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Activities Under Preconception & Prenatal Diagnostic Techniques (PNDT) Act

About the Project / Scheme

The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 was enacted to provide for the regulation of the use of pre-natal diagnostic techniques for the purpose of detecting generic or metabolic disorders or chromosomal abnormalities or certain congenital malformation or sex linked disorders and for the prevention of the misuse of such techniques for the purpose of pre-natal sex determination leading to female foeticide and for matters connected there with or incidental thereto. This Act was assented by the President on 20th September, 1994.

This act has been amended in 2002. Vide this amendment, few clauses in section of PNDT act and rules or sub-rules have been either omitted, substituted partly or completely, or newly inserted. The Act of Parliament received the assent of the President on the 17th January 2003, and was published for general information called as " THE PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT.2003."

Information of Pre-conception and Pre-ntal Diagnostic Techniques
(Prohibition of Sex Selection) Act.

1. As per the provision of the act,following centers need registration (PC-PNDT Centers)

a. Genetic Counselling Centre
b. Genetic Clinic
c. Genetic Laboratory
d. Ultrasound Clinic
e. Imaging Centre
f. In Vitro Fertilization (IVF) Centre
g. Any other center which is capable of detecting sex of the foetus.

2. The Act provides for carrying out following Pre-Natal Diagnostic Techniques at the above mentioned centers

a. Aminocentesis
b. Chronic Villi Aspiration
c. Cordo centesis
d. Foetal Biopsy
e. Ultrasound Sonography
f. Scanning

3. As per the provisions of the Act, the Pre-Natal Diagnostic Techniques are to be carried out for detection of following diseases/abnormalities

1. Chromosomal abnormalities.
2. Genetic metabolic diseases
3. Haemoglobinopathies
4. Sex linked disorders
5. Congenital anomalies
6. Any other abnormalities or diseases as specified by Central Supervisor Board.

4. The Pre-natal Diagnostic Techniques are generally need to be carried out on the following ante-natal conditions-

1. Age of the pregnant woman is above thirty-five years.
2. The Pregnant woman has undergone two or more spontaneous abortions or foetal loss.
3. The Pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals.
4. The pregnant woman or her spouse has a family history of mental retardation or physical deformities such as , spasticity or any other.

5. Procedure for registration of PC PNDT centers :

The person has to apply in prescribed format to the concerned Appropriate Authorities along with demand draft of Registration Fees.

The Appropriate Authority inspects the place, equipments available and qualifications of appointed employees. Then submits its report to District/Corporation Advisory Committee. After the approval of advisory committee Appropriate Authority issues a Certificate in duplicate. If the Appropriate Authority is not satisfied with the place available equipments or qualification of staff, then the application is rejected.

The Appropriate Authority has grant a certificate of registration or reject the application within 90 days of the receipt of application of registration. Fees for registration is Rs. 3000/- & for renewal of registration Rs. 1500/-

Statement showing the yearwise amount received against the Registration of PCPNDT Centers under the PCPNDT Act at State Level

Sr.No.
Year
Amount Received in Rs.
State Expenditure
1
2002-2003
0
0
2
2003-2004
3934429
0
3
2004-2005
1649765
3247181
4
2005-2006
1077007
1470951
5
2006-2007
170666
130489
6
2007-2008
932395

143110

  Total
7764262
4991731

6. The Act provides for certain restriction on the PC PNDT centers.
The center has to -

a. Exhibit valid registration certificate at prominent place usually in the OPD room.
b. Appoint the Staff as per the qualifications mentioned in the Act.
c. Keep the equipments as per the list given in the Act.
d. Exhibit a board at prominent place mentioning that "Sex determination is not done in this center."
e. Keep booklet of Act readily available in OPD premises.
f. Inform the changes made in the equipments. Workers or he place within 30 days to the concerned Appropriate Authority.
g. Apply within 30 days for renewal of registration certificate.
h. Submit the report in prescribed format before 5th of every month to the concerned Appropriate Authority.

7. Prohibition as per the Act.

The Act does not allow sex selection, sex determination or sex disclosure by any means. The encouragement for sex selection or determination by any body (including husband, relative or friend) is prohibited.
The Act does not allow advertisement for sex selection or sex determination through any media as Television, Radio, Newspaper, Magazines, Internet, handbills etc.8. Technical Qualifications for setting up PC-PNDT Center :

The Act provides for minimum required qualification of the staff for setting up PC-PNDT Center. These are -

For Genetic Counseling Center

a. Gynecologist or pediatrician having six months experience or four weeks training in genetic counseling.
b. Medical Geneticist

For Genetic Laboratory :

a. Medical Geneticist
b. Laboratory Technician (B.Sc with DMLT) with at least one year experience.

For Genetic Clinic/Ultrasound Clinic/Imaging Center :

a. Gynecologist having experience of performing at least 20 procedures in chorionic villi aspirations per vagina or per abdomen,or organ biopsy or foetal blood sampling etc. under supervision of experienced gynecologist in these fields or
b. A sonologist. Imaging Specialist. Radiologist or Registered Medical practitioner having Post Graduate Degree or Diploma or six months training or one year experience in Sonography or image scanning. or
c. Medical Geneticist.

9. The functions and powers of the Appropriate Authority are as under

Functions:

a. Registration of PC PNDT Centers (5161 Registered)
b. Inspection of centers
c. Reports submission to State Appropriate Authorities.
d. To create Awareness.
e. To take action on the recommendations of State Appropriate Authorities.
f. To take legal actions against those who violate the act.
g. To investigate the complaints.

Powers to:

1. Seize the machine
2. Suspend or cancel registration
3. Summon any person
4. Issue search warrant for any place
5. File a complain in Court directly.

10. Punishments as per the ActFor first offence(For Doctors)

a Imprisonment for 3 years and fine upto Rs. 10000/-
b Suspension of Registration of a Doctor till the case is disposed off from the court
c If convicted-cancellation of Registration of a Doctor for five years.

For Subsequent offence(For Doctors)

1. Imprisonment for 5 years and fine upto Rs. 50000/-
2. Permanent cancellation of Registration of a Doctor.

For 1st offence :(Other Persons)
a. Imprisonment for 3 years and fine upto Rs. 10000/-

For 2nd offence :(Other Persons)
a. Imprisonment for 5 years and fine upto Rs. 50000/-

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