Section 42 - Assisted Reproductive Technology (Regulation) Act, 2021

The Assisted Reproductive Technology (Regulation) Act, 2021

42. Power to make rules. -

(1) The Central Government may by notification make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the other powers and functions of the National Board under clause (g) of section 5;

(b) the other powers and functions of the State Board under clause (b) of sub-section (2) of section 8;

(c) the terms of office and other conditions of service of scientific, technical and other employees of the National Registry under section 10;

(d) the other functions of the National Registry under clause (d) of section 11;

(e) the other functions of the appropriate authority under clause (h) of section 13;

(f) the other powers to be exercised by the appropriate authority under clause (d) of sub-section (1) of section 14;

(g) the format for granting of licences to the clinic or bank by the appropriate authority under sub-section (2) of section 14;

(h) the form and manner in which an application shall be made for registration and fee payable thereof under sub-section (2) of section 15;

(i) the facilities and equipments to be provided and maintained by the clinics and banks under sub-section (4) of section 15;

(j) the conditions, form and fee for application of renewal of the registration of clinic or bank under section 17;

(k) the manner in which an appeal may be preferred to the State Government or the Central Government under section 19;

(l) the criteria for availing the assisted reproductive technology procedures under clause (a) of section 21;

(m) the medical examination of the diseases with respect to which the donor shall be tested under clause (b) of section 21;

(n) the manner of making a complaint before a grievance cell and the mechanism adopted by the clinic under clause (f) of section 21;

(o) the manner of providing information by the clinics and banks to the National Registry under clause (j) of section 21;

(p) the amount of insurance coverage for oocyte donor under clause (b) of sub-section (1) of section 22;

(q) the manner of maintaining the records by the clinics and banks under clause (a) of section 23;

(r) the manner of collection of gametes posthumously under clause (f) of section 24;

(s) the other duties of clinics under clause (h) of section 24;

(t) the examination of the donors by the assisted reproductive technology banks for diseases under clause (c) of sub-section (2) of section 27;

(u) the manner of obtaining information in respect of a sperm or oocyte donor by a bank under sub-section (6) of section 27;

(v) the standards for the storage and handling of gametes, human embryos in respect of their security, recording and identification under sub-section (1) of section 28;

(w) the manner of obtaining the consent of the commissioning couple or individual for perishing or donating the gametes of a donor or embryo under sub-section (2) of section 28;

(x) the manner of performing research on human gametes or embryo within India under sub-section (2) of section 30;

(y) the manner of entry and search by the National Board, the National Registry or the State Board or any officer authorised by it under sub-section (1) of section 40;

(z) any other matter which is to be, or may be prescribed, or in respect of which provision is to be made by rules.