REGISTERED NO. DL-33004/2002

The Gazette of India

EXTRAORDINARY

PART II —Section 2

PUBLISHED BY AUTHORITY

No. 39]

NEW DELHI, THURSDAY JULY25, 2002/SRAVANA 3, 1924

Separate paging is given to this Part in order that,. may be filed as a separate compilation.

RAJYA SABHA

The following Bill was introduced in the Rajya Sabha on the 25th July, 2002:—

BILL No. LXIV OF 2002

A Bill further to amend the Pre-natal Diagnostic Techniques (Regulation and Prevention

of Misuse) Act, 1994.

BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:—

1.(7) This Act may be called the Pre-natal Diagnostic Techniques (Regulation and

Prevention of Misuse) Amendment Act, 2002.

Short title and

commencement

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. In the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act,

1994 (hereinafter referred to as the principal Act), for the long title, the following long title

shall be substituted, namely:—

57 of 1994

Substitution

of long title

"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."

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

3. In section 1 of the principal Act, in sub-section (7), for the words and brackets "the

Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse)", the words and

brackets "the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex

Selection)" shall be substituted.

Amendment

of section 1.

4. In section 2 of the principal Act,—

Amendment

of section 2.

(i) after clause (b), the following clauses shall be inserted, namely:—

'(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;

(bfo) "embryo" means a developing human organism after fertilisation

till the end of eight weeks (fifty-six days);

(be) "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;';

(//) in clause (d), the following Explanation shall be added, namely:—

"Explanation.—FOY 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;";

(Hi) in clause (e), the following Explanation shall be added, namely:-—

"ExpIanation.—rFor the purposes of this clause, 'Genetic Laboratory¹

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.";

(iv) for clause (g), the following clause shall be substituted, namely:—

'(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; or

102 of 1956

(ii) a post-graduate degree in biological sciences;';

(v) for clause (/), the following clause shall be substituted, namely:—

'(/) "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;';

(w) for clause (k), the following clause shall be substituted, namely:—

'(A) "pre-natal diagnostic test" means ultrasonography or any test or

analysis of amniotic fluid, chorionic villi, blood or any tissue or fluid of apregnant

woman or conceptus conducted to detect genetic or metabolic disorders or

chromosomal abnormalities or congenital anomalies or haemoglobinopathics

or sex-linked diseases;';

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TJTE GAZETTE OF INDIA EXTRAORDINARY

(vii) after clause (n), the following clauses shall be inserted, namely:—

'(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, 1,956 or who ppsse^sjes a post-graduate qualification in ultrasonography or

imaging techniques or radiology ;

' '

'-**••*

102 of 1956.

(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 Constitution.'.

5. In section 3 of the principal Act, for clause (2), the following clause shall be

substituted, namely:—

Amendment

of section 3.

"(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.".

6. After section 3 of the principal Act, the following sections shall be inserted,

namely:-—

Insertion of

new sections

3A and 3B.

"3A. No person, including a specialist or a team of specialists in the field oi

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.

Prohibition of

iex-selection.

3B. No person shall sell any ultrasound machine or imaging machine or scanner

or any other equipment capable of detecting sex of foetus to any Genetic Counselling

Centre, Generic Laboratory, Genetic Clinic or any othe; person not registered under the

Act.".

Prohibition

on sale of

ultrasound

machine, etc.,

to persons,

laboratories,

clinics, etc.,

not registered

under the Act.

7. In section 4 of the principal Act, for clauses (3) and (4), the following clauses shall

be substituted, namely:—

Amendment

of section 4.

"(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;

(if) the pregnant woman has undergone two or more spontaneous

abortions or foetal loss;

(Hi) 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:

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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

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-natat 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.".

8. In section 5 of the principal Act, for sub-section (2), the following sub-section shall

be substituted, namely:—

Amendment

of section 5.

"(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.".

9. In section 6 of the principal Act, after clause (b), the following clause shall be

inserted, namely:—

Amendment

of section 6.

"(c) no person shall, by whatever means, cause or allow to be caused selection

of sex before or after conception.".

10. In section 7 of the principal Act,—

Amendment

of section 7

(/) in sub-section (2), for clause (c), the following clause shall be substituted,

namely:—

"(fi) three members to be appointed by the Central Govc rnment to represent

the Ministries of Central Government in charge of Women and Child

Development, Department of Legal Affairs or Legislative Department iri the

Ministry of Law and Justice, and Indian System of Medicine and Homoeopathy,

ex officio;";

(//) in clause (e), for sub-clause (»/), the following sub-clause shall be substituted,

namely:—

"(;'/) eminent gynaecologist and obstetrician or expert of stri-roga or

prasuti'tantra".

11. In section 14 of the principal Act, for clause (i), the following clause shall be

substituted, namely:—

Amendment

of section 14.

"(/} has, in the opinion pf 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.".

12. In section 15 of the principal Act, the following proviso shall be inserted,

namely:—

Amendment

of section 15.

"Provided that no member other than an ex officio member shall be appointed

for more than two consecutive terms.".

13. For section 16 of the principal Act, the following section shall be substituted,

namely:—

Substitution of

new

section

for section 16.

Function? of

the Board,

"16. The Board shall have the following functions, namely:—

(/) to advise the Central Government on policy matters relating to use of

pre-natal diagnostic techniques, sex selection techniques and against their

misuse;

SFC 7]

THE GAZbTTE OF INDIA EXTRA0KT-1NARY

(ii) to review and monitor implementation ot the Act and rules made

thereunder and recommend to the Central Government changes in the said Act

and rules

(//;) to create public awareness against the practice of pre-conception sex

selection and pre-natal determination of sex of foclus leading to female foeticide,

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

Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics;

(v) 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 "

14. After section 16 of the principal Act, <he following section shall be inserted,

namely—

Insertion of

new section

16A

"16A. (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:—

Constitution

of State

Supervisory

Board and

Union

tcintory

Supe

Boar

(l) to create public awareness against the practice of pre-conception sex

selection and pre-natal determination of sex of 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;

(HI) to monitor the implements uon of provisions of the Act and the rules

and make suitable recommendatiors relating thereto, to the Board;

(iv) to send such consolidated reports as may be prescribed in respect of

the various activities undertaken in die 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 ofEcio;

(b) Secretary in charge of the Department of Health and Family Welfare

who shall be the Vice-Chairperson, ex ofScio;

(c) Secretaries or Commissioners in charge of Departments of Women

and Child Development, Social Welfare, Law and Indian System of Medicines

and Homoeopathy, ex ofiScio, 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;

(x) ten members to be appointed by the State Government out of

which two each shall be from the following categories,—

(j) eminent social scientists and legal experts;

(ii) eminent women activists from non-governmental organisations

or otherwise;

(Hi) eminent gynaecologists and obstetricians or experts of

striiogB or prasuti-tantra;

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(JV) 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 ofBcio.

(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

(r5) 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.

(S) 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) "> he co-opted members shall have the same powers and functions as

other mer; bers, except the right to vote and shall abide by the rales and regulations.

(lLr, In respect of matters not specified in this section, the State Board shall

follow procedures and conditions as are applicable to the Board.".

15. In section 17 of the principal Act,—

Amendment

of ucrtion 17

if) in sub-section (J), for clause (a), the following clause shall be substituted,

namch:—

"(a) when appointed for the whole of the State or the Union territory,

consisting of the following three members—

(j) 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

{Hi) 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:

Provided further that any vacancy occurring therein shall be filled

within three months of the occurrence.".

{ii) in sub-section (4), after clause (d), the following clauses shall be inserted,

namely:—

"(c) 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;

SFC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(/) to create public awareness against the practice of sex selection or pre-

natal determination of sex;

(£•) 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.";

{Hi) for sub-section (7), the following sub-section shall be substituted,

namely:—

"(7) No person who has been ass jciated with the use orpromotion of pre -

natal diagnostic techniques for determination of sex or sex selection shall be

appointed as a member of the Advisory Committee.",

16. After section 17 of the principal Act, the following section shall be inserted,

namely:—

Insertion of

new seclion

17A

"17A. The Appropriate Authority shaU have the

powers in respect of the

following matters, namely—

Powers of

Appropriate

Authorities

(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;

(h) production of any document or material object relating to clause (a);

<r) issuing search warrant for civ place suspected to be indulging in sex

seWcf.irp techniques or prc-nat,\l sc- determination; and

<d) arw other matter which may be prescribed ".

17. In section IS of the principal Act, for sub-section (/), the following sub-section

shall be substituted, namely: —

Amendment

of section IK

"(i) No person shall open any Genetic Counselling Centre, Genetic Laboratory

or Genetic Clinic, including clinic, laboratory or centic 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 unless such centre, laboratory or clinic is duly

registered under the Act.".

18. For section 22 ot the principal Act, the following section shall be substituted,

namely.—-

Subititution

of new

section for

section 22.

Prohibition of

advertisement

relating to pre-

conception

and pre-natal

determination

sex

and

punishment

for contraven-

tion.

'22. (/) 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 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.

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[PART 11—

(3) Any person w(io contravenes the provisions of sub-section (/) 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,—Vor

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.'.

19. In section 23 of the principal Act, for sub-sections (2) and (3), the following sub-

sections shall be substituted, namely:—

Amendment

of section 23.

"(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

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 foi any subsequent offence with imprisonment which

may extend to five years and with fine which may extend to one lakh rupees.

(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.".

20. For section 24 of the principal Act, the following section shall be substituted,

namely:—

Substitution

at new

section for

section 24

Presumption

in the case of

conduct of

pre-natal

diagnostic

techniques.

"24. Notwithstanding anything contained in the Indian Evidence Act, 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 bo, 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.".

1 of 1872

21. In section 28 of the principal Act, in sub-section (/), in clause (b), for the words

"thirty days", the words "fifteen days" shall be substituted.

Amendment

of section 28.

22. In section 30 of the principal Act, for sub-section {I), the following sub-section

shall be substituted, namely:—

Amendment

of section 30,

"(7) 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.",

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

23. After section 31 of the principal Act, the following section shall be inserted,

namely:—

Insertion of

new section

Rcimival of

difficulties

"31 A. (i) If any difficulty arises in giving effect to the provisions of the Pre-

natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment

Act, 2002, 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.

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

is made, before each House of Parliament.".

24. In section 32 of the principal Act, in sub-section (2),~~

Amendment

of section 32

(0 tor clause (;), the following clauses shall be substituted, namely;—

"(j) the minimum qualifications for persons employed at a registered

Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic under clause

(2) of section 3;

(/a) 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;";

(/;) after clause (iv), the following classes shall he inserted, namely: —

"(/va) code of conduct to be observed hy 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 und>;r the Act under clause

(;V) of sub-section (/) of section 16 A;

(;Vc) empowering the Appropriate Authority in any other matter under

clause (d) of section 17A;".

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

5TATEMENT OF OBJECTS AND REASONS

The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act,

1994 seeks to prohibit pre-natal diagnostic techniques for determination of sex of the

foetus leading to female foeticide. During recent years, certain inadequacies and practical

difficulties in the administration of the said Act have come to the notice of the Government,

which has necessitated amendments in the said Act.

2. The pre-natal diagnostic techniques like amniocentesis and sonography arc useful

for the detection of genetic or chromosomal disorders or congenital malformations or sex

linked disorders, etc. However, the amniocentesis and sonography are being used on a large

scale to detect the sex of the foetus and to terminate the pregnancy of the unborn child if

found to be female. Techniques are also being developed to select the sex of child before

conception. These practices and techniques are considered discriminatory to the female

sex and not conducive to the dignity of the women.

3. The proliferation of the technologies mentioned above may, in future, precipitate

a catastrophe, in the form of severe imbalance in male-female ratio. The State is also duty

bound to intervene in such matters to uphold the welfare of the society, especially of the

women and children. It is, therefore, necessary to enact and implement in letter and spirit a

legislation to ban the pre-conception sex selection techniques and the misuse of pre-natal

diagnostic techniques for sex-selective abortions and to provide for the regulation of such

abortions. Such a law is also needed to uphold medical ethics and initiate the process of

regulation of medical technology in the larger interests of the society.

4 Accordingly, it is proposed to amend the aforesaid Act with a view to banning the

use of both sex selection techniques prior to conception as well as the misuse of pre-natal

diagnostic techniques for sex selective abortions and to regulate such techniques with a

view to ensuring their scientific use for which they are intended.

5. The Bill seeks to achieve the aforesaid objects.

SHATRUGHAN SINHA.

SFC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 14 of the Bill, which seeks to insert a new section 16A in the Pre-natal

Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 provides that

each State and Union territory having legislature shall constitute a State Supervisory Board

or a Union territory Supervisory Board, as the case may be, with the Minister in charge of

Health and Family Welfare in the State as its Chairperson and 19 other members. The Bill

also provides that the State Board may co-opt members, as and when required, not exceeding

one-third of the total strength of the State Board, i.e., the State Board has power to co-opt

up to six members. Thus, apart from the Chairperson and six ex officio members, the State

Board may have 19 non-official members. The Members other than the ex officio members

of the State Board will receive such allowances, if any, as may be prescribed in terms of sub-

section {10) of newly inserted section 16A of the Bill which provides that the State

Government shall follow procedures and conditions as are applicable to the Central

Supervisory Board. Sub-section (3) of section 16A also provides that the State Roard shall

meet at least once in four months. The financial liability that will accrue to the State

Government will be in respect of payment of DATTA to the non-official members and other

usual expenditure for holding the State Board meetings. No precise estimates of the likely

expenditure on this account can be given at this stage.

2. Clause 15 of the Bill seeks to amend clause (a) of sub-section (3) of section 17 of

the said Act which envisages constitution of a multi-member State or Union territory level

Appropriate Authority, The members of the Appropriate Authority will include an eminent

woman representing women's organisation ap»<! from two Government officers. As the

number ot meetings of the Appropriate Authorit s is not fixed, hence no precise estimates

of the likely expenditure on account ot holding of meetings c.in bt given at this stage.

3. The expenditure towards the State Supervisoiy Boards and multi-member State

level Appropriate Authorities and other miscellaneous expenditure in the State will be

provided by the respective State Governments and such expenditure in respect of the

Union territories will be defrayed out of the Consolidated Fund of India. At present, it is

not possible to wor)c out the exact cost of the expenditure that may be required.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—SEC. 2]

MEMORANDUM REGARDING DELEGATED LEGISLATION

1. Clause 5 of the Bill seeks to substitute sub-section (2) of section 3 of the Pre-natal

Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 so as to empower

the Central Government to prescribe by rules minimum qualifications for persons employed

in registered Genetic Counselling Centre, Genetic Laboratory and Genetic Clinic.

2. Clause 7 of the Bill seeks to substitute clauses (5) and (4) of section 4 of the said

Act. Proviso to sub-section (3) of section 4 empowers the Central Government to prescribe

the manner in which the person conducting ultrasonography on a pregnant woman shall

keep record thereof in the Clinic.

3. Clause 13 of the Bill seeks to substitute section 16 of the aforesaid Act. Clause (iv)

of section 16 empowers the Central Supervisory Board to lay down code of conduct which

would be observed by persons working at Genetic Counselling Centres, Genetic Laboratories

and Genetic Clinics,

4. Clause 14 of the Bill seeks to insert new section 16A in the aforesaid Act. Clause

(iv) of sub-section (7) of newly inserted section 16A empowers the Central Government fo

prescribe the manner in which reports shall be furnished by the State and Union territory

Supervisory Boards to Ihe Central Supervisory Board and to the Central Government in

respect,of various activities undertaken in the States or Union territories under the Act.

5. Clause 16 of the Bill seeks to insert new section 17A in the aforesaid Act. Clause (d)

of newly inserted section 17A empowers the Central Government to prescribe any other

matter in icspect of which the Appropriate Authority shall have powers for the purposes oi

the Act.

6. Clause 22 of the Bill seeks to substitute sub-section (/) of section 30 of the Act so

as to empower the Central Government to prescribe ihe manner in which search, seizure and

sealing of documents, records, objects, etc., shall be made.

7. The delegation of the legislative power under the aforesaid provisions relates to

the matter of procedure and administrative detail. The delegation of legislative power is,

therefore, of a normal character.

R.C.TRIPATHI,

Secretary-General.

PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA UNDER RULE 68 OF THE RULES OF

PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA.

MGIP(PLU)MRND—2471GI—29-08-2002.