Section 5. Powers and functions of National Board

5. Powers and functions of National Board. — The National Board shall exercise and discharge the following powers and functions, namely:— (a) to advise the Central Government on policy matters relating to the assisted reproductive technology; (b) to review and monitor the implementation of the Act, rules and regulations made thereunder and recommend to the Central Government, any suitable changes therein; (c) to lay down code of conduct to be observed by persons working at clinics and banks, to set the minimum standards of physical infrastructure, laboratory and diagnostic equipment and expert manpower to be employed by clinics and banks; (d) to oversee the performance of various bodies constituted under this Act and take appropriate steps to ensure their effective performance; (e) to supervise the functioning of the National Registry and liaison with the State Boards; (f) to pass orders as per the provisions made under this Act; and (g) such other powers and functions as may be prescribed. B. STATE ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARD 5. The proposed legislation, namely, the Assisted Reproductive Technology (Regulation) Bill, 2020 proposes to regulate the Assisted Reproductive Technology services in the country. The salient features of the Bill are as follows:— (a) to define certain terms like "assisted reproductive technology", "assisted reproductive technology clinic", "commissioning couple", "Woman", etc.; (b) to provide that the National Board and the State Board shall be the same Board as proposed in the Surrogacy Bill; (c) to provide that the existing assisted reproductive technology clinics and the assisted reproductive technology banks, as on the date of the enactment of the proposed legislation, conducting assisted reproductive technology procedures partly or exclusively shall make an application to the Registration Authority within a period of sixty days from the date of establishment of the National Registry; (d) to provide that the assisted reproductive technology services shall be available to a woman above the legal age of marriage and below the age of fifty years and a man above the legal age of marriage and below the age of fifty-five years; (e) to provide that an oocyte donor shall be an ever married woman having atleast one live child of her own with a minimum age of three years and to donate oocytes only once in her life and not more than seven oocyte shall be retrieved from the oocyte donor; (f) to provide that the assisted reproductive technology clinics shall provide professional counselling to commissioning couple and woman about all the implications and chances of success of assisted reproductive technology procedures in the clinic; and they shall also inform the advantages, disadvantages and cost of the procedures, their medical side effects, risks including the risk of multiple pregnancy and any such other matter as may help the commissioning couple to arrive at an informed decision that would most likely be the best for the commissioning couple and woman; (g) to provide that the assisted reproductive technology clinics and assisted reproductive technology banks shall ensure that commissioning couple, woman and donors of gametes are eligible to avail of assisted reproductive technology procedures; (h) to provide for offences and penalties for the contravention of its provisions.