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Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Section 22

Title: Prohibition of Advertisement Relating to Pre-conception and Pre-natal Determination of Sex and Punishment for Contravention

State: Central

Year: 1994

.....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.'. _______________________ 1 . Substituted b y Act 14 of 2003 , sec. 18 , for section 22 (see Annexe).

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Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Preamble 1

Title: Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)act,1994

State: Central

Year: 1994

THE PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHI BITION OF SEX SELECTION) ACT, 1994 [Act, No. 57 of 1994] [ 20 th September, 1994 ] PREAMBLE 1[An Act to provide for the prohibition of sex selection, before or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or me tabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female foeticide and for matters connected therewith or incidental thereto.] B e it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:-- ____________________ 1 . Substituted b y Act 14 of 2003 , sec. 2 , for the long title (see Annexe).

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Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Complete Act

Title: Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994

State: Central

Year: 1994

.....advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention Section23 - Offences and penalties Section24 - Presumption in the case of conduct of pre-natal diagnostic techniques Section25 - Penalty for contravention of the provisions of the Act or rules for which no specific punishment is provided Section26 - Offences by companies Section27 - Offence to be cognizable, non-bailable and non-compoundable Section28 - Cognizance of offences Chapter VIII Section29 - Maintenance of records Section30 - Power to search and seize records, etc Section31 - Protection of action taken in good faith Section31A - Removal of difficulties Section32 - Power to make rules Section33 - Power to make regulations Section34 - Rules and regulations to be laid before Parliament Annexe1 - ANNEXE Amending Act1 - PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) AMENDMENT ACT, 2002 Amending Act2 - PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) AMENDMENT ACT, 2001

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Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Chapter VIII

Title: Miscellaneous

State: Central

Year: 1994

.....or State Government or by the Authority for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act. Section 31A - Removal of difficulties 1 [31A. Removal of difficulties (1) If any difficulty arises ingiving effect to the provisions of the Pre-natal Diagnostic Techniques(Regulation and Prevention of Misuse) Amendment Act, 2002, theCentral Government may, by order published in the OfficialGazette, make such provisions not inconsistent with the provisions of the saidAct as appear to it to be necessary or expedient for removing the difficulty: Providedthat no order shall be made under thissection after the expiry of a period of three years from the date ofcommencement of the Pre-natal Diagnostic Techniques (Regulation and Preventionof Misuse) Amendment Act, 2002. (2)Every order made under thissection shall be laid, as soon asmay be after it is made, before each House of Parliament.] ______________________ 1.Inserted by Act 14 of 2003, sec. 23. Section 32 - Power to make rules (1) TheCentral Government may make rules for carrying out the provisions of this Act. (2) Inparticular, and without prejudice to the.....

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Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Amending Act 1

Title: Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002

State: Central

Year: 1994

.....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.". 14. Insertion of new section 16A. After section 16 of the principal Act, the following section shall be inserted, namely:-- "16A. Constitution of Stale Supervisory Board and Union territory Supervisory Board.--(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.....

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Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Chapter I

Title: Preliminary

State: Central

Year: 1994

.....disorders orchromosomal abnormalities or congenital anomalies or haemoglobinopathies orsex-linked diseases;] (l) "prescribed" means prescribed by rules made under this Act; (m) "registered medicalpractitioner" means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 ofthe Indian Medical Council Act, 1956 (102 of 1956),and whose name has been entered in a State Medical Register; (n) "regulations" means regulations framed by the Board under this Act; 1 [(o)"sex selection" includes any procedure, technique, test oradministration or prescription or provision of anything for the purpose ofensuring or increasing the probability that an embryo will be of a particularsex; (p) "sonologist or imaging specialist" means a person who possesses any one of the medical qualifications recognised under the Indian MedicalCouncil Act, 1956 (102 of 1956)or who possesses a post-graduate qualification in ultrasonography or imagingtechniques or radiology; (q) "State Board" means a State Supervisory Boardor a Union territory Supervisory Boardconstituted under section 16A; (r) "State Government" in relation toUnion territory with.....

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Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Section 2

Title: Definitions

State: Central

Year: 1994

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Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Chapter VII

Title: Offences and Penalties

State: Central

Year: 1994

.....services to or at such a Centre, Laboratory or Clinic, whether on an honorary basis or otherwise, and who contravenes any of the provisions of this Act or rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which may extend to five years and with fine which may extend to fifty thousand rupees. 1[( 2 ) The name of the registered me dical practitioner sh all 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 hi s name from the register of the Council for a period of five years for the first offence and permanently for the sub sequent 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 me dical geneticist, gynaecologist, sonologist or imaging specialist or registered me dical practitioner or any other person for sex.....

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Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Chapter IV

Title: Central Supervisory Board

State: Central

Year: 1994

.....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 taken appropriate steps to ensure its proper and effective implementation; (vi) any other functions as may be prescribed under the Act.] _______________________ 1 . Substituted b y Act 14 of 2003 , sec. 13 , for section 16 (see Annexe). Section 16A - Constitution of State Supervisory Board and Union territory Supervisory Board 1 [16A. Constitution of State Supervisory Board and Union territorySupervisory Board (1) Each State and Union territory having Legislature shall constitute a Boardto be known as the State Supervisory Boardor the Union.....

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Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Chapter III

Title: Regulation of Pre-natal Diagnostic Techniques

State: Central

Year: 1994

.....in the clinic in such manner, as may be prescribed, andany deficiency or inaccuracy found therein shall amount to contraventionof the provisions of section 5 or section 6 unlesscontrary is proved by the person conducting such ultrasonography; (4) noperson including a relative or husband of the pregnant woman shall seekor encourage the conduct of any pre-natal diagnostic techniques on her exceptfor the purposes specified in clause (2); (5) noperson including a relative or husband of a woman shall seek or encourage theconduct of any sex-selection technique on her or him or both.] ____________________ 1.Substituted by Act 14 of 2003,sec. 7, for clauses (3) and (4) (see Annexe). Section 5 - Written consent of pregnant woman and prohibition of communicating the sex of foetus ( 1) No person referred to in clause ( 2) of section 3 shall conduct the pre-natal diagnostic procedures unless-- (a) he has explained all known side and after effects of such procedures to the pregnant woman concerned; (b) he has obtained in the prescribed form her written consent to undergo such procedures in the language which she understands; and (c) a copy of her written consent obtained.....

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