Andhra Pradesh Health Department advises manufacturers, dealers, wholesalers etc. against sale of Ultrasound Machines without ensuring valid registration certificate and NOC under PC & PNDT Act

The Office of the Commissioner of Health and Family Welfare in Andhra Pradesh has advised manufacturers, dealers, wholesalers, retailers and persons dealing with sales of ultrasound machines in the State against the sale of ultrasound machines to any person unless they have a registration certificate under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (“Act”).

Further, it is clarified that non-compliance with any provisions of the Act or Rules, will attract penal provisions under Section 25* of the Act.

Background:

The sale of ultrasound machine or imaging machine or scanner or any other equipment capable of detecting sex of foetus is prohibited to any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act.

The Memorandum directs attention to inconsistencies observed in the enforcement of the Act. One of the irregularities observed pertains to the supply of ultrasound machines based solely on the submission of registration applications in Form A. The registration process requires the inclusion of quotations provided by the seller to the individual. Further, there has been an incorrect issuance of NOCs before individuals obtain registration certificates.

Against this backdrop, the Office of the Commissioner of Health, and Family Welfare (Andhra Pradesh) has further directed all District Medial and Health Officers in the State are instructed not to issue No Objection Certificate (NOC) to any individual to purchase the Ultrasound scan machine without a valid registration certificate.

A copy of the memorandum is attached herewith for your reference.

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* Section 25: Penalty for contravention of the provisions of the Act or rules for which no specific punishment is provided. — Whoever contravenes any of the provisions of this Act or any rules made thereunder, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to one thousand rupees or with both and in the case of continuing contravention with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.

Source: Health, and Family Welfare (Andhra Pradesh)