ACMO Has No authority under PCPNDT Act 1994

The Issue:

• The Additional Chief Medical Officer (ACMO) filed a complaint against someone for violating the Pre-Conception & Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act).

• This act aims to prevent sex selection by regulating prenatal diagnostic techniques.

The Court's Observation:

• The Allahabad High Court observed that the ACMO doesn't qualify as the "Appropriate Authority" under Section 17 of the PCPNDT Act.

Why it Matters:

• Section 17 of the PCPNDT Act states that only the "Appropriate Authority" can file complaints for violations.

• This court observation clarifies that ACMOs lack the legal power to initiate such complaints.

Possible Ramifications:

• Complaints filed by ACMOs in the past may be challenged based on this observation.

• It highlights the need for complaints to be filed by the designated authority as per the Act.

Who is the Appropriate Authority?

• The PCPNDT Act typically designates the Chief Medical Officer (CMO) or the District Magistrate as the "Appropriate Authority."

• It's important to refer to the specific act provisions or government orders in your state to confirm the designated authority.

17. Appropriate Authority and Advisory Committee.- 1. The Central Government shall appoint, by

notification in the Official Gazette, one or more Appropriate Authorities for each of the Union

territories for the purposes of this Act.

2. The State Government shall appoint, by notification in the Official Gazette, one or more Appro-

priate Authorities for the whole or part of the State for the purposes of this Act having regard to

the intensity of the problem of pre-natal sex determination leading to female foeticide.