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.

(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.

(3)  The head office of the Authority shall be at New Delhi/NCR.

(4) The Authority may, in consultation with the Central Government, establish offices at such other places, as it may consider necessary.

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.

5. (1) A person shall be qualified to be appointed as the Chairperson or a Member, if such person―

(a) is not less than fifty-five years of age;

(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,

(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:

(a) Human identification (DNA technology)

(b)  Digital technology

(c) Chemical technology (including explosives & arson)

(d)  Criminalistics (fire arms, finger prints, foot prints, etc.), forensic documents. (e) Forensic Medicine and Toxicology (f) Informatics: Databases

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―

(a) Cabinet Secretary ..........Chairperson;

(b) Secretary in charge of forensic science in the Ministry of Home Affairs of the Government of India..........Member;

(c) An expert from the field of Forensic DNA and Biology or Digital forensics .......Member

(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;

(e) An expert in the field of law.........Member.

(f) Chairman, University Grants Commission…… Member. (g) President of INSA

(2) The Secretary to the Government of India dealing with forensic science shall be the Convenor of the meetings of the Selection Committee.

(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.

(4) The term of the Selection Committee and the manner of selection of panel of names shall be such as may be prescribed.

(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.

(6)  No appointment of the Chairperson or Member of the Authority shall be invalid merely by reason of any vacancy in the Selection Committee.

(7) Subject to the provisions of sub-sections (1) to (5), the Selection Committee may regulate its own procedure.

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:

Provided that the Chairperson or the Member shall not hold office as such after he has attained the age of seventy years.

(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.

8. (1) The Central Government may remove from office the Chairperson or any Member, who—

(a) has been adjudged an insolvent; or

(b) has engaged at any time, during his term of office, in any paid employment; or

(c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or

(d) has become physically or mentally incapable of acting as such Chairperson or other Member; or

(e)  is of unsound mind and stands so declared by a competent court; or

(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

(g) has so abused his position as to render his continuance in office prejudicial to the public interest; or

(h) has been guilty of proved misbehaviour; or

(i)  has such other disqualifications as may be prescribed.

(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.

(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.

(4) The Central Government may, by rules, regulate the procedure for the inquiry referred to in sub-section (2).

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.

10.  No act or proceeding of the Authority shall be invalid merely by reason of—

(a) any vacancy in, or any defect in the constitution of the Authority; or

(b) any defect in the appointment of a person acting as a Member of the Authority; or

(c) any irregularity in the procedure of the Authority not affecting the merits of the case.

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:

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.

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.

(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.

(3) The officers and other employees of the Authority shall discharge their functions under the general superintendence of the Chairperson.

(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.