Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act
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 therewith or incidental thereto.
Chapter I - Preliminary
1. Short title, extent and commencement
2. Definitions
Chapter II - Regulation Of Genetic Counselling Centres, Genetic Laboratories And Genetic Clinics
3. Regulation of Genetic Counseling Centers, Genetic Laboratories and Genetic Clinics
Chapter III - Regulation Of Pre-Natal Diagnostic Techniques
4. Regulation of prenatal diagnostic techniques
5. Written consent of pregnant woman and prohibition of communicating the sex of fetus
6. Determination of sex prohibited
Chapter IV - Central Supervisory Board
7. Constitution of Central Supervisory Board
8. Term of office of members
9. Meetings of the Board
10. Vacancies, etc., not to invalidate proceedings of the Board
11. Temporary association of persons with the Board for particular purposes
12. Appointment or officers and other employees of the Board
13. Authentication of orders and other instruments of the Board
14. Disqualifications for appointment as member
15. Eligibility of member for reappointment
16. Functions of the Board
Chapter V - Appropriate Authority And Advisory Committee
17. Appropriate Authority and Advisory Committee
Chapter VI - Registration Of Genetic Counselling Centres, Genetic Laboratories And Genetic Clinics
18. Registration of Genetic Counseling Centers, Genetic Laboratories or Genetic Clinics
19. Certificate of registration
20. Cancellation or suspension of registration
21. Appeal
Chapter VII - Offences And Penalties
22. Prohibition of advertisement relating to pre-natal determination of sex and punishment for contravention
23. Offences and penalties
24. Presumption in the case of conduct of pre-natal diagnostic techniques
25. Penalty for contravention of the provisions of the Act or rules for which no specific punishment is provided
26. Offences by companies
27. Offence to be cognizable, non-bailable and non-compoundable
28. Cognizance of offences
Chapter VIII - Miscellaneous
29. Maintenance of records
30. Power to search and seize records etc.
31. Protection of action taken in good faith
32. Power to make rules
33. Power to make regulations
34. Rules and regulations to be laid before Parliament
Foot Notes
Chapter I - Preliminary
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
(3) It shall come into force on such date1 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 counseling 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 recognized under the Indian Medical Council Act, 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 recognized medical qualification
as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956,
and whose name has been entered in a State Medical Register;
(n) "regulations" means regulations framed by the Board under this Act.
Chapter II - Regulation Of Genetic Counselling Centres, Genetic Laboratories And Genetic Clinics
3. Regulation 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 conduct or
associate with, or help in, conducting activities relating to pre-natal
diagnostic techniques;
(2) no Genetic Counseling 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, gynecologist, pediatrician 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 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 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 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 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 fetus by words, signs or in any other manner.
6. Determination 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 its
Centre, Laboratory or Clinic, pre-natal diagnostic techniques including
ultrasonography, for the purpose of determining the sex of a fetus;
(b) no person shall conduct or cause to be conducted any prenatal diagnostic techniques including ultrasonography for the purpose of determining the sex of a fetus.\
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
gynecologists and obstetricians;
(iii) eminent
pediatricians;
(iv) eminent social
scientists; and
(v) representatives of
women welfare organizations;
(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 sub-section, 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 authorized 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 authorized 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 Counseling Centers, Genetic Laboratories
and Genetic Clinics;
(v) any other functions as may be specified under the Act.
Chapter V - Appropriate Authority And Advisory Committee
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 Counseling Centre, Genetic Laboratory or
Genetic Clinic;
(b) to enforce
standards prescribed for the Genetic Counseling 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 gynecologists, obstetricians, pediatricians 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 organizations.
(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.
Chapter VI - Registration Of Genetic Counselling Centres, Genetic Laboratories And Genetic Clinics
18. Registration 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 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 Counseling Centre, Genetic
Laboratory or Genetic Clinic engaged, either partly or exclusively, in
counseling 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 Counseling Centre, Genetic Laboratory or Genetic Clinic engaged
in counseling or conducting pre-natal diagnostic techniques shall cease to
conduct any such counseling 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 Counseling 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 Counseling 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 Counseling 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 Counseling 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 Counseling 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 Counseling Centre, Genetic Laboratory or Genetic Clinic without issuing any such notice referred to in sub-section (1).
21. Appeal
The Genetic Counseling 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.
Chapter VII - Offences And Penalties
22. Prohibition 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 manner regarding facilities of pre-natal determination
of sex available at such Centre, Laboratory, Clinic or any other place.
(2) No person or organization shall publish or
distribute or cause to be published or distributed any advertisement in any
manner regarding facilities of pre-natal determination of sex available at any
Genetic Counseling 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, gynecologist,
registered medical practitioner or any person who owns a Genetic Counseling
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 or 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 Counseling Centre, Genetic Laboratory or Genetic Clinic or of a medical geneticist, gynecologist 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, 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 authorized 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 organization.
(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 sub-section (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.
Chapter VIII - Miscellaneous
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 Counseling 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 authorized 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 Counseling Centre, Genetic Laboratory or Genetic Clinic, such Authority
or any officer authorized 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 Counseling 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 offence
punishable under this Act.
(2) The provisions of the Code of Criminal Procedure, 1973 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 authorized 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 Counseling 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
Counseling Centre, Genetic Laboratory or Genetic Clinic under sub-section (5)
or 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.
Foot Notes
1. Appointed date is 1st. January, 1996, vide Notification No. S.O. 990 (E), dated 21st. December, 1995.