The Surrogacy (Regulation) Act, 2021
Administered Ministry: Ministry of Health and Family Welfare / Department of Health Research
Section
Section 21 Disqualifications for appointment as Member.
(1) A person shall be disqualified for being appointed and continued as a Member if, he—
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence, which in the opinion of the Central Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; or
(d) has acquired such financial or other interest, as is likely to affect prejudicially his functions as a Member; or
(e) has so abused his position, as to render his continuance in office prejudicial to the public interest; or
(f) is a practicing member or an office-bearer of any association representing surrogacy clinics, having financial or other interest likely to affect prejudicially, his function as a Member; or
(g) is an office-bearer, heading or representing, any of the professional bodies having commercial interest in surrogacy or infertility.
(2) The Members referred to in clause (f) of section 17 shall not be removed from their office except by an order of the Central Government on the ground of their proved misbehaviour or incapacity after the Central Government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the Central Government, come to the conclusion that the Member ought on any such ground to be removed.
(3) The Central Government may suspend any Member against whom an inquiry under sub-section (2) is being initiated or pending until the Central Government has passed an order on receipt of the report of the inquiry.
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence, which in the opinion of the Central Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; or
(d) has acquired such financial or other interest, as is likely to affect prejudicially his functions as a Member; or
(e) has so abused his position, as to render his continuance in office prejudicial to the public interest; or
(f) is a practicing member or an office-bearer of any association representing surrogacy clinics, having financial or other interest likely to affect prejudicially, his function as a Member; or
(g) is an office-bearer, heading or representing, any of the professional bodies having commercial interest in surrogacy or infertility.
(2) The Members referred to in clause (f) of section 17 shall not be removed from their office except by an order of the Central Government on the ground of their proved misbehaviour or incapacity after the Central Government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the Central Government, come to the conclusion that the Member ought on any such ground to be removed.
(3) The Central Government may suspend any Member against whom an inquiry under sub-section (2) is being initiated or pending until the Central Government has passed an order on receipt of the report of the inquiry.
Section 22 Temporary association of persons with Board for particular purposes.
(1) The Board may associate with itself, in such manner and for such purposes as may be determined by the regulations, any person whose assistance or advice it may desire in carrying out any of the provisions of this Act.
(2) A person associated with the Board under sub-section (1) shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the Board and shall not be a Member for any other purpose.
(2) A person associated with the Board under sub-section (1) shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the Board and shall not be a Member for any other purpose.
Section 23 Authentication of orders and other instruments of Board.
All orders and decisions of the Board shall be authenticated by the signature of the Chairperson and all other instruments issued by the Board shall be authenticated by the signature of the Member-Secretary of the Board.
Section 24 Eligibility of Member for re-appointment.
Subject to other terms and conditions of service as may be prescribed, any person ceasing to be a Member shall be eligible for re-appointment as such Member:
Provided that no Member other than an ex officio Member shall be appointed for more than two consecutive terms.
Provided that no Member other than an ex officio Member shall be appointed for more than two consecutive terms.
Section 25 Functions of Board.
The Board shall discharge the following functions, namely: —
(a) to advise the Central Government on policy matters relating to surrogacy;
(b) to review and monitor the implementation of the Act, and the rules and regulations made thereunder and recommend to the Central Government, changes therein;
(c) to lay down the code of conduct to be observed by persons working at surrogacy clinics;
(d) to set the minimum standards of physical infrastructure, laboratory and diagnostic equipment and expert manpower to be employed by the surrogacy clinics;
(e) to oversee the performance of various bodies constituted under the Act and take appropriate steps to ensure their effective performance;
(f) to supervise the functioning of State Assisted Reproductive Technology and Surrogacy Boards; and
(g) such other functions as may be prescribed.
(a) to advise the Central Government on policy matters relating to surrogacy;
(b) to review and monitor the implementation of the Act, and the rules and regulations made thereunder and recommend to the Central Government, changes therein;
(c) to lay down the code of conduct to be observed by persons working at surrogacy clinics;
(d) to set the minimum standards of physical infrastructure, laboratory and diagnostic equipment and expert manpower to be employed by the surrogacy clinics;
(e) to oversee the performance of various bodies constituted under the Act and take appropriate steps to ensure their effective performance;
(f) to supervise the functioning of State Assisted Reproductive Technology and Surrogacy Boards; and
(g) such other functions as may be prescribed.
Section 26 Constitution of State Assisted Reproductive Technology and Surrogacy Board.
Each State and Union territory having Legislature shall constitute a Board to be known as the State Assisted Reproductive Technology and Surrogacy Board or the Union territory Assisted Reproductive Technology and Surrogacy Board, as the case may be, which shall discharge the following functions, namely:—
(i) to review the activities of the appropriate authorities functioning in the State or Union territory and recommend appropriate action against them;
(ii) to monitor the implementation of the provisions of the Act, and the rules and regulations made thereunder and make suitable recommendations relating thereto, to the Board;
(iii) to send such consolidated reports as may be prescribed, in respect of the various activities undertaken in the State under the Act, to the Board and the Central Government; and
(iv) such other functions as may be prescribed.
(i) to review the activities of the appropriate authorities functioning in the State or Union territory and recommend appropriate action against them;
(ii) to monitor the implementation of the provisions of the Act, and the rules and regulations made thereunder and make suitable recommendations relating thereto, to the Board;
(iii) to send such consolidated reports as may be prescribed, in respect of the various activities undertaken in the State under the Act, to the Board and the Central Government; and
(iv) such other functions as may be prescribed.
Section 27 Composition of State Board.
The State Board shall consist of.---
(a) the Minister in-charge of Health and Family Welfare in the State, Chairperson, ex officio;
(b) the Secretary in-charge of the Department of Health and Family Welfare, Vice-Chairperson, ex officio;
(c) Secretaries or Commissioners in-charge of the Departments of Women and Child Development, Social Welfare, Law and Justice and Home Affairs or their nominees, members, ex officio;
(d) Director-General of Health and Family Welfare of the State Government, member, ex officio;
(e) three women members of the State Legislative Assembly or Union territory Legislative Council, members, ex officio;
(f) ten expert members to be appointed by the State Government in such manner as may be prescribed, two each from amongst---
(i) eminent medical geneticists or embryologists;
(ii) eminent gynaecologists and obstetricians;
(iii) eminent social scientists;
(iv) representatives of women welfare organisations; and
(v) representatives from civil society working on women's health and child issues,
possessing such qualifications and experiences as may be prescribed;
(g) an officer not below the rank of Joint Secretary to the State Government in-charge of Family Welfare, who shall be the Member-Secretary, ex officio
(a) the Minister in-charge of Health and Family Welfare in the State, Chairperson, ex officio;
(b) the Secretary in-charge of the Department of Health and Family Welfare, Vice-Chairperson, ex officio;
(c) Secretaries or Commissioners in-charge of the Departments of Women and Child Development, Social Welfare, Law and Justice and Home Affairs or their nominees, members, ex officio;
(d) Director-General of Health and Family Welfare of the State Government, member, ex officio;
(e) three women members of the State Legislative Assembly or Union territory Legislative Council, members, ex officio;
(f) ten expert members to be appointed by the State Government in such manner as may be prescribed, two each from amongst---
(i) eminent medical geneticists or embryologists;
(ii) eminent gynaecologists and obstetricians;
(iii) eminent social scientists;
(iv) representatives of women welfare organisations; and
(v) representatives from civil society working on women's health and child issues,
possessing such qualifications and experiences as may be prescribed;
(g) an officer not below the rank of Joint Secretary to the State Government in-charge of Family Welfare, who shall be the Member-Secretary, ex officio
Section 28 Term of office of members.
(1) The term of office of a member, other than an ex officio member, shall be---.
(a) in case of nomination under clause (e) of section 27, three years:
Provided that the term of such member shall come to an end as soon as the member becomes a Minister or Minister of State or Deputy Minister, or the Speaker or the Deputy Speaker of the Legislative Assembly, or the Deputy Chairman of the Legislative Council or ceases to be a member of the House from which she was elected; and
(b) in case of appointment under clause (f) of section 27, three years:
Provided that the person to be appointed as member under this clause shall be of such age, as may be prescribed.
(2) Any vacancy occurring in the office whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, shall be filled within a period of one month from the date on which such vacancy occurs by the State Government by making a fresh appointment and the member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed.
(3) The Vice-Chairperson shall perform such functions as may be assigned to him by the Chairperson from time to time.
(a) in case of nomination under clause (e) of section 27, three years:
Provided that the term of such member shall come to an end as soon as the member becomes a Minister or Minister of State or Deputy Minister, or the Speaker or the Deputy Speaker of the Legislative Assembly, or the Deputy Chairman of the Legislative Council or ceases to be a member of the House from which she was elected; and
(b) in case of appointment under clause (f) of section 27, three years:
Provided that the person to be appointed as member under this clause shall be of such age, as may be prescribed.
(2) Any vacancy occurring in the office whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, shall be filled within a period of one month from the date on which such vacancy occurs by the State Government by making a fresh appointment and the member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed.
(3) The Vice-Chairperson shall perform such functions as may be assigned to him by the Chairperson from time to time.
Section 29 Meetings of State Board.
(1) The State Board shall meet at such places and times and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as may be specified by the regulations:
Provided that the State Board shall meet at least once in four months.
(2) The Chairperson shall preside at the meetings of the Board and if for any reason the Chairman is unable to attend the meeting of the State Board, the Vice-Chairperson shall preside at the meetings of the State Board.
(3) All questions which come up before any meeting of the State Board shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the Chairperson, or in his absence, the Vice-Chairperson shall have a second or casting vote.
(4) The members, other than ex officio members, shall receive only compensatory travelling expenses for attending the meetings of the State Board.
Provided that the State Board shall meet at least once in four months.
(2) The Chairperson shall preside at the meetings of the Board and if for any reason the Chairman is unable to attend the meeting of the State Board, the Vice-Chairperson shall preside at the meetings of the State Board.
(3) All questions which come up before any meeting of the State Board shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the Chairperson, or in his absence, the Vice-Chairperson shall have a second or casting vote.
(4) The members, other than ex officio members, shall receive only compensatory travelling expenses for attending the meetings of the State Board.
Section 30 Vacancies, etc., not to invalidate proceedings of State Board.
No act or proceeding of the State Board shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the State Board; or
(b) any defect in the appointment of a person acting as a member of the State Board; or
(c) any irregularity in the procedure of the State Board not affecting the merits of the case.
(a) any vacancy in, or any defect in the constitution of, the State Board; or
(b) any defect in the appointment of a person acting as a member of the State Board; or
(c) any irregularity in the procedure of the State Board not affecting the merits of the case.
Section 31 Disqualifications for appointment as member.
(1) A person shall be disqualified for being appointed and continued as a member if, he
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence, which in the opinion of the State Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a member; or
(d) has acquired such financial or other interest, as is likely to affect prejudicially his functions as a member; or
(e) has so abused his position, as to render his continuance in office prejudicial to the public interest; or
(f) is a practicing member or an office-bearer of any association representing surrogacy clinics, having financial or other interest likely to affect prejudicially, his functions as a member; or
(g) is an office-bearer, heading or representing, any of the professional bodies having commercial interest in surrogacy or infertility.
(2) The members referred to in clause (f) of section 27 shall not be removed from their office except by an order of the State Government on the ground of their proved misbehaviour or incapacity after the State Government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the State Government, come to the conclusion that the member ought on any such ground to be removed.
(3) The State Government may suspend any member against whom an inquiry under sub-section (2) is being initiated or pending until the State Government has passed an order on receipt of the report of the inquiry.
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence, which in the opinion of the State Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a member; or
(d) has acquired such financial or other interest, as is likely to affect prejudicially his functions as a member; or
(e) has so abused his position, as to render his continuance in office prejudicial to the public interest; or
(f) is a practicing member or an office-bearer of any association representing surrogacy clinics, having financial or other interest likely to affect prejudicially, his functions as a member; or
(g) is an office-bearer, heading or representing, any of the professional bodies having commercial interest in surrogacy or infertility.
(2) The members referred to in clause (f) of section 27 shall not be removed from their office except by an order of the State Government on the ground of their proved misbehaviour or incapacity after the State Government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the State Government, come to the conclusion that the member ought on any such ground to be removed.
(3) The State Government may suspend any member against whom an inquiry under sub-section (2) is being initiated or pending until the State Government has passed an order on receipt of the report of the inquiry.
Section 32 Temporary association of persons with State Board for particular purposes.
(1) The State Board may associate with itself, in such manner and for such purposes as may be determined by the regulations, any person whose assistance or advice it may desire in carrying out any of the provisions of this Act.
(2) A person associated with it by the State Board under sub-section (1) shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the State Board and shall not be a member for any other purpose.
(2) A person associated with it by the State Board under sub-section (1) shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the State Board and shall not be a member for any other purpose.
Section 33 Authentication of orders and other instruments of State Board.
All orders and decisions of the State Board shall be authenticated by the signature of the Chairperson and all other instruments issued by the State Board shall be authenticated by the signature of the Member-Secretary of the State Board.
Section 34 Eligibility of member for re-appointment.
Subject to the other terms and conditions of service as may be prescribed, any person ceasing to be a member shall be eligible for re-appointment as such member:
Provided that no member other than an ex officio member shall be appointed for more than two consecutive terms.
Provided that no member other than an ex officio member shall be appointed for more than two consecutive terms.
Section 35 Appointment of appropriate authority. 1 docs
(1) The Central Government shall, within a period of ninety days from the date of commencement of this Act, by notification, appoint one or more appropriate authorities for each of the Union territories for the purposes of this Act and the Assisted Reproductive Technology Act.
(2) The State Government shall, within a period of ninety days from the date of commencement of this Act, by notification, appoint one or more appropriate authorities for the whole or any part of the State for the purposes of this Act and the Assisted Reproductive Technology Act.
(3) The appropriate authority, under sub-section (1) or sub-section (2), shall,---
(a) when appointed for the whole of the State or the Union territory, consist of---
(i) an officer of or above the rank of the Joint Secretary of the Health and Family Welfare Department--Chairperson, ex officio;
(ii) an officer of or above the rank of the Joint Director of the Health and Family Welfare Department--Vice Chairperson, ex officio;
(iii) an eminent woman representing women's organisation--member;
(iv) an officer of Law Department of the State or the Union territory concerned not below the rank of a Deputy Secretary-member; and
(v) an eminent registered medical practitioner--member:
Provided that any vacancy occurring therein shall be filled within one month of the occurrence of such vacancy;
(b) when appointed for any part of the State or the Union territory, be officers of such other rank as the State Government or the Central Government, as the case may be, may deem fit.
(2) The State Government shall, within a period of ninety days from the date of commencement of this Act, by notification, appoint one or more appropriate authorities for the whole or any part of the State for the purposes of this Act and the Assisted Reproductive Technology Act.
(3) The appropriate authority, under sub-section (1) or sub-section (2), shall,---
(a) when appointed for the whole of the State or the Union territory, consist of---
(i) an officer of or above the rank of the Joint Secretary of the Health and Family Welfare Department--Chairperson, ex officio;
(ii) an officer of or above the rank of the Joint Director of the Health and Family Welfare Department--Vice Chairperson, ex officio;
(iii) an eminent woman representing women's organisation--member;
(iv) an officer of Law Department of the State or the Union territory concerned not below the rank of a Deputy Secretary-member; and
(v) an eminent registered medical practitioner--member:
Provided that any vacancy occurring therein shall be filled within one month of the occurrence of such vacancy;
(b) when appointed for any part of the State or the Union territory, be officers of such other rank as the State Government or the Central Government, as the case may be, may deem fit.
Section 36 Functions of appropriate authority.
The appropriate authority shall discharge the following functions, namely:---
(a) to grant, suspend or cancel registration of a surrogacy clinic;
(b) to enforce the standards to be fulfilled by the surrogacy clinics;
(c) to investigate complaints of breach of the provisions of this Act, rules and regulations made thereunder and take legal action as per provision of this Act;
(d) to take appropriate legal action against the use of surrogacy by any person at any place other than prescribed, suo motu or brought to its notice, and also to initiate independent investigations in such matter;
(e) to supervise the implementation of the provisions of this Act and rules and regulations made thereunder;
(f) to recommend to the Board and State Boards about the modifications required in the rules and regulations in accordance with changes in technology or social conditions;
(g) to take action after investigation of complaints received by it against the surrogacy clinics; and
(h) to consider and grant or reject any application under clause (vi) of section 3 and sub-clauses (a) to (c) of clause (iii) of section 4 within a period of ninety days.
(a) to grant, suspend or cancel registration of a surrogacy clinic;
(b) to enforce the standards to be fulfilled by the surrogacy clinics;
(c) to investigate complaints of breach of the provisions of this Act, rules and regulations made thereunder and take legal action as per provision of this Act;
(d) to take appropriate legal action against the use of surrogacy by any person at any place other than prescribed, suo motu or brought to its notice, and also to initiate independent investigations in such matter;
(e) to supervise the implementation of the provisions of this Act and rules and regulations made thereunder;
(f) to recommend to the Board and State Boards about the modifications required in the rules and regulations in accordance with changes in technology or social conditions;
(g) to take action after investigation of complaints received by it against the surrogacy clinics; and
(h) to consider and grant or reject any application under clause (vi) of section 3 and sub-clauses (a) to (c) of clause (iii) of section 4 within a period of ninety days.
Section 37 Powers of appropriate authorities.
(1) The appropriate authority shall exercise the powers in respect of the following matters, namely:—
(a) summoning of any person who is in possession of any information relating to violation of the provisions of this Act, and rules and regulations made thereunder;
(b) production of any document or material object relating to clause (a);
(c) search any place suspected to be violating the provisions of this Act, and the rules and regulations made thereunder; and
(d) such other powers as may be prescribed.
(2) The appropriate authority shall maintain the details of registration of surrogacy clinics, cancellation of registration, renewal of registration, grant of certificates to the intending couple and surrogate mothers or any other matter pertaining to grant of license, etc., of the surrogacy clinics in such format as may be prescribed and submit the same to the National Assisted Reproductive Technology and Surrogacy Board.
(a) summoning of any person who is in possession of any information relating to violation of the provisions of this Act, and rules and regulations made thereunder;
(b) production of any document or material object relating to clause (a);
(c) search any place suspected to be violating the provisions of this Act, and the rules and regulations made thereunder; and
(d) such other powers as may be prescribed.
(2) The appropriate authority shall maintain the details of registration of surrogacy clinics, cancellation of registration, renewal of registration, grant of certificates to the intending couple and surrogate mothers or any other matter pertaining to grant of license, etc., of the surrogacy clinics in such format as may be prescribed and submit the same to the National Assisted Reproductive Technology and Surrogacy Board.
Section 38 Prohibition of commercial surrogacy, exploitation of surrogate mothers and children born through surrogacy.
(1) No person, organisation, surrogacy clinic, laboratory or clinical establishment of any kind shall.—
(a) undertake commercial surrogacy, provide commercial surrogacy or its related component procedures or services in any form or run a racket or an organised group to empanel or select surrogate mothers or use individual brokers or intermediaries to arrange for surrogate mothers and for surrogacy procedures, at such clinics, laboratories or at any other place;
(b) issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated, any advertisement in any manner regarding commercial surrogacy by any means whatsoever, scientific or otherwise;
(c) abandon or disown or exploit or cause to be abandoned, disowned or exploited in any form, the child or children born through surrogacy;
(d) exploit or cause to be exploited the surrogate mother or the child born through surrogacy in any manner whatsoever;
(e) sell human embryo or gametes for the purpose of surrogacy and run an agency, a racket or an organisation for selling, purchasing or trading in human embryos or gametes for the purpose of surrogacy;
(f) import or shall help in getting imported in, whatsoever manner, the human embryo or human gametes for surrogacy or for surrogacy procedures; and
(g) conduct sex selection in any form for surrogacy.
(2) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), contraventions of the provisions of clauses (a) to (g) of sub-section (1) by any person shall be an offence punishable with imprisonment for a term which may extend to ten years and with fine which may extend to ten lakh rupees.
(3) For the purposes of this section, the expression “advertisement” includes any notice, circular, label, wrapper or any other document including advertisement through internet or any other media, in electronic or print form and also includes any visible representation made by means of any hoarding, wall-painting, signal light, sound, smoke or gas.
(a) undertake commercial surrogacy, provide commercial surrogacy or its related component procedures or services in any form or run a racket or an organised group to empanel or select surrogate mothers or use individual brokers or intermediaries to arrange for surrogate mothers and for surrogacy procedures, at such clinics, laboratories or at any other place;
(b) issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated, any advertisement in any manner regarding commercial surrogacy by any means whatsoever, scientific or otherwise;
(c) abandon or disown or exploit or cause to be abandoned, disowned or exploited in any form, the child or children born through surrogacy;
(d) exploit or cause to be exploited the surrogate mother or the child born through surrogacy in any manner whatsoever;
(e) sell human embryo or gametes for the purpose of surrogacy and run an agency, a racket or an organisation for selling, purchasing or trading in human embryos or gametes for the purpose of surrogacy;
(f) import or shall help in getting imported in, whatsoever manner, the human embryo or human gametes for surrogacy or for surrogacy procedures; and
(g) conduct sex selection in any form for surrogacy.
(2) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), contraventions of the provisions of clauses (a) to (g) of sub-section (1) by any person shall be an offence punishable with imprisonment for a term which may extend to ten years and with fine which may extend to ten lakh rupees.
(3) For the purposes of this section, the expression “advertisement” includes any notice, circular, label, wrapper or any other document including advertisement through internet or any other media, in electronic or print form and also includes any visible representation made by means of any hoarding, wall-painting, signal light, sound, smoke or gas.
Section 39 Punishment for contravention of provisions of Act.
(1) Any registered medical practitioner, gynaecologists, paediatrician, embryologists or any person who owns a surrogacy clinic or employed with such a clinic or centre or laboratory and renders his professional or technical services to or at such clinic or centre or laboratory, whether on an honorary basis or otherwise, and who contravenes any of the provisions of this Act (other than the provisions referred to in section 38) and rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to ten lakh rupees.
(2) In case of subsequent or continuation of the offence referred to in sub-section (1), the name of the registered medical practitioner shall be reported by the appropriate authority to the State Medical Council concerned for taking necessary action including suspension of registration for a period of five years.
(2) In case of subsequent or continuation of the offence referred to in sub-section (1), the name of the registered medical practitioner shall be reported by the appropriate authority to the State Medical Council concerned for taking necessary action including suspension of registration for a period of five years.
Section 40 Punishment for not following altruistic surrogacy.
Any intending couple or intending woman or any person who seeks the aid of any surrogacy clinic, laboratory or of a registered medical practitioner, gynaecologist, paediatrician, embryologist or any other person for not following the altruistic surrogacy or for conducting surrogacy procedures for commercial purposes shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to five lakh rupees for the first offence and for any subsequent offence with imprisonment which may extend to ten years and with fine which may extend to ten lakh rupees