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.
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 purpose 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; 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 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 16 A;
(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 the Constitution.’.
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 Center 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.”.
Insertion of new sections 3A and 3B
After section 3 of the principal Act, the following sections shall be inserted, namely:-
Prohibition of sex-selection.
“3A. 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.
Prohibition on sale of ultrasound machine etc. to persons, laboratories, clinics etc. not registered under the Act.
3B. 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 Councelling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act.”.
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