THE PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHIBITION 
OF SEX SELECTION) ACT, 1994 
_______________ 

ARRANGEMENT OF SECTIONS 
_______________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 

REGULATION OF GENETIC COUNSELLING CENTRES, GENETIC LABORATORIES AND GENETIC 

CLINICS 

3.  Regulation of Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics. 
3A. Prohibition of sex selection. 
3B. Prohibition on sale of ultrasound machine, etc., to persons, laboratories, etc., not registered under 

the Act. 

CHAPTER III 

REGULATION OF PRE-NATAL DIAGNOSTIC TECHNIQUES 

4.  Regulation of pre-natal diagnostic techniques. 
5.  Written consent of pregnant woman and prohibition of communicating the sex of foetus. 
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 of 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. 
16A. Constitution of State Supervisory Board and Union territory Supervisory Board. 

CHAPTER V 

APPROPRIATE AUTHORITY AND ADVISORY COMMITTEE 

17.  Appropriate Authority and Advisory Committee. 
17A. Powers of Appropriate Authorities. 

CHAPTER VI 

REGISTRATION OF GENETIC COUNSELLING CENTRES, GENETIC LABORATORIES AND GENETIC 

CLINICS 

18.  Registration of Genetic Counselling Centres, Genetic Laboratories or Genetic Clinics. 
19.  Certificate of registration. 

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SECTIONS 

20.  Cancellation or suspension of registration. 
21.  Appeal. 

CHAPTER VII 

OFFENCES AND PENALTIES 

22.  Prohibition  of  advertisement  relating  to  pre-conception  and  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. 
31A. Removal of difficulties. 
32.  Power to make rules. 
33.  Power to make regulations. 
34.  Rules and regulations to be laid before Parliament. 

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2[THE PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES 
(PROHIBITION OF SEX SELECTION)] ACT, 1994 

ACT NO. 57 OF 1994 

[20th September, 1994.] 
1[An  Act  to  provide  for  the  prohibition  of  sex  selection,  before  or  after  conception,  and  for 
regulation  of  pre-natal  diagnostic  techniques  for  the  purposes  of  detecting  genetic 
abnormalities  or  metabolic  disorders  or  chromosomal  abnormalities  or  certain  congenital 
malformations  or  sex-linked  disorders  and  for  the  prevention  of  their  misuse  for  sex 
determination leading to female foeticide and  for matters connected  therewith  or incidental 
thereto.] 
BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:— 

CHAPTER I 
PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  2[the  Pre-conception  and 

Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)] Act, 1994. 

(2) It shall extend to the whole of India 3***. 
(3)  It  shall  come  into  force  on  such  date4  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; 
5[(ba)  “conceptus”  means  any  product  of  conception  at  any  stage  of  development  from 

fertilisation until birth including extra embryonic membranes as well as the embryo or foetus; 

(bb) “embryo” means a developing human organism after fertilisation till the end of eight weeks 

(fifty-six days); 

(bc) “foetus”  means  a  human  organism  during  the  period  of  its  development  beginning  on  the 
fifty-seventh day following fertilisation or creation (excluding any time in which its development has 
been suspended) and ending at the birth;] 

(c)  “Genetic  Counselling  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. 

6[Explanation.—For  the  purposes  of  this  clause,  “Genetic  Clinic”  includes  a  vehicle,  where 
ultrasound machine or imaging machine or scanner or other equipment capable of determining sex of 
the foetus or a portable equipment which has the potential for detection of sex during pregnancy or 
selection of sex before conception, is used;] 

(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. 
6[Explanation.—For  the  purposes  of  this  clause,  “Genetic  Laboratory”  includes  a  place  where 
ultrasound machine or imaging machine or scanner or other equipment capable of determining sex of 
the foetus or a portable equipment which has the potential for detection of sex during pregnancy or 
selection of sex before conception, is used;] 

1. Subs. by Act 14 of 2003, s. 2, for the long title (w.e.f. 14-2-2003). 
2. Subs. by s. 3, ibid., for “the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse)” (w.e.f. 14-2-2003). 
3.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule  

(w.e.f. 31-10-2019). 

4.  1st  January,  1996,  vide  notification  No.  S.O.  990,  dated  21st December,  1995,  see  Gazette  of  India,  Extraordinary,  Part  II,   

sec. 3(ii). 

5. Ins. by Act 14 of 2003, s. 4 (w.e.f. 14-2-2003). 
6. Added by s. 4, ibid. (w.e.f. 14-2-2003). 

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(f) “gynaecologist” means a person who possesses a post-graduate qualification in gynaecology 

and obstetrics; 

1[(g) “medical geneticist” includes a person who possesses a degree or diploma in genetic science 
in the fields of sex selection and pre-natal diagnostic techniques or has experience of not less than two 
years in any of these fields 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) “paediatrician” means a person who possesses a post-graduate qualification in paediatrics; 
2[(i)  “pre-natal  diagnostic  procedures”  means  all  gynaecological  or  obstetrical  or  medical 
procedures  such  as  ultrasonography,  foetoscopy,  taking  or  removing  samples  of  amniotic  fluid, 
chorionic  villi, embryo,  blood  or  any  other tissue  or fluid  of  a  man,  or  of a  woman  before  or  after 
conception,  for  being  sent  to  a  Genetic  Laboratory  or  Genetic  Clinic  for  conducting  any  type  of 
analysis or pre-natal diagnostic tests for selection of sex before or after conception;] 

(j)  “pre-natal  diagnostic  techniques”  includes  all  pre-natal  diagnostic  procedures  and  pre-natal 

diagnostic tests; 

3[(k) “pre-natal diagnostic test” means ultrasonography or any test or analysis of amniotic fluid, 
chorionic  villi,  blood  or  any  tissue  or  fluid  of  a  pregnant  woman  or  conceptus  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; 
4[(o) “sex selection” includes any procedure, technique, test or administration or prescription or 
provision of anything for the purpose of ensuring or increasing the probability that an embryo will be 
of a particular sex; 

(p)  “sonologist  or  imaging  specialist”  means  a  person  who  possesses  any  one  of  the  medical 
qualifications recognised under the Indian Medical Council Act, 1956 (102 of 1956) or who possesses 
a post-graduate qualification in ultrasonography or imaging techniques or radiology; 

(q)  “State  Board”  means  a  State  Supervisory  Board  or  a  Union  territory  Supervisory  Board 

constituted under section 16A; 

(r) “State Government” in relation to Union territory with Legislature means the Administrator of 

that Union territory appointed by the President under article 239 of the Constitution.] 

CHAPTER II 

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; 

1. Subs. by Act 14 of 2003, s. 4, for clause (g) (w.e.f. 14-2-2003). 
2. Subs. by s. 4, ibid., for clause (i) (w.e.f. 14-2-2003). 
3. Subs. by s. 4, ibid., for clause (k) (w.e.f. 14-2-2003). 
4. Ins. by s. 4, ibid. (w.e.f. 14-2-2003). 

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1[(2)  no  Genetic  Counselling  Centre  or  Genetic  Laboratory  or  Genetic  Clinic  shall  employ  or 
cause to be employed or take services of any person, whether on honorary basis or on payment who 
does not possess the qualifications as may be prescribed;] 

 (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. 
2[3A. Prohibition of sex selection.—No person, including a specialist or a team of specialists in the 
field of infertility, shall conduct or cause to be conducted or aid in conducting by himself or by any other 
person,  sex  selection  on  a  woman  or  a  man  or  on  both  or  on  any  tissue,  embryo,  conceptus,  fluid  or 
gametes derived from either or both of them. 

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.] 

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[(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 

1. Subs. by Act 14 of 2003, s. 5, for clause (2) (w.e.f. 14-2-2003). 
2. Ins. by s. 6, ibid. (w.e.f. 14-2-2003). 
3. Subs. by s. 7, ibid., for clauses (3) and (4) (w.e.f. 14-2-2003). 

5 

 
                                                           
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.] 

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. 
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.] 

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; 

2[(c) no person shall, by whatever means, cause or allow to be caused selection of sex before or 

after conception.] 

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; 

3[(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; 
4[(ii) eminent gynaecologist and obstetrician or expert of stri-roga or prasuti-tantra.] 

1. Subs. by Act 14 of 2003, s. 8, for sub-section (2) (w.e.f. 14-2-2003). 
2. Ins. by s. 9, ibid. (w.e.f. 14-2-2003). 
3. Subs. by s. 10, ibid., for clause (c) (w.e.f. 14-2-2003). 
4. Subs. by s. 10, ibid., for sub-clause (ii) (w.e.f. 14-2-2003). 

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 (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: 1*** 

2[Provided  that  the  term  of  office  of  a  member  elected  under  clause  (f)  of  sub-section  (2)  of 
section  7  shall  come  to  an  end  as  soon  as  the  member  becomes  a  Minister  or  Minister  of  State  or 
Deputy  Minister,  or  the  Speaker  or  the  Deputy  Speaker  of  the  House  of  the  People,  or  the  Deputy 
Chairman  of  the  Council  of  States  or  ceases  to  be  a  member  of  the  House  from  which  she  was 
elected; 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 

1. The word “and” omitted by Act 32 of 2001, s. 2 (w.e.f. 3-9-2001). 
2. Ins. by s. 2, ibid. (w.e.f. 3-9-2001). 

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(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 of 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 

1[(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 or with any sex selection technique.] 

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: 

2[Provided  that  no  member  other  than  an  ex  officio  member  shall  be  appointed  for  more  than  two 

consecutive terms.] 

3[16. Functions of the Board.—The Board shall have the following functions, namely:— 

(i)  to  advise  the  Central  Government  on  policy  matters  relating  to  use  of  pre-natal  diagnostic 

techniques, sex selection techniques and against their misuse; 

(ii) to review and monitor implementation of the Act and rules made thereunder and recommend 

to the Central Government changes in the said Act and rules; 

(iii) to create public awareness against the practice of pre-conception sex selection and pre-natal 

determination of sex of foetus leading to female foeticide; 

1. Subs. by Act 14 of 2003, s. 11, for clause (f) (w.e.f. 14-2-2003). 
2. Ins. by s. 12, ibid. (w.e.f. 3-9-2001). 
3. Subs. by s. 13, ibid., for section 16 (w.e.f. 14-2-2003). 

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(iv)  to  lay  down  code  of  conduct  to  be  observed  by  persons  working  at  Genetic  Counselling 

Centres, Genetic Laboratories and Genetic Clinics; 

(v) to oversee the performance of various bodies constituted under the Act and take appropriate 

steps to ensure its proper and effective implementation; 

(vi) any other functions as may be prescribed under the Act.] 

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. 

1. Ins. by Act 14 of 2003, s. 14 (w.e.f. 14-2-2003). 

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(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.] 

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,— 

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; 

1. Subs. by Act 14 of 2003, s. 15, for clause (a) (w.e.f. 14-2-2003). 

10 

 
                                                           
1[(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. 
2[(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. 

3[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 Act 14 of 2003, s. 15 (w.e.f. 14-2-2003). 
2. Subs. by s. 15, ibid., for sub-section (7) (w.e.f. 14-2-2003). 
3. Ins. by s. 16, ibid. (w.e.f. 14-2-2003). 

11 

 
 
 
 
 
                                                           
CHAPTER VI 

REGISTRATION OF GENETIC COUNSELLING CENTRES, GENETIC LABORATORIES AND GENETIC CLINICS 

18.  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. 

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 motu, 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). 

1. Subs. by Act 14 of 2003, s. 17, for sub-section (1) (w.e.f. 14-2-2003). 

12 

 
                                                           
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. 

CHAPTER VII 

OFFENCES AND PENALTIES 

1[22. Prohibition of advertisement relating to pre-conception and pre-natal determination of sex 
and punishment for contravention.—(1) No person, organisation, Genetic Counselling Centre, Genetic 
Laboratory or Genetic Clinic including clinic, laboratory or centre having ultrasound machine or imaging 
machine or scanner or any other technology capable of undertaking determination of sex of the foetus or 
sex selection shall issue, publish, distribute, communicate or cause to be issued, published, distributed or 
communicated  any  advertisement,  in  any  form,  including  internet,  regarding  facilities  of  pre-natal 
determination of sex or sex selection before conception available at such Centre, Laboratory, Clinic or at 
any other place. 

(2) No person or organisation including Genetic Counselling Centre, Genetic Laboratory or Genetic 
Clinic  shall  issue,  publish,  distribute,  communicate  or  cause  to  be  issued,  published,  distributed  or 
communicated  any  advertisement  in  any  manner  regarding  pre-natal  determination  or  pre-conception 
selection of sex by any means whatsoever, scientific or otherwise. 

(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 any other document including advertisement through internet or any other media in electronic 
or print form and also includes any visible representation made by means of any hoarding, wall-painting, 
signal, 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[(2) The name of the registered medical practitioner shall be reported by the Appropriate Authority 
to  the  State  Medical  Council  concerned  for  taking  necessary  action  including  suspension  of  the 
registration if the charges are framed by the court and till the case is disposed of and on conviction for 
removal of his name from the register of the Council for a period of five years for the first offence and 
permanently for the subsequent offence. 

(3)  Any  person  who  seeks  the  aid  of any  Genetic  Counselling  Centre,  Genetic Laboratory,  Genetic 
Clinic  or  ultrasound  clinic  or  imaging  clinic  or  of  a  medical  geneticist,  gynaecologist,  sonologist  or 
imaging  specialist  or  registered  medical  practitioner  or  any  other  person  for  sex  selection  or  for 
conducting  pre-natal  diagnostic  techniques  on  any  pregnant  women  for  the  purposes  other  than  those 
specified in  sub-section (2) of section 4, he shall, be punishable with imprisonment for a term which may 
extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for 
any  subsequent  offence  with  imprisonment  which  may  extend  to  five  years  and  with  fine  which  may 
extend to one lakh rupees. 

1. Subs. by Act 14 of 2003, s. 18, for section 22 (w.e.f. 14-2-2003). 
2. Subs. by s. 19, ibid., for sub-sections (2) and (3) (w.e.f. 14-2-2003). 

13 

 
                                                           
(4) For the removal of doubts, it is hereby provided that the provisions of sub-section (3) shall not 

apply to the woman who was compelled to undergo such diagnostic techniques or such selection.] 

1[24.  Presumption  in  the  case  of  conduct  of  pre-natal  diagnostic  techniques.—Notwithstanding 
anything  contained  in  the  Indian  Evidence  Act,  1872  (1  of  1872),  the  court  shall  presume  unless  the 
contrary is proved that the pregnant woman was compelled by  her husband or any other relative, as the 
case  may  be,  to  undergo  pre-natal  diagnostic  technique  for  the  purposes  other  than  those  specified  in    
sub-section (2) of section 4 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 2[fifteen 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 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. 

1. Subs. by Act 14 of 2003, s. 20, for section 24 (w.e.f. 14-2-2003). 
2. Subs. by s. 21, ibid., for “thirty days” (w.e.f. 14-2-2003). 

14 

 
                                                           
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  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[(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,  Genetic  Clinic  or  any  other  place,  such  Authority  or  any  officer  authorised 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, Genetic Clinic or any other place and examine any record, register, document, book, 
pamphlet, advertisement or any other material object found therein and seize and seal 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  (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. 

2[31A. Removal of difficulties.—(1) If any difficulty arises in giving effect to the provisions of the 

Pre-natal  Diagnostic  Techniques  (Regulation  and  Prevention  of  Misuse)  Amendment  Act,  2002              
(14  of  2003),  the  Central  Government  may,  by  order  published  in  the  Official  Gazette,  make  such 
provisions not inconsistent with the provisions of the said Act as appear to it to be necessary or expedient 
for removing the difficulty: 

Provided that no order shall be made under this section after the expiry of a period of three years from 
the date of commencement of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) 
Amendment Act, 2002 (14 of 2003). 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament.] 

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— 

3[(i)  the  minimum  qualifications  for  persons  employed  at  a  registered  Genetic  Counselling 

Centre, Genetic Laboratory or Genetic Clinic under clause (2) of section 3; 

(ia) the manner in which the person conducting ultrasonography on a pregnant woman shall keep 

record thereof in the clinic under the proviso to sub-section (3) of section 4;] 

 (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; 

1. Subs. by Act 14 of 2003, s. 22, for sub-section (1) (w.e.f. 14-2-2003). 
2. Ins. by s. 23, ibid. (w.e.f. 14-2-2003). 
3. Subs. by s. 24, ibid., for clause (i) (w.e.f. 14-2-2003). 

15 

 
                                                           
(iv) allowances for  members  other than  ex  officio  members  admissible  under sub-section (5)  of 

section 9; 

1[(iva)  code  of  conduct  to  be  observed  by  persons  working  at  Genetic  Counselling  Centres, 
Genetic  Laboratories  and  Genetic  Clinics  to  be  laid  down  by  the  Central  Supervisory  Board  under 
clause (iv) of section 16; 

(ivb) the manner in which reports shall be furnished by the State and Union territory Supervisory 
Boards  to  the  Board  and  the  Central  Government  in  respect  of  various  activities  undertaken  in  the 
State under the Act under clause (iv) of sub-section (1) of section 16A; 

(ivc) empowering the Appropriate Authority in any other matter under clause (d) of section 17A;] 

(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. 

1. Ins. by Act 14 of 2003, s. 24 (w.e.f. 14-2-2003). 

16 

 
                                                           
