Offences and penalty

The Maharashtra Regulation of Use of Pre-Natal Diagnostic Techniques Act, 1988

Health198826 sections

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Statutory text

(1) Any Medical Geneticist, Gynaecologist, Registered Medical Practitioner or any person who owns a centre, laboratory or a clinic or is employed in a centre, laboratory or a clinic, whether as an honorary or otherwise, and who contravenes any of the provisions of this Act or rules made thereunder shall, on conviction, be liable to be punished with rigorous imprisonment for a term which may extend to three years and with fine which may extend to rupees five thousand: Provided that, in the case of every conviction the period of sentence shall not be less than one year and fine shall not be less than rupees one thousand: Provided further that, the name of the Gynaecologist or Registered Medical Practitioner who has been convicted by Court shall be reported by the Appropriate Authority to the Maharashtra Medical Council for taking suitable action including that of suspension of his name from the Register of the Council for a period of two years for the first offence and for permanent removal for subsequent offence.
(2) Any person who seeks the aid of a centre or laboratory or clinic or of a Medical Geneticist or a Gynaecologist or a Medical Practitioner for carrying out pre-natal diagnostic techniques on a pregnant female for any purpose other than those specified in sub-section
(3) of section 4 shall, on conviction, be liable to be punished with rigorous imprisonment for a term which may extend to three years and with fine which may extend to rupees three thousand: Provided that, in the case of every conviction under this sub-section the period of sentence shall not be less than one year and fine shall not be less than rupees one thousand: Provided further that, the Court shall always presume, unless otherwise proved, that a woman who seeks such aid of pre-natal diagnostic procedures on herself has been compelled to do so by her husband or members of his family, who shall, on conviction, be liable to be punished for abetment of the offence under this sub-section for the same sentence and in that case the woman shall be liable to pay a fine of rupees fifty for each such offence.
(3) Whoever contravenes any of the provisions of this Act or any rule or any direction issued 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.

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