Chapter II CHAPTER II

The National Assisted Reproductive Technology and Surrogacy Board to be constituted under sub-section (1) of section 17 of the Surrogacy Act shall be the National Board for the purposes of this Act.

Subject to the provisions of this Act and the rules made thereunder, the provisions of the Surrogacy Act relating to---

1. (i) constitution of the National Assisted Reproductive Technology and Surrogacy Board;
2. (ii) term of office of Members of the National Board;
3. (iii) meetings of the National Board;
4. (iv) vacancies, etc., not to invalidate proceedings of the National Board;
5. (v) disqualifications for appointment as Member of the National Board;
6. (vi) temporary association of persons with the National Board for particular purposes;
7. (vii) authentication of orders and other instruments of the National Board; and
8. (viii) eligibility of Members of the National Board for re-appointment, shall, mutatis mutandis, apply, so far as may be, in relation to assisted reproductive technology as they apply in relation to surrogacy, as if they are enacted under this Act.

The National Board shall exercise and discharge the following powers and functions, namely:—

1. (a) to advise the Central Government on policy matters relating to the assisted reproductive technology;
2. (b) to review and monitor the implementation of the Act, rules and regulations made thereunder and recommend to the Central Government, any suitable changes therein;
3. (c) to lay down code of conduct to be observed by persons working at clinics and banks, to set the minimum standards of physical infrastructure, laboratory and diagnostic equipment and expert manpower to be employed by clinics and banks;
4. (d) to oversee the performance of various bodies constituted under this Act and take appropriate steps to ensure their effective performance;
5. (e) to supervise the functioning of the National Registry and liaison with the State Boards;
6. (f) to pass orders as per the provisions made under this Act; and
7. (g) such other powers and functions as may be prescribed.

The State Assisted Reproductive Technology and Surrogacy Board to be constituted under section 26 of the Surrogacy Act shall be the State Board for the purposes of this Act.

Subject to the provisions of this Act and the rules made thereunder, the provisions of the Surrogacy Act relating to---

1. (i) constitution of the State Assisted Reproductive Technology and Surrogacy Board;
2. (ii) composition of the State Board;
3. (iii) term of office of members of the State Board;
4. (iv) meetings of the State Board;
5. (v) vacancies, etc., not to invalidate proceedings of the State Board;
6. (vi) disqualifications for appointment as member of the State Board;
7. (vii) temporary association of persons with the State Board for particular purposes;
8. (viii) authentication of orders and other instruments of the State Board; and
9. (ix) eligibility of member of the State Board for re-appointment, shall, mutatis mutandis, apply, so far as may be, in relation to assisted reproductive technology as they apply in relation to surrogacy, as if they are enacted under this Act.

1. (1) Subject to the provisions of this Act and the rules and regulations made thereunder, the State Board shall have the responsibility to follow the policies and plans laid by the National Board for clinics and banks in the State.
2. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the State Board, taking into account the recommendations, policies and regulations of the National Board, shall—
   • (a) co-ordinate the enforcement and implementation of the policies and guidelines for assisted reproduction; and
   • (b) such other powers and functions as may be prescribed.
3. (3) In the exercise of its functions under this Act, the State Board shall give such directions or pass such orders as directed by the National Board.

The Central Government may, within a period of ninety days from the date of commencement of this Act, by notification, establish for the purposes of this Act and Surrogacy Act, a Registry to be called the National Assisted Reproductive Technology and Surrogacy Registry

The National Registry referred to in section 9 shall consist of such scientific, technical, administrative and supportive staff and the terms and conditions of their service shall be such as may be prescribed.

The National Registry shall discharge the following functions, namely:—

1. (a) it shall act as a central database in the country through which the details of all the clinics and banks of the country including nature and types of services provided by them, outcome of the services and other relevant information shall be obtained on regular basis;
2. (b) it shall assist the National Board in its functioning by providing the data generated from the central database of the Registry;
3. (c) the data generated from the National Registry shall be utilised by the National Board for making policies, guidelines and shall help in identifying new research areas and conducting research in the area of assisted reproduction and other related fields in the country; and
4. (d) such other functions as may be prescribed.

1. (1) The Central Government shall, within a period of ninety days from the date of commencement of this Act, by notification, appoint one or more appropriate assisted reproductive technology and surrogacy authorities for each of the Union territories for the purposes of this Act and the Surrogacy Act.
2. (2) The State Government shall, within a period of ninety days from the date of commencement of this Act, by notification, appoint one or more appropriate assisted reproductive technology and surrogacy authorities for the whole or any part of the State for the purposes of this Act and the Surrogacy Act.
3. (3) The appropriate authority, under sub-section (1) or sub-section (2), shall, ---
   • (a) when appointed for the whole of the State or the Union territory, consist of---
     • (i) an officer of or above the rank of the Joint Secretary of the Health and Family Welfare Department--- Chairperson, ex officio;
     • (ii) an officer of or above the rank of the Joint Director of the Health and Family Welfare Department --- Vice Chairperson, ex officio;
     • (iii) an eminent woman representing women's organisation---member;
     • (iv) an officer of Law Department of the State or the Union territory concerned not below the rank of a Deputy Secretary---member, ex officio; and
     • (v) an eminent registered medical practitioner---member: Provided that any vacancy occurring therein shall be filled within one month of the occurrence of such vacancy;
   • (b) when appointed for any part of the State or the Union territory, the officers of such other rank as the State Government or the Central Government, as the case may be, may deem fit.
4. (4) The members of appropriate authority, other than ex officio members, shall receive only compensatory travelling expenses for attending the meetings of such Authority.

The appropriate authority shall discharge the following functions, namely: —

1. (a) to grant, suspend or cancel registration of a clinic or bank;
2. (b) to enforce the standards to be fulfilled by the clinic or bank;
3. (c) to investigate complaints of breach of the provisions of this Act, rules and regulations made thereunder and take legal action as per provisions of this Act;
4. (d) to take appropriate legal action against the misuse of assisted reproductive technology by any person and also to initiate independent investigations in such matter;
5. (e) to supervise the implementation of the provisions of this Act and the rules and regulations made thereunder;
6. (f) to recommend to the National Board and State Boards about the modifications required in the rules and regulations in accordance with changes in technology or social conditions;
7. (g) to take action after investigation of complaints received by it against the assisted reproductive technology clinics or banks; and
8. (h) such other functions as may be prescribed.

1. (1) The appropriate authority shall exercise 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 and the rules and regulations made thereunder;
   • (b) production of any document or material object relating to clause (a);
   • (c) searching of any place suspected to be violating the provisions of this Act and the rules and regulations made thereunder; and
   • (d) such other powers as may be prescribed.
2. (2) The appropriate authority shall maintain the details of registration of assisted reproductive technology clinics and banks, cancellation of registration, renewal of registration, grant of certificates to the commissioning couple and woman or any other matter pertaining to grant of licence and the like of the clinic or bank in such format as may be prescribed and submit the same to the National Board.