35. Appointment of appropriate authority.— (1) The Central Government shall, within a period
of ninety days from the date of commencement of this Act, by notification, appoint one or more
appropriate authorities for each of the Union territories for the purposes of this Act and the Assisted
Reproductive Technology Act.
(2) The State Government shall, within a period of ninety days from the date of commencement of
this Act, by notification, appoint one or more appropriate authorities for the whole or any part of the
State for the purposes of this Act and the Assisted Reproductive Technology Act.
(3) The appropriate authority, under sub-section (1) or sub-section (2), shall,—
(a) when appointed for the whole of the State or the Union territory, consist of—
(i) an officer of or above the rank of the Joint Secretary of the Health and Family Welfare
Department--Chairperson, ex officio;
(ii) an officer of or above the rank of the Joint Director of the Health and Family Welfare
Department--Vice Chairperson, ex officio;
(iii) an eminent woman representing women's organisation--member;
(iv) an officer of Law Department of the State or the Union territory concerned not below
the rank of a Deputy Secretary--member; and
(v) an eminent registered medical practitioner--member:
Provided that any vacancy occurring therein shall be filled within one month of the
occurrence of such vacancy;
(b) when appointed for any part of the State or the Union territory, be officers of such other
rank as the State Government or the Central Government, as the case may be, may deem fit.
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36. Functions of appropriate authority.—The appropriate authority shall discharge the
following functions, namely:—
(a) to grant, suspend or cancel registration of a surrogacy clinic;
(b) to enforce the standards to be fulfilled by the surrogacy clinics;
(c) to investigate complaints of breach of the provisions of this Act, rules and regulations made
thereunder and take legal action as per provision of this Act;
(d) to take appropriate legal action against the use of surrogacy by any person at any place other
than prescribed, suo motu or brought to its notice, and also to initiate independent investigations in
such matter;
(e) to supervise the implementation of the provisions of this Act and rules and regulations made
thereunder;
(f) to recommend to the Board and State Boards about the modifications required in the rules
and regulations in accordance with changes in technology or social conditions;
(g) to take action after investigation of complaints received by it against the surrogacy clinics;
and
(h) to consider and grant or reject any application under clause (vi) of section 3 and sub-clauses
(a) to (c) of clause (iii) of section 4 within a period of ninety days.
37. Powers of appropriate authorities.— (1) The appropriate authority shall exercise the powers
in respect of the following matters, namely:—
(a) summoning of any person who is in possession of any information relating to violation of
the provisions of this Act, and rules and regulations made thereunder;
(b) production of any document or material object relating to clause (a);
(c) search any place suspected to be violating the provisions of this Act, and the rules and
regulations made thereunder; and
(d) such other powers as may be prescribed.
(2) The appropriate authority shall maintain the details of registration of surrogacy clinics,
cancellation of registration, renewal of registration, grant of certificates to the intending couple and
surrogate mothers or any other matter pertaining to grant of license, etc., of the surrogacy clinics in
such format as may be prescribed and submit the same to the National Assisted Reproductive
Technology and Surrogacy Board.