advisory’ Committee also, it
•led under sectioned) should be 9uch
Committee as provided ,un
.
nme for the work assign
who can devote sonic
A
them,
i
o
7
'' entsAJT Admini8traVon9 ar0 direCt
AH State Governments/UT
1
2.
deetronio media inits respective State/UT.
AH StttS GovemmeuteAfr AdmimstrnUon,
3.
are directed to
publie awareness against d» pmodee
create
of
ses
faamale
of pre-natal
foeticide
,1,r0USl'
detenuiimtion
.
•
—
advertisement in m F
Mdollwrapproprtnte means.
GoveernnemsOT Mmimstmtions me
4.
All State
ensure that all
directed to
furnish
gBteVr Appropriate. Authonhes K-
tire
to the CSB eivta8 “ report
r'POr' 0”
qMrterly returns
tapUmentatlon;naWorHngot.heAo..,.n.s
• .necific information about. inter alia contain specitx
gurv6yOfbodies specified in section 3 of the .
(i)
Registration of bodies specified in section 3 ot t r
(ii)
(iii)
against non-registered bodies opermm. m
Action
rfdnJofthgAct.inclustvcofseareim
violation of sc
J
seizure ofrco°rd9-
(iv)
.
•**, rf
,
, . B ^tved by. titcApproprime Audtonnes
Coinplaints recei
thereto.
under the Act and. action taken
taken pursuant
pu,
M
Number and nature of awareness
(v)
8
conducted
c-ampai&ns
I
and results flowing therefrom.
IV.
1.
Appropr^te Authorities are
against any person
'y
directed to take prompt action j •
or body who issues
or causes to be issued
'delation of section 22 of the Act.
any advertisement in vi<
directed to take prompt action
AppropnUs Authonis are
section 3 of the Act as also
against all bodies specified’ in
without a valid certificate
against persons who are operating
:l
I
:I
I
of registration under the Act.
3.
AU StaxeAJT Appropriate Authorities are
directed to furnish
J
report on Hie
the
CSB
giving
a
quarterly returns to
These returns should
ixnpiementation and working of the Act.
I
inter alia contain specific
CO
(5i)
information about -
Survey of bodies specified in sec';tion 3 of the Act.
Rogiutration of bodi«
“
section 3 of the Act
indodiUS bxlfa using ultrasound machines.
I
I
i
11
I’.
Ii
9
„
bodl.. OP-** *
°
,
o£ search ond
■ ,ofthcA”,ito*s‘V'Of
violation of scohon 3 of th
Action taken off
(iii)
seizure of recoris. . ..
ApptoP”- A"*OnU"
C»mpl-“ "MiW‘
(iv)
“
irtuant thereto.
under-theMt^aetion.^
.s campaign conducted
HunrUr-an
am —f
(V)
uud^ulU flowins thoron-;
1
directed
itsrtJ„ion Teaton'"
Qovernmen
CSB and tire State Uo
Court on or before 30'
to report to
matter on
July 2001. Li”*0
a
directions at tt>e L0110111 '
I
6.82001 for further
J.
lM f * t-*-* *
* .
i, shah)
14
New Delhi.
May 4, ZOO''.
i:.
J.
.r
\
»» 'it’t »h4|
..
,5 »‘t •**<
•
* uxi
’ V0V’** *•
.tyf it i; h
•^.1
ci
V d'.N0^4T&/2000/SC/PJLC
OUT TODAY
MATTER FOR ’
10.8.2001
DATED: 8th August, 2001
FROM :
Inder Pal
Assistant Regist.rar(PIL.CELL)
TO
Mr. D'S., Mahra, Advocate... • .
.
.
•■■■
- .•
■ ’•.? .
-
.
IN THE MATTER OF:
;... •
.*■
■
. -y
.<?.
WRIT PETITION (CIVIL) NO
(Under Article 32 of the Constitution of India;
. . . Pe t .i t i oners
Centre for Enquiry into Health and Allied
'■ '
Themes (CEHAT) & Ors.
; >
■ ' '
Versus
■A
.. Respondents
Union of India & Ors.
■
.
.
Sir,
I
am
to
above-mentioned
6th
i nform
you
that
;i‘-
\
A- ■
■
. ••
.
■
:
••
Writ
the
■
Petition
came up.for hearing before?the Court
■
•*
on
’
August, 2001 when the Court was pleased to;pass
fol lowing Order:-
"As per the office Report .dated
x'the
the
2001
___
fol lowing
2nd
August
Territories
have
not
.'filed
States/Un ion
spec
i f ic
despite
s
.
their
affidavits
d i rect i ons.
Pradesh,
of
Arunachal
State
Chhatt ishgarh, Gujarat,
Assam, Bihar,
< Kashmi r,
Pradesh,, Jammu . &
H i machaI
Jharkhand, KeraI a,, Maharashtra, Main i pur ,
Nagaland, •’ Sikkim,
MeghaIaya, Mizoram,
.• Uttar
P
Nadu,
Tripura,
Pradesh
Tamil Nadu, Tripura
Terr
i
t
ory
of
Andaman
Uttaranchal , Union
_____ _ds-^ Chand i’garh,
Pariah &
N i cobar Islan
'jagar Have
Nagar
---- I i and Lakshadweep .
However, learned counsel for some
after 2nd
of the States submit that on or tendered
2001 some States have
August,
the
grr--
V
r
2 '
J
j
• <
the i,,r af f i dav it. Hence office to prepare
a fresh Report and submt V to th is Court
i
on 10th August, 2001.'
In the meanwhile, learned counsel
appearing for the Union of. India to.
prepare
a
chart
stating how i^many
States/Union Territories Have complied
with the directions Issued by this Court
and also to state specifically “Which
directions are not comp I i ed. wi th. ■
For
the time being Registry to supply copies
of the affidavits to the counselfor
Union of India as well as to tho counsel
for the petitioner.
Adjourned to 10.8.2001.
As per directions of the Court, you ace requested
file forthwith, a chart stating how many States/Union
by
Terri tor i es have complied with the directions issued
to
this
Cour t
and
a I so
to
state
d i rect i ons are not comp lied with.
specifically
■ I'•
■
X
-i
Yours faithfully,
ASSISTANT REGISTRAR
, '-.i
■ I.
V .■
which
i
Court No.
i I i-M no -S'
SECT I,ON PI IA/N MATTER
8
I
COURT
OF
RECORD OF PROCEEDINGS
-- ,
SUPREME*
f
\s’r 11.
I N D I A
r
Petition(CiviI I No.301/2000
i
i
Petitloner ( s)
CEHAT I OKS.
VERSUS
I
Respondent (s)
r*
UN I ON OF INIjHA ANO ORS.
I.mc).
i wirnn mpp
AppIn(s
) tor permission to submit additional dooumentfs)
mil ex emp 11 on f rom filing 0.
tor further directions)
<)ate : 0 7 £1_f/2^ 1 Th i s
CGnAH
< •i
was
called on for hearing today.
HON’.BLE MR. JUSTICE M.B. SHAH
HON’SLE MR. JUSTICE B.N. AGRAWAL
Peririoner ( s )
M*.Indira jaising,Sr.Adv..
Mr.San.lay Parikh.Adv..
Mr.R.R. Chandrachud,Adv.,
Ms.Javna Kothary.Adv.
r or Respondent (s)
Attorney General for India (N/P?
Krishan Mahajan.Adv.,
Ms.Sunita Sharma.Adv.,
Mr.O.S.Mahra,Adv.
UO1 :
tor Gujarat State:
r c i ■ Orissa Sta^e:
r O' jnarkhand State:
ftir Raj as man State:
Kerala State:
t o »- Harvana State:
r o r Goa State:
Kymata State:
/
r «• r
Petition
pi in i ah State:
Mac;a I and Stare:
M z-i i m r n
M/ifiipiir
11 r r a
St
St a Th:
Ms.Hemantika wahi.Adv.
Mr.Radha Shyam Jena.Adv.
Mr.Ashok Mathur.Adv..
Mr.Raiesh Pathak.Adv.
Mr. Javed Mahmud Rao, Adv.-.
Mr.Ranji Thomas,Adv.
Mr.k.R.Sasiprabhu.Adv.,
Mr.John Mathew.Adv.
Mr.J.P-Phanda,Adv.,
Mr.K.P. Singh.Adv.
Mr.Bhawani Shankar Gadnis.Adv..
Mr.Shiv Sagar Tiwari.Adv..
M$.nivya Suri.Adv.
Mr.sAniay R. Hegde.Adv..
Mr.batva Mitra,Adv.
Ms.’avshree Anand.AAG Punjab
Mr.HaiO^v Sharma.Adv.
v.0. Khanna.Adv.
‘.an iav k .-Shand I Iva. Adv .
. hesnp-'inde . Adv .
Mr .
Mr r hv/a i r akpain Hop in Sinqh.Adv.
m r <■-
h.-
is
r or
Andhra Prdesh State Mr.Guntur PvflstavAdv.
i or
r or
:Mr.Anil
.Ahi 1 s2 . h0rjee,Adv.
Hnahalaya
lamil Nadu State.
"//t’.L.viswanat,ha
I’v.’sSpV" O-.sr.Adv..
Ungam, Adv.
Ramalingam
Sharma.Adv.,
Chandra S:Mr.Tara
State
Sharma .Adv.,
WP^t penqa1
Mr.AT ay
n Sharma . Adv.
ms.nee 1 am
I
Aqnihotrii . Adv-. .
Mr.S.K- h Kumar.Adv.
tMr .sakesh
Singh.Adv.
Mr.B•B• verma.Adv.
wanhva pradesh:
Sinar State:
u , p . 51- a t e •
Pondicherry•
t or
uttrandha1 •
Mr.R.CMr.V.G. -^X^a.Adv..
MB.Rachana Chandra.Adv.
Mr.Mahesh
’.Prakash Shrivastav .
Mr
Ms.Asha G-Na^. d Ad;_ ,
: or ci-tiviti sgarh:
O!
I
i .
Assam State:
'""•y^sidharthan, Adv. for
M/s.cnrporate taw Group
in Ghanaiaarh:
ms.ai^XXaSv..
MrS\Vin . swgh’.Adv.
Mr.copa
<■
^parma.Adv.
HrJ^resh K.^r^AdVi
State:
i r i put" a
Pradesh *.
Hi machaI
••5 irk mi State:
^^Sriafputham Adv
Mr
;
Suhrawardy
Ml . AO1 $ Sav la . Adv .
, o k State:
intervenor:
Mr . Jav
Ms.Reema
-------
--- made
r.ounse 1 thei cptir^...
hearing
O R^D t-- 'R
the part^^u j-3 ?5
UPON
for
counsei
learnedStates
Heard the
some of. th£ |
for
appearing •
counseI
report
Learned
alpngwith comp 1iancp
affidavit
necessary
that
we^Xs from.today.
suhmit
o
f
three
a period
for the
led within
counsel' aPPear.15'q
wouId be fi
learned
Maha l an. the
a 1 S'**
Mr .
Governme.Q^ h^-centra
'
states that
or the
I nd i a
t-or the
union of
the implementation
concrete steps
Nat.10„0, ^peot-on and —
decided to taKe
^naaested to setAnt and
the Act.
1nir)len|ent',tion of
i
the
(
u,oinini ttee for
t .!
Stand over to
'
fi' .12. 2PQ1 •
•,'5■> 117-A
(Viiav Kumar SI’1’1 n,r’
court. Master
C-.
( K
. K Chacina ‘
court Master
I
1 SECrION P(L
A/N MAI I ER
Court no. e
ITEM NO.2
c o u or
f
?s
M 7:F.
. • u P Rj| E p,-«
record of proceedings
I»
I
i
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I N D 1 A
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Writ Peti tiohl Ci vi 1 II No .301/2000
i
Petitioner (8)
CEHAT & ORS.
VERSUS
!
Respondent (*
UNION OF INOI^ ANO OR|3.
additional document!a>
( with Appln(s)i forPermissioni to submit
uno leading party)
ping O.T.and
and iexemption from f i ICate : 11/12/200) This
CORAM :
petition
was
called on for hearing today.
I
I
• H.B. SHAH
HOtl'^LE MR.
{
justice
b.n., AGRAWAL
HON RLE ME
ARIJIT
PASAYAT
[
justice
1.-'.-HON'BLE Mb.
I
For Petitioner (e>
I
I
t
■: ,".3.
MS Indira .jaising,Sr.Adv. ,
| Mr.Sanjay Parikh,Adv.,
I Mr.Avinash k. Mi8rafAdv.,
'• nr.R.R- Chandrachud,Adv. „
I ms’. Jayna Kothari,Adv.
Mr.A.N.Singh,Adv.
For Respondent ( 6 )
1 Attorney General for India (N/P)
for udT:
' Krishan Mahajan,AuV. .
Ii
for Delhi state:
i
' Me.Stinita Sharma,Adv. ,
I nr.D.S.Mahra.Adv.
for Gujarat sjtate: . : Ms.Hemantika Wahi,Adv.
: wr.Radha Shyam Jena,Adv.
for Orissa State:
;I Mr.Aahok Mathur,Adv.,
for Jharkhand' State: 'l Mr-Rajeah Pathak.Adv,
I
for Rajaethan! State: ' Mr Ran.)it Thomas, Adv. for
• Mr.Javed Mahmood Rao,Adv.
: Mr.K.R.Saaiprabhu.Adv.,
.
for Kerala State:
' Mr.J.P.Dhanda,Adv .,
for Haryana Sjtate:
I Mr.K.P, Singh.^v.
1 Mr,.Bhawani Shankar Gadnie.Adv.,
for Goa State':
Mr.Shiv sagar Tiwari.Adv.,
1 Mr.Sanjav R- Hegde.Adv..
for Karnatak^tate:
Mr.Satya Mitra,Adv.
' MG.Jayshree Anand,AAG Punjab--tor Punjab State:
■.
T
4
5-
I
£
:-2:-
Andhra prdesh StatOiMr*. Guntur prabhakar . Adv .
Arunachal Pradesh :Mr.Ani I Shr1vastav.Adv.
r Meghalaya State: Mr.Ranjan Mukherjee.Adv.
or Tamil Nadu star e: Mr . T-. L . v i swanatha Ivor .Sr .Adv. ,
MS.Sjhweta Garg,Adv.,
Ms.Rtevathy Raghaxian, Adv .
Mr .P|.N. Ramal ingam. Adv .
Bengal
stetezMr.
T'ara Chandra Sharma,Adv.,
for West.
HF.A|jay Sharma,Adv.,
Mr.sl.K. Agnihotri ,Adv. ,
for Madhya Pradeeh:
Mr.8|akesh Kumar.Adv.
MF. .B. Singh,Adv.
for Bihar State:
Mr. .C. Verma,Adv.
for U.P.State:
Mr.vi.G.
Pragasam. Adv.
for Pondicherry:
Me.Rachana
Srivaetava.Adv.
for uttranchal :
Mr.Prakash
Shrivaetava
.Adv.
for Chhatiegarh:
He.A.sha
G.Nair,Adv.
,
for Assam Statd:
Mr. v .K.sidharthan,Adv.for
M/e. Corporate Law Group
Me.Kamini Jaiswa 1, Adv.,.
for UT Chandigarh:
Mfc.Ehomi'Ia Bakshi,Adv»,
M^.Aiswarya Rao.Adv.
Mte. Vimla Sinha,Adv.,
for Tripura State:
MHGopal Singh,Adv.,
Mr•Rahul Singh,Adv.
Mr.Maresh
K. Sharma,Adv.
-’or Himachal Pradeeh:
MB.^runa Mathur,Adv.,
'or Sikkim State:
Mr.A,Mari arputham,Adv.
Mr.Anis suhrawardy.Adv
‘or J & K State:
Mr.Jay savla,Adv.,
'or intervenor:
Me.^eema 8agga,Adv.,
Ms. M. ogra,Adv.
UPON hearing counsel the Court made the following
ORDER
coRneel
for the petitioners hae pointed out
Learned
the State'
that in thd affidavits tendered on behalf of
committee
Governments name© oif the members of the advisory
not disclosed ajnd in any case are not published at the
are
I'n this view of the matter the concerned
i
of
Goverhmentft ’are directed to publish the- names
relevant
State
places.
committee "in various districts so that if there is
complaint any ditizen can approach them. Further. the •
advieory
any
statistics and information which is to be given in affidavit
.—.—-------t
should be given district-wise.
Mr.Krishan Mahajan, the learned counsel appearing on
that despite the
beha1f of the pnion of India states
I
Department.
necessary wArnIng by the Secretary, Hen I th
j
i
■
!
!
I
:-3:-
i
various .»«• , ’re
unplament uts the
Welfare ) Health
eeted in
(Family
not inter
this Court.
anp
«te
respo’nc ing
issued by
Cird'ctions
not
various
the
Pie the
behalf of
on
as
wel
appearing
Act
learned counsel chart baseu on the affidavits
the
based
Today»
is no
has pr oduced the
indicates that there
titionere
pe
states which
administrators to
r^ious
filed by th© va i
concerned
of the
this court.
the';
the j pkt
passed by
on
desire
and orders
court,
Lriously the
implement
passed by this
the order©
!
of
are
^c4>mpli^
G
following states
For non
Department) of the
i i
29,1.2002.
Health
(
secretary 1
Court on
before thia
iI
remaiii present
directed to
I »
i
Rajasthan,
i
i
Delhi, (3) Bihar , (4)
i
(6)
Punjab> (2)
Pradesh,
M( 1 )
(7) Uttar
Haryana,
(6)
:l'
Gujerat,
(6)
and i(9) west-BengalMaharashtra
for the
■ It
c ounsei
learned
the
by
Far idabad to
is eil legad
ferred from
■ ie trans
Dr.oahiya
tha^
appropriate action
petition© s
!
taking
learned
because he wne
purpose,
Chandigarn only j
this
For
clinics.
reports. In
agaThet defaulting
newspaP®r8’
i
on the
1
because
ha6
p,.Ud
ferred
only
counsel
ie trans
f'fioient atneer
clinics then
defaulting
our vievf, if e
the
ie unjustified
.1 taking action against
government
he was
the State
ction of
Heal th
f
the
a
through i te
certai nl
of Haryana J
State
addition, the
affidavit stating
10
on*«
necessary
1s directed to file
secretery
pahiyafor’traFsf^^ ^2
reason©
further
petitioners
the
for
counsa1
I a n •' n A d
Secretaries of
4
*.
■
f*
6!
:-4: -
i
I that the officers of various State Governments are
of time m verifying where ultrasound machines
ot
wasting
She pointed out that data of ultrasound machines
are ke(|t
eubmi tted
from the manufacturing
to the clinics ie available
as We ill as from the service contract© entered by
supplied
companies
i
these
clinics with those companies,
that
in
It ie also pointed out
For
some ctsee these machines are also imported.
I
from
that also, name? of the importer© are easily available
the Customs Department. We,
we, therefore, direct the fol lowing
to supply the Information as to how many machines
companies
they
hav 9
sold to various clinics within last
five
years
their! names and
addressee and al eo ©erv i ce
to^thoel clinics
or individual as the case may be.
contract
including
-
1 .
—r---- 1
I
—--------
uma Parame&hwAran, CEO, Wipro Ge Medical Systems Ltd.,
A-1, Corporate Towers, Golden Enclave, Airport Road.
Bangal ?re -560017.
2. Toshbrt> shima^dzu Ltd., Khetan Bhawan. 2nd floor,
Mumbai - 4oooio.
I
3. Erbis Engineering Co.Ltd., ZE/12, 4th Jhandewalan Extn,,
r
1)0005.
New Delhi
A.
6.
• ■
V. Prabhakar,
CEO,, ATL India Ltd., 79 a 94, Developed
Chennai -600096.
Plots, PerdngAdi,
I .
—
Lareen & Tdubro Ltd. (Medical Equipment Divn.l.LAT House,
10, Club HOUS Road, Anna salai, Post Bag NO* 55247.
Chennai -600002.
6 . international Medical Services Pvt.Ltd., 17 Industrial
Estate , Marut! Complex, Gurgaon - 122015.
7 .
R.
A. K . Khoslai Chairman, General Electric Co. of India
Ltd. , E-16, greater Kailash, Part-I,New Delhi -110048.
i
Raise V Dayallr President & CEO, HCL Picker Ltd., D-3,
■ - --I*---•* ------, vasant vihar.
Community
centre, -Poorvi
Marg,
New DsIhi- 1 0057.
,
A . S’iemens Ltd., Mahape Workshop Shilphata Road, Behind
MIOC Area Off'Thane Belapur Road, v i11.Mahape.
Thane - 40000 l .
i
[
?
F
£
i
i
I
:-5:-
For
iniplemAntation
of
the Act and
the
rules
11
appease that it would be desirable if the Central Government
frames appropriate rules with regard to sale of ultrasound
machine^ to vaJ
ioue clinics and iss.ue directions not to sell
ijnreg 1 s tered
machines
to
Mahajan
appear1 ng
for
clinics.
Un i on
of
Learned
India
counse1
submi tted
Mr.
that
appropr ate action would be taken in this direction as early
as pose b 1 e.
Adjounred to 29.1.2002,
J
(Vijay Kumar Sharma'
coip t Master
(K.K Ch&dha)
Court Master
A
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• T tz M { 'I c . Q P
Court No.08
S U R R t M £
COURT
OF
0 C U R T
RECORD OP PROCEEDINGS
•A r j t Pet:i:on(C i v i !) No.301/2000
CLHAT i ORS.
-ai .* i i oner ( =.)
VERSUS
UNION OP 'MDlA A:ND USS.
Hs = por.-den i i s.)
•'v-v :• t h app-n.
f• or psr.m j as on, • o subm it add •
oocumenis
ano exemption from fi-ii•^S Uand exemption
from
filing OT
ano permj ss ion to submit
• 1 add! .
dooumsnz s ano
exempt
:■ on
f r om f : i ; ng OT ’•
(for
Da t a
:1S-S-2001
today.
Ti-rther
oirect i ons )
: b. : a r'G tit.' On wa s
OS :■ ‘ ad
on
nearing
CORAM :
RON'SLD MR. JUST JOB M.B. SRAM
HON’BLa MR. JUSTICE R.P. SETHI
Hor p~t•t ionar
< 3 )
Ms .
Mr .
Mr .
Ms .
.-ndira Ja i Singh, Sr.
San jay Parikh.Adv.
HR Chandraehud, Aov.
Jayna Kothari. Adv.
__
R or Rea p o ndent ((5 j
.-or v i a i s s o f Gu j a r a t
and Mjzoram
: i
1
i
■ or
■JO;
Mr . •- r • s na n Ma ha j an . A o v .
Ms . a u n :• t a S h a r ma . A d v .
Mr .
J • - / S h a r ma , .A c v .
Mr . C i a d n a k r • s h nan, A d v .
Mr .U.S. .Mahra , Ad v . (Nr )
Mr. 8V Ba■ram Das. Adv.(MP)
Staie of Runjao
Mrs. jaysnrsa Anand, Aos•.Adv.Gen!.
Mr .G.Si vabalamurugan.Ad-/. . for
Mr . P . S'. S'ur i , Adv .
r
I
!- o r ^tais of Assam
.■ 5sa
'T-f
Ms . Hamantika Wahi.Aov.J
.Ms . Sumi ta Hazarika. AoJ 7’*
Ms . Asha G Nair, Adv. far
Ms . K rj s nna Sha rma. Ad v.
Mr .
Sidharthan, A d v .
’/f/s uorporate Lav/ Grouo. .Ad•.
r
Radha Shyam Jena;Adv.
77W (Judl.}
ArTS>.L79p
I
r
2
for State of Sikkim
Mr . A Mar i arpuzi-,3m . “□
Ms . Kruna Ma thur. Adv.
Mr . Anurag D Mathur, Adv.
for State of Rajasthan Mr. Ran j i
Thomas. Adv
Mr . Javed M Rao. Adv.
State of Kerala
for
I;
Mr . KR Sasiprabhu. Adv.
Mr . John Mathew. Adv.
for State of Heryana
Mr . Mahabir SinghrAdv.
for Pes.StaTs of Goa
Mr . Shavanishankar V Gadn-=r Adv.
Mr . Shiv Sagar Tiwari. Adv.
for State of
Arunacha: Pradesn
Mr .
Jr
for
n .* I Shr i vas t a v . Adv.
Tor Srate of Karnataka Mr. San jay R. Regce,Adv.
Mr. San jay Mit ra. Adv.
for State of
Nagai and
Mr. f£snjay K Shandi I ya. Adv.
Mrs.VD Khanna.. Adv.
for State of MP
Mr . parish K Agnihotri, Adv.
Mr. S a k e s h Kumar. Adv.
Staie of Tr »pur a
Mr . GopaI Si ngn. Adv.
State of UP
Mr. R.C. Ver.ma. Adv. .
Mr . KL Janjani. Adv.
G
Mr . Pramod Swarup, Adv.
Mr . Praveen Swarup, Adv.
btate of Uttranche I
Mr . Ajay K AgrawaI . Adv.
Stats of West Senes!
Ms . Rachana S r :• vas t ava , Adv .
Mr . J a r a_ c h a n d ra S h a r ma . Ad v .
State of o j bar
Mr.3.3. Singh,Adv.
aiata of Mani pur
Mr . KH Nobin Singh, Adv.
State of Mehga • ay.a
Mr . Ranjan Mukher jee, Adv.
State of HP
Mr . Naresh K Sharma, Adv.
State or Pondiionerry
Mr . VG Pragasam. Adv.
i t ate of Maharasthra
Mr . SV Deshpande. Adv.
(NP)
1
...3/-
B
•S
I
p F
'r
State of Tam i !
Nadu:
1
Mr . TLV I yer, Sr. Adv.
Mr . V Ba I a j i , Adv. for
Mr . PN Rama I i ngam, Adv .
State of J 5c K
.Mr . An i s Suh raws r dy . Adv .
Dadar Nagar Haveli:
Ms.Sun i ta Sharma.Adv.
State of Jharkhand:
M r.A s h ok Ma t h u r.Adv.
Stat- o f Chhatt:sgarh Mrs. Ma dh u r Da dI a n i r Ad v .
Mr . Prakash Shrivastava. Adv.
UPON hear jng oounseI
the Court made the following
0 A 0 £ R
t he
h'ea r d
aff idavits
t he
considersd
From
States .
!earned counseI
for ths
part ies
f i Ied on beha I f
the said affidavits.
and
varj ous
of
i t appears t ha t
the
directions issued by this Court are not comp I ied with.
ths outsst. we may stats that t hers i s
At
by t he Adm i n i s t ra tion
s■ackness
Some
I earned
Geneti c
i n i mpI emen t i ng ths Act.
oounse’ pointed out t ha t even
Counsel I ing
Cent re,
tota !
Genet i c
though
ths
Ladoratories
Genstic Clinics are not reg istared, no ac t jon : s taken as
undsr Section 23 of the Act. but on I y a warning
prov:dsd
issusd.
In
regj st ersd
are
-ut her it i ss
under the prov i s i ons of the Act and t hers • s
£
qusst i on
1
con; .• nue t he i r
I t
Aut nor > t i es
i
■
•I
of
js
our
those Centres w h ic h
are
not
requi red
to
by
t he
be
prosecu ted
issue of warning and to permit
t hem
to
* .l • ega i ac t i v i t i es .
to
be
stated
that
t he
any officer of the Centra!
Approprlets
the
State
5
4
!
authorised
Government
this behai f
in
comp.* a* nt under Seotion 28 of ths Act
is
requ i red to file
for prosecuting the
or fencers.
Further
authori t i es
necessary
:n
case
are
wherever
0i zzr i ci Lave•,
appo jn t ed,
t hey
mus t
appropr i a t e
carry
survey of 0 j i n ics and take appropr i a t e
of
s t a t u t ory
non-r~gistrati on
prov•s•one
authori t i ss
are
not
n o n - c omp !• i a n ce
ino » ud■ng t he Ru;es.
o n * y amp c-we r e d
t c-
t he
mi?
act ion
of
t he
Appropr;a te
t ake
a r :• m i na *
documents,
records,
act ion.
but
t c-
oh Jec t s
etc .
of unregistered bodies under Section 30 of
search and
se • ze
the Act.
‘ t
Centra •
t ha t
t he
States/‘
dn i on
$
have not submitted quar'sriy returns to
the
Goar o
Diagnost ic
Fraven t :• on
Mence i t
on
imp•ementat ion
Techn ?ques
of Misuse'- Act,
"the Act”).
returns
been pointed out
Supsrvisory
Na t a *
as
has
of
the
(Regu!at t C" n
and
1394 (hereinafter referred to
is directed that t he
quarter ‘ y
to kxcntra- Supervfsory Soard shou'd be submitted
g .= V : ng the foilow ing :nformaij on: (a) Survsy of Centres. Laborator ies/Ci in•os .
(b) Reg i s t ra t ion af these bodies.
fc) Act ion taken against unr eg i s t erec- bod i es .
Id) Search and Se j z u r e.
(a) Number of awar enesa ca.mpa • gns , and
<f) Resuits of campsigns
. . . 5/-
4*
5
behaIf
cn
and
■yhnai i sgarh
t ha t ths Stare
i s apparent
!t
Prcm the reccrd:
Un i on
c-f
cf
Terr itory
Cnar.d i gar h , a f f .■ da v i t s are no t fj:ed.
the
For
coonse :•
’ re
no t
the Act
However.
Kashmj r.
the State sub.T:i rs t ha• at
to the State of Jamu
app■ icabi=
till
:• er med
Kashfni r .
and
JammL;
of
appear ; r.g on beha!f
or eaer:
a n c-
State
there
i S
enac t:iter: t .
a i .T: : : O r
State
auther i tIes wouId t ak e appr opr i a t e ac t;on
on-
oas : s
of
the d rent i ons wh • on may be issueo by
t he
As
per
•/ar ; ous af fIdavits.
'earned counsa'
for
espondent Nd.
1 pointed out
t ha t
and
he
petit!oners
sons
States have cor-p • led w > t h t he d i rec t!one I ssL-ec
by
Cour t on 4th May. SCOt . but fol 'owing direc t J ons are
SO.”:p lied
' a)
For
W : th
by the States m e n tion ed he r e i n be!ow:
the
direct * on
S tares/UTs have nnt co™pi iec w • tn:
Cage iand.
t
i
i
:• r p u r a
Chand :■ earn .
a:-: = na sweep .
D
A
Not if i oat•on
issuing
at D • st r ict
Author it•es
I
or
UTs
ceve•a.
States Goa.
A nd err: an
Have I } .
./a.T.TiU'
i
N i sues
anc
Darr: an
A
uiu.
P o r: d- • c h s r r / a n n NCT of De in- .
the ujrest ion ragardI ng • as us of Not i f j cat’on
App r op- r ;■ a ' e Au-1 he r i t i es a t
1
follow-ng
vs ; .
Sub-u-str ic;
States/U J = have not co.":p • :• s d w ■ “ h :
I
■■::
.
;....
_____ ____
■-
.
..
-■
j
-
I"
I
f
'•V
I
e
i
s-
ArunachaI
Pradesh.
Goa .
Jammu
and
Kashm i r.
Jharkhand.
Maha r a s h t r a,
Mizoram,
Naga!and.
Pradesh,
H;macha I
Kera ‘ a ,
hsrnataka.
2 i k k i m.
0r i = sa ,
Gu jara t.
Haryana,
Tam i ! Nadu, Tripura, Uttar Pradesh
and
West Sengs i .
iJTs
Andaman
Have!i,
and
N i cc-bar
! siands. Chand i garh, D
N
Daman and Diu, L a k s hadweep. Pend i cherry and
NCT
of De!h i .
Wi th
Adv•scry
regard
Comm i 11 ees
Autheriti os,
to
the d i ract i on
to aid ano advise
iasued
the
t he
for
Appropr sate
the foI!ow i ng States/UTs have not
comp• i ed
wi th: -
S: t a t es :
Arunacha! Dr3desh. Goa. H i machaI Pradesh, Jammu &
Kasnmir.
Jharkhand,
Maharashtra,
Megha J aya.
Mi z o r am,
Nagaiand, Ra Jasthan, 2 i k k i m. Tripura and West Bengal.
UIs:
An c-eman
a n c-
N icobar Islands, Chand i gam, D
N
Have!i. Daman & Diu, Lakshadsweep, Pondicherry and NCT of
De‘n - .
nor
Advisorv
constitut ion
Commi11 ees.
sens the needfui:
of
t he
Sub-D is t ri c t
the fo! Iow j ng Statgs/UTs have
Leve!
not
>>
7
Pradesh, Ar L-n a ch a I Pradesh. Goa. Gujarat.
Andhra
H i macha I Pradesh.
Megha;ays,
‘.‘a r a r a a h t r a .
Jharkhand. Ka ma t a it a . Kara;a.
Or i ssa.
Naga•and.
Mi zoram,
k:a jas t han . S i kk i m . Tami 1 Nadu. Tripura. Uttar Pradesh- and
J
■■:.aa t Senga i ;
kJ'
.•••
stands. Chandi garh, 0
Ni cobar
and
Andaman
have:i . Daman & Diu. Lakshadsweep. Pond i cher ry and NOI of
:-or
Apprcpr a t e
.rsn ■ a . Hoard i ng
t he
d i rec t i on
Author i t i as
to
P rint
jn
and other means.
a
pub I i sn
Media.
of
list
£•ec tron ic
the f o j • ow i ng Stat as/U :• s
have not done the needfu!:
Pe:
Assam,
-.er a .• a .
:• sa .
Pr ? nt
Med ia:
Goa .
no action
Himacha• Pradash.
Maharashtra.
Megha’aya.
’s
by
taken
Jammu &
Maniour.
t he
Kashm ir.
Nags I and,
S i k k : m. Ut tarancha• and Uttar Pradesh.
D i N Have i i . L as na dsweep . and NOT or De i hi .
i
I
*
Meo i a
ve:
'
: S
taken
by
States :
Andhra
Pra assn.
A r u na c n a i P r a os s n ,
Assam;
~i har,
. . 8/-
L
I
F
/r,
r
3
j
Ja-TirriU
KasrnT; » r :
Megha 1 aya,
Mani pur,
;ami! Nadu,
Tr;purs,
;4c-: Gujarat, Paryana. h' i mac ha ! Pradesh .
jhar.khand,
Kara i a.
.Maharashtra,
Nags I and.
Orissa.
Pun jab.
S j k k ; m.
jt-arancha1. Uttar Pradesh and
D os N Have j i .
h—st
Senca! .
Daman and Diu. L a kahadweep: and NOT
o f Deih i .
(Hi)
Hoard i nos- no action
Pe:
; S
f c-1 I ow i ng
taken by
States:
Anohr a
Pradesh. A.r unacha ! P radesh . Assam. S har ,
Goa. Gujarat, rlaryana.
Jharkhand,
Aera i a ,
‘
Magna!aya.
M i zcram.
S :•k i m,
Tami I .Nadu.
ujmacha! Pradesh.
Madhya
J a mmu & Ka snmi» r .
Maharasntra.
Pradesh.
Man i pur, Nagaland. Orissa.
Punjao.
Uttar
Pradesh
,N
Have•i,
• ripura t Uttarancha ! ,
and ‘/rest Bengal.
Ujji:
Andeman
ano
Nj cocar
} s!ends.
_La.<snadweep. and MOT of Tie Lb i .
in
State
this
v:ew o f the matter, we direct
Gove r nmen t s IUn :• o n
al I
iK •K* xa
*-•
* a r r i t c r i e s t c jmpI ement the Act
directed by our order
ano submit the comp J janes report as
May ,
ca tec
4th
vee.-: s
fro.m today.
2001 as we I I as this order
wj th i n
sjx
List this matter after S i X •weeks .
sd/(D.L. Chugn)
Court Master
sd/(K.K. Chadha)
Cou rt Mas t e r
■
1
u
r-
1
fl'-i
i,
Court no.
ITEM NO.2
1 SECTION PIL
A/N MATTER
0
C O U R F
OF
RECORD
OF PROCEEDINGS
i
p r; e m; e
i
I fl ‘0 I
w r.t pg i t i on(Civi 1 )i NO. 301 / 2000
I
11
Petltioner ( 8 I
i
CEHAT 4 ORS.
i
VERSUS
I
Respondent ( 8'
iJNIO.M OF INDIA ANO ORS.
submit additional documenti 6 )
Th Apolnlsll for permission to
O.F
.F.and imoleading party)
arc exemo11on from filing O
5
1 •. / 1 2/200 I
•. Ram
peti tion
Th i a
called on for hearing today.
SHAH
HOU’81E MR. JUSTICE M.3.
ustice b n AGRAWAL
HON hi.F MA
1 JUSTICE
it is t rrc ARIJIT
aQT.I
PASAYAT
HOtl'OLC Mb.
J
i
was
i
. .
I
Paritioner
( 8 )
p.'!'- Resoondent < « I
Krishan Mahajan,AuY>,
PaiOi State:
Ms.sumta Sharma,Adv.,
Mr,0.3.Mahra♦Adv.
Rniaethan State:
1
agra la State:
Haryana state:
^-rr Goa State:
f r r K a r nat a^tate :
j
-I
Attorney General for India (N/p)
JO I :
r Gujarat State:
t •: r Orissa Stare:
) h arkha nn State:
i
Me.Indira Jaieing,Sr.Adv., •
' Hr.Sanjay Parikh,Adv.,
i Mr.Avinash K. MierarAdv.,
Mr.R.R. chandrachud,Adv..
Ms.Jayna Kothari,Adv.
Mr.A.N.Singh,Adv.
Punjab Stare:
Ms.Hemantika Wahi.Adv.
Mr.Radha Shyam Jena^Adv.
Mr.Aehok Mathur.Adv,.
Mr.Rajeah Pathak.Adv,
Mr.Ran) it Thomas,Adv.for
Mr.Javed Mahmood Rao,Adv.
Mr.K.R.Sas1pnabhu,Adv.,
(
Mr.J.P.Dhanda,Adv.,
Mr.K.P. Singh,A<*V’
Mr,.Bhawam Shankar Gadme.Adv.,
Mr.Shiv sagar Tiwari.Adv.,
Mr.Sanjay R- Hegde.Adv..
Mr.Satya Mitra,Adv.
MG.Jayshree Anand,AAG Punjab
4
I
:-2 : -
I
,ra Prdesh ^taterMr1.Guntur prabhakar .Adv.
.nachal Pradesh :Mr.Ani ! Shr1vastav.Adv.
Mr. Rian Jan Mukherjee . Adv .
ghalaya State:
rami 1 Nadu state: Mr. T. L.viswanathe iver.Sr.Adv. ,
MS.S-hweta Garg,Adv...
Ms.Rievathy Raghav^n, Adv .
Mr.Fl.N. R.amal ingam. Adv .
I , or We et Bengal State;Hr. Tara Chandra Sharma.Adv.,
Mf.Aljay Bharma , Adv. ,
Mr.Sl.K. Agnihotri ,Adv. .
Mr.Stakesh Kumar.Adv.
Mt.b!.b. Singh,Adv.
for Bihar State:
Mr»r!.C. Verma,Adv.
for 1).P.State:
Mr.Vj.G. Pragasam. Adv.
for Pondicherry:
Ma . R-achana Sr i vastava. Adv.
for uttrancha1 :
Mr.Prakash Shrivastava.Adv.
! I for Chhatisgarh:
Ms'Ajeha G.Nair,Adv.,
, ! f or Assam State:
Mr.V.K.Bi dharthan,Adv.for
M/e .[corporate Law Group
Me.K|amini
‘ Jaiswa 1,Adv.
UT Chandigarh:
Me.Bhomila Bakshi,Adv.,
M6.Ajiswarya Rao.Adv.
MreJvimla Sinha,Adv.,
Tr’purn State;
Mr.Gopal Singh,Adv.,
Mr.Rahul Singh,Adv.
Mr.Maresh K. Sharma,Adv,
r- Himnchnl Pradesh:
Ms.Aruna Mathur.Adv.,
State:
Mr. A'.Mariarputham, Adv.
Mr.Ajnis Suhrawardy .Adv
; ;< state:
i ! r
Mr.Jay
Savla.Adv.,
intor^encr
:
I "
Ma.Reema 8agga,Adv.,
• •
I
Ms. ;!M. ogra,Adv.
UPON hearing counsel the Court made the following
I ORDER
Learned counsel for the petitioners has pointed out
for Madhya Pradash:
r
I ir
r he t
in
of
affidavits tendered on behalf
trie
the
State
i
GovArnments
names
Of the membsre of the advisory
committee
not disclosed and in any case are not published at the
i
r-5 ] PVn.nt
p1 area .
in this view of the matter the concerned
a r-7
i
Governments
•S l n t e
'are
directed to publish
th€F- names
of
committee in various districts so that if there is
anv' ipory
complaint any citizen can approach them.
i
!
statistics and^ infonnar.jn which
18
Further.
the *
to be given in affidavit
snould be given di strict-wise.
__
i________ -—
Mr.Krishan Mahajan, the learned counsel appearing on
b«na1f
of
necessary
the
Un i!on
warn i ng
by
. ?
of India
the
states
Secretary,
that
HeaI th
despite
the
Department..
t
i
:-3:;
I
•
i
'
Welfare
I
) health secretaries of various states
are
ar.ci are not interested in implementing
the
t Fami1y
r esoonding
as we 1 ' ae the various dirdfctions
rnonY,
/
counse1
learned
the
issued by Chis Court.
appearing on
the
of
behalf
affidavits
has produced the chart based on the
r.: 11 o n e r s
Indicatee that there is no
y th a various states which
the
on
of the
part
i
to
admini etrators
concerned
i
i
. x:;
•n •: seriously the law and orders passed by this Court.
■ - -'on-o 1 lance
Court,
th i a
by
the orders passed
of
Health Department) of the following States
•
are
remain present before this Court on 29,1. 2002.
1
(0 )
(3) Bihar,
(2) Delhi,
Punjab.
Haryana.
(7)
(4)
Uttar
Rajasthan,
(8)
Pradeeh,
!
and (9» west-Benga1.”
’ r i .
Ic
a 11egeo
1s
the
by
learned
counse1
for
ft
the
that Dr.Daniya- is transferred from Faridabad to
on 1 y
because he was taking
appropr iate
acti on
purproae,
1 earned
J
-I
? 3t ’(jit i ng
cl i nics.
For
this
r»-is placed reliance on the newspapers’
i f
reports.
efficient officer is transferred only
‘"‘•'ng action against the defaulting
because
clinics
then
p
the State of Haryana through its
Hea I th
o i r e c t a d to flip necessary affidavit
stating
1 a c 111 o n ,
i s
r .1 n s f e r of Dr.
i
Daniya.
f
In
the action of the state Government is unjustified
. n
*
>
I
i
I
i
I
: -4 : -
I
i
I
various State Governments are
eubmi tted I that the officers of
ot of time in verifying where ultrasound machines
wasting
She pointed out that data of ultrasound machines
are ke||t
I
>
to the clinics 1 a available from the manufacturing
supplied
these
I
as Well as from the service contract© entered by
j
ft ie also pointed out
c 1 nice w ith those companies.
that
in
For
that
also, names of the importer© are easily available from
companies
some crises these machines are also imported.
i1
•?-
the Cuetome Department.
Wo, therefore, direct the following
----- ---- x—i—~ '
companies! to supply the information as to how many machines
ZZZ"—i—7—;
they-" have soldlto various clinics within last f i ve years
I
i
including; their names and
a I so
I
contract to those clinics or individual as the case may be.
addressee
i
and
eervice
I
i
t . Uma Psrameshwaran, CEO, Wipro Ge Medical Systems Ltd..
a-l. corporate Towers, Golden Enclave, Airport Road.
Bangalore -560017.
i
2 . Toshbro Shimandzu Ltd., Khetan Bhawan. 2nd floor.
Mumbai - 400020,
y
&
3. Erbis Engineering Co.Ltd., 2E/12. 4th Jhandewalan Extn.,
New Delhi - 110005.
4
v. Prabhakar, CEO, ATL India Ltd., 79 A 94, Developed
Plots,. Perungadi, Chennai -600090.
!
I
5 . Larsen & Toubro Ltd. (Medical Equipment Divn.),l_AT House,
10, Club House Road, Anna salai, Post Bag NO. 55247.
Chennai -600002.
6
J
I
Jnternatinna1'MedicaI Services Pvt.Ltd., 17 Industria 1
estate. Marutli Complex. Gurgaon
122015.
of India
Khosla; Chairman, General Electric Co.
Ltd.,; E-16, Greater Keilaeh, Pnrt-I,New Delhi - 1 10048.
a.k.
A
Rajeev Dayal, President & CEO, HCL Picker Ltd., 0-3,
Community Centre, Poorvi Marg, vasant vihar.
New. Ete I h 1- 1 j 005 7 ,
. ’
9 .
J
I
I
I
1
.
Siemens Ltd.,!Mahape Workshop Shilphata Road, Behind
MIDC Area Off Thane Belapur Road. Vill.Mahape.
Thane - 40060 j.
I
I
i
I
I
I
I
1
f
I
i
: -5: ! «i
For
i nip lemon tat ion
of
tho Act and the
rules
11
appears that it would be desirable
if the Central Government
frames
I
Trarwe I’Pnropriate rules with
I
1 regard to sale of
ultrasound
to
various
cMn7cf
and
machines
i os.ue 1 recti one
not to sell
machino* to tynregietered
i
clinics.
learned counseI Mr.
M^hajan:
appearing for Un i on of
India submitted
i
that
aonroprjat.e action
would be taken ’n this direction a6 ear|v
possible.
Ad.jounred to 29.1.2002.
I
'J ay Kumar
on’r u^ster Shurma ’
J
(K.f, Chadha ;
Court Mapter
l.v
I
1
1
I
•
1
■
1
■ •
SECTION PIL
A/N MATTER
Court No.7
l ...flTM ’No. 7
■
IND I A
SUPREME
COURT
OF
RECORD OF PROCEEDINGS
(■
».
^3133
Writ PetitionfCivi 1 ) No.301/2000
Petitioner (s)
& ORS.
VERSUS
Respondent (s)
JNION OF INDIA AND ORS.
(Appln . for permission to submit addl. documents and exemption
frorn filing OT and impleading party and intervention &
modification and intervention)
IA 13 & 14 : Appln. for intervention and clarification
WITH
Appln. for impleadment and
IA 15
for permission to take on record the
IA 16 : Appln.
supplementary affidavit) filed by GS Chatterjee, Adv.
Date : 05-3-2002
Th i s
Peti ti on
was
called on for hearing today.
CORAM :
HON’BLE MR.
HON’BLE MR.
For Petitioner (s)
JUSTICE M.B. SHAH
JUSTICE DORAISWAMY RAJU
Ms.
Mr.
Mr.
Mr.
Indira Jai Singh, Sr. Adv .
Sanjay Parikh,Adv. —
RR Chandrachud, Adv;. Certified to be a t
AK Misra, Adv.
I
For Respondent (s)
MOI
Mr. Harish N Salve, SG
Mr. DS Mehra, Adv.
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.
Mr. Javed M Rao, Adv.
for State of Kerala
Mr. John Mathew, Adv. for
Mr . KR Sasisprabhu, Adv.
for
2
for Res.SVate of Goa
Mr.
Mr.
Ms.
Ms.
for State of
Arun^chal Pradesh
Mr. Anil Shrivastav, Adv .
for State of
Tamil Nadu
Mr. S Ba 1akrishnan, Sr. Adv.
Mrs. S Revathy Raghavan, Adv.
Bhavanishankar V Gadnis, Adv.
Shiv Sagar Tiwari, Adv.
Sumita Inna, Adv.
Divya Singh, Adv.
for State of Karnataka Mr. Sanjay R. Hegde,Adv.
Mr. Sanjay Mitra, Adv.
for State of
Nagaland
Mr. Sanjay K Shandilya, 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. Neelam 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. (NP)
State of Maharasthra
Mr. SV Deshpande, Adv.
UT Chandigarh
Ms. Kamini Jaiswal, Adv.
Ms. Aishwarya Rao, Adv.
Andaman, Lakshadweep
M r. Ashok Bhan, Adv.
Dadar Nagar Haveli
Ms . Sunita Sharma, Adv
Daman and Diu, & Delhi Mr. DS Mehra, Adv.
for
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/-
!
- 3 •
Mr.
Mr.
Mr .
Mr.
Fpr Intervenor
PK Roy, Sr. Adv.
GS Chatterjee, Adv.
Pramit K Roy, Adv.
Feroze Ahmed, Adv.
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
counse1 for the petitioner has drawn out attention to
aff i dav i ts 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
January, 2002 .
for
produced
our
Comparative chart for
“X-hat
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
4
one.
Relevant chart is as under:
Survey
conducted
by the
author i ties
Information supplied Registered
by the manufacturing Clinics
•
Companies for the sale
of ultra sound machines
S.No.
Name of
the State/
UT
1 .
B i har
297
34.5
226
2.
Delhi
777
420
525
3.
Gujarat
750
813
484
4
Kerala
562
756
496
5.
Jharkhand
No figure
1 23
81
I6-
Orissa
No figure
210
7.
Uttar Pradesh
1096
945
625
8.
Pond icherry
37
3
27
9.
West Bengal
No figure
462
257
. . .4/-
.••Sj
'fey
I
4
■
however, time to comply with the order is granted
Still
9th
April,
2002 on which date the concerned Health
ftplfarp-Health
Secretary
personally present.
(D.L. Chugh )
Court Master
of
the aforesaid
upto
Secretary/Fami 1y
States/UT
sha 1 1
c
(K.K. Chadha)
Court Master
*
rema in
613
*
fe’
L
1
YTEM No.2
Court No
SUPREME
pil
MATTER
. -v
CO U’>;
RECORD OF PROCEEDINGS^
Writ
Wri t Petition(Civi
Pet i tion(Civi 1)
1 ) No.
No. 301/2000
CEHAT & ORS.
■^/Petitioner (s)
■
■■
■
VERSUS
UNION OF INDIA AND ORS
’
ORS.
(Appl n ../or wpermission to submit add!, documents and^xempX '
from filing OT and impleading
J party and intervention)) '
Date : 29-1-2002 This Petition 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
Mr.
Mr.
Mr .
Ms.
Ms .
Mr.
9
4
Ms. Indira Jai Singh, Sr. Adv.
Mr. Sanjay Parikh,Adv.
’ Mr. PR Chandrachud, Adv.
Mr. AK Misra, Adv.
Soli J Sorabjee, Attorney General
Manish Singhvi, Adv.
‘ '
Krishan Mahajan, Adv.
Sushma Suri, Adv.
Sunita Sharma, Adv.
OS Mehra, Adv.
for States of Gujarat Ms .
Hemantika Wahi,Adv.
and Mi zoram
Ms . Anu Sawhney, Adv. .
for State of Punjab
Mrs . Jayshree Anand, AAdd!.Adv.Genl. Pb,
Mr. Rajeev Sharma,Adv.
For State of Assam
Ms .
Ms.
Mr.
M/s
for State of Orissa
Mr. Radha Shyam Jena,Adv.
.
J
for State of Sikkiim
Asha G Nair, Adv.
Krishna Sarma, Adv.
VK Sidarthan,
--- , Adv. for
Corporate Law Group, Advs-r
Mr. a
A Mariarputham, Adv.
Ms. Aruna Mathur, Adv.
Mr. Anurag Mathur,
Mathur Adv. for
Arputham Aruna & Co.,; Adv’s.
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 Mr.
Jai Prakash Dhanda, Adv.
Mr. KP Singh, Adv.
..-2/-
J. - 2 Mr. Bhavanishankar V Gadnis, Adv.
Mr. HA Raichura, Adv.
Ms. Divya Singh, Adv.
r for Res.State of Goa
Mr. Anil Shrivastav, Adv.
for State of
Arunachal Pradesh
V
for State of Karnataka Mr. Sanjay R. Hegde,Adv.
Mr. Sanjay Mitra, Adv.
for State of
Naga1 and
Mr. Kailash 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 t-t Diu, & Delhi Mr. DS Mehra, Adv. ■
State of Chhattisgarh
Mr. Prakash Shrivastava, Adv..
State of Jharkhand
Mr.
Mr.
Mr.
M,'s WIP.PO
For Inntervenor
Ashok Mathur, Adv.
Rajesh Pathak, Ady.
Harvardhan Jha, Adv.
Mr. Bhargava V Desai, Adv.
Mr . Anand Kumar, Adv.
Ms . Sweta Kakkad, Adv.
Mr. GS Chatterjee, Adv.
Mr. Pramit K Roy, Adv.
Mr. Feroze Ahmed, Adv.
)
...3/-
£
I
A
I
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,
rece i ved
Organ i sat ions
f rom
been
have
the
compan i es
forwarded to the
that
it has been stated
and
re 1evant
Non-Governmenta1
for
States/UTs
pursuing appropriate actions in the event that the organisations using
che
u1trasound
From
th i s
Act.
it is clear that the concerned
averment
States/U.Ts
have
the information with regard to the purchase of the
-ecei ved
machines
the concerned State Governments/UTs are directed
therefore,
nc .
the
machines/scanners are not registered under
to
cake immediate action on the basis of the said information and if such
sr-gan i sat i ons
are
us i ng
the
u1trasound
machi nes/scanners
wi thout
themselves registered under the Act, the said machines should
t ting
he sealed and seized for the time being.
It
has
onal Inspection and Monitoring Committee reported:
of
that
further pointed out in the affidavit
been
The
"Under Section
of the Pre-Natal Diagnostic Techniques (Regulation and
Preventi on
the
appropri ate
of
compliance
Misuse)
authority
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
With
Ocmmittee.
It is only by following this mandatory procedure that the
Appropr iate
Author i ty
person
Ths
can grant a certificate of registration
applying for starting a genetic c1inic/1ab/counse1ing
to
a
centre.
Committee found in Chandigarh that there was a complete violation
a
of these mandatory provisions of the Act. *
. .4/-
■5;
I
4
In
the
our view,
the concerned authorities are required to follow
procedure provided under the Act and should not
mandatory
grant
I any certi ficate or registration to any person if the form is in any
way
Hence,
i nc/omp 1 ete .
the concerned authorities are
directed
to
I fo11ow the mandatory procedure prescri bed under the Act before
certi f icate
1 granti ng
or registration to any person
or
organization
using the said machines/scanners.
It
has
also been pointed out by the learned counsel for
the
■
f pet't'.oner that the Union of Ind i a/concerned authorities may also take
che
help of the following Associations or Members for the purpose
: ring
3
I
I
i
informat ion
about
tho user of
ultrasound
the
machines/
s c a r. n e r s :
1 .
INDIAN MEDICAL ASSOCIATION (IMA)
2,
INDIAN RADIOLOGISTS ASSOCIATION
3.
FEDERATION OF OBSTETRICS AND GYNAECOLOGISTS SOCIETY
OF INDIA
I
For
the
(FOGSI)
time being personal presence of the officers of
5
■? --ates is dispensed with.
I
of
List this matter after four weeks.
(D.L. Chugh)
Court Master
J
(K.K. Chadha)
Court Master
^’1
the
Position: 2589 (2 views)