The Union Ministry of Health and Family Welfare has vide Notification dated 4th April, 2020 while exercising its powers under Section 32 of the Pre-conception and Pre-natal Diagnostics Techniques (Prevention of Sex Selection) Act, 1994 (PCPNDT Act) has suspended the implementation of Rule 8, Rule 9(8) and Rule 18A(6) of the Pre-conception and Pre-natal Diagnostics Techniques (Prevention of Sex Selection) Rules, 1994 (PCPNDT Rules) until 30th June, 2020 in view of the emergency situation arisen due to pandemic COVID-19, whereby entire country has been put under lockdown.
This notification is effective retrospectively from the date of the lockdown till 30th June, 2020.
The provisions of Rule 8, Rule9(8) and Rule 18A(6) of PCPNDT Rules, 196 are reproduced hereunder:
Rule 8: Renewal of Registration
(1) An Application for renewal of certificate of registration shall be made in duplicate in Form A, to the Appropriate Authority thirty days before the date of expiry of the certificate of registration. Acknowledgment of receipt of such application shall be issued by the Appropriate Authority in the manner specified in sub-rule (2) of rule 4.
(2) The Appropriate Authority shall, after holding an enquiry and after satisfying itself that the applicant has complied with all the requirements of the Act and these rules and having regard to the advice of the Advisory Committee in this behalf, renew the certificate of registration, as specified in Form B, for further period of five years from the date of expiry of the certificate of registration earlier granted.
(3) If, after enquiry and after giving an opportunity of being heard to the applicant and having regard to the advice of the Advisory Committee, the Appropriate Authority is satisfied that the applicant has not complied with the requirements of the Act and these rules, it shall, for reasons to be recorded in writing, reject the application for renewal of certificate of registration and communicate such rejection to the applicant as specified in Form C.
(4) The fees payable for renewal of certificate of registration shall be on half of the fees provided in sub-rule (1) of rule 5.
(5) On receipt of the renewed certificate of registration in duplicate or on receipt of communication of rejection of application for renewal, both copies of the earlier certificate of registration shall be surrendered immediately to the Appropriate Authority by the Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic and Imaging Centre.
(6) In the event of failure of the Appropriate Authority to renew the certificate of registration or to communicate rejection of application for renewal of registration within a period of ninety days from the date of receipt of application for renewal of registration, the certificate of registration shall be deemed to have been renewed.
Rule 9(8): Maintenance and preservation of records:
Every Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic and Imaging Centre shall send a complete record in respect of all pre-conception or pregnancy related procedures/techniques/tests conducted by them in respect of each month by 5th day of the following month to the concerned Appropriate Authority.
Rule 18A(6): Code of Conduct to be observed by Appropriate Authority
All the Appropriate Authorities including the State, District and Sub-district notified under the Act, inter-alia, shall submit quarterly progress report to the Government of India through State Government and maintain Form H for keeping the information of all the registrations made readily available.
Dr KK Aggarwal
President CMAAO, HCFI and Past National President IMA