The Delhi Artificial Insemination (Human) Act, 1995

TheDelhi Anificianusemiuanuu (Human) Am, 1995
Au ‘2 of was
Kayward(s).
Donor, Guvanlrn em Husvhal, Sam an, Sam an Ban k, Ducmr
DISCLAIMER Thlsducumzm Ishamg fumlshi/d w you {av yum Infuvmauun hyPRS
lzglslauvastzavch mu) Thzcuntzntsuhhlsducumzmham ham alumni/d fvum suuvcis
PRShdlzvzs u: minim Thzszcumzms hm "m hm Indzpzndzm‘y vzvlfmd, and ms
makzsnuvzpvzsimauun av wavvamy as n: ma accuvacy,cump|minissuv cuvvmmass 1n
sumacasaslthvmclpflAcland/av AmmdmzmAclmaynmhzavaflahk Pvmclpa‘Acls
mayuvmaynmmdudzsuhsiquzmammdmzms Fuv aulhuvnauvilixl,p\iasicumacllhi
va‘zvam skamdzpanmzm canczmi/d av my u: xhzlamsx gmmmm puhhcauun av Lhz
3mm nuuflcauun Anypzvsun usmg thsmalmfl shun‘d ”mm awn pvufzssluna‘ and
mm advlczhzfuvz mug on any Infuvmauun cumamzd m lhlsducumam vRs av WWW";
cunnzcmd wnh “do nulaccapl anyhahlhlyavlsmg fvum Lhz m uhhlsducumam was.“ any
pavwnscunnzcmd wnh n shal‘nmhz m any “Wigwam {av any‘uss,damagi,uv mm;
u: anypivsun an mum ufany acuun mm av um mm on ma basis of m; dummm

4 DELHI GAZETTE. 1 EXTRAORDINARY
16. mafiwhmafiaa—afimfismatfitfimmmmfiwfifiammmammmfla;
stein?"um-:11Elammmmflfiflémfimfifimwnmmmmfifimmammam}
Wmmm—mmmmmfimmfikmmmmfi'fit
11mm 11 12,13m14m3mfim3fimtfitfieqm—Ehmfifiseatfittmnafim1o 11 12,13fl114éifitrfi
WmmmtHewmfianwmmmfimmizuemwfifimmgefianmm—mmmfimmfi
mamafiwfitfit ‘-..
13. wmmmmmwmwmfimmme—mm-
mememfiemmwmmfimeammmnmwmmmwefi
-'
amt
(2) wfiwfififeafifiammumfimmmmmfimmaflfimafififisafifimam
armaialhfi‘im‘fi atttttrtttittmtfiae’lmttt
(3) mmefim1973(1974Hst2)fifi1fitfigewafiittm€fiamfiaatmuam§mmwfl y'
19. WW—wmmfimfimmwafifiwmmfimfiumafiéufiswfi
fiwrfiathfiiifiietfifiHfifiwfi‘gfl‘fiomfififiefi finfittafimefinfit -2-
"
20.
mfififimfimfimm—mfimafimmmafimfimfifimmmengine atfirq‘lttutmtft‘l'utttfime’rfiiafirttt mmmt
21.
fittttfififi‘qfitttfifi—U)
ettmt
rrmrftmfiatfiififimfimfiafufimfltafimafitflhgt
I.”
(151') WWW—1131mm
(11) fimmmmnmmmnm
(e)
fiammfintwufimafefimfifiwfitmmfinmtfinmaintain-ct}?
52135;!
(3) memttfiinahfitmnmrfimfi afiefimm’ttttfimmfiqmt '5 _
:15;
(4) mafufimmaimhnwnmnfimfimmfiafifltmmwflaifiufimfismflsmmmflm-
manquen:mmmemmnmwmnmmsmmnmmmmfimweJ
Mmmfifiétt‘lfififim th’tfiefitfl amfitmafiitfimfinfimfimmwfimtmsfimfi5'3‘Fi’
«Wm 3%th
31111214313113",th
-
I
1!
DEPARTMENT OF LAW, JUSTICE & LEGISLATIVE AFFAIRS
'
NOTIFICATION
'
Delhi the 26111 December, 1996
India on 30th Nevember, 1996 arid'is hereby published for general information:
—-
'
5.1%.-
THE DELI-{I ARTIFICIAL TNSEMINATION (HUMAN) ACT. I995 ( DELHI ACT NO. 12 OF 1996) !.
"As passed by the Legislative Assembly of the National Cepital Territory of Delhi
AN ACT
to provide for the regulation ofdonalion sale and supply of human semen and ovum for the purpose of artificial
Insemination and for matters connected therewith or incidental thereto. M
:
'_1_':..-
_.
....‘.
In":
“’L-
.
'qutfifiéyitfl
'
".‘
.:
U:
‘
'
tit;
.'
._:.'
"
~4‘nl:.\‘. I'l-

Be it enacted by ”H: William"?- "““B'T‘i‘lb’ Gl'tilr': Nfllionai C'dtrital 'l‘erritor} oI'Ltelhi in the l’nrtysittth Year of the
Republic cl‘lndiu as tirllons:—-.
l. ‘.'i|l[ll'l title, ertent and commencement—l l] 1 his Act may- hc called the Delhi Artificial insemination tllumaniAct. tfl‘tfi,
(I) it sikt‘ftliir, to the ‘sholc til the Natiratn'. Capital l'crrittex' oi lleliti.
ii; i: -.l1.:lt conic: into t'r-r: L- w- ._.. it .1 it; :!.,_- Lian. nintent u:.:_‘.', in IlUlIIICflllUfl ill the nl‘litiai f i.I?-‘llt.‘_ appoint.
1. Detinittous.— —-In this Act, unless the conical other-win:- requires
-_
in]. “Delhi“ means the National Capital Territory of Delhi:
(b) "donor" means the donor ur‘senren. in the case ul‘a male and ot ovum, tn the case ot‘a thrusle;
(c) "Government" means the Government ofthe National Capital TerritoryJ of Delhi:
{(1) "Government l-lospilai” means nny hospital established or maintained by the. Government. or the Municipal
t't-t‘poration ol'lJellti,or the New Delhi Muttii-ipal Council; perforating the function of tll'liliclill insemination and includes an)-
utilct' hospital which may he declared by the t'invemntent, by notification in the official Gazette. to be a Government hospital
for tire purposes of this Act;
(e) "Hospital" means any pt‘en-i‘scs itnludittg a maternity home, nttrsitng home, hospital or any other place not estab~
“she-Ll or rnninwined by GOVCITImCHI Itllltl‘i. used or intended to he used for storage, supply or artificial insemination ot'sennnr,
ff) "Qualified Medical Practitioner" means :1 medical practitioner raglan-red in any State or Union Territory in india
under a law For the registration of medical practitioners;
{g} ”Regstraticn" means the registration unite: st'clion 3 or“ this do :ust t:.-.- espression “registered” strait be con-
F.ittl:_'fl accordingly.
(ht "Semen" wherever it occurs in this Act, means the semen er ovum ul‘rnale and female human being, as the case
may be;
(i) “Semen Bank“ means any premises used of intended to be used for storage, sale donation, or supply ot'scrncn:
{j} "Supervisory nntlmrity" means the Director ol‘ l-lealth services, Government ol'National Capital Territory orificlhi.
3. Prohibition to carry on semen bani; without registration—wilt: person shall carry on a semen bamk in Delhi unless he
has been duly registered in respect of such semen bank and the registration in respect thereofhas not been cancelled under
section 3' ofthis Act.
-I. Registration of semen hanks—l I) Every person intending to carry on a semen bank in Delhi shall mat-re, every year, an
application for registration or the renewal thereof, to the Supervisory Authority:
Provided that in case (the semen bank which is tn existence at the date ot'the commencement ofthis Aer, an application
For registration under this Act, shall he made within three months from the date nl'such commencement.
(2} Every application for registration or renewal of registration shall he made on such date and in such form and shall
be accompanied by such fee, its may be prescribed.
5. Certificate or registratinn.——-( 1) Subject to the provisions ol this Act and the rules made thereunder, the Supervisory
httthority shall, on receipt of an application For registration. register the applicant in respect ol' the semen bank named in the
tpplication and issue to hint a certificate of registration in the prescribed form :
-
Provided that the Supervisory Authority may refuse to register the applicant ifit is satisfied—-
(a) that the applicant or any person employed by him at the semen bank. isnot a ill person to carry on or to be employed
at the semen hank named in the application; or
(b) that it does not hate: the qualified stall" or equipment to carry out the prescribed tests oi the donorlrecipient or : to
store the semen ; or
(c) that lbr reasons contracted with the situation. the construction, sluiTor equipment ol‘the semen bank orany premises
used in connection therewith, is or are not fit to be used for semen bank or such tleSeription as the semen bunk
mentioned in application or that the semen bank or premises is or are used or to be used for purposes which are. in
any only, improper. or undesirable in the case of such semen bank.
317). vital-~3-
.
.l
-._....-_-__
_
.._...—_._

'
'
DELHI GAZETTE l EXTRAORDINARY)
-
_
:1" lit—i
1+1»
I
i. Punishment for carrying on semen bank without registration.——Whoever contravenes the provisions ofsectionI
shalpfht“?
-
'
"
3e punishable \vilh line which may extend to five thousand rupees and'In the case of second or subsequent offence wi
'
.
\
mprisonment for a term which may extend to three months or with fine which may extend to five thousand l'llpCE5_ I?“
i. Cancellation of registration.—Subject to the provisions of this Act, the Supervisory Authority may, at any time, Lancef‘!
in: registration oftI person in respect of any semen bank on any ground which would entitle it to refuse an application for IEIE.
cgiittration oflhat person in respect ofthat semen bank or on the ground that the person has been convicted ofan offence under
his Actor that any other person has been convicted oi such an offenceIn respect of that semen bank.
'
l. Notice of refusal or of cancellation ofregistration and appeals.——( 1) Before making
an order refusing an application in;egistration or an order cancelling any registration, the Supervisory Authority shall give to the applicant or to the pers‘.1..fig,”
,.
egistered, as the case may be, not less than one month's notice ofits intention to make such an order and every such notice sh.5:late the grounds on which the Supervisory Authority intends to make the order and shall, before making the order give him
I
'
Ierson or by a representative} an opportunity ofshowing cause why the order should not be made
[2) Ifthe Supervisory Authority, after giving the applicant or the perSOn registered an opportunity ofshowing ca '7‘
Is aforesaid decides to refitse the applicantion for registration or to cancel the registration as the case may be, itshall make
Irder to that effect and shall send a copy of the order by registered post to the applicant or the person registered.=_
-
. provi
_
'
thing:
(3) Any person aggrieved by an order refusing an application for registration or cancelling any registration ma
vithin a month after the date on which the copy ofthe order was sent to him appeal to the Government
against such order I
if.
efusal. The decision of the Government or any such appeal shall be final . 2"‘
vhere notice of appeal isgiven against it, until the appeal has been decided or withdrawn. ._
_ ,_
.I.I_
._
'. inspection ofsemen banks and hospitals. -—-(l) The Supervisory Authority or anyoofficerempowered byu:I_.t'_t- this beh
nay, subject to such general or special orders as may be made by the Government com and inspect any Weswhich
Iscd or which the Supervisory Authority or the officer empowered by it has reasonable cause to believedietsudfprerrusesmat"
to used for the purpose ofsemen bank and may also enter Government hospital or any
hospitaL
'1
W 1 lg}?!
-
I I
'
o
be kept threat in accordance with the provisions of this Act.
'
I
h
IreInises or Government hospital or hospital as aforesaid, or to inspect any such records aforesatdb q nudist]: Supervise
tuthotity or the officer empowered by it in the execution ofthe
powers
under this sectiori he:s
.
lty'Ibi’figlbEgIIIhisAet
=
-
'
.
._ :19.
hen the donor shall be allowed to denote.
Explanation: The expression “HIV 1 and 2, ELISA Kit or E1 [SA Test" and “HIV" used in this section or in d
cctions of this Act denote respectively''Human immune Deficiency Virus Type 1 and Type 2“ “EnzymeLinked
[romporbent Kit or Enzyme Linked immune-sorbent Assay Test" and
“Human
Immune Dificiertcy Virus”.
- .-
-
I
o donate
(3) The semen bank shall keep complete bio-data, including mark ofidenlification, ofthe donor.
_
.1. Storage of donated semen before use.——~'lhe donated semen shall be stored either by cryo preservation ofliquid nitro
‘reezing or any other safe method for a period of minimum three months'In order to exclude window period of HIV I an_
nfection in the donor.
12. Second test on donor before use of donated semen.~—At lhe end of three months, a second ELISA Test shall, by -:
ame method be perfortned on the donor.
(3. Use of donated semen.——-lt', after conducting of necessary test, the donor'15 found fit, only then the semen shall be as I
I4. Duties ofqnalified medical practitionerfGovernment hospitals. etc. performing artificial insemination.——Tlte
qualiJ:
ied medical practitioner or Government hospital or hospital or the semen bank performing artificial insemination, as the case
nay he, shall—
--
:k.
u
III

r_I_Vl____ DELHI GAZETTE : EXTRAORDINARY 7
_I——-: —___
(a) keep complete record ofthe bio-data including mark ofidentification ofthe donor and the recipient ofthe semen or
ovum;
'
(b) test the recipient for "HIV 1 and 2" and sexually tmnsmitted diseases before performing artificial insemination;
(c) seek the written consent ofthe husband and the wife. seeking artificial insemination;
(d) seek the written consent ofthe donor and the recipient and their spouse, in case ofrequests ofsemen or ovum from
specified donor/recipient;
(e) not segregate the XX or XY choromosomcs for artificial insemination.
Explanation—The letters "XX“ and "KY" used in this clause denote "female sex" and "male sex" respectively;
(f) maintain secrecy about the identity of the donor and the recipient of the semenfovurn;
(g) seek the written consent of the recipient for using the semen on the basis of only one ELISA Test being negative
where facilities for onto-preservation and liquid nitrogen for semen are not available.
Power to call for information or to seize articles—ifthe Supervisory Authority has rcasbn to believe that'any of the
isions of this Act is being violated, he may call for any information or may seize any article, medicine or any other related
:5, admission register or other document maintaincdfkept or found at the place.
General provision for punishment of offences—Whoever contravenes any provision of this Act or of any rule or order
quisition made thereunder shall, ifno punishment is provided for the offence, be punishable for the first offence with fine
h may extend to five hundred rupees, and for second or subsequent offence with fine which may extend to two thousand
‘5.
.
Punishment for contravention ofprovisions of section 10,11,” 13 or [4.~—Whoever contravenes any of the provi-
of section 10, l 1,12,13 or 14 ofthis Act shall be punishable with imprisonment for a term which may extend to three
: and with minimum fine of five thousand rupees
Court competent to try offences under this Act and take cognizance ofoffences.—-{ 1) No court other than the court of
tropolitan Magistrate shall take cognizance of, and try an offence under this Act-
(2) No court shall take cognizance ofany offence under this Act except on a complaint in writing ofthe Supervi-
or any Officer authorised by it, in writing, in this behalf.
(3)
-
Notwithstanding anything containedIn
the Code ofCirIninal Procedure, 1973 (2 of 1974), offences
underthis
hall be non--cognizable and bailable.
Power to delegate—The Government may, by noti fication in the Official Gazette, direct that any power exercisable by
[or this Act, may also be exercised by such officer as may be mentioned therein, subject to such conditions, ifany, as may be
tied therein.
_
Protection ofaction taken in good faith.—-No suit, prosecution, or other legal proceedings shall lie against any officer,
visory Authority or Government for anything which is in good faith done or intended to be done in pursuance ofthis Act.
Power to make rules—(1) The Government may, by notification in the Official Gazette, make rules to carry out the
rses of this Act.
(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any
:
following matters, namely :——
(a) prescription of date and form of application and the fee required to be paid for registration of semen banks:
(1;) prescription of form of certificate ofregistration;
(c) prescription of tests in respect of donors/recipients;
(d) any other matter in respect of whtch this Act makes no provision or makes insufficient provision and provision is.
in the opinion ofthe Government, necessary.
(3) Any rule made by the Government shall be subject to previous publication thereofin the Official Gazette.
(4) Every rule made under this Act shall be laid as soon asmay be after it is made before the Legislative Assembly and
House agrees in making any modifications in the rule or the House agrees that the rule should not be made, the rule shall
Ifter have effect only in such modified form or he ofno effect, as the case may be. so, however, that any such modification
Iulment shall be without prejudice to the validity of anything previously done under that rule.
R.T.L. D'SOUZA, Under Secy. (LA).

‹ Prev All Delhi acts Next ›