Section 17:
Appropriate Authority and Advisory Committee.
(1) The Central Government shall appoint,
by notification in the Official Gazette, one or more Appropriate Authorities for each of the Union
territories for the purposes of this Act.
(2) The State Government shall appoint, by notification in the Official Gazette, one or more
Appropriate Authorities for the whole or part of the State for the purposes of this Act having regard to the
intensity of the problem of pre-natal sex determination leading to female foeticide.
(3) The officers appointed as Appropriate Authorities under sub-section (1) or sub-section (2) shall
be,--
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[(a) when appointed for the whole of the State or the Union territory, consisting of the following
three members--
(i) an officer of or above the rank of the Joint Director of Health and Family
Welfare--Chairperson;
(ii) an eminent woman representing women's organisation; and
(iii) an officer of Law Department of the State or the Union territory concerned:
Provided that it shall be the duty of the State or the Union territory concerned to constitute
multi-member State or Union territory level Appropriate Authority within three months of the coming
into force of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment
Act, 2002 (14 of 2003):
Provided further that any vacancy occurring therein shall be filled within three months of the
occurrence.]
(b) when appointed for any part of the State or the Union territory, of such other rank as the State
Government or the Central Government, as the case may be, may deem fit.
(4) The Appropriate Authority shall have the following functions, namely:--
(a) to grant, suspend or cancel registration of a Genetic Counselling Centre, Genetic Laboratory
or Genetic Clinic;
(b) to enforce standards prescribed for the Genetic Counselling Centre, Genetic Laboratory and
Genetic Clinic;
(c) to investigate complaints of breach of the provisions of this Act or the rules made thereunder
and take immediate action; and
(d) to seek and consider the advice of the Advisory Committee, constituted under sub-section (5),
on application for registration and on complaints for suspension or cancellation of registration;
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[(e) to take appropriate legal action against the use of any sex selection technique by any person
at any place, suo motu or brought to its notice and also to initiate independent investigations in such
matter;
(f) to create public awareness against the practice of sex selection or pre-natal determination of
sex;
(g) to supervise the implementation of the provisions of the Act and rules;
(h) to recommend to the Board and State Boards modifications required in the rules in accordance
with changes in technology or social conditions;
(i) to take action on the recommendations of the Advisory Committee made after investigation of
complaint for suspension or cancellation of registration.]
(5) The Central Government or the State Government, as the case may be, shall constitute an
Advisory Committee for each Appropriate Authority to aid and advise the Appropriate Authority in the
discharge of its functions, and shall appoint one of the members of the Advisory Committee to be its
Chairman.
(6) The Advisory Committee shall consist of--
(a) three medical experts from amongst gynaecologists, obstericians, paediatricians and medical
geneticists;
(b) one legal expert;
(c) one officer to represent the department dealing with information and publicity of the State
Government or the Union territory, as the case may be;
(d) three eminent social workers of whom not less than one shall be from amongst representatives
of women's organisations.
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[(7) No person who has been associated with the use or promotion of pre-natal diagnostic techniques
for determination of sex or sex selection shall be appointed as a member of the Advisory Committee.]
(8) The Advisory Committee may meet as and when it thinks fit or on the request of the Appropriate
Authority for consideration of any application for registration or any complaint for suspension or
cancellation of registration and to give advice thereon:
Provided that the period intervening between any two meetings shall not exceed the prescribed
period.
(9) The terms and conditions subject to which a person may be appointed to the Advisory Committee
and the procedure to be followed by such Committee in the discharge of its functions shall be such as may
be prescribed.
Notes:
1 Subs. by Act 14 of 2003, s. 15, for clause (a) (w.e.f. 14-2-2003).
2 Ins. by Act 14 of 2003, s. 15 (w.e.f. 14-2-2003).
3 Subs. by s. 15, ibid., for sub-section (7) (w.e.f. 14-2-2003)