Power to make rules

Section 50 of the Surrogacy (Regulation) Act, 2021 deals with power to make rules. The Central Government may, by notification and subject to the condition of pre-publication, make rules for carrying out the provisions of this Act. The Act came into force on 25 Jan 2022.

(1) The Central Government may, by notification and subject to the condition of pre-publication, 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 prescribed expenses under clauses (b), (f) and (q) of sub-section (1) of section 2;

(b) the minimum qualifications for persons employed at a registered surrogacy clinic under clause (iii) of section 3;

(c) the period and manner in which a person shall store human embryo or gamete under clause (vii) of section 3;

(d) the form and manner of application for obtaining certificate of recommendation from the Board under proviso to sub-clause (a) of clause (ii) of section 4;

(e) the insurance coverage in favour of the surrogate mother from an insurance company and the manner of such coverage under item (III) of sub-clause (a) of clause (iii) of section 4;

(f) the number of attempts of surrogacy or providing of gametes under the proviso to item (III) of sub-clause (b) of clause (iii) of section 4;

(g) the form in which consent of a surrogate mother has to be obtained under clause (ii) of section 6;

(h) the number of oocytes or embryos to be implanted in the uterus of the surrogate mother under section 9;

(i) the conditions under which the surrogate mother may be allowed for abortion during the process of surrogacy under section 10;

(j) the form and manner in which an application shall be made for registration and the fee payable thereof under sub-section (2) of section 11;

(k) the facilities to be provided, equipment and other standards to be maintained by the surrogacy clinics under sub-section (4) of section 11;

(l) the period, manner and form in which a certificate of registration shall be issued under sub-section (1) of section 12;

(m) the manner in which the certificate of registration shall be renewed and the fee payable for such renewal under sub-section (3) of section 12;

(n) the manner in which an appeal may be preferred under section 14;

(o) the qualifications and experiences of the Members as admissible under clause (f) of sub-section (2) of section 17;

(p) the procedures for conducting an inquiry against the Members under sub-section (2) of section 21;

(q) the conditions under which a Member of the Board eligible for re-appointment under section 24;

(r) the other functions of the Board under clause (g) of section 25;

(s) the manner in which reports shall be furnished by the State Assisted Reproductive Technology and Surrogacy Board and the Union territory Assisted Reproductive Technology and Surrogacy Board to the Board and the Central Government under clause (iii) of section 26;

(t) the other functions of the State Board under clause (iv) of section 26;

(u) the qualifications and experiences of the members as admissible under clause (f) of section 27;

(v) the age of the person to be appointed as a member, referred to in clause (f) of section 27, under the proviso to clause (b) of sub-section (1) of section 28;

(w) the procedures for conducting an inquiry against the members under sub-section (2) of section 31;

(x) the conditions under which the members of State Board eligible for re-appointment under section 34;

(y) empowering the appropriate authority in any other matter under clause (d) of section 36;

(z) the other powers of appropriate authority under clause (d) of sub-section (1) of section 37;

(za) the particulars of the details of registration of surrogacy clinics, cancellation of registration, etc., in such format under sub-section (2) of section 37;

(zb) the manner of giving notice by a person under clause (b) of sub-section (1) of section 44;

(zc) the period up to which records, charts, etc., shall be preserved under sub-section (1) of section 46;

(zd) the manner in which the seizure of documents, records, objects, etc., shall be made and the manner in which seizure list shall be prepared and delivered under sub-section (1) of section 47; and

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

Section 50, The Surrogacy (Regulation) Act, 2021 (Act 47 of 2021).