Amendment of section 23
The following Act of Parliament received the assent of the President on the 17th January, 2003, and is hereby published for general information :-
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 Counseling 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.”.
Substitution of new section for section 24
For section 24 of the principal Act, the following section shall be substituted, namely:-
Presumption in the case of conduct of pre-natal diagnostic techniques.
“24 Notwithstanding anything contained in the Indian Evidence Act, 1872, the court shall presume unless the contrary is proved that the pregnant woman was compelled by her husband or any other relative, as the case may be, to undergo pre-natal diagnostic technique for the purposes other than those specified in sub-section (2) of section 4 and such person shall be liable for abetment of offence under sub-section (3) of section 23 and shall be punishable for the offence specified under that section.”.
Amendment of section 28
In section 28 of the principal Act, in sub-section (1), in clause (b), for the words “thirty days”, the words “fifteen days” shall be substituted.
Amendment of section 30
In section 30 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:-
“(1) If the Appropriate Authority has reason to believe that an offence under this Act has been or is being committed at any Genetic Counseling Centre, Genetic Laboratory, Genetic Clinic or any other place, such Authority or any officer authorized in this behalf may, subject to such rules as may be prescribed, enter and search at all reasonable times with such assistance, if any, as such Authority or officer considers necessary, such Genetic Counseling Centre, Genetic Laboratory, Genetic Clinic or any other place and examine any record, register, document, book, pamphlet, advertisement or any other material object found therein and seize and seal the same if such Authority or officer has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act.”
Insertion of new section 31 A
After section 31 of the principal Act, the following section shall be inserted, namely:-
Removal of difficulties.
“31A. (1) If any difficulty arises in giving effect to the provisions of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse ) Amendment Act, 2002, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of the said Act as appear to it to be necessary or expedient for removing the difficulty:
Provided that no order shall be made under this section after the expiry of a period of three years from the date of commencement of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.”.
Amendment of section 32
In section 32, in sub-section (2),-
(i) for clause (i), the following clauses shall be substituted, namely:-
“(i) the minimum qualifications for persons employed at a registered Genetic Counseling Centre, Genetic Laboratory or Genetic Clinic under clause (2) of section 3;
(ia) the manner in which the person conducting ultrasonography on a pregnant woman shall keep record thereof in the Clinic under the proviso to sub-section (3) of section 4;”;
(ii) after clause (iv), the following clauses shall be inserted, namely:-
“(iva) code of conduct to be observed by persons working at Genetic Counseling Centres, Genetic Laboratories and Genetic Clinics to be laid down by the Central Supervisory Board under clause (iv) of section 16;
(ivb) the manner in which reports shall be furnished by the State and Union territory Supervisory Boards to the Board and the Central Government in respect of various activities undertaken in the State under the Act under clause (iv) of sub-section (1) of section 16A;
(ivc) empowering the Appropriate Authority in any other matter under clause (d) of section 17A;”.
Additional Secy. To the Govt. of India.