[Act No. 57 of 1994 dated 20th. September, 1994]
An Act to provide for the regulation of the use of pre-natal diagnostic techniques for the purpose of detecting genetic or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex linked disorders and for the prevention of the misuse of such techniques for the purpose of pre-natal sex determination leading to female feticide; and, for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Forty-fifth Year of the
(1) This Act may be called the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.
(2) It shall extend to the whole of
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires,-
(a) "Appropriate Authority" means the Appropriate Authority appointed under section 17;
(b) " Board" means the Central Supervisory Board constituted under section 7;
(c) "Genetic Counseling Centre" means an institute, hospital, nursing home or any place, by whatever name called, which provides for genetic counseling to patients;
(d) "Genetic Clinic" means a clinic, institute, hospital, nursing home or any place, by whatever name called, which is used for conducting pre-natal diagnostic procedures;
(e) "Genetic Laboratory" means a laboratory and includes a place where facilities are provided for conducting analysis or tests of samples received from Genetic Clinic for pre-natal diagnostic test;
(f) "Gynecologist" means a person who possesses a post-graduate qualification in gynecology and obstetrics;
(g) "medical geneticist" means a person who possesses a degree or diploma or certificate in medical genetics in the field of pre-natal diagnostic techniques or has experience of not less than two years in such field after obtaining-
(i) any one of the medical qualifications recognised under the Indian Medical Council Act, 1956; or
(ii) a post-graduate degree in biological sciences;
(h) "paediatrician" means a person who possesses a post-graduate qualification in paediatrics;
(i) "pre-natal diagnostic procedures" means all gynaecological or obstetrical or medical procedures such as ultrasonography foetoscopy, taking or removing samples of amniotic fluid, chorionic villi, blood or any tissue of a pregnant woman for being sent to a Genetic Laboratory or Genetic Clinic for conducting pre- natal diagnostic test;
(j) "pre-natal diagnostic techniques" includes all pre-natal diagnostic procedures and pre-natal diagnostic tests;
(k) "pre-natal diagnostic test" means ultrasonography or any test or analysis of amniotic fluid, chorionic villi, blood or any tissue of a pregnant woman conducted to detect genetic or metabolic disorders or chromosomal abnormalities or congenital anomalies or haemoglobinopathies or sex-linked diseases;
(l) " prescribed" means prescribed by rules made under this Act;
(m) " registered medical practitioner" means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956, and whose name has been entered in a State Medical Register;
(n) "regulations" means regulations framed by the Board under this Act.