THE PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT, 1994

What is the short title of the Act enacted in 1994 relating to prohibition of sex selection?

The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

What is the Act number of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994?

Act No. 57 of 1994.

On what date was the Act enacted?

20th September, 1994.

In which year of the Republic of India was the Act enacted?

In the Forty-fifth Year of the Republic of India.

What is the primary object of the Act as stated in the Preamble?

To prohibit sex selection before or after conception and to regulate pre-natal diagnostic techniques.

For what medical purposes does the Act permit regulation of pre-natal diagnostic techniques?

For detecting genetic abnormalities, metabolic disorders, chromosomal abnormalities, certain congenital malformations or sex-linked disorders.

What misuse does the Act seek to prevent?

Misuse of pre-natal diagnostic techniques for sex determination leading to female foeticide.

Does the Act cover sex selection both before and after conception?

Yes, it prohibits sex selection before as well as after conception.

What is the scope of the Act beyond prohibition?

It includes matters connected therewith or incidental thereto.

Which legislative authority enacted the Act?

Parliament.

CHAPTER-I

PRELIMINARY

What does Section 1 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 1 deals with short title, extent and commencement of the Act.

What is the short title of the Act as per Section 1(1)?

The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

What is the territorial extent of the Act under Section 1(2)?

It extends to the whole of India.

How does the Act come into force under Section 1(3)?

It comes into force on such date as the Central Government may appoint by notification in the Official Gazette.

What does Section 2 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 2 deals with definitions under the Act.

What is meant by “Appropriate Authority” under Section 2(a)?

The Appropriate Authority appointed under Section 17.

What is meant by “Board” under Section 2(b)?

The Central Supervisory Board constituted under Section 7.

What is meant by “conceptus” under Section 2(ba)?

Any product of conception at any stage of development from fertilisation until birth including extra embryonic membranes as well as the embryo or foetus.

What is meant by “embryo” under Section 2(bb)?

A developing human organism after fertilisation till the end of eight weeks (fifty-six days).

What is meant by “foetus” under Section 2(bc)?

A human organism during development beginning on the fifty-seventh day following fertilisation or creation (excluding time of suspended development) and ending at birth.

What is a “Genetic Counselling Centre” under Section 2(c)?

An institute, hospital, nursing home or any place providing genetic counselling to patients.

What is a “Genetic Clinic” under Section 2(d)?

A clinic, institute, hospital, nursing home or any place used for conducting pre-natal diagnostic procedures.

What is included within “Genetic Clinic” as per the Explanation to Section 2(d)?

A vehicle where ultrasound or imaging machine or other equipment capable of determining sex of the foetus or selecting sex before conception is used.

What is a “Genetic Laboratory” under Section 2(e)?

A laboratory including a place where facilities are provided for conducting analysis or tests of samples received from a Genetic Clinic for pre-natal diagnostic test.

What is included within “Genetic Laboratory” as per the Explanation to Section 2(e)?

A place where ultrasound or imaging machine or other equipment capable of determining sex of the foetus or selecting sex before conception is used.

What is meant by “gynaecologist” under Section 2(f)?

A person possessing a post-graduate qualification in gynaecology and obstetrics.

What is meant by “medical geneticist” under Section 2(g)?

A person possessing a degree or diploma in genetic science in the fields of sex selection and pre-natal diagnostic techniques or having not less than two years’ experience in these fields after obtaining a recognised medical qualification or a post-graduate degree in biological sciences.

What is meant by “paediatrician” under Section 2(h)?

A person possessing a post-graduate qualification in paediatrics.

What are “pre-natal diagnostic procedures” under Section 2(i)?

All gynaecological, obstetrical or medical procedures such as ultrasonography, foetoscopy, or removal of samples of amniotic fluid, chorionic villi, embryo, blood or any other tissue or fluid before or after conception for analysis or pre-natal diagnostic tests for selection of sex.

What are “pre-natal diagnostic techniques” under Section 2(j)?

All pre-natal diagnostic procedures and pre-natal diagnostic tests.

What is a “pre-natal diagnostic test” under Section 2(k)?

Ultrasonography or any test or analysis of amniotic fluid, chorionic villi, blood or tissue of a pregnant woman or conceptus conducted to detect genetic or metabolic disorders, chromosomal abnormalities, congenital anomalies, haemoglobinopathies or sex-linked diseases.

What is meant by “prescribed” under Section 2(l)?

Prescribed by rules made under this Act.

Who is a “registered medical practitioner” under Section 2(m)?

A medical practitioner possessing a recognised medical qualification under the Indian Medical Council Act, 1956 and whose name is entered in a State Medical Register.

What are “regulations” under Section 2(n)?

Regulations framed by the Board under this Act.

What is meant by “sex selection” under Section 2(o)?

Any procedure, technique, test, administration or prescription intended to ensure or increase the probability that an embryo will be of a particular sex.

Who is a “sonologist or imaging specialist” under Section 2(p)?

A person possessing a recognised medical qualification under the Indian Medical Council Act, 1956 or a post-graduate qualification in ultrasonography, imaging techniques or radiology.

What is meant by “State Board” under Section 2(q)?

A State Supervisory Board or Union territory Supervisory Board constituted under Section 16A.

Who is the “State Government” in relation to a Union territory with Legislature under Section 2(r)?

The Administrator of that Union territory appointed by the President under Article 239 of the Constitution.

CHAPTER-II

REGULATION OF GENETIC COUNSELLING CENTRES, GENETIC LABORATORIES AND GENETIC CLINICS

What does Section 3 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 3 deals with regulation of Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics.

What is prohibited under Section 3(1)?

No Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall conduct or associate with or help in conducting activities relating to pre-natal diagnostic techniques unless registered under the Act.

What restriction is imposed under Section 3(2)?

No Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall employ or take services of any person who does not possess the prescribed qualifications.

What is prohibited under Section 3(3)?

No medical geneticist, gynaecologist, paediatrician, registered medical practitioner or any other person shall conduct or aid in conducting any pre-natal diagnostic techniques at a place other than a place registered under the Act.

Is registration mandatory for conducting pre-natal diagnostic techniques under Section 3?

Yes, registration under the Act is mandatory.

Can unqualified persons be employed by registered centres under Section 3(2)?

No, only persons possessing prescribed qualifications may be employed or engaged.

What does Section 3A of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 3A deals with prohibition of sex selection.

What is prohibited under Section 3A?

No person shall conduct or cause to be conducted or aid in conducting sex selection.

Does Section 3A apply to specialists in infertility?

Yes, it applies to any person including a specialist or a team of specialists in the field of infertility.

On whom is sex selection prohibited under Section 3A?

On a woman or a man or both.

Does the prohibition under Section 3A extend to tissues, embryo, conceptus, fluid or gametes?

Yes, it extends to any tissue, embryo, conceptus, fluid or gametes derived from either or both.

Is aiding or assisting in sex selection also prohibited under Section 3A?

Yes, conducting, causing to be conducted or aiding in conducting sex selection is prohibited.

What does Section 3B of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 3B deals with prohibition on sale of ultrasound and similar equipment to unregistered persons or centres.

What is prohibited under Section 3B?

No person shall sell any ultrasound machine, imaging machine, scanner or any other equipment capable of detecting sex of the foetus to any person or centre not registered under the Act.

To whom is sale prohibited under Section 3B?

To any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act.

Does Section 3B apply only to ultrasound machines?

No, it applies to ultrasound machines, imaging machines, scanners and any other equipment capable of detecting sex of the foetus.

Is registration under the Act mandatory for purchasing such equipment?

Yes, only persons or centres registered under the Act may lawfully purchase such equipment.

CHAPTER-III

REGULATION OF PRE-NATAL DIAGNOSTIC TECHNIQUES

What does Section 4 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 4 deals with regulation of pre-natal diagnostic techniques.

What restriction is imposed under Section 4(1)?

No place including a registered Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall be used for conducting pre-natal diagnostic techniques except for specified purposes and after satisfying prescribed conditions.

Are registered centres exempt from restrictions under Section 4(1)?

No, even registered centres can conduct pre-natal diagnostic techniques only for specified purposes and after fulfilling conditions.

For what purposes may pre-natal diagnostic techniques be conducted under Section 4(2)?

Only for detection of specified abnormalities.

What abnormalities are listed under Section 4(2)(i) to (v)?

Chromosomal abnormalities, genetic metabolic diseases, haemoglobinopathies, sex-linked genetic diseases and congenital anomalies.

Can additional abnormalities be included under Section 4(2)?

Yes, any other abnormalities or diseases as may be specified by the Central Supervisory Board.

Is use of pre-natal diagnostic techniques permitted for purposes other than those specified under Section 4(2)?

No, it is restricted strictly to the specified purposes.

Under what conditions can pre-natal diagnostic techniques be conducted under Section 4(3)?

Only when a qualified person is satisfied for reasons recorded in writing that any of the specified conditions are fulfilled.

What is the first condition under Section 4(3)(i)?

The age of the pregnant woman is above thirty-five years.

What is the condition under Section 4(3)(ii)?

The pregnant woman has undergone two or more spontaneous abortions or foetal loss.

What is provided under Section 4(3)(iii)?

The pregnant woman has been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals.

What is provided under Section 4(3)(iv)?

The pregnant woman or her spouse has a family history of mental retardation, physical deformities or any genetic disease.

Can additional conditions be specified under Section 4(3)(v)?

Yes, any other condition as may be specified by the Board.

What obligation is imposed under the proviso to Section 4(3)?

The person conducting ultrasonography must keep complete records in the prescribed manner.

What is the consequence of deficiency or inaccuracy in record under Section 4(3) proviso?

It shall amount to contravention of Section 5 or Section 6 unless the contrary is proved.

What is prohibited under Section 4(4)?

No person including a relative or husband shall seek or encourage pre-natal diagnostic techniques except for purposes specified in Section 4(2).

What is prohibited under Section 4(5)?

No person including a relative or husband shall seek or encourage the conduct of any sex selection technique.

What does Section 5 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 5 deals with written consent of the pregnant woman and prohibition of communicating the sex of the foetus.

What is the first requirement under Section 5(1)(a)?

The person must explain all known side and after effects of the procedures to the pregnant woman.

What is required under Section 5(1)(b)?

The person must obtain the pregnant woman’s written consent in the prescribed form and in a language she understands.

What is required under Section 5(1)(c)?

A copy of the written consent must be given to the pregnant woman.

Is written consent mandatory before conducting pre-natal diagnostic procedures?

Yes, written consent in prescribed form is mandatory.

What is prohibited under Section 5(2)?

No person shall communicate the sex of the foetus to the pregnant woman, her relatives or any other person.

Does the prohibition under Section 5(2) apply only to verbal communication?

No, it applies to communication by words, signs or in any other manner.

Does Section 5(2) apply to the person conducting the procedure as well?

Yes, it includes the person conducting the pre-natal diagnostic procedures.

What does Section 6 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 6 deals with prohibition of determination of sex.

What is prohibited under Section 6(a)?

No Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall conduct or cause to be conducted pre-natal diagnostic techniques including ultrasonography for determining the sex of a foetus.

What is prohibited under Section 6(b)?

No person shall conduct or cause to be conducted any pre-natal diagnostic techniques including ultrasonography for determining the sex of a foetus.

What additional prohibition is provided under Section 6(c)?

No person shall by any means cause or allow to be caused selection of sex before or after conception.

CHAPTER-IV

CENTRAL SUPERVISORY BOARD

What does Section 7 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 7 deals with constitution of the Central Supervisory Board.

Who constitutes the Central Supervisory Board under Section 7(1)?

The Central Government.

What is the purpose of constituting the Central Supervisory Board?

To exercise powers and perform functions conferred under the Act.

Who is the Chairman of the Central Supervisory Board under Section 7(2)(a)?

The Minister in charge of the Ministry or Department of Family Welfare, ex officio.

Who is the Vice-Chairman under Section 7(2)(b)?

The Secretary to the Government of India in charge of the Department of Family Welfare, ex officio.

Which Ministries are represented under Section 7(2)(c)?

Ministries 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.

Who is included under Section 7(2)(d)?

The Director General of Health Services of the Central Government, ex officio.

How many expert members are appointed under Section 7(2)(e) and from which categories?

Ten members, two each from eminent medical geneticists, eminent gynaecologists and obstetricians or experts of stri-roga or prasuti-tantra, eminent paediatricians, eminent social scientists and representatives of women welfare organisations.

How are Members of Parliament represented under Section 7(2)(f)?

Three women MPs, two elected by the House of the People and one by the Council of States.

How are States and Union territories represented under Section 7(2)(g)?

Four members appointed by rotation representing States and Union territories in alphabetical and reverse alphabetical order on recommendation of the respective Government.

Who acts as the Member-Secretary under Section 7(2)(h)?

An officer not below the rank of Joint Secretary or equivalent in charge of Family Welfare, ex officio.

What does Section 8 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 8 deals with the term of office of members of the Central Supervisory Board.

What is the term of office of members appointed under Section 7(2)(e)?

Three years.

What is the term of office of members elected under Section 7(2)(f)?

Three years, subject to earlier cessation as provided.

When does the term of a member elected under Section 7(2)(f) come to an end?

When she becomes a Minister or Minister of State or Deputy Minister, or Speaker or Deputy Speaker of the House of the People, or Deputy Chairman of the Council of States, or ceases to be a member of the House from which she was elected.

What is the term of office of members appointed under Section 7(2)(g)?

One year.

How is a casual vacancy in membership filled under Section 8(2)?

By fresh appointment by the Central Government.

For how long does a member appointed to fill a casual vacancy hold office?

For the remainder of the term of the member in whose place he is appointed.

What functions does the Vice-Chairman perform under Section 8(3)?

Such functions as may be assigned by the Chairman from time to time.

How is the procedure for discharge of functions by members determined under Section 8(4)?

As may be prescribed.

What does Section 9 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 9 deals with meetings of the Central Supervisory Board.

How are the time, place and procedure of meetings determined under Section 9(1)?

As provided by regulations including quorum requirements.

What is the minimum frequency of meetings under Section 9(1)?

The Board shall meet at least once in six months.

Who presides over meetings of the Board under Section 9(2)?

The Chairman, and in his absence, the Vice-Chairman.

Who presides if both the Chairman and Vice-Chairman are absent under Section 9(3)?

A member chosen by the members present at the meeting.

How are decisions taken at meetings under Section 9(4)?

By majority of votes of members present and voting.

Who exercises a casting vote in case of equality of votes under Section 9(4)?

The Chairman or, in his absence, the person presiding.

Are members entitled to allowances under Section 9(5)?

Yes, members other than ex officio members shall receive such allowances as may be prescribed.

What does Section 10 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 10 deals with validity of proceedings of the Board despite vacancies or defects.

Does vacancy in the Board invalidate its proceedings under Section 10(a)?

No, no act or proceeding shall be invalid merely by reason of any vacancy in the Board.

Does defect in constitution of the Board invalidate proceedings under Section 10(a)?

No, defect in constitution does not invalidate proceedings.

Does defect in appointment of a member invalidate proceedings under Section 10(b)?

No, defect in appointment does not invalidate proceedings.

Does procedural irregularity invalidate proceedings under Section 10(c)?

No, unless such irregularity affects the merits of the case.

What is the overall object of Section 10?

To protect acts and proceedings of the Board from being invalidated on technical grounds.

What does Section 11 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 11 deals with temporary association of persons with the Board for particular purposes.

What power is conferred on the Board under Section 11(1)?

The Board may associate with itself any person whose assistance or advice it desires for carrying out provisions of the Act.

How are the manner and purposes of such association determined under Section 11(1)?

As may be determined by regulations.

Does a person associated under Section 11(2) have voting rights?

No, such person has no right to vote at meetings of the Board.

What rights does an associated person have under Section 11(2)?

The right to take part in discussions relevant to the purpose for which he is associated.

Does association under Section 11(2) make the person a member of the Board?

No, he shall not be deemed to be a member for any other purpose.

What does Section 12 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 12 deals with appointment of officers and other employees of the Board.

What power is conferred on the Board under Section 12(1)?

The Board may appoint such number of officers and other employees as it considers necessary to discharge its functions.

How may officers and employees be appointed under Section 12(1)?

Whether on deputation or otherwise, subject to regulations.

Is Central Government approval required for certain appointments under Section 12(1)?

Yes, appointment of such categories of officers as specified in regulations requires approval of the Central Government.

Under what authority are appointments made under Section 12(1)?

Subject to regulations made in this behalf.

What governs the conditions of service of officers and employees under Section 12(2)?

Conditions of service shall be as specified in the regulations.

How is remuneration of officers and employees determined under Section 12(2)?

It shall be as specified in the regulations.

What does Section 13 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 13 deals with authentication of orders and other instruments of the Board.

How are orders and decisions of the Board authenticated under Section 13?

By the signature of the Chairman or any other member authorised by the Board.

How are other instruments issued by the Board authenticated under Section 13?

By the signature of the Member-Secretary or any other officer authorised by the Board.

Can a member other than the Chairman authenticate orders?

Yes, if authorised by the Board.

Can an officer other than the Member-Secretary authenticate instruments?

Yes, if authorised in like manner by the Board.

What is the purpose of Section 13?

To prescribe the manner of authentication of orders, decisions and instruments of the Board.

What does Section 14 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 14 deals with disqualifications for appointment as a member of the Board.

Is a person convicted of an offence involving moral turpitude eligible for appointment under Section 14(a)?

No, a person convicted and sentenced to imprisonment for an offence involving moral turpitude is disqualified.

Is an undischarged insolvent eligible for appointment under Section 14(b)?

No, an undischarged insolvent is disqualified.

Is a person of unsound mind eligible under Section 14(c)?

No, if declared of unsound mind by a competent court, he is disqualified.

Is a person removed or dismissed from Government service eligible under Section 14(d)?

No, such person is disqualified.

Can financial or other interest in the Board lead to disqualification under Section 14(e)?

Yes, if in the opinion of the Central Government such interest is likely to prejudicially affect discharge of functions.

Is association with sex determination or sex selection techniques a ground of disqualification under Section 14(f)?

Yes, if in the opinion of the Central Government the person has been associated with use or promotion of such techniques.

Who forms the opinion regarding moral turpitude, financial interest or association under Section 14?

The Central Government.

What does Section 15 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 15 deals with eligibility of a member for reappointment.

Is a person who ceases to be a member eligible for reappointment under Section 15?

Yes, subject to prescribed terms and conditions of service.

Does Section 15 impose any limitation on reappointment?

Yes, a member other than an ex officio member shall not be appointed for more than two consecutive terms.

Are ex officio members subject to the two consecutive term limit under Section 15?

No, the limitation applies only to members other than ex officio members.

What governs the terms and conditions of reappointment under Section 15?

Such terms and conditions as may be prescribed.

What does Section 16 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 16 deals with functions of the Central Supervisory Board.

What advisory function is assigned to the Board under Section 16(i)?

To advise the Central Government on policy matters relating to use and misuse of pre-natal diagnostic techniques and sex selection techniques.

What monitoring function is assigned under Section 16(ii)?

To review and monitor implementation of the Act and rules and recommend changes to the Central Government.

What awareness function is assigned under Section 16(iii)?

To create public awareness against pre-conception sex selection and pre-natal determination of sex leading to female foeticide.

What regulatory function is assigned under Section 16(iv)?

To lay down code of conduct for persons working at Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics.

What supervisory function is assigned under Section 16(v)?

To oversee performance of various bodies constituted under the Act and ensure proper and effective implementation.

Does the Board have any residual functions under Section 16(vi)?

Yes, any other functions as may be prescribed under the Act.

What does Section 16A of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 16A deals with constitution and functions of State Supervisory Board and Union Territory Supervisory Board.

Who is required to constitute a State Supervisory Board under Section 16A(1)?

Each State and Union Territory having Legislature.

What is the primary objective of the State Supervisory Board under Section 16A(1)(i)?

To create public awareness against pre-conception sex selection and pre-natal sex determination leading to female foeticide.

What is the function of the Board under Section 16A(1)(ii)?

To review activities of Appropriate Authorities and recommend appropriate action.

What is the function under Section 16A(1)(iii)?

To monitor implementation of the Act and rules and recommend suitable changes to the Board.

What is required under Section 16A(1)(iv)?

To send consolidated reports of activities undertaken in the State to the Board and Central Government.

Does Section 16A(1)(v) provide residual functions?

Yes, it includes any other functions as may be prescribed under the Act.

What does Section 16A(2) of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 16A(2) deals with the composition of the State Supervisory Board.

Who is the Chairperson of the State Supervisory Board under Section 16A(2)(a)?

The Minister in charge of Health and Family Welfare in the State, ex officio.

Who is the Vice-Chairperson under Section 16A(2)(b)?

The Secretary in charge of the Department of Health and Family Welfare, ex officio.

Which Secretaries or Commissioners are included under Section 16A(2)(c)?

Those in charge of Women and Child Development, Social Welfare, Law and Indian System of Medicines and Homoeopathy, or their representatives.

Who is included under Section 16A(2)(d)?

The Director of Health and Family Welfare or Indian System of Medicines and Homoeopathy of the State Government, ex officio.

How are legislators represented under Section 16A(2)(e)?

Three women members of the Legislative Assembly or Legislative Council.

How many expert members are appointed under Section 16A(2)(f)?

Ten members appointed by the State Government.

From which categories are the ten members appointed under Section 16A(2)(f)?

Two each from eminent social scientists and legal experts, eminent women activists, eminent gynaecologists and obstetricians or experts of stri-roga or prasuti-tantra, eminent paediatricians or medical geneticists, and eminent radiologists or sonologists.

Who acts as the Member Secretary under Section 16A(2)(g)?

An officer not below the rank of Joint Director in charge of Family Welfare, ex officio.

How often must the State Supervisory Board meet under Section 16A(3)?

The State Board shall meet at least once in four months.

What is the term of office of non-ex officio members under Section 16A(4)?

Three years.

How is a vacancy of a non-ex officio member filled under Section 16A(5)?

By making a fresh appointment.

When does a legislator member cease to be a member of the State Board under Section 16A(6)?

When she becomes a Minister or Speaker or Deputy Speaker of the Legislative Assembly or Chairperson or Deputy Chairperson of the Legislative Council.

What constitutes quorum under Section 16A(7)?

One-third of the total number of members of the State Board.

Does the State Board have power to co-opt members under Section 16A(8)?

Yes, it may co-opt members as required.

What is the limit on number of co-opted members under Section 16A(8)?

Not exceeding one-third of the total strength of the State Board.

Do co-opted members have voting rights under Section 16A(9)?

No, they do not have the right to vote.

What powers do co-opted members have under Section 16A(9)?

They have the same powers and functions as other members except the right to vote.

What procedure applies to matters not specified in Section 16A under sub-section (10)?

The State Board shall follow procedures and conditions applicable to the Central Supervisory Board.

CHAPTER-V

APPROPRIATE AUTHORITY AND ADVISORY COMMITTEE

What does Section 17 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 17 deals with appointment of Appropriate Authority and constitution thereof.

Who appoints Appropriate Authorities for Union territories under Section 17(1)?

The Central Government by notification in the Official Gazette.

Who appoints Appropriate Authorities for a State under Section 17(2)?

The State Government by notification in the Official Gazette.

For what area may the State Government appoint Appropriate Authorities under Section 17(2)?

For the whole or any part of the State.

What factor must be considered while appointing Appropriate Authorities under Section 17(2)?

The intensity of the problem of pre-natal sex determination leading to female foeticide.

How is the Appropriate Authority constituted when appointed for the whole State or Union territory under Section 17(3)(a)?

As a three-member body.

Who is the Chairperson of the multi-member Appropriate Authority under Section 17(3)(a)(i)?

An officer of or above the rank of Joint Director of Health and Family Welfare.

Who are the other two members under Section 17(3)(a)?

An eminent woman representing a women’s organisation and an officer of the Law Department of the State or Union territory.

What is the time limit for constituting multi-member Appropriate Authority under the proviso to Section 17(3)(a)?

Within three months of the coming into force of the 2002 Amendment Act.

What is the time limit for filling vacancies under the second proviso to Section 17(3)(a)?

Within three months of occurrence of vacancy.

How may Appropriate Authority be appointed for part of a State or Union territory under Section 17(3)(b)?

Of such rank as the State Government or Central Government may deem fit.

What functions are assigned to the Appropriate Authority under Section 17(4)?

The Appropriate Authority performs regulatory, supervisory, investigative and enforcement functions under the Act.

What power is conferred under Section 17(4)(a)?

To grant, suspend or cancel registration of Genetic Counselling Centres, Genetic Laboratories or Genetic Clinics.

What duty is imposed under Section 17(4)(b)?

To enforce standards prescribed for Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics.

What function is assigned under Section 17(4)(c)?

To investigate complaints of breach of the Act or rules and take immediate action.

What is provided under Section 17(4)(d)?

To seek and consider advice of the Advisory Committee on applications for registration and complaints for suspension or cancellation.

What power is provided under Section 17(4)(e)?

To take legal action against use of sex selection techniques and initiate independent investigations.

What awareness function is assigned under Section 17(4)(f)?

To create public awareness against sex selection or pre-natal determination of sex.

What supervisory role is assigned under Section 17(4)(g)?

To supervise implementation of provisions of the Act and rules.

What recommendatory function is provided under Section 17(4)(h)?

To recommend modifications in rules to the Board and State Boards in light of technological or social changes.

What is provided under Section 17(4)(i)?

To take action on recommendations of the Advisory Committee after investigation of complaints for suspension or cancellation of registration.

What is required under Section 17(5)?

Constitution of an Advisory Committee for each Appropriate Authority.

Who constitutes the Advisory Committee under Section 17(5)?

The Central Government or the State Government, as the case may be.

What is the role of the Advisory Committee under Section 17(5)?

To aid and advise the Appropriate Authority in discharge of its functions.

Who appoints the Chairman of the Advisory Committee under Section 17(5)?

The Government constituting the Committee shall appoint one member as Chairman.

What does Section 17(6) of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 17(6) deals with composition of the Advisory Committee.

Who are included as medical experts under Section 17(6)(a)?

Three medical experts from amongst gynaecologists, obstetricians, paediatricians and medical geneticists.

Who is included under Section 17(6)(b)?

One legal expert.

Who represents the department of information and publicity under Section 17(6)(c)?

One officer representing the department dealing with information and publicity of the State Government or Union territory.

Who are included under Section 17(6)(d)?

Three eminent social workers, at least one from women’s organisations.

Who is disqualified from appointment under Section 17(7)?

Any person associated with use or promotion of pre-natal diagnostic techniques for sex determination or sex selection.

When may the Advisory Committee meet under Section 17(8)?

As and when it thinks fit or on request of the Appropriate Authority.

For what purposes does the Advisory Committee meet under Section 17(8)?

To consider applications for registration or complaints for suspension or cancellation of registration and give advice.

Is there a limitation on interval between meetings under Section 17(8)?

Yes, the period between two meetings shall not exceed the prescribed period.

What governs the terms, conditions and procedure of the Advisory Committee under Section 17(9)?

As may be prescribed.

What does Section 17A of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 17A deals with powers of the Appropriate Authority.

What power is conferred under Section 17A(a)?

To summon any person in possession of information relating to violation of the Act or rules.

What power is provided under Section 17A(b)?

To require production of any document or material object relating to such violation.

What power is conferred under Section 17A(c)?

To issue search warrant for any place suspected of indulging in sex selection techniques or pre-natal sex determination.

Does Section 17A provide any residual powers?

Yes, the Appropriate Authority may exercise any other powers as may be prescribed.

Are the powers under Section 17A related to enforcement of the Act?

Yes, they relate to investigation and enforcement concerning violations of the Act.

CHAPTER-VI

REGISTRATION OF GENETIC COUNSELLING CENTRES, GENETIC LABORATORIES AND GENETIC CLINICS

What does Section 18 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 18 deals with registration of Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics.

Is registration mandatory for opening a Genetic Counselling Centre, Laboratory or Clinic under Section 18(1)?

Yes, no such centre, laboratory or clinic shall be opened or services rendered unless duly registered under the Act.

Does Section 18(1) apply to centres having ultrasound or imaging machines capable of sex determination?

Yes, it includes any clinic, laboratory or centre having ultrasound, imaging machine, scanner or any technology capable of sex determination or sex selection.

To whom must an application for registration be made under Section 18(2)?

To the Appropriate Authority.

In what manner must application for registration be made under Section 18(2)?

In such form, manner and with such fees as may be prescribed.

What is the time limit for existing centres to apply for registration under Section 18(3)?

Within sixty days from commencement of the Act.

What happens if a centre does not obtain registration under Section 18(4)?

It shall cease to conduct counselling or pre-natal diagnostic techniques after six months from commencement unless registered or until its application is disposed of, whichever is earlier.

On what basis may registration be granted under Section 18(5)?

Only if the Appropriate Authority is satisfied that the centre provides prescribed facilities, maintains equipment and standards as prescribed.

What does Section 19 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 19 deals with grant, rejection, renewal and display of certificate of registration.

Under what conditions is certificate of registration granted under Section 19(1)?

After inquiry, satisfaction of compliance with the Act and rules, and having regard to advice of the Advisory Committee.

In what form is certificate of registration granted under Section 19(1)?

In the prescribed form, jointly or separately to the Centre, Laboratory or Clinic.

When can an application for registration be rejected under Section 19(2)?

When the Appropriate Authority is satisfied that the applicant has not complied with the Act or rules.

Is opportunity of hearing required before rejection under Section 19(2)?

Yes, the applicant must be given an opportunity of being heard.

Must reasons be recorded for rejection under Section 19(2)?

Yes, reasons must be recorded in writing.

How is renewal of certificate governed under Section 19(3)?

In such manner, after such period and on payment of such fees as may be prescribed.

What is the obligation regarding display of certificate under Section 19(4)?

The certificate must be displayed in a conspicuous place at the place of business.

What does Section 20 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 20 deals with cancellation or suspension of registration of Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics.

Can the Appropriate Authority initiate action under Section 20(1) on its own motion?

Yes, it may act suo motu or on complaint.

What is the first step required under Section 20(1)?

Issuing a show cause notice stating reasons for proposed suspension or cancellation.

Is opportunity of hearing mandatory under Section 20(2)?

Yes, reasonable opportunity of being heard must be given.

Can registration be suspended or cancelled for breach of the Act or rules under Section 20(2)?

Yes, if breach is established after inquiry and consideration of advice of the Advisory Committee.

Does suspension or cancellation under Section 20(2) bar criminal proceedings?

No, it is without prejudice to any criminal action.

Can registration be suspended without notice under Section 20(3)?

Yes, in public interest and for reasons recorded in writing.

What is required if suspension is ordered without notice under Section 20(3)?

The Appropriate Authority must record reasons in writing.

What does Section 21 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 21 deals with appeal against order of suspension or cancellation of registration.

Who can file an appeal under Section 21?

A Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic.

Within what time must appeal be filed under Section 21?

Within thirty days from the date of receipt of the order.

Against which orders can appeal be filed under Section 21?

Orders of suspension or cancellation of registration passed under Section 20.

To whom does appeal lie when order is passed by the Central Appropriate Authority?

To the Central Government.

To whom does appeal lie when order is passed by the State Appropriate Authority?

To the State Government.

In what manner is appeal to be preferred under Section 21?

In the prescribed manner.

CHAPTER-VII

OFFENCES AND PENALTIES

What does Section 22 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 22 deals with prohibition of advertisement relating to pre-conception and pre-natal sex determination and punishment for contravention.

What is prohibited under Section 22(1)?

No person or organisation or Genetic Counselling Centre, Laboratory or Clinic shall issue or communicate any advertisement regarding facilities of pre-natal sex determination or sex selection.

Does Section 22(1) apply to centres having ultrasound or imaging machines?

Yes, it includes centres having ultrasound machines, imaging machines, scanners or any technology capable of sex determination or sex selection.

Does the prohibition under Section 22(1) include internet advertisements?

Yes, it applies to advertisement in any form including internet.

What is prohibited under Section 22(2)?

No person or organisation shall advertise pre-natal determination or pre-conception sex selection by any means whatsoever.

What is the punishment for contravention under Section 22(3)?

Imprisonment up to three years and fine up to ten thousand rupees.

Is both imprisonment and fine possible under Section 22(3)?

Yes, the offender may be punished with imprisonment and fine.

What does the Explanation to Section 22 define?

It defines the meaning of the term “advertisement” for the purposes of Section 22.

Does “advertisement” include notices and circulars under Section 22 Explanation?

Yes, it includes any notice, circular, label, wrapper or other document.

Does the definition of advertisement include internet publication?

Yes, it includes advertisement through internet or any other electronic or print media.

Does “advertisement” include visible representations?

Yes, it includes visible representations made by hoarding, wall-painting, signal, light, sound, smoke or gas.

Is the definition of advertisement under Section 22 wide in scope?

Yes, it covers electronic, print and visual forms of communication.

What does Section 23 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 23 deals with offences and penalties under the Act.

Who is liable for punishment under Section 23(1)?

Any medical geneticist, gynaecologist, registered medical practitioner, owner or employee of a Genetic Counselling Centre, Laboratory or Clinic who contravenes the Act or rules.

What is the punishment for first offence under Section 23(1)?

Imprisonment up to three years and fine up to ten thousand rupees.

What is the punishment for subsequent conviction under Section 23(1)?

Imprisonment up to five years and fine up to fifty thousand rupees.

Does Section 23(1) apply to persons rendering services on honorary basis?

Yes, it applies whether services are rendered on honorary basis or otherwise.

What action must be taken against a registered medical practitioner under Section 23(2) when charges are framed?

The Appropriate Authority shall report the name to the State Medical Council for suspension of registration till disposal of the case.

What is the consequence on conviction for first offence under Section 23(2)?

Removal of the name from the register of the State Medical Council for five years.

What is the consequence on conviction for subsequent offence under Section 23(2)?

Permanent removal of the name from the register of the State Medical Council.

Who is punishable under Section 23(3) of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994?

Any person who seeks the aid of a centre, clinic or medical professional for sex selection or for conducting pre-natal diagnostic techniques for purposes other than those specified in Section 4(2).

What is the punishment for first offence under Section 23(3)?

Imprisonment up to three years and fine up to fifty thousand rupees.

What is the punishment for subsequent offence under Section 23(3)?

Imprisonment up to five years and fine up to one lakh rupees.

Does Section 23(3) apply to persons seeking services of ultrasound or imaging clinics for sex selection?

Yes, it applies to seeking aid of ultrasound or imaging clinics or specified medical professionals.

Does Section 23(4) provide any exception?

Yes, it provides that the provisions of Section 23(3) shall not apply to a woman who was compelled to undergo such diagnostic techniques or sex selection.

Is a woman compelled to undergo sex selection punishable under Section 23(3)?

No, she is exempt under Section 23(4).

What does Section 24 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 24 deals with presumption regarding compulsion of a pregnant woman to undergo pre-natal diagnostic techniques.

Does Section 24 override the Indian Evidence Act, 1872?

Yes, it operates notwithstanding anything contained in the Indian Evidence Act, 1872.

What presumption is created under Section 24?

The court shall presume that the pregnant woman was compelled by her husband or any other relative to undergo pre-natal diagnostic technique for purposes other than those specified in Section 4(2), unless the contrary is proved.

Who is deemed liable under Section 24?

The husband or relative who compelled the woman shall be liable for abetment of offence under Section 23(3).

What punishment applies to the person presumed liable under Section 24?

Punishment as specified under Section 23(3).

Is the presumption under Section 24 rebuttable?

Yes, it applies unless the contrary is proved.

What does Section 25 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 25 provides penalty for contravention of provisions of the Act or rules where no specific punishment is provided elsewhere.

When does Section 25 become applicable?

When any provision of the Act or rules is contravened and no specific penalty is provided in the Act.

What is the punishment for first contravention under Section 25?

Imprisonment up to three months or fine up to one thousand rupees or both.

What is the penalty for continuing contravention under Section 25?

An additional fine up to five hundred rupees for every day during which the contravention continues after conviction.

Does Section 25 apply only after conviction?

The additional daily fine applies after conviction for the first contravention.

Is imprisonment mandatory under Section 25?

No, the punishment may be imprisonment or fine or both.

What does Section 26 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 26 deals with offences committed by companies.

Who is deemed guilty under Section 26(1) when a company commits an offence?

Every person in charge of and responsible for the conduct of the business of the company, as well as the company itself.

What defence is available under the proviso to Section 26(1)?

The person may prove that the offence was committed without his knowledge or that he exercised due diligence to prevent it.

When does Section 26(2) apply?

When the offence is committed with consent, connivance or neglect of a director, manager, secretary or other officer.

Who is liable under Section 26(2)?

The director, manager, secretary or other officer whose consent, connivance or neglect led to the offence.

What is meant by “company” under the Explanation to Section 26?

Any body corporate and includes a firm or other association of individuals.

Who is a “director” in relation to a firm under Section 26?

A partner in the firm.

Does Section 26 create vicarious liability?

Yes, it deems responsible persons to be guilty along with the company.

What does Section 27 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 27 declares the nature of offences under the Act.

How are offences under the Act classified under Section 27?

Every offence under the Act is cognizable, non-bailable and non-compoundable.

What does Section 28 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 28 deals with cognizance and trial of offences under the Act.

On whose complaint can a court take cognizance under Section 28(1)(a)?

On a complaint made by the Appropriate Authority or an officer authorised by the Central Government, State Government or Appropriate Authority.

Can a private person file a complaint under Section 28(1)(b)?

Yes, after giving not less than fifteen days’ notice in the prescribed manner to the Appropriate Authority.

What does “person” include under the Explanation to Section 28?

It includes a social organisation.

Which court is competent to try offences under Section 28(2)?

Only a Metropolitan Magistrate or a Judicial Magistrate of the first class.

Can any other court try offences under the Act?

No, only the specified Magistrates can try offences.

What right is given to a complainant under Section 28(3)?

The court may direct the Appropriate Authority to provide copies of relevant records to the complainant on demand.

CHAPTER-VIII

MISCELLANEOUS

What does Section 29 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 29 deals with maintenance and preservation of records.

For how long must records be preserved under Section 29(1)?

For a period of two years or such period as may be prescribed.

What happens to records if criminal or other proceedings are instituted under Section 29 proviso?

Records shall be preserved till final disposal of such proceedings.

What types of documents are required to be preserved under Section 29(1)?

Records, charts, forms, reports, consent letters and all other documents required under the Act and rules.

Are such records subject to inspection under Section 29(2)?

Yes, they must be made available for inspection at all reasonable times.

Who may inspect the records under Section 29(2)?

The Appropriate Authority or any person authorised by it.

What does Section 30 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 30 deals with power of Appropriate Authority to search and seize records and materials.

When can the Appropriate Authority exercise powers under Section 30(1)?

When it has reason to believe that an offence under the Act has been or is being committed.

Where can search be conducted under Section 30(1)?

At any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other place.

What materials may be examined under Section 30(1)?

Any record, register, document, book, pamphlet, advertisement or other material object.

What action can be taken if evidence is suspected under Section 30(1)?

The Authority may seize and seal the material if it may furnish evidence of an offence.

Can the Appropriate Authority take assistance during search under Section 30(1)?

Yes, with such assistance as considered necessary.

Do provisions of the Code of Criminal Procedure apply to searches under Section 30(2)?

Yes, provisions relating to searches and seizures apply so far as may be.

What does Section 31 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 31 deals with protection of actions taken in good faith under the Act.

Against whom is protection granted under Section 31?

The Central Government, State Government, Appropriate Authority and authorised officers.

What type of actions are protected under Section 31?

Actions done or intended to be done in good faith in pursuance of the Act.

Can a suit or prosecution lie for acts done in good faith under Section 31?

No, no suit, prosecution or other legal proceeding shall lie.

Is the protection under Section 31 absolute?

It applies only to actions done or intended to be done in good faith under the Act.

What does Section 31A of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 31A deals with removal of difficulties arising from the 2002 Amendment Act.

Who is empowered to remove difficulties under Section 31A(1)?

The Central Government.

In what manner can the Central Government remove difficulties under Section 31A(1)?

By order published in the Official Gazette.

What limitation is imposed on the power under Section 31A(1)?

No order shall be made after three years from the commencement of the 2002 Amendment Act.

Must the order under Section 31A be consistent with the Act?

Yes, it must not be inconsistent with the provisions of the Act.

What is required after an order is made under Section 31A(2)?

The order shall be laid before each House of Parliament.

What does Section 32 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 32 deals with power of the Central Government to make rules.

Who has the power to make rules under Section 32(1)?

The Central Government.

For what purpose can rules be made under Section 32(1)?

For carrying out the provisions of the Act.

Can rules prescribe minimum qualifications under Section 32(2)(i)?

Yes, for persons employed at registered Genetic Counselling Centres, Laboratories or Clinics.

Can rules prescribe the manner of maintaining ultrasonography records?

Yes, under clause (ia) relating to Section 4(3).

Can rules prescribe the form of consent of a pregnant woman?

Yes, under clause (ii) relating to Section 5.

Can rules regulate procedure of the Central Supervisory Board?

Yes, under clause (iii) relating to Section 8(4).

Can rules provide allowances for non ex officio members?

Yes, under clause (iv) relating to Section 9(5).

Can rules lay down code of conduct for centres and laboratories?

Yes, under clause (iva) relating to Section 16(iv).

Can rules prescribe the manner of furnishing reports by State Boards?

Yes, under clause (ivb) relating to Section 16A(1)(iv).

Can rules empower the Appropriate Authority in other matters?

Yes, under clause (ivc) relating to Section 17A(d).

Can rules prescribe the interval between meetings of the Advisory Committee?

Yes, under clause (v) relating to Section 17(8).

Can rules provide terms and conditions for appointment to the Advisory Committee?

Yes, under clause (vi) relating to Section 17(9).

Can rules prescribe the form and manner of application for registration?

Yes, under clause (vii) relating to Section 18(2).

Can rules specify facilities and standards for Genetic Counselling Centres, Laboratories and Clinics?

Yes, under clause (viii) relating to Section 18(5).

Can rules prescribe the form of certificate of registration?

Yes, under clause (ix) relating to Section 19(1).

Can rules prescribe renewal procedure and fee for certificate of registration?

Yes, under clause (x) relating to Section 19(3).

Can rules prescribe the manner of filing appeal under Section 21?

Yes, under clause (xi).

Can rules prescribe the period for preservation of records?

Yes, under clause (xii) relating to Section 29(1).

Can rules prescribe the manner of seizure under Section 30?

Yes, under clause (xiii) relating to Section 30(1).

Does Section 32(2)(xiv) provide residuary rule-making power?

Yes, it allows rules on any other matter required to be or which may be prescribed.

What does Section 33 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 33 deals with the power of the Board to make regulations.

Who can make regulations under Section 33?

The Central Supervisory Board with previous sanction of the Central Government.

How must regulations be made under Section 33?

By notification in the Official Gazette.

Can regulations be inconsistent with the Act or rules?

No, regulations must not be inconsistent with the Act or rules made thereunder.

Can regulations prescribe time and place of Board meetings?

Yes, under clause (a) relating to Section 9(1).

Can regulations prescribe quorum and procedure of meetings?

Yes, under clause (a).

Can regulations provide manner of temporary association with the Board?

Yes, under clause (b) relating to Section 11(1).

Can regulations prescribe service conditions of Board employees?

Yes, under clause (c) relating to Section 12.

Is there a general regulatory power under Section 33(d)?

Yes, for efficient conduct of affairs of the Board.

What does Section 34 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 deal with?

Section 34 deals with laying of rules and regulations before Parliament.

Where must every rule and regulation made under the Act be laid?

Before each House of Parliament.

For what total period must rules and regulations be laid before Parliament?

For a total period of thirty days.

Can the thirty days be spread over multiple sessions?

Yes, it may be comprised in one session or in two or more successive sessions.

What happens if both Houses agree to modify a rule or regulation?

The rule or regulation shall thereafter have effect only in such modified form.

What happens if both Houses agree that a rule or regulation should not be made?

The rule or regulation shall thereafter have no effect.

Does modification or annulment affect prior actions taken under the rule?

No, it is without prejudice to the validity of anything previously done under that rule or regulation.