Bare Acts

CHAPTER VI REGISTRATION OF GENETIC COUNSELLING CENTRES, GENETIC LABORATORIES AND GENETIC CLINICS


18. Registration of Genetic Counselling Centres, Genetic Laboratories or Genetic Clinics. (1) No person shall open any Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, including
clinic, laboratory or centre having ultrasound or imaging machine or scanner or any other technology capable of undertaking determination of sex of foetus and sex selection, or render services to
any of them, after the commencement of the Pre-natal Diagnostic Techniques (Regulation and
Prevention of Misuse) Amendment Act, 2002 unless such centre, laboratory or clinic is duly registered under the Act.
2. Every application for registration under sub-section (1), shall be made to the Appropriate Authority in such form and in such manner and shall be accompanied by such fees as may be
prescribed.
3. Every Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic engaged, either partly
or exclusively, in counselling or conducting pre-natal diagnostic techniques for any of the purposes mentioned in section 4, immediately before the commencement of this Act, shall apply for
registration within sixty days from the date of such commencement.
4. Subject to the provisions of section 6, every Genetic Counselling Centre, Genetic Laboratory or
Genetic Clinic engaged in counselling or conducting pre-natal diagnostic techniques shall cease
to conduct any such counselling or technique on the expiry of six months from the date of commencement of this Act unless such Centre, Laboratory or Clinic has applied for registration and
is so registered separately or jointly or till such application is disposed of, whichever is earlier.
5. No Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall be registered under
this Act unless the Appropriate Authority is satisfied that such Centre, Laboratory or Clinic is in
a position to provide such facilities, maintain such equipment and standards as may be prescribed.
19. Certificate of registration.-
1. The Appropriate Authority shall, after holding an inquiry and after satisfying itself that the
applicant has complied with all the requirements of this Act and the rules made thereunder and
having regard to the advice of the Advisory Committee in this behalf, grant a certificate of registration in the prescribed form jointly or separately to the Genetic Counselling Centre, Genetic
Laboratory or Genetic Clinic, as the case may be.
2. If, after the inquiry and after giving an opportunity of being heard to the applicant and having
regard to the advice of the Advisory Committee, the Appropriate Authority is satisfied that the
applicant has not complied with the requirements of this Act or the rules, it shall, for reasons to
be recorded in writing, reject the application for registration.
3. Every certificate of registration shall be renewed in such manner and after such period and on
payment of such fees as may be prescribed.
4. The certificate of registration shall be displayed by the registered Genetic Counselling Centre,
Genetic Laboratory or Genetic Clinic in a conspicuous place at its place of business.
20. Cancellation or suspension of registration.-
1. The Appropriate Authority may suo moto, or on complaint, issue a notice to the Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic to show cause why its registration should not
be suspended or cancelled for the reasons mentioned in the notice.
2. If, after giving a reasonable opportunity of being heard to the Genetic Counselling Centre,
Genetic Laboratory or Genetic Clinic and having regard to the advice of the Advisory Committee, the Appropriate Authority is satisfied that there has been a breach of the provisions of this
Act or the rules, it may, without prejudice to any criminal action that it may take against such
Centre, Laboratory or Clinic, suspend its registration for such period as it may think fit or cancel
its registration, as the case may be.
PNDT Act, 1994 & Amendments
3. Notwithstanding anything contained in sub-sections (1) and (2), if the Appropriate Authority is,
of the opinion that it is necessary or expedient so to do in the public interest, it may, for reasons
to be recorded in writing, suspend the registration of any Genetic Counselling Centre, Genetic
Laboratory or Genetic Clinic without issuing any such notice referred to in sub-section (1).
21. Appeal. The Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic may, within thirty
days from the date of receipt of the order of suspension or cancellation of registration passed by the
Appropriate Authority under section 20, prefer an appeal against such order to—
(i) the Central Government, where the appeal is against the order of the Central
Appropriate Authority; and
(ii) the State Government, where the appeal is against the order of the State
Appropriate Authority, in the prescribed manner. 

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