The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994

(1) This Act may be called 1[the Pre-conception andPre-natal Diagnostic Techniques (Prohibition of Sex Selection)] Act, 1994. (2) It shall extend to the whole of India 2***. (3) It shall come into force on such date3 as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires, (a) "Appropriate Authority" means the Appropriate Authority appointed under section 17; (b) "Board" means the Central Supervisory Board constituted under section 7; 1[(ba) "conceptus" means any product of conception at any stage of development fromfertilisation until birth including extra embryonic membranes as well as the embryo or foetus; (bb) "embryo" means a developing human organism after fertilisation till the end of eight weeks(fifty-six days); (bc) "foetus" means a human organism during the period of its development beginning on thefifty-seventh day following fertilisation or creation (excluding any time in which its development hasbeen suspended) and ending at the birth;] (c) "Genetic Counselling Centre" means an institute, hospital, nursing home or any place, bywhatever name called, which provides for genetic counselling to patients; (d) "Genetic Clinic" means a clinic, institute, hospital, nursing home or any place, by whatevername called, which is used for conducting pre-natal diagnostic procedures. 2[Explanation. - For the purposes of this clause, "Genetic Clinic" includes a vehicle, whereultrasound machine or imaging machine or scanner or other equipment capable of determining sex ofthe foetus or a portable equipment which has the potential for detection of sex during pregnancy orselection of sex before conception, is used;] (e) "Genetic Laboratory" means a laboratory and includes a place where facilities are providedfor conducting analysis or tests of samples received from Genetic Clinic for pre-natal diagnostic test. 2[Explanation. --For the purposes of this clause, "Genetic Laboratory" includes a place whereultrasound machine or imaging machine or scanner or other equipment capable of determining sex ofthe foetus or a portable equipment which has the potential for detection of sex during pregnancy orselection of sex before conception, is used;] (f) "gynaecologist" means a person who possesses a post-graduate qualification in gynaecologyand obstetrics; 3[(g) "medical geneticist" includes a person who possesses a degree or diploma in genetic sciencein the fields of sex selection and pre-natal diagnostic techniques or has experience of not less than twoyears 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;] (h) "paediatrician" means a person who possesses a post-graduate qualification in paediatrics; 4[(i) "pre-natal diagnostic procedures" means all gynaecological or obstetrical or medicalprocedures 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 afterconception, for being sent to a Genetic Laboratory or Genetic Clinic for conducting any type ofanalysis or pre-natal diagnostic tests for selection of sex before or after conception;] (j) "pre-natal diagnostic techniques" includes all pre-natal diagnostic procedures and pre-nataldiagnostic tests; 5[(k) "pre-natal 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 detectgenetic or metabolic disorders or chromosomal abnormalities or congenital anomalies orhaemoglobinopathies or sex- linked diseases;] (l) "prescribed" means prescribed by rules made under this Act; (m) "registered medical practitione"r means a medical practitioner who possesses any recognisedmedical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956(102 of 1956), and whose name has been entered in a State Medical Register; (n) "regulations" means regulations framed by the Board under this Act; 6[(o) "sex selection" includes any procedure, technique, test or administration or prescription orprovision of anything for the purpose of ensuring or increasing the probability that an embryo will beof a particular sex; (p) "sonologist or imaging specialist" means a person who possesses any one of the medicalqualifications recognised under the Indian Medical Council Act, 1956 (102 of 1956) or who possessesa post-graduate qualification in ultrasonography or imaging techniques or radiology; (q) "State Board" means a State Supervisory Board or a Union territory Supervisory Boardconstituted under section 16A; (r) "State Government" in relation to Union territory with Legislature means the Administrator ofthat Union territory appointed by the President under article 239 of the Constitution.]

Onand from the commencement of this Act,-- (1) no Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic unless registered underthis Act, shall conduct or associate with, or help in, conducting activities relating to pre-nataldiagnostic techniques; 1[(2) no Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall employ orcause to be employed or take services of any person, whether on honorary basis or on payment whodoes not possess the qualifications as may be prescribed;] (3) no medical geneticist, gynaecologist paediatrician registered medical practitioner or any otherperson shall conduct or cause to be conducted or aid in conducting by himself or through any otherperson, any pre-natal diagnostic techniques at a place other than a place registered under this Act.

1[3A. Prohibition of sex selection.--No person, including a specialist or a team of specialists in thefield of infertility, shall conduct or cause to be conducted or aid in conducting by himself or by any otherperson, sex selection on a woman or a man or on both or on any tissue, embryo, conceptus, fluid orgametes derived from either or both of them.]

1[3B. Prohibition on sale of ultrasound machine, etc., to persons, laboratories, clinics, etc., notregistered under the Act.--No person shall sell any ultrasound machine or imaging machine or scanneror any other equipment capable of detecting sex of the foetus to any Genetic Counselling Centre, GeneticLaboratory, Genetic Clinic or any other person not registered under the Act.]