Pre-Conception and Pre-Natal Diagnostic Techniques


Orders  were  issued  for  appointment  of Appropriate Authorities and for Constitution of Advisory Committees as required under the provisions of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.  In the letter, the Commissioner of Health  &  Family  Welfare,  A.P.,  Hyderabad  has  informed  that  the  Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 and Pre- Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Rules, 1996 have been amended as the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rule, 1996 respectively and as per amendment it is required to appoint a Multi-Member Appropriate Authority at the State level instead of single member Appropriate Authority at State Level as required under the Act and Rules. Accordingly, the Government of Andhra Pradesh have reconstituted the Multi-Member Appropriate Authority vide G. O.

Based on the proposals submitted by the Commissioner of Health & Family Welfare, A.P., Hyderabad and after careful examination of the matter, the Government have decided to reconstitute the District and Sub-District Level Multi- Member  Appropriate  Authority  and  Advisory  Committees  for  effective implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994.

3.       The Commissioner of Health and Family Welfare, A.P. Hyderabad shall take necessary action in the matter.

4.      Accordingly, the following Notifications will be published in the Extra-ordinary issue of Andhra Pradesh Gazette: dt.06-12-2012.

NOTIFICATION – I

In exercise of the powers conferred by sub-section (2) of Section 17 of the Pre Conception and Pre-Natal Diagnostic Techniques (Prohibition of sex selection) Act, 1994 (Central Act No.57 of 1994) the Government of Andhra Pradesh, hereby reconstitute the following District and Sub-District Level Multi-Member Appropriate Authorities for purpose of said Act

I)      DISTRICT LEVEL MULTI-MEMBER APPROPRIATE ALUTHORITIES

(A)    STRUCTURE:

 

(i) The Collector & District Magistrate, CHAIRPERSON / CHAIRMAN
(ii) The    District   Medical   &   Health   Officer concerned MEMBER-SECRETARY / CONVENER
(iii) The District Judge

MEMBER

(iv) The Superintendent of Police

MEMBER

(v) Eminent  NGO   to  be  nominated  by  theCollector & District Magistrate

MEMBER

B)     FUNCTIONS:

Under section sub-section (4) of Section 17, of the Pre-Conception and Pre- Natal Diagnostic Techniques Act, 1994 the Multi-Member Appropriate Authority has following functions; namely,–

(a)     To grant, suspend or cancel registration of the Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic etc.

(b)    To  enforce  standards  prescribed for  Genetic  Counselling  Centre,  Genetic

Laboratory or Genetic Clinic etc.,

(c)     To investigate complaints of breach of the provision of the Act or the rules made there-under and to take immediate action;

(d)    To seek and consider the advice of the Advisory Committee constituted under sub-section (5), on application for registration and on complaints for suspension or cancellation of registration

(e)     To  take  appropriate  legal  action  against  the  use  of  any  sex  selection techniques by any person at any place, sue-motto or brought to its notice

and also to initiate independent investigations in such matter

(f)     To create public awareness against the practice of sex selection or pre-natal determination of sex;

(g)    To supervise the implementation of the provisions of the Act and Rules in their jurisdiction;

(h)     To recommend to the Board (Central Supervisory Board) and State Board modification required in the rules in accordance with changes in technology or social conditions;

(i)     To take action on the recommendation of the Advisory Committee made after investigation of complaint for suspension or cancellation of registration.

(j)     In  addition  to  above,  any  other  functions  as  specified  by  the  Central Supervisory   Board,   State  Supervisory   Board,   State   Appropriate   Authority; competent  courts  or  any  other  competent  authority.  Keeping  in  view  of  the

significance of the matter and it is being public welfare and public interest programme  (under  the ‘save  the  girl  child  norm”), the District Appropriate

Authority for PC&PNDT Act shall be concentrate personally on the implementation of the programme in his / her jurisdiction. It is advised not to delegate the powers / authorization to any other officers even though, if any special circumstances arises,

to delegate the powers / authorization to any other officer for the purpose, the final authority and disposal should be the District Appropriate Authority / Collector & District Magistrate of district concerned.

(k)     Under sub-rule (2) of Rule 5, of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection Rule, 1996) the application fee shall be paid by a Demand Draft drawn in favour of the Appropriate Authority on any scheduled Bank (preferably Nationalized Bank) payable at the head-quarters of the Appropriate Authority concerned. The fee collected by the Appropriate Authorities for registration of Genetic Counselling Centre, Genetic Laboratory, Genetic Clinics, Ultrasound Clinic and Imaging Centre or any other body or person under sub-rule (1), shall be deposited by the Appropriate Authority concerned in a bank account opened  in  the  name  of  the  official  designation  of  the  Appropriate  Authority concerned and shall be utilized by the Appropriate Authority in connection with the activities connected with implementation of the provisions of the Act and these rules.

(C)    TERMS AND CONDITIONS:

(1)    The Appropriate Authority shall meet at least once in a month.

(2)    Even though the intervening period of each meeting shall be one month, depending upon the situation, necessity and during emergency arises, the

special meeting shall be convened by the authority;

(3)    Whenever the Chairperson / Chairman feels that convene of Appropriate

Authority meeting may be essential and depending upon the necessity or in any case of emergency situation special meeting may also be convened. The Authority can co-opt / invitees representatives of Women Development & Child   Welfare,   Education,   Panchayat   Raj   and  Rural  Development Departments etc., for the meeting convened by the Chairman / Chairperson, District Level Multi-Member Authority;

(4)    The term of the Appropriate Authority i.e. nominated non-official member at Sl. No. v will be 3 (three years);

(5)    The remaining appropriate authorities i.e. officials will be permanent and unchanged authority;

(6)    The reconstitution of Multi-Member Appropriate Authority will be done by the

State Supervisory Board / Government on the basis of recommendation of the  Chairperson  /  Chairman,  District  Level  Multi-Member  Appropriate Authority  for  PC&PNDT  Act,  district  concerned  through  Chairperson  / Chairman, State Level Multi-Member Appropriate Authority;

(7)    To extend assistance to the teams, committees, officials deputed by the State Appropriate Authority in their jurisdiction with the help of Member Secretary, DM&HO concerned and their supporting officer / staff;

(8)    The  Chairman  /  Chairperson,  District  Level  Multi-Member  Appropriate

Authority can depute, authorize any person for any purpose connecting with the implementation of the Act,  as per existing provisions and rules of the Act;

(9)    Press releases / news articles may be issued on implementation of PC&PNDT Act once in month;

(10)   At least 10% of each of survey, inspection, search & seizure respectively

should be done every month from the available total number of registered facilities available under the Act in the district by the District Appropriate Authority in every month, without fail with the help of the DM&HO (Member Secretary / Convener of District Level Multi-Member Appropriate Authority) and their supporting staff concerned;

(11)  Any other assignment as specified by the Government of India, Central Supervisory Board, State Government, State Supervisory Board for effective implementation of the Act and Rules in the State / District;

(12)    under  sub-rule  (2)  of  Rule  5  under  the  Pre-Conception  and  Pre-Natal

Diagnostic Techniques (Prohibition of Sex Selection) Rules 1996, the account shall be opened in any Nationalized Bank only in the Head Quarters and shall be hold / operated jointly in the official name of the Chairperson / Chairman,

District Multi-Member Appropriate Authority (PC&PNDT) / Collector & District Magistrate and the Member Secretary / Convener, District Multi-Member Appropriate Authority; District Medical & Health Officer concerned.

(13)   The usage of said funds may be as under:

(i)     To  conduct,  District  and  Sub-District  Level  Appropriate  and  Advisory Committee Meetings; and their related expenditure such as preparation of information, material, any other as approved by the District Advisory Committee

(ii)     Public  Awareness  Campaigns  /  Meetings  expenses  i.e.  preparation  and printing of booklets, pamphlets, broachers, usage of public addressin

system, exhibition of slides, clippings,  cultural activities,  depending upon the nature of expenditure; booking of venue if necessary, refreshments as approved by the District Advisory Committee. If the expenditure is high and beyond limit, the administrative sanction or proposal to release of such amount by the State Appropriate Authority is most essential. The miscellaneous expenses may also be incurred maximum of Rs.3000/- per quarter.

(iii)    The administrative expenditure for implementation of the Act and Rules in the District only may be prefer to meet unless sufficient funds available under PC&PNDT Act.

(iv)    Any other requirements as the District Advisory Committee may be guided and  sanctioned  depending  upon  the  local  needs.  For  the  purpose,  as prescribed by the Central Supervisory Board, Government of India, State Supervisory Board, State Appropriate Authority or any other competent authority,

(v)     No diversification of funds / tapping of fund under PC&PNDT Act should not be allowed. If any such diversification of funds / tapping of funds already

committed earlier, the same should be regularized / reimbursed immediately

(vi)    While making any expenditure it is noticed that the generation of funds in the subject is very limited. i. e., through registration and renewal fee only. The generation of such funds will be once in 5 years only. The amount should be adjusted  till  5  years,  unless  additional  generation  of  funds  undertaken through  imposing  of  fines;  penalties  etc,  duly  making  effective  survey, inspection; search & seizure and closure down the institute etc. No other sources are available to generate funds. Hence, when any expenditure proposed the said points may be considered and optimum rationalization and essentiality may be kept in view.

II)    SUB-DISTRICT LEVEL MULTI-MEMBER APPROPRIATE AUTHORIES (A) STRUCTURE:

 

(i) Revenue Division Officer (to be nominated by the Collector& District Magistrate, CHAIRPERSON / CHAIRMAN
(ii) The Programme Officer in the O/o  District Medical & Health Officer concerned (G. O. Rt. No. 740; HM&FW (D1) Dept; Dated 07.07.2001)

MEMBER- SECRETARY / CONVENER

(iii) The representative under category of Legal expert to be nominated  by  the  District  Judge  /  Collector  &  DistrictMagistrate MEMBER
(iv) The   representative   from   Police   Department,   to   be nominated by the Superintendent of Police MEMBER
(v) Eminent NGO to be nominated by the Collector & DistrictMagistrate MEMBER

 

(B)    FUNCTIONS:

(1)    To extend assistance to the District Level Multi-Member Appropriate Authority on the following, with the help of Member Secretary / Convener of the Sub- District Level Multi-Member Appropriate Authority

(a)     To grant, suspend or cancel registration all registered premises under the Act in their jurisdiction,

(b)    To enforce standards prescribed for all registered premises under the Act

(c)     To investigate complaints of breach of the provision of the Act or the rules made there-under and to take immediate action against violators of the Act and Rules as directed by the District and State Level Multi-Member Authority; Government of India, Central Supervisory Board, State Supervisory Board and other competent authority under the Act.

(d)    To seek and consider the advice of the Advisory Committee constituted under sub-section  (5),  on  application  for  registration  and  on  complaints  for suspension or cancellation of registration

(e)     To  take  appropriate  legal  action  against  the  use  of  any  sex  selection techniques by any person at any place, sue-motto or brought to its notice and also to initiate independent investigations in such matter

(f)     To create public awareness against the practice of sex selection or pre-natal determination of sex;, Action Plan s, Budget Proposals, reports, lists, and other periodicals shall be prepared with the help of Member Secretary of the Sub-District Level Multi-Member Appropriate Authority and their sub-ordinate officers and staff available

(g)    To supervise the implementation of the provisions of the Act and Rules

(h)    To recommend to the Board and State Boards modification required in the rules in accordance with changes in technology or social conditions;

(i)     To take action on the recommendation of the Advisory Committee made after investigation of complaint for suspension or cancellation of registration.

(j)    In addition to above, any other function as specified by the Government of India, Central Supervisory Board, State Supervisory Board, State Appropriate Authority; competent court or any other competent authority

(C)    TERMS AND CONDITIONS:

(1)    The Sub-District Appropriate Authority shall meet at least once in a month.

(2)    Even though the intervening period of each meeting shall be one month, depending upon the situation, necessity and during emergency the special

meeting shall be convened

(3)    Whenever  the  Chairperson  /  Chairman  feel that  convene  of  Appropriate

Authority meeting may be essential and depending upon the necessity or in any case of emergency situation special meeting may also be convened. The Authority can co-opt / invitees representatives Women Development & Child Welfare, Education, Panchayat Raj and Rural Development etc., Departments for the meeting convened by the Chairman / Chairperson, District Level Multi-Member Authority

(4)    The term of the Appropriate Authority i.e. nominated non-official member at

Sl.No.v will be 3 (three years)

(5)    The remaining appropriate authorities i.e. officials will be permanent and unchanged authority.

(6)    The reconstitution of Sub-District Multi-Member Appropriate Authority will be done by the State Supervisory Board / Government on the basis of recommendation of the Chairperson/Chairman, District Level Multi-Member Appropriate  Authority  for  the  Pre-Conception  and  Pre-Natal  Diagnostic Techniques Act, 1994 concerned.

(7)    To extend assistance to the teams, committees, officials deputed by the State and District Appropriate Authority in their jurisdiction with the help of Member Secretary, of Sub-District Level Multi-Member Appropriate Authority concerned. .

(8)    The  Chairman  /  Chairperson,  State  and  District  Level  Multi-Membe Appropriate Authority can depute, authorize any person for any purpose connecting with the implementation of the Act, as per existing provisions and rules of the Act.

(9)    Press releases / news articles etc may be issued on implementation of the Pre-Conception  and  Pre-Natal  Diagnostic  Techniques  Act,  1994  once  in month.

(10)   Any other assignment as specified by the Government of India, Central Supervisory Board, State Government, State Supervisory Board for effective implementation of the Act and Rules in the State / District.

(11)   At least 10% of each of survey, inspection, search & seizure respectively

should be done every month from the available total number of registered facilities available under the Act in their jurisdiction by the Sub-District Appropriate Authority concerned in every month, without fail with the help of the Programme Officer in the O/o DM&HO (Member Secretary / Convener of District Level Multi-Member Appropriate Authority) and their supporting staff concerned.

NOTIFICATION – II

In exercise of the powers conferred by sub-section (5) of Section 17 of the

Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 the Government of Andhra Pradesh, hereby reconstitute the following District and Sub-District Level Advisory Committees for each Appropriate Authority to aid and advise the Appropriate Authority in the discharge of its functions for purposes of said Act;

I) DISTRICT LEVEL ADVISORY COMMITTEE: (A) STRUCTURE:

(1) District Medical & Health Officer Chairperson / Chairman
(2) Three   3   Medical   experts   from       amongst   (1) Gynecologists & Obstetricians, (2) Pediatricians & (3)Medical  Geneticists  (Preferably  those  working  in  the

Government) to be nominated by the Collector & District

Magistrate concerned

3 members

(to be nominated by the District Collector)

(3) District Public Prosecutor (Legal Expert category) Member
(4) District Public Relations Officers Member
(5) Three eminent social workers whom not less than one shall    be   from   amongst   representative   of  Womenorganization. to be nominated by the Collector & District

Magistrate concerned.

Members

(to be nominated by the District

Collector)

6() The Programme Officer who is dealing with the subject of PC&PNDT Act in the O/o District Medical & Health Officer concerned Member Secretary / Convener

 

(B)    TERMS AND CONDITIONS:

(1)    The Committee will meet once in TWO MONTHS and submit the report to the Chairperson / Chairman, District and State Level Multi-Member Appropriate Authority regarding their activities carried out by them and advise action to be initiated against the violators of the provisions of Act and Rules with the help of supporting officers and staff of District Medical & Health Officers concerned. Even though the intervene period of each meeting will be TWO MONTHS;    the  special meeting  may be  convened by the  Chairperson  / Chairman or Member-Secretary / Convener of the Committee will depending upon necessity or by nature of emergency etc.

(2)    The Term of the Committee is THREE YEARS. The term will be extended for ONE MORE YEAR by the State Supervisory Board / State Government on the basis of proposal submitted by the Chairperson / Chairman, District Level Advisory Committee or Chairperson / Chairman, District Level Multi-Member Appropriate Authority for the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994.

(3)    The term of office of a member other than ex-officio member shall be THREE YEARS. It can be extended for a period of ONE MORE YEAR by, Chairperson / Chairman, District Level Multi-Member Appropriate Authority duly submitting proposal  to  the  State  Level  Multi-Member  Appropriate  Authority  well  in advance and retransmission to the State Government / State Supervisory Board.

(4)    If a vacancy occurs in the office of any member other than ex-officio member it shall be filled by making fresh appointment. Relevant proposal has to be submitted to State Level Multi-Member Appropriate Authority and onward submission to State Supervisory Board / Government

(5)    In case of ex-officio member membership falls vacant due to any reason such as  transfer, promotion, retirement   by   superannuating or   voluntary retirement, retrenchment, and dismissal from service etc., it can be filled

automatically by the successor or in-charge of such post as the membership is by DESIGNATION ONLY.

(6)    One-third of the total number of members of the Committee shall constitute the quorum.

(7)    The Committee may co-opt a member as and when required, provided that the number co-opted member does not exceed one-third of the total strength of the Committee.

(8)    The co-opted members shall have the same powers and functions as other members,  except  the  right  to  vote  and  shall  abide  by  the  rules  and regulations.

(9)    In respect of the matter not specified in the above terms and conditions, the Chairperson / Chairman, District Level Advisory Committee shall follow the procedure and conditions as are applicable to the Committee which are specified   by   the   Pre-Conception   &   Pre-Natal   Diagnostic   Techniques

(Prohibition of Sex Selection) Act, 1994 and Rules 1996 (including amendments time to time carried out to the Act and Rules by Government of India, as and when circulated to the State and District Level Multi-Member Appropriate Authority or any other statutory body) or Central Supervisory Board or Government of India or State Supervisory Board or State Government etc.

(C)  FUNCTIONS OF THE COMMITTEE:

To advise the District Level Multi-Member Appropriate Authority on the following and submit their report to the District Authority under intimation to the State Authority

(1)    On survey, inspection, search & seizure and closure down the institutes etc., under the Act and Rules

(2)    On survey, analysis, feed-back of study of low sex ratio areas, high rate

MTPs taken place in the districts; and the reasons thereof; the details of institutional deliveries etc.,

(3)    Inspection  and  monitoring  of  IEC  and  activities  generated  for  social

awareness being / to be pursued in District for implementation of the Act with help of District Medical & Health Officer of district concerned and their supporting officers and staff.

(4)     On  prosecution  launched  against  un-registered  bodies  and  violators  of provisions of the Act and Rules and Orders of the Hon’ble Supreme Court of

India or Hon’ble Court or any other competent courts, with the help of the member of the District Level Advisory Committee and legal consultant in the

O/o DM&HO

(5)    Monitoring of compliances of Hon’ble Supreme Court of India orders or any other competent courts

(6)    Any other assignment as prescribed by the Act and Chairperson / Chairman of the Committee.

(D)   DISQUALIFICATIONS FOR APPOINTMENT AS MEMBER:

A person shall be disqualified for being appointed as member, if he

(1)    Has convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government / State Government / State Supervisory Board / State Appropriate Authority, involves moral aptitude; or

(2)    Is an un-discharged insolvent; or

(3)    Is of un-sound mind and stands so declared by a competent court; or

(4)    Has  been  removed  or  dismissed  from  the  service  of  Government  or  a Corporation owned or controlled by the Government; or

(5)    Has, in the opinion of the Central Government / State Government / State Supervisory Board / State Appropriate Authority, such financial or other interest in the Committee as is likely to affect prejudicially the discharge by him of his functions as a member; or

(6)    Has, in the opinion of the Central Government / State Government / State

Supervisory Board / State Appropriate Authority, been associated with the use or promotion of pre-natal diagnostic techniques for determination of sex or with any sex selection techniques

(E)    ELIGIBILITY OF MEMBER FOR REAPPOINTMENT:

Subject to the other terms and conditions of service as may be prescribed, any person ceasing to be a member shall be eligible for re-appointment as such member, provided that no member other than an ex-officio member shall be appointed for more than THREE CONSECUTIVE TERMS. If the extension of consecutive term of above (THREE) prescribed term of a particular member, by the Chairperson / Chairman, District Level Advisory Committee shall be through the State Level Multi-Member Appropriate Authority and onward transmission to the State Government / State Supervisory Board.

II)    Sub-District Level Advisory Committee: A) STRUCTURE:

(1) Programme Officer in the O/o DM&HO concerned as perG.O. Rt. No. 740; HM&FW (D1) Dept; Dated 07.07.2001 Chairperson / Chairman
2 Three   3   Medical   experts   from       amongst   (1) Gynecologists  & Obstetricians, (2) Pediatricians &  (3)Medical  Geneticists  (Preferably  those  working  in  the

Government) to be nominated by the Collector & District

Magistrate  on  the  basis  of  recommendation  of  the

District Medical & Health Officer concerned.

3 members

(to be nominated by the District Collector)

(3) Asst.  Public  Prosecutor  Legal  Expert  category  to  beNominated by the District Judge / Collector & District

Magistrate concerned

Member
(4) Divisional  Public  Relations  Officers  /  Assistant  PublicRelations Officer to be nominated by the District Public Relations Officer / Collector & District Magistrate concerned. Member
(5) Three eminent social workers whom not less than one shall    be   from   amongst   representative   of   Womenorganization. to be nominated by the Collector & District

Magistrate concerned.

Members
(6) The Programme Officer;  who is dealing with the subject of PC&PNDT Act in the O/o DM&HO; concerned

Member

Secretary / Convener

B)     TERMS AND CONDITIONS OF THE COMMITTEE:

(1)    The Committee will meet once in TWO MONTHS and submit the report to the Chairperson / Chairman, District and State Level Multi-Member Appropriate Authority regarding their activities carried out and action to be initiated against the violators of the provisions of Act and Rules with the help of supporting officers / staff of District Medical & Health Officers concerned. Even though the intervene period of each meeting will be TWO MONTHS;  the special meeting may be convened by the Chairperson / Chairman or Member- Secretary / Convener of the Committee will depending upon necessity or by nature of emergency etc.

(2)    The Term of the Committee is THREE YEARS. The term will be extended for ONE MORE YEAR by the State Supervisory Board / State Government on the basis of proposal submitted by the Chairperson / Chairman, District Level Advisory Committee or Chairperson / Chairman, District Level Multi-Member Appropriate  Authority  for  the  Pre-Conception  and  Pre-Natal  Diagnostic Techniques Act, 1994;

(3)    The term of office of a member other than ex-officio member shall be THREE YEARS. It can be extended for a period of ONE MORE YEAR by, Chairperson / Chairman, District Level Multi-Member Appropriate Authority duly submitting proposal to the State Level Mullti-Member Appropriate Authority well in advance and retransmission to the State Government / State Supervisory Board.

(4)    If a vacancy occurs in the office of any member other than ex-officio member it shall be filled by making fresh appointment. Relevant proposal has to be submitted to State Level Multi-Member Appropriate Authority and onward submission to State Supervisory Board / Government

(5)    In case of ex-officio member membership falls vacant due to any reason such as transfer,   promotion,   retirement   by   superannuating   or   voluntary retirement, retrenchment, and dismissal from service etc., it can be filled automatically by the successor or in-charge of such post as the membership is by DESIGNATION ONLY.

(6)    One-third of the total number of members of the Committee shall constitute the quorum.

(7)    The Committee may co-opt a member as and when required, provided that the number co-opted member does not exceed one-third of the total strength of the Committee.

(8)    The co-opted members shall have the same powers and functions as other members,  except  the  right  to  vote  and  shall  abide  by  the  rules  and regulations.

(9)    In respect of the matter not specified in the above terms and conditions, the Chairperson / Chairman, District Level Advisory Committee shall follow the procedure and conditions as are applicable to the Committee which are specified   by   the   Pre-Conception   &   Pre-Natal  Diagnostic   Techniques (Prohibition of Sex Selection) Act, 1994 and Rules 1996 (including amendments time to time carried out to the Act and Rules by Government of India, as and when circulated to the State and District Level Multi-Member Appropriate Authority or any other statutory body) or Central Supervisory Board  or  Government  of  India  or  State  Supervisory  Board  or  State Government etc.

(C)    FUNCTIONS OF THE COMMITTEE:

To advise the Sub-District and District Level Multi-Member Appropriate Authority on the following and submit report of their activities carried out by the Committee under intimation to the State Authority

(1)    On survey, inspection, search & seizure and closure down the institutes etc., under the Act and Rules in their jurisdiction

(2)    On survey, analysis, feed-back of study of low sex ratio areas, high rate MTPs taken place in the districts; and the reasons thereof; the details of institutional deliveries etc. in their jurisdiction,

(3)    Inspection  and  monitoring  of  IEC  and  activities  generated  for  social awareness being / to be pursued in District for implementation of the Act with help of District Medical & Health Officer or Sub-District Appropriate Authority / SPHO etc., of district concerned and their supporting officers and staff.

(4)     On  prosecution  launched  against  un-registered  bodies  and  violators  of provisions of the Act and Rules and Orders of the Hon’ble Supreme Court of India or Hon’ble Court or any other competent courts, with the help of the member of the Sub-District Level Advisory Committee and legal consultant in the O/o DM&HO

(5)    Monitoring of compliances of Hon’ble Supreme Court of India orders or any other competent courts

(6)    Any other assignment as prescribed by the Act and Chairperson / Chairman of the Committee.

(D)   DISQUALIFICATIONS FOR APPOINTMENT AS MEMBER:

A person shall be disqualified for being appointed as member, if he

(1)    Has convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government / State Government / State Supervisory Board / State Appropriate Authority, involves moral turpitude; or

(2)    Is an un-discharged insolvent; or

(3)    Is of un-sound mind and stands so declared by a competent court; or

(4)    Has  been  removed  or  dismissed  from  the  service  of  Government  or  a Corporation owned or controlled by the Government; or

(5)    Has, in the opinion of the Central Government / State Government / State Supervisory Board / State Appropriate Authority, such financial or other interest in the Committee as is likely to affect prejudicially the discharge by him of his functions as a member; or

(6)    Has, in the opinion of the Central Government / State Government / State Supervisory Board / State Appropriate Authority, been associated with the use or promotion of pre-natal diagnostic techniques for determination of sex or with any sex selection techniques

(E)        ELIGIBILITY OF MEMBER FOR REAPPOINTMENT:

Subject to the other terms and conditions of service as may be prescribed, any person ceasing to be a member shall be eligible for re-appointment as such member, provided that no member other than an ex-officio member shall be appointed for more  than THREE CONSECUTIVE TERMS. If the extension of consecutive term of above (THREE) prescribed term of a particular member, by the Chairperson / Chairman, District Level Advisory Committee shall be through the State Level Multi-Member Appropriate Authority and onward transmission to the State Government / State Supervisory Board.

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