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Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Rules, 2003

Rule 10 – With Reference to Rule 1

In the said rules, in rule 10, -

 (a) for sub-rule (1), the following sub-rule shall be substituted, namely:-

    “(1) Before conducting preimplantation genetic diagnosis, or any pre-natal diagnostic technique/test/procedure such as amniocentesis, chorionic villi biopsy, foetoscopy, foetal skin or organ biopsy or cordocentesis, a written consent, as specified in Form G, in a language the person undergoing such procedure understands, shall be obtained from her/him.”;

 (b) after sub-rule (1), the following new sub-rule (1A) shall be inserted, namely:-

 “(1A) Any person conducting ultrasonography/image scanning on a pregnant woman shall give a declaration on each report on ultrasonography/image scanning that he/she has neither detected nor disclosed the sex of foetus of the pregnant woman to any body.  The pregnant woman shall before undergoing ultrasonography/image scanning declare that she does not want to know the sex of her foetus.”.

 Rule 11 - Facilities for inspection

In the said rules, for rule 11, the following rule shall be substituted, namely:-

 Facilities for inspection.-

(1) Every Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic, Imaging Centre, nursing home, hospital, institute or any other place where any of the machines or equipments capable of performing any procedure, technique or test capable of pre-natal determination of sex or selection of sex before or after conception is used, shall afford all reasonable facilities for inspection of the place, equipment and records to the Appropriate Authority or to any other person authorised by the Appropriate Authority in this behalf for registration of such institutions, by whatever name called, under the Act, or for detection of misuse of such facilities or advertisement therefore or for selection of sex before or after conception or for detection/disclosure of sex of foetus or for detection of cases of violation of the provisions of the Act in any other manner.

(2) The Appropriate Authority or the officer authorized by it may seal and  seize any ultrasound machine, scanner or any other equipment, capable of detecting sex of foetus,  used by any organisation if the organisation has not got itself registered under the Act.  These machines of the organisations may be released if such organisation pays penalty equal to five times of the registration fee to the Appropriate Authority concerned and gives an undertaking that it shall not undertake detection of sex of foetus or selection of sex before or after conception.”.

 Rule 12 - Procedure for search and seizure     
In the said rules, in rule 12 for sub-rule (1), the following sub-rule shall be substituted, namely:-

 “12. Procedure for search and seizure. -  (1) The Appropriate Authority or any officer authorised in this behalf may enter and search at all reasonable times any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Imaging Centre or Ultrasound Clinic in the presence of two or more independent witnesses for the purposes of search and examination of any record, register, document, book, pamphlet, advertisement, or any other material object found therein and seal and seize the same if there is reason to believe that it may furnish evidence of commission of an offence punishable under the Act.

 Explanation:- In these Rules –

 (1) #$#Genetic Laboratory/Genetic Clinic/ Genetic Counselling Centre’ would include an ultrasound centre/imaging centre/ nursing home/hospital/institute or any other place, by whatever name called, where any of the machines or equipments capable of selection of sex before or after conception or performing any procedure, technique or test for pre-natal detection of sex of foetus, is used;

(2) ‘material object’ would include records, machines and equipments; and

(3)  #$#seize’ and ‘seizure’ would include ‘seal’ and ‘sealing’ respectively.”

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