Summary
Section 20(1)–(2) permits suspension or cancellation for statutory breaches after notice, hearing and consideration of the Advisory Committee’s advice. Section 20(3) separately permits a no-notice suspension in public interest only for recorded reasons and an interim period; neither suspension order in this case met those requirements.
Issues
- What procedural safeguards apply to suspension under Section 20(1)–(2) compared with public-interest suspension under Section 20(3)?
- Did either of the authority’s suspension orders satisfy the requirements of Section 20?
Provisions considered
- Section 20(1)–(3), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994For a breach under subsections (1)–(2), suspension or cancellation requires notice, a reasonable hearing and regard to the Advisory Committee’s advice. Subsection (3) is an independent, no-notice power to suspend in public interest, requiring written reasons and an interim duration. Neither order here satisfied the applicable requirements. (¶¶ 9, 10, 11, 13, 15, 16, 17, 18)
Held
- Under Section 20(1)–(2), the authority may suspend or cancel registration for a breach of the Act or Rules only after notice, a reasonable opportunity of hearing, and regard to the Advisory Committee’s advice; this power may operate alongside criminal action. (¶¶ 9, 10, 17)
- Section 20(3) confers an independent power to suspend without prior notice where the authority forms an opinion that suspension is necessary or expedient in public interest and records its reasons in writing. It is an exceptional power to be exercised sparingly and for an interim period, not an inordinate duration. (¶¶ 11, 16, 17)
- The first suspension order was an order under Section 20(1)–(2) for alleged statutory breaches but was made without notice or hearing. The later order did not state reasons showing why immediate suspension was necessary or expedient in public interest under Section 20(3). Neither order was valid under that subsection. (¶¶ 12, 13, 14, 15, 16, 18)
Result
Appeal dismissed; the High Court orders setting aside the suspension orders were upheld. As the hospital was operational, no further order to restore registration was necessary. No order as to costs.