Registration of hospitals can’t be cancelled under PC PNDT Act unless appropriate authority deems it necessary in public interest: SC
Delivering an interpretation of the powers vested in the appropriate authorities under the Pre-conception and Pre-natal Diagnostic Techniques (Regulation & Prevention of Misuse) PC PNDT Act, 1994, the Supreme Court of India recently clarified that the authorities can only suspend/cancel the registration of hospital/clinic under Section 20(3) of the Act when such an action is believed to be necessary in the public interest.
“…in our view, the power of subsection (3) of Section 20 of PC&PNDT Act is notwithstanding the power of subsections (1) & (2) of Section 20. The said power can only be exercised when the appropriate authority forms an opinion that it is necessary or expedient in public interest to do so. It is incumbent upon the appropriate authority to form its opinion based on reasons expedient or necessary to exercise the power of suspension,” opined the top court bench comprising Justices J.K. Maheshwari and K.V. Vishwanathan.
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