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.

(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:—

(a) lay down policies, standards and norms  to regulate forensic science services;

(b) lay down norms and policies for the purpose of accreditation of forensic science laboratories and institutions;

(c) undertake periodical review of norms and policies referred to in clauses (a) and (b);

(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;

(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;

(f)  specify and monitor standards on selection and training of experts for the purposes of forensic science services and accredited laboratories and institutions;

(g) levy of fees or other charges under this Act;

(h) recommend improvement of quality forensic science services & accredited laboratories

(i)  advise the Central Government or any State Government on any policy matter concerning forensic science which may be referred to it;

(j) take measures for development of methodologies of accreditation in collaboration with forensic science practitioners and accredited laboratories and institutions;

(k) promote research and innovation in forensic science;

(l) collect, compile and disseminate information in the field of forensic science to the public, including stakeholders;

(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;

(n)  perform such other functions as may be prescribed.

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.

(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.

(3) Every application under sub-section (1) shall be accompanied by the following, namely:—

(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;

(b) a credible mechanism for transparency in respect of the financial status and financial dealings of the applicant;

(c) a reliable public information disclosure policy for accreditation of forensic science laboratories and other institutions;

(d) complete processes and procedures to be followed by the applicant in the accreditation of forensic science laboratories and other institutions;

(e) such other documents as may be specified by regulations.

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:—

(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;

(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;

(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;

(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;

(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;

(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;

(h) the applicant has, in its employment, persons having adequate professional and other relevant experience to the satisfaction of the Authority;

(i) the applicant, or any person directly or indirectly connected with the applicant, has in the past not been—

(i) refused by the Authority a certificate of registration under this Act; or

(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;

(j) the applicant, in all other respects, is a fit and proper person for the grant of a certificate;

(k) the applicant conforms to such other conditions as the Authority may be specified by regulations.

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.

(2) The Authority shall, on being  satisfied, ―

(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

(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:

Provided that no application shall be rejected unless the applicant has been given an opportunity of being heard.

(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.

(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.

(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.

(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.

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.

(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.

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.

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.

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:—

(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;

(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;

(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;

(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;

(e) the accreditation agency has ceased to exist.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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:

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.

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.

(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.

(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.

(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.

(6) The accreditation agency shall publish on its website the accreditation, together with all documents and reasons for such accreditation.

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.

(2)  The Authority shall take a decision on an application made under sub-section (1) within ninety days.

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.

(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—

(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;

(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.

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.

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.

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.

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 territory of India. (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.

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.

35. The Authority shall review the qualifications and standards of proficiency test for each and every discipline of forensic science under this Act.

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.

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.

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.

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.

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.

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.

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.

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 Union territories, and with the private sector. (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.

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.