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Divisional Level Orientation Workshop
Of
PCPNDT ACT-1994
Venue-RFPTC Campus
Ankit Sharma
Moradabad
11 December 2013

1
11 December 2013

2
Inspection Of Centers

11 December 2013

3
PUBLIC INFORMATION
 A Notice Board in local language displaying that no sex
determination/sex selection is done at the clinic and
determination of sex is prohibited under the
Act, prominently outside the clinic
 Registration Certificate be hung at conspicuous place in
the clinic where it can be seen easily

 A booklet of latest PCPNDT Act & Rules

11 December 2013

4
RECORDS TO BE MAINTAINED
 Register showing details of person undergoing counseling/test
 Consent forms from man/woman undergoing counseling or test on Form G

 Record of each woman undergoing counseling on Form D
 Record

of

each

woman/man

undergoing

Pre-Natal

Diagnostic

tests/procedures/ techniques on Form E
 Record of each man/woman subjected to tests/ techniques/procedures on
Form F
 All records, consent forms, results, microscopic pictures, sonographic
plates to be preserved for two years or till disposal of legal proceedings, if

any
 Records maintained on computer or other electronic equipment- printed
copy of records should be preserved after due authentication for period as

11 December 2013

mentioned above

5
 Each Registered centre should send report on prescribed form on 5th of
every month to Appropriate Authority
 Declaration by person conducting Ultrasonography or image scanning on
pregnant women on each report, stating that sex determination or

communication of sex has been done by him.

 Any deficiency or inaccuracy therein shall amount to contravention
of provisions of section 5 and 6 and is punishable under the Act.

11 December 2013

6
OFFENCE UNDER THE ACT

11 December 2013

7
WHAT IS AN OFFENCE UNDER THE ACT


Advertisement for sex determination through Pre-natal Diagnostic Techniques



Determining the sex of foetus through these techniques



Conducting /running Genetic Counseling Center, Genetic Clinic or Genetic Laboratory
including Ultrasound Center without registration



Person conducting or aiding in conducting Pre-Natal Diagnostic Techniques at
unregistered place



Conducting Pre-Natal Diagnostic Test/Techniques for purposes other than mentioned in
the Act



Encouraging or forcing women to undergo Pre-Natal Diagnostic test for sex determination



Offence under the Act is cognizable, non-bailable and non-compoundable.
11 December 2013

8
OFFENCES

SECTION U/THE ACT

Non-registration

Section 3

Conducting pre-conception and prenatal diagnostic
techniques/procedures/tests

Section 4

Communication of sex of the foetus

Section 5

Determination of sex of the foetus

Section 6

Advertisement relating to preconception and pre-natal
determination of sex

Section 22

Non-maintenance of records

Section 29

11 December 2013

9
OFFENCES

PUNISHMENTS/PENALTIES

Advertisement relating to pre-conception
and pre-natal determination of sex

Imprisonment for a term which may extend
to three years AND with fine which may
extend to ten thousand rupees

Owning/being employed in/rendering his
professional or technical services at a USG
Centre/Clinic, etc. which violates provisions
of the Act

Imprisonment for a term up to three years
AND with fine which may extend to ten
thousand rupees.
Subsequent conviction shall attract
imprisonment for a term up to five years
AND with fine up to fifty thousand rupees

Seeking aid of Genetic Centres, etc. or any
other person for determination of sex in
violation of the Act

Imprisonment up to three years AND with
fine up to fifty thousand rupees.
Subsequent conviction attracts
imprisonment up to five years AND fine up
to one lakh rupees

11 December 2013

10
OFFENCES

For contravening any provision of the
Act or Rules for which no specific
punishment has been provided

Medical practitioners charged or
convicted under the Act

11 December 2013

PUNISHMENTS/PENALTIES
Imprisonment for a term up to three
months OR with fine up to one
thousand rupees OR with both. In the
case of continuing contravention with
an additional fine of up to five hundred
rupees for every day during which the
contravention continues after
conviction
Charged: Name of the medical
practitioner shall be reported by the AA
to the State Medical Council concerned
Convicted: Removal of his name from
the register of the Council for a period
of five years for the first offence and
permanently for any subsequent
offence
11
POWERS OF APPROPRIATE AUTHORITY
a) Summoning of any person who is in possession of
any information relating to violation of the
provisions of the Act or the Rules made
thereunder
b) Production of any document or material object
relating to clause
c) Issuing search warrant for any place suspected to
be indulging in sex selection technique or pre-natal
sex determination and
d) Any other matter which may be prescribed.
11 December 2013

12
ADVISORY COMMITTEE SHALL CONSIST OF
 Three medical experts from amongst
gynaecologists, obstetricians, paediatricians, and medical
geneticists
 One legal expert
 One officer to represent the department dealing with
information and publicity of the State Government or the
Union Territory, as the case may be
 Three eminent social workers of whom not less than one shall
be from amongst representatives of women’s organizations
 NO PERSON WHO HAS BEEN ASSOCIATED WITH THE USE OR PROMOTION
OF PRE-NATAL DIAGNOSTIC TECHNIQUES FOR DETERMINATION OF SEX OR
SEX SELECTION SHALL BE APPOINTED AS A MEMBER OF THE ADVISORY
11 December 2013
13
COMMITTEE.
ADVISORY COMMITTEE RULES
 Meeting of the Advisory Committees
The period intervening between any two
meetings of the Advisory Committee shall not
exceed the prescribed period of sixty days

 Notice of Meetings
At least seven clear days notice of all meetings
of the Advisory Committee shall be given to
each member but an urgent meeting may be
called by the Chairman at three clear days
notice.
11 December 2013

14
ADVISORY COMMITTEE RULES
 Quorum
At every meeting of the Advisory Committee
four members shall form a quorum.
 Chairman of the Meeting
Meetings of the Advisory Committee shall be
presided over by the Chairman or in his/her
absence, or if no chairman has been appointed,
by a member elected by the members present
from among themselves.
11 December 2013

15
ADVISORY COMMITTEE RULES
 Assistance to be rendered by the Appropriate
Authority to the Advisory Committee
 Every meeting of the Advisory Committee shall be
attended by the Appropriate Authority concerned
 All secretarial and other assistance to the Advisory
Committee for the discharge of its functions shall
be provided by the Appropriate Authority
 The Appropriate Authority shall issue the notice of
the meeting, agenda, notes on agenda and the
minutes of the meeting, in consultation with the
Chairman.
11 December 2013

16
EFFECTIVE IMPLEMENTATION OF THE ACT
WHAT TO DO
 Thorough inspection of place, equipments and technical
qualification of employees/operator at the time of
registration/renewal
 Regular inspection of all registered Genetic Centres. At least
10 % of centres should be inspected every month covering
100 % centres every year
 Keep track on centres due for renewal every month

 Keep track/monitor centres not submitting monthly report
on prescribed Performa and form F, and file cases against
defaulters in CGM court
11 December 2013

17
 Look out for advertisements by centres, otherwise banned
under the Act
 Immediately suspend the centre and also file case against
owner of the centre if found contravening provisions of the
act

A lawyer can be engaged for filing and contesting
the cases in the court out of the funds deposited in
the bank in the name of Appropriate Authority

11 December 2013

18
How to Control Female Foeticide
• All private doctors in the city will have to
submit a report to the civic body every month
regarding the number of women whose
pregnancies they have confirmed. The objective
is also to keep track of the functioning of
sonography centers that these women
eventually get sent to for regular checks on the
fetal growth.
11 December 2013

19
How to Verification of Centre
Sting Operation:-

11 December 2013

20
Verify Ultrasound Report
To Check Patient Detail:Give instruction to every clinic that they
Should submit detail of Patient .

11 December 2013

21
Information Should be Display on
Notice Board at Every Centre

11 December 2013

22
11 December 2013

23

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Ankit

  • 1. Divisional Level Orientation Workshop Of PCPNDT ACT-1994 Venue-RFPTC Campus Ankit Sharma Moradabad 11 December 2013 1
  • 3. Inspection Of Centers 11 December 2013 3
  • 4. PUBLIC INFORMATION  A Notice Board in local language displaying that no sex determination/sex selection is done at the clinic and determination of sex is prohibited under the Act, prominently outside the clinic  Registration Certificate be hung at conspicuous place in the clinic where it can be seen easily  A booklet of latest PCPNDT Act & Rules 11 December 2013 4
  • 5. RECORDS TO BE MAINTAINED  Register showing details of person undergoing counseling/test  Consent forms from man/woman undergoing counseling or test on Form G  Record of each woman undergoing counseling on Form D  Record of each woman/man undergoing Pre-Natal Diagnostic tests/procedures/ techniques on Form E  Record of each man/woman subjected to tests/ techniques/procedures on Form F  All records, consent forms, results, microscopic pictures, sonographic plates to be preserved for two years or till disposal of legal proceedings, if any  Records maintained on computer or other electronic equipment- printed copy of records should be preserved after due authentication for period as 11 December 2013 mentioned above 5
  • 6.  Each Registered centre should send report on prescribed form on 5th of every month to Appropriate Authority  Declaration by person conducting Ultrasonography or image scanning on pregnant women on each report, stating that sex determination or communication of sex has been done by him.  Any deficiency or inaccuracy therein shall amount to contravention of provisions of section 5 and 6 and is punishable under the Act. 11 December 2013 6
  • 7. OFFENCE UNDER THE ACT 11 December 2013 7
  • 8. WHAT IS AN OFFENCE UNDER THE ACT  Advertisement for sex determination through Pre-natal Diagnostic Techniques  Determining the sex of foetus through these techniques  Conducting /running Genetic Counseling Center, Genetic Clinic or Genetic Laboratory including Ultrasound Center without registration  Person conducting or aiding in conducting Pre-Natal Diagnostic Techniques at unregistered place  Conducting Pre-Natal Diagnostic Test/Techniques for purposes other than mentioned in the Act  Encouraging or forcing women to undergo Pre-Natal Diagnostic test for sex determination  Offence under the Act is cognizable, non-bailable and non-compoundable. 11 December 2013 8
  • 9. OFFENCES SECTION U/THE ACT Non-registration Section 3 Conducting pre-conception and prenatal diagnostic techniques/procedures/tests Section 4 Communication of sex of the foetus Section 5 Determination of sex of the foetus Section 6 Advertisement relating to preconception and pre-natal determination of sex Section 22 Non-maintenance of records Section 29 11 December 2013 9
  • 10. OFFENCES PUNISHMENTS/PENALTIES Advertisement relating to pre-conception and pre-natal determination of sex Imprisonment for a term which may extend to three years AND with fine which may extend to ten thousand rupees Owning/being employed in/rendering his professional or technical services at a USG Centre/Clinic, etc. which violates provisions of the Act Imprisonment for a term up to three years AND with fine which may extend to ten thousand rupees. Subsequent conviction shall attract imprisonment for a term up to five years AND with fine up to fifty thousand rupees Seeking aid of Genetic Centres, etc. or any other person for determination of sex in violation of the Act Imprisonment up to three years AND with fine up to fifty thousand rupees. Subsequent conviction attracts imprisonment up to five years AND fine up to one lakh rupees 11 December 2013 10
  • 11. OFFENCES For contravening any provision of the Act or Rules for which no specific punishment has been provided Medical practitioners charged or convicted under the Act 11 December 2013 PUNISHMENTS/PENALTIES Imprisonment for a term up to three months OR with fine up to one thousand rupees OR with both. In the case of continuing contravention with an additional fine of up to five hundred rupees for every day during which the contravention continues after conviction Charged: Name of the medical practitioner shall be reported by the AA to the State Medical Council concerned Convicted: Removal of his name from the register of the Council for a period of five years for the first offence and permanently for any subsequent offence 11
  • 12. POWERS OF APPROPRIATE AUTHORITY a) Summoning of any person who is in possession of any information relating to violation of the provisions of the Act or the Rules made thereunder b) Production of any document or material object relating to clause c) Issuing search warrant for any place suspected to be indulging in sex selection technique or pre-natal sex determination and d) Any other matter which may be prescribed. 11 December 2013 12
  • 13. ADVISORY COMMITTEE SHALL CONSIST OF  Three medical experts from amongst gynaecologists, obstetricians, paediatricians, and medical geneticists  One legal expert  One officer to represent the department dealing with information and publicity of the State Government or the Union Territory, as the case may be  Three eminent social workers of whom not less than one shall be from amongst representatives of women’s organizations  NO PERSON WHO HAS BEEN ASSOCIATED WITH THE USE OR PROMOTION OF PRE-NATAL DIAGNOSTIC TECHNIQUES FOR DETERMINATION OF SEX OR SEX SELECTION SHALL BE APPOINTED AS A MEMBER OF THE ADVISORY 11 December 2013 13 COMMITTEE.
  • 14. ADVISORY COMMITTEE RULES  Meeting of the Advisory Committees The period intervening between any two meetings of the Advisory Committee shall not exceed the prescribed period of sixty days  Notice of Meetings At least seven clear days notice of all meetings of the Advisory Committee shall be given to each member but an urgent meeting may be called by the Chairman at three clear days notice. 11 December 2013 14
  • 15. ADVISORY COMMITTEE RULES  Quorum At every meeting of the Advisory Committee four members shall form a quorum.  Chairman of the Meeting Meetings of the Advisory Committee shall be presided over by the Chairman or in his/her absence, or if no chairman has been appointed, by a member elected by the members present from among themselves. 11 December 2013 15
  • 16. ADVISORY COMMITTEE RULES  Assistance to be rendered by the Appropriate Authority to the Advisory Committee  Every meeting of the Advisory Committee shall be attended by the Appropriate Authority concerned  All secretarial and other assistance to the Advisory Committee for the discharge of its functions shall be provided by the Appropriate Authority  The Appropriate Authority shall issue the notice of the meeting, agenda, notes on agenda and the minutes of the meeting, in consultation with the Chairman. 11 December 2013 16
  • 17. EFFECTIVE IMPLEMENTATION OF THE ACT WHAT TO DO  Thorough inspection of place, equipments and technical qualification of employees/operator at the time of registration/renewal  Regular inspection of all registered Genetic Centres. At least 10 % of centres should be inspected every month covering 100 % centres every year  Keep track on centres due for renewal every month  Keep track/monitor centres not submitting monthly report on prescribed Performa and form F, and file cases against defaulters in CGM court 11 December 2013 17
  • 18.  Look out for advertisements by centres, otherwise banned under the Act  Immediately suspend the centre and also file case against owner of the centre if found contravening provisions of the act A lawyer can be engaged for filing and contesting the cases in the court out of the funds deposited in the bank in the name of Appropriate Authority 11 December 2013 18
  • 19. How to Control Female Foeticide • All private doctors in the city will have to submit a report to the civic body every month regarding the number of women whose pregnancies they have confirmed. The objective is also to keep track of the functioning of sonography centers that these women eventually get sent to for regular checks on the fetal growth. 11 December 2013 19
  • 20. How to Verification of Centre Sting Operation:- 11 December 2013 20
  • 21. Verify Ultrasound Report To Check Patient Detail:Give instruction to every clinic that they Should submit detail of Patient . 11 December 2013 21
  • 22. Information Should be Display on Notice Board at Every Centre 11 December 2013 22