Indian Bare Acts

Search Alphabatically :

THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) AMENDMENT ACT, 2002

Title : THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) AMENDMENT ACT, 2002

Year : 2002



In section 1 of the principal Act, in sub-section (1), for the words and brackets "the Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse)", the words and brackets "the Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection)" shall be substituted.



In section 2 of the principal Act,-

(i) After clause (b), the following clauses shall be inserted, namely:-

(ba) "Conceptus" means any product of conception at any stage of development from fertilisation until birth including extra embryonic membranes as well as the embryo or foetus;

(bb) "Embryo" means a developing human organism after fertilisation [ill the end of eight weeks (fifty-six days);

(bc) "Foetus" means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation or creation (excluding any time in which its development has been suspended) and ending at the birth;

(ii) In clause (d), the following Explanation shall be added, namely:-

Explanation.-For the purposes of this clause, "Genetic Clinic" includes a vehicle, where ultrasound machine or imaging machine or scanner or other equipment capable of determining sex of the foetus or a portable equipment which has the potential for detection of sex during pregnancy or selection of sex before conception, is used;';

(iii) In clause (e), the following Explanation shall be added, namely:-

Explanation.-For the purposes of this clause, "Genetic Laboratory" includes a place where ultrasound machine or imaging machine, or scanner or other equipment capable of determining sex of the foetus or a portable equipment which has the potential for detection of sex during pregnancy or selection of sex before conception, is used;

(iv) For clause (g), the following clause shall be substituted, namely:-

(g) "Medical geneticist" includes a person who possesses a degree or diploma in genetic science in the fields of sex selection and prenatal diagnostic techniques or has experience of not less than two years in any of these fields after obtaining-

(i) Any one of the medical qualifications recognised under the Indian Medical Council Act, 1956 (102 of 1956); or

(ii) A post-graduate degree in biological sciences;

(v) For clause (i), the following clause shall be substituted, namely:-

(i) ''Prenatal diagnostic procedures" means all gynaecological or obstetrical or medical procedures such as ultrasonography, foetoscopy, taking or removing samples of amniotic fluid, chorionic villi, embryo, blood or any other tissue or fluid of a man, or of a woman before or after conception, for being sent to a Genetic Laboratory or Genetic Clinic for conducting any type of analysis or prenatal diagnostic tests for selection of sex before or after conception;

(vi) For clause (k), the following clause shall be substituted, namely:-

(k) "prenatal diagnostic test" means ultrasonography or any test or analysis of amniotic fluid, chorionic villi, blood or any tissue or fluid of a pregnant woman or conceptus conducted to detect genetic or metabolic disorders or chromosomal abnormalities or congenital anomalies or haemoglobinopathies or sex linked diseases;';

(vii) After clause (n), the following clauses shall be inserted, namely:-

(o) "Sex selection" includes any procedure, technique, test or administration or prescription or provision of anything for the purpose of ensuring or increasing the probability that an embryo will be of a particular sex;

(p) "Sonologist or imaging specialist" means a person who possesses any one of the medical qualifications recognised under the Indian Medical Council Act, 1956 (102 of 1956) or who possesses a post-graduate qualification in ultrasonography or imaging techniques or radiology;

(q) "State Board" means a State Supervisory Board or a Union territory Supervisory Board constituted under section 16A;

(r) "State Government" in relation to Union territory with Legislature means the Administrator of that Union territory appointed by the President under article 239 of the Constitution.'.



In section 3 of the principal Act, for clause (2), the following clause shall be substituted, namely:-

"(2) no Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall employ or cause to be employed or take services of any person, whether on honorary basis or on payment who docs not possess the qualifications as may be prescribed.".
Last updated on August, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female