As you all are in the knowledge of Hon’ble Supreme Court order of 4th march 2013 in a PIL filed by the Voluntary Health Association of Punjab for the effective implementation of PC-PNDT Act particularly in the seven states of India, i.e. State of Haryana, Maharashtra, Uttar Pradesh, Rajasthan, Delhi , Bihar and Punjab. In the view of the Judgment by the Hon’ble Supreme Court we have to monitor implementation of the Apex Court directions for proper implementation of the PC-PNDT Act. The directions are reproduced below for your kind perusal:-
- The Central Supervisory Board and the State and Union Territories Supervisory Boards, constituted under Sections 7 and 16A of PC&PNDT Act, would meet at least once in six months, so as to supervise and oversee how effective is the implementation of the PC&PNDT Act.
- The State Advisory Committees and District Advisory Committees should gather information relating to the breach of the provisions of the PC&PNDT Act and the Rules and take steps to seize records, seal machines and institute legal proceedings, if they notice violation of the provisions of the PC&PNDT Act.
- The Committees mentioned above should report the details of the charges framed and the conviction of the persons who have committed the offence, to the State Medical Councils for proper action, including suspension of the registration of the unit and cancellation of license to practice.
- The authorities should ensure also that all Genetic Counselling Centers, Genetic Laboratories and Genetic Clinics, Infertility Clinics, Scan Centers etc. using pre-conception and pre-natal diagnostic techniques and procedures should maintain all records and all forms, required to be maintained under the Act and the Rules and the duplicate copies of the same be sent to the concerned District Authorities, in accordance with Rule 9(8) of the Rules.
- States and District Advisory Boards should ensure that all manufacturers and sellers of ultra-sonography machines do not sell any machine to any unregistered centre, as provided under Rule 3-A and disclose, on a quarterly basis, to the concerned State/Union Territory and Central Government, a list of persons to whom the machines have been sold, in accordance with Rule 3-A(2) of the Act.
- There will be a direction to all Genetic Counselling Centers, Genetic Laboratories, Clinics etc. to maintain forms A, E, H and other Statutory forms provided under the Rules and if these forms are not properly maintained, appropriate action should be taken by the authorities concerned.
- Steps should also be taken by the State Government and the authorities under the Act for mapping of all registered and unregistered ultra-sonography clinics, in three months time.
- Steps should be taken by the State Governments and the Union Territories to educate the people of the necessity of implementing the provisions of the Act by conducting workshops as well as awareness camps at the State and District levels.
- Special Cell be constituted by the State Governments and the Union Territories to monitor the progress of various cases pending in the Courts under the Act and take steps for their early disposal.
- The authorities concerned should take steps to seize the machines which have been used illegally and contrary to the provisions of the Act and the Rules there under and the seized machines can also be confiscated under the provisions of the Code of Criminal Procedure and be sold, in accordance with law.
- The various Courts in this country should take steps to dispose of all pending cases under the Act, within a period of six months. Communicate this order to the Registrars of various High Courts, who will take appropriate follow up action with due intimation to the concerned Courts.
The next date for hearing in the case is 9th July, 2013.
The consultation also intends to evolve a document which can assist the Apex Court in giving further directions.
So, we plan to convene a One Day Consultation on 19th May 2013 at ISI 10, Institutional Industrial Area, Lodi Road, Near Sai Baba Temple, Delhi.
We are also sending you copy of the order/affidavit filed by your respective state and questionnaire format to be filled by you or your organization concerning with the some PC-PNDT violation and compliance. Because of constrains we will only be able to reimburse your AC 3 Tier fair plus Accommodation at Delhi.
Please block your date 19th May 2013 to participate and confirm to this office arrival and departure and plan your travel and intimate us your arrival and departure with Time and Date. Will remain in touch with you after getting confirmation from you.
Voluntary Health Association of Punjab