PUNJAD GOVI GAZ. INTEA.), MAY 13, 1494 (V1SK. 23. 1916 SAKA)
PART I DEPARTMENT OF LEGAL AND LEGISLATIVE AFFARS, PUNJAB Notification T'c 13(h May, 1994 No. 16-Leg./94.-The following Act of th Legisl:ture of tho State of Punjab received 1!c assct of tho G vernor of Punjab o1 the 28ih April, 1994 and is here by publishod for general in'ormatio.:
2.
(Punjab Aet No. 16 of 1994) AN ACT to provide for the control and regulation of the medical or scientific techniques f pre-tatal diagnosis used solely for the purpose of detecting genetic or netabolic disorders or chromosonnal abnormalities or certain cOngenital anomalies or sex linked disorders and for the prevention of the misuse of these techni ques for the purpose of pre natal sex deternmination leading to female foeticide; and for matters connected therewith or incidental thercto.
BE it enacted by the Lrgislature of State of Punjab in th: Forty fifth Ycar of the Reputlic of India as follows:
CHAPTER 193 Prelininary I
1. () This Act may be callcd the Punjab Pre-natal Diagnostic Techniques (Cntrol and Rcgulation) Act, 1994.
(2) It extends to the whole of the State of Punjab.
(3) It shall come into force on such date as the State Governmc nt nay, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requircs,
(a) 'advertisement" means any notice, circular, label, wrapper, printed matter or ofher document on display and also includes any announce me nt or visible representation made with the help of light, sound, smoke, gas, ciie matograph films or video taps ;
(b) "Authority'" means the Authority constituted by the State Government under section 6;
(c) "District Vigilance Committee" means a Committce appoint ed as such under section l6 ;
(d) "genetic clinic'" mcans a place registered as sucli under this Act for the purpose of cCarrying out the activities of a genetic Counseling centre or as a genetic laboratory ;
Short title, extent and commence ment.
Definitions.
THE PUNJAB PRE-NATAL DIAGNOSTIC TECHNIQUES (CONTROL AND REGUL4TION) ACT, 1994 PUNIAD CONT GAZE XNTRA). MAY 13, 1604 193 (VY SK. 20 1916 SAKA)
PART I DEPARTMENT OF LEGAL AND LUGISLATIVE AFFAIRS, PUNJAB Notification The 13th May, 1994 No. 16-Leg./94. The following Act of th Legisl.ture of the State of Punjab received 1]c assert of the G wvernor of Punjab on the 28th April, 1994 and is hereby publishod for generel information : — THE PUNJAB PRE-NATAL DIAGNOSTIC TECHNIQUES (CONTROL AND REGULATION) ACT, 1994 (Punjak Act No. 16 of 1994) AN ACT to provide for the control and regulation of the medical or scientific techniques of pre-natal diagnosis used solely for the prrpose of detecting genetic or metabolic disorders or chromosomal abnormalities or certain congenital anomalies or sex linked disorders and for the prevention of the misuse of these techniques for the purpose of pre natal sex determination leading to Jemale foeticide ; and for matters connected therewith or incidental thereto.
Bg it enacted by the Legislature of State of Punjab in th: Fortyfifth Year of the Reputlic of India as follows :
CHAPTER 1 Preliminary
1. (I) This Act may be called the Punjab Pre-natal Diagnostic Shorttitle, extent Techniques (Control and Regulation) Act, 1994. and commence-
(2) It extends tc the whole of the State of Punjab. ments
(3) It shall come into force onsuchdate as the State Government may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires, - Definitions.
(a) “advertisement” means any notice, circular, label, wrapper, printed matter or other document on display and also includes any announcement or visible representation made with the help of light, sound, smoke, gas, cinematograph films or video taps ;
(b) “Authority” means the Authority constituted by the State Government under section 6 ;
(c) “District Vigilance Committee” means a Committee appointed as such under section 16 ;
(d) “genetic clinic’ means a place registered as such under this Act for the purpose of carrying out the activities of a genetic counselling centre oras a genetic laboratory ;
94 rUNJAB GOVT GAZ. U XTRA), MAY 13, 1994 (VYSK. 23, 1916 SAKA)
(c) gInetic counsclling ccntre" mcans an institute, hospital, nursing home or any otler place by whatc ver name called
(i) providing gcnetic counsc lling;
(ii) performing obstc trical or gynaccological procedures ; and (iii) taking samplsof amniotic fluid, chorionic villi, blood or any tissue of a pregnant woman for being sent to a genetic clinic or genctic laboratory for pre-natal diag nostic test:
()"gn:tic laboratory" m:ans a place registe red as such under this Act for the purpose of carryíng out the analysis tests of samples re ceived fron1 gnetic clinics or genetic Counselling centies for pre-natal diagnostic tests ; (g)"gynaecolcgist" means a or qualification in gynac colcgy aftcr obtaining the M.B.B.S.
person having a post-graduate degree or any ofhr de grce quisalnt threto ; (h) *medical geneticist m.ans a pCrSOn who has obtained a degree or diplom: or cTtificate in m:dical genetics in the field of pre-natal diagnostic tcchniques or has at least two years working cxpricnee in that field after obtaining any of th: following degrees, name ly: (i) th: M.B.B.S. degrae or any othor degre: equivale nt thereto ;
(ii) the M.Sc. or Ph. D. in Biological Scicpces or any other degree cquivalcnt the: eto;
() "medical institution" mcans a hospital, dispnsary or health centre by whatcver nam: callkd and includes a clinic, laboratory or any other place used for carrying out sex determination tests () "prC-natal diagnostic p'occdurCs* mcans all gynac colcgical or obstctrical cr m« dicl prcc dure s such as foetoscc py, taking oi rmoving sampls of amniotic fhuid, chorionic villi, blood or any lissue of a pre gna1 t woman for being SC nt to a gnetic cliniC 0r g ne tic laboratory for pre-natal diagnostic testing ;
(k) *pre-hatal diagnostic tchnique" includes pre-natal diagnostic proccdures and pre-natal diagostic tests (() "pre- natal diagnostic test" amniotic luid, chorionic villi, blocd or anv tissue of a means a test or analysis of pregnant woman carricd out in a gen tic clinic or genc tic laboratoIy in order to detect genc tie or metabolic dis ordcrs or chromnosomal ibnormalitics or certain congenital anomalics or hacmoglobinopathies or sex- linked diseases; (m) "prescribzd'" m:ans prescribel by rules made under this Act; (n) *registered medical practitionc1 " means a medical practitioner who possesses any of the recognised medical qualification$ as defined in clause (h) of section 2 of the Indian Medica) Council Act, 19$6 (Central Act 102 of 1956) and whose and 1cgistcrcd as such undcr this Act for the purpose of, 104 PUNIAB GOVT GAZ ( TRAD, MAY 13) 1994 (VYSEK. 2 1910 SAKA) (¢) “genctic counselling c pte” means an institute, hospital, nursing home or any other place by whatever name called and acgistered as such under this Act for the purpose of —
(i) providing genetic counselling ;
(ii) performing obstetrical or gynaecological procedures ; and
(iii) taking sampl ¢ of amniotic fluid, chorionic villi, blood or any tissu: of a pregnant woman for being sent to a genetic clinic or genetic laboratory for pre-natal diag:
nostic test
(f) “genctic laboratory” mcans a place registered as such under this Act for the purpose of carrying out the analysis or tests of samples received from genetic clinics or genetic counselling centres for pre-natal diagnostic tests ;
(g) “‘gynaecolcgist” means a pcrson aving a post-graduete qualification in gynaccelegy after obtaining the M.B.B.S.
degree or any other degree cquivelont thereto
(7) “medical geneticist” moans a person who has obtained a degree or diplome or czrtificate in medical genetics in the field of pre-natal diagnostic techniques or has at least two years working ¢xporicnce in that field after obtaining any of th: following degrees, namely: —
(i) th: M.B.B.S. degree or any other degre: equivalent thereto ;
or
(if) the M.Sc.or Ph. D.in Biological Scicnces or any other degree cquivalent thereto;
() “medical institution” means a hospital, dispensary or h2alth centre by whatever name callid and includes a clinic, laboratory or any other place used for carrying out sex determination tests
(j) “pre-natal dizgnostic procedures” means all gynaccolcgical or obstetrical or medicc] preecdures such as foetosec py, taking oi ramoving cemples of amniotic fluid, chorionic villi, blood or any tissue of a pregnant woman for being sent toa genetic clinic or gonctic laboratory for pre-natal diagnostic testing
(k) “pre-natal diagnostic technique” includes pre-natal diagnostic procedures and pre-natal diagnostic tests () “pre-natal diagnostic test” amniotic ;
ug means a test or analysis of fluid, chorionic villi, blood or anv tissue of a pregnant woman carricd out ina genetic clinic or gencltic laboratory in order to detect genetic or metabolic dis orders or chromosomal abnormalitics or certain congenita anomalies or hacmoglobinopathies or sex-linked diseases;
(m) Prost ibzd™ means prescribed by rules made under this Act;
(n} “registered medical practitiona” means « medical practitioner who possesses any of the recognised medical qualifications as defined in clause (4) of section 2 of the Tndian Medical Council Act, 1956 (Central Act 102 of 1956) and whose PUNJAB GOVT GAZ. (EXTRA.), MAY 13, 1994 (VYSK. 23, 1916 SAKA) nam: has ben entered in he Punjab Mdical Register preparcd or deem:d to b: prepared and maintaincd under the Punjab Mdical Registration Act, 1916 (Purjab Act 2 of 1916) ;
(o) 'section" mans a section of this Act ;
(p) "State Vigilance Committee" m:ans the Committee appointed as such by th State Govern° mnt under section 13 ;
(gy voluntary organisation" m:ans any voluntary organisation working in th: field of health or women welfare or human rights and has been recogniscd as such by the State Governmnt for the purpose of this Act.
CHAPTER II Registration and control of genetic clinics, genetic laboratories and genetic coUNselling centres 195
3. () No p:IS•N shall carry out or associate or assist in carrying with out activities relating to the pre-natal diagnostic techniques the help of prc-natal diagnostic proc:durcs in ary gn:tic clinic, genetic labTratory or gntic counslling cntrs or any othr place unless it is registercd undcr this Act.
(2) No prson shallemploy or u:ilise services, whether in honorary capacity or on payment basis of any prson in any gen:tic clinic, genetic laboratory or gnetic Counselling centre unless the p:rson so c mployed possesses the precribcd qualifications.
(3) No mdical geneticist or a mdical practitioner or any other person shali carry out or assist in carrying out or cause to b: carricd out either hims:lf or through his assistants, agents or associatcs any pre natal diagnostic tc chniqucs at a plac: othcr than genctic clinic, genetic laboratory or gnetic counselling ccntre rcgistrd under this Act.
4. () No person shall use or cause to be used any pre-natal dia gnostic procedures or pre-natal diagnostic techniques except for the purpose and subject to the conditions specificd in sub-sections (2) and (3).
(2) The pre-natal diagnostic procedures or pre-natal diagnostic techniques shall be carried out solely for the purpose of detection of any one or more of the following abnormalities and diseases, namely:
(i) the chromosomal abnormalities;
(ii) the genetic metabolic disease ;
(üi) the haen1oglobinopathies ;
(iv) the sex-linked genetic disease ;
() the congenital abnormalities ; and
(vi) any other abnormalities or diseases as may be declared by the Authority for the purposes of this section.
(3) The pre-natal diagnostic procedures or pre-natal diagnostic techniques shall not bc used or carried out unless the person qualified $o do so is satisfied that one or more of the following conditions are fulfilled in e�ch case, namely Registration of genetic clinics, genetic laborato ries and genetíe counselling Centrcs.
cf Regulation pre-natal diagnostic pro cedures and pre natal diagn ostic techniques.
PUNJAB GOVT GAZ. (EXTRA), MAY 13. 1994 193 (VYSK. 23,1916 SAKA) nam: has been entered in the Punjab Medical Register prepared or deem>d to bz prepared and maintained under the Punjab Mcodical Registration Act, 1916 (Punjab Act 2 of 1916) ;
(0) ‘‘section” m:zans a scction of this Act ;
(p) “State Vigilance Committee” moans ths Committee appointed as such by the State Governcm-nt under section 13 ;
(gs “voluntary organisation” m:ans any voluntary organisation working in th: fizld of hzalth or women welfare or human rights and has bzen recognised as such by the State Governinent for the purpose of this Act.
CHAPTER 1I Registration and control of genetic clinics, genetic laboratories and genetic counselling centres
3. (1) No pe:rson shallcarry ou or associate or assist in carrying out activities relating to the pre-natal diagnostic techniques with the help of pre-natal diagnostic proc:durcs in any ganztic clinic, genetic laboratory or g-'n-tic couns:lling contres or any other place unless it is registered undcr this Act.
(2) No person shallemploy or utilise services, whether in honorary capacity or on payment basis of any p:rion inany gan:tic clinic, genetic laboratory or g:nztic counszlling contre unless the persen so employed possesses the precribed qualifications.
(3) No medical geneticist or a m>dical practitioner or any other person shalicarry out or assist in carrying outor cause to be carried out either himszIf or through his assistants, agents or associates any prenatal diagnostic techniques ata plac: other than genctic clinic, genstic laboratory or genetic counselling centre registered under this Act.
4. (I) No person shall use or cause to be used any pre-natal diagnostic procedures or pre-natal diagnostic techniques except for the purpose and subject to the conditions specified in sub-sections (2) and (3).
(2) The pre-natal diagnostic procedures or pre-natal diagnostic techniques shall be carried out solely for the purpose of detection of any one or more of the following abnormalities and diseases, namely:
(i) the chromosomal abnormalities;
(ii) the genetic metabolic disease ;
(iii) the haemoglobinopathies ;
(iv) the sex-linked genetic disease ;
(v) the congenital abnormalities ; and
(vi) any other abnormalities or diseases as may be declared by the Authority for the purposes of this section.
(3) The pre-natal diagnostic procedures or pre-natal diagnostic techniques shall not be used or carried out unless the person qualified to do so is satisfied that one or more of the following conditions are fulfilled in each case, namely :— Registration of genetic clinics, genetic Jaboratories and genetic counselling centres.
Regulation of pre-natal diagnostic procedures and prenatal diagnostic techniques.
Prohibition of pre-natal diagnostic pro cedures and techniques for Constitutjon of the Authority.
196 PUNJAB GOVT GAZ. (EXTRA.), MAY 13, 1994 (VYSK. 23, 1916 SAKA)
(i) the age of the prcgnant woman is above thirty-five veare .
(ii) the pregnant woman has had h story of two or more abortions or foctal loss;
(ii) the pregnant woman has the previous history of exposure of potentially teratogenic drugs, radiation, infection or hazardous chemicals
(iv) there is a family history of mental retardation or physical deformities such as spastic or deafmute child or any other genetic disease ; and () any other condition as may be specified by the Authority.
(4) Before carrying out the pre-natal diagnostic procedures or the pre-natal diagnostic techniques, the person qualified to do so shall obtain a written consent of the pregnant woman in the prescribed form after clearly explaining to her all possible side-effects and after effects of such procedures or techniques.
5. () No person shall use any pre-natal diagnostic procedures or pre-natal diagnostic techniques including ultrasonography for the purpose of indicating the sex of a foetus with or without the possible object of female foeticide.
(2) No person shall give advertisement in any manner regarding the facilities or pre-natal prediction of sex available at any genetic clinic, genetic laboratory or genetic counselling centre.
(3) No person shall seek to get the pre-natal diagnostic procedures done or pre-natal diagnostic techniques carried out for a purpose other than thc purposc specified in sub-section (2) of section 4.
CHAPTER III State Supervisory Authority
6. () The State Government, shall, as soon as may be, after the commencement of this Act, by notification, constitute an authority (hereinafter referrcd to as the Authority) with such designation as it may deem fit to exercise funclions assigned to it under this Act.
(2) The Authority constituted under sub-section (I) shall be subject to the superintendence, direction and control of the State Government.
(3) The Authority constituted under sub-section (1) shall consist of the following members, namely:
(i) he Director, Health and Family Welfare, Punjab, who Snai be the ex-officio Chairman;
(ii) the State Family Welfare Officer Puniab, who shall oe the ex-officio Sec etary ;
(ii) two representatives of the voluntary organisationS ;
(iv) th: Director of Medical Educat'on and Research, Punjab O' his representative not beloy the rank of a Depuly Director o Medical Fdueation and Research, Punjab;
(v) a gynacco' ogist ;
cert.in purposes, 196 PUNJAL GOVT GAZ. (LXTRA.), MAY 13, 1994 (VYSK. 23, 1916 SAKA) errr
(7) the age of the pregnant woman is above thirty-five years : H
(ii) the pregnant woman has abortions or foctal loss ;
had hstory of two or more
(iif) the pregnant woman has the previous history of exposure of potentially teratogenic drugs, radiation, infection or hazardous chemicals ;
(iv) there is a family history of mental retardation or physical deformities such as spastic or deafmute child or any ‘other genetic disease ; and
(v) any other condition as may be specified by the Authority.
(4) Before carrying out the pre-natal diagnostic procedures or the pre-natal diagnostic techniques, the person qualified to do so shall obtain a written consent of the pregnant woman in the prescribed form after clearly explaining to her all possible side-effects and aftereffects of such procedures or techniques.
Prohibition of 5. (I) No person shall use any pre-natal diagnostic procedures pre-natal : A h f .
diagnostic Pro- or pre-natal diagnostic techniques including ultrasonography for the cedures and purpose of indicating the sex of a foetus with or without the possible techniques for object of female foeticide.
cert.in purposes,
(2) No person shall give advertisement in any manner regarding the facilities or pre-natal prediction of sex available at any genetic clinic, genetic laboratory or genetic counselling centre,
(3) No person shall seek to get the pre-natal diagnostic procedures done or pre-natal diagnostic techniques carried out for a purpose other than the purpose specified in sub-section (2) of section 4.
CHAPTER III State Supervisory Authority Constitution of the 6. (I) The State Government, shall, as soon as may be, after the Authority, commencement of this Act, by notification, constitute an authority (hereinafter referred to as the Authority) with such designation as it may deem fit to exercise functions assigned to it under this Act.
(2) The Authority constituted under sub-section (/) shall be subject to the superintendence, direction and control of the State Government.
(3) The Authority constituted under sub-section (1) shall consist of the following members, namely: —
(i) he Director, Health and Family Welfare, Punjab, who shat be the ex-officio Chairman; hall be . > shal
(if) the State Family Welfare Officer, Punjab, who the ex-officio Sec etary ; ations
(iff) two representatives of the voluntary organisetit puiah
(iv) the Director of Medical Educat'on and Rot a Depu y or his representative not below the ch. Punjab:
Director 0 Medical Education and Research, jan;
(v) a gynaeco'ogist ; 3 PUNJAB GOVT GAZ. (EXTRA.), MAY 13, 1994 (VYSK 23, 1916 SAKA)
(4) The members referred to in clauses (ii), (v), (i) and (vil) of sub-section (3) shall be nominated by the State Government.
(2) vi) a medical geneticist ;
(vii) a representative of the Indian Council of Mcdical Rescarch.
(5) The Authority may invite at its meeting any Civil Surgeon of a District as an invitee-member whenever it thinks necessary.
to day by 197
7. () The Authority shall meet as and when it deems necessary but not less than two meetings of tke Authority shall be held every year.
(3) The Authority may frame regulations for conduct of its day business.
All decisions in the meetings of the Authority shall be taken a simple majority of members present at a meeting and the quorum for a meeting shall be of five including the Chairman.
(4) No act or decision of the Authority shall be vitiated or held as invalid merely on the ground of existence of any vacancy amongst its members or by reason of defect or irregularity in its constitution or any irregularity in its procedure not affecting the merits of the case.
(5) In the event of occurrence of a vacancy in the membership of the Authority as a result of death, resignation, removal or otherwise, the Vacancy shall be filled expeditiously by the State Government and until the vacancy is so filled, the remaining members shall continue to function as if no vacancy has occured.
(6) The term of office and other terms and conditions of the non official members shall be such as the State Governnment may, from time to time, deter1mine.
8. (/) The Authority shall, subject to the gereral directions of the State Government perform all cr any cf tte fcllcw ing functions, () to advise the State Covernn ent on relicy matters relating to the use of pre-natal diagnostic procedures and pre natal diagnostic techniques ;
(") to make reccmmendations to tke State Governnent, keeping in view the progress in science, evolution of new procedures and techniques in the field ef medical and other sçientitic techniques of pre-natal diagnosis;
Mecting of the Authority.
Functions of the Authority.
namely :
PUNJAB GOVT GAZ. (EXTRA), MAY | 3, 1991 197 (VYSK 23, 1916 SAKA) vi) a medical geneticist;
(vif) a representative of the Indian Council of Medical Research.
(4) The members referred to in clauses (iif), (v), (vi) and (vii) of sub-section (3) shall be nominated by the State Government.
(8) The Authority may invite atits meeting any Civil Surgeon of a District as an invitee-member whenever it thinks necessary.
7. (I) The Authority shall meet as and when it deems necessary but not less than two meetings of tke Authority shall be held every year.
(2) The Authority may frame regulations for conduct of its day to day business.
(3) All decisions in the meetings of the Authority shall be taken by a simple majority of members present at a meeting and the quorum for a meeting shall be of five including the Chairman.
(4) No act or decision of the Authority shall be vitiated or held as invalid merely on the ground of existence of any vacancy amongst its members or by reason of defect or irregularity in its constitution or any irregularity in its procedure not affecting the merits of the case.
(5) In the event of occurrence of a vacancy in the membership of the Authority as a result of death, resignation, removal or otherwise, the vacancy shall be filled expeditiously by the State Government and until the vacancy is so filled, the remaining members shall continue to function as if no vacancy has occurred.
(6) The term of office and other terms and conditions of the nonofficial members shall be such as the State Government may, from time to time, determine.
8. (/) The Authority shall, subject to the general directions of the State Government perform all cr any of the fellowing functions, namely :—
(i) to advise the State Covernment on policy matters relating to the use of pre-natal diagnostic procedures and prenatal diagnostic techniques ;
(i) to make reccmmendations tc the State Government, }eeping in view the progress in science, evolution of new procedures and techniques in the field of medical and other scientific techniques of pre-natal diagnosis;
Meeting of the Authority.
Functions of the Authority.
198
(iii) PUNJAB GOVT GAZ. .(EXTRA.), MAY 13, 1994 (VYSK. 23, 19l6 SAKA) to consider applications made to it under section 9 for the grant, or, under section 10) for the renewal of, certificates of registration in respect of genctic clinics, genetic labora tories and genetic counsclling centres;
(iv) to consider complaints made to it under this Act and the rules made thereunder and to take action for the sus pension or cancellation of ccrtificates of registration under scction 11;
() to issue guidelines for the standards to be maintained in (he genetic clinics, genetic laboratories and genetic counselling centres;
(vi) to supervise and monitor genetic laboratories and clinics, centres;
the performance
(vii) to evolve a code of conduct for the persons who manage or run the genetic clinics, genetic centres and for the persons employed thercin;
of genetic genetic counselling ("iii) to create public awareness against the practice of female foeticide which results in discrimination against Women even from the pre-natal stage;
(ix) generally to supervise the implementation of the provisions of this Act and the rules made thereunder ; and OWn.
(*) to perform such other functions as the State Government may specify.
(2) In discharging its functions under this Act, the Authority shall have all the powers of a civil court trying a suit and, in particular, in respect of the following matters, namely :
(c) receiving evidence on aftidavits; and
(a) summoning and enforcing the attendance of any person, and examining him on oath or affirmation;
ocuments.
(b) requiring the discovery and production of any document;
(d) issuing commissious for the exnination of witnesses and ~ 108 PUNJAB GOVT GAZ. (LXTRA.), MAY 13. 195 (VYSK. 23, 191 SAKA) 19 to consider applications made to it under section grant, or, under section 10 for the renewal of, certificates of registration in respect of genetic clinics, genetic laborg tories and genetic counselling centres; ) — (ify 9 for the
(iv) to consider complaints made to it under this Act and the rules made thereunder and to take action for the suspension or cancellation of certificates of registration under section 11;
(v) to issue guidelines for the standards to be maintained in the genetic clinics, genetic laboratories and genetic counselling centres;
(vi) to supervise and monitor the performance of genetic clinics, genetic laboratories and genetic counselling centres ; 3
(vii) to evolve a code of conduct for the persons who own, manage or run the genetic clinics, genetic centres and for the persons employed therein;
(viii) to create public awareness against the practice of female foeticide which results in discrimination against women even from the pre-natal stage;
(ix) generally to supervise the implementation of the provisions of this Act and the rules made thereunder ; and
(x) to perform such other functions as the State Government may specify.
(2) In discharging its functions under this Act, the Autherity shall have all the powers ofa civil court trying a suit and, in particular, in respect of the following matters, namely :—
(a) summoning and enforcing the attendance of any persor and examining him on oath or affirmation;
; any ument;
(b) requiring the discovery and production ob any document;
(c) receiving evidence on affidavits; and
(d) issuing commissions for (he examination of witnesses &0% documents.
pUN0AB GOVT GAZ.(EXTRA.), MAY 13, 1994 (VYSK. 23, 1915 SAKA) REGISTRATION CIIAPTER IV OF GENETIIC CLINICS, Cen.re.
199 LABORATORIES AND GENETIC COUNSELLING CENTRES GENETIC o () Every person who is running a gcnetic clinic, genetic Lharatory or genetic counsSellnp centre and is engaged, cither partly or exclusively, in pre-natal dingrosti tecl niqucs for the purpose specified Ch.section (2) of section 4 skal, within sixty days from such date as h State Government may, by notilication, appoint in this behalf adate not carlier han the date of the constitution of the Auth0 lty make an application to the Authority for the registration of such netic clinic, genetic laboratory or genetic counselling centre, as the
(2) An application under sub-section () shall be made in such form and manner and shall be accompanied by such fees as may be prescribed.
(3) Subject to the provisions of section 5, every person who is running a genetic clinic, genetic laboratory or genetic counselling centre and is engaged in pre-natal diagnostic techniques for the purpose specified in sub-section (2) of section 4 on the date appointed under sub section (7) shall cease to carry out any pre-natal diagnostic techniques on the expiry of six months from such date unless he has already made an application for registration and certificate of registration has been granted to him before that date in respect of such ciinic, laboratory or
(4) No person shall open a new gentic clinic, genetic laboratory or genetic councelling centre after the commencenment of this Ac:, unless it is got registered under this Act.
10. () On receipt of an application under section 9, the Authority shall, after holding an inquiry, if necessary, and a•ter satisfying itself tbat the applicant has complied with all the requirements of this Act and the rules made thereunder, grant a certificate of registration in the prescribed form to the applicant in respect of his genctic clinic or genetic labora!ory or genetic counselling centre, as the case may be.
(2) If it is found that the applicant does not comply with the requirements of tbis Act and the rüles made thereunder, the Authority may give reasonable time to the applicant to effect such compliance .
P The certificate of registrat'on issucd under shall be displayed at some cons picuous place in the genetic laboralory or genetic counselling centre, as the
(3) If, after the inquiry, and giving an opportunity to the applicant of being heard, the Authority is satisfied that the applicant has not oplied witb the requirements of this Act, and the rules made thereunder, t shall reject the application for registration after giving reasons theretor.
) Every certificate of registration granted under sub-section () shall be renewed in such manner and after such period and on payment of such fees as may be prescribed.
sub-section () genetic clinie, case may be, Registration of genetic clínics genetic labora tories and genetic counsel ling Centres, Certificate of registration.
case may be.
Fr PUNJAB GOVT GAZ. (EXTRA), MAY 11 10c pUNI (VYSK. 23,1915 SAK ta 13, 1994 199 CITAPTER Vv LGISTRATION OF GENETIC ¢p je NET RE ORATORIES AND GENETIC COURSE ING EO (I) Every person who is running a genetic clinic ic pins or genetic counselling centre Andis engaged, cither partly or exclusively, in pre-natal dingrost tecl niques for the purpose specified a sub-section (2) of section 4 shall, within sixty days from such dafe as the State Government may, by notification, appoint in this behalf peing a date not earlier than the date of the constitution of the Authority make an application to the Authority for the registration of such genetic clinic, genetic laboratory or genetic counselling centre, as the case may be.
(2 An application under sub-section ({) shall be made in such form and manner and shall be accompanied by such fees as may be prescribed.
(3) Subject to the provisions of :cction 5, every person who is running a genetic clinic, genetic laboratory or genetic counselling centre and is engaged in pre-natal diagnostic techniques for the purpose specified in sub-section (2) of section 4 on the date appointed under subsection (7) shall cease to carry out any pre-patal diagnostic techniques on the expiry of six months from such date unless he has already made an application for registration and certificate of registration has been granted to him before that date in respect of such clinic, laboratory or cen re.
(4) No person shall open anew genztic clinic, genetic laboratory or genetic councelling centre after the commencement of this Ac’, unless it is got registered under this Act.
10. (I) On receipt of an application under section 9, the Authority shall, after holding an inquiry, if necessary. and after satisfying itself that the applicant has complied with all the requirements of this Act and the rules made thereunder, grant a certificate of registration in the prescribed form to the applicant in respect of his genctic clinic or genetic laboratory or genetic counselling centre, as the case may be.
(2) If it is found that the applicant does not comply with the requirements of this Act and the rules made thereunder, the Authority may give reasonable time to the applicant to effect such compliance.
(3) If, after the inquiry, and giving an opportunity to the applicant of being heard, the Authority is satisfied that the applicant has not complied with the requirements of this Act, and the rules made thereunde r, t shall reject the application for registration after giving reasons therefor.
(4) Every certificate of registration granted under sub-section (1) shall be renewed in such manner and after such period and on payment of such fees as may be prescribed. }
(3) The certificate of registrat on issued under sub-section Wo) shall be displayed at some conspicuous place in the genetic clinic, genetic laboratory or genetic counselling centre, as the case may be, Registration of genetic clinics genetic laboratories and genetic counselling centres, Certificate of registration.
Cancellation or suspension certificate of registration.
of Appeal.
State Vigilance Commit'ee.
200 PUNJAB GOVT GAZ. (EXTRA.), MAY I3. 1994 (VYSK. 23, 1916 SAKA)
11. () The Authority may either suo moto or on receipt of a report from the State Vigilance Conmmittee District Vigilance Committec, shall issue a notice to the persons running the genetic clinic. genetic laboratory or genetic counselling centre in respect of which certificate of registration has been granted under section 10. to show cause why thc certificatc of registration should not be suspended or cancelled for the rcasons mentioned in the notice so issued,.
(2) If, after giving a reasonable opportunity to the person on whom notice has been served under sub-section (), the Authority is satisfied that there has been a breach of any of the provisions of this Act or the rules made thereunder, it may, without prejudice to any other action that it may take against him, suspend or cancel his certificate of regis tration for such period as it may think fit.
12. (7) Any person aggrieved by the decision of the Authority rejecting any application for the grant of certificate of registration under section l0 or cancelling or suspending any certificate of registration under section I1 of the Act may, within thirty days from the date of re ceipt of the decision, prefer an appeal before the Slate Government in the prescribed manner and the decision of the Sta.e Government on such appeal shall be final.
(2) If no appeal against the decision of the Aurthority has been preferred under sub-section (I) or if the appeal so preferred has been rejected by the State Government, the copy of the decision of the Autho rity and also a copy of the decision of the State Governnment, if any, shall be forwarded by the Authority to the Punjab Medical Council established under section 5 of the Punjab Medical Registration Act, 1916 for taking suitable action against the Medical practitioner running the genetic clinics, genetic laboratories or genetic counselling centres in respect of which such decisions have been taken.
CHAPTER V a STATE VIGILANCE COMMITTEE AND DISTRICT VIGILANCE COMMITTEES
13. () On the Commence ment of this Act, or as soon thereafter as may be, the State Government shall appoint a State Vigilance Commit tee which shall consist of () the Secretary of the Authority who shall be its Chaitman ;
(ii) two representativcs of the Voluntary organisations:
(üi) the State Family Wlfure Officer, Punjab :
(iv) a gynaecologist;
() a medical geneticist ; and
(i) a civil surge on of a District,
(2) All the members referred to in sub-section (/) excepting the Chairman shall be nominated by the State Government.
Cancellation or suspension of certificate of registration.
Appeal.
State Vigilance Commit'ee, ; IAB GOVT GAZ. (EXTRA). MAY 13, 1994 20 PUNIAR CVYSK, 25, 1916 SAKA)
11. (I) The Authority may cither suo moto Or on receipt of 5 report from the State Vigilance Committee or a District Vigilance Committee, shall issue a notice to the persons running the genetic clinic, genetic laboratory or genetic counselling centre in respect of which certificate of registration has been granted under section 10, to show cause why the certificate of registration should not be suspended or cancelled for the reasons mentioned in the notice so issued,
(2) If, after giving a reasonable opportunity to the person op whom notice has been served under sub-section ([), the Authority is satisfied that there has been a breach of any of the provisions of this Act or the rules made thereunder, it may, without prejudice to any other action that it may take against him, suspend or cancel his certificate of registration for such period as it may think fit.
12. (Dh Any person aggrieved by the decision of the Authority rejecting any application for the grant of certificate of registration under section 10 or cancelling or suspending any certificate of registration under section 11 of the Act may, within thirty days from the date of receipt of the decision, prefer an appeal before the State Government in the prescribed manner and the decision of the Sta.e Government on such appeal shall be final.
(2) Tf, no appeal against the decision of the Aurthority has been preferred under sub-section (/) or if the appeal so preferred has been rejected by the State Government, the copy of the decision of the Authority and also a copy of the decision of the State Government, if any, shall be forwarded by the Authority to the Punjab Medical Council established under section 5 of the Punjab Medical Registration Act, 1916 for taking suitable action against the Medical practitioner running the genetic clinics, genetic laboratories or genetic counselling centres in respect of which such decisions have been taken.
CHAPTER V STATE VIGILANCE COMMITTEE AND DISTRICT VIGILANCE COMMITTEFS
13. (I) On the commencement of this Act, or as soon thereafter as may be, the State Government shall appoint a State Vigilance Committec which shall consist of —
(i) the Secretary of the Authority who shall be its Chairman ;
(ii) two representatives of the Voluntary organisations ;
(iii) the State Family Wclture Officer, Punjab ;
(iv) a gynaecologist ;
(v) a medical geneticist ; and
(vi) a civil surgeon ofa District,
(2) All the members referred to in sub-section (I) excepting the Chairman shall be nominated by the State Government.
pUNJAB GOVT GAZ. (EXTRA), MAY 13, 1994 (VYSK. 23, 1916 SAKA)
14. The State Vigilance Committee shall, subject to the directions of the State Government and the Authority, perform all or any of the following functions, namely:
(a) to pay periodic and surprising visits to the ge netic clinics, genetic laboratories and genetic counselling centres with a view to check compliance of the provisions of this Act and the rules made tbereunder;
for 201
(6) to investigate complaints made by members of the public at large or by institutions or the complaints as appeared in the press about contravention of the provisions of this Act or the rules made thereunder; (c) to seize incriminating evidence or record for further adminis tration or legal action; (d) to re commend to the Authority suspension or cancellation of certificates of registration granted under this Act in respect of genetic clinics, genetic laboratories or genetic counselling centres and to recommend prosecutions against the violations of the provisions of this Act and the rules made thereunder ;
(e) to che ck operation of unauthorised genetic clinics, genetic laboratories and genetic counse lling centres; and () to take such other actions as the Authority or the State Government may direct.
15. (1) The State Vigilance Committee shall hold the meetings as and when it Considers necessary to conduct its business.
(2) The State Vigilance Committece shall frame bye-laws for the conduct of its business.
(3) All decisions of the meetings of the State Vigilance Committee shall be taken bya simple majority of members present at such meetings.
(4) There shall be a quorum of four members including the Chairman a meeting of the State Vigilance Comnittee.
(3) The decisions or actions of the State Vigilance Committee shall not be vitiated or beld as invalid merely on the ground of vacancy or absence of any member.
16. (U) There shall be a District Vigilance Committee for cach of the, Districs.
(2) A District Vigilance Committee shall consist of the following members, namely :
) the Civil Surgeon of a District, ex officlo Chairman ;
) the District Family Welfare Officer ;
(t) the District Health Officer ;
Functions State Committee.
of Vigilance Meetiag of State Vigilance Com District Vigilance Committee.
mittee.
PUNJAB GOVT GAZ. (EXTR (VYSK. 23, 1916 —_— TTT J, MAY | . SAKA) 3, 1994 201
14. The State Vigilance Committe en of the State Government and the ¢ shall, sup, A Authorit ject to the directions following functions, namely : — Yo perform ql op any of the Functions of State Vigilance Committee. (a) to pay periodic and surprising visits t, genetic laboratories gpd genctic coy a view to check compliance of the and the rules made thereunder;
(b) to investigate complaints made” by members of the ublic at large or by institutions or ths complaints as apne wh the press about con oo this An travention of the rovisions of thi or the rules made thereunder P of this Act
(c) to seize incriminating evi tration or legal act the genetic % clinics, selling centres with Provisions of this Act | dence or record for further adminison;
(d) to recommend to the Authority suspension or cancellation of certificates of registration granted under this Act in respect of genetic clinics, genetic laboratories or genetic counselling centres and to recommend prosecutions against the violations of the provisions of this Act and the rules made thereunder ;
(e) to check operation of unauthorised genetic clinics, genetic laboratories and genetic counselling centres; and
(f) totake such other actions as the Authority or the State Government may direct.
15. (1) The State Vigilance Committee shall hold the meetings as Meeting of State and when it considers necessary to conduct its business. Vigilance Committee.
(2) The State Vigilance Committee shall frame bye-laws for the conduct of its business.
(3) All decisions of the meetings of the State Vigilance Committee shall be taken by a simple majority of members present at such meetings.
(4) There shallbe a quorum of four members including the Chairman for a meeting of the State Vigilance Committee.
The decisions or actions of the State Vigilance Committee sha not £9 Tied or held as invalid merely on the ground of vacancy or absence ‘of any member.
% 16. (I) There shall be a District Vigilance Committee for cach of District Vigilance the, Districts. = Committee.
-
(2) A District Vigilance Committee shall consist of the following members, namely :— (#) the Civil Surgeon of a District, ex officfo Chairman ;
(ti) the District Family Welfare Officer ;
{#i) the District Health Officer ;
Meetings functions District Vigilance Commi ttees.
and of Duration of appointment of non-officila] mem bers and their Offences penaliies, and 202 PUNJAB GOVT GAZ. (EXTRA.), MAY 13, 1994 (VYSK. 23, 1916 SAKÁ)
(iv) any officer not below the rank of a Tehsildar having the Powers of an Exc cutive Magistrate nominated by the Collec. tor of the district
(v) a gynaccologist ;
(vi) a medical geneticist
(vii) a representative of the women's welfare organisations (vitil) a representative of any other voluntary organisation.
(3) The non-official memoers of the District Vigilance Committee shall be nominated by the Authority.
and
17. () All decisions at the meetings of the District Vigilance Committees shall be taken by a simple majority of members present at such meetings.
(2) There shall be a quorun of four members including the Chairman for a meeting of the District Vigilance Committee.
(3) The decision or any action of a District Vigilance Comnittee shall not be vitiated or held as invalid merely on the ground of a Vacancy or absence of any member.
(4) The functions and powers of a District Vigilance Committee shall be the same as that of the State Vigilance Committee, which shal be discharged and exercised byit within the area of the District concerned.
18. (1) The non-official nembers of the State Vigilance Committee and a District Vigilance Committee shall be appointed for a period of three years and after the expiry of the period of their appointment they shall be eligible for re-appointment.
(2) The non-official members of the State Vigilance Committee and the District Vigilance Committees shall be entitled to travelling allowance, sitting allowance and any other allowances at such rates as the State Government may, from time to time, determine.
CHAPTER V OFFENCES, PENALTIES AND PROCEDURE
19. (/) Any medical ge neticist, gynaccologist, registered medical practitioner or any other person who is running a genetic clinic, genetic laboratory or genetic counselling centre or is employd in such clnl laboratory or centre or who gives his services to or at such a clinic, laboratory or centre whether in an honorary Capacity or otherwise, and who contrave nes any of the provisions of this Act or the rules made thereunder shall, on conviction, be liable to be punished with imprison ment for a term which shall not be less than one year, but whjcn Be extend to three years, and with fine which shall not be less than o thousand rupees but which may extend to five thousand rupeeS, Ol, both :
allowances.
Meetings and functions of District Vigilance Committees.
Duration of appointment of non-officilal members and their allowances.
Offences and Penalijes, 202 PUNJAB GOVT GAZ. (EXTRA.), MAY 13,1994 (VYSK. 23, 1916 SAKA) ——————— re — ——
(iv) any Officer not below the rank of a Tehsildar having th powers of an Iixccutive Magistrate nominated by the Coll 3 tor of the district ; ec.
(v) a gynaecologist ;
(vi) a medical geneticist
(vii) a representative of the women’s welfare organisationg : and (viti) a representative of any other voluntary organisation,
(3) The non-official memoers of the District Vigilance Committee shall be nominated by the Authority.
17. (I) All decisions at the meetings of the District Vigilance Committees shall be taken by a simple majority of members present at such meetings.
(2) There shall be a quorum of four members including the Chairman for a meeting of the District Vigilance Committee.
(3) The decision or any action of a District Vigilance Committee shall not be vitiated or held as invalid merely on the ground of a vacancy or absence of any member.
(4) The functions and powers ofa District Vigilance Committee shall be the same as that of the State Vigilance Committee, which shall be discharged and exercised by it within the area of the District concerned.
18. (I) The non-official members of the State Vigilance Committee and a District Vigilance Committee shall be appointed for a period of three years and after the expiry of the period of their appointment they shall be eligible for re-appointment.
(2) The non-official members of the State Vigilance Committee and the District Vigilance Committees shall be entitled to travelling allowance, sitting allowance and any other allowances at such rates as the State Government may, from time to time, determine.
CHAPTER Vi OFFENCES, PENALTIES AND PROCEDURE
19. (I) Any medical geneticist, gynaecologist, registered medical practitioner or any other person who is running a genetic clinic, genetic laboratory or genctic counselling centre or is employed in such cht laboratory or centre or who gives his services to or at such & lie, laboratory or centre whether in an honorary capacity or otherwise, 81 who contravenes any of the provisions of this Act or the rules ma i thereunder shall, on conviction, be liable to be punished with imprisof” ment for a term which shall not be less than one year, but which m4 extend to three years, and with fine which shall not be less than 0n¢ a rupees but which may extend to five thousand rupees, of, Wi oth :
pIINI AB GOVT GAZ. (EXTRA.), MAY 13, 1994 (VYSK. 23, 1916 SAKA) 203
Provided that the m' of the mxliçal gnticist, ynaccologist of rgistored mlic1l practitionr wi hns ben convictcd by a court, shall b: reported by th Anthority to th: Pnb Modical Council establish2d undr s:ction 5 of th: Punjab Mdical Registration Act, 1916 for taking suitable action including that ol sspension of his name from the Register of the Punjab Mdical Council for a p:riod of two T for the first offence and tor Prmnent removal for any subscqucnt offence.
() A:y person who secks aid at agn:ic clinic, genctic laboratory or genctic counsclling centre of a m:dical geneticist or a gynaccologist or a m:dical practitioner of any other perSon for Carrying out pre-1natal aonostic techniques on pregnant woman for any purposc othcr than he purpose specilicd in sub-section (2) of scction 4 sball, on Conviction, he liable to be punishcd with imprisonment for a term which shall not he less than one ycar, but which may extend to thrce years and with fine which shall not be less than one thousand rupees but which may extend to three thousand rupees or with both :
Provided that the court shall always presume, unless otherwise proved, that a woman who seeks such aid of pre-natal diagnostic tech niques on herscif bas been compclled to do so by her husband or by any other member of his family who shall on conviction be liabie to be puni shed for abetment of the offence under this sub-section for the same sentence and in that case the woman shall also be liable to be punished with imprisonment for a term which may Cxtend to thrce months and to pay fine which may extend to five hundred rupees.
(3) Whoever contravenes any of the provisions of this Act or any rule or any direction issuxd thereunder, for which no penalty has elsewhere baen provided in this Act, shall b: punishable with imprisonment for a term which may extend to three months or witb fine which may cXtend to one thousand rupees or with both, and in the case of continuing contravention, with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after Conviction for the first such contravention.
(4) Notwithstanding anything contained in sub-se ctions (), (2) and 3), the court may, for adequate and spccial reasons to be recorded in the judgement, impose sentence of imprisonment less than the nminimum sentence that can be imposed under this Act.
20. (/) Where an offence under this Act has been Committed by a company, every person who, at the time, the offence was committed, was directly in charge of, and was responsible to, the company for the Conduct of the business of the cOmpany as well as the company, shall be deemcd to be guilty of the offence and shall be liable to be procvcded against and punished accordingly :
Provided that notbing contained in this sub section shall render auy such person liable to any punishment provided in the Act if he proves that the offence was Commítted without his knowledge or that he exercised all due diligence to prevent the commission of suh offence. (2) Notwithstanding anything contained in sub-section (!), where an offence under this Act has been committed by a company and it is nroved that the offence has becn committed with the consent or con nivance of, or is attributable to any neglect on the part of, any director, Offences bycom panies.
UNJAB GOVT GAZ. (EXTRA. MAY 13. 199.
F (VYSK.23, 1916 SAKA, 203 — .
“provided that the nme of the medical goncticist, pymaccologist or sored madical practitioner win has been convicted by a court o9) pa reported by the Arthority to the Punjab Medical Coun sh blishad andar sxetion 5 of the Punjab Mdical Registration Act, 1916 tt King suitable action inchuling that of suspension of his name fir the Register of the Panjab Mdical Council for a period of two yd for the first oltence and for parmwment removal for any subsequent Cars offence. . " y . 2) Any person who seeRs aid at aortic clinic, genetic laboratory all . genetic counselling centre of a medical geneticist or a gynaecologist > 5 medical practitioner ovany other person for carrying out pre-natal diagnostic techniques on pregnant woman for any purpose other than the purpose specified in sub-section (2) of section 4 shall, on conviction, pe liable to be punished with imprisoument for a term which shall not be loss than one year, but which mayextend to three years and with fine which shall not be less than one thousand rupees but which may extend to three thousand rupees or with both :
Provided that the court shall always presume, unless otherwise proved, that a woman who seeks such aid of pre-natal diagnostic techniques on herself bas been compelled to do so by her husband or by any other member of his family who shall on conviction be liabic to be punished for abetment of the offence under this sub-section for the same sentence and in that case the woman shall also be liable to be punished with imprisonment for a term which may extend to three months and to pay fine which may extend to five hundred rupees.
(3) Whoaver contravenes any of the provisions of this Act or any rule or any direction issu>d thereunder, for which no penalty has elsewhere been provided in this Act, shall bs punishable with imprisonment for a term which may extend to three months or with fine which may cxtend to one thousand rupees or with both, and in the case of continuing contravention, with an additional fine which may extend to five hundred rupces for every day during which such contravention continues after conviction for the first such contravention.
(4) Notwithstanding anything contained in sub-sections (I), (2) and
(3), the court may, for adequate and special reasons to be recorded in the judgement, impose sentence of imprisonment less than the minimum sentence that can be imposed under this Act.
20. (I) Where an offence under this Act has been committed by — Offences bycom= a company, every person who, at the time, the offence was committed, Panies.
was directly in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub section shall render any such person liable to any punishment provided in the Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed bya company and it is proved that the offence has been committed with the consent or connivance of, oris attributable to any neglect on the part of, any director, \ Offences by Go vernment Depart ments.
Offences to be cognizable, non ba ilable and non-compound able.
Persons authorised to investigate.
COgnizance of Offence.
204 PUNJAB GOVT GAZ. (EXTRA.), MAY 13, 1994 (VYSK. 23, 1916 SAKA) manager, secretary or other officer of the company such director manager, secretary or other officer shall also be deemned to be uil of that offence and shall be liabe to be proceeded against and punished accordingly.
Explanation.-For the purpose of this section
(a) "conmpany" m:ans any body Corporate, and includes a firm or other association of individuals ; and
(6) director" in relation to a firm means a partner in the firm.
21. Where an offence under this Act has been committed by any Department of the State Government, the head of the medical institution.
where the offence has been committed shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render such that head of the medical institution liable to any punisbment, if he proves the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence.
22. Every offence punishable under sub-section () or sub-se ction
(2) of section 19 sball be cognizable, non-bailable and non-compoundable.
23. Notwithstanding anything contained in the Code of Criminal Pivcdure, 1973, nT polic officr below th rank of a Deputy Superin ten lent of Police or a pTlic: officYr possessing rank higher than that of a Deputy Superinten lent of Polie or a sp:cial designated police officer who is not below the rank of an Inspector of Police, shall investigate any offence punishable under this Act, unless he is authorised so to do by the State Government.
24. (I) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no court inferior to that of Judicial Magistrate of the first class shall try any offence under this Act, except with the previous sanction of the State Government and on a complaint made by,
(a) the Authority, State Vigilance Committee, or a District Vigi lance Committee or any officer authorised in this behal by the State Government ;
(b) any person who has given notice of not less than sixty days, in the nnanner prescri bed, to the Authotity or the State Vigilance Committee or any District Vigilance Committee or an officer authorised as aforesaid, of the alleged offence and of his intention to make a complaint to the court.
() Wherea complaint has been made under clause (b) of sub-section () the Court nay, on demand by such a person direct the Authority o the State Vigilance Committee or the District Vigilance Committee to make available the relevant records in its possession to that person:
Providd 'at th: Authority or CTmnitt:> concernd may rerUse to m1k? any sJch rscord availabl: to such p2 rson if the sane is, in 13 opinion, agalnst the public interest.
Offences by Government Departments.
Offences to be cognizable, non-' bailable and Non-compoundable.
Persons authorised to investigate.
Cognizance of Offence.
204 PUNJAB GOVT GAZ. (EXTRA.), MAY 13, 1994 (VYSK. 23, 1916 SAKA, manager, secretary or other officer of the company such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liabe to be proceeded against and punished accordingly.
Explanation.—For the purpose of this section ,— (@) “company” m:ans any body corporate, and includes a firm or other association of individuals ; and
(b) “director” in relation to a firm means a partner in the firm,
21. Where an offence under this Act has been committed by any Department of the State Government, the head of the medical institution, where the offence has been committed shall be deemed to be guilty of the offence and shall be liable to be proceeded againstand punished accordingly :
Provided that nothing contained in this section shall render such head of the medical institution liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence.
22. Every offence punishable under sub-section (I) or sub-section
(2) of section 19 shall bs cognizable, non-bailable and non-compeundable.
23. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no polics officer below the rank of a Daputy Superinten lent of Police or a polics officer possessing rank higher than that of a Deputy Supzriaten lent of Polizz or a spacial dzsignated police officer who is not bzlow ths rank of an Inspzctor of Police, shall investigate any offence punishable under this Act, unless he is authorised so to do by the State Government.
24. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no court inferior to that of Judicial Magistrate of the first class shall try any offence under this Act, except with the previous sanction of the State Government and on a complaint made by,—
(a) the Authority, State Vigilance Committee, or a District Vigi- lance Committee or any officer authorised in this behalf by the State Government;
b) any person who has given notice of not less than sixty days, in the manner prescribed, to the Authority or the State Vigilance Committee or any District Vigilance Committee or an officer authorised as aforesaid, of the alleged offence and of his intention to make a complaint to the court.
(2) Where a complaint has b i . 4s been made under clause (b) of sub-section on in Const may, on demand by such a parson direct a Authority or te 3isic Bi ance Committee or the District Vigilance Committee to able the relevant records ip its possession to that person:
o Pasig or ty a 2 ymnittz: consarnad may refuse Opinion, agafmst the public interest ® Ssh pon it ie sams Jn.
PUNJAB GOVT. GAZ. (EXTRA.), MAY 13, 1994 (VYSK. 23, 1916 SAKA)
CHAPTER VI MISCELLANEOUS 205
25. (I) All records, charts, forms, reports, consent letters all other documents required to b: maintained under this Act and the rules made thereunder shall be prescrvcd for a period of two years or for such longer period as may be prescribed and
Provided that if any criminal or other proceedings are instituted against any prSon running a genetic clinic, genetic laboratory or genetic Counselling centre, the records and all other documents of such cliníc, laboratory or centre, as the case may be, shall be preserved till the final disposal of such proccedings.
(2) All such records shall at all reasonable times be made available for insp:ction to the me mbers of the Authority or members of the State Vigilance Committee or District Vigilance Committees or to any other person as may be authorised by the State Government in this behalf.
26. (I) If the Authority or the State Vigilance Committee or a District Vigilance Committee has reason to believe that any breach of the ptovisions of this Act or th: rules made thereunder has been committed at any gn:tic clinic, g?ntic labTratory or a gnetic counselling centre or that pre-natal diagnostic procedures or pre-natal diagnostic te chniques are uszd for prediction of sx, the Chairman of the State Vigilance Com mittee or a District Vigilanc: Committee or any other mmb:r thereof duly authorisd by th: State Govrnm:nt, th: Vigilance Authority or the State Committee th District shall Vigilance have the Committee pTwr to sarch the clinic, labTratory or cntre and to seize such records and documents as may premises of such b ncessary on granting a recipt for th² same, docum:nts so seized shall be retained by the Authority or by the State and the records and Vigilance Committec or the District Vigilance Committee, as may be, for so long a period as may be necessary in conne ction with any the case proceedings or for a prosc cution under this Act.
(2) The provisions of the Code of Criminal Procedure, 1973 shall apply to the proceedings taken under sub-se ction () and the person taking such proceedings shall take the assistance of the police ffiicer of the nearest police station, whenever ne cessary.
27. No suit, prose cution or other legal proceeding shall lie agairst the State Government, the Authority, State Vigilance Committee or a District Vigilance Committee or any person acting under their authority for anything which is in good faith done or inte nded to be done under this Act or the rules made thereunder.
28. The State Government may exempt a genetic clinic, ge netic laboratory or genetic counselling centre run by it or by any local authority from any or all of the provisions of this Act on the recomme ndation of the Authority to the cffect that such an exemption is in public interest Provid2d that th: ex>mption shall nt b> mid: with regard to the ninimun qualifications persons, minimum equipment necessary, Maintenance of records.
Power to seize records.
II of 1974.
Protection of action taken in Power to exempt.
good faith.
7 205 JAB GOVT. GAZ. (EXTRA.), MAY 13, 1994 PUN (VYSK. 23, 1916 SAKA)
CHAPTER VII MISCELLANEOUS eC char cports, consent letters and Maintenance of 5. (1) All records, charts, forms, reports, e all Be DA required to b: maintained under this Act and the records.
rules made thereunder shall be preserved for a period of two years or for such longer period as may be prescribed :
Provided that if any criminal or other proceedings are instituted against any person running a gene‘ic clinic, genetic laboratory or genetic counselling centre, the records and all other documents of such clinic, laboratory or centre, as the case may be, shall be preserved till the final disposal of such proceedings.
(2) All such records shall at all reasonable tims be made available for inspection to the members of the Authority or members of the State Vigilance Committce or District Vigilance Committees or to any other person as may be authorised by the State Government in this behalf.
»
26. (I) If th: Authority or th= State Vigilance Committee or a Power to seize District Vigilance Committee has reason to believe that any breach of the records. provisions of this Act or th: rules made thereunder has been committed at any gen:tic clinic, gzn:tic laboratory or a genetic counselling centre or that pre-natal diagnostic procedures or pre-natal diagnostic techniques are uszd for prediction of s:X, th: Chairman of th> State Vigilance Com- mittee or a District Vigilanc: Committez or any othsr m=mbzr thereof duly authorised by th: State Gov:rnm>2nt, the Authority or the State Vigilance Committee or th: District Vigilance Committee shall have the power to szarch the premises of such clinic, laboratory or c:ntre and to seize such records and documents as may bs nzcessary on granting a reczipt for the same, and the records and documents so scized shall be retainzd by the Authority or by the State Vigilance Committee or the District Vigilance Committee, as the case may be, for so long a period as may be necessary in connection with any proceedings or for a prosecution under this Act,
(2) The provisions of the Code of Cri 0 minal Procedure, 1973 apply to the proceedings taken under sub-scction (7) and the person akin fof 19m. such proceedings shall take the assistance of the police officer of the nearest police station, whenever necessary.
27. No suit, prosecution or other legal proceeding shall lie gga; i , C shall li y tect the State Government, the Authority, State Vigilance Committee 5" A action takenin District Vigilance Committee Of any person acting under their authority 00d faith. for anything which is in good faith done or intended to be done unde, this Act or the rules made thereunder.
28. The State Government may exempt a genet ini : : 5 ic clinic, laboratory or genetic counselling centre rw Een linic, genetic el : n by it or by any local thori from any or all of th= provisions of this Act on the recommenda n rin Authority to the effect that such an exemption is in public interest - Power ta exempt.
Providzd that th: ex:mption shall nyt b> mada x oro us with regard to the minimum qualifications of persons, minimum equipment necessary, Power to make rules.
206 the standards to bc maintaicd, and the cote of conduct of persons working at th genetic clinics, genctic laboratorics or genetic counsc lling CCntres.
PUNJAB GOVT. GAZ. (EXTRA.), MAY 13, 1994 (VYSK. 23, 1916 SAKA)
29. (/) The State Government my. subjct to the conlition of previons publication in the Ofricial Gazctte, make rules for carrving out the purposc of this Act:
Provided that, if the State Govern1nent is satisfied that circumstances eXist which render it nec*ssary to tike inmeliatc action, it may dispense with thc reqirement of pre vior s publication of any rule to be made under this Act.
(2) In particular and without prejudice to the gencrality cf the fore going power, such rules may provide for,
(i) the minimum qualifications of the person cmployed at a regis tered genetic clinic, genctic laburatory or genetic counselling centre;
(i) the form and manncr of application for registration, records to be naintaincd, consent of a patient to be obtaincd at registcrcd genctic clinic or genetic laboratory or genetic counselling ccntrc ;
(iil) minimun equip neats ne3e3sary at the genetic clinics or genctic laboratorics or gc1tic cT113elling centres;
(iv) the staidards to bo naintaingi at the genetic clinics or genetic laboratories or genetic counselling centres;
(v) the code of condust of pr 1s Working at the gnetic clinics, genetic laboratories or genetic counselling centres; (vi) the manner in which an appeal may be p1cferred before the State Government against the dcision of refusal, cancella tion or suspension of certificate of registration; (vii) the duration of validity of registration, procedure of renewal of registration and fees to be charged for registration and rencwal thereof;
(viii) manner of and intervals at which a District Vigilance Com mittee shall report its decisions and actions to the State Vigilance Committee;
(ix) the rccords, charts, reports and other documents to be main taincd in genetic clinie, genctic laboratory or genetic coun sclling centre, period foI which such records and document shall be maintained and preservcd; and (x) any other matter that is required or may be prescribed under this Act.
(3) Every rules inade under this section shall be laid as soon may bo after it is mado bfore th Hous of tho State Legislature while itis in sesion for a total poriod of ten days whiçh may be conprised in as y T Y 13,1994 > {OV GAZ. (EXTRA), M A 200 PUNIAT CVYSK. 23, 1916 S AKA) \¢ § v : © fuct of CISC he stan lards to be maintained, and the cole of cone nh ne i \ Kin 0 ith genetic clinics penctic laboratorie s or ger C counselling workmg 2 + 5 centres.
inet to the condition of The ate Government may, suhjec 1 ke 29. (1) The State Governme ake rules for carrying power lo MA . A NX R RS inzette make rules CATTYIng rules. previons publication in th Official Gazetie, out the purpose of this Act:
Provided that, if the State Governinent is satisfied tat pb Vom exist which render it necessary to take immediate action, HR pans:
with the requirement of previors publication of any rule to be ma this Act.
(2) In particular and without prejudice to the ge nerality cf the foregoing power, such rules may provide for,—
(i) the minimum qualifications of the person employ ed at a regis tered genetic clinic, genctic laboratory or genetic counselling centre;
(ii) the form and manner of application for registration, records to be maintained, consent of a patient to be obtained at registered genetic clinic or genetic laboratory or genetic counselling centre;
(iif) minimuin equip nzats nesessary at ths genetic clinics or genetic laboratories or gzastic cyaaselling centres;
(iv) the standards to bes maintained at the genetic clinics or genetic laboratories or genetic counselling centres;
(v) the code of conduct of pzrsois working at the ganetic clinics, genetic laboratories or genetic counselling centres;
(vi) the manner in which an appeal may be preferred before the State Government against the dccision of refusal, cancellation or suspension of certificate of registration;
(vii) the duration of validity of registration, procedure of renewal of registration and fees to be charged for registration and rencwal thereof;
(viii) manner of and intervals at which a District Vigilance Committee shall report its decisions and actions to the State Vigilance Committee;
(ix) the records, charts, reports and other documents to be maintained in genetic clinic, genctic laboratory or genetic counselling centre, period for which such records and document shall be maintained and preserved ; and
(x) any other matter that is ir i 0 s required or mag SC Sn 1 or may be prescribed under
(3) Every rales mads under this section may bs after it is made bafore ths Houss Wis in session for a total period of ten days sh Ul be laid as soon as of the State Legislature while which may be comprised in PUNJAB GOVT GAZ, (EXTRA.), MAY 13, 1994 (VYSK. 23, 1916 SAKA) one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
AMARBIR SINGH GILL, 207 Secretary to Government of Punjab, Departnent of Legal and Legislative Affairs.
9076LR (P)-Govt. Press, U,T., Chd.
7 PUNJAB GOVT GAZ, (EXTRA.), MAY 13, 1994 207 (VYSK. 23, 1916 SAKA) one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
’ AMARBIR SINGH GILL, Sceretary to Government of Punjab, Department of Legal and Legislative Affairs.
9076LR (P)—Govt.
Press, U.T., Chd.