Pre-Conception & Pre-Natal Diagnostic Technique Act, 1994 (PNDT Act 1994)

CHAPTER VIII

MISCELLANEOUS

29. Maintenance of records. 1. All records, charts, forms, reports, consent letters and all other documents required to be main-tained under this Act and the rules shall be preserved for a period of two years or for such period as may be prescribed: Provided that, if any criminal or other proceedings are instituted against any Genetic Counsel-ling Centre, Genetic Laboratory or Genetic Clinic, the records and all other documents of such Centre, Laboratory or Clinic shall be preserved till the final disposal of such proceedings.

2. All such records shall, at all reasonable times, be made available for inspection to the Appropri-ate Authority or to any other person authorised by the Appropriate Authority in this behalf.

30. Power to search and seize records, etc. -1. If the Appropriate Authority has reason to believe that an offence under this Act has been or is being committed at any Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic or any other place, such Authority or any officer authorised thereof 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 Counselling Centre, Genetic Labo-ratory or 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 office punishable under this Act.

2. The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this Act.

31. Protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie against the Central or the State Government or the Appropriate Authority or any officer authorised by the Central or State Government or by the Authority for anything which is in good faith, done or intended to be done in pursuance of the provisions of this Act.

31A. Removal of difficulties.-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 provi-sions 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 Pre-vention 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.

32. Power to make rules.-1. The Central Government may make rules for carrying out the provisions of this Act.

2. In particular and without prejudice to the generality of the foregoing power, such rules may provide for-
(i) the minimum qualifications for persons employed at a registered Genetic Counselling 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) the form in which consent of a pregnant woman has to be obtained under section 5;
iii) the procedure to be followed by the members of the Central Supervisory Board in the discharge of their functions under sub-section (4) of section 8;
(iv) allowances for members other than ex-officio members admissible under subsection (5) of section 9;
(iva) code of conduct to be observed by persons working at Genetic Counselling 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 Supervi-sory Boards to the Board and the Central Government in respect of various activities under-taken 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;
(v) the period intervening between any two meetings of the Advisory Committee under the proviso to subsection (8) of section 17;
(vi) the terms and conditions subject to which a person may be appointed to the Advisory Committee and the procedure to be followed by such Committee under sub-section (9) of section 17;
(vii) the form and manner in which an application shall be made for registration and the fee payable thereof under sub-section (2) of section 18;
(viii) the facilities to be provided, equipment and other standards to be maintained by the Ge-netic Counselling Centre, Genetic Laboratory or Genetic Clinic under sub-section (5) of section 18;
(ix) the form in which a certificate of registration shall be issued under sub-section (1) of section 19;
(x) the manner in which and the period after which a certificate of registration shall be re-newed and the fee payable for such renewal under sub-section (3) of section 19;
(xi) the manner in which an appeal may be preferred under section 21;
(xii) the period up to which records, charts, etc., shall be preserved under sub-section (1) of section 29;
(xiii) the manner in which the seizure of documents, records, objects, etc., shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody such documents, records or objects were seized under sub-section (1) of section 30;
(xiv) any other matter that is required to be, or may be, prescribed.

33. Power to make regulations.- The Board may, with the previous sanction of the Central Govern-ment, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder to provide for-
(a)the time and place of the meetings of the Board and the procedure to be followed for the trans-action of business at such meetings and the number of members which shall form the quorum under sub-section (1) of section 9;
(b)the manner in which a person may be temporarily associated with the Board under sub-section (1) of section 11;
(c) the method of appointment, the conditions of service and the scales of pay and allowances of the officer and other employees of the Board appointed under section 12;
(d) generally for the efficient conduct of the affairs of the Board.

34. Rules and regulations to be laid before Parliament. - Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

CHAPTER: I, II, III, IV, V, VI, VII, VIII