Preamble

25. (I) All records, charts, forms, reports, consent letters all other documents required to b: maintained under this Act and the rules made thereunder shall be prescrvcd for a period of two years or for such longer period as may be prescribed and Provided that if any criminal or other proceedings are instituted against any prSon running a genetic clinic, genetic laboratory or genetic Counselling centre, the records and all other documents of such cliníc, laboratory or centre, as the case may be, shall be preserved till the final disposal of such proccedings. (2) All such records shall at all reasonable times be made available for insp:ction to the me mbers of the Authority or members of the State Vigilance Committee or District Vigilance Committees or to any other person as may be authorised by the State Government in this behalf. 26. (I) If the Authority or the State Vigilance Committee or a District Vigilance Committee has reason to believe that any breach of the ptovisions of this Act or th: rules made thereunder has been committed at any gn:tic clinic, g?ntic labTratory or a gnetic counselling centre or that pre-natal diagnostic procedures or pre-natal diagnostic te chniques are uszd for prediction of sx, the Chairman of the State Vigilance Com mittee or a District Vigilanc: Committee or any other mmb:r thereof duly authorisd by th: State Govrnm:nt, th: Vigilance Authority or the State Committee th District shall Vigilance have the Committee pTwr to sarch the clinic, labTratory or cntre and to seize such records and documents as may premises of such b ncessary on granting a recipt for th² same, docum:nts so seized shall be retained by the Authority or by the State and the records and Vigilance Committec or the District Vigilance Committee, as may be, for so long a period as may be necessary in conne ction with any the case proceedings or for a prosc cution under this Act. (2) The provisions of the Code of Criminal Procedure, 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. JAB GOVT. GAZ. (EXTRA.), MAY 13, PUN (VYSK. 23, 1916 SAKA)

eC char cports, consent letters and Maintenance of 5. (1) All records, charts, forms, reports, e all Be DA required to b: maintained under this Act and the records. rules made thereunder shall be preserved for a period of two years or for such longer period as may be prescribed : Provided that if any criminal or other proceedings are instituted against any person running a gene‘ic clinic, genetic laboratory or genetic counselling centre, the records and all other documents of such clinic, laboratory or centre, as the case may be, shall be preserved till the final disposal of such proceedings. (2) All such records shall at all reasonable tims be made available for inspection to the members of the Authority or members of the State Vigilance Committce or District Vigilance Committees or to any other person as may be authorised by the State Government in this behalf. » 26. (I) If th: Authority or th= State Vigilance Committee or a Power to seize District Vigilance Committee has reason to believe that any breach of the records. provisions of this Act or th: rules made thereunder has been committed at any gen:tic clinic, gzn:tic laboratory or a genetic counselling centre or that pre-natal diagnostic procedures or pre-natal diagnostic techniques are uszd for prediction of s:X, th: Chairman of th> State Vigilance Com- mittee or a District Vigilanc: Committez or any othsr m=mbzr thereof duly authorised by th: State Gov:rnm>2nt, the Authority or the State Vigilance Committee or th: District Vigilance Committee shall have the power to szarch the premises of such clinic, laboratory or c:ntre and to seize such records and documents as may bs nzcessary on granting a reczipt for the same, and the records and documents so scized shall be retainzd by the Authority or by the State Vigilance Committee or the District Vigilance Committee, as the case may be, for so long a period as may be necessary in connection with any proceedings or for a prosecution under this Act, (2) The provisions of the Code of Cri minal Procedure, apply to the proceedings taken under sub-scction (7) and the person akin fof 19m. such proceedings shall take the assistance of the police officer of the nearest police station, whenever necessary. 27. No suit, prosecution or other legal proceeding shall lie gga; i , C shall li y tect the State Government, the Authority, State Vigilance Committee 5" A action takenin District Vigilance Committee Of any person acting under their authority 00d faith. for anything which is in good faith done or intended to be done unde, this Act or the rules made thereunder. 28. The State Government may exempt a genet ini : : ic clinic, laboratory or genetic counselling centre rw Een linic, genetic el : n by it or by any local thori from any or all of th= provisions of this Act on the recommenda n rin Authority to the effect that such an exemption is in public interest - Power ta exempt. Providzd that th: ex:mption shall nyt b> mada x oro us with regard to the minimum qualifications of persons, minimum equipment necessary,

Power to make rules. 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.

1. (2) In particular and without prejudice to the gencrality cf the fore going power, such rules may provide for, (i) the minimum qualifications of the person cmployed at a regis tered genetic clinic, genctic laburatory or genetic counselling centre; (i) the form and manncr of application for registration, records to be naintaincd, consent of a patient to be obtaincd at registcrcd genctic clinic or genetic laboratory or genetic counselling ccntrc ; (iil) minimun equip neats ne3e3sary at the genetic clinics or genctic laboratorics or gc1tic cT113elling centres; (iv) the staidards to bo naintaingi at the genetic clinics or genetic laboratories or genetic counselling centres; (v) the code of condust of pr 1s Working at the gnetic clinics, genetic laboratories or genetic counselling centres; (vi) the manner in which an appeal may be p1cferred before the State Government against the dcision of refusal, cancella tion or suspension of certificate of registration; (vii) the duration of validity of registration, procedure of renewal of registration and fees to be charged for registration and rencwal thereof; (viii) manner of and intervals at which a District Vigilance Com mittee shall report its decisions and actions to the State Vigilance Committee; (ix) the rccords, charts, reports and other documents to be main taincd in genetic clinie, genctic laboratory or genetic coun sclling centre, period foI which such records and document shall be maintained and preservcd; and (x) any other matter that is required or may be prescribed under this Act. (3) Every rules inade under this section shall be laid as soon may bo after it is mado bfore th Hous of tho State Legislature while itis in sesion for a total poriod of ten days whiçh may be conprised in as y T Y 13,1994 > {OV GAZ. (EXTRA), MA PUNIAT CVYSK. 23, SAKA) \¢ § v : © fuct of CISC he stan lards to be maintained, and the cole of cone nh ne i \ Kin ith genetic clinics penctic laboratories or ger C counselling workmg + centres. inet to the condition of The ate Government may, suhjec 1 ke 29. (1) The State Governme ake rules for carrying power lo MA . A NX R RS inzette make rules CATTYIng rules. previons publication in th Official Gazetie, out the purpose of this Act: Provided that, if the State Governinent is satisfied tat pb Vom exist which render it necessary to take immediate action, HR pans: with the requirement of previors publication of any rule to be ma this Act. (2) In particular and without prejudice to the generality cf the fore- going power, such rules may provide for,— (i) the minimum qualifications of the person employed at a regis tered genetic clinic, genctic laboratory or genetic counselling centre; (ii) the form and manner of application for registration, records to be maintained, consent of a patient to be obtained at registered genetic clinic or genetic laboratory or genetic counselling centre;
   • (iif) minimuin equip nzats nesessary at ths genetic clinics or genetic laboratories or gzastic cyaaselling centres;
     • (iv) the standards to bes maintained at the genetic clinics or genetic laboratories or genetic counselling centres;
     • (v) the code of conduct of pzrsois working at the ganetic clinics, genetic laboratories or genetic counselling centres; (vi) the manner in which an appeal may be preferred before the State Government against the dccision of refusal, 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 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 and document shall be maintained and preserved ; and (x) any other matter that is ir i s required or mag SC Sn or may be prescribed under (3) Every rales mads under this section may bs after it is made bafore ths Houss Wis in session for a total period of ten days sh Ul be laid as soon as of the State Legislature while which may be comprised in PUNJAB GOVT GAZ, (EXTRA.), MAY 13, (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, Secretary to Government of Punjab, Departnent of Legal and Legislative Affairs. 9076LR (P)-Govt. Press, U,T., Chd. PUNJAB GOVT GAZ, (EXTRA.), MAY 13, 1994 207 (VYSK. 23, 1916 SAKA) one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. ’ AMARBIR SINGH GILL, Sceretary to Government of Punjab, Department of Legal and Legislative Affairs. 9076LR (P)—Govt. Press, U.T., Chd.