LAW RESOURCE INDIA

Violations/Penalties – PNDT ACT

Posted in GENDER by NNLRJ INDIA on September 15, 2011

VIOLATIONS UNDER THE PNDT ACT AND THE PENALTIES

VIOLATIONS SECTION/RULE

OF

THE 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.

Any body 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.

 

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) 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).

 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).

Action u/s 20 and filing of criminal complaint u/s 28 can go simultaneously (section 20).

One Response

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  1. Pradeep Kamal Wadehra said, on September 15, 2011 at 09:02

    For default or offence under the PNDT Act is a criminal Complaint filed before the JMIC or can the Police lodgw an FIR?.


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