Lawgist22Prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention
1 [22. Prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention.-- (1) No person, organisation, Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic including clinic, laboratory or centre having ultrasound machine or imaging machine or scanner or any other technology capable of undertaking determination of sex of the foetus or sex selection shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement, in any form, including internet, regarding facilities of pre-natal determination of sex or sex selection before conception available at such Centre, Laboratory, Clinic or at any other place.
(2) No person or organisation including Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement in any manner regarding pre-natal determination or pre-conception selection of sex by any means whatsoever, scientific or otherwise.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees.
Explanation.--For the purposes of this section, "advertisement" includes any notice, circular, label, wrapper or any other document including advertisement through internet or any other media in electronic or print form and also includes any visible representation made by means of any hoarding, wall-painting, signal, light, sound, smoke or gas.]
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1 Subs. by Act 14 of 2003, s. 18, for section 22 (w.e.f. 14-2-2003)
- 1 Short title, extent and commencement
- 2 Definitions
- 3 Regulation of Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics
- 3A Prohibition of sex selection
- 3B Prohibition on sale of ultrasound machine, etc., to persons, laboratories, etc., not registered under the Act
- 4 Regulation of pre-natal diagnostic techniques
- 5 Written consent of pregnant woman and prohibition of communicating the sex of foetus
- 6 Determination of sex prohibited
- 7 Constitution of Central Supervisory Board
- 8 Term of office of members
- 9 Meetings of the Board
- 10 Vacancies, etc., not to invalidate proceedings of the Board
- 11 Temporary association of persons with the Board for particular purposes
- 12 Appointment of officers and other employees of the Board
- 13 Authentication of orders and other instruments of the Board
- 14 Disqualifications for appointment as member
- 15 Eligibility of member for reappointment
- 16 Functions of the Board
- 16A Constitution of State Supervisory Board and Union territory Supervisory Board
- 17 Appropriate Authority and Advisory Committee
- 17A Powers of Appropriate Authorities
- 18 Registration of Genetic Counselling Centres, Genetic Laboratories or Genetic Clinics
- 19 Certificate of registration
- 20 Cancellation or suspension of registration
- 21 Appeal
- 22 Prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention
- 23 Offences and penalties
- 24 Presumption in the case of conduct of pre-natal diagnostic techniques
- 25 Penalty for contravention of the provisions of the Act or rules for which no specific punishment is provided
- 26 Offences by companies
- 27 Offence to be cognizable, non-bailable and non-compoundable
- 28 Cognizance of offences
- 29 Maintenance of records
- 30 Power to search and seize records, etc
- 31 Protection of action taken in good faith
- 31A Removal of difficulties
- 32 Power to make rules
- 33 Power to make regulations
- 34 Rules and regulations to be laid before Parliament
