Section 17 in Jammu and Kashmir Pre-Conception and Pre-Natal Sex Selection/Determination (Prohibition and Regulation) Act, 2002
17. Appropriate Authority and Advisory Committee
(1) The Government shall appoint, by notification in the Government Gazette, one or more Appropriate Authorities for the whole or part of the Stale for the purposes of this Act having regard to the intensity of the problem of prenatal sex determination leading to female foeticide.(2)The officers appointed as Appropriate Authorities under sub-section (1) shall be(a)when appointed for the whole of the State, of the rank of the Director of Health Services; and(b)when appointed for any part of the State, of such other rank as the Government may deem fit.(3)The Appropriate Authority shall have the following functions, namely(a)to grant, suspend or cancel registration of a Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic;(b)to enforce standards prescribed for the Genetic Counselling Centre, Genetic Laboratory and Genetic Clinic;(c)to investigate complaints of breach of the provisions of this Act or the rules made thereunder and take immediate action;(d)to seek and consider the advice of the Advisory Committee, constituted under sub-section (5), on application for registration and on complaints for suspension or cancellation of registration;(e)to take appropriate legal action against the use of preconception sex selection techniques by any person at any place, brought to its attention or suo motto and also to initiate independent investigations in such matters;(f)to create public awareness against the practice of preconception sex selection or prenatal determination of sex;(g)to supervise the implementation of the provisions of the Act and Rules; and(h)to recommend to the State Supervisory Board modifications required in the Act or Rules in accordance with changes in technology or social conditions.(4)The Government shall constitute an Advisory Committee for each Appropriate Authority to aid and advise the Appropriate Authority in the discharge of its functions, and shall appoint one of the members of the Advisory Committee to be its Chairman.(5)The Advisory Committee shall consist of(a)three medical experts from amongst Gynaecologists, Obstetricians, Paediatricians and Medical Geneticists;(b)one legal expert;(c)one officer to represent the Department dealing with information and publicity of the Government; and(d)three eminent social workers of whom not less than one shall be from amongst representatives of women's organizations.(6)The Advisory Committee shall have the following functions, namely:(a)to pay surprise visits or periodic visits to Centres, Laboratories and Clinics with a view to check compliance of the provisions of Act and Rules;(b)to recommend to the Appropriate Authority cancellation or otherwise of registration of or prosecution against a centre, laboratory or clinic;(c)to check and prevent contravention of provisions of the Act or Rules in the area of its purview;(d)to advise Appropriate Authority about implementation of the Act and creation of public awareness on the issue of the sex selection; and(e)to seize machines as may be found appropriate.(7)No person who, in the opinion of the Government, has been associated with the use or promotion of Pre-Natal diagnostic techniques for determination or sex or preconception sex selection shall be appointed as member of the Advisory Committee.(8)The Advisory Committee may meet as and when it thinks fit or on the request of the Appropriate Authority for consideration of any application for registration or any complaint for suspension or cancellation of registration and to give advice thereon:Provided that the period intervening between any two meetings shall not exceed the prescribed period.(9)The terms and conditions subject to which a person may be appointed to the Advisory Committee and the procedure to be followed by such Committee in the discharge of its functions shall be such as may be prescribed.(10)In processing a complaint under this Act, the Appropriate Authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, Samvat 1977 while trying a suit in respect of the following matters, namely:(a)the summoning and enforcing attendance of any person and examining him on oath or on solemn affirmation;(b)the discovery and production of any documentary material object producible as evidence;(c)the reception of evidence on affidavits;(d)issuing of any commission for the examination of any witness; and(e)any other matter which may be prescribed.
