Section 16A in The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
Title: Constitution of State Supervisory Board and Union territory Supervisory Board
1[16A. Constitution of State Supervisory Board and Union territory Supervisory Board.--(1) Each State and Union territory having Legislature shall constitute a Board to be known as the State Supervisory Board or the Union territory Supervisory Board, as the case may be, which shall have the following functions:--
(i) to create public awareness against the practice of pre-conception sex selection and pre-natal determination of sex of the foetus leading to female foeticide in the State;
(ii) to review the activities of the Appropriate Authorities functioning in the State and recommend appropriate action against them;
(iii) to monitor the implementation of provisions of the Act and the rules and make suitable recommendations relating thereto, to the Board;
(iv) to send such consolidated reports as may be prescribed in respect of the various activities undertaken in the State under the Act to the Board and the Central Government; and
(v) any other functions as may be prescribed under the Act.
(2) The State Board shall consist of,--
(a) the Minister in charge of Health and Family Welfare in the State, who shall be the Chairperson, ex officio;
(b) Secretary in charge of the Department of Health and Family Welfare who shall be the Vice-Chairperson, ex officio;
(c) Secretaries or Commissioners in charge of Departments of Women and Child Development, Social Welfare, Law and Indian System of Medicines and Homoeopathy, ex officio, or their representatives;
(d) Director of Health and Family Welfare or Indian System of Medicines and Homoeopathy of the State Government, ex officio;
(e) three women members of Legislative Assembly or Legislative Council;
(f) ten members to be appointed by the State Government out of which two each shall be from the following categories,--
(i) eminent social scientists and legal experts;
(ii) eminent women activists from non- governmental organisations or otherwise;
(iii) eminent gynaecologists and obstetricians or experts of stri-roga or prasuti-tantra;
(iv) eminent paediatricians or medical geneticists;
(v) eminent radiologists or sonologists;
(g) an officer not below the rank of Joint Director in charge of Family Welfare, who shall be the Member Secretary, ex officio.
(3) The State Board shall meet at least once in four months.
(4) The term of office of a member, other than an ex officio member, shall be three years.
(5) If a vacancy occurs in the office of any member other than an ex officio member, it shall be filled by making fresh appointment.
(6) If a member of the Legislative Assembly or member of the Legislative Council who is a member of the State Board, becomes Minister or Speaker or Deputy Speaker of the Legislative Assembly or Chairperson or Deputy Chairperson of the Legislative Council, she shall cease to be a member of the State Board.
(7) One-third of the total number of members of the State Board shall constitute the quorum.
(8) The State Board may co-opt a member as and when required, provided that the number of co-opted members does not exceed one-third of the total strength of the State Board.
(9) The co-opted members shall have the same powers and functions as other members, except the right to vote and shall abide by the rules and regulations
(10) In respect of matters not specified in this section, the State Board shall follow procedures and conditions as are applicable to the Board.]
1 Ins. by Act 14 of 2003, s. 14 (w.e.f. 14-2-2003).
Title: 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,--
1[(a) when appointed for the whole of the State or the Union territory, consisting of the following three members—
(i) an officer of or above the rank of the Joint Director of Health and Family Welfare--Chairperson;
(ii) an eminent woman representing women's organisation; and
(iii) an officer of Law Department of the State or the Union territory concerned:
Provided that it shall be the duty of the State or the Union territory concerned to constitute multi-member State or Union territory level Appropriate Authority within three months of the coming into force of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 (14 of 2003):
Provided further that any vacancy occurring therein shall be filled within three months of the occurrence.]
(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;
2[(e) to take appropriate legal action against the use of any sex selection technique by any person at any place, suo motu or brought to its notice and also to initiate independent investigations in such matter;
(f) to create public awareness against the practice of sex selection or pre-natal determination of sex;
(g) to supervise the implementation of the provisions of the Act and rules;
(h) to recommend to the Board and State Boards modifications required in the rules in accordance with changes in technology or social conditions;
(i) to take action on the recommendations of the Advisory Committee made after investigation of complaint 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.
3[(7) No person who has been associated with the use or promotion of pre-natal diagnostic techniques for determination of sex or sex selection 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.
1 Subs. by Act 14 of 2003, s. 15, for clause (a) (w.e.f. 14-2-2003).
2 Ins. by Act 14 of 2003, s. 15 (w.e.f. 14-2-2003).
3 Subs. by s. 15, ibid., for sub-section (7) (w.e.f. 14-2-2003)
Title: Powers of Appropriate Authorities
1[17A. Powers of Appropriate Authorities.--The Appropriate Authority shall have the powers in respect of the following matters, namely:--
(a) summoning of any person who is in possession of any information relating to violation of the provisions of this Act or the rules made thereunder;
(b) production of any document or material object relating to clause (a);
(c) issuing search warrant for any place suspected to be indulging in sex selection techniques or pre-natal sex determination; and
(d) any other matter which may be prescribed.]
1. Ins. by s. 16, ibid. (w.e.f. 14-2-2003).
Title: Registration of Genetic Counselling Centres, Genetic Laboratories or Genetic Clinics
1[(1) No person shall open any Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, including clinic, laboratory or centre having ultrasound or imaging machine or scanner or any other technology capable of undertaking determination of sex of foetus and sex selection, or render services to any of them, after the commencement of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 (14 of 2003) unless such Centre, Laboratory or Clinic is duly registered under the 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.
1 Subs. by Act 14 of 2003, s. 17, for sub-section (1) (w.e.f. 14-2-2003).
Title: 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.