[1]THE PUNJAB FORENSIC SCIENCE AGENCY ACT 2007
( XIII of 2007)
[30th October, 2007]
An
Act
to establish the Punjab
Forensic Science Agency for forensic examination of documents, materials,
equipment, impressions or other objects.
Preamble.— Whereas it is expedient to provide for the establishment and
constitution of an Agency for the purpose of examination of forensic material
and rendering of expert opinion in respect thereof before Court, tribunal or
other authority and for connected matters; It is hereby enacted as follows:-
1.
Short title,
extent and commencement.— (1) This Act may be cited as the Punjab Forensic
Science Agency Act, 2007.
(2)
It extends to the whole of the Punjab.
(3)
It shall come into force at once.
2.
Definitions.—
(1) In this Act:
(a)
“Act” means the Punjab Forensic Science Agency Act,
2007;
(b)
“Agency” means the Punjab Forensic Science Agency
established and constituted under section 3 of the Act;
(c)
“authority” includes a police officer or a public
servant authorized to hold an investigation or inquiry under any law for the
time being in force;
(d)
“Code” means the Code of Criminal Procedure, 1898 (V of
1898);
(e)
“Director General” means the Director General of the
Agency appointed under section 7;
(f)
“expert” includes a qualified foreign expert working in
a forensic science facility and whose evidence is admissible in the country of
his origin;
(g)
“forensic material” means a document, material,
equipment, impression or any other object
connected with the commission of an offence, a civil cause or any other
proceedings;
(h)
“Government” means the Government of the Punjab;
(i)
“inquiry” includes an administrative inquiry;
(j)
“offence” means an act or omission made punishable
under any law for the time being in force;
(k)
“police officer” means a police officer appointed under
the Police Order, 2002 (22 of 2002), or any other person who has been conferred
with the powers of a police officer under any other law for the time being in
force;
(l)
“prescribed” means prescribed by the rules;
(m)
“rules” means the rules made under the Act; and
(n)
“Search Committee” means a Committee constituted for
making recommendation for appointment of Director General.
(2)
A word or an expression used in the Act and not defined
shall mean the same as in the Code.
3.
Establishment
and constitution of the Agency.— (1) The Government shall, by a
notification in the official Gazette, establish and constitute an Agency to be
called the Punjab Forensic Science Agency.
(2)
The Agency shall consist of the Director General and
experts and officials as may be appointed by the Government.
(3)
The Government may, by a notification in the official
Gazette, absorb in the Agency a body, bureau, laboratory or any other facility
of the Government concerned with the examination and rendering of expert
opinion about forensic material.
(4)
.An officer or an employee of the body, bureau,
laboratory or other facility absorbed in the Agency may opt for employment in
the Agency.
(5)
The officer or the employee who opts to become employee
of the Agency and is otherwise qualified shall be appointed in the Agency in
the prescribed manner.
4.
Functions of
the Agency.—The Agency shall:
(a)
undertake examination of forensic material;
(b)
render expert opinion with regard to examination of
forensic material conducted by it;
(c)
procure, operate and maintain scientific instruments
for examination of forensic material;
(d)
propose advancement in forensic techniques and suggest
use of suitable scientific instruments for examination of forensic material;
(e)
seek clarification from the person involved in collection
or handling of forensic material in the
prescribed manner;
(f)
recommend the procedure for the collection,
preservation and handling of forensic material;
(g)
subject to the direction of the Government, collect
forensic material that requires special expertise or scientific methods for
collection and preservation;
(h)
maintain record for examination of forensic material,
including record pertaining to the identity of a person connected with or
accused of an offence, in the prescribed manner;
(i)
promote general awareness on matters relating to
forensics; and
(j)
perform any other function connected with or ancillary
to the above functions.
5.
Superintendence
of the Agency.— The superintendence of the Agency shall vest in the
Government and shall be exercised in the prescribed manner.
6.
Administration
of the Agency.— The administration of the Agency shall vest in the Director
General.
7.
Appointment
of the Director General.— (1) The Government shall appoint the Director
General on the recommendation of the Search Committee.
(2)
The Director General shall be a qualified expert in one
or more disciplines of forensic science in accordance with the prescribed
standards.
(3)
The Director General shall hold office for a
non-renewable term of five years.
(4)
The Government shall determine the terms and conditions
of service of the Director General which shall not be varied during his term in
office.
(5)
The Government may, after notice and inquiry in the
prescribed manner, remove the Director General during the tenure of his office
on the ground of inefficiency, misconduct, corruption or inability to perform
functions due to medical reasons.
(6)
The Director General may tender his resignation to the
Government and shall cease to hold office upon acceptance of his resignation.
8.
Administrative
and financial powers of the Director General.— The Director General shall
exercise such administrative and financial powers as may be prescribed.
9.
Experts.—
(1) The Government shall appoint an expert in the prescribed manner.
(2)
No person shall be appointed as an expert unless he is
qualified to conduct examination of a forensic material.
(3)
A person appointed in the Agency as an expert shall be
deemed as an expert appointed under section 510 of the Code and a person
specially skilled in a forensic material under Article 59 of the Qanun-e-Shahadat
Order, 1984 (X of 1984).
(4)
The Government or the Agency shall not entrust
examination of a forensic material to a person who has been convicted of an
offence related to giving false evidence under any law for the time being in
force.
10.
Expert opinion.—
(1) A Court, tribunal or authority may send to the Agency, a forensic material
related to investigation or proceedings before it, for examination and expert
opinion.
(2)
The Agency shall authenticate and send expert opinion
to a Court, tribunal or authority in the prescribed manner.
(3)
An expert opinion shall carry the name and designation
of the expert who conducted the examination.
11.
Clarification
in case of certain opinion.— (1) If an expert opinion is not clear, the
Court, tribunal or authority may refer it to the Agency for clarification on a
specific question.
(2)
The Agency shall, on receipt of the reference, send
clarification on the question to the Court, tribunal or authority.
(3)
If the condition of the forensic material or any other
fact does not allow submission of a clear answer to the question, the Agency
shall state its inability to answer the question.
12.
Re-examination
of forensic material.— (1) A person affected by the opinion of an expert,
may for a sufficient cause, submit an application for re-examination before the
Court, tribunal or authority other than a police officer before which the
opinion is rendered or the Court or tribunal before which the opinion is
submitted by the authority.
(2)
If the Court, tribunal or authority is satisfied that
there are sufficient grounds for reconsideration of the opinion, it may, for
reasons to be recorded in writing, direct the Agency to reexamine the forensic
material.
(3)
The Director General shall, on receipt of the
direction, constitute a panel of three or more experts to re-examine the
forensic material or refer the same to a forensic examination facility for
examination and opinion.
(4)
The Director General shall submit the finding of the
expert or the forensic facility and his opinion to the Court, tribunal or
authority.
13.
Offence.—
(1) If an expert or official of the Agency knowingly or negligently renders
false, incorrect or misleading opinion before a Court, tribunal or authority,
he shall be punished with imprisonment which may extend to six months or with
fine which may extend to fifty thousand rupees or with both.
(2)
An offence under this Act shall be triable by a Court
of Sessions.
(3)
The Court shall not take cognizance of an offence under
this Act unless the Director General makes a complaint in writing in the
prescribed manner.
14.
Appeal.—
A person aggrieved by an order or sentence passed under section 13 may, within
thirty days, prefer an appeal to the Lahore High Court.
15.
Annual
Performance report. .— (1) The
Agency shall submit its annual performance report to the Government before July
31 in a year;
(2)
The Government shall, within the period of one month of
the receipt of the annual performance report, submit the same in the Provincial
Assembly of the Punjab.
16.
Act to be
read in conjunction with other laws.— The provisions of this Act shall be
read in conjunction with and not in derogation of any other law for the time
being in force.
17.
Power to
make rules.—The Government may make rules for giving effect to the
provisions of this Act.
[1]
This Act was passed by the Punjab Assembly on 4 October 2007; assented to by
the Governor of the Punjab on 29 October 2007; and, was published in the Punjab
Gazette (Extraordinary), dated 30 October 2007, pages 1453-56.
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