Section 16 of The Assisted Reproductive Technology (Regulation) Act, 2021
- (1)On receipt of the application under sub-section (1) of section 15, the appropriate authority shall within a period of thirty days—
- (i)grant registration subject to the provisions of this Act and the rules and regulations made thereunder, and provide a registration number to the applicant; or
- (ii)reject the application for reasons to be recorded in writing, if such application does not conform to the provisions of this Act or the rules or regulations made thereunder: Provided that no application shall be rejected unless the applicant has been given an opportunity of being heard in the matter.
- (2)If the appropriate authority fails to grant the registration or reject the application, as the case may be, as provided under sub-section (1), the appropriate authority shall, within a period of seven days from the expiry of the said period of thirty days specified under sub-section (1), provide a reason for the failure to process the application.
- (3)The appropriate authority shall, within a period of one month of registration being granted under this section, intimate such registration to the State Board.
- (4)The State Board shall maintain a record of all registrations applied for and granted under this section.
- (5)No registration shall be granted unless the State Board has inspected the premises of the applicant.
- (6)The registration granted under this section shall be valid for a period of five years from the date of registration granted by the appropriate authority.
- (7)The certificate of registration shall be displayed by the clinic or bank at a conspicuous place and such certificate shall contain the duration of validity of such registration.
Summary
- The appropriate authority has thirty days to either grant or reject a registration application after receiving it.
- An application cannot be rejected without giving the applicant an opportunity of being heard.
- If the authority fails to decide within thirty days, they have seven days to provide a reason for their failure to process it.
- No registration is granted unless the State Board has inspected the applicant's premises.
- Once granted, the registration is valid for five years and the certificate must be displayed conspicuously.
- The appropriate authority must tell the State Board about the granted registration within one month, and the State Board maintains a record of all registrations.
Practical examples
FAQ
1. How long does the authority have to decide on a registration application?
They must grant or reject the application within a period of thirty days.
2. Can the authority reject an application immediately?
No, an application cannot be rejected unless the applicant has been given an opportunity of being heard.
3. Who must inspect the clinic before registration is granted?
The State Board must inspect the premises of the applicant.
4. How long does a granted registration last?
The registration is valid for a period of five years.
Test yourself
Q1.Under Section 16 of The Assisted Reproductive Technology (Regulation) Act, 2021, what triggers the thirty-day deadline for the appropriate authority to grant or reject a registration?
Q2.Under Section 16 of The Assisted Reproductive Technology (Regulation) Act, 2021, what happens if the appropriate authority fails to grant or reject the application within the initial thirty days?
Q3.Under Section 16 of The Assisted Reproductive Technology (Regulation) Act, 2021, what prerequisite must be met before any registration can be granted?
Q4.Under Section 16 of The Assisted Reproductive Technology (Regulation) Act, 2021, what requirement applies to the certificate of registration once it is granted?