Appoint A.A. and make Regulations as per law within 3 months : Hon. Uttarakhand High Court directs the State. But the Act has not been struck down..
The Petitioner Dr. Vijay Verma filed a PIL bearing No.92/2017 and sought certain directions under PCPNDT Act for imposition of Sec.17 and 33 od the said Act. Let's see at the outset what these sections say in nutshell. Section 17 is the section which constitutes the Appropriate Authority (AA), having plenary powers of suspension, cancellation of the License and which can raid the clinics, cease the Machines and intitiate legal action for breach of provisopro of the Act. There are No. Of case laws on the point of misuse of Power by AA and High Courts have struck down the actions.. Sec. 33 gives the power to the Govt to make regulations and as per Sec 34, rules and regulations should be put before both the houses of Parliment. The Petitioner Doctor contended that he got the RTI information that no such rules and regulations have ever been out before the parliment and there was no AA appointed in Uttarakhand under Sec.17 in Official Gazette, the rules made under the Act...