Chapter VI Chapter VI

Registrion of Genetic Counselling :Centres, Genetic Laboratories and Genetic binies

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/Imaging machine/clinic capable of undertaking determination of sex of foetus, after the commencement of this Act, unless such Centre, Laboratory or Clinic is duly registered separately or jointly under this Act.
2. (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. (3) Every Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic engaged, either partly or exclusively, counselling or conducting prenatal 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. (4) Subject to the provisions of section 6, every Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic engaged in counselling or conducting prenatal 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. (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.

Certificate of registration.—

1. (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. (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. (3) Every certificate of registration shall be renewal in such manner and after such period and on payment of such fees as may be prescribed.
4. (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.

Cancellation or suspension of registration.—

1. (1) The Appropriate Authority may suo moto, 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. (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. (3) Notwithstanding anything contained in sub-sections
4. (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).

Appeal.—

1. (1) The Genetic Centre, Genetic Laboratory or Genetic Clinic may, from the date of receipt of the order of suspension passed by the Appropriate Authority under section 20, prefer an appeal against such order to the Government.
2. (2) The Government may, after affording reasonable opportunity of being heard to the Appropriate Authority and the Appellant, pass such orders as it may deem fit.

Prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention.—

1. (1) No person, organisation, Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, including Clinic, Laboratory or Centre having Ultrasound Machine capable of undertaking determination of sex of foetus shall issue or cause to be issued any advertisement in any manner regarding facilities of prenatal determination of sex and pre-conception sex selection, available at such Centre, Laboratory, Clinic or any other place.
2. (2) No person or organisation shall publish or distribute or cause to be published or distribute any advertisement in any manner regarding facilities of prenatal determination of sex and pre-conception sex selection available at any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other place.
3. (3) Any person who contravenes the provisions of sub-section
4. (1) or sub-section
5. (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.
6. (4) Any person who contravenes the provisions of sub-section
7. (2) of section 5 shall be punishable with fine which may extend to one thousand rupees and may also be liable to removal of his name from the register of the medical practitioner by the concerned Medical Council or other registering authority. Explanation.—For the purposes of this section, "advertisement" includes any notice, circular, label, wrapper or other document and also includes any visible representation made by means of any light, sound, smoke or gas.

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.

1. (2) The name of the registered Medical Practitioner who has been convicted by the Court under sub-section
2. (1) shall be reported by the Appropriate Authority to the respective State Medical Council for taking necessary action including suspension of the registration for two years if the charges are framed, 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. (3) Any person who seeks the aid of any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or Ultrasound/Imaging Clinic or of a Medical Geneticist, Gynaecologist, Sonologist/Imaging Specialist or Registered Medical Practitioner for preconception sex selection or for conducting prenatal diagnostic techniques on any pregnant women (excluding such woman) for purposes other than those specified in clause
   • (b) of section 4 shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to fifty thousand rupees and on any subsequent conviction with imprisonment which may extend to five years and with fine which may extend to one lakh rupees.

Presumption in the case of conduct of prenatal diagnostic techniques.--Notwithstanding anything contained in the Evidence Act, Samvat 1977, the Court shall presume unless the contrary is proved that the pregnant woman has been compelled by her husband or the relative to undergo prenatal diagnostic technique and such person shall be liable for abetment of offence under sub-section

1. (1) of section 23 and shall be punishable for the offence specified in that section.

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.

Offences by companies.--(1) Where any offence, punishable under this Act has been committed by a company, every person who, at the time of the commission of the offence was in charge of, and was responsible to, the company for the conduct of its business 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.

1. (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 trust, society, firm or other association of individuals; and
   • (b) "Director", in relation to a firm, means a partner in the firm.

Offence to be cognizable, non-bailable and non-compoundable.--Every offence under this Act shall be cognizable, non-bailable and non-compoundable.

Cognizance of offences.--(1) No court shall take cognizance of an offence under this Act except on a complaint made by,--

1. (a) the Appropriate Authority concerned, or any officer authorised in this behalf by the State Government, or the Appropriate Authority; or
2. (b) a person who has given notice of not less than thirty days in the manner prescribed, to the Appropriate Authority, of the alleged offence and of his intention to make a complaint to the court. Explanation.--For the purpose of this clause, "person" includes a social organisation.

1. (2) No court other than that of a Judicial Magistrate of the first class shall try any offence punishable under this Act.
2. (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.

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.

1. (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.

Power to search and seize records etc.--(1) If the Appropriate Authority has reason to believe that an offence under this Act has been or is being committed at any Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, or any other place such authority or any officer authorised thereof in this behalf may, subject to such rules as may be prescribed, enter and search at all reasonable times, with such assistance, if any, as such authority or officer considers necessary; such Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic or other place and examine any record, Register, Document, Book, Pamphlet, Advertisement or any other material or object found therein and seize the same if such authority or officer has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act.

1. (2) The provisions of the Code of Criminal Procedure, Samvat 1989, relating to searches and seizures shall, so far as may be, apply to such search or seizure made under this Act.

Protection of action taken in good faith.-No suit, or other legal proceeding shall lie against the Government Authority or any officer authorised by the authority for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act.

Power to make rules.-(1) The Government may make rules for carrying out the provisions of this Act.

1. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for,-
   • (i) the minimum qualifications for persons employed at a registered Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic under clause
   • (a) of section 3.
     • (ii) the form in which consent of a pregnant woman has to be obtained under section 5 ;
     • (iii) the procedure to be followed by the members of the State Supervisory Board in the discharge of their functions under sub-section
2. (4) of section 8.
   • (iv) allowances for members other than ex officio members admissible under sub-section
3. (5) of section 9 ;
   • (v) the period intervening between any two meetings of the Advisory Committee under the proviso to sub-section
4. (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
5. (9) of section 17 ;
   • (vii) the form and manner in which an application shall be made for registration and the fee payable under sub-section
6. (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
7. (5) of section 18 ;
   • (ix) the form in which a certificate of registration shall be issued under sub-section
8. (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
9. (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
10. (1) of section 29 ;
    • (xiii) the manner in which the seizure of the 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
11. (1) of section 30 ;
    • (xiv) any other matter that is required to be, or may be, prescribed.

Power to make regulations.-The Board may with the previous sanction of the Government, by notification in the Government Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder to provide for,-

1. (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. (1) of section 9 ;
   • (b) the manner in which a person may be temporarily associated with the Board under sub-section
2. (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 ; and
   • (d) generally for the efficient conduct of the affairs of the Board.

Rules and regulations to be laid before State Legislature.-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 the State Legislature, while it is in session, for a total period of fifteen days which may be comprised in one session or 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, however, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.