<ul><li>“ Therefore, inaccuracy or deficiency in maintaining the prescribed record shall also amount to violation of the prohibition imposed by section 6 against the Genetic Counseling Centre, Genetic Laboratory or Genetic Clinic and expose such clinic to proceedings under section 20 of the Act.” </li></ul><ul><li>Where section 6 is Determination of sex prohibited </li></ul>Suo Motu - vs State Of Gujarat - on 30 September, 2008 *IN THE HIGH COURT OF GUJARAT AT AHMEDABAD*
Thus the Rules are made and forms are prescribed in aid of the Act and they are so important for implementation of the Act and for prosecution of the offenders, that any improper maintenance of such record is itself made equivalent to violation of the provisions of sections 5 and 6, by virtue of the proviso to sub-section (3) of section 4 of the Act.
<ul><li>(iv) Deficiency or inaccuracy in filling Form F prescribed under Rule 9 of the Rules made under the PNDT Act, being a deficiency or inaccuracy in keeping record in the prescribed manner, it is not a procedural lapse but an independent offence amounting to contravention of the provisions of section 5 or 6 of the PNDT Act and has to be treated and tried accordingly . </li></ul>
Hitesh D. Shah - vs State Of Gujarat & 1 - on 19 June, 2008 Gujarat High Court <ul><li>Therefore, once an inaccuracy or deficiency is found, the burden shifts upon the person conducting the ultrasonography to prove to the contrary, failing which the deficiency or inaccuracy in maintaining the record as prescribed shall be presumed to be a contravention of section 5 or 6 of the Act. </li></ul>
IN THE SUPREME COURT OF INDIA (CEHAT) & Others Versus Union of India & Others <ul><li>. Some learned counsel pointed out that even though the Genetic Counseling Centre, Genetic Laboratories or Genetic Clinics are not registered, no action is taken as provided under Section 23 of the Act, but only a warning is issued. In our view, those Centers which are not registered are required to be prosecuted by the Authorities under the provisions of the Act and there is no question of issue of warning and to permit them to continue their illegal activities . </li></ul><ul><li>Where section 23 is Offences and penalties under the act </li></ul>
MACHINE AT UNREGISTERED PLACE , BUT NO CASE REGISTERED IN ACCORDANCE WITH SUPREME COURT ORDERS
Only mention of public interest in the act is- <ul><li>Section 20 (3). Notwithstanding anything contained in sub-sections (1) and (2), if the Appropriate Authority is, of the opinion that it is necessary or expedient so to do in the public interest , it may, for reasons to be recorded in writing, suspend the registration of any Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic without issuing any such notice referred to in sub-section (1). </li></ul>