LexThe Punjab Pre-natal Diagnostic Techniques (Control and Regulation) Act, 1994
Punjab · state statute
Open in Lexace · Ask the AI about this actPUNJAD 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 techni-
ques 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: Forty-
fifth 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 appoint-
ed 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:ISN 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 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
(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 pre-
natal 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 dia-
gnostic 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 Jaborato-
ries and genetic
counselling
centres.
Regulation of
pre-natal
diagnostic pro-
cedures and pre-
natal 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 after-
effects 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 non-
official 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 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-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 sus- pension 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 ater 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 Autho-
rity 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 sub-
section (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 thereunder,
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 labora-
tories and
genetic counsel-
ling 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 regis- tration 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 re- ceipt 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 Autho- rity 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 Commit-
tec 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 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 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 Com-
mittee.
(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 vExcerpt shown. Open the full act in Lexace.