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Health Ministry proposes Amendments to PC-PNDT Act

Health Ministry proposes Amendments to PC-PNDT Act

Send Your Suggestions for amendments to PC-PNDT Act  through a email on sopndt-mohfw@gov.in on or before 21st March, 2016.

The Ministry of Health and Family Welfare has recently come out with some proposed amendments to the PC-PNDT Act. These proposed amendments are the result of the recommendations of the expert committee containing members of the government as well associations including IMA, FOGSI as well as IRIA.

The government is also inviting suggestions/views form the stakeholders and general public. You can sent the same through emailon sopndt-mohfw@gov.in on or before 21st March, 2016.

 

The major changes as proposed to the act can be summarised (rewritten) as follows:

  1.  Earlier, the Act laid certain conditions as well as prohibitions on the SALE of the ultrasound machines. Now the conditions as well as prohibitions shall extend to any kind of  TRANSFER, which may/may not be constituted as sale.
  2. Penalties are proposed to be higher with the amendments. It is proposed to divide violations  under the act into those which directly leads to ( as assists in ) Sex Determination to address them separately from other contraventions of the act.
  3. The fine for indulging/assisting/aiding in Sex Determination are proposed to be increased. The fines which were earlier defined as upto Rs 10,000 have been increased to ” upto fifty thousand”, whereas conviction which was ” may extend to three years” is proposed to be ” minimum three years”. Similarly repeat offenders who faced maximum imprisonment of 5 years are proposed to be convicted with imprisonment ” which shall not be less than five years and with a fine which may extend to Rs 1 Lakhs.”
  4. Not abiding by the certain prescribed norms will lead to a fine of minimum Rs 1000 and incase of continuing contravention, additional fine will be of Rs 500 per day. These prescribed norms include:  (a) Wearing an apron with Proper Name place while performing diagnostic procedure (b) Putting up-sign board disclaiming Sex Selection at a prominent place in the clinic  (c) Copy of the PNDT Act always present in the Clinic
  5.  Earlier, Penalty for Contraventions of the Act provisions for which no specific punishment was provided in the Act, could have led to an imprisonment upto three months, or a fine of upto Rs 1000 or both. It is now proposed that or such Contraventions, there may just be a fine which may extend to Rs 10,000   and for continuous contravention, an additional fine which may extend to Rs 1000 everyday. It may also lead to confiscation of sonography machines and other equipments in some cases
  6. Offences by Companies- To increase the accountability of manufactures, it is proposed to be bring Manufacturing companies as separate entities under the act. It is further proposed that  for offences by the company, it should be liable to a punishment of not less than 3 years and a fine not less than 25 lakhs. Further, if any company that refuses or fails to provide sails details of USG machines and other imaging equipments to centre Government and the respective state or District Appropriate Authority, on quarterly basis, or else as desired, will be punishable with a fine of not less than Rs 5 lakhs and in the case of continuous contravention with an additional fine which may extend to Rs 5000 everyday during which such contravention continues
  7. The definition of a Medical Geneticist is proposed to be altered to define a medical geneticist as a person a person who has DM/ MD in medical Genetics recognized by MCI or has worked/ done research for not less than five years in a recognized university or institute or has obtained a doctorate degree in the area of clinical or medical or human genetics after obtained:
    (i)Medical qualifications recognized under the Indian Medical Council Act,1956 (102 of 1956); or(ii)A recognized post graduate degree in subjects like Zoology/ Molecular Biology/ Human Genetics/ Bio-chemistry/ Bio-technology, Biomedical sciences and Biosciences /Life sciences

You can get the full details of the amendments by clicking on the following link

PNDT Proposed amendments

 

9 comment(s) on Health Ministry proposes Amendments to PC-PNDT Act

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  1. The Amendment in existing PCPNDT is forward movement. It shall be also inserted some where who will be right person to recommend any PW to undergone for USG /Scan. Not ANM,Quacks, ASHA, or other medical qualified those not understand the reports. regarding Sex ratio Every death of female child under 5years Notified and Death audited. Every Miscarriage / abortion also be audited by district authority, social issue must be discussed.

  2. user
    DR PANKAJ KUMAR SINGH June 2, 2016, 11:36 am

    judgement given by delhi high court, clearly said that PNDTACT IS ONLY made to supervise whether anyone doing sex determination or not.pndt has no power to check qualification of doctors. and PNDT does not imposed any extra qualification, or training for doing echo/usg.therefore it my suggestion to health ministry to kindly look into this matter and remove six monts training criteria from PCPNDT act.because determination of sex is nothing to do with registered medical practitioner’s qualification.it is matter of doctor’s moral and ethical values rather then qualification.so in my opinion six months training criteria shuold not be there..

  3. user
    Dr.Nikhil Gupta April 15, 2016, 9:27 am

    Difficult to understand why docs r made responsible 4 a crime doing by commen people.. after studying so much for so many yrs what v come to know that radiologists can’t do anything on his own,it seems they r considered as most morally imbalanced persons in country n needs to b controlled by a supreme body.Female feticide is a social problem n should b deal in a way to increase acceptance of female foetus in society.. docs never says anyone to kill female foetus rather people even of influential n well educated family wants to know fetal sex n offers any amount of money for it..now what I want to say is PNDT act must include society within amendments ..like complete prohibition on sale of abortion pills without prescription,D&C only after an affidavit by parents for reason of abortion,complete ban on more than 2 kids

  4. The act should have separate provisions for punishing those of actually commiting the act of determination and those who have erred in mere paper-work.It is not fair to put both in the same boat and give same punishment. Government official instead of finding faults in paperwork of doctors should ensure that forms should be filled for each patient with proper id proof and contact no. Patients should be contacted by Govt. official at random & confirm the status of ongoing pregnancy. some liability should put on pregnant couple also.Strict abortion registry & some onus on couples also.

  5. user
    DR G K TRIPATHI March 15, 2016, 12:53 am

    pcpndt act , a draconian law, only to harassed drs n promote corruption in already corrupt health deptt. its only promote LICENCE RAJ/BABU GIRI in health sector n failed to reduced female foeticide. USG Machine used for diagnosis of thousands disorders n for only one reason , restriction n regulation of this machine is sad parts for patient also. This law only in force for extortion of money by corrupt govt officers.

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