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Karthik Clinic & Karthik Ultrasound Scan Centre
MICO Layout, II Stage, Arekere, Bannerghatta Road, Bangalore - 560076
PC & PNDT ACT

PC & PNDT ACT – INTRODUCTION

Prenatal child sex determination and female child infanticide has plagued India for long. According to the latest census figures, female infanticide, foeticide and every other form of female infant genocide seems to be alive and kicking. The national female-male sex ratio has dipped to an all-time low of 933/1000. In some states, the situation is dire. Haryana, for example, has 861 females to 1,000 males. Chandigarh has 773, Daman and Diu 709, Punjab, 874. The sex ratio of children in the 0-6 age group is no better. While the all-India figure is 927/1000, it is 793 in both Punjab and Haryana.

The Government of India introduced The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 to curb this practice and brought into operation from 1st January, 1996. PNDT Act and Rules have been amended keeping in view the emerging technologies for selection of sex before and after conception and problems faced in the working of implementation of the ACT and certain directions of Honorable Supreme Court. These amendments have come into operation with effect from 14th February, 2003.

As per this act

  1. No Genetic Counseling 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 Counseling Centre, Genetic Laboratory or Genetic Clinic shall employ or cause to be employed any person who does not possess the prescribed qualifications;
  3. No medical geneticist, gynecologist, pediatrician, registered medical practitioner or any other person shall conduct or cause to be conducted or aid in conducting by himself or through any other person, any pre-natal diagnostic techniques at a place other than a place registered under this Act
To ensure that registered clinics/labs follow this act, the act further requires every Genetic Counseling Centre, Genetic Laboratory and Genetic Clinic to maintain a register showing, in serial order, the names and addresses of the women given genetic counseling, subjected to pre-natal diagnostic procedures or pre-natal diagnostic tests, the names of their husbands or fathers and the date on which they first reported for such counseling, procedure or test. Further every Genetic Counseling Centre, Genetic Laboratory and Genetic Clinic is also required to prominently display on its premises a notice in English and in the local language or languages for the information of the public, to effect that disclosure of the sex of the foetus is prohibited under law. Further the act requires every ultrasound center to submit a monthly report to the local municipal corporation.

The person who contravenes the provisions of this Act is punishable with imprisonment and fine.

Violations under the PC & PNDT Act and the penalties

VIOLATIONS SECTION/RULE OF
THE PC & PNDT ACT
PENALTIES
Minor Offences
Non-availability of copy of the PNDT Act in the registered centre
Non- Display of registration certificate in the centre.
Non-Display of Board in the premises in English and Local Language that ‘Disclosure of the sex of the foetus is prohibited under law’.
Rule No. 17(2)
Rule No. 6(2)
Rule No. 17(1)
For Minor Offences: Case may be launched in the court of JMIC u/s 25 of the Act. Punishment may extend to 3 months or with fine, which may extend to Rs. 1,000/- for first offence.
Additional fine upto Rs. 500/- per day for the period of contravention for subsequent offence.
Or
Show cause notice u/s 20(1),
(2) for temporary suspension of
registration.
Or
Under Section 20(3)
2. Advertisement relating to pre-conception and pre-natal determination of sex. Section 22(1), (2). U/s 22(3) of the PNDT Amendment Act, imprisonment which may extend to 3 years and with fine which may extend to Rs. 10,000/-. Case is to be launched in the court u/s 28 of the Act
3. Unregistered centres. It includes all such centres where any portable equipment capable of detecting sex before or after conception is used. The owner of such equipment may be having a registered facility somewhere else. Section 3 Any such equipment has to be sealed and seized by the Appropriate Authority concerned. He/She may Launch the case in the court u/s 28 of the Act.
Register such centre after receiving 5 times the registration fee as penalty and after taking a undertaking as per the PNDT Rules-Rule 11(2).
4. Irregularities in registered centre
Owner/employee conducting     
the ultrasonography not       
qualified. More ultra sound      
Machines /equipments where  
as less number register.
Minor deficiency in record Keeping.
Section 3(2) and Rule  3(b). Under Rule 4.6 and as per
Form ‘A’. Sr. No. 8
Under rule 9.
The Appropriate Authority or person authorized thereupon may: Issue show cause notice u/s 20(1)(2) of the Act and with the endorsement of the Advisory Committee, may suspend (for a reasonable period) or cancel the registration, as per the magnitude of the violation.

May take Suo Moto action u/s 20(3) and suspend the registration without issuing show cause notice.

Note:
  1. During the period of suspension of registration, the equipment needs to be sealed and signed and kept with the owner. After cancellation of the registration, the equipment has to be sealed and seized.
  2. Anybody aggrieved by the above decision may appeal to the higher-level Appropriate Authority within 30 days of the action. The appeal shall be disposed of by the higher authority within 60 days of its receipt.
5. Record Keeping
Irregularities in record keeping as per revised form ‘F’ are a major offence.
Section 4, 29
and Rule-9.
Contravention (a major offence) of provision of section 5 and 6 of the Act and punishable U/s 23(1) of the PNDT Act.
6. Sex Selection Section 3A. 4(5). 6 read with section 2(0) Section 3A. 4(5). 6 read with section 2(0) Violation of section 5 and 6 of the Act and punishable u/s 23 of the Act.
Note:-
  1. All offences under the Act are cognizable, non-bailable and non-compoundable (Section 27).
  2. Even a case has been registered by the police, no court shall take cognizance except  the complaint has been filed by the AA or by the person/group who had served a legal notice of 15 days to the AA already (section 28).
  3. Action u/s 20 and filing of criminal complaint u/s 28 can go simultaneously (section 20).
For further information : Log on to www.pcpndtbangalore.in
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Services offered:
Ultrasound
  • Early Pregnancy Scan
  • 11-14 Weeks (NT) Scan
  • Mid Trimester Anomaly Scan with Doppler
  • Interval Growth Scan with Doppler
  • End Term Assessment Scan with Doppler
  • 3D/4D Scan
  • Pelvic Scan
  • Abdomino Pelvic Scan
  • Breast Scan
  • Neonatal Abdoment Scan
Aneuploidy Screening
  • First Trimester Screening Test (FTS)
  • Second Trimester Screening Test
  • (Quadruple & Triple)
Genetic Counseling Consultations
  • General
  • Antenatal
  • Paediatric
  • Well-Woman Check Up including PAP Smear
  •   Ultrasound
  •   Aneuploidy Screening
  •   Genetic Counseling Consultations
     

Ultrasound training
  • To gain knowledge of the basics of ultrasound physics
  • To be confident in performing a targeted obstetric scan and identify the common fetal anomalies
  • Understanding fetal biometry
  • To image the normal uterus and adnexae and identify their pathology

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