Chapter IV Chapter IV

State Supervisory Board

Constitution of State Supervisory Board--(1) The Government shall constitute a Board to be known as the 'State Supervisory Board' to exercise the powers and perform the functions conferred on the Board under this Act.

1. (2) The Board shall consist of--
   • (a) the Minister incharge of the Department of Family Welfare, who shall be the Chairman, ex officio ;
   • (b) the Secretary to Government incharge of the Department of Family Welfare, who shall be the Vice-Chairman, ex officio ;
   • (c) two members to be appointed by the Government to represent the Ministers incharge of Woman and Child Development and of Law ex officio ;
   • (d) the Directors of Health Services of the State, ex officio ;
   • (e) ten members to be appointed by the Government, two each from amongst--
     • (i) eminent Medical Geneticists ;
     • (ii) eminent Gynaecologists and Obstetricians ;
     • (iii) eminent Paediatricians ;
     • (iv) eminent Social Scientists ; and
     • (v) representatives of Women welfare Organisations.
   • (f) two women members from the houses of the state Legislature of whom one shall be elected member of the Legislative Assembly ; and
   • (g) an officer, not below the rank of an Additional Secretary or equivalent of the Government, incharge of Family Welfare, who shall be the Member-Secretary, ex officio.

Term of office of members.--(1) The term of office of a member, other than an ex officio member, shall be in case of appointment under clause

1. (e) or clause
2. (f) of sub-section

1. (2) of section 7, be three years.
2. (2) If a casual vacancy occurs in the office of any other member, whether by reason of his death, ceasing to hold office, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled by the 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. (3) The Vice-Chairman shall perform such functions as may be assigned to him by the Chairman from time to time.
4. (4) The procedure to be followed by the members in the discharge of their functions shall be such as may be prescribed.

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 the regulations : Provided that the Board shall meet at least once in two months.

1. (2) The Chairman and in his absence the Vice-Chairman shall preside at the meetings of the Board.
2. (3) If for any reason the Chairman and the Vice-Chairman are unable to attend any meeting of the Board, any other member chosen by the members present at the meeting shall preside at the meeting.
3. (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.
4. (5) Members, other than ex officio members, shall receive allowances, if any, from the Board as may be prescribed.

Vacancies, etc. not to invalidate proceedings of the Board--No act or proceeding of the Board shall be invalid merely by reason of--

1. (a) any vacancy in, or any defect in the constitution of, the Board ; or
2. (b) any defect in the appointment of a person, acting as a member of the Board ; or
3. (c) any irregularity in the procedure of the Board not affecting the merits of the case.

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 of the provisions of this Act.

1. (2) A person associated with it by the Board under sub-section
2. (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.

Appointment of officers and other employees of the Board--(1) For the purposes of enabling it efficiently to discharge 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 Government.

1. (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.

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 this behalf by the Board.

Disqualification for appointment as member.-A person shall be disqualified for being appointed as a member if, he-

1. (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Government, involves moral turpitude; or
2. (b) is an undischarged insolvent; or
3. (c) is of unsound mind and so declared by a competent court; or
4. (d) has been removed or dismissed from the service of the Government or a Corporation owned or controlled by the Government; or
5. (e) has, in the opinion of the 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
6. (f) has, in the opinion of the Government been associated with the use or promotion of prenatal diagnostic technique for determination of sex or any preconception sex selection technique.

Eligibility of member for re-appointment.-Subject to the other terms and conditions of service as may be prescribed, any person ceasing to be a member shall be eligible for re-appointment as such member.

Functions of the Board.-The Board shall have the following functions, namely-

1. (i) to advise the Government on policy matters relating to use of prenatal diagnostic techniques, preconception sex selection techniques and their misuse;

1. (h) to review and monitor implementation of the Act and the rules made thereunder and recommend changes in the said Act and rules to the Government;
   • (iii) to create public awareness against the practice of preconception sex selection and prenatal determination of sex leading to female foeticide;
   • (iv) to lay down code of conduct to be observed by persons working at Genetic Counselling Centres, Genetic Laboratories, Ultrasonography Authorities and Genetic Clinics; and
   • (v) any other functions as may be specified under the Act.