(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;
3 [(c) three members to be appointed by the Central Government to represent the Ministries of Central Government in charge of Women and Child Development, Department of Legal Affairs or Legislative Department in the Ministry of Law and Justice, and Indian System of Medicine and Homoeopathy, 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;
4 [(ii) eminent gynaecologist and obstetrician or expert of stri-roga or prasuti-tantra.]
(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.
(3. Subs. by s. 10, ibid., for clause (c) (w.e.f. 14-2-2003).
(4. Subs. by s. 10, ibid., for sub-clause (ii) (w.e.f. 14-2-2003).
(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: 1 ***
2 [Provided that the term of office of a member elected under clause (f) of sub-section (2) of section 7 shall come to an end as soon as the member becomes a Minister or Minister of State or Deputy Minister, or the Speaker or the Deputy Speaker of the House of the People, or the Deputy Chairman of the Council of States or ceases to be a member of the House from which she was elected; and]
(b) in case of appointment under clause (g) of the said sub-section, 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.
(1. The word “and” omitted by Act 32 of 2001, s.
(2 (w.e.f. 3-9-2001). 2. Ins. by s. 2, ibid. (w.e.f. 3-9-2001).
(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.
10. 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.
(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
(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.
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.
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
1 [(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 or with any sex selection technique.]
(1. Subs. by Act 14 of 2003, s. 11, for clause (f) (w.e.f. 14-2-2003).
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:
2 [Provided that no member other than an ex officio member shall be appointed for more than two consecutive terms.]
(2. Ins. by s. 12, ibid. (w.e.f. 3-9-2001).
The Board shall have the following functions, namely:—
(i) to advise the Central Government on policy matters relating 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.]
(3. Subs. by s. 13, ibid., for section 16 (w.e.f. 14-2-2003)
(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 the following functions:—
(i) to create public awareness against the practice of pre-conception sex selection and pre-natal determination of sex of the foetus leading to female foeticide in the State;
(ii) to review the activities of the Appropriate Authorities functioning in the State and recommend appropriate action against them;
(iii) to monitor the implementation of provisions of the Act and the rules and make suitable recommendations relating thereto, to the Board;
(iv) to send such consolidated reports as may be prescribed in respect of the various activities undertaken in the State under the Act to the Board and the Central Government; and
(v) any other functions as may be prescribed under the Act.
(2) The State Board shall consist of,—
(a) the Minister in charge of Health and Family Welfare in the State, who shall be the Chairperson, ex officio;
(b) Secretary in charge of the Department of Health and Family Welfare who shall be the Vice-Chairperson, ex officio;
(c) Secretaries or Commissioners in charge of Departments of Women and Child Development, Social Welfare, Law and Indian System of Medicines and Homoeopathy, ex officio, or their representatives;
(d) Director of Health and Family Welfare or Indian System of Medicines and Homoeopathy of the State Government, ex officio;
(e) three women members of Legislative Assembly or Legislative Council;
(f) ten members to be appointed by the State Government out of which two each shall be from the following categories,—
(i) eminent social scientists and legal experts;
(ii) eminent women activists from non- governmental organisations or otherwise;
(iii) eminent gynaecologists and obstetricians or experts of stri-roga or prasuti-tantra;
(iv) eminent paediatricians or medical geneticists; (v) eminent radiologists or sonologists;
(g) an officer not below the rank of Joint Director in charge of Family Welfare, who shall be the Member Secretary, ex officio.
(3) The State Board shall meet at least once in four months.
(4) The term of office of a member, other than an ex officio member, shall be three years.
(5) If a vacancy occurs in the office of any member other than an ex officio member, it shall be filled by making fresh appointment.
(6) If a member of the Legislative Assembly or member of the Legislative Council who is a member of the State Board, becomes Minister or Speaker or Deputy Speaker of the Legislative Assembly or Chairperson or Deputy Chairperson of the Legislative Council, she shall cease to be a member of the State Board.
(7) One-third of the total number of members of the State Board shall constitute the quorum.
(8) The State Board may co-opt a member as and when required, provided that the number of co-opted members does not exceed one-third of the total strength of the State Board.
(9) The co-opted members shall have the same powers and functions as other members, except the right to vote and shall abide by the rules and regulations.
(10) In respect of matters not specified in this section, the State Board shall follow procedures and conditions as are applicable to the Board.]
(1. Ins. by Act 14 of 2003, s. 14 (w.e.f. 14-2-2003).
