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Divisional Level Orientation Workshop Of PCPNDT ACT-1994 Venue-RFPTC Campus Ankit Sharma Moradabad Saturday, January 22, 2022 1

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April 11, 2023 1

Divisional Level Orientation Workshop Of

PCPNDT ACT-1994Venue-RFPTC Campus

Ankit SharmaMoradabad

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April 11, 2023 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

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April 11, 2023 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

mentioned above

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April 11, 2023 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.

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April 11, 2023 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.

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April 11, 2023 9

OFFENCES SECTION U/THE ACT

Non-registration Section 3

Conducting pre-conception and pre-natal diagnostic

techniques/procedures/testsSection 4

Communication of sex of the foetus Section 5

Determination of sex of the foetus Section 6

Advertisement relating to pre-conception and pre-natal

determination of sexSection 22

Non-maintenance of records Section 29

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April 11, 2023 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

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April 11, 2023 11

OFFENCES PUNISHMENTS/PENALTIES

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

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

Medical practitioners charged or convicted under the Act

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

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April 11, 2023 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.

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April 11, 2023 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 COMMITTEE.

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April 11, 2023 14

ADVISORY COMMITTEE RULES

Meeting of the Advisory CommitteesThe period intervening between any two meetings of the Advisory Committee shall not exceed the prescribed period of sixty days

Notice of MeetingsAt 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.

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April 11, 2023 15

ADVISORY COMMITTEE RULES

QuorumAt every meeting of the Advisory Committee four members shall form a quorum.

Chairman of the MeetingMeetings 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.

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April 11, 2023 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.

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April 11, 2023 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

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April 11, 2023 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

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April 11, 2023 19

• 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.

How to Control Female Foeticide

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April 11, 2023 20

Sting Operation:-

How to Verification of Centre

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April 11, 2023 21

To Check Patient Detail:- Give instruction to every clinic that they

Should submit detail of Patient .

Verify Ultrasound Report

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April 11, 2023 22

Information Should be Display on Notice Board at Every Centre