Pre-Conception and Pre-Natal Diagnostic Techniques

(Prohibition of Sex Selection) Act, 1994


A. Under Rule 3 (a), it is essential for the center to be registered prior to sale/ distribution/supply/rentout/authorization of use of ultrasound/imaging machines.
A. Act & Rules in totality are applicable for Govt. facilities also
A. Registration is mandatory under clause 2 (i), (j), (k) & section 18 of the act. in case Genetic laboratory is functioning, record on form-E has to be maintained. in case the center does not entertain scan for pregnant women, it has to display prominently accordingly and may furnish undertaking to this effect to the AA. in case violation is detected, action under the Act will be taken.
A. Registration is granted for the center and not for the machine and accordingly cannot be used at any other place which is not registered.
A. Renewal of registration is granted under Rule no. 8 and application has to be made 30 days prior to expiry of registration. once the date expires, the place automatically becomes unregistered and action can accordingly be taken.
A. No, record keeping of USG has to be on form F as per Rule no 9(4) & copies of individual form F have to be submitted to the AA every month.
A. No. Under the Act and Rules, deficiency in record keeping is violation of section 4 (3)(V) proviso, section 29 & Rule no 9. No offence is considered a minor offence under the Act
A. Record on a register showing serial no., names and addresses of men and women, names of spouse or father and date of procedure has to be kept under rule no. 9 (1). One can maintain these columns in an ordinary register. There is no requirement of maintaining a patient’s register for Non-PNDT cases. The details have to tally in both.
A. I) At random, check if all columns of the form are filled & duly signed by the patient & the Ultrasonologist especially check the forms of suspected centers.
II) At random, gather Photostat copies of USG reports of some centers from Anti-natal clinics in Govt Hospitals as well as Pvt. Nursing homes & check if corresponding form F are available or not.
A. The matter is learnt to be under consideration of the MOHFW and MCI. Deliberations on this held during the recent CSB and proposed amendments in Rules will be shared by the ministry shortly
A. In case the DAA has taken action under section 20, ask the center to file an appeal under Rule no 19 to the SAA.
A. Under section 20 (3), the AA can take action in public interest by suspension of registration of the center and automatically once the registration is suspended, the machine will be sealed for the period of suspension.
A. No. Only a person (Officer) specifically authorized for a specific day for a specific day & specific centers by the AA can inspect the centers.
A. There is no direct reference to decoy operations in the PC-PNDT Act and Rules. Since the crime of SD and SS is conducted with mutual consent of family, the ultra-sonologist, there is no complainant / evidence, therefore the Govt. or AA can take help of sting operations and decoy patients under section 17 (4) (e).
A. FIR has to be filed for violation of the MTP Act & a court case has to be filed for violation of the PC & PNDT Act separately.
A. The AAs have to perform function (Duties) under section 17(4) & are accountable for enforcement of the Act & Rules in the area of jurisdiction.
A. Yes, Govt. can initiate administrative action under section 17(4) of the Act.
A. The AA is accountable for implementing the Act & Rules. He/she is mandated to initiate due penal action under intimation to higher authorities.
A. The AA can seek opinion from the legal member of the Advisory Committee. The AA can also hire a private lawyer for specific court cases., if required
A. Very few doctors (ultra-sonologists) are indulging into SD but bring a bad name to the whole fraternity. Objective of the PC & PNDT Act is to stop SD/SS and aim is not to harass the medical community. Gather information of suspected centers from field and from health functionaries & keep a close watch specifically on the working of suspected centers.
A. No time frame is specified in the Act/Rules; however the AA needs to check every center at least once in each quarter & send the report to State HQ.
A. Discuss the case in the meeting of the Adv. Committee & consider suspension of the registration until the final decision on the case by the court.
A. The AA cannot change the punishment on his/her own. It can be considered by the Appellate Authority if an appeal has been filed by the erring center.
A. No, as per Rule no. 19(3) each appeal has to be disposed of within 60 days of receipt.
A. The AA or authorized person should usually proceed under Rule no. 11 & spot memo prepared at the time of inspection should clearly indicate inspection under Rule no. 11. It is a good practice to write the deficiencies detected during inspection in the spot memo, which should be signed there & then by the AA/Authorized person & Ultra-sonologist/owner of the center.
A. Yes, court case can also be launched simultaneously along with suspension of registration under Section 20(1) or 20(3).
A. The Ultra-sonologist can conduct self referral USG only if, the said Doctor is running an OPD & also examines pregnant women. He/she has to keep a separate obstetrical checkup record of the Pregnant Woman (PW) examined in his/her clinic. He/she cannot perform USG of PW on the request of patient or relative mentioning the case as self referral or referred by the patient herself
A. i) To help & assist the DAAs in implementation of the Act & Rules
ii) To assist the SAA in State level administrative tasks related to Act implementation
iii) Monthly review of performance of DAAs
iv) Keep a liaison with associated NGO’s
v) Gather information of centers suspected of conducting SD/SS from various sources.
vi) Conduct surprise State led inspections along with DAAs
vii) Liaison with MOHFW