THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION
OF MISUSE) ACT, 1994
ACT
NO. 57 OF 1994
[20th September, 1994]
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:--
1.Short 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 the State of Jammu and Kashmir.
(3)
It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2. Definitions.- In this
Act, unless the context otherwise requires,--
(a)
"Appropriate
Authority" means the Appropriate Authority appointed under section 17;
(b)
"Board" means
the Central Supervisory Board constituted under section 7;
(c)
"Genetic Counseling
Centre" means an institute, hospital, nursing home or any place, by
whatever name called, which provides for genetic counselling to patients;
(d)
"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;
(e)
"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 test;
(f)
"Gynecologist"
means a person who possesses a post- graduate qualification in gynecology and
obstetrics;
(g)
"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--
(i) any one of the medical qualifications recognised
under the Indian Medical Council Act, 1956 (102 of 1956); or
(ii) a post-graduate degree in biological sciences;
(h)
"Pediatrician"
means a person who possesses a post- graduate qualification in pediatrics;
(i)
"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;
(j)
"pre-natal
diagnostic techniques" includes all pre-natal diagnostic procedures and
pre-natal diagnostic tests;
(k)
"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;
(l)
"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 (h) of section 2 of the
Indian Medical Council Act, 1956, (102 of 1956.) and whose name has been
entered in a State Medical Register;
(n)
"regulations"
means regulations framed by the Board under this Act.
REGULATION OF GENETIC
COUNSELLING CENTRES, GENETIC LABORATORIES AND GENETIC CLINICS
3. Regulation
of Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics.- On and
from the commencement of this Act,--
(1) 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;
(2) 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;
(3) no medical geneticist,
gynaecologist, paediatrician, registered medical practitioner or any other person shall conduct or cause
to be conducted or aid in conducting by himself or through any other person,
any pre-natal diagnostic
techniques at a place other
than a place registered under
this Act.
CHAPTER III
REGULATION OF PRE-NATAL DIAGNOSTIC
TECHNIQUES
4. Regulation of pre-natal
diagnostic techniques.- On and
from the commencement of this Act,--
(1)
no 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 (2) and after satisfying any of the conditions specified in
clause (3);
(2)
no pre-natal diagnostic techniques shall be conducted except for the purposes
of detection of any of the following abnormalities, namely:--
(i)
chromosomal
abnormalities;
(ii)
genetic metabolic
diseases;
(iii)
haemoglobinopathies;
(iv)
sex-linked genetic
diseases;
(v)
congenital anomalies;
(vi)
any other abnormalities
or diseases as may be specified by the Central Supervisory Board;
(3)
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:--
(i) age of the pregnant woman is above thirty-five
years;
(ii) the pregnant woman has undergone of two or more
spontaneous abortions or foetal loss;
(iii) the pregnant woman had been exposed to
potentially teratogenic agents such as drugs, radiation, infection or
chemicals;
(iv) the pregnant woman has a family history of
mental retardation or physical deformities such as spasticity or any other
genetic disease;
(v) any other condition as may be specified by the
Central Supervisory Board;
(4)
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 (2).
5. Written consent of pregnant woman and prohibition of communicating the
sex of foetus. (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 effects of such procedures to the pregnant woman
concerned;
(b)
he has obtained in the
prescribed form her written consent to undergo such procedures in the language
which she understands; and
(c)
a copy of her written
consent obtained under clause (b) is given to the pregnant woman.
(2)
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.
6. Determination of sex prohibited.- On and from the commencement of this Act,--
(a)
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;
(b)
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.
CHAPTER IV
CENTRAL SUPERVISORY BOARD
7. Constitution 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 the Board under this Act.
(2)
The Board shall consist of—
(a)
the Minister in charge
of the Ministry or Department of Family Welfare, who shall be the Chairman, ex
officio;
(b)
the Secretary to the
Government of India in charge of the Department of Family Welfare, who shall be
the Vice-Chairman, ex-officio;
(c)
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;
(d)
the Director General of
Health Services of the Central Government, ex officio;
(e)
ten members to be
appointed by the Central Government, two each from amongst—
(i)
eminent medical
geneticists;
(ii)
eminent gynaecologists
and obstetricians;
(iii)
eminent paediatricians;
(iv)
eminent social
scientists; and
(v)
representatives of
women welfare organisations;
(f)
three women Members of
Parliament, of whom two shall be elected by the House of the People and one by
the Council of States;
(g)
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;
(h)
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.
8. Term 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) of section 7, three years;
and
(b)
in case of appointment
under clause (g) of the said subsection, one year.
(2)
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.
(3)
The Vice-Chairman shall perform such functions as may be assigned to him by the
Chairman from time to time.
(4)
The procedure to be followed by the members in the discharge of their functions
shall be such as may be prescribed.
9. Meetings 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 the quorum at such meetings) as may be provided by regulations:
Provided that the Board shall meet at least once in
six months.
(2)
The Chairman and in his absence the Vice-Chairman shall preside at the meetings
of the Board.
(3)
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 preside at the meeting.
(4)
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.
(5)
Members other than ex officio members shall receive such allowances, if any,
from the Board as may be prescribed.
10. Vacancies, 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 in the
appointment of a person acting as a member of the Board; or
(c)
any irregularity in the
procedure of the Board not affecting the merits of the case.
11. Temporary 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 may desire
in carrying out any of the provisions of this Act.
(2)
A person associated with it by the Board under sub-section (1) 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.
12. Appointment 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 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.
(2)
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.
13. Authentication 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 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.
14. Disqualifications 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 opinion of the Central
Government, involves moral turpitude; or
(b)
is an undischarged
insolvent; or
(c)
is of unsound mind and
stands so declared by a competent court; or
(d)
has been removed or
dismissed from the service of the Government or a Corporation owned or
controlled by the Government; or
(e)
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; or
(f)
has, in the opinion of
the Central Government, been associated with the use or promotion of pre-natal
diagnostic technique for determination of sex.
15. Eligibility 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 member.
16. Functions 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) to review implementation of the Act and the
rules made thereunder and recommend changes in the said Act and rules to the
Central Government;
(iii) to create public awareness against the
practice of pre-natal determination of
sex and female foeticide;
(iv) to lay
down code of conduct to be observed by
persons working at Genetic Counselling
Centres, Genetic Laboratories and Genetic Clinics;
(v) any other functions as may be
specified under the Act.
17. Appropriate 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 the purposes of this Act.
(2)
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. (3) The officers appointed as
Appropriate Authorities under sub- section (1) or sub-section (2) shall be,--
(a)
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; and
(b)
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.
(4)
The Appropriate Authority shall have the following functions, namely:--
(a)
to grant, suspend or
cancel registration of a Genetic Counselling Centre, Genetic Laboratory or
Genetic Clinic;
(b)
to enforce standards
prescribed for the Genetic Counselling Centre, Genetic Laboratory and Genetic
Clinic;
(c)
to investigate
complaints of breach of the provisions of this Act or the rules made thereunder
and take immediate action; and
(d)
to seek and consider
the advice of the Advisory Committee, constituted under sub-section (5), on
application for registration and on complaints for suspension or cancellation
of registration.
(5)
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.
(6)
The Advisory Committee shall consist of—
(a)
three medical experts
from amongst gynaecologists, obstericians, paediatricians and medical
geneticists;
(b)
one legal expert;
(c)
one officer to
represent the department dealing with information and publicity of the State
Government or the Union territory, as the case may be;
(d)
three eminent social
workers of whom not less than one shall be from amongst representatives of
women's organisations.
(7)
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.
(8)
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.
(9)
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.
REGISTRATION OF GENETIC
COUNSELLING CENTRES, GENETIC LABORATORIES AND GENETIC CLINICS
18. Registration of Genetic Counselling Centres, Genetic Laboratories or
Genetic Clinics. (1) 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.
(2)
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.
(3)
Every Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic engaged,
either partly or exclusively, in counselling or conducting pre-natal diagnostic
techniques for any of the purposes mentioned in section 4, immediately before
the commencement of this Act, shall apply for registration within sixty days
from the date of such commencement.
(4)
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.
(5) 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.
19. Certificate 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 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.
(2) 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.
(3) Every
certificate of registration shall be renewed in such manner and after such
period and on payment of such fees as may be prescribed.
(4) 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.
20. Cancellation or suspension of registration.- (1) 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.
(2)
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.
(3)
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).
21. Appeal. 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—
(i)
the Central Government,
where the appeal is against the order of the Central Appropriate Authority; and
(ii)
the State Government,
where the appeal is against the order of the State Appropriate Authority, in
the prescribed manner.
22. Prohibition of advertisement relating to pre-natal determination of sex
and punishment for contravention.-
(1) 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.
(2)
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.
(3)
Any person who contravenes the provisions of sub-section (1) or sub-section (2)
shall be punishable with imprisonment for a term which may extend to three
years and with fine which may extend to ten thousand rupees.
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.
23. Offences and penalties.-
(1) 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.
(2)
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.
(3)
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.
24. Presumption in the case of conduct of pre-natal diagnostic techniques.- 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 (3) of section 23 and shall be punishable for the
offence specified under that section.
25. Penalty 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 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.
26. Offences 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,
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.
(2)
Notwithstanding anything contained in sub-section (1), 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.
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.
27. Offence
to be cognizable, non-bailable and non-compoundable.-Every offence
under this Act shall be cognizable, non-bailable and non-compoundable.
28. Cognizance 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 authorised in this behalf
by the Central Government or
State Government, as the case may be, or the Appropriate Authority; or
(b) 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.
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.
29. Maintenance 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 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.
(2) 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.
30. Power 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 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.
(2) 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.
31. Protection 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 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.
32. Power 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 foregoing power,
such rules may provide for--
(i) the
minimum qualifications for
persons employed at a registered Genetic Counselling
Centre, Genetic Laboratory
or Genetic Clinic under clause (1) of section 3;
(ii) the form in which consent of a pregnant woman
has to be obtained under section 5;
(iii) 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;
(iv) allowances
for members other than ex officio members admissible under
sub-section (5) of section 9;
(v) the
period intervening between any
two meetings of the Advisory Committee
under the proviso
to sub-section (8)
of section 17;
(vi) 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;
(vii) 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;
(viii) 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;
(ix) the form
in which a certificate of registration
shall be issued under sub-section (1) of section 19;
(x) 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;
(xii) the period up to which records, charts, etc.,
shall be preserved under sub-section (1)
of section 29;
(xiii) 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;
(xiv) any other matter that is required to be, or may be, prescribed.
33. Power 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 provisions of this Act and the rules made thereunder to provide for--
(a) 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.
34. Rules 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, 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.