1. (1) This Act may be
called the Forensic Regulatory and Development Authority of India Act, 2011.
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(2)
It extends to the whole of
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(3)
It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
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2.
In
this Act, unless the context otherwise requires,―
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(a) “Advisory Council” means the Forensic Science
Advisory Council constituted under section 13;
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(b) “appropriate
statutory authority” means any council or board or commission or authority,
by whatever name called, constituted or established under any law for the
time being in force for the purpose of regulating the profession of forensic
science or medicine;
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(c) “Authority” means
the Forensic Services Development Authority of India established under section 3;
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(d) “Chairperson”
means the Chairperson of the Authority;
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(e) “forensic science”
includes―
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(i) main disciplines
of forensic science, that is to say, forensic biotechnology and biology,
digital forensics, forensic chemistry, forensic medicine and toxicology, criminalistics
(fire arms, finger prints, foot prints, etc.), forensic documents, and explosives
and arson; and
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(ii) allied
disciplines, that is to say, forensic anthropology, narcotics and drugs of
abuse, wild life forensics, nuclear forensics, microbial forensics, forensic
engineering and forensic data bases;
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(f) “forensic
science laboratory” means any institution or place from where forensic
services are offered or rendered;
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(g) “forensic
science service practitioner” means any expert or scientist having a
recognised degree or diploma in concerned forensic science discipline,
medicine or engineering and registered by the appropriate statutory
authority;
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(h) “forensic service
provider” includes a person or institution who practices or offers or renders
or provides any forensic science services;
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(i) “forensic
service” means application of scientific methods and knowledge in analysis of
evidentiary material for the assistance of the justice delivery system;
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(j) “licence” means
the permission given by the Authority to an accredited forensic science
service provider to offer or undertake forensic science services;
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(k) “Member” means a
Member of the Authority;
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(l) notification means a notification published in the Official
Gazette and the expression “notify” with its cognate meanings and grammatical
variation shall be construed accordingly;
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(m) “prescribed’
means prescribed by rules made under this Act;
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(n) “regulations”
means regulations made by the Authority under this Act.
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FORENSIC REGULATORY & DEVELOPMENT AUTHORITY OF INDIA BILL, 2011
Monday, January 9, 2012
CHAPTER I PRELIMINARY
CHAPTER II THE FORENSIC REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA
3. (1) The Central Government shall, by notification, constitute a
body to be known as the Forensic Regulatory and Development Authority of
India to exercise the powers conferred on, and to perform the functions
assigned to it, by or under this Act.
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(2)
The Authority shall be a body corporate by the name aforesaid, having
perpetual succession and a common seal, with power, subject to the provisions
of this Act, to acquire, hold and dispose of property, both movable and
immovable, and to contract, and shall, by the said name, sue or be sued.
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(3) The
head office of the Authority shall be at New Delhi/NCR.
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(4)
The Authority may, in consultation with the Central Government, establish
offices at such other places, as it may consider necessary.
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4.
The
Authority shall consist of a Chairperson and twelve other Members, of whom at
least three shall be women, to be appointed by the Central Government.
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5.
(1) A person shall be qualified to
be appointed as the Chairperson or a Member, if such person―
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(a) is not
less than fifty-five years of age;
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(b) is of
ability, integrity and standing, and has adequate knowledge and experience of
at least twenty-five years in dealing with matters relating to main
disciplines of forensic science;
(2) Out of the
twelve members referred to in section 4, there shall be six permanent and six
temporary members. The committee comprising of the Chairman and permanent
members shall select the six temporary members,
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(3) Out of the twelve members
referred to in section 4, at least one from each forensic specialization shall be chosen from
amongst or related discipline:
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(a) Human
identification (
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(b) Digital technology
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(c) Chemical
technology (including explosives & arson)
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(d) Criminalistics (fire arms, finger prints,
foot prints, etc.), forensic documents.
(e) Forensic Medicine
and Toxicology
(f) Informatics:
Databases
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6. (1)
The Chairperson and other Members of the Authority shall be appointed by the
Central Government from a panel of names recommended by a Selection Committee
consisting of―
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(a) Cabinet Secretary
..........Chairperson;
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(b) Secretary in charge of forensic science in the Ministry of Home Affairs of the
Government of
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(c) An expert from the field of Forensic
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(d) An expert from
the field of Forensic
Chemistry, Forensic Medicine and Toxicology or Criminalistics
(fire arms, finger prints, foot prints, etc.), Forensic Documents, and
Explosives and Arson ..........Member;
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(e) An expert in
the field of law.........Member.
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(f) Chairman, University Grants
Commission…… Member.
(g) President of INSA
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(2) The Secretary to the Government
of India dealing with forensic science shall be the Convenor of the
meetings of the Selection Committee.
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(3) The experts in the fields
specified in clause (c) to (e) of sub-section (1) shall be nominated, in such
manner as may be prescribed, by the Central Government.
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(4) The term of the Selection
Committee and the manner of selection of panel of names shall be such as may
be prescribed.
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(5) The Selection
Committee may constitute a Search Committee, consisting of such number of
experts amongst persons from the field of science with experience in related
forensic field having such qualification and experience as may be prescribed,
for the purpose of selection of the Chairperson and other Members of the
Authority.
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(6)
No appointment of the Chairperson or Member of the Authority shall be
invalid merely by reason of any vacancy in the Selection Committee.
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(7) Subject to the provisions of
sub-sections (1) to (5), the Selection Committee may
regulate its own procedure.
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7. (1) The Chairperson and the other
Members of the Authority shall hold office for a term of five years from the
date on which he enters his office and shall not be eligible for
reappointment:
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Provided
that the Chairperson or the Member shall not hold office as such after he has
attained the age of seventy years.
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(2) The salaries and allowances
payable to, and the other terms and conditions of service of, the Chairperson
and other Members shall be such as may be prescribed.
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8.
(1) The Central Government
may remove from office the Chairperson or any Member, who—
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(a) has been
adjudged an insolvent; or
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(b) has
engaged at any time, during his term of office, in any paid employment; or
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(c) has been
convicted of an offence which, in the opinion of the Central Government,
involves moral turpitude; or
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(d) has
become physically or mentally incapable of acting as such Chairperson or
other Member; or
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(e) is of unsound mind and stands so declared
by a competent court; or
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(f) has acquired such financial or other
interest as is likely to affect prejudicially the exercise of his functions
as such Chairperson or other Member; or
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(g) has so
abused his position as to render his continuance in office prejudicial to the
public interest; or
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(h) has been
guilty of proved misbehaviour; or
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(i) has such other disqualifications as may be
prescribed.
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(2) Notwithstanding anything in
sub-section (1), the
Chairperson or a Member shall not be removed from his office on the grounds
specified in clause (f) or clause (g) or clause (h) of
sub-section (1), except by an
order made by the Central Government after an inquiry made in this behalf in
which such Chairperson or such Member has been informed of the charges
against him and given a reasonable opportunity of being heard in respect of
those charges.
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(3) In the event of inquiry
instituted under sub-section (2),
the Central Government may suspend such Chairperson or Member against whom inquiry
has been instituted for a period not exceeding six months if it considers
necessary in public interest.
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(4) The Central Government may, by
rules, regulate the procedure for the inquiry referred to in sub-section (2).
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9. Any Member having
any direct or indirect interest, whether pecuniary or otherwise, in any
matter coming up for consideration at a meeting of the Authority, shall, as
soon as possible after the relevant circumstances have come to his knowledge,
disclose the nature of his interest at such meeting, and such disclosure
shall be recorded in the proceedings of the Authority, and the Member shall
not take any part in any deliberation or decision of the Authority with
respect to that matter.
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10. No act or proceeding of the Authority shall
be invalid merely by reason of—
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(a) any
vacancy in, or any defect in the constitution of the Authority; or
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(b) any
defect in the appointment of a person acting as a Member of the Authority; or
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(c) any
irregularity in the procedure of the Authority not affecting the merits of
the case.
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11. The Chairperson or
a Member of the Authority may, by notice in writing under his hand addressed
to the Central Government, resign from his office:
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Provided
that the Chairperson or a Member shall, unless he is permitted by the Central
Government to relinquish his office sooner, continue to hold office until the
expiry of three months from the date of receipt of such notice or until a
person duly appointed as his successor enters upon office, or until the
expiry of his term of office, whichever is the earliest.
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12. (1) The Director
General of the Forensic Science Services under the Union Ministry of Home
Affairs shall be the Member Secretary of the Authority.
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(2) The Central Government shall
determine the nature and categories of the officers and other employees
required to assist the Authority in the discharge of its functions and
provide the Authority with such officers and other employees as it may think
fit.
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(3) The officers and other employees
of the Authority shall discharge their functions under the general
superintendence of the Chairperson.
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(4) The salaries and allowances
payable to, and the other terms and conditions of service of, the officers
and other employees of the Authority shall be such as may be prescribed.
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CHAPTER III FORENSIC ADVISORY COUNCIL
13. The Central Government shall, by
notification, constitute a Forensic Science Advisory Council for the purpose of advising the
Authority, from time to time.
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14. (1) The Advisory Council shall consist of a President and not less than ten members from
amongst the following, namely:―
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(a) the Union Home Minister or his nominee —
chairman ex officio;
(b) the Chairman of the National Legal Services
Authority — member ex officio;
(c) the Director of the Central Bureau of
Investigation — member ex officio;
(d) the Solicitor General of
(e) a representative of the National
Academy of Medical Sciences — member;
(f) the Chairperson of the
(g) the Chairperson of the National Commission
for Women or nominee — member ex officio;
(h) the Chairperson of the National Human
Rights Commission or nominee — member ex officio;
(i) one nominee each from non-governmental
organisations or the civil society working in the field of criminal justice,
to be nominated by the Central Government — member
(j) the Director General of the Directorate of
Forensic Science Services — member secretary ex officio.
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15. (1) The term of the nominated members of
the Advisory Council shall be three years.
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(2) No person shall
be nominated as a member of the Advisory Council for more than two terms.
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(3) The remuneration
or allowances payable to the members of the Advisory Council shall be such as
may be prescribed.
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16. (1) The Advisory Council
shall meet at such places and times, and shall follow such rules of procedure
in regard to the transaction of business at its meetings as may be provided
by regulations.
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(2) The Chairperson, if for any
reason, is unable to attend a meeting of the Advisory Council, the
senior-most Member present at the meeting shall preside.
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(3) All questions which come up
before any meeting of the Advisory Council shall be decided by a majority of
the members present and voting and, in the event of an equality of votes, the
Chairperson or the Member presiding shall have the right to exercise a second
or casting vote.
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17. The Forensic Advisory Council shall—
(a) maintain a register of forensic science
practitioners in the country in such form and manner as may be specified by
regulations; and
(b) make criteria for inclusion of forensic
science practitioners in the register.
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(2) The Advisory
Council may, in the discharge of its powers and functions, call for such
information and details from the
Directorate of Forensic Science Services or such other person as it may
consider necessary.
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CHAPTER IV POWERS AND FUNCTIONS OF AUTHORITY
18.
(1) The Authority shall, subject to
the provisions of this Act, and rules and regulations made there under, take
measures to develop and to regulate forensic science services and
accreditation of forensic science laboratories and institutions.
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(2) Without prejudice to the
generality of the foregoing provisions, the measures referred to in
sub-section (1), may, inter
alia, provide for all or any of the following matters, namely:—
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(a) lay down
policies, standards and norms to
regulate forensic science services;
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(b) lay down
norms and policies for the purpose of accreditation of forensic science
laboratories and institutions;
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(c) undertake
periodical review of norms and policies referred to in clauses (a) and (b);
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(d) undertake
audit, and cause to be audited the adherence to code of ethics, including
policies on obviating conflict of interest, disclosure of information,
evolving transparency in processes and procedures of accreditation and
rendering of forensic science service;
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(e) lay down
policies for providing information to the public in regard to all aspects of
quality and performance in forensic science services and accredited
laboratories & institutions;
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(f) specify and monitor standards on selection
and training of experts for the purposes of forensic science services and
accredited laboratories and institutions;
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(g) levy of
fees or other charges under this Act;
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(h) recommend
improvement of quality forensic science services & accredited laboratories
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(i) advise the Central Government or any State
Government on any policy matter concerning forensic science which may be
referred to it;
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(j) take
measures for development of methodologies of accreditation in collaboration
with forensic science practitioners and accredited laboratories and
institutions;
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(k) promote
research and innovation in forensic science;
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(l) collect,
compile and disseminate information in the field of forensic science to the
public, including stakeholders;
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(m) monitor
adherence to such norms, guidelines and standards of quality, as may be
specified under any law for the time being in force by the appropriate
statutory authority, in forensic science;
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(n) perform such other functions as may be
prescribed.
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19.
(1)
The Authority shall register the accreditation agencies in such manner as
may be prescribed to accredit the forensic science laboratories and other
institutions for the purpose of this Act.
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(2)
Every application for registration as an accreditation agency shall be made
to the Authority in such form and manner and accompanied by such other
documents and on payment of such fees as may be specified by regulations.
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(3) Every application under
sub-section (1) shall be
accompanied by the following, namely:—
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(a) a
detailed mechanism for detecting any potential conflict of interest between
the applicant or its employees or experts and the forensic science
laboratories and other institutions;
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(b) a
credible mechanism for transparency in respect of the financial status and
financial dealings of the applicant;
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(c) a
reliable public information disclosure policy for accreditation of forensic
science laboratories and other institutions;
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(d) complete
processes and procedures to be followed by the applicant in the accreditation
of forensic science laboratories and other institutions;
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(e) such
other documents as may be specified by regulations.
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20. No application for
grant of a certificate of registration under section 19 shall be considered
by the Authority, unless the applicant satisfies the following conditions,
namely:—
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(a) the applicant is a company registered under section 25 of
the Companies Act, 1956 or a society formed and registered under the
Societies Registration Act, 1860 or a trust formed under the Indian Trusts
Act, 1882 or any other law for the time being in force;
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(b) the
applicant has, in its memorandum of association or in the trust deed,
specified accreditation of forensic science laboratories and other
institutions as one of its main objects;
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(c) the
applicant has adequate infrastructure, to enable it to provide accreditation
services in accordance with the provisions of this Act or such infrastructure
as may be specified by regulations;
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(d) the
applicant and the promoters of the applicant, have professional competence,
financial soundness and general reputation of fairness and integrity to the
satisfaction of the Authority;
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(e) the
applicant, or its promoters, or any member of the governing body of the
applicant or its promoter, is not involved in any legal proceeding connected
with any matter relating to
accreditation of Forensic laboratories except in course of any accreditation
proceedings carried out in pursuance of the provisions of this Act and
regulations made there under;
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(f) the
applicant, or its promoters, or any director, or member, or trustee has not,
at any time in the past, been convicted of any criminal or economic offence;
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(h) the
applicant has, in its employment, persons having adequate professional and
other relevant experience to the satisfaction of the Authority;
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(i) the
applicant, or any person directly or indirectly connected with the applicant,
has in the past not been—
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(i) refused
by the Authority a certificate of registration under this Act; or
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(ii)
subjected to any proceedings for contravention of this Act or of rules or
regulations made there under, or any other law for the time being in force;
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(j) the
applicant, in all other respects, is a fit and proper person for the grant of
a certificate;
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(k) the
applicant conforms to such other conditions as the Authority may be specified
by regulations.
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21. (1) The Authority shall, on receipt
of the application under section 20 for grant of certificate of registration,
make necessary inquiry, in such manner as may be specified by regulations, to
ascertain the eligibility of the
applicant specified under section 20.
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(2)
The Authority shall, on being
satisfied, ―
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(a) issue a
certificate of registration as an accreditation agency, on such terms and
conditions as may be specified in such certificate, subject to the provisions
of this Act and rules and regulations
made there under; or
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(b) reject
the application for reasons to be recorded in writing if such application
does not conform to the provisions of this Act or rules or regulations made there
under, or the provisions of any other law for the time being in force:
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Provided that no
application shall be rejected unless the applicant has been given an
opportunity of being heard.
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(3) The
Authority shall, while issuing a certificate of registration, approve the
documents referred to in clauses (a) to (e) of sub-section (2) of section 20 as such or with
such modifications, as it may deem fit, and thereupon the accreditation
agency shall follow the procedures and conditions so approved in the process
of accreditation.
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(4) The documents approved under
sub-section (2) shall be
considered as an integral part of the certificate of registration which shall
not be modified or altered without the approval of the Authority.
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(5) The
Authority may, if it so deems fit, in the certificate of registration granted
to an accreditation agency, limit the area for which such accreditation
agency may exercise its duties and responsibilities of accreditation.
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(6) A
certificate of registration shall be valid for a period of five years unless
such certificate is revoked earlier in accordance with the provisions of this
Act.
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22.
(1) A certificate of registration
granted under section 22 may, on an application made by the accreditation
agency, be renewed by the Authority for such period and on payment of such
fees as may be specified by regulations.
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(2) No application for renewal of
the certificate of registration made under sub-section (1) shall be rejected unless the
applicant has been given a reasonable opportunity of being heard in the
matter.
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23. No accreditation
agency shall, without the prior approval of the Authority effect any change
in its ownership, or governing body or board of trustees, or the memorandum
of association or articles of association or the trust deed.
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24. The Authority, may,
in the public interest or for ensuring advancement of academic quality, on an
application of the accreditation agency or otherwise, make such alterations
and amendments in the terms and conditions of the certificate of registration
as it thinks fit, in accordance with such procedure as may be specified by
regulations.
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25. (1)
If the Authority, on a complaint or otherwise, and after making such enquiry
as it deems fit, is satisfied that public interest so requires, it may revoke
the certificate of registration in any of the following cases, namely:—
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(a) where the
accreditation agency, in the opinion of the Authority, makes wilful or
continuous default in any act of commission or omission as required by or
under this Act, or the rules or regulations made there under;
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(b) where the
accreditation agency commits breach of any of the terms or conditions of the
certificate of registration which is expressly declared by such certificate
of registration to render it liable to revocation;
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(c) where the
accreditation agency fails, within the period fixed in this behalf by his
certificate of registration, or any longer period which the Authority may
have granted there for, to show, to the satisfaction of the Authority, that
such agency is in a position fully and efficiently to discharge the duties and
obligations imposed on it by its certificate of registration;
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(d) where in
the opinion of the Authority the financial position of the Accreditation
Agency is such that such agency is unable fully and efficiently to discharge
the duties and obligations imposed on it by its certificate of registration;
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(e) the accreditation agency has ceased
to exist.
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(2) No certificate of registration
shall be revoked under sub-section (1)
unless the Authority has given to the accreditation agency not less than
thirty days notice, in writing, stating the grounds on which it is proposed
to revoke the certificate of registration, and has considered any cause shown
by the accreditation agency within the period of that notice, against the
proposed revocation.
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(3) Where
in its opinion, the public interest so requires or for ensuring the
advancement of service quality, the Authority may, on conclusion of the
enquiry under sub-section (1),
suspend the certificate of registration granted to the accreditation agency
till such time as a decision on the revocation of such certificate of
registration or otherwise, is taken by the Authority.
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(4) Where the Authority revokes a
certificate of registration under this section, it shall serve an order of
revocation upon the accreditation agency and fix a date on which the
revocation shall take effect; and such revocation shall be without prejudice
to the action which may be taken against it as under any other law for the
time being in force.
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(5) The Authority may, instead of
revoking a certificate of registration under sub-section (1), permit it to remain in force
subject to such further terms and conditions as it thinks fit to impose, and
any further terms or conditions so imposed shall be binding upon and be
observed by the accreditation agency and shall be of like force and effect as
if they were contained in the certificate of registration.
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(6) The Authority shall publish on
its website any action initiated under this section, and the final decision
on the revocation of the certificate of registration or otherwise together
with all documents and reasons for such decision.
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(7) Where the certification of any
accreditation agency has been revoked under sub-section (4) on grounds referred to in
sub-section (1), the
Authority shall, within a period of sixty days from the date of such
revocation, conduct an audit of all the scientific services accredited by
such agency within a period of one year before the date of such revocation.
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(8)
The Authority shall, while suspending or revoking a certificate of
registration, take, or cause to be taken, such measures which may be
necessary to protect the interests of forensic service providers.
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26. Any person,
aggrieved by an order or decision of the Authority under this Chapter or
section 31, may prefer an appeal, against such order to the Central
Government within a period of sixty days from the date of the order, in such
form and manner and accompanied with such documents as may be prescribed:
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Provided
that the Central Government may entertain an appeal after the expiry of the
said period of sixty days, if it is satisfied that the appellant has
sufficient cause for not preferring the appeal within the period of sixty
days.
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27.
(1) Every accreditation agency shall
accredit a forensic science laboratory and other institutions on an
application made to it by such laboratory or institution in such form and
manner, and on payment of such fees, as may be specified by regulations.
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(2)
The processes and procedures for accreditation of a forensic science laboratory
and other institutions in such laboratory or institution shall be such as may
be specified by regulations.
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(3)
The accreditation of the forensic
science laboratories and other institutions shall be done at such intervals and after such periods as may be
specified by the authority.
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(4) The
accreditation agency shall give a reasonable opportunity to the forensic
science laboratories and other institutions to file suggestions or
objections, if any, on the draft accreditation prepared by it and shall take
note of such suggestions or objections, if any, while finalising the
accreditation of such laboratory or institution.
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(6) The accreditation agency shall
publish on its website the accreditation, together with all documents and
reasons for such accreditation.
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28.
(1) Any person aggrieved by
the accreditation decided by any accreditation agency under this Chapter, may
apply to the Authority for withdrawal of such accreditation or its
modification.
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(2)
The Authority shall take a decision on an application made under
sub-section (1) within ninety
days.
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29. (1) Any forensic
science laboratory or institution accredited by any accreditation agency
under this Act, may make an application to the authority in such form and
manner accompanied with such fee and documents as may be specified by
regulations, for grant of licence to carry out the profession of forensic
science services under this Act.
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(2) The Authority shall, on receipt of an
application under sub-section (1), on being satisfied, grant license to such
forensic science laboratory or institution—
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(a)
which is in compliance with the norms and standards laid down by the
Authority, and accredited by the accreditation agencies registered under
section 30;
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(b) which has in its employment, the officers and other employees
certified and registered by the Authority for the purpose of undertaking
forensic science service.
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30. (1) The Authority
shall lay down, by regulations, the norms and standards to be complied with
by the forensic science laboratories accredited by the accreditation agencies
in different disciplines which, inter
alia, include the following standards, namely:—
(a) the quality assurance standards including testing and
infrastructure standards;
(b)
the standards relating to maintenance of integrity and accuracy of any
testing and analysis and identification thereof; and
(c)
the manner of comparisons to be performed by a forensic science laboratory
for use during the course of a criminal investigation or court proceeding.
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31. (1) The
accreditation agencies shall inspect the forensic science laboratories and
institutions and make a report to the Authority in such form and manner as
specified by the Authority.
(2)
The Authority shall evaluate the report, record its finding and grant license
to the forensic science laboratory certifying that it has complied with the
standards set by the Authority at the time being and for the period specified
in the licence.
(3)
The licence granted to a forensic science laboratory shall be entered in a
register to be maintained by the Forensic Advisory Council in such form and
manner as may be specified by regulations.
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32. (1) A forensic science laboratory or
institute which has been granted a licence under this Act may carry out the
profession of forensic science services and render or offer to render such
services to the public and any report relating to forensic science service
made by such laboratory or institute be valid proof of any testing or
analysis mentioned therein and be admissible in court of law.
(2)
No forensic science laboratory or institute, without obtaining a licence from
the Authority under this Act, shall carry out the profession of forensic
science services or render or offer to render such services to the public.
(3)
No report made by a forensic science laboratory or institute, without a
proper license granted by the Authority under this Act, shall be deemed to be
valid or admissible in any court of law without legal scrutiny by the trial
court.
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33.
(1)
Any person possessing such qualification, as may be specified by regulations,
may make an application in such form and manner accompanied with such fees
and documents as may be specified by regulations, to the Authority for
registration to practice the profession of forensic science.
(2) The Authority shall, on receipt of an
application under sub-section (1), require such person desiring to be a
practitioner of forensic science, to appear for a proficiency test to be
conducted by it in the discipline of forensic science applied for.
(3) The Authority
may register such person who obtains the minimum prescribed proficiency
grading determined by the Authority in the test referred to in sub-section
(2), and grant him a certificate of registration to practice in such
discipline of forensic science in the
(4)
Any person who does not obtain the minimum qualifying grading in the
proficiency test may reappear in the proficiency test after expiry of a
period of one year from the date of such proficiency test.
(5)
The Authority may register a person certified for any specific discipline of
forensic science by any other forensic science body, subject to condition
that the qualifications specified by such body are of comparable standard
with that of the qualifications and criteria specified by the Authority under
this Act:
Provided
that nothing in this sub-section shall exempt such person from appearing for
the proficiency test held thereafter for grant of certificate of
registration.
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34. (1) The certificate
of registration to practice in a discipline of forensic science granted under
section 33 shall be valid for a period of three years from the date of
registration.
(2)
The Authority shall renew the certificate of registration to practice in a
discipline of forensic science before the expiry of the period of three years
on fulfilling of such criteria as may be specified by regulations.
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35. The Authority shall
review the qualifications and standards of proficiency test for each and
every discipline of forensic science under this Act.
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36. (1)
No person shall, notwithstanding anything in any other law for the time being
in force, practice the profession of forensic science in any of its discipline
without obtaining a certificate of registration under section 33.
(2) Any person who
practices in forensic science without obtaining the certificate of registration
under this Act shall be liable for prosecution for unauthorised practice, and
any report made by such person shall not be admissible in any court of law in
terms of this Act to be evidence.
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37. The Advisory Council
shall recommend measures for utilisation of forensic science research in
developing standards and services to the consumers of forensic science
services.
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38. (1) The Authority shall, within a period of
eighteen months from the commencement of this Act—
(a)
formulate and notify a comprehensive strategy for fostering and improving
peer-reviewed scientific research relating to the forensic science
disciplines;
(b)
conduct a survey of scientific research needs in each forensic science
discipline in the identified key areas in which further scientific research
is needed;
(c)
establish the priorities for forensic science research funding;
(d)
review, every two years, in consultation with the Advisory Council, the priorities referred to in clause (c) and recommend any updates as necessary;
(e)
formulate a plan for encouraging collaboration among non-profit research
institutions with State and Central forensic science laboratories, private
forensic science laboratories, and private corporate establishments involved
in scientific education and research, and recommend to the Central Government
to develop and perform cost-effective and reliable research in forensic
sciences, consistent with the research priorities established under this
section.
(f)
clearly define the requirements for disclosure of sources of funding by
non-governmental entities for forensic science research conducted in
collaboration with government bodies, and safeguards to prevent conflicts of
interest or undue bias or influence;
(g)
specify and implement standards and best practices for each forensic science
discipline, including—
(i)
standard protocols;
(ii)
quality assurance standards; and
(iii)
standard terminology for use in reporting, including reports of
identifications, analyses, and comparisons of forensic evidence that may be used during a criminal investigation or court proceeding;
(h)
prepare and implement a plan for—
(i)
supporting the education and training of judges, advocates and personnel of
the law enforcement agencies in forensic sciences and fundamental scientific
principles, including the use and evaluation of forensic
science evidence; and
(ii)
developing a standard curriculum for education and training referred to in
sub-clause (i);
(i)
prepare and notify a plan for supporting the development of undergraduate and
post-graduate education programs and standards of such education programmes
in forensic science disciplines and related fields.
(2) The plan referred to in clause (e) of sub-section (1) shall include—
(a)
incentives for non-governmental entities to invest significant resources into
conducting necessary research in forensic sciences;
(b)
procedures for ensuring the research to be conducted with sufficient
scientific rigor which can be relied upon by—
(i)
the Authority in developing standards under this Act; and
(ii)
the forensic science personnel;
(3) The Authority shall, in consultation
with the Advisory
Council, evaluate and update, from time to time,
the measures referred to in sub-section (1).
(4) The Authority, in developing the uniform
standards and best practices referred to in clause (g) of sub-section (1), shall—
(a)
consult the Advisory Council, qualified professional organisations, educational
institutions and boards, and incorporate informed opinion in
evaluating data and adopting standards;
(b)
develop uniform standards and best practices designed to ensure the quality
and scientific integrity of data, results, conclusions, analyses, and reports
that are generated for use in the justice system and other official
applications.
(5) The Authority shall disseminate uniform
standards and best practices to the forensic science practitioners and
publish it on the website of the Authority.
(6) The Authority, in consultation with the
Forensic Advisory Council, shall ensure that the process for developing,
reviewing, and updating the uniform standards and best practices—
(a)
is open and transparent to the public; and
(b)
is finalised after affording an opportunity to the public for comment on
proposed standards with sufficient prior notice.
(7)
The Authority shall oversee the implementation of standards and measures
referred to in sub-section (1) and make recommendations to implement the
appropriate measures thereof.
(8) In this section, the expression “eligible entity” includes—
(a)
a non-profit academic or research institution;
(b)
any other entity designated as such by the National Institute of Standards
and Technology;
(c)
any other entity designated by NIST and any other national or international
agency in the field.
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39. (1) The Authority
shall create a corpus fund and formulate a scheme of “Forensic Improvement Grant” for providing
financial assistance for the
improvement of the Government Central, State and UT forensic science
laboratories and allied institutions registered by the Authority under this
Act to meet the standards laid down by the Authority.
(2)
The Authority shall lay down the additional criteria to be complied by the
forensic science laboratories and institutes to make them eligible for the
grants by the Authority.
(3)
The Authority shall institute grants for providing financial assistance for
setting up new Govt. forensic laboratories and institutes, and building
capacity and capability commensurate with the crime and population
statistics.
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40. The Authority, shall ensure—
(a)
accessibility of technical information, directly or indirectly; and
(b)
make grants to States and units of local government and other organisations
or institutions to provide training to judges, advocates, and law personnel
of law enforcement agencies on forensic sciences, and fundamental scientific
principles including the competent use and evaluation of forensic science
evidence.
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41. The Authority shall
take necessary steps to implement programmes in collaboration with
universities and other educational institutions for teaching courses in
accordance with the plan referred to in clause (i) of sub-section (1) of section 39.
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42. The Authority shall regularly—
(a) coordinate with the Central and State
agencies,
including the National Science Academies, DRDO,
DST, ICMR, and medical science academies, including recognized professional
bodies to make efficient and appropriate use of research expertise and
funding; and
(b) coordinate with the National
Investigation Agency, the Central Bureau of Investigation, Intelligence
Bureau, department of revenue intelligence and other central agencies
involved in national security, to determine ways in which the forensic
science disciplines may assist in internal security and emergency
preparedness.
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43. (1) The Authority shall, within a period of
eighteen months from the commencement of this Act, initiate exercises to develop
and
maintain a national database of important forensic indices helpful to curtail
recidivism.
(2)
The Authority shall be the custodian of the national database referred to in
sub-section (1) and be responsible for its management and use.
(3)
The Authority shall maintain and regulate the national database referred to
in sub-section (1) in such manner as may be specified by regulations made by
the Authority and approved by the Central Government.
(4)
The service providers shall contribute data to the national database and
ensure that data collected is accurately recorded or stored.
(5) The Authority shall, in consultation
with the Advisory
Council, implement a plan to encourage
interoperability among the existing databases and technologies in each of the
forensic science indices among all levels of the Government in States and
(6) The Authority, in consultation with the
authorised forensic
service providers, shall evaluate and update the national
database established under sub-section (1).
(7)
Notwithstanding anything in the Right to Information Act, 2005, the
information stored in the national database shall not be disclosed to any
person except in accordance with an order of the court.
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44. (1) The Authority shall, within a period of eighteen months from the
commencement of this Act specify by regulations, a code of ethics and conduct
for the forensic science practitioners and service providers.
(2)
The Authority shall while specifying the code of ethics and conduct under
sub-section (1),—
(a) consult the
qualified professional organisations; and
(b) consider any
recommendations in this regard made by the Advisory Council.
(3) The Authority shall, in accordance with the
procedure referred to in sub-section (2), evaluate and update the code of
ethics from time to time.
(3) The Authority shall, while specifying the
code of ethics and conduct under sub-section (1) also specify—
(a) the violations
thereof which shall constitute professional misconduct;
(b) the penalty for
violation of such code of ethics and conduct.
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