Section 3B in The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
Title: Prohibition on sale of ultrasound machine, etc., to persons, laboratories, etc., not registered under the Act
1[3B. Prohibition on sale of ultrasound machine, etc., to persons, laboratories, clinics, etc., not registered under the Act.--No person shall sell any ultrasound machine or imaging machine or scanner or any other equipment capable of detecting sex of the foetus to any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act.]
1 Ins. by s. 6, ibid. (w.e.f. 14-2-2003).
Title: 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;
(iv) sex-linked genetic diseases;
(v) congenital anomalies;
(vi) any other abnormalities or diseases as may be specified by the Central Supervisory Board;
1[(3) no pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied for reasons to be recorded in writing 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 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 or her spouse 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 Board:
Provided that the person conducting ultrasonography on a pregnant woman shall keep complete record thereof in the clinic in such manner, as may be prescribed, and any deficiency or inaccuracy found therein shall amount to contravention of the provisions of section 5 or section 6 unless contrary is proved by the person conducting such ultrasonography;
(4) no person including a relative or husband of the pregnant woman shall seek or encourage the conduct of any pre-natal diagnostic techniques on her except for the purposes specified in clause (2);
(5) no person including a relative or husband of a woman shall seek or encourage the conduct of any sex selection technique on her or him or both.]
1 Subs. by s. 7, ibid., for clauses (3) and (4) (w.e.f. 14-2-2003).
Title: 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.
1[(2) No person including the person conducting pre-natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs, or in any other manner.]
1 . Subs. by Act 14 of 2003, s. 8, for sub-section (2) (w.e.f. 14-2-2003).
Title: 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;
1[(c) no person shall, by whatever means, cause or allow to be caused selection of sex before or after conception.]
1 Ins. by s. 9, ibid. (w.e.f. 14-2-2003).
Title: 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;
1[(c) three members to be appointed by the Central Government to represent the Ministries of Central Government in charge of Women and Child Development, Department of Legal Affairs or Legislative Department in the Ministry of Law and Justice, and Indian System of Medicine and Homoeopathy, 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;
2[(ii) eminent gynaecologist and obstetrician or expert of stri-roga or prasuti-tantra.]
(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.
1 Subs. by s. 10, ibid., for clause (c) (w.e.f. 14-2-2003).
2 Subs. by s. 10, ibid., for sub-clause (ii) (w.e.f. 14-2-2003).