PNDT(ADVISORY = COMMITTEE) RULES, 1996

THE PRE-NATAL DIAGNOSTIC = TECHNIQUES=20 (REGULATION AND PREVENTION OF MISUSE) (ADVISORY COMMITTEE) RULES,=20 1996

G.S.R. 540 (E), dated = 26^th=20 November, 1996- In = exercise of the=20 powers conferred by Sec.32 of the Pre-natal Diagnostic Techniques = (Regulation=20 and Prevention of Misuse) Act, 1994 (57 of 1994), the Central Government = hereby=20 makes the following rules, namely:-

1.Short title and=20 commencement.- (1) These rules may be called the = Pre-natal=20 Diagnostic Techniques (Regulation and Prevention of Misuse) (Advisory=20 Committees) Rules, 1996.

(2)They shall come into force on the date = of their=20 publication in the Official Gazette.

2.Definitions.- In these rules, unless the context = otherwise=20 requires:-

(a) = =93Act=94 = means the=20 Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) = Act, 1994=20 (57 of 1994);

(b) = =93Advisory = Committee=94=20 means an Advisory Committee constituted under sub-section (5) of Section = 17 of=20 the Act;

(d) = =93Principle = rules=94 means=20 the Pre-natal Diagnostic Techniques (Regulation and Prevention of = Misuse) Rules,=20 1996;

(e) = =93section=94 = means a=20 section of the Act;

(f) =20 =93words and = expressions=94=20 used herein and not defined in these rules but defined in the Act or in = the=20 principal rules, as the case may be, shall have the meanings, = respectively,=20 assigned to them in the Act or in the principle = rules.

3.Terms and conditions of = appointment as a=20 member of an Advisory Committee.- (1) No person shall be appointed as a = member of an=20 Advisory Committee if he =96

(a) = has been = convicted and=20 sentenced to imprisonment for an offence which, in the opinion of the = Central=20 Government or the State Government, as the case may be, involves moral=20 turpitude; or

(b) = is an = undischarged=20 insolvent; or

(d) = has been = removed or=20 dismissed from the service of the Government or a Corporation owned or=20 controlled by the Government; or

(e) = has, in the = opinion of=20 the Central Government or the State Government, as the case may be, such = financial or other interest as is likely to affect prejudicially the = discharge=20 by him of his functions as a member of the Advisory Committee;=20 or

(f) =20 has, in the = opinion of=20 the Central Government or the State Government, as the case may be, been = associated with the sue or promotion of pre-natal diagnostic techniques = for=20 determination of sex.

(2) Every member of an Advisory Committee = shall be a=20 resident of the State or Union Territory, for which the Advisory = Committee to=20 which he is appointed as a member, has been = constituted.

(3)A member of an Advisory Committee shall = hold=20 office during the pleasure of the Central Government or the State = Government, as=20 the case may be.

(4)Subject to the provisions of sub-rule = (3), every=20 such member shall hold office for a period not exceeding three=20 years:

=20 Provided that any person holding office as a member of an = Advisory=20 Committee immediately before the commencement of these rules shall hold = such=20 office only for the term of three years from the date of his=20 appointment.

(5)A retiring member or a member whose term = of office=20 has expired by efflux of time shall be eligible for=20 re-appointment.

(6)A casual vacancy in an Advisory = Committee caused=20 by the resignation, death, transfer or removal of any member or = otherwise shall=20 be filled by fresh appointment and the person so appointed shall hold = office for=20 a period not exceeding the term of office of the member in whose place = he is=20 appointed.

(7)The Central Government or the State = Government, as=20 the case may be, may remove from office any member of an Advisory = Committee=20 before the expiration of his term of office.

(8)Every member of an Advisory Committee = shall be=20 entitled to draw traveling and daily allowances for journeys performed = by him=20 for attending the meetings (including a meeting adjourned for want of = quorum),=20 of the Advisory Committee or for the purpose of discharging any other = duties=20 prescribed under the Act, or under the Principle rules or under these = rules, on=20 the scale admissible to First Grade Officers of the Government of the = State or=20 of the Union Territory, as the case may be.

4.Meetings of the Advisory=20 Committees.- The = intervening=20 period between any two meetings of an Advisory Committee shall not = exceed sixty=20 days.

5.Notice of = meetings.- (1) At least seven clear days=92 notice = of all=20 meetings of the Advisory Committee shall be given to each member, but an = urgent=20 meeting may be called by the Chairman at three clear days=92=20 notice:

=20 Provided that if the Chairman is not available, and a meeting is = required=20 to be held within the time limit prescribed in Rule 4, the Appropriate = Authority=20 may call a meeting with seven clear days=92 notice after consultation = with not=20 less than four of the members of the Advisory = Committee.

(2)The notice shall state the business to = be=20 transacted at the meeting and no business other than that stated shall = be=20 transacted at such meeting except with the consent of the Chairman or on = his=20 motion.

6.Business ordinarily to be = transacted at=20 meetings.- The = business of the=20 Advisory Committee shall ordinarily be transacted at a meeting duly = called in=20 accordance with the provisions of these rules:

=20 Provided that the Chairman may, if he thinks fit, circulate any = urgent=20 matter among the members of the Advisory Committee for their=20 opinion.

7.Quorum.- At every meeting of the Advisory = Committee, four=20 members shall form a quorum.

8.Chairman of the = meeting.- Meetings of the Advisory Committee shall = be=20 presided over by the Chairman or in his absence, or if no Chairman has = been=20 appointed, by a member elected by the members present from among=20 themselves.

9.Assistance to be rendered by the = Appropriate=20 Authority to the Advisory Committee.- (1) Every meeting of the Advisory = Committee shall be=20 attended by the Appropriate Authority concerned.

(2)All secretarial and other assistance to = the=20 Advisory Committee for the discharge of its functions shall be provided = by the=20 Appropriate Authority.

(3)The Appropriate Authority shall issue = the notice=20 of meeting, agenda, notes on agenda and the minutes of the meeting, in=20 consultation with the Chairman, subject to the provisions of Rules 5,6, = 7 and=20 12.

10.Decisions on questions before the = Advisory=20 Committee.- (1) The = advice=20 tendered by the Advisory Committee shall be adopted, and in the event of = any=20 difference of opinion amongst the members, the matter shall be put to = vote and=20 decided by a simple majority of the members = present.

(2)The Appropriate Authority shall not have = a right=20 to vote.

(3)In the event of tie in votes, the = Chairman or in=20 his absence, the member presiding shall have a second or casting=20 vote.

(4)The fact of = any=20 question having been decided by the process of voting instead of by = adoption,=20 shall be recorded in the minutes of that meeting of the Advisory=20 Committee.

11.Vacancies etc. not to invalidate = proceedings=20 of the Advisory Committees.- No=20 meeting or proceeding of the Advisory Committee shall be invalid merely = by=20 reason of-

(a) = any vacancy = in, or any=20 defect in the constitution of the Advisory Committee; = or

(b) = any defect in = the=20 appointment of a person to be a member of the Advisory Committee;=20 or

(c) = any = irregularity in the=20 procedure adopted by the Advisory Committee not affecting the merits of = the=20 case.

12.Record of proceedings of the = Advisory=20 Committee.- One set of = the=20 agenda, notes on agenda, supporting documents and minutes of every = meeting of=20 the Advisory Committee shall be authenticated by the signature of the = Chairman=20 or in his absence by the signature of the member presiding, and = preserved by the=20 Appropriate Authority as permanent records.