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The act
Provided for the prohibition of sexselection, before or after conception,and
For regulation of prenatal diagnostictechniques for the purposes ofdetecting genetic abnormalities or
metabolic disorders or chromosomalabnormalities or certain congenitalmalformations or sex-linked
disorders and
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conceptus means any product ofconception at any stage ofdevelopment from fertilization until
birth including extra embryonicmembranes as well as the embryo orfoetus
embryo means a developing humanorganism after fertilization till the endof eight weeks (fifty-six days)
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foetus means a human organismduring the period of its developmentbeginning on the fifty seventh(57th)
day following fertilization or creation(excluding any time in which itsdevelopment has been suspended)
and ending at the birth.
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Genetic Clinic
1994 means a clinic,institute, hospital,nursing home or
any place, bywhatever namecalled, which is
used forconducting pre-natal diagnosticprocedures.
2003 includes avehicle, whereultrasound
machine orimagingmachine or
scanner or otherequipmentcapable ofdetermining sex
of the foetus or a
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Genetic Laboratory
1994means alaboratory andincludes a place
where facilities areprovided for
conducting
analysis or testsof samplesreceived from
Genetic Clinic for-
2003 Explanation- Forthe purposes ofthis clause,
GeneticLaboratoryincludes a place
whereultrasoundmachine orimaging
machine or
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pre-natal diagnosticprocedures
1994 all gynecologicalor obstetrical ormedical
procedures suchasultrasonography
foetoscopy,taking orremovingsamples of
amniotic fluid,
2003 allgynaecologicalor obstetrical or
medicalprocedures suchas
ultrasonography,foetoscopy,taking orremoving
samples of
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pre-natal diagnostic test
1994 " meansultrasonographyor any test or
analysis ofamniotic fluid,chorionic villi,
blood or anytissue of apregnant womanconducted to
detect genetic or
2003 meansultrasonographyor any test or
analysis ofamniotic fluid,chorionic villi,
blood or anytissue or fluid ofa pregnantwoman or
conceptus
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Sex selection
Sex selection includes:
Procedure
Technique Test
Administration
Prescription
Provision
of anything for the purpose of
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Sonologist /imagingspecialist
A person who possesses
Any one of the medical qualifications
recognized under the Indian MedicalCouncil Act, 1956 or
A postgraduate qualification in
ultrasonography or imagingtechniques or radiology
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Chapter two
Prohibition of sex-selection- Noperson, including a specialist ora team of specialists in the field
ofinfertility, shall conduct or causeto be conducted or aid in conductingby himself or by any other person,
sex selection on a woman or a manor on both or on any tissue, embryo,conceptus, fluid or gametes derivedfrom either or both of them.
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Prohibition on sale of ultrasoundmachines, etc., to persons,laboratories, clinics, etc. not
registered under the Act.- No personshall sell any ultrasound machine orimaging machine or scanneror any
other equipment capable ofdetecting sex of foetus to anyGenetic Counselling Centre, GeneticLaboratory, Genetic Clinic or anyother person not registered under
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Chapter two
1994 no GeneticCounsellingCentre, Genetic
Laboratory orGenetic Clinicshall employ or
cause to beemployed anyperson who doesnot possess the
prescribed
2003 no GeneticCounsellingCentre or
GeneticLaboratory orGenetic Clinic
shall employ orcause to beemployed ortake services
of any person,
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Chapter three
1994 no pre-nataldiagnostictechniques shall
be used orconductedunless the
person qualifiedto do so issatisfied thatany of the
following
2003 no pre-nataldiagnostictechniques shall
be used orconductedunless the
person qualifiedto do so issatisfied forreasons to be
recorded in
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1994 the pregnantwoman has afamily history of
mentalretardation orphysical
deformities suchas spasticity orany othergenetic disease
2003 the pregnantwoman or herspouse has a
family history ofmentalretardation or
physicaldeformities suchas, spasticity orany other
genetic disease
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Provided that the person conductingultrasonography on a pregnantwoman shall keep complete record
thereof in the clinic in such manner,as may be prescribed, and
any deficiency or inaccuracy found
therein shall amount tocontravention of provisions of section5 or section 6 unless contrary is
proved by the person conducting
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1994 no person,being a relativeor the husband
of the pregnantwoman shallseek or
encourage theconduct of anypre-nataldiagnostic
techniques on
2003 no personincluding arelative or
husband of thepregnant womanshall seek or
encourage theconduct of anypre-nataldiagnostic
techniques on
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no person including a relative orhusband of a woman shall seek orencourage the conduct of any sex-
selection technique on her or him orboth.
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1994 No personconducting pre-natal diagnostic
procedures shallcommunicate tothe pregnant
womanconcerned or herrelatives the sexof the foetus by
words, signs or
2003 No personincluding theperson
conducting pre-natal diagnosticprocedures shall
communicate tothe pregnantwomanconcerned or her
relatives or any
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Determination of sexprohibited
no person shall, by whatever means,cause or allow to be caused selectionof sex before or after conception.
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CENTRAL SUPERVISORY
BOARD
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1994 Two membersto be appointedby the Central
Government torepresent theMinistries of
CentralGovernment incharge ofWoman and
Child
2003 Threemembers to beappointed by the
CentralGovernment torepresent the
Ministries ofCentralGovernment incharge of
Women and
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eminentgynaecologistand obstetrician
eminentgynaecologistand obstetrician
or expert ofstri-roga or
prasuti-tantra;
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Disqualifications forappointment as member
Has , in theopinion of theCentral
Government,been associatedwith the use or
promotion ofpre-nataldiagnostictechnique for
determination of
Has , in theopinion of theCentral
Government,been associatedwith the use or
promotion ofpre-nataldiagnostictechnique for
determination of
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Eligibility of member forreappointment
Provided that no member other thanan ex-officio member shall beappointed for more than two
consecutive terms.
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Functions of the Board.
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1994 to advise theGovernment onpolicy matters
relating to use ofpre-nataldiagnostic
techniques;
2003 to advise theCentralGovernment on
policy mattersrelating to use ofpre-natal
diagnostictechniques, sexselectiontechniques and
against their
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1994 to reviewimplementationof the Act and
the rules madethereunder andrecommend
changes in thesaid Act andrules to theCentral
Government
2003 to review andmonitorimplementation
of the Act andrules madethereunder and
recommend to the Central
Government
changes in the
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1994 to create publicawarenessagainst the
practice of pre-nataldetermination of
sex and femalefoeticide;
2003 to create publicawarenessagainst the
practice of pre-conception sexselection and
prenataldetermination ofsex of foetusleading to
female foeticide;
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To oversee the performance ofvarious bodies constituted under theAct and take appropriate steps to
ensure its proper and effectiveimplementation
Constitution of State
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Constitution of StateSupervisory Board and
Union territorySupervisory Board
a e uperv sory oar or
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a e uperv sory oar orthe Union territory
Supervisory BoardEach State and Union territory
having Legislature shall constitute a
Board. Functions :-i) To create public awareness
ii) To review the activities of the
Appropriate Authorities functioning inthe State and recommend appropriateaction against them;
iii) To monitor the implementation of
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The State Board1.
Minister in charge of Health and Family Welfare inthe State, who shall be the Chairperson, ex-officio
1. Secretary in charge of the Department of Healthand Family Welfare who shall be the Vice-
Chairperson, ex-officio1. 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 theirrepresentatives
2. Director of Health and Family Welfare or IndianSystem of Medicines and Homoeopathy of the
State Government, ex-officio
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5. Three women members ofLegislative Assembly or LegislativeCouncil
6. Ten members to be appointed bythe State Government out of whichtwo each shall be from the following
categories:
i) eminent social scientists andlegal experts
Ii eminent women activists from
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The State Board shall meet at leastonce in 4 months.
The term of office of a member,other than an ex-officio member,shall be 3 years.
If a vacancy occurs in the office ofany member other than an ex-officiomember, it shall be filled by makingfresh appointment.
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If a member of the LegislativeAssembly or member of theLegislative Council who is a member
of the State Board, becomes Ministeror Speaker or Deputy Speaker of theLegislative Assembly or Chairperson
or Deputy Chairperson of theLegislative Council, she shall ceaseto be a member of the State Board.
One-third of the total number of
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The State Board may co-opt amember as and when required,provided that the number of coopted
members does not exceed one-thirdof the total strength of the StateBoard.
The co-opted members shall havethe same powers and functions asother members, except the right to
vote and shall abide by the rules and
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THANK YOU
TO BE CONTINUED