Pre-Natal Diagnostic Techniques Amendment Act, 2002 - Amendment of section 17, 18, 23

Amendment of section 17

        In section 17 of the principal Act,-

 (i) in sub-section (3), for clause (a), the following clause shall be substituted, namely:-
 “(a) when appointed for the whole of the State or the Union territory, consisting of the following three members -

       (1) an officer of or above the rank of the Joint Director of Health and Family   Welfare - Chairperson;

      (2) an eminent woman representing women’s  organisation; and

      (3) an officer of Law Department of the State or the Union territory concerned:

      Provided that it shall be the duty of the State or the Union territory concerned to constitute multi-member State or Union territory level Appropriate Authority within three months of the coming into force of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002:

     Provided further that any vacancy occurring therein shall be filled within three months of the occurrence.”;

 (ii) in sub-section (4), after clause (d), the following clauses shall be inserted, namely:-

“(e)  to take appropriate legal action against the use of any sex selection technique by any person at any place, suo-motu or brought to its notice and also to initiate independent investigations in such matter;

(f)   to create public awareness against the practice of sex selection or pre-natal determination of sex;

(g)   to supervise the implementation of the provisions of the Act and rules;

(h)   to recommend to the Board and State Boards modifications required in the rules in accordance with changes in technology or social conditions;

       (i) to take action on the  recommendations of the Advisory Committee made after investigation of complaint for suspension or cancellation of registration.”;

       (ii) for sub-section (7), the following sub-section shall be substituted, namely:-

 “(7) No person who has been associated with the use or promotion of pre-natal diagnostic techniques for determination of sex or sex selection shall be appointed as a member of the Advisory Committee.”.

Insertion of new section 17A.
    
    After section 17 of the principal Act, the following section shall be inserted, namely :-

 Powers of Appropriate Authorities.

        “17A. 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.”.

 Amendment   of section 18
 
          In section 18 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely :-

“(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 unless such centre, laboratory or clinic is duly registered under the Act.”.

Substitution of new section for section 22.

  For section 22 of the principal Act, the following section shall be substituted, namely:-

Prohibition   of advertisement relating   to   pre-conception  and  pre-natal determination of sex  and  punishment for contravention. 

’22. (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, communicate or cause to be issued, published, distributed or communicated any advertisement in any manner regarding pre-natal determination or pre-conception selection of sex by any means whatsoever, scientific or otherwise.

 (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees.

 Explanation.- For the purposes of this section, ‘advertisement’ includes any notice, circular, label, wrapper or any other document including advertisement through internet or any other media in electronic or print form and also includes any visible representation made by means of any hoarding, wall-painting, signal, light, sound, smoke or gas.”.

 Amendment of section 23
  In section 23 of the principal Act, for sub-sections (2) and (3), the following sub-sections shall be substituted, namely:-

“(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 including suspension of the registration if the charges are framed by the court and till the case is disposed of and on conviction for removal of his name from the register of the Council for a period of five years for the first offence and permanently for the subsequent offence.

 (3) Any person who seeks the aid of any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or ultrasound clinic or imaging clinic or of a medical geneticist, gynaecologist, sonologist or imaging specialist or registered medical practitioner or any other person for sex selection or for conducting pre-natal diagnostic techniques on any pregnant women for the purposes other than those specified in sub-section (2) of section 4, he shall, be punishable with imprisonment for a term which may extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh  rupees. 

 (4) For the removal of doubts, it is hereby provided, that the provisions of sub-section (3) shall not apply to the woman who was compelled to undergo such diagnostic techniques or such selection.”.