Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
In this Act, unless the context otherwise requires,
(a) "Appropriate Authority" means the Appropriate Authority appointed under section 17;
(b) "Board" means the Central Supervisory Board constituted under section 7;
1
[(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);
On
and from the commencement of this Act,--
(1) no Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic unless registered under
this Act, shall conduct or associate with, or help in, conducting activities relating to pre-natal
diagnostic techniques;
1
[(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;]
(3) no medical geneticist, gynaecologist paediatrician registered medical practitioner or any other
person shall conduct or cause to be conducted or aid in conducting by himself or through any other
person, any pre-natal diagnostic techniques at a place other
1
[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.]
1[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 the foetus to any Genetic Counselling Centre, Genetic
Laboratory, Genetic Clinic or any other person not registered under the Act.]
On and from the commencement of this Act,--
(1) no place including a registered Genetic Counselling Centre or Genetic Laboratory or Genetic
Clinic shall be used or caused to be used by any person for conducting pre-natal diagnostic techniques
except for the purposes specified in clause (2) and after satisfying any of the conditions specified in
clause (3);
(2) no pre-natal diagnostic techniques shall be conducted except for the purposes of detection of
any of the following abnormalities, namely:--
(i) chromosomal abnormalities;
(ii) genetic metabolic diseases;
(1)
No person referred to in clause (2) of section 3 shall conduct the pre-natal diagnostic procedures unless--
(a) he has explained all known side and after effects of such procedures to the pregnant woman
concerned;
(b) he has obtained in the prescribed form her written consent to undergo such procedures in the
language which she understands; and
(c) a copy of her written consent obtained under clause (b) is given to the pregnant woman.
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[(2) No person including the person conducting pre-natal diagnostic procedures shall communicate
to the pregnant woman concerned or he
On and from the commencement of this Act,--
(a) no Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall conduct or cause
to be conducted in its Centre, Laboratory or Clinic, pre-natal diagnostic techniques including
ultrasonography, for the purpose of determining the sex of a foetus;
(b) no person shall conduct or cause to be conducted any pre-natal diagnostic techniques
including ultrasonography for the purpose of determining the sex of a foetus;
1
[(c) no person shall, by whatever means, cause or allow to be caused selection of sex before or
after conception.]
(1) The Central Government shall constitute a
Board to be known as the Central Supervisory Board to exercise the powers and perform the functions
conferred on the Board under this Act.
(2) The Board shall consist of--
(a) the Minister in charge of the Ministry or Department of Family Welfare, who shall be the
Chairman, ex officio;
(b) the Secretary to the Government of India in charge of the Department of Family Welfare, who
shall be the Vice-Chairman, ex officio;
(1) The term of office of a member, other than an ex officio
member, shall be,--
(a) in case of appointment under clause (e) or clause (f) of sub-section (2) of section 7, three
years: 1
***
2
[Provided that the term of office of a member elected under clause (f) of sub-section (2) of
section 7 shall come to an end as soon as the member becomes a Minister or Minister of State or
Deputy Minister, or the Speaker or the Deputy Speaker of the House of the People, or the Deputy
Chairman of the Council of States or ceases to be a member of the House from which she was
elected; and]
(b) in case of appointment under clause (g) of the said
(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 regulations:
Provided that the Board shall meet at least once in six months.
(2) The Chairman and in his absence the Vice-Chairman shall preside at the meetings of the Board.
(3) If for any reason the Chairman or the Vice-Chairman is unable to attend any meeting of the Board,
any other member chosen by the members present at the meeting shall preside at the meeting.
(4) All questions which come up before any meeting of the Board shall be decided by a majority of
the votes of
No act or proceeding of the
Board shall be invalid merely by reason of--
(a) any vacancy in, or any defect in the constitution of, the Board; or
(b) any defect in the appointment of a person acting as a member of the Board; or
(c) any irregularity in the procedure of the Board not affecting the merits of the case.
(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 any of the provisions of this Act.
(2) A person associated with it by the Board under sub-section (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.
(1) For the purpose of enabling it
efficiently to discharge its 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 Central Government.
(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.
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 like manner in this behalf.
A person shall be disqualified for being
appointed as a member if, he--
(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the
Central Government, involves moral turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a competent court; or
(d) has been removed or dismissed from the service of the Government or a Corporation owned
or controlled by the Government; or
(e) has, in
Subject to the other terms and conditions of service
as may be prescribed, any person ceasing to be a member shall be eligible for reappointment as such
member:
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[Provided that no member other than an ex officio member shall be appointed for more than two
consecutive terms.]
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[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;
1
[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 the 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 i
(1) The Central Government shall appoint,
by notification in the Official Gazette, one or more Appropriate Authorities for each of the Union
territories for the purposes of this Act.
(2) The State Government shall appoint, by notification in the Official Gazette, one or more
Appropriate Authorities for the whole or part of the State for the purposes of this Act having regard to the
intensity of the problem of pre-natal sex determination leading to female foeticide.
(3) The officers appointed as Appropriate Authorities under sub-section (1) or sub-section (2) shall
be,--
1
[(a) when appointed for the whole of the State or the Union territory, consisting of the following
three members--
1
[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.]
1
[(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 (14 of 2003) unless such Centre, Laboratory or Clinic is
duly registered under the Act.]
(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) Every Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic engaged, either partly or
(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) 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) Every certificate of registration sha
(1) The Appropriate Authority may suo motu, 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) 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) Notwithstanding anything contained in sub-secti
The Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic may, within
thirty days from the date of receipt of the order of suspension or cancellation of registration passed by the
Appropriate Authority under section 20, prefer an appeal against such order to--
(i) the Central Government, where the appeal is against the order of the Central Appropriate
Authority; and
(ii) the State Government, where the appeal is against the order of the State Appropriate
Authority,
in the prescribed manner.
1
[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 the 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, comm
(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 shall be reported by the Appropriate Authority
to the State Medical Council concerned for taking necessary action inclu
1
[24. Presumption in the case of conduct of pre-natal diagnostic techniques.-- Notwithstanding
anything contained in the Indian Evidence Act, 1872 (1 of 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.]
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.
(1) Where any offence, punishable under this Act has been committed
by a company, every person who, at the time the offence was committed was in charge of, and was
responsible to, the company for the conduct of the business of the company, 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.
(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 offe
Every offence under this Act
shall be cognizable, non-bailable and non-compoundable.
(1) No court shall take cognizance of an offence under this Act except
on a complaint made by
(a) the Appropriate Authority concerned, or any officer authorised in this behalf by the Central
Government or State Government, as the case may be, or the Appropriate Authority; or
(b) a person who has given notice of not less than 1[fifteen 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) 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.
(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.
1
[(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.]
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to
No suit, prosecution or other legal proceeding shall
lie against the Central or the State Government or the Appropriate Authority or any officer authorised by
the Central or State Government or by the Authority for anything which is in good faith done or intended
to be done in pursuance of the provisions of this Act.
1
[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
(14 of 2003), 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 (14 of 2003).
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliame
(1) The Central Government may make rules for carrying out the
provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for--
1
[(i) the minimum qualifications for persons employed at a registered Genetic Counselling
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) the form in which consent of a pre
The Board may, with the previous sanction of the Central
Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions
of this Act and the rules made thereunder to provide for--
(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) of section 9;
(b) the manner in which a person may be temporarily associated with the Board under
sub-section (1) of section 11;
(c) the method of appointment, the conditions of service and the scales of pay and allow
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 Parliament, while it
is in session, for a total period of thirty days which may be comprised in one session or in 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; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under
that rule or regulation.
(1) This Act may be called 1[the Pre-conception and
Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)] Act, 1994.
(2) It shall extend to the whole of India 2***.
(3) It shall come into force on such date3 as the Central Government may, by notification in the
Official Gazette, appoint.
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