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
( Y K. 20 1916 SAKA)
I
E E T OF L AL D UGISLATIVE AF AI S, NJ
Notif ion
The 13th May, 994
No. 16-Leg./94. The following Act of th Legisl.ture of the State f Punjab received 1]c assert of the G wvernor of Punjab on the 8th April, 994 d is hereby publishod for generel information : — NJ B E- TAL I NOSTIC HNIQUES
OL REGULATION) ACT, 1994
nj k ct o. 16 f 994) to provide for the control and regulation of the medical or scientific techniques of pre-natal diagnosis used solely for the prrpose of et cti g enetic r metabolic i rders r os mal
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 determination leading to J al eti i e and for at ers nected it
i ental ereto.
g it t h egislature unjabin th: Forty-
ear f e eputlic i low :
R 1
Preliminary
1. I i c e h Punjab Pre-natal Diagnostic ti e, ent ni ues (Control and Regulation) Act, 1994. and commence-
2 I e tc h ol o the S j . ments
(3) It shall come into o c n the S e Government m , t in h Offi i l azet e, oint.
2 In th s ct u the context otherwise requires, - Definitions.
"adv isement" m an notice, circular, label, wrapper, p n e mat er o oth d ent on display and also includ any ment or visible representation made w h h h p o light, sound, smoke, gas, cinematograph film or video taps ;
(b) "A t ori " m the Authority constituted by the State G ent un sec ion 6 ;
(c) "Distri t V an C mit ee" means a Committee appoint- ed as such und r section 16 ;
(d) "g t clinic' me a place registered as such under this A for the pu p of carrying t the activities of a genetic c nsel n cen re or a ge c laboratory
1
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
qualificationin gynac colcgy aftcr obtaining the M.B.B.S.
person having a post-graduate
degreeor 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 G
AZ ( TRAD, MAY 13) 1994
(VYSEK. 2 1910 SAKA)
(¢) "genctic ounselling c pte" means an institute, hospital,
nursing home or any other place by whatever nam called and acgistered as such under this Act for the purpose of —
(i) providing enetic 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) "'gy aecolcgist" means a pcrson aving a post-graduete qualif cation in gynaccelegy after obtaining the M.B.B.S. degre or any other degree cquivelont thereto
(7) "medical genetic st" o ns 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 orking ¢xporicnce in that field after obtaining any of th: o i g degrees, namely: —
(i) th: .B.B.S. re any other degre: equivalent thereto ; or
(if) the M.Sc.or P D Biological Scicnces or any other degree c i alent ther
() "m i 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 determ o tests
(j) "pre n dizgnostic procedures" means all gynaccolcgical or obstetrical or medicc] preecdures such as foetosecpy, 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-n diagnostic technique" includes pre-natal diagnostic procedures and pre-natal diagnostic tests
() "pre-natal diagnostic test"
amniotic
;
u means a test or analysis of
fluid, chorionic villi, blood or anv tissue o a preg ant woman carricd out ina genetic clinic or gencltic laboratory in order to detect genetic or metaboli dis orders or chromosomal abnormalitics or certain congenita anomalies or hacmoglobinopath es or s x-l nked diseases;
(m) Prost ibzd™ means prescribed by rules made under this Act; (n} "registered medical practitiona" means « medical practi ioner wh possesses any of the recognised med cal qualifications as defined in clause (4) of section 2 of the Tndian Medical Council Act, 1956 (Central Act 102 of 1956) and whose
2
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 andhas 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-nataldia 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 ech 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
(VY 23,1916 SAK
nam has b en entered in the Pu ab Medical R er prepared or deem>d to bz prepared and m ne un the Pu ab cod cal R i a ion A 1916 (Punjab Act2 of 1916) ;
(0) ''section" m:zans a scction o this A ;
(p) "State Vigilance C mit " moan ths C mit ap as such by the State Governcm- u sec ion 13 ; (gs "voluntary organisation" m:ans any voluntary organisation ng th: fizld o hz th o w e o um n
rights and has bzen recog sed as such by the S a e over inent for the pose o this A
TER 1I
Registration and control et s, et lab c unsel i e
3. (1) No pe:rson shall y u n y ng out activities relating to the pre-natal ostic ec es i h h pre-natal osti proc:durcs n ny anztic ic, eti abo atory -'n-tic s: ling on es er ace it s registered undcr this Act.
(2) No person ha lemployor t ices, het er n y capacity or on payment basis of any :rion n a : ic, eti laboratory :nz ic counszlling o t l ss e se e pl e possesses the bed ali c ion
(3) No medical geneticist > r cti er person shalicarry out or si t n s e carried out i r szI o i ssist nts, agents ciates pre- natal osti techniques ata plac: e encti li ic, ensti laboratory or genetic counselling e t egiste ed der ct.
4. (I) No person shall use or se re-natal dia- nostic r cedures r re-natal i gnostic ni ues xcept r r ose and subject to the conditions specified in b-sections ) ( ).
(2) The pre-natal diagnostic r cedures r re-natal i gnostic ni ues hal arr ut olely r ur ose f etecti f one or more of the following bnormalit es iseases, amely:
(i) t os al bnormalit es;
(ii) the genetic metabolic disease ;
(iii) the haemoglobinopathies ;
(iv) the sex-linked genetic disease ; (v t congenital abnormaliti ; a d
(vi) any other abnormalities or dis ases as may b declared by the Authority for the purposes of this section.
(3) The pre-natal diagnostic procedures or pre-natal diagnostic t chniques shall not be used or car ied out unles the person qualified to do so is satisfied that one or more of t e fol ing conditi s are fulfilled in each case, namely :—
Registration of
genetic clinics,
genetic Jaborato-
ries and genetic
s ing
c t e .
Regulation of
pre-natal
diagnostic pro-
cedures and pre-
natal diagnostic
t niques.
3
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 obtaina 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 f after clearly explaining to her all possible side-effects and after- ef ects of s ch procedures or techniques.
Prohibition of 5. (I) o person shall use any pre-natal diagnostic procedures pre-natal : A h f .
diagnostic Pro- or pre-natal diagnostic t niques cl ding ul ography f r t cedures and urpose f dicating f et s ith r ithout os ible techniques for bject f ale eticide.
cert.in purposes,
) No r shall give advertisement in any manner regarding the cilities re-natal prediction of sex available at any genetic clinic, enetic rat ry enetic unsel i g ntre,
al seek to get the pre-natal diagnostic procedures
atal nostic e es s
h he se ci n - ct n ) o 4
State Supervisory Authority
Constitution of the 6. (I) T S e Government, shall, as soon as may be, after the A t orit , commencement of this Act, by notification, constitute an authority (h aft r referred to as the A t orit ) w h such designation as it may deem fit to exercise function assigned to it un this A
(2) The A r co tu e und sub-section(/) sha l be sub e to the superintendence, direction and co o of the State G ent.
(3) The A y con tuted under sub-section (1) shall consist of the fo lowing members, namely: —
(i) he D re o H th and Fam y W l Pun ab who shat be the ex-officio Chairman; hall be
. > shal (if) the State Fam ly W are O fic , Punjab who the ex-officio Sec etary ; ations (iff) two representatives of the voluntary organisetit puiah
(iv) the Director of M cal Educat'on and Rot a Depu y or his representative not below the ch. Punjab:
Director 0 Medical Education and Research, jan;
(v) a gynaec 'ogist ;3
4
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 thenon
official members shall be such as the State Governnment may, from time
to time, deter1mine.
8. (/) The Authority shall, subject to the gereral directionsof
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 Ind an Cou l of edical Research.
(4) The members referred to in clauses ( if), (v), (vi) and (vii) of sub-section (3) shall be nominated by the State G n ent
(8) The Authority may invite atits m ng any Civil Surgeon of a District as an invitee- ember w never it thinks necessary.
7. (I) The Authority shall m as and w n it d em necessary but not less than two m ings of t A h ity sha l be held every ye .
(2) The Authority may frame regulations for co o its day to day business.
(3) All decisions in the meetings the uthori sh l b aken by a simple majority of members present at a meeting an the um for a meeting shall be of five including he m .
(4) No act or decision of the uthorit al as invalid merely on the ground of existence ongs its members or by reason of defect or e ularity n constitution or any irregularity in its procedure not t erits f case.
(5) In the event of occurrence of a cy embership the Authority as a result of death, nation, oval r t erwise, the vacancy shall be filled expeditiously e tate overnment and until the vacancy is so filled, the remaining embers hal nti ue function as if no vacancy has occurred.
(6) The term of office and other terms a condit ons f the non- official members shall be such as t e Stat Gover ment may, f time to time, determine.
8. (/) The Authority shall, subject to the gene al directions of the State Government perform all cr any of the fel owing functions, namely :—
(i) to advise the State Covernment on policy matters relating to the use of pre-natal diagnostic procedures and pre- natal 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-nat l diagnosis;
Meeting of the
Authority.
Functions of the
Authority.
5
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 S 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 sus- pension or cancellation of certificates of registration under section 11;
(v t i e guidelines for the standards to be maintained in the genetic clinics, genetic laboratories and genetic counselling centr
(vi) t pervise an onitor the performance of genetic clinics, e c ories genetic counselling centres ; 3
(vii) ol e code conduct for the persons who own, ana eneti l ics, eneti ntr s r
persons employed therein;
(vi ) bli areness ai st t al
eti i e hi lt n ination ai st wo e rom h atal a ;
) eral o r i e h mpl entation h i s h s nd he rules made thereunder ; and
(x) to perform such other functions as the State Government sp i .
(2) In discharging its functions under this Act, the Autherity al h all the powers ofa civil court trying a suit and, in particular,
in resp o the fo lowing matters, namely :—
(a) sum oning and enforcing the attendance of any persor and exam ning him on oath r affirmation; ; any ument;
(b) requ ring the discov y and production ob an y document;
(c) receiving evidence on affidavits; and
(d) issuing com i n for (he exa mination of w tnesses &0% d um s.
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
P J GAZ. ( XTRA), 11 10c pUNI (VYSK. 23,1915 SAK ta 13, 1994 199
TA Vv
LGISTRATION OF GENETIC ¢p je NET RE ORATORIES AND GENETIC COURSE ING EO
(I) Every person ho is eneti ic pins or genetic counselling centre Andis engaged, cither partly or exclusively, in pre-natal dingrost tecl niques for the purpose specified a sub-sectio t 4 shall, within sixty days from such dafe as
the over ent ay, by notification, appoint in this behalf peing a ate t e rli r than he ateof the constitution of the Autho- ri make n li ation o the Authority for the registration of such
genetic li ic, g eti a r t ry enetic counselling centre, as the
case may be.
2 pli ati n er -secti n { all a in such form
and anner al panied uch fees as ay be prescribed.
ubject o visi ns :c t 5, erson o
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-patal diagnostic techniques
on the expiry of si months from such date unless he has already ad
an application for registration and certificate of registration has been
granted to him before that date in respect of such clinic, laboratory or
c
(4) person shall open anew genztic clinic, genetic laboratory or genetic councelling centre after the commencement of this Ac', unless it t i t is ct.
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 i ements of this Act and the rules made thereunder, the Authority a asonable time to the applicant to effect such compliance. If, after the inquiry, and giving an opportunity to the applicant of eard, the Authority is satisfied that the applicant h as not
complied with the r quirements f ct, a hereunder, shall reject the application for registration after giving reasons therefor.
(4) Every certificate of registration er -secti n 1) shall be renewed in such anner
ent
of such fees as may be prescribed. }
(3) rt te istrat ssue er -secti n Wo)
shall be displayed at some conspicuous place in the genetic clinic, genetic laboratory or genetic counselling centre, as the case may be, egistrati n
neti clinics
neti ora-
neti counsel-
in centres,
ertificate
istration.
7
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. C l ion
or suspen o
of certificate
of registration.
Appeal.
State Vigilance
Commit'ee,
; IAB GOV G (EXT ). M 13, 1994
20 PUNIAR CV , 25, 1916 SAK
11 (I) T A t ori m cithe suo m Or rec of 5 report from the S a e V g lan Committee or a District Vigilance C mit ee, shall issue a notice to the persons running the genetic c in , g t labo o g t cou l ce in respect of
w c c o reg s been g a e un se o 10, to
sho cau w the c c e o re sho n be suspen
o ca l for the reaso m nt in the n c so i sued
(2) If, after giving a reasonable o ort nit to the p o op om notice has been served un su t ([), the Authorit is sa sfied that there has been a brea o an o the p i s o th A o the rules made thereunder, it a , wi t p i to n o a o that it may take against him, su p o c el h c te o gis- tration for such perio a it th n f
12. (Dh Any person aggrieved h th uthorit rejecting any application for the gra t rt ate e i t n section 10 or cancelling or suspending an certif ate i t n under section 11 of the Act may, within thirty rom h - ceipt of the decision, prefer an appeal be r h t over ent n the prescribed manner and the i h Sta.e over ent such appeal shall be final.
(2) Tf, no appeal against the ci h urthority preferred under sub-section (/) or if eal f rr d rejected by the State Government, th ci i n Autho- rity and also a copy of the decisi n t t over ment, y, al be forwarded by the Authority nj edical Council l ed under section 5 of the Punjab Medical egistration ct, suitable action against the Medical practiti ner i g enetic clinics, genetic laboratories or genetic counselling centres in ect f hi ecisi s .
TE I CE MIT E I RI T I CE
MMITTEFS
3. I n e com encement f is ct, r s n ereafter as may be, the State Government shall appoint a State Vigilance Commit- tec which shall consist of —
(i) the ecretary of the uthority ho shall be its hair an ;
(ii) t o r presentatives of t e Voluntary organisations ;
(iii) t e State Family Wclture Officer, Punjab ;
(iv) a gynaecologist ;
(v) a medical geneticist ; and (v ) a civ l surgeon ofa District,
(2) All t e members referred to in sub-section (I) excepting the Chairman shall be nominated by the State Government.
8
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
—_— T T
J, MAY | . S KA) 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 pres about con oo this An
travention of the rovisions f 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 adminis-
on;
(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 a d t recommend prosecutions against the iolati ns f provisions f this Act and the rules made
nder ;
(e) to check operation unauthorised genetic clinics, genetic oratories genetic counselling centres; and
(f) to ake r actions th Authority or the State over ent a i ct.
15. (1) The S i i Committee shall hold the meetings as Meeting of State and when it c nsiders to conduct its business. Vigilance Com- mittee.
(2) The State V a Committee shall frame bye-laws for the conduct of its business.
(3) All de o of the m n of the State Vigilance Committee shall be taken by a sim e m j r y members present at such meetings.
(4) There shallbe a quorum of four members including the Chairman for a me ing of the State V g lance Committee. The decisions or actions of the State Vigilance Committee sha not £9 Tied or held as invalid m rely 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 Com i e shall consist of the following mem , namely :—
(#) the Civil Surgeon of a ist ex officfo Chair man ;
(ti) the District Family Welfare O ficer ;
{#i) the District Health Officer ;
9
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, laboratoryor 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.
e ti gs
f ons
istri igi
ommitte s
ur on
ntment
on-officilal mem-
h r
allowances.
f d
P nalijes,
J T AZ. EXTRA.), Y 13,1994
SK. 3, A)
——————— re — ——
(iv) a Officer not below r o a Tehsildar having th powers of Iixccutive Magistrate nominated by the Coll 3 of t e i ;
ec.
(v) nae ologist ; (vi edical eneticist
(vii) a representative of the women's welfare organisationg : and (viti) a representative of any other voluntary organisation, ) he on-official emoers of the District Vigilance Committee shall be nominated by the Authority.
17. (I) All decisions at the meetings of the District Vigilance ommitte s shall a ple ajority of embers present h eet ng .
(2) e um o e be ud ng Chairman for a meeting of the District Vigilance Committee.
(3) ci n t istrict igil ce om it ee shall not be vitiated or held as invalid merely on the ground of a vacanc ember.
(4) functions and powers a 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 all l i t ent.
(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 h e over ent ay, rom im o im m
i
CES, LTI S E
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 pl ed n ht 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 h der all, nviction, able o i i mprisof"
o a erm hi l e han but hi h m4
extend to three years, d with fine hich shall not be less than 0n¢ a u hi o iv ho nd rupees, of, Wi
oth :
10
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 ( K.23, 1916 SAKA, 203
— .
"provide that the nme of the medical goncticist, pymaccologist or sored madical practi ioner win has been convicted by a court o9) pa reported by the Arthority to the Punja Medical Coun sh blishad andar sxeti n 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 ort clinic, genetic l boratory
all . genetic counselling centre o a medical geneticist or a gynaecologist
> 5 medical practi ioner ovany other person for carrying out pre-natal
diagnostic techniques on pregnant oman for a y 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 hich hall not
be loss n ne ear, ut hich ayextend t ree ears wit fine
hich shall ot e less e sand ees ut hich a
xt nd t ree sand pees r ith h :
r vi ed at urt al ays presume, nles t erwise
proved, hata an h seeks aid f pre-natal diagnostic tech-
niques herself as mpel ed to so er s a d or by
other ember f his il h shall nviction liabic to puni-
shed for abetment of the offence under this sub-section for the same
t ce t an al l ni ed
with pri ent or erm hi a ext to three onths
to pay fine which a extend to five hundred rupees.
hoaver t enes h visi ns ct
t ssu> nder, hi nalt e here
e i n ct, al s nis able i mpr ent
erm hi o h ont s i h n hi xt
to h i t , n h t
tr vention, i dit al in hi o iv
rupces for every day during which such contravention continues after
conviction for the first such contravention.
(4 otwithst nding n - ect (I), 2
(3) the r ay, fo at d s e i l ea o ec n the ud ent, m se e o m o ent les ha he min m se e h can b im u th ct
2 (I) Wher an o fen u this A has been committed by — Offences bycom= a com any, ev p so w a the tim the offence w committed, P i . w d re y in charge of, and was responsible to, the company for the c o the busine o the company as well as the company, shall be deeme to be g ty o the offence and shall be liable to be proceeded ag and p h acc :
P o d tha no h ng contained in this sub section shall render any such person liable to any punishment provided in the Act if he proves that the o fence w c mit w ho his knowledge or that he exercised all due diligenc to prev the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence und this A has been committed bya company and it is proved that the offence has been com it w th the consen or con- nivanc of, or s a tributa to any neg e on the pa of, any direc o \
11
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 guiltyof 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 Go-
vernment Depart-
ments.
Offences to be
cognizable, non-'
bailable and
Non-compound-
able.
Persons
authorised to
investigate.
Cognizance of
Offence.
204 PUNJAB GOVT GAZ (EXTR . , MAY 13, 1994
(VYSK. 23, 1916 SAKA,
anager, secretary or other officer of the company such director, manager, secretary or other o ficer shall also be deemed to be guilty of that o fence and shall be liabe to be proc eded against and punished accordingly.
Explanation.—For the purpose of this section ,—
(@) "company" m ans any body corporate, and includes a firm or other a sociation of individuals ; and
(b "director" in relation to a firm means a partner in the firm,
21. Whe an o fence under this A has been committed by any Department of the State G ent, the head of the medical institution, where the offence has been commit sh be deem to be guilty of the offence and sh be liab e to be proceed againstand punished accordingly :
Provided that n n co in th s section shall render such head of the medical institution liable to any punishment, if he proves that the offence was mit i l or that he exercised
due diligence to ev he miss u h offence.
22. Every i able r sub-section (I) or sub-section
(2) of section 19 shall s nizable, -bail l non-compeundable.
23. otwithstanding t i t d in the Code of Criminal roce r , 73, o olics ffice the rank a Daputy Superin- Police or a polics officer possessing rank higher than that of a eputy Supzriaten l nt f Polizz or a spacial dzsignated police officer who is not bzlow ths rank of an Inspzctor f olice, hal vestigate off ce punishable nder this Act, unless he is authorised so to do by the St over en
24. (1) Notwithstanding anything contained i e Code of Criminal Procedure, 1973, no court inferior to that f Judicial Magistrate of the first class shall try any offence under this Act, except with t e previous sanction of the State Government and on a complaint made by,—
(a) the Authority, State Vigilance Com ittee, or a District Vigi- lance Committee or any of icer authorised in this behalf by the State Government;
b) any person who has given notice of not les than sixty days, in the ma ner prescribed, to the Authori y or the State Vigilance Committee or any District Vig lance Committee or an officer authorised as aforesaid, of the alleged offence and of his intention to make a complaint o the court.
(2) Where a complaint has b i
. 4s been made under clause (b) of sub-sect on on in Const may, on demand by such a parson direct a Authority or t 3isic Bi ance ommittee or the District Vigilance Committee to able the relevant records ip its posse sion to that person:
o Pasig or ty a 2 ymnittz: consarnad may refuse
Opinion, agafmst the public inter st ® Ssh pon it ie sams Jn.
12
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 disposalof 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 ( YSK. 23, 1916 SAKA)
CHAP VII
MI
eC char cports, consent letters and Maintenance of 5. (1) All records, charts, forms, re s, e al Be DA required to b: maintained under this Act and the records. rules made thereunder shall be preserved for a period of t o years or for such l nger period as may be prescribed :
Provided t at if any cri inal or other proce dings are i stituted against a y pers r nning a gene'ic clinic, genetic l orat r or genetic counselling centre, t e r cords a d all other documents of such clinic, l oratory r centre, as t e case ay be, shall be preserved till the final disposal f h proceedings.
(2) l ords hal t al reasonable tims be made available for spection members Authority or members of the State igilance om ittc r istrict Vigilance Committees or to any other on as a t orised tat Government in this behalf. »
6. : Authority r = State Vigilance Committee or a Power to seize istrict igil ce Committe reas believe that any breach of the . r visi ns i ct l s ad thereunder been committed en c l ic, gzn:t laboratory genetic counselling centre
or that re-natal dia nostic procedures pre-natal diagnostic techniques are for r dicti n :X : Chai an > State Vigilance Com- itt istrict Vigilanc: Committez othsr m=mbzr thereof thorise t t Gov:rnm>2nt, e Authority or the tigil ce mmit ee or : District Vigilance Committee shall have the owe o szarch the premises i , la orat ry :ntre o records a documents as may bs zces gr t re zipt o he sa e, the records and ents o c z ll retainz h Authority o by the State i i mit ee h Distri t Vigilance Committee, the case fo o on a o necessary in connection with any i gs fo a prose uti n th Act,
(2) provi s o the Cod Cri 0 minal Procedure, 1973 a to the proceedings taken under sub-scction (7) and the person akin fof 19m. such p o s sh l tak the assistan o the polic officer o the n t p c sta io , whenever n cessary.
27. o suit, p osec on o o h leg proceeding shall lie gga; i
,
C shall li y tect the S a e Government, the Authority, State Vigilance Committee 5" A ac ion aken n District Vigilan Committee Of any person acting under their authority 00 faith. for an h n w ch is in good faith done or intended to be done unde, this A or the rules m thereunder.
28. The S ate Government may exempt a genet ini : : 5 ic clinic, labo o or genetic counselling centre rw Een linic, genetic : n by it or by any local thori from any or a l of th= provisions of this A on the recommenda n rin A r y to the e fec that such an exemption is in public interest - Power ta exempt.
Providzd that th ex:mption shall nyt b> mada x oro us w th regard to the minimum qu c o s of person minimum equipment necessary,
13
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 13,1
994
> {OV GAZ. (EX
RA), MA
200 PUNIAT CVYSK.
23, 1916 SAKA)
\¢ §
v : © fuct o f CISC
he stan lards to be maintai ned, and the cole of cone h n e i
\ Kin 0 ith gene
tic clinics penctic la boratories 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 ma r CATTYI rules. previons publication in th Official Gazetie,
out the purpose of this Act:
Provided that, if the Sta e Governi e t is atisfied tat pb Vom
exist which render it necessary to take immediate action, HR pans:
with the requir ment of previors publication of any rule to be ma
this Act.
(2) In particular and without prejudice to the gene rality cf the fore-
going power, such rules may provide for,—
(i) the mini um qualifications of the person employe d at a regis
tered genetic clinic, genctic laboratory or genetic counselling centre;
(ii) t e f d manner of application for registration, records t e maintained, consent of a patient to be obtained at registered genetic clinic or genetic laboratory or genetic counselling centre;
(i f) minimuin equip nzats nesessary at ths genetic clinics or neti laboratories or gzastic cyaaselling centres;
(iv) h and s o bes maintained at the genetic clinics or genetic laboratories o genetic counselling centres;
(v) the cod o conduct of pzrsois working at the ganetic clinics, ge c laboratories or genetic counselling centres; the m in which an appeal may be preferred before the State Government against the dccision 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 f r registratio and rencwal thereof;
(viii) manner of and intervals at which a District Vigilance Com- mi tee shall report its decisions and actions to the State Vigilance Com i ee;
(ix) the records, charts, reports and other documents to be main- tained in genetic clinic, genctic laboratory or genetic coun- selling centre, period for which such records a d document shall be maintained and preserved ; and
(x) any other matter that is ir i 0 s requi ed 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 W s 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
14
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
Secretaryto Government of Punjab, Departnentof 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 o 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.
15