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PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT, 1994
CHAPTER I PRELIMINARY
1. Short title, extent and commencement 1 2. De nitions 2
CHAPTER II
REGULATION OF GENETIC COUNSELLING CENTRES, GENETIC LABORATORIES AND GENETIC CLINICS
3. Regulation of Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics 5
3A. Prohibition of sex selection 6
3B. Prohibition on sale of ultrasound machine, etc., to persons, laboratories, clinics, etc., not registered under the Act 7
CHAPTER III
REGULATION OF PRE-NATAL DIAGNOSTIC TECHNIQUES
4. Regulation of pre-natal diagnostic techniques 7
5. Written consent of pregnant woman and prohibition of communicating the sex of foetus 10
6. Determination of sex prohibited 10
CHAPTER IV
CENTRAL SUPERVISORY BOARD
7. Constitution of Central Supervisory Board 11
8. Term of of ce of members 13
9. Meetings of the Board 13
10. Vacancies, etc., not to invalidate proceedings of the Board 13
11. Temporary association of persons with the Board for particular purposes 14
12. Appointment of of cers and other employees of the Board 15
13. Authentication of orders and other instruments of the Board 15
14. Disquali cations for appointment as member 16
15. Eligibility of member for re-appointment 17
16. Functions of the Board 17
16A. Constitution of State Supervisory Board and Union territory Supervisory Board 18
CHAPTER V
APPROPRIATE AUTHORITY AND ADVISORY COMMITTEE
17. Appropriate Authority and Advisory Committee 19
17A. Powers of Appropriate Authorities 22
CHAPTER VI
REGISTRATION OF GENETIC COUNSELLING CENTRES, GENETIC LABORATORIES AND GENETIC CLINICS
18. Registration of Genetic Counselling Centres, Genetic Laboratories or Genetic Clinics 22
19. Certi cate of registration 23
20. Cancellation or suspension of registration 23
21. Appeal 24
CHAPTER VII
OFFENCES AND PENALTIES
22. Prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention 25
23. Offences and penalties 27
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 speci c punishment is provided
26. Offences by companies
27. Offence to be cognizable, non-bailable and non-compoundable
28. Cognizance of offences
31. Protection of action
PRE-CONCEPTION AND
DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION)
1. Short title and commencement
2. De nitions
3. Minimum requirements
3A. Sale of ultrasound machines/imaging machines
3B. Regulation of portable machines
4. Registration of Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic and Imaging Centres
5. Application Fee
6. Certi cate of registration
7. Validity of registration
8. Renewal of registration
9. Maintenance and preservation of records
10. Conditions for conducting pre-natal diagnostic procedures
11. Facilities for inspection
12. Procedure for search and seizure
13. Intimation of changes in employees, place or equipment
14. Conditions for analysis or test and pre-natal diagnostic procedures
15. Meetings of the Advisory Committees
16. Allowances to members of the Central Supervisory Board
17. Public Information
18. Code of Conduct to be observed by persons working at Genetic Counselling Centres, Genetic Laboratories, Genetic Clinics, Ultrasound Clinics, Imaging Centres etc.
18A. Code of Conduct to be observed by Appropriate Authorities
19. Appeals
19A. The manner for ling and disposal of the appeal under clauses (i) and (ii) of section 21 of the Act
SCHEDULE I [Omitted by the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Rules, 2003, w.e.f. 14-2-2003]
SCHEDULE II [Omitted by the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Rules, 2003, w.e.f. 14-2-2003]
SCHEDULE III [Omitted by the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Rules, 2003, w.e.f. 14-2-2003]
FORM A: Form of Application for Registration or Renewal of Registration of a Genetic Counselling Centre/Genetic Laboratory/Genetic Clinic/Ultrasound Clinic/Imaging Centre
FORM B: Certificate of Registration
FORM C: Form for Rejection of Application for Grant/Renewal of Registration
FORM D: Form for Maintenance of Records by the Genetic Counselling Centre
FORM E: Form for Maintenance of Records by Genetic Laboratory 73
FORM F: Form for Maintenance of Record in case of Pre-Natal Diagnostic Test/Procedure by Genetic Clinic/Ultrasound Clinic/Imaging Centre
FORM G: Form of Consent
FORM H: Form for Maintenance of Permanent Record of Applications for Grant/Rejection of Registration under the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
FORM I: Before the Central Appellate Authority OR the State Appellate Authority 81
FORM J: Proforma Af davit 82
PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC
TECHNIQUES (PROHIBITION OF SEX SELECTION) (SIX MONTHS TRAINING) RULES, 2014
1. Short title and commencement 85
2. De nitions 85
3. Nomenclature of the six months training in ultrasonography 86
4. Period of the training 86
5. Components of the six months training curriculum 86
6. Eligibility for training 86
7. Accreditation of institutions for six months training and its recognition 86
8. Selection of students 87
9. Changed criteria to be made prospective 87
10. Fee structure for the training 88
11. Staff-Faculty 88
12. Monitoring requirements 88
13. Competency based evaluation 88
14. Validity of the training certi cate 88
SCHEDULE I Fundamentals in Abdomino Pelvic Ultrasonography: Level one 6 Months Course for M.B.B.S. Doctors 88
SCHEDULE II Logbook and Assessment 103
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
[57 OF 1994*]
1[An Act to provide for the prohibition of sex selection, before or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female foeticide and for matters connected therewith or incidental thereto.]
BE it enacted by Parliament in the Forty-fifth year of the Republic of India as follows:—
CHAPTER I PRELIMINARY
Short title, extent and commencement.
1. This Act may be called 2[the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)] Act, 1994.
(2) It shall extend to the whole of India 3[***].
*Dated 20-9-1994.
1. Substituted by the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002, w.e.f. 14-2-2003. Prior to its substitution, the long line read as under: “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 malformation 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.”
2. Substituted for “the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse)”, ibid.
3. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019.
S. 2 PRE-CONCEPTION & PRE-NATAL DIAGNOSTIC TECHNIQUES ACT, 1994 2
(3) It shall come into force on such date4 as the Central Government may, by notification in the Official Gazette, appoint.
COMMENTS
SECTION NOTES
1.1 Short Title of the Act
The section formally names the Act. In this case, it is referred to as “[The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)] Act, 1994.”
The purpose of specifying the short title is to allow for precise identi cation of the law in legal references and interpretations.
1.2 Extent of the Act
The Act is explicitly made applicable to the entire territory of India.
1.3 Commencement of the Act
The Act’s coming into force on such date [w.e.f. 1-1-1996] depends on a formal noti cation by the Central Government published in the Of cial Gazette. Definitions.
2. 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;
5[(ba) “conceptus” means any product of conception at any stage of development from fertilisation until birth including extra embryonic membranes as well as the embryo or foetus;
(bb) “embryo” means a developing human organism after fertilisation till the end of eight weeks (fifty-six days);
(bc) “foetus” means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation or creation (excluding any time in which its development has been suspended) and ending at the birth;]
(c) “Genetic Counselling Centre” means an institute, hospital, nursing home or any place, by whatever name called, which provides for genetic counselling 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.
5[Explanation.—For the purposes of this clause, “Genetic Clinic” includes a vehicle, where ultrasound machine or imaging machine or scanner or
4. W.e.f. 1-1-1996, vide Notification No. S.O. 990(E), dated 20-12-1995.
5. Inserted by the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002, w.e.f. 14-2-2003.
3 PRE-CONCEPTION
& PRE-NATAL DIAGNOSTIC
TECHNIQUES ACT, 1994 S. 2
other equipment capable of determining sex of the foetus or a portable equipment which has the potential for detection of sex during pregnancy or selection of sex before conception, is used;]
(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.
5a[Explanation.—For the purposes of this clause, “Genetic Laboratory” includes a place where ultrasound machine or imaging machine or scanner or other equipment capable of determining sex of the foetus or a portable equipment which has the potential for detection of sex during pregnancy or selection of sex before conception, is used;]
(f) “gynaecologist” means a person who possesses a post-graduate qualification in gynaecology and obstetrics;
6[(g) “medical geneticist” includes a person who possesses a degree or diploma in genetic science in the fields of sex selection and pre-natal diagnostic techniques or has experience of not less than two years in any of these fields after obtaining—
(i) any one of the medical qualifications recognised under the Indian Medical Council Act, 1956 (102 of 1956)*; or
(ii) a post-graduate degree in biological sciences;]
(h) “paediatrician” means a person who possesses a post-graduate qualification in paediatrics;
7[(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, embryo, blood or any other tissue or fluid of a man, or of a woman before or after conception, for being sent to a Genetic Laboratory or Genetic Clinic for conducting any type of analysis or pre-natal diagnostic tests for selection of sex before or after conception;]
(j) “pre-natal diagnostic techniques” includes all pre-natal diagnostic procedures and pre-natal diagnostic tests;
5a. Inserted by the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002, w.e.f. 14-2-2003.
6. Substituted, ibid. Prior to its substitution, clause (g) read as under: ‘(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 quali cations recognised under the Indian Medical Council Act, 1956 (102 of 1956); or (ii) a post-graduate degree in biological sciences;’
7. Substituted, ibid. Prior to its substitution, clause (i) read as under:
‘(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;’
* Now repealed.
S. 2 PRE-CONCEPTION & PRE-NATAL DIAGNOSTIC TECHNIQUES ACT, 1994 4
8[(k) “pre-natal diagnostic test” means ultrasonography or any test or analysis of amniotic fluid, chorionic villi, blood or any tissue or fluid of a pregnant woman or conceptus 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 (102 of 1956), and whose name has been entered in a State Medical Register;
(n) “regulations” means regulations framed by the Board under this Act;
9[(o) “sex selection” includes any procedure, technique, test or administration or prescription or provision of anything for the purpose of ensuring or increasing the probability that an embryo will be of a particular sex;
(p) “sonologist or imaging specialist” means a person who possesses any one of the medical qualifications recognised under the Indian Medical Council Act, 1956 (102 of 1956)* or who possesses a post-graduate qualification in ultrasonography or imaging techniques or radiology;
(q) “State Board” means a State Supervisory Board or a Union territory Supervisory Board constituted under section 16A;
(r) “State Government” in relation to Union territory with Legislature means the Administrator of that Union territory appointed by the President under article 239 of Constitution.]
COMMENTS
SECTION NOTES
2.1 “Conceptus” [Section 2(ba)]
Broadly covers any product of conception, including the embryo, foetus, and associated extra-embryonic membranes, from fertilisation to birth.
2.2 “Embryo” [Section 2(bb)]
Speci cally refers to the developing human organism from fertilisation until the end of eight weeks (56 days).
8. Substituted by the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002, w.e.f. 14-2-2003. Prior to its substitution, clause (k) read as under: ‘(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;’
9. Clauses (o) to (r) inserted, ibid.
* Now repealed.
PRE-CONCEPTION AND
DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX
SELECTION) ACT
1994 WITH RULES –BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN'S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : FEBRUARY 2025
EDITION : 2025 EDITION
ISBN NO : 9789364558648
NO. OF PAGES : 124
BINDING TYPE : PAPERBACK
DESCRIPTION
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994 with Rules [Bare Act with Section Notes] by Taxmann concisely presents the legal framework prohibiting sex selection (before or after conception) and regulating pre-natal diagnostic techniques in India. It includes the amended text of the PCPNDT Act, 1994, the PCPNDT Rules, 1996 (with subsequent amendments), and the (Six Months Training) Rules, 2014. Section-wise notes offer clear guidance on the Act's intent and practical compliance. By consolidating all relevant Acts and Rules, this comprehensive edition plays a pivotal role in preventing the misuse of diagnostic technology for sex determination, fostering gender justice, and protecting the rights of the unborn girl child.
This book is intended for the following audience:
• Legal Professionals (Advocates, Judicial Officers, Law Firms) – To interpret and apply the PCPNDT Act's provisions in related cases and stay updated on amendments
• Healthcare Professionals (Doctors, Radiologists, Geneticists, etc.) – To ensure compliance with registration, record-keeping, consent procedures, and other obligations
• Regulatory Authorities & Enforcement Agencies (Appropriate Authorities, Advisory Committees, Medical Councils) – To oversee compliance, conduct inspections, and enforce legal action against violations
• Academics & Students (Law, Public Health, Medicine) – As a reference for research, study, and a deeper understanding of regulations governing pre-natal diagnostic techniques
• Social Welfare Organisations & NGOs – To support advocacy against female foeticide and promote gender equity
• Policy Makers & Administrators – For informed policy formulation, effective implementation, and robust oversight mechanisms
The Present Publication is the 2025 Edition, covering the amended and updated text of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act [Act No. 57 of 1994] and Rules, with the following noteworthy features:
• [Complete Legal Text] Consolidates the PCPNDT Act, 1994, the PCPNDT Rules, and the (Six Months Training) Rules, 2014 in one place
• [Updated Amendments] Reflects the latest amendments on registration, record-keeping, and penal provisions to deter female foeticide
• [Pre-amendment Provisions] Highlights earlier provisions in amendment footnotes for clarity on pre-amendment applicability
• [Section-wise Commentary & Notes] Offers interpretative notes and cross-references after each section for practical understanding
• [Forms & Schedules] Includes official forms (Form A, Form B, Form F, etc.) and guidelines for maintenance under the Act and Rules
• [Registration & Compliance Guidance] Details application procedures for new or renewed registration of Genetic Centres and Clinics
• [Practitioner-oriented] Provides clear do's and don'ts for doctors conducting ultrasonography
• [Logbook & Training Details] Outlines training rules, logbook maintenance, and competency assessments for six-month ultrasonography training
