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State of Jammu-Kashmir - Section

Section 23 in Jammu and Kashmir Pre-Conception and Pre-Natal Sex Selection/Determination (Prohibition and Regulation) Act, 2002

23. Offences and Penalties

— (1) Any Medical Geneticist, Gynaecologist, Registered Medical Practitioner or any person who owns a Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic or is employed in such a Centre, Laboratory or Clinic, and renders his professional or technical services to or at such a Centre, Laboratory or Clinic, whether on an honorary basis or otherwise, and who contravenes any of the provisions of this Act or rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which may extend to five years and with fine which may extend to fifty thousand rupees.
(2)The name of the registered Medical Practitioner who has been convicted by the Court under sub-section (1) shall be reported by the Appropriate Authority to the respective State Medical Council for taking necessary action including suspension of the registration for two years if the charges are framed, removal of his name from the register of the Council for a period of five years for the first offence and permanently for the subsequent offence.
(3)Any person who seeks the aid of any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or Ultrasound /Imaging Clinic or of a Medical Geneticist, Gynaecologist, Sonologist/Imaging Specialist or Registered Medical Practitioner for preconception sex selection or for conducting prenatal diagnostic techniques on any pregnant women (excluding such woman) for purposes other than those specified in clause (b) of section 4 shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to fifty thousand rupees and on any subsequent conviction with imprisonment which may extend to five years and with fine which may extend to one lakh rupees.