Act Number: 42

Act Name: The Assisted Reproductive Technology (Regulation) Act, 2021

Year: 2021

Enactment Date: 2021-12-18

Long Title: An Act for the regulation and supervision of the assisted reproductive technology clinics and the assisted reproductive technology banks, prevention of misuse, safe and ethical practice of assisted reproductive technology services for addressing the issues of reproductive health where assisted reproductive technlogy is required for becoming a parent or for freezing gametes, embryos, embryonic tissues for further use due to infertility, disease or social or medical concerns and for regulation and supervision of research and development and for matters connected therewith or incidental thereto.

Ministry: Ministry of Health and Family Welfare

Department: Department of Health Research

Section 12: 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 assisted reproductive technology and surrogacy authorities for each of the Union territories for the purposes of this Act and the Surrogacy 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 assisted reproductive technology and surrogacy authorities for the whole or any part of the State for the purposes of this Act and the Surrogacy 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, ex officio; 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, the officers of such other rank as the State Government or the Central Government, as the case may be, may deem fit.
    (4) The members of appropriate authority, other than ex officio members, shall receive only compensatory travelling expenses for attending the meetings of such Authority
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