38. Power of Central Government to issue directions to National Board, National
Registry and appropriate authority.—(1) The Central Government may, from time to time
issue to the National Board, the National Registry and the appropriate authority with respect to
the Union territory, such directions as it may think necessary in the interest of the sovereignty
and integrity of India, security of the State, friendly relation with foreign States, public order,
decency or morality.
(2) Without prejudice to the foregoing provisions of this Act, the National Board, the
National Registry and the appropriate authority shall, in exercise of its powers or the
performance of its functions under this Act, be bound by such directions on questions of policy
as the Central Government or the State Government, as the case may be, may give in writing to
it from time to time:
Provided that the National Board shall, as far as practicable, be given an opportunity to
express its views before any direction is given under sub-section (1).
(3) If any dispute arises between the Central Government and the National Board as to
whether a question is or is not a question of policy, the decision of the Central Government
shall be final.
39. Power of State Government to issue directions to State Board, etc.— (1) The State
Government may, from time to time issue to the State Board and to the appropriate authority
with respect to the State Government such directions as it may think necessary in the interest of
the sovereignty and integrity of India, security of the State, friendly relation with foreign States,
public order, decency or morality.
(2) Without prejudice to the foregoing provisions of this Act, the State Board and the
appropriate authority shall, in exercise of its powers or the performance of its functions under
this Act, be bound by such directions on questions of policy as the State Government may give
in writing to it from time to time:
Provided that the State Board and the appropriate authority shall, as far as practicable, be
given an opportunity to express its views before any direction is given under sub-section (1).
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(3) If any dispute arises between the State Government and the State Board as to whether a
question is or is not a question of policy, the decision of the State Government shall be final.
40. Power to search and seize records, etc.—(1) If the National Board, the National
Registry or the State Board has reason to believe that an offence under this Act has been or is
being committed at any facility using assisted reproductive technology, such Board or any
officer authorised 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 Board or officer considers
necessary, such facility using assisted reproductive technology and examine any record,
register, document, book, pamphlet, advertisement or any other material object found therein
and seize the same, if the said Board has reason to believe that it may furnish evidence of the
commission of an offence 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.
41. Protection of action taken in good faith.— No suit, prosecution or other legal
proceeding shall lie against the Central Government or the State Government or the National
Board or the National Registry or the State Board or the appropriate authority or any other
officer authorised by the Central Government or the State Government or the National Board or
the National Registry or the State Board or the appropriate authority for anything which is done
in good faith or intended to be done in pursuance of the provisions of this Act or the rules or
regulations made thereunder.
42. Power to make rules. — (1) The Central Government may by notification 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—
(a) the other powers and functions of the National Board under clause (g) of section 5;
(b) the other powers and functions of the State Board under clause (b) of sub-section (2)
of section 8;
(c) the terms of office and other conditions of service of scientific, technical and other
employees of the National Registry under section 10;
(d) the other functions of the National Registry under clause (d) of section 11;
(e) the other functions of the appropriate authority under clause (h) of section 13;
(f) the other powers to be exercised by the appropriate authority under clause (d) of
sub-section (1) of section 14;
(g) the format for granting of licences to the clinic or bank by the appropriate authority
under sub-section (2) of section 14;
(h) the form and manner in which an application shall be made for registration and fee
payable thereof under sub-section (2) of section 15;
(i) the facilities and equipments to be provided and maintained by the clinics and banks
under sub-section (4) of section 15;
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(j) the conditions, form and fee for application of renewal of the registration of clinic or
bank under section 17;
(k) the manner in which an appeal may be preferred to the State Government or the
Central Government under section 19;
(l) the criteria for availing the assisted reproductive technology procedures under
clause (a) of section 21;
(m) the medical examination of the diseases with respect to which the donor shall be
tested under clause (b) of section 21;
(n) the manner of making a complaint before a grievance cell and the mechanism
adopted by the clinic under clause (f) of section 21;
(o) the manner of providing information by the clinics and banks to the National
Registry under clause (j) of section 21;
(p) the amount of insurance coverage for oocyte donor under clause (b) of
sub-section (1) of section 22;
(q) the manner of maintaining the records by the clinics and banks under clause (a) of
section 23;
(r) the manner of collection of gametes posthumously under clause (f) of section 24;
(s) the other duties of clinics under clause (h) of section 24;
(t) the examination of the donors by the assisted reproductive technology banks for
diseases under clause (c) of sub-section (2) of section 27;
(u) the manner of obtaining information in respect of a sperm or oocyte donor by a bank
under sub-section (6) of section 27;
(v) the standards for the storage and handling of gametes, human embryos in respect of
their security, recording and identification under sub-section (1) of section 28;
(w) the manner of obtaining the consent of the commissioning couple or individual for
perishing or donating the gametes of a donor or embryo under sub-section (2) of section 28;
(x) the manner of performing research on human gametes or embryo within India under
sub-section (2) of section 30;
(y) the manner of entry and search by the National Board, the National Registry or the
State Board or any officer authorised by it under sub-section (1) of section 40;
(z) any other matter which is to be, or may be prescribed, or in respect of which
provision is to be made by rules.
43. Power to make regulations. — (1) The National Board may, with the prior approval of
the Central Government, by notification make regulations consistent with this Act and the rules
made thereunder to carry out the provisions of the Act;
(2) In particular, and without prejudice to the generality of the foregoing power, such
regulations may provide for—
(a) the manner of retrieving the oocytes under clause (a) of section 24;
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(b) the manner of placing the oocytes or embryos in the uterus of a woman under
clause (b) of section 24; and
(c) any other matter which is required to be, specified by regulations or in respect of
which provision is to be made by regulations.
44. Laying of rules, regulations and notifications.— Every rule or regulation made and
notification issued under this Act shall be laid, as soon as may be after it is made or issued,
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 rules or regulations or notifications, as the
case may be or both Houses agree that the rules or regulations or notifications, as the case may
be, should not be made or issued, such rules or regulations or notifications, as the case may be,
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 or notification, as the case may be.
45. Application of other laws not barred. — The provisions of this Act shall be in
addition to, and not in derogation of, the provisions of the Pre-conception and Pre-natal
Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (57 of 1994) and the Clinical
Establishment (Registration and Regulation) Act, 2010 (23 of 2010) or of any other law for
the time being in force.
46. Power to remove difficulties. — (1) If any difficulty arises in giving effect to the
provisions of this Act, the Central Government may, by order published in the Official
Gazette, make such provisions not inconsistent with the provisions of this Act as may appear
to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of three years from
the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be made, be laid before each
House of Parliament.