SectionsParticulars
Chapter IPreliminary
1Short title, extent and commencement
(1) This Act may be called the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.(2) It shall extend to the whole of India except...
2Definitions
In this Act, unless the context otherwise requires,-(a) "Appropriate Authority" means the Appropriate Authority appointed under section 17;(b) " Board" means ...
Chapter IIRegulation Of Genetic Counselling Centres, Genetic Laboratories And Genetic Clinics
3Regulation of Genetic Counseling Centers, Genetic Laboratories and Genetic Clinics
On and from the commencement of this Act,-(1) no Genetic Counseling Centre, Genetic Laboratory or Genetic Clinic unless registered under this Act, shall conduc...
Chapter IIIRegulation Of Pre-Natal Diagnostic Techniques
4Regulation of prenatal diagnostic techniques
On and from the commencement of this Act, (1) no place including a registered Genetic Counseling Centre or Genetic Laboratory or Genetic Clinic shall be used o...
5Written consent of pregnant woman and prohibition of communicating the sex of fetus
(1) No person referred to in clause (2) of section 3 shall conduct the pre-natal diagnostic procedures unless-(a) he has explained all known side and after ef...
6Determination of sex prohibited
On and from the commencement of this Act,-(a) no Genetic Counseling Centre or Genetic Laboratory or Genetic Clinic shall conduct or cause to be conducted in it...
Chapter IVCentral Supervisory Board
7Constitution of Central Supervisory Board
(1) 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...
8Term of office of members
(1) The term of office of a member, other than an ex officio member, shall be,- (a) in case of appointment under clause (e) or clause (f) of sub-section (2) o...
9Meetings of the Board
(1) 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...
10Vacancies, etc., not to invalidate proceedings of the Board
No act or proceeding of the Board shall be invalid merely by reason of (a) any vacancy in, or any defect in the constitution of, the Board; or(b) any defect ...
11Temporary association of persons with the Board for particular purposes
(1) 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 ma...
12Appointment or officers and other employees of the Board
(1) 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 be...
13Authentication of orders and other instruments of the Board
All orders and decisions of the Board shall be authenticated by the signature of the Chairman or any other member authorized by the Board in this behalf, and ...
14Disqualifications for appointment as member
A person shall be disqualified for being appointed as a member if, he-(a) has been convicted and sentenced to imprisonment for an offence which, in the opinio...
15Eligibility of member for reappointment
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 membe...
16Functions of the Board
The Board shall have the following functions, namely:-(i) to advise the Government on policy matters relating to use of pre-natal diagnostic techniques;(ii) t...
Chapter VAppropriate Authority And Advisory Committee
17Appropriate 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 t...
Chapter VIRegistration Of Genetic Counselling Centres, Genetic Laboratories And Genetic Clinics
18Registration of Genetic Counseling Centers, Genetic Laboratories or Genetic Clinics
(1) No person shall open any Genetic Counseling Centre, Genetic Laboratory or Genetic Clinic after the commencement of this Act unless such Centre, Laboratory...
19Certificate of registration
(1) The Appropriate Authority shall, after holding an inquiry and after satisfying itself that the applicant has complied with all the requirements of this Ac...
20Cancellation or suspension of registration
(1) The Appropriate Authority may suo moto, or on complaint, issue a notice to the Genetic Counseling Centre, Genetic Laboratory or Genetic Clinic to show cau...
21Appeal
The Genetic Counseling Centre, Genetic Laboratory or Genetic Clinic may, within thirty days from the date of receipt of the order of suspension or cancellatio...
Chapter VIIOffences And Penalties
22Prohibition of advertisement relating to pre-natal determination of sex and punishment for contravention
(1) No person, organization, Genetic Counseling Centre, Genetic Laboratory or Genetic Clinic shall issue or cause to be issued any advertisement in any mann...
23Offences and penalties
(1) Any medical geneticist, gynecologist, registered medical practitioner or any person who owns a Genetic Counseling Centre, a Genetic Laboratory or a Geneti...
24Presumption in the case of conduct of pre-natal diagnostic techniques
Notwithstanding anything in the Indian Evidence Act, 1872, the court shall presume unless the contrary is proved that the pregnant woman has been compelled by...
25Penalty for contravention of the provisions of the Act or rules for which no specific punishment is provided
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 pun...
26Offences by companies
(1) 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, an...
27Offence to be cognizable, non-bailable and non-compoundable
Every offence under this Act shall be cognizable, non-bailable and non-compoundable....
28Cognizance of offences
(1) No court shall take cognizance of an offence under this Act except on a complaint made by -(a) the Appropriate Authority concerned, or any officer authori...
Chapter VIIIMiscellaneous
29Maintenance of records
(1) 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...
30Power to search and seize records etc.
(1) If the Appropriate Authority has reason to believe that an offence under this Act has been or is being committed at any Genetic Counseling Centre, Genet...
31Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central or the State Government or the Appropriate Authority or any officer authorized by...
32Power to make rules
(1) The Central Government may make rules for carrying out the provisions of this Act.(2) In particular, and without prejudice to the generality of the forego...
33Power to make regulations
The Board may, with the previous sanction of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with the provi...
34Rules and regulations to be laid before Parliament
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...
Foot Notes
1. Appointed date is 1st. January, 1996, vide Notification No. S.O. 990 (E), dated 21st. December, 1995....
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