Pre-Natal Diagnostic Techniques Act, 1994 - Central Supervisory Board

CHAPTER IV - CENTRAL SUPERVISORY BOARD

Constitution of Central Supervisory Board.-

(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;

          (c)   two members to be appointed by the Central Government to represent the Ministries of Central Government in charge of Woman and Child Development and of Law and Justice, ex-officio;

          (d)    the Director General of Health Services of the Central Government, ex officio;

          (e)     ten members to be appointed by the Central Government, two each from amongst—

                             (i)    eminent medical geneticists;

                             (ii)    eminent gynaecologists and obstetricians;

                             (iii)    eminent paediatricians;

                             (iv)    eminent social scientists; and

                             (v)     representatives of women welfare organisations;

          (f)    three women Members of Parliament, of whom two shall be elected by the House of the People and one by the Council of States;

         (g)    four members to be appointed by the Central Government by rotation to represent the States and the Union territories, two in the alphabetical order and two in the reverse alphabetical order:

Provided that no appointment under this clause shall be made except on the recommendation of the State Government or, as the case may be, the Union territory;

         (h)    an officer, not below the rank of a Joint Secretary or equivalent of the Central Government, in charge of Family Welfare, who shall be the Member-Secretary, ex officio.

 Term of office of members.-

    (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; and

              (b) in case of appointment under clause (g) of the said subsection, one year.

    (2) If a casual vacancy occurs in the office of any other members, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled by the Central Government by making a fresh appointment and the member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed.

    (3) The Vice-Chairman shall perform such functions as may be assigned to him by the Chairman from time to time.

    (4) The procedure to be followed by the members in the discharge of their functions shall be such as may be prescribed.

Meetings of the Board.-

(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 the members present and voting, and in the event of an equality of votes, the Chairman, or in his absence, the person presiding, shall have and exercise a second or casting vote.

(5) Members other than ex officio members shall receive such allowances, if any, from the Board as may be prescribed.

Vacancies, etc., not to invalidate proceedings of the Board.- 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.

 Temporary association of persons with the Board for particular purposes.

(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.

 Appointment or officers and other employees of the Board.-

(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.

 Authentication of orders and other instruments of the Board.- 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.

 Disqualifications for appointment as member.- 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 the opinion of the Central Government, such financial or other interest in the Board as is likely to affect prejudicially the discharge by him of his functions as a member; or

         (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.

 Eligibility of member for reappointment.- 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.

 Functions of the Board. - The Board shall have the following functions, namely:--

          (i) to advise the  Government on policy matters relating to use of pre-natal diagnostic techniques;

           (ii) to review implementation of the Act and the rules made thereunder and recommend changes in the said Act and rules to the Central Government;

           (iii) to create public  awareness against  the practice  of pre-natal determination of sex and 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) any other functions as may be specified under the Act.