Vidhi Codex

section 26

Powers to make rules

The Maharashtra Regulation of Use of Pre-Natal Diagnostic Techniques Act, 1988
Health198826 sections
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Statutory text
  1. (1) The State Government may, subject to the condition of previous publication in the Official Gazette, make rules for carrying out the purposes of this Act: Provided that, if the State Government is satisfied that circumstances exist which render it necessary to take immediate action, it may dispense with the previous publication of any rule to be made under this Act.
  2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for—
    • (i) the minimum qualifications of the persons employed at a registered centre or laboratory or clinic;
    • (ii) the form and manner of application for registration, records to be maintained, consent of a female patient to be obtained at registered centre or laboratory or clinic;
    • (iii) minimum equipments necessary at the centre or laboratory or clinic;
    • (iv) the standards to be maintained by the centre or laboratory or clinic;
    • (v) the code of conduct of persons working at the centre or laboratory or clinic;
    • (vi) the manner in which an appeal may be filed to the State Government against the order of refusal, cancellation or suspension of registration;
    • (vii) the duration of validity of registration, procedure of renewal of registration and fees to be charged for registration and renewal thereof;
    • (viii) manner of and intervals at which a Local Vigilance Committee shall report its decisions and actions to the State Vigilance Committee;
    • (ix) the records, charts, reports, and other documents to be maintained in centre, laboratory or clinic, period for which such records and documents shall be maintained and preserved; and
    • (x) any other matter that is required or may be prescribed under this Act.
  3. (3) Every rule made under this section 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 thirty days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification 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 or omitted to be done under that rule.

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