Bare Acts

CHAPTER III PROCEDURES FOR REGISTRATION


15. Registration of assisted reproductive technology clinic or assisted reproductive
technology bank. — (1) No person shall establish any clinic or bank for undertaking assisted
reproductive technology or to render assisted reproductive technology procedures in any form unless
such clinic or bank is duly registered under this Act.
(2) Every application for registration under sub-section (1) shall be made to the National Registry
through the appropriate assisted reproductive technology and surrogacy authority in such form,
manner and shall be accompanied by such fees as may be prescribed.
(3) Every clinic or bank which is conducting assisted reproductive technology, partly or
exclusively shall, within a period of sixty days from the date of establishment of the National Registry,
apply for registration:
Provided that such clinics and banks shall cease to conduct any such counselling or procedures on
the expiry of six months from the date of commencement of this Act, unless such clinics and banks
have applied for registration and is so registered separately or till such application is disposed of,
whichever is earlier.
(4) No clinics or banks shall be registered under this Act, unless the appropriate authority is
satisfied that such clinics and banks are in a position to provide such facilities and maintain such
equipment and standards including specialised manpower, physical infrastructure and diagnostic
facilities as may be prescribed.
16. Grant of registration. — (1) On receipt of the application under sub-section (1) of section 15,
the appropriate authority shall within a period of thirty days—
10
(i) grant registration subject to the provisions of this Act and the rules and regulations made
thereunder, and provide a registration number to the applicant; or
(ii) reject the application for reasons to be recorded in writing, if such application does not
conform to the provisions of this Act or the rules or regulations made thereunder:
Provided that no application shall be rejected unless the applicant has been given an
opportunity of being heard in the matter.
(2) If the appropriate authority fails to grant the registration or reject the application, as the case
may be, as provided under sub-section (1), the appropriate authority shall, within a period of seven
days from the expiry of the said period of thirty days specified under sub-section (1), provide a reason
for the failure to process the application.
(3) The appropriate authority shall, within a period of one month of registration being granted
under this section, intimate such registration to the State Board.
(4) The State Board shall maintain a record of all registrations applied for and granted under this
section.
(5) No registration shall be granted unless the State Board has inspected the premises of the
applicant.
(6) The registration granted under this section shall be valid for a period of five years from the
date of registration granted by the appropriate authority.
(7) The certificate of registration shall be displayed by the clinic or bank at a conspicuous place
and such certificate shall contain the duration of validity of such registration.
17. Renewal of registration. — The registration granted under section 16, may be renewed for a
further period of five years by the appropriate authority, on an application made by the applicant,
under such conditions, in such form and on payment of such fee as may be prescribed:
Provided that no application for renewal of registration shall be rejected without giving an
opportunity of being heard to the applicant.
18. Suspension or cancellation of registration. — (1) The appropriate authority may on receipt
of a complaint, issue a notice to the clinic or bank to show cause as to why its registration should not
be suspended or cancelled for the reasons mentioned in the notice.
(2) If after giving a reasonable opportunity of being heard to the clinic or bank, the appropriate
authority is satisfied that there has been a breach of the provision of this Act or the rules or regulations
made thereunder or if the data obtained from them periodically do not satisfy the provisions of this
Act, the rules and regulations made thereunder, it may, without prejudice to any criminal action,
suspend its registration for such period as it may deem fit or cancel its registration.
(3) On cancellation of registration, a copy of the cancellation letter shall be sent to the respective
State Board and accordingly the State Board shall cancel the registration of such clinics and banks.
19. Appeal. — The clinic or bank or the commissioning couple or the woman may, within a
period of thirty days from the date of receipt of the communication relating to order of rejection of
application, suspension or cancellation of registration passed by the appropriate authority under
section 16 or section 18, prefer an appeal against such order to—
11
(a) the State Government, where the appeal is against the order of the appropriate authority
of a State;
(b) the Central Government, where the appeal is against the order of the appropriated authority
of a Union territory,
in such manner as may be prescribed.
20. Power to inspect premises, etc.— The National Board, the National Registry and the State
Board shall have the power to, —
(i) inspect, any premises relating to assisted reproductive technology; or
(ii) call for any document or material,
in exercise of their powers and discharge of their functions. 

Back