THE
PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) AMENDMENT
BILL, 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. Short title
and commencement.-(1) This Act may be called the Pre-natal Diagnostic
Techniques (Regulation and Prevention of Misuse) Amendment Act,
2002.
(2) It shall come into force on such date as
the Central Government may, by notification in the Official Gazette,
appoint.
2. Substitution
of long title.-In the Pre-natal Diagnostic Techniques (Regulation and Prevention
of Misuse) Act, 1994 (57 of 1994) (hereinafter referred to as the principal
Act), for the long title, the following long title shall be substituted,
namely:—
“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.”.
3. Amendment of
section 1.-In section 1 of the principal Act, in sub-section (1), 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.
4. Amendment of
section 2.-In section 2 of the principal Act,—
(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;
(bb) “embryo” means a developing human organism
after fertilisation till the end of eight weeks (fifty-six
days);
(bc) “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;’;
(ii)
in clause (d), the
following Explanation shall be added, namely:—
“Explanation.— For 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;”;
(iii) in clause (e), the following
Explanation shall be added, namely:—
“Explanation.—For the purposes of this clause, ‘Genetic
Laboratory’ 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 (102 of 1956);
or
(ii) a post-graduate degree in biological
sciences;’;
(v) for clause (i), the following clause
shall be substituted, namely:—
‘(i) “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;’;
(vi) for clause (k), the following clause
shall be substituted, namely:—
‘(k) “pre-natal diagnostic test” means
ultrasonography or any test or analysis of amniotic fluid, chorionic villi,
blood or any tissue or fluid of a pregnant woman or conceptus conducted to
detect genetic or metabolic disorders or chromosomal abnormalities or congenital
anomalies or haemoglobinopathies or sex-linked diseases;’;
(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, 1956 (102 of 1956) or who possesses a post-graduate
qualification in ultrasonography or imaging techniques or radiology
;
(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. Amendment of
section 3.-In section 3 of the principal Act, for clause (2), the
following clause shall be substituted, namely:—
“(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. Insertion of
new sections 3A and 3B.-After section 3 of the principal Act, the following
sections shall be inserted, namely:—
“3A. Prohibition of sex-selection.-No person, including
a specialist or a team of specialists in the field of 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.
3B. Prohibition on sale of ultrasound machine, etc., to
persons, laboratories, clinics, etc., not registered under the Act.-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,
Genetic Laboratory, Genetic Clinic or any other person not registered under the
Act.”.
7. Amendment of
section 4.-In section 4 of the principal Act, for clauses (3) and
(4), the following clauses shall be substituted,
namely:—
“(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;
(ii) the pregnant woman has undergone two or more
spontaneous
abortions or foetal
loss;
(iii) 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:
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-natal 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. Amendment of
section 5.-In section 5 of the principal Act, for sub-section (2), the
following sub-section shall be substituted, namely:—
“(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. Amendment of
section 6.-In section 6 of the principal Act, after clause (b), the
following clause shall be inserted, namely:—
“(c) no person shall, by whatever means, cause or
allow to be caused selection of sex before or after
conception.”.
10. Amendment
of section 7.-In section 7 of the principal Act,—
(i) in sub-section (2), for clause
(c), the following clause shall be substituted,
namely:—
“(c) three members to be appointed by the Central
Government to represent the Ministries of Central Government in charge of Women
and Child Development, Department of Legal Affairs or Legislative Department in
the Ministry of Law and Justice, and Indian System of Medicine and Homoeopathy,
ex officio;”;
(ii) in clause (e), for sub-clause
(ii), the following sub-clause shall be substituted,
namely:—
“(ii) eminent gynaecologist and obstetrician
or expert of stri-roga or prasuti-tantra.”.
11. Amendment
of section 14.-In section 14 of the principal Act, for clause (f), the
following clause shall be substituted, namely:—
“(f) has, in the opinion of 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. Amendment
of section 15.-In section 15 of the principal Act, the following proviso shall
be inserted, namely:—
“Provided that no member other than an ex officio
member shall be appointed for more than two consecutive
terms.”.
13.
Substitution of new section for section 16.-For section 16 of the principal Act,
the following section shall be substituted, namely:—
“16. Functions of the Board.-The Board shall have the
following functions, namely:—
(i) to advise the Central Government on policy
matters relating to use of pre-natal diagnostic techniques, sex selection
techniques and against their misuse;
(ii) to review and monitor implementation of the
Act and rules made thereunder and recommend to the Central Government changes in
the said Act and rules.
(iii) to create public awareness against the
practice of pre-conception sex selection and pre-natal determination of sex of
foetus 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. Insertion
of new section 16A.-After section 16 of the principal Act, the following section
shall be inserted, namely:—
“16A. Constitution of State Supervisory Board and Union
territory Supervisory Board.-(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:—
(i) 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;
(iii) to monitor the
implementation of provisions of the
Act and the rules and make suitable
recommendations relating thereto, to the
Board;
(iv) to send such consolidated
reports as may be prescribed in respect of the various activities undertaken in
the 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
officio;
(b) Secretary in charge of the
Department of Health and Family Welfare who shall be the Vice-Chairperson, ex
officio;
(c) Secretaries or
Commissioners in charge of Departments of Women and Child Development, Social
Welfare, Law and Indian System of Medicines and Homoeopathy, ex officio,
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;
(f) ten members to be
appointed by the State Government
out of which two each shall be from the following
categories,—
(i) eminent social scientists
and legal experts;
(ii) eminent women activists
from non-governmental organizations or otherwise;
(iii) eminent gynaecologists and obstetricians
or experts of stri- roga or prasuti-tantra;
(iv) 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 officio.
(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.
(6) 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.
(8) 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) The co-opted members shall
have the same powers and functions as other members, except the right to vote
and shall abide by the rules and regulations.
(10) In respect of matters not specified in this
section, the State Board shall follow procedures and conditions as are
applicable to the Board.”.
15. Amendment
of section 17.-In section 17 of the principal Act,—
(i) in sub-section (3), for clause
(a), the following clause shall be substituted,
namely:—
“(a) when appointed for the whole of the State
or the Union territory, consisting of the following three
members—
(i) 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
(iii) 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:—
“(e) 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;
(f) to create public awareness against the
practice of sex selection or pre-natal determination of
sex;
(g)
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.”;
(iii) for sub-section (7), the following
sub-section shall be substituted, namely:—
“(7) No person who has been associated with the
use or promotion of pre-natal diagnostic techniques for determination of sex or
sex selection shall be appointed as a member of the Advisory
Committee.”.
16. Insertion
of new section 17A.-After section 17 of the principal Act, the following section
shall be inserted, namely:—
“17A. Powers of Appropriate
Authorities.-The Appropriate Authority shall have 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 or the rules
made thereunder;
(b) production of any document
or material object relating to clause (a);
(c) issuing search warrant for any place
suspected to be indulging in sex selection techniques or pre-natal sex
determination; and
(d) any other matter which may be
prescribed.”.
17. Amendment of section 18.-In section
18 of the principal Act, for sub-section (1), the following sub-section
shall be substituted, namely:—
“(1) No person shall open any Genetic Counselling
Centre, Genetic Laboratory or
Genetic Clinic, including clinic, laboratory or centre 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.
Substitution of new section for section 22.-For section 22 of the principal Act,
the following section shall be substituted, namely:—
‘22. Prohibition of advertisement
relating to pre-conception and pre-natal determination of sex and punishment for
contravention.-(1) 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.
(3) Any person who contravenes
the provisions of sub-section (1) 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.—For 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. Amendment
of section 23.-In section 23 of the principal Act, for sub-sections (2)
and (3), the following sub-sections shall be substituted,
namely:—
“(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 register of the Council for a
period of five years for the first offence and permanently 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 for 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.
Substitution of new section for section 24.-For section 24 of the principal Act,
the following section shall be substituted, namely:—
“24. Presumption in the case of
conduct of pre-natal diagnostic techniques.-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 be, 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.”.
21. Amendment
of section 28.-In section 28 of the principal Act, in sub-section (1), in
clause (b), for the words “thirty days”, the words “fifteen days” shall
be substituted.
22. Amendment
of section 30.-In section 30 of the principal Act, for sub-section (1),
the following sub-section shall be substituted, namely:—
“(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, 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.”.
23. Insertion
of new section 31A.-After section 31 of the principal Act, the following section
shall be inserted, namely:—
“31A. Removal of
difficulties.-(1) 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. Amendment
of section 32.-In section 32 of the principal Act, in sub-section
(2),—
(i) for clause (i) , the following clauses
shall be substituted, namely:—
"(i) the minimum qualifications for persons
employed at a registered Genetic Couselling Centre, Genetic Laboratory or
Genetic Clinic under clause (2) of section 3;
(ia) 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;";
(ii) after clause (iv) the following
clauses shall be inserted, namely:—
"(iva) code of conduct to be observed by 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
under the Act under clause (iv) of sub-section (1) of section
16A;
(ivc) empowering the Appropriate Authority in any
other matter under clause (d) of section 17A;".
Statement 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 are 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 develped 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.
New Delhi;
SHATRUGHAN
SINHA.
The 19th
July,
2002.
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 Board 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 DA/TA 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 apart from two Government
officers. As the number of meetings of the Appropriate Authorities is not fixed,
hence no precise estimates of the likely expenditure on account of holding of meetings can be given at this
stage.
3. The expenditure towards the State Supervisory 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 work out the exact cost of the expenditure that may be required.
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
(3) 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 (1) of newly
inserted section 16A empowers the Central Government to prescribe the manner in
which reports shall be furnished by the State and Union territory Supervisory
Boards to the 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 respect of which the
Appropriate Authority shall have powers for the purposes of the
Act.
6. Clause 22 of the Bill seeks to substitute sub-section
(1) of section 30 of the Act so as to empower the Central Government to
prescribe the 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.