Lawgist28Cognizance of offences
(1) No court shall take cognizance of an offence under this Act except on a complaint made by
(a) the Appropriate Authority concerned, or any officer authorised in this behalf by the Central Government or State Government, as the case may be, or the Appropriate Authority; or
(b) a person who has given notice of not less than 1[fifteen days] in the manner prescribed, to the Appropriate Authority, of the alleged offence and of his intention to make a complaint to the court.
Explanation.-- For the purpose of this clause, "person" includes a social organisation.
(2) No court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
(3) Where a complaint has been made under clause (b) of sub-section (1), the court may, on demand by such person, direct the Appropriate Authority to make available copies of the relevant records in its possession to such person.
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1 Subs. by s. 21, ibid., for 'thirty days" (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
