| 20th September, 1994 |
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| An Act to provide for the regulation of the use of
pre-natal diagnostic techniques for the purpose of detecting genetic or
metabolic disorders or chromosomal abnormalities or certain congenital
malformations or sex linked disorders and for the prevention of the
misuse of such techniques for the purpose of pre-natal sex
determination leading to female foeticide; and, for matters connected
there with or incidental thereto. |
| BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:-- |
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| CHAPTER I |
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| PRELIMINARY |
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Short title, extent and commencement.-
- This Act may be called the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.
- It shall extend to the whole of India except the State of Jammu and Kashmir.
- It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
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| 2. Definitions.- In this Act, unless the context otherwise requires,-- |
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Appropriate Authority" means the Appropriate Authority appointed under section 17 |
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Board" means the Central Supervisory Board constituted under section 7 |
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Genetic Counseling Centre" means an institute,
hospital, nursing home or any place, by whatever name called, which
provides for genetic counselling to patients |
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Genetic Clinic" means a clinic, institute, hospital,
nursing home or any place, by whatever name called, which is used for
conducting pre-natal diagnostic procedures |
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Genetic Laboratory" means a laboratory and includes a
place where facilities are provided for conducting analysis or tests
of samples received from Genetic Clinic for pre-natal diagnostic |
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Gynecologist" means a person who possesses a post- graduate qualification in gynecology and obstetrics |
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Medical geneticist" means a person who possesses a
degree or diploma or certificate in medical genetics in the field of
pre-natal diagnostic techniques or has experience of not less than two
years in such field after obtaining |
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- any one of the medical qualifications recognised under the Indian Medical Council Act, 1956 (102 of 1956)
- a post-graduate degree in biological sciences;
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Pediatrician" means a person who possesses a post- graduate qualification in pediatrics; |
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pre-natal diagnostic procedures" means all
gynecological or obstetrical or medical procedures such as
ultrasonography foetoscopy, taking or removing samples of amniotic
fluid, chorionic villi, blood or any tissue of a pregnant woman for
being sent to a Genetic Laboratory or Genetic Clinic for conducting
pre-natal diagnostic test; |
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pre-natal diagnostic techniques" includes all pre-natal diagnostic procedures and pre-natal diagnostic tests |
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pre-natal diagnostic test" means ultrasonography or
any test or analysis of amniotic fluid, chorionic villi, blood or any
tissue of a pregnant woman conducted to detect genetic or metabolic
disorders or chromosomal abnormalities or congenital anomalies or
haemoglobinopathies or sex-linked diseases |
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prescribed" means prescribed by rules made under
this Act;
(m) "registered medical practitioner" means a medical practitioner
who possesses any recognised medical qualification as defined in clause |
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of section 2 of the Indian Medical Council Act, 1956, (102 of 1956.) and whose name has been entered in a State Medical Register |
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regulations" means regulations framed by the Board under this Act. |
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| CHAPTER II |
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| REGULATION OF GENETIC COUNSELLING CENTRES, GENETIC LABORATORIES AND GENETIC CLINICS |
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On and from the commencement of this Act,-- |
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no Genetic Counselling Centre, Genetic Laboratory or
Genetic Clinic unless registered under this Act, shall conduct or
associate with, or help in, conducting activities relating to
pre-natal diagnostic techniques; |
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no Genetic Counselling Centre, Genetic Laboratory
or Genetic Clinic shall employ or cause to be employed any person who
does not possess the prescribed qualifications |
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no medical geneticist, gynaecologist,
paediatrician, registered medical practitioner or any other person
shall conduct or cause to be conducted or aid in conducting by hSMIelf
or through any other person, any pre-natal diagnostic techniques at a
place other than a place registered under this Act. |
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| CHAPTER III |
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| REGULATION OF PRE-NATAL DIAGNOSTIC TECHNIQUES |
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Regulation of pre-natal diagnostic techniques. |
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o place including a registered Genetic Counselling
Centre or Genetic Laboratory or Genetic Clinic shall be used or caused
to be used by any person for conducting pre-natal diagnostic techniques
except for the purposes specified in clause and after satisfying any of the conditions specified in clause |
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no pre-natal diagnostic techniques shall be
conducted except for the purposes of detection of any of the following
abnormalities, namely |
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- chromosomal abnormalities
- genetic metabolic diseases
- haemoglobinopathies
- sex-linked genetic diseases
- congenital anomalies
- any other abnormalities or diseases as may be specified by the Central Supervisory Board
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no pre-natal diagnostic techniques shall be used or
conducted unless the person qualified to do so is satisfied that any of
the following conditions are fulfilled, namely |
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- age of the pregnant woman is above thirty-five years
- the pregnant woman has undergone of two or more spontaneous abortions or foetal loss
- the pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals
- the pregnant woman has a family history of
mental retardation or physical deformities such as spasticity or any
other genetic disease
- any other condition as may be specified by the Central Supervisory Board
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no person, being a relative or the husband of the
pregnant woman shall seek or encourage the conduct of any pre-natal
diagnostic techniques on her except for the purpose specified in clause |
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| Written consent of pregnant woman and prohibition of communicating the sex of foetus. |
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- No person referred to in clause
- of section 3 shall conduct the pre-natal diagnostic procedures unless
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- he has explained all known side and after effects of such procedures to the pregnant woman concerned;
- he has obtained in the prescribed form her
written consent to undergo such procedures in the language which she
understands; and
- a copy of her written consent obtained under clause (b) is given to the pregnant woman.
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no person, being a relative or the husband of the
pregnant woman shall seek or encourage the conduct of any pre-natal
diagnostic techniques on her except for the purpose specified in clause |
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Written consent of pregnant woman and prohibition of communicating the sex of foetus |
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(1) No person referred to in clause (2) of section 3 shall conduct the pre-natal diagnostic procedures unless |
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- he has explained all known side and after effects of such procedures to the pregnant woman concerned
- he has obtained in the prescribed form her written
consent to undergo such procedures in the language which she
understands; and
- a copy of her written consent obtained under clause (b) is given to the pregnant woman
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No person conducting pre-natal diagnostic
procedures shall communicate to the pregnant woman concerned or her
relatives the sex of the foetus by words, signs or in any other manner |
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| Determination of sex prohibited |
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On and from the commencement of this Act |
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no Genetic Counselling Centre or Genetic Laboratory
or Genetic Clinic shall conduct or cause to be conducted in its
Centre, Laboratory or Clinic, pre-natal diagnostic techniques including
ultrasonography, for the purpose of determining the sex of a foetus |
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no person shall conduct or cause to be conducted any
pre-natal diagnostic techniques including ultrasonography for the
purpose of determining the sex of a foetus. |
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| CHAPTER IV |
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| CENTRAL SUPERVISORY BOARD |
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| 7. Constitution of Central Supervisory Board.- |
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| The Central Government shall constitute a Board to
be known as the Central Supervisory Board to exercise the powers and
perform the functions conferred on the Board under this Act. |
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| The Board shall consist of |
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- the Minister in charge of the Ministry or Department of Family Welfare, who shall be the Chairman, ex officio
- the Secretary to the Government of India in charge of the
Department of Family Welfare, who shall be the Vice-Chairman,
ex-officio
- two members to be appointed by the Central Government to
represent the Ministries of Central Government in charge of Woman and
Child Development and of Law and Justice, ex-officio
- the Director General of Health Services of the Central Government, ex officio
- ten members to be appointed by the Central Government, two each from amongst
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- eminent medical geneticists
- eminent gynaecologists and obstetricians
- eminent paediatricians
- eminent social scientists; and
- representatives of women welfare organisations
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- three women Members of Parliament, of whom two shall be elected by the House of the People and one by the Council of States;
- four members to be appointed by the Central Government by rotation
to represent the States and the Union territories, two in the
alphabetical order and two in the reverse alphabetical order
- Provided that no appointment under this clause shall be made except
on the recommendation of the State Government or, as the case may be,
the Union territory
- an officer, not below the rank of a Joint Secretary or equivalent
of the Central Government, in charge of Family Welfare, who shall be
the Member-Secretary, ex officio.
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| Term of office of members |
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The term of office of a member, other than an ex officio member, shall be |
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n case of appointment under clause (e) or clause (f) of sub-section (2) of section 7, three years; and |
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(b)in case of appointment under clause (g) of the said subsection, one year. |
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If a casual vacancy occurs in the office of any
other members, whether by reason of his death, resignation or inability
to discharge his functions owing to illness or other incapacity, such
vacancy shall be filled by the Central Government by making a fresh
appointment and the member so appointed shall hold office for the
remainder of the term of office of the person in whose place he is so
appointed |
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The Vice-Chairman shall perform such functions as may be assigned to him by the Chairman from time to time. |
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The procedure to be followed by the members in the discharge of their functions shall be such as may be prescribed. |
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| Meetings of the Board |
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The Board shall meet at such time and place, and
shall observe such rules of procedure in regard to the transaction of
business at its meetings (including the quorum at such meetings) as may
be provided by regulations: |
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Provided that the Board shall meet at least once in six months. |
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The Chairman and in his absence the Vice-Chairman shall preside at the meetings of the Board. |
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If for any reason the Chairman or the Vice-Chairman
is unable to attend any meeting of the Board, any other member chosen
by the members present at the meeting shall |
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preside at the meeting. |
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All questions which come up before any meeting of
the Board shall be decided by a majority of the votes of the members
present and voting, and in the event of an equality of votes, the
Chairman, or in his absence, the person presiding, shall have and
exercise a second or casting vote. |
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Members other than ex officio members shall receive such allowances, if any, from the Board as may be prescribed. |
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| 10. Vacancies, etc., not to invalidate proceedings of the Board.:- |
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No act or proceeding of the Board shall be invalid merely by reason of |
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- any vacancy in, or any defect in the constitution of, the Board; or
- any defect in the appointment of a person acting as a member of the Board; or
- any irregularity in the procedure of the Board not affecting the merits of the case.
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| 11. Temporary association of persons with the Board for particular purposes. |
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The Board may associate with itself, in such
manner and for such purposes as may be determined by regulations, any
person whose assistance or advice it may desire in carrying out any of
the provisions of this Act. |
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A person associated with it by the Board under sub-section |
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for any purpose shall have a right to take part in
the discussions relevant to that purpose, but shall not have a right
to vote at a meeting of the Board and shall not be a member for any
other purpose. |
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| 12. Appointment or officers and other employees of the Board.- |
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For the purpose of enabling it efficiently to
discharge its functions under this Act, the Board may, subject to such
regulations as may be made in this behalf, appoint (whether on
deputation or otherwise) such number of officers and other employees as
it may consider necessary:
Provided that the appointment of such category of officers, as
may be specified in such regulations, shall be subject to the approval
of the Central Government. |
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Every officer or other employee appointed by the
Board shall be subject to such conditions of service and shall be
entitled to such remuneration as may be specified in the regulations. |
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| 13. Authentication of orders and other instruments of the Board.- |
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| All orders and decisions of the Board shall be authenticated by the
signature of the Chairman or any other member authorised by the Board
in this behalf, and all other instruments issued by the Board shall be
authenticated by the signature of the Member-Secretary or any other
officer of the Board authorised in like manner in this behalf. |
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| 16. Disqualifications for appointment as member.- |
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| A person shall be disqualified for being appointed as a member if, he— |
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- Has been convicted and
sentenced to imprisonment for an offence which, in the opinion of the
Central Government, involves moral turpitude; or
- Is an undischarged insolvent; or
- Is of unsound mind and stands so declared by a competent court; or
- Has been removed or dismissed from the service of the Government or a Corporation owned or controlled by the Government; or
- Has, in the opinion of the Central Government, such financial or
other interest in the Board as is likely to affect prejudicially the
discharge by him of his functions as a member;
- Has, in the opinion of the Central Government, been associated with
the use or promotion of pre-natal diagnostic technique for
determination of sex.
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| 15. Eligibility of member for reappointment.- |
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Subject to the other terms and conditions of service
as may be prescribed, any person ceasing to be a member shall be
eligible for reappointment as such member. |
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| 16. Functions of the Board. |
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| The Board shall have the following functions, namely |
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- To advise the Government on policy matters relating to use of pre-natal diagnostic techniques
- To review implementation of the Act and the rules made thereunder
and recommend changes in the said Act and rules to the Central
Government
- To create public awareness against the practice of pre-natal determination of sex and female foeticide
- To lay down code of conduct to be observed by persons
working at Genetic Counselling Centres, Genetic Laboratories and
Genetic Clinics
- Any other functions as may be specified under the Act.
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| CHAPTER V |
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| APPROPRIATE AUTHORITY AND ADVISORY COMMITTEE |
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Appropriate Authority and Advisory Committee.- |
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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. |
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The State Government shall appoint, by notification
in the Official Gazette, one or more Appropriate 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. |
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The officers appointed as Appropriate Authorities under sub- section (1) or sub-section (2) shall be,-- |
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- when appointed for the whole
of the State or the Union territory, of or above the rank of the Joint
Director of Health and Family Welfare
- when appointed for any part of the State or the
Union territory, of such other rank as the State Government or the
Central Government, as the case may be, may deem fit
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The Appropriate Authority shall have the following functions, namely:-- |
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- to grant, suspend or cancel registration of a Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic;
- to enforce standards prescribed for the Genetic Counselling Centre, Genetic Laboratory and Genetic Clinic;
- to investigate complaints of breach of the provisions of this Act or the rules made thereunder and take immediate action; and
- to seek and consider the advice of the Advisory Committee, constituted under sub-section
- on application for registration and on complaints for suspension or cancellation of registration.
- The Central Government or the State Government, as
the case may be, shall constitute an Advisory Committee for each
Appropriate Authority to aid and advise the Appropriate Authority in the
discharge of its functions, and shall appoint one of the members of the
Advisory Committee to be its Chairman.
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The Advisory Committee shall consist of— |
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- three medical experts from amongst gynaecologists, obstericians, paediatricians and medical geneticists;
- one legal expert;
- one officer to represent the department dealing
with information and publicity of the State Government or the Union
territory, as the case may be;
- three eminent social workers of whom not less than one shall be from amongst representatives of women's organisations.
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No person who, in the opinion of the Central
Government or the State Government, as the case may be, has been
associated with the use or promotion of pre-natal diagnostic technique
for determination of sex shall be appointed as a member of the Advisory
Committee. |
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The Advisory Committee may meet as and when it
thinks fit or on the request of the Appropriate Authority for
consideration of any application for registration or any complaint for
suspension or cancellation of registration and to give advice thereon:
Provided that the period intervening between any two meetings shall not
exceed the prescribed period. |
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The terms and conditions subject to which a person
may be appointed to the Advisory Committee and the procedure to be
followed by such Committee in the discharge of its functions shall be
such as may be prescribed. |
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| CHAPTER VI |
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| REGISTRATION OF GENETIC COUNSELLING CENTRES, GENETIC LABORATORIES AND GENETIC CLINICS |
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| Registration of Genetic Counselling Centres, Genetic Laboratories or Genetic Clinics |
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No person shall open any Genetic Counselling
Centre, Genetic Laboratory or Genetic Clinic after the commencement of
this Act unless such Centre, Laboratory or Clinic is duly registered
separately or jointly under this Act. |
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Every application for registration under sub-section
(1), shall be made to the Appropriate Authority in such form and in
such manner and shall be accompanied by such fees as may be prescribed. |
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4, immediately before the commencement of this Act,
shall apply for registration within sixty days from the date of such
commencement. |
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Subject to the provisions of section 6, every
Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic
engaged in counselling or conducting pre-natal diagnostic techniques
shall cease to conduct any such counselling or technique on the expiry
of six months from the date of commencement of this Act unless such
Centre, Laboratory or Clinic has applied for registration and is so
registered separately or jointly or till such application is disposed
of, whichever is earlier. |
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No Genetic Counselling Centre, Genetic Laboratory
or Genetic Clinic shall be registered under this Act unless the
Appropriate Authority is satisfied that such Centre, Laboratory or
Clinic is in a position to provide such facilities, maintain such
equipment and standards as may be prescribed. |
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| Certificate of registration.- |
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The Appropriate Authority shall, after holding an
inquiry and after satisfying itself that the applicant has complied with
all the requirements of this Act and the rules made thereunder and
having regard to the advice of the Advisory Committee in this behalf,
grant a certificate of registration in the prescribed form jointly or
separately to the Genetic Counselling Centre, Genetic Laboratory or
Genetic Clinic, as the case may be. |
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If, after the inquiry and after giving an
opportunity of being heard to the applicant and having regard to the
advice of the Advisory Committee, the Appropriate Authority is
satisfied that the applicant has not complied with the requirements of
this Act or the rules, it shall, for reasons to be recorded in writing,
reject the application for registration. |
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Every certificate of registration shall be renewed
in such manner and after such period and on payment of such fees as may
be prescribed. |
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The certificate of registration shall be displayed
by the registered Genetic Counselling Centre, Genetic Laboratory or
Genetic Clinic in a conspicuous place at its place of business. |
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| Cancellation or suspension of registration. |
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The Appropriate Authority may suo moto, or
on complaint, issue a notice to the Genetic Counselling Centre, Genetic
Laboratory or Genetic Clinic to show cause why its registration should
not be suspended or cancelled for the reasons mentioned in the notice. |
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If, after giving a reasonable opportunity of being
heard to the Genetic Counselling Centre, Genetic Laboratory or Genetic
Clinic and having regard to the advice of the Advisory Committee, the
Appropriate Authority is satisfied that there has been a breach of the
provisions of this Act or the rules, it may, without prejudice to any
criminal action that it may take against such Centre, Laboratory or
Clinic, suspend its registration for such period as it may think fit or
cancel its registration, as the case may be. |
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Notwithstanding anything contained in sub-sections
(1) and (2), if the Appropriate Authority is, of the opinion that it is
necessary or expedient so to do in the public interest, it may, for
reasons to be recorded in writing, suspend the registration of any
Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic
without issuing any such notice referred to in sub-section (1). |
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| Appeal. |
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The Genetic Counselling Centre, Genetic Laboratory
or Genetic Clinic may, within thirty days from the date of receipt of
the order of suspension or cancellation of registration passed by the
Appropriate Authority under section 20, prefer an appeal against such
order to— |
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- the Central Government, where the appeal is against the order of the Central Appropriate Authority; and
- the State Government, where the appeal is against the order of the State Appropriate Authority, in the prescribed manner.
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| CHAPTER VII |
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| OFFENCES AND PENALTIES |
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| Prohibition of advertisement relating to pre-natal determination of sex and punishment for contravention.- |
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No person, organisation, Genetic Counselling Centre,
Genetic Laboratory or Genetic Clinic shall issue or cause to be issued
any advertisement in any manner regarding facilities of pre-natal
determination of sex available at such Centre, Laboratory, Clinic or any
other place. |
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No person or organisation shall publish or
distribute or cause to be published or distributed any advertisement in
any manner regarding facilites of pre-natal determination of sex
available at any Genetic Counselling Centre, Genetic Laboratory, Genetic
Clinic or any other place. |
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Any person who contravenes the provisions of sub-section |
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(a) or sub-section (b) shall be punishable with
imprisonment for a term which may extend to three years and with fine
which may extend to ten thousand rupees. |
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Explanation.--For the purposes of this section,
"advertisement" includes any notice, circular, label wrapper or other
document and also includes any visible representation made by means of
any light, sound, smoke or gas. |
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| 23. Offences and penalties.- |
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Any medical geneticist, gynaecologist, registered
medical practitioner or any person who owns a Genetic Counselling
Centre, a Genetic Laboratory or a 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. |
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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 the removal of his name from the
register of the Council for a period of two years for the first offence
and permanently for the subsequent offence. |
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Any person who seeks the aid of a Genetic
Counselling Centre, Genetic Laboratory or Genetic Clinic or of a medical
geneticist, gynaecologist or registered medical practitioner for
conducting pre- natal diagnostic techniques on any pregnant woman
(including such woman unless she was compelled to undergo such
diagnostic techniques) for purposes other than those specified in clause
(2) of section 4, 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. |
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| 24. Presumption in the case of conduct of pre-natal diagnostic techniques.- |
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Notwithstanding anything in the Indian Evidence Act,
1872 (1 of 1872), the court shall presume unless the contrary is proved
that the pregnant woman has been compelled by her husband or the
relative to undergo pre-natal diagnostic technique and such person shall
be liable for abetment of offence under sub-section |
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of section 23 and shall be punishable for the offence specified under that section. |
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| 25. Penalty for contravention of the provisions of the Act or rules for which no specific punishment is provided.- |
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Whoever contravenes any of the provisions of this
Act or any rules made thereunder, for which no penalty has been
elsewhere provided in this Act, shall be punishable with imprisonment
for a term which may extend to three months or with fine, which may
extend to one thousand rupees or with both and in the case of continuing
contravention with an additional fine which may extend to five hundred
rupees for every day during which such contravention continues after
conviction for the first such contravention. |
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| 26. Offences by companies.- |
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Where any offence, punishable under this Act has
been committed by a company, every person who, at the time the offence
was committed was in charge of, and was responsible to the
company for the conduct of the business of the company, as well as
the company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render
any such person liable to any punishment, if he proves that the offence
was committed without his knowledge or that he had exercised all due
diligence to prevent the commission of such offence.
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Notwithstanding anything contained in sub-section
where any offence punishable under this Act has been committed by a
company and it is proved that the offence has been committed with the
consent or connivance of, or is attributable to any neglect on the part
of, any director, manager, secretary or other officer of the company,
such director, manager, secretary or other officer shall also be deemed
to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly. |
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Explanation.--For the purposes of this section,--
(a) "company" means any body corporate and includes a firm or other association of individuals, and
(b)"director", in relation to a firm, means a partner in the firm. |
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| Offence to be cognizable, non-bailable and non-compoundable.- |
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| Every offence under this Act shall be cognizable, non-bailable and non-compoundable. |
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| Cognizance of offences. |
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| No court shall take cognizance of an offence under this Act except on a complaint made by-- |
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| the Appropriate Authority concerned, or any
officer authorised in this behalf by the Central Government or
State Government, as the case may be, or the Appropriate Authority; |
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a person who has given notice of not less than
thirty days in the manner prescribed, to the Appropriate Authority, of
the alleged offence and of his intention to make a complaint to the
court. |
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Explanation.--For the purpose of this clause,
"person" includes a social organisation.
(2) No court other than that of a Metropolitan Magistrate or a Judicial
Magistrate of the first class shall try any offence punishable under
this Act.
(3) Where a complaint has been made under clause (b) of subsection (1),
the court may, on demand by such person, direct the Appropriate
Authority to make available copies of the relevant records in its
possession to such person. |
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| CHAPTER VIII |
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| MISCELLANEOUS |
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| Maintenance of records. |
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All records, charts, forms, reports, consent
letters and all other documents required to be maintained under this
Act and the rules shall be preserved for a period of two years or for
such period as may be prescribed:
Provided that, if any criminal or other proceedings are instituted
against any Genetic Counselling Centre, Genetic Laboratory or Genetic
Clinic, the records and all other documents of such Centre, Laboratory
or Clinic shall be preserved till the final disposal of such
proceedings. |
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All such records shall, at all reasonable times,
be made available for inspection to the Appropriate Authority or to any
other person authorised by the Appropriate Authority in this behalf. |
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| Power to search and seize records, etc. - |
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If the Appropriate Authority has reason to believe
that an offence under this Act has been or is being committed at any
Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, such
Authority or any officer authorised thereof in this behalf may, subject
to such rules as may be prescribed, enter and search at all reasonable
times with such assistance, if any, as such authority or officer
considers necessary, such Genetic Counselling Centre, Genetic
Laboratory or Genetic Clinic and examine any
record, register, document,
book, pamphlet, advertisement or any other material object
found therein and seize the same if such Authority or
officer has reason to believe that it may furnish evidence
of the commission of an office punishable under this Act. |
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The provisions of the Code of Criminal Procedure,
1973 (2 of 1974) relating to searches and seizures shall, so far as may
be, apply to every search or seizure made under this Act. |
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| Protection of action taken in good faith.- |
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No suit, prosecution or other legal proceeding
shall lie against the Central or the State Government or
the Appropriate Authority or any officer
authorised by the Central or State Government or by the Authority
for anything which is in good faith done or
intended to be done in pursuance of the
provisions of this Act. |
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| Power to make rules.- |
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The Central Government may make rules for carrying out the provisions of this Act.
In particular and without prejudice to the generality of the foregoing power, such rules may provide for--
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- the minimum qualifications for
persons employed at a registered Genetic
Counselling Centre, Genetic Laboratory or
Genetic Clinic under clause (1) of section 3;
- the form in which consent of a pregnant woman has to be obtained under section 5;
- the procedure to be followed
by the members of the Central Supervisory Board in the
discharge of their functions under sub-section (4) of
section 8;
- allowances for members other than ex officio members admissible under sub-section (5) of section 9;
- the period intervening between any
two meetings of the Advisory Committee under the
proviso to sub-section (8) of section 17;
- the terms and conditions subject to which a
person may be appointed to the Advisory Committee
and the procedure to be followed by such Committee under sub-section
(9) of section 17;
- the form and manner in which an
application shall be made for registration and the
fee payable thereof under sub-section (2) of section
18;
- the facilities to be provided,
equipment and other standards to be maintained by
the Genetic Counselling Centre, Genetic Laboratory or
Genetic Clinic under sub-section (5) of section 18;
- the form in which a certificate of registration shall be issued under sub-section (1) of section 19;
- the manner in which and
the period after which a certificate of
registration shall be renewed and the fee payable for such renewal
under sub-section (3) of section 19;
(xi) the manner in which an appeal may be preferred
under section 21;
- the period up to which records, charts, etc., shall be preserved under sub-section (1) of section 29;
- the manner in which
the seizure of documents, records, objects,
etc., shall be made and the manner in which seizure
list shall be prepared and delivered to the person from
whose custody such documents, records or
objects were seized under sub-section (1) of section 30;
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any other matter that is required to be, or may be, prescribed |
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| Power to make regulations.- |
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The Board may, with the previous sanction of the
Central Government, by notification in the Official Gazette,
make regulations not inconsistent with the provisions of this Act and
the rules made thereunder to provide for-- |
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the time and place of the meetings of the
Board and the procedure to be followed for the transaction of
business at such meetings and the number of members
which shall form the quorum under sub-section (1) of section 9;
(b) the manner in which a person
may be temporarily associated with the Board under
sub-section (1) of section 11;
(c) the method of appointment, the conditions of service and the
scales of pay and allowances of the
officer and other employees of the Board appointed under
section 12;
(d) generally for the efficient conduct of the affairs of the Board. |
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| Rules and regulations to be laid before Parliament. – |
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Every rule and every regulation made under this Act
shall be laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period
of thirty days which may be comprised
in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following
the session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or regulation
or both Houses agree that the rule or regulation should not
be made, the rule or regulation shall thereafter have
effect only in such modified form or be of no effect, as the case
may be; so, however, that any
such modification or annulment shall be without
prejudice to the validity of anything
previously done under that rule or regulation. |
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THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) RULES, 1996 |
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