. Notwithstanding anything contained in sub-section (1), where any offence punishable under
this Act has been committed by a company and it is proved that the offence has been committed
with the consent or connivance of, or is attributable to any neglect on the part of, any director,
manager, secretary or other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association of individuals, and
(b) ”director”, in relation to a firm, means a partner in the firm.
27. Offence to be cognizable, non-bailable and non-compoundable.-Every offence under this Act shall
be cognizable, non-bailable and non-compoundable.
28. Cognizance of offences.
1. No court shall take cognizance of an offence under this Act except on a complaint made by—
(a) the Appropriate Authority concerned, or any officer authorised in this behalf by the Central Government or State Government, as the case may be, or the Appropriate Authority; or
(b) a person who has given notice of not less than fifteen days in the manner prescribed, to
the Appropriate Authority, of the alleged offence and of his intention to make a complaint
to the court.
Explanation.—For the purpose of this clause, “person” includes a social organisation.
2. No court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class
shall try any offence punishable under this Act.
3. Where a complaint has been made under clause (b) of subsection (1), the court may, on demand
by such person, direct the Appropriate Authority to make available copies of the relevant records
in its possession to such person.
CHAPTER VIII
MISCELLANEOUS
29. Maintenance of records.
1. All records, charts, forms, reports, consent letters and all other documents required to be maintained under this Act and the rules shall be preserved for a period of two years or for such period
as may be prescribed:
Provided that, if any criminal or other proceedings are instituted against any Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, the records and all other documents of such
Centre, Laboratory or Clinic shall be preserved till the final disposal of such proceedings.
2. All such records shall, at all reasonable times, be made available for inspection to the Appropriate Authority or to any other person authorised by the Appropriate Authority in this behalf.
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