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  1. 1. Divisional Level Orientation Workshop Of PCPNDT ACT-1994 Venue-RFPTC Campus Ankit Sharma Moradabad 11 December 2013 1
  2. 2. 11 December 2013 2
  3. 3. Inspection Of Centers 11 December 2013 3
  4. 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. 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. 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. 7. OFFENCE UNDER THE ACT 11 December 2013 7
  8. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 20. How to Verification of Centre Sting Operation:- 11 December 2013 20
  21. 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. 22. Information Should be Display on Notice Board at Every Centre 11 December 2013 22
  23. 23. 11 December 2013 23