Section 19 in The Punjab Pre-Natal Diagnostic Techniques (Control and Regulation) Act, 1994
19. Offences and penalties.
(1)Any medical geneticist, gynaecologist, registered medical practitioner or any other person who is running a genetic clinic, genetic laboratory or genetic counselling centre or is employed in such clinic, laboratory or centre or who gives his services to or at such a clinic, laboratory or centre whether in an honorary capacity or otherwise, and who contravenes any of the provisions of this Act or the rules made thereunder shall, on conviction, be liable to be punished with imprisonment for a term which shall not be less than one year, but which may extend to three years, and with fine which shall not be less than one thousand rupees but which may extend to five thousand rupees, or, with both :Provided that the name of the medical geneticist, gynaecologist or registered medical practitioner who has been convicted by a court, shall be reported by the Authority to the Punjab Medical Council established under section 5 of the Punjab Medical Registration Act, 1916 for taking suitable action including that of suspension of his name from the Register of the Punjab Medical Council for a period of two years for the first offence and for permanent removal for any subsequent offence.(2)Any person who seeks aid at a genetic clinic, genetic laboratory or genetic counselling centre of a medical geneticist or a gynaecologist or a medical practitioner or any other person for carrying out pre-natal diagnostic techniques on pregnant woman for any purpose other than the purpose specified in sub-section (2) of section 4 shall, on conviction, be liable to be punished with imprisonment for a term which shall not be less than one year, but which may extend to three years and with fine which shall not be less than one thousand rupees but which may extend to three thousand rupees or with both :Provided that the court shall always presume, unless otherwise proved, that a woman who seeks such aid of pre-natal diagnostic techniques on herself has been compelled to do so by her husband or by any other member 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 also be liable to be punished with imprisonment for a term which may extend to three months and to pay fine which may extend to five hundred rupees.(3)Whoever contravenes any of the provisions of this Act or any rule or any direction issued thereunder, for which no penalty has elsewhere been 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.(4)Notwithstanding anything contained in sub-sections (1), (2) and (3), the court may, for adequate and special reasons to be recorded in the judgment, impose sentence of imprisonment less than the minimum sentence that can be imposed under this Act.
