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Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002

Substitution of new section for section 16

    For section 16 of the principal Act, the following section shall be substituted, namely:-

 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.”.

 Insertion of new section 16A

       After section 16 of the principal Act, the following section shall be inserted, namely: -

 Constitution of State Supervisory Board and Union territory Supervisory Board.

“16A (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 Homeopathy, ex officio, or their representatives;

     (d)   Director of Health and Family Welfare or Indian System of Medicines and Homeopathy 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 pediatricians or medical geneticists;

          (v)    eminent radiologists or sonologists;           

  (g) an officer not below the rank of Joint Director incharge 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.”

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