CHAPTER V COMPLAINTS AND INQUIRIES

45. (1) The Authority shall constitute a Disciplinary Committee to receive and inquire into the complaints from any person for any omission or commission or deficiency or negligence or malpractice on the part of any forensic science practitioner or forensic science laboratory or any other institution which renders or offers to render, or provides any forensic science service. (2) The Advisory Council may nominate not more than five registered members from each discipline as members of the Disciplinary Committee for the relevant discipline to inquire into the complaints referred to in sub-section (1).  (3) Any person may make a complaint to the Disciplinary Committee in writing,— (a) against any omission or commission or deficiency or negligence or malpractice on the part of any forensic science practitioner or forensic science laboratory or any other institution which renders or offers to render, or provides any forensic science service; (b) with regard to rendering or provision of any forensic science service by any forensic science practitioner or forensic science laboratory or any other institution which renders or offers to render, or provides any forensic science service without registration or authorisation or license granted under this Act. (4) The Disciplinary Committee may, either on receipt of the complaint or otherwise, inquire into any matter against any forensic science practitioner or forensic science laboratory or any other institution, if it is satisfied that there is sufficient ground to believe that such forensic science practitioner or forensic science laboratory or other institution has failed to perform the obligations under this Act.

46. (1) The Disciplinary Committee shall, while inquiring into any matter under this Act, have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely— (a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things; (b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavit; (d) requisitioning any public record or copies thereof from any court or office; (e) issuing summons for examination of witnesses or documents; and (f) any other matter which may be prescribed. (2) Notwithstanding anything inconsistent in any other law for the time being in force, the Disciplinary Committee may, during the inquiry into any complaint under this Act, examine any record to which this Act applies which is under the control of the Committee, and no such record may be withheld from it on any grounds. (4)  The Disciplinary Committee shall inquire into any matter in such manner as may be specified by regulations. (5) The Disciplinary Committee shall maintain a register of complaints containing such particulars and such record of proceedings as may be specified by regulations.

47. The parties to any proceedings under this Chapter may be represented through a legal counsel.

48. (1) The Disciplinary Committee may, on the basis of an inquiry made in accordance with the procedure laid down by or under this Act— (a) impose a monetary penalty for violation of code of ethics and conduct which may extend up to one lakh rupees; (b) direct to the Authority for suspension or cancellation or withdrawal of registration or accreditation or certificate, as the case may be; (c) direct to the Authority for withdrawal or refusal of grants; (d) in cases of severe violation of code of ethics and conduct, or unethical or unprofessional conduct, the initiation of criminal prosecution.

49. Any person, aggrieved by an order of the Disciplinary Committee under section 48, may, within a period of thirty days from the date of such order prefer an appeal to the Appellate Tribunal constituted under section 50: Provided the Appellate Authority may admit the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

50. (1) The Central Government shall constitute an Appellate Authority consisting of a retired Judge of a High Court, and one other member from amongst the forensic science practitioners having not less than twenty-five years of experience in the forensic science service, to hear and dispose of the appeal preferred under section 49. (2) The manner of selection of members of the Appellate Tribunal shall be such as may be prescribed. (3) The Appellate Authority shall hear and dispose of the appeal in such manner and follow such procedure and have such powers as may be prescribed. (4) The remuneration or allowances payable to, and other conditions of service of, the members of the Appellate Tribunal shall be such as may be prescribed.