Section 13 in Jammu and Kashmir Pre-Conception and Pre-Natal Sex Selection/determination (Prohibition and Regulation) Rules, 2006
13. Procedure for Search and Seizure
(1) The appropriate authority or any other officer authorized in this behalf may enter and search at all reasonable times any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Imaging Clinic, Ultrasound Clinic in the presence of two or more independent witnesses for the purpose of search and examination of any record, register, document, book, pamphlet, advertisement or any other material object found therein and seal and seize the same if there is reason to believe that it may furnish evidence of commission of an offence punishable under the Act.Explanation. In these rules ;(i)Genetic Laboratory/Genetic Clinic/Genetic Counselling Centre shall include an Ultrasound Centre/Imaging Centre/Nursing Home/Hospital/Institute or any other place by whatever name called, where any of the machines or equipments capable of selection of sex before or after conception or performing any procedure, techniques or test for prenatal detection of sex of foetus is used ;(ii)Material object shall include records, machines and equipments; and(iii)Seize and seizure shall include 'seal' and 'sealing' respectively.(2)A list of any document, record, register , book , pamphlet, advertisement or any other material object found in the Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic or Imaging Centre and seized shall be prepared in duplicate at the place of effecting the seizure. Both copies of such list shall be signed on every page by the appropriate authority or the officer authorized in this behalf and by the witnesses to the seizure.(3)One copy of the list referred to in sub-rule (2) shall be handed over, under acknowledgement to the person from whose custody the document, record, register, book, pamphlets, advertisement or any other material object have been seizedProvided further that a copy of the list of such document, record, register, book, pamphlet, advertisement or other material object seized may be delivered under acknowledgement or sent by registered post to the owner or manager of the Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic or Imaging Clinic, if no person acknowledging custody of the document, record, register, book, pamphlet, advertisement or other material seized is available at the place of effecting the seizure.(4)If a material object seized is perishable in nature, the expropriate authority or the officer authorized in this behalf shall make arrangements promptly for sealing, identification and preservation of the material object and also convey it to a facility for analysis or test, if analysis or test be required:Provided that the refrigerator or other equipment used by the Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic and Imaging Centre for preserving such perishable material object may be sealed until such time as arrangements can be made for safe removal of such perishable material object and in such eventuality, mention of keeping the material object on the premises of the Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic or Imaging Centre shall be made in the list of seizure.(5)In case of non-completion of search and seizure operation, the appropriate authority or the officer authorized in this behalf may make arrangement by way of mounting a guard or sealing of the premises of the Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic or Imaging Centre for safe keeping, listing and removal of documents, records, books or any other material object to be seized and prevent any tampering with such documents, records, books or any other material object.
