THE
PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE)
(ADVISORY COMMITTEE) RULES, 1996
G.S.R. 540 (E), dated 26th November, 1996- In exercise
of the powers conferred by Sec.32 of the Pre-natal Diagnostic Techniques
(Regulation and Prevention of Misuse) Act, 1994 (57 of 1994), the Central
Government hereby makes the following rules, namely:-
1.Short title and commencement.- (1) These rules
may be called the Pre-natal Diagnostic Techniques (Regulation and Prevention
of Misuse) (Advisory Committees) Rules, 1996.
(2)They
shall come into force on the date of their publication in the Official
Gazette.
2.Definitions.- In these
rules, unless the context otherwise requires:-
(a) “Act” means
the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse)
Act, 1994 (57 of 1994);
(b) “Advisory Committee”
means an Advisory Committee constituted under sub-section (5) of Section
17 of the Act;
(c) “Chairman”
means the Chairman of the Advisory Committee appointed under sub-section
(5) of Section 17;
(d) “Principle rules”
means the Pre-natal Diagnostic Techniques (Regulation and Prevention
of Misuse) Rules, 1996;
(e) “section”
means a section of the Act;
(f) “words and expressions”
used herein and not defined in these rules but defined in the Act or
in the principal rules, as the case may be, shall have the meanings,
respectively, assigned to them in the Act or in the principle rules.
3.Terms and conditions of appointment as a member of an Advisory Committee.-
(1) No person shall be appointed as a member of an Advisory Committee
if he –
(a) has been convicted and
sentenced to imprisonment for an offence which, in the opinion of the
Central Government or the State Government, as the case may be, involves
moral turpitude; or
(b) is an undischarged insolvent;
or
(c) is of unsound mind and
stands so declared by a competent Court; or
(d) has been removed or dismissed
from the service of the Government or a Corporation owned or controlled
by the Government; or
(e) has, in the opinion of
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 by him of his functions as a member of the Advisory Committee;
or
(f) has, in the opinion of
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 determination of sex.
(2)
Every member of an Advisory Committee shall be a resident of the State
or Union Territory, for which the Advisory Committee to which he is
appointed as a member, has been constituted.
(3)A
member of an Advisory Committee shall hold office during the pleasure
of the Central Government or the State Government, as the case may be.
(4)Subject
to the provisions of sub-rule (3), every such member shall hold office
for a period not exceeding three years:
Provided that any person holding office as a member of an Advisory
Committee immediately before the commencement of these rules shall hold
such office only for the term of three years from the date of his appointment.
(5)A
retiring member or a member whose term of office has expired by efflux
of time shall be eligible for re-appointment.
(6)A
casual vacancy in an Advisory Committee caused by the resignation, death,
transfer or removal of any member or otherwise shall be filled by fresh
appointment and the person so appointed shall hold office for a period
not exceeding the term of office of the member in whose place he is
appointed.
(7)The
Central Government or the State Government, as the case may be, may
remove from office any member of an Advisory Committee before the expiration
of his term of office.
(8)Every
member of an Advisory Committee shall be entitled to draw traveling
and daily allowances for journeys performed by him for attending the
meetings (including a meeting adjourned for want of quorum), of the
Advisory Committee or for the purpose of discharging any other duties
prescribed under the Act, or under the Principle rules or under these
rules, on the scale admissible to First Grade Officers of the Government
of the State or of the Union Territory, as the case may be.
4.Meetings of the Advisory Committees.- The intervening period between any two meetings of an Advisory Committee
shall not exceed sixty days.
5.Notice of meetings.- (1)
At least seven clear days’ notice of all meetings of the Advisory
Committee shall be given to each member, but an urgent meeting may be
called by the Chairman at three clear days’ notice:
Provided that if the Chairman is not available, and a meeting
is required to be held within the time limit prescribed in Rule 4, the
Appropriate Authority may call a meeting with seven clear days’
notice after consultation with not less than four of the members of
the Advisory Committee.
(2)The
notice shall state the business to be transacted at the meeting and
no business other than that stated shall be transacted at such meeting
except with the consent of the Chairman or on his motion.
6.Business ordinarily to be transacted at meetings.- The business of the Advisory Committee shall ordinarily be transacted
at a meeting duly called in accordance with the provisions of these
rules:
Provided that the Chairman may, if he thinks fit, circulate any
urgent matter among the members of the Advisory Committee for their
opinion.
7.Quorum.- At every meeting
of the Advisory Committee, four members shall form a quorum.
8.Chairman of the meeting.-
Meetings of the Advisory Committee shall be presided over by the Chairman
or in his absence, or if no Chairman has been appointed, by a member
elected by the members present from among themselves.
9.Assistance to be rendered by the Appropriate Authority to the Advisory
Committee.- (1) Every
meeting of the Advisory Committee shall be attended by the Appropriate
Authority concerned.
(2)All
secretarial and other assistance to the Advisory Committee for the discharge
of its functions shall be provided by the Appropriate Authority.
(3)The
Appropriate Authority shall issue the notice of meeting, agenda, notes
on agenda and the minutes of the meeting, in consultation with the Chairman,
subject to the provisions of Rules 5,6, 7 and 12.
10.Decisions on questions before the Advisory Committee.- (1) The advice tendered by the Advisory Committee shall be adopted,
and in the event of any difference of opinion amongst the members, the
matter shall be put to vote and decided by a simple majority of the
members present.
(2)The
Appropriate Authority shall not have a right to vote.
(3)In
the event of tie in votes, the Chairman or in his absence, the member
presiding shall have a second or casting vote.
(4)The fact of
any question having been decided by the process of voting instead of
by adoption, shall be recorded in the minutes of that meeting of the
Advisory Committee.
11.Vacancies etc. not to invalidate proceedings of the Advisory Committees.-
No meeting or proceeding of the Advisory Committee shall be invalid
merely by reason of-
(a) any vacancy in, or any
defect in the constitution of the Advisory Committee; or
(b) any defect in the appointment
of a person to be a member of the Advisory Committee; or
(c) any irregularity in the
procedure adopted by the Advisory Committee not affecting the merits
of the case.
12.Record of proceedings of the Advisory Committee.- One set of the agenda, notes on agenda, supporting documents and minutes
of every meeting of the Advisory Committee shall be authenticated by
the signature of the Chairman or in his absence by the signature of
the member presiding, and preserved by the Appropriate Authority as
permanent records.
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