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The Delhi Artificial Insemination (Human) Act, 1995

Act 12 of 1996

Keyword(s):Donor, Government Hospital, Semen, Semen Bank, Doctor

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NOTIFICATIONDclhi Ihc 26th December, 996

As passcd by the Legislative Asscmbly o rheNational Capital Territory of DclhiAN ACT A,I .- .-%to provide for the regularion oidonalion, s le and supply o human semcn and ovu for he purpose o artificial ;?:;:. ..insemination and for matters connected therewith or incidental thereto . r l>. . . .

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\ "De hi \\cnri

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-egislered as h case m y be not less han one monlh s notice of ts int ntion to make such an order and v ry such not,talc the grounds on which the SupervisoryAuthority inrends lommake the order and shall, before makingh order, givel mon ur by a representarivc) an opportunity of showing cause why the order should not be made.

o donate.(3) he semen bank shall keep complete bio-data including mark of dentification, of the donor

nfection in the donor.2. Second t t o donor bcfore use of donatcd sen~cn AI lhe ena or lhr months a second ELlSA Test shall byamemethod be performed on lhc donor.

14. Duties of qualified medical practitioncrlGovernment hospitals etc. performing artificial insemination.-ale qui ed medical practitioner or Government bospiral or hospital or h semen b nk performing artificial insemination,nay be shall-

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r IV] ELHI G A Z E I T E E X ~ O Z D I ~ I A R Y 7(a) keep complete record of the bio-data includingmark of dentification of the donor and the recipicnt of the semen orovum;@ test the rccipienr or I W 1 and 2 and sexually transmined diseases before perfarming arlificid nscrnination;(c) seek h e written consent of h e husband and the wife, seeking mificial insemination;Id) scek the written consent of the donor and the r,ccipicnl and thcir spouse n c a s t af requests oFsemen or ovum Iromspecified dunorfrecipicnt;e) not segrcgale the XX orXY choromosomes for artificial inseminatioa.&planation.-The leners XX nd XY sed inhis clause denote femalesex and male sex respectiveIy;f) maintain secrecy about the identity of the donor and the recipicnt of the semenlovum;

(g) seek h e written consent of the recipient for using the semen on the basis or only onc ELISA Test being negativewhere facilities for cryo-preservationand liquid nitrogen Tor semcn are no1 availabIe.

Power to call for information or t o s e k articl~.-if the Supervisory Authority has reason to believe that-any of eisions oflhis Act is being violated, he may caIl for any information or may seizeany article, medicine or any other related;s, admission register or ofher document maintaillcdkept or found at the place.Cencrnl provision for punishment of oflenccs.--Whoever conmvencs any provision of this Act orof any rule or orderquisition madc thereunder shall, if no punishm~nts provided for the offcnce be punishable ror the first offence with fineh may extend to five hundred rupees, and for second ot subsequentoffencc with f i e which may extend to two thousand2s .-.Pul~ishmcnt or coat@venlion of o f section 10,11, IZ,13 or [&-Whoever contravenes ny of he provi-of scction 10, 1 , 12, 13 or I4 this Act shall be punishable with imprisonment foi a term which may extend to chree:and wilh minimum fine of five'thousand rupees.Court competent to try offences under this Act and Lake cognizan ce of o r f e n c e s . 4 1) No court otherthan he court oftropolitan Magistrata shall take cognizance of, and try an offcncc under this Act.

2 ) No ourt shall fakecognizanceof any offence under thisAct except on a complaint in writing of the Supervi-or any Officer authorised by it, n writing, in this behalf. .3) Nohviths~anding nylhingcon(akd in h e Code ofCirminal Procedure. 1973 (2of 19741, offencesunder thisl l a l l be non-cognizable and bailable.

Power lo delcgatc-The Governmentmay, by notification in the Ofticial Gamte , direct that any power exercisable byler this Act may also be exercised by such ofliccr as may be mentioned here iq subject lo such conditions, ifany, as may beGed therein.Protection oraction lakcn in good fnilh.-No suit prosecution, or o h er lcgal procccdings shall lie againstany oficer,visory Authority or Government for anything which is in good hi lh done or intcnded lo be done in pursuance of i s Act.Power lo makc rules.-(I) The Govemmcnl may, by nolifimtion i l l the OlTicial Gazette, make rulcs to caoy out Uielses of this Act.

(2) n particular, and without prejudice to die generalityof he foregoing power, such ru es may provide for all or any: following matters, namely :

(a) prescription of date and form of applicationand the fee required ro be paid for regisbation of semen banks;(b) prescription of form 1certificate of & ismtion;(c) prcscription of tesls in respect of donodrecipients;6) any other matter in respect of which this Act makes no provision or makes insuficient provision and provision is,in the opinion of the Government, n e c w a y .

(3) Any rule made by the Government shall be subject lo previous publication thereof n Ihe Oificial Gazetle.4) Every rulemade under this Act shall be laid as soon asm y be afier i t is made before lhe Legislalive Assembly andHouse agreesin making any modifications n he rule or tile House agrcesrhat the rule should not be made, the rule shall~Aer ave effect only in such modified form or be orno effect, as th case may &,so, however, that any such modification~ulmenthall bc without prejudice to h c vaIidity of anylhing previously done under t h a ~ule.

R.T.L. 'SOUZA, Undcr Sccy. (LA).