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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

.....(REGULATION AND PREVENTION OF MISUSE) AMENDMENT ACT, 2002 THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) AMENDMENT ACT, 2002 [Act, No. 14 of 2003] [17th January, 2003] An Act further to amend the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994. BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-- 1. Short title and commencement (1) This Act may be called the Pre-natal Diagnostic Techniques (Regulation and Preventin of Misuse) Amendment Act, 2002. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. Substitution of long title In the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (57 of 1994) (hereinafter referred to as the principal Act), for the long title, the following long title shall be substituted, namely:-- "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 metabolic disorders or chromosomal abnormalities or.....

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Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 Complete Act

State: Central

Year: 1994

.....DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) ACT, 1994 PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) ACT, 1994 57 OF 1994 "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 metabolic 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." Be it enacted by Parliament in the Forth-fifty Year of the Republic of India as follows:-Prefatory Note- Statement of Objects and Reasons.-It is proposed to prohibit pre-natal diagnostic techniques for determination of sex of the foetus leading to female foeticide. Such abuse of techniques is discriminatory against the female sex and affects the dignity and status of women. A legislation is required to regulate the use of such techniques and to provide deterrent punishment to stop such inhuman act. 2. The Bill, inter alia, provides for:- (i) prohibition of the misuse.....

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The Punjab Prenatal Diagnostic Technique (Control and Regulation) Act, 1994 Complete Act

State: Punjab

Year: 1994

.....PUNJAB PRE-NATAL DIAGNOSTIC TECHNIQUE (CONTROL AND REGULATION) ACT, 1994 THE PUNJAB PRE-NATAL DIAGNOSTIC TECHNIQUE (CONTROL AND REGULATION) ACT, 1994 [Act No. 16 of 1994] [28th April 1994] PREAMBLE An Act to provide for the control and regulation of the medical or scientific tech niques of pre-natal diagnosis used solely for the purpose of detecting genetic or metabolic disorders or chromosomal abnormalities or certain congenital anomalies or sex-linked disorders and for the prevention of the misuse of these techniques for the purpose of pre-natal sex determination leading to female foeticide; and for matters connected therewith or incidental thereto. Re it enacted by the Legislature of State of Punjab in the Forty-fifth Year of the Republic of India as follows ." Section 1 - Short title, extent and commencement (1) This Act may be called the Punjab Pre-natal Diagnostic Techniques (Control and Regulation) Act. 1994. (2) It extends to the whole of the State of Punjab. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. Section 2 " Definitions In this Act. unless the context otherwise requires, ." (a).....

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

Title: Annexe

State: Central

Year: 1994

.....or Genetic Clinic after the commencement of this Act unless such Centre, Laboratory or Clinic is duly registered separately or jointly under this Act. Section 22 22. Prohibition of advertisement relating to pre-natal determination of sex and punishment for contravention (1) No person, Organisation, Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall issue or cause to be issued any advertisement in any manner regarding facilities of pre-natal determination of sex available at such Centre, Laboratory, Clinic or any other place. (2) No person or organisation shall publish or distribute or cause to be published or distributed any advertisement in any manner regarding facilities of pre-natal determination of sex available at any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other place. (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 other document.....

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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

..... [Act, No. 14 of 2003] [17th January, 2003] An Act further to amend the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994. BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-- 1. Short title and commencement (1) This Act may be called the Pre-natal Diagnostic Techniques (Regulation and Preventin of Misuse) Amendment Act, 2002. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. Substitution of long title In the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (57 of 1994) (hereinafter referred to as the principal Act), for the long title, the following long title shall be substituted, namely:-- "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 metabolic 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.....

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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

.....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 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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Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Section 4

Title: Regulation of Pre-natal Diagnostic Techniques

State: Central

Year: 1994

.....or physical deformities such as, spasticity or any othergenetic disease; (v)any other condition as may be specified by theBoard: Providedthat the person conducting ultrasonography on a pregnant woman shal keepcomplete record thereof 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).

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Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 Section 2

Title: Substitution of Long Title

State: Central

Year: 2002

In the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse)Act, 1994 (57 of 1994) (hereinafter referred to as the principal Act), for the long title, the following long title shall be substituted, namely:-- "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 metabolic 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.".

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