The DNA Technology (Use and Application) Regulation Bill, 2019 |The LexSphere Library

SECTION Section 1

Untitled Section

•THE DNA TECHNOLOGY (USE AND APPLICATION) REGULATION

•BILL, 2019

•——————

•ARRANGEMENT OF CLAUSES

•——————

SECTION Section 10

Untitled Section

7.Member not to participate in meetings in certain cases.

SECTION Section 100

Untitled Section

23.(1) For the purposes of this Act, samples for DNA testing may be collected from

•the following sources, namely:—

(a)bodily substances;

(b)scene of occurrence or scene of crime;

(c)clothing and other objects; or

(d)such other sources as may be specified by regulations.

(2)For the purposes of sub-section ( 1),—

(a)any intimate bodily substance from living persons shall be collected, and

•intimate forensic procedures shall be performed, by a medical practitioner;

(b)any non-intimate bodily substance shall be collected and non-intimate

•forensic procedure shall be performed by the technical staff trained for the collection

•of samples for DNA testing, under the supervision of a medical practitioner or a

•scientist having expertise in molecular biology or such other person as may be

•specified by regulations:

•Provided that before collecting bodily substances for DNA testing of a victim

•or a person reasonably suspected of being a victim who is alive, or a relative of a

•missing person, or a minor or a disabled person, written consent of such victim or

•such relative or the parent or guardian of such minor or disabled person shall be

•obtained and, in case of refusal, the person investigating the case may make an

•application to the Magistrate having jurisdiction, for obtaining such bodily

•substances and the Magistrate, if he is satisfied that there is reasonable cause for

•taking the bodily substances from such person, order for taking of bodily substances

•from that person.

(3)For the purposes of this section,—

(a)“intimate bodily substance” means a sample of blood, semen or any other

•tissue, fluid, urine or pubic hair, or a swab taken from a person's body orifice other

•than mouth; or skin or tissue from an internal organ or body part, taken from or of a

•person, living or dead;

(b)“intimate forensic procedure” means any of the following forensic procedures

•conducted on a living person, namely:—

(i)external examination of the genital or anal area, the buttocks and breasts

•in the case of a female;

•(ii) taking of a sample of blood;

•(iii) taking of a sample of pubic hair;

•(iv) taking of a sample by swab or washing from the external genital or

•anal area, the buttocks and breasts in the case of a female;

(v)taking of a sample by vacuum suction, by scraping or by lifting by

•tape from the external genital or anal area, the buttocks and breasts in the case

•of a female;

•Sources and

•manner of

•collection of

•samples for

•DNA testing.

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•(vi) taking of a photograph or video recording of, or an impression or

•cast of a wound from, the genital or anal area, buttocks and breasts in the case

•of a female;

(c)“non-intimate bodily substance” means any of the following taken from or

•of a person, living or dead, namely:—

(i)handprint, fingerprint, footprint or toe print;

•(ii) a sample of hair other than pubic hair;

•(iii) a sample taken from a nail or under a nail;

•(iv) swab taken from any part of a person's body including mouth, but

•not any other body orifice;

(v)saliva; or

•(vi) a skin impression;

(d)“non-intimate forensic procedure” means any of the following forensic

•procedures conducted on a living individual, namely:—

(i)examination of a part of the body other than the genital or anal area,

•the buttocks and breasts in the case of a female, that requires touching of the

•body or removal of clothing;

•(ii) taking of a sample of hair other than pubic hair;

•(iii) taking of a sample from a nail or under a nail;

•(iv) taking of a buccal swab with consent;

(v)taking of a sample by swab or washing from any external part of the

•body other than the genital or anal area, the buttocks and breasts in the case of

•a female;

•(vi) scraping or lifting by tape from any external part of the body other

•than the genital or anal area, the buttocks and breasts in the case of a female;

•(vii) taking of a handprint, fingerprint, footprint or toe print; or

•(viii) taking of a photograph or video recording of, or an impression or

•cast of a wound from, a part of the body other than the genital or anal area, the

•buttocks and breasts in the case of a female.

SECTION Section 101

Untitled Section

24.If the trial court is satisfied with the plea of the accused person that the bodily

•substances taken from such person or collected from the place of occurrence of crime had

•been contaminated, the court may direct the taking of fresh bodily substances for

•re-examination.

SECTION Section 102

Untitled Section

•CHAPTER V

•DNA D

•ATA BANK

SECTION Section 103

Untitled Section

25.(1) The Central Government shall, by notification, establish a National DNA Data

•Bank and such number of Regional DNA Data Banks for every State, or two or more States,

•as it may deem necessary.

(2)A Regional DNA Data Bank shall share all DNA data stored and maintained by it

•with the National DNA Data Bank.

(3)The National DNA Data Bank shall receive DNA data from Regional DNA Data

•Banks and shall store the DNA profiles received from the DNA laboratories in such format

•as may be specified by regulations.

•Taking of

•bodily

•substances for

•re-

examination.

•Establishment

•of DNA Data

Banks.

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SECTION Section 104

Untitled Section

26.(1) Every DNA Data Bank shall maintain the following indices for various categories

•of data, namely:—

(a)a crime scene index;

(b)a suspects' index or undertrials' index;

(c)an offenders' index;

(d)a missing persons' index; and

(e)unknown deceased persons' index.

(2)In addition to the indices referred to in sub-section ( 1), every DNA Data Bank

•shall maintain, in relation to each DNA profile, the following information, namely:—

(a)in case of a profile in the suspects' index or undertrials' index or offenders'

•index, the identity of the person from whose bodily substances the profile was

•derived; and

(b)in case of a profile, other than a profile in the suspects' index or undertrials'

•index or offenders' index, the case reference number of the investigation associated

•with the bodily substances from which the profile was derived.

(3)The indices maintained under sub-section ( 1) shall include information of data

•based on DNA testing and records relating thereto, prepared by a DNA laboratory.

SECTION Section 105

Untitled Section

27.(1) The Central Government shall appoint a Director of the National DNA Data

•Bank, on the recommendations of a selection committee to be constituted by that

•Government, in such manner and consisting of such persons, as may be prescribed, for the

•purposes of execution, maintenance and supervision of the National DNA Data Bank.

(2)The Director of the National DNA Data Bank shall be a person of eminence

•possessing such educational qualifications and experience in biological sciences, as may

•be prescribed.

(3)The Director of the National DNA Data Bank shall be not below the rank of a

•Director to the Government of India or equivalent and shall function under the supervision

•and control of the Board.

(4)The Director of the National DNA Data Bank shall exercise such powers and

•perform such duties, as may be specified by regulations.

(5)The Central Government may appoint a Director for each Regional DNA Data

•Bank, who shall be not below the rank of Deputy Secretary to the Government of India or

•equivalent, and shall function under the supervision and control of the Board.

SECTION Section 106

Untitled Section

28.(1) The Board may, with the approval of the Central Government, appoint such

•officers and other employees, as it considers necessary, for the efficient discharge of the

•functions of the National DNA Data Bank and the Regional DNA Data Banks.

(2)The salaries and allowances payable to, and the terms and other conditions of

•service including the manner of appointment, of the Director of the National DNA Data

•Bank and the Director of each of the Regional DNA Data Bank shall be such as may be

prescribed.

(3)The Board may appoint such number of officers and experts and other employees

•to assist the DNA Data Banks in the discharge of its functions, on such remunerations and

•upon such terms and conditions of service, including the manner of appointment, as may

•be specified by regulations.

SECTION Section 107

Untitled Section

29.(1) The criteria and procedure to be followed by the National DNA Data Bank on

•receipt of a DNA profile for comparison with DNA profiles maintained in the DNA Data

•Bank and communication of the results shall be made to such persons and in such manner

•as may be specified by regulations:

•Maintenance

•of indices by

•DNA Data

Bank.

•Directors of

•DNA Data

Banks.

•Officers and

•other

•employees of

•National DNA

•Data Bank

•and Regional

•DNA Data

Banks.

•Comparison

•and

•communication

•of DNA

profiles.

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•Provided that if the DNA profile is derived from the bodily substances of a living

•person who is neither an offender nor a suspect or an undertrial, no comparison shall be

•made of it with the DNA profiles in the offenders' index or suspects' index or undertrials'

•index maintained in the DNA Data Bank.

(2)Any information relating to a person's DNA profile contained in the suspects'

•index or undertrials' index or offenders' index of the DNA Data Bank shall be communicated

•only to the authorised persons.

SECTION Section 108

Untitled Section

30.(1) On receipt of a DNA profile from the Government of a foreign State or an

•international organisation or any institution of such Government or international

•organisation, the National DNA Data Bank may compare such DNA profile with the DNA

•profiles contained in the crime scene index, the offenders' index, the suspects' index, the

•undertrials' index, the missing persons' index and the unknown deceased persons' index, to

•determine whether there is a match between the profiles and the Director of the National

•DNA Data Bank may, with the prior approval of the Central Government communicate any

•of the following information to such Government or organisation or institution, as the case

•may be, through any agency authorised by notification by the Central Government,

•namely:—

(a)that there is no match between the profiles;

(b)if there is a match between the profiles, any information relating to such

•matching DNA profile; or

(c)if, in the opinion of the Director of National DNA Data Bank, the DNA profile

•is similar to the one contained in the DNA Data Bank, information relating to such

•similar DNA profile.

(2)After receiving the similar DNA profile under clause (c) of sub-section (1), if the

•foreign Government or organisation or institution referred to in sub-section (1) informs that

•the possibility of a match between the similar DNA profile with the DNA profile provided by

•it has not been excluded, any further information in relation to such similar DNA profile may

•also be furnished in the manner specified in sub-section ( 1).

(3)The Central Government may, in consultation with the Board,—

(a)determine the nature and extent of sharing DNA profiles in respect of

•offenders, suspects, undertrials, missing persons and unknown deceased persons

•with the Government of a foreign State or an international organisation or an institution

•established by that Government or organisation, as the case may be;

(b)seek similar information from such foreign State, organisation or institutions,

•and the provisions of sub-sections ( 1) and (2) shall mutatis mutandis, apply.

SECTION Section 109

Untitled Section

31.(1) The information contained in the crime scene index shall be retained.

(2)The Director of the National DNA Data Bank shall remove from the DNA Data

•Bank the DNA profile,—

(i)of a suspect, after the filing of the police report under the statutory provisions

•or as per the order of the court;

•(ii) of an undertrial, as per the order of the court,

•under intimation to him, in such manner as may be specified by regulations.

(3)The National DNA Data Bank shall, on receiving a written request of a person who

•is neither an offender nor a suspect or an undertrial, but whose DNA profile is entered in the

•crime scene index or missing persons' index of the DNA Data Bank, for removal of his DNA

•profile therefrom, remove the DNA profile of such person from DNA Data Bank under

•intimation to the person concerned, in such manner as may be specified by regulations:

•Sharing of

•DNA profiles

•with foreign

•Government

•or

•international

organisation.

•Retention and

•removal of

records.

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•Provided that where such DNA profile is of a minor or a disabled person, removal

•shall be made on receiving written request from a parent or the guardian of such minor or

•disabled person.

(4)Subject to this section, the criteria for entry, retention and removal of any DNA

•profile in, or from, the DNA Data Bank and DNA laboratories shall be such as may be

•specified by regulations.

SECTION Section 11

Untitled Section

8.Removal and resignation of Chairperson or Member and filling up of casual

•vacancies of Board.

SECTION Section 110

Untitled Section

•CHAPTER VI

•P

•ROTECTION OF INFORMATION

SECTION Section 111

Untitled Section

32.(1) Subject to the provisions of this Act, the Board shall ensure that the information

•relating to DNA profiles, DNA samples and any records thereof, forwarded to, or in custody

•of the National DNA Data Bank or the Regional DNA Data Bank or a DNA laboratory or any

•other person or authority under this Act, are secured and kept confidential.

(2)The Board shall take all necessary measures to ensure that the information

•referred to in sub-section (1) are protected against access, use or disclosure not permitted

•under this Act or regulations made thereunder, and against accidental or intentional

•destruction, loss or damage.

(3)Without prejudice to sub-sections (1) and (2), the Board shall—

(a)adopt and implement appropriate technical and organisational security

•measures;

(b)ensure that every agency appointed or engaged for performing any functions

•under this Act have in place appropriate technical and organisational security measures

•for the information; and

(c)ensure that the agreements or arrangements, entered into with any

•investigation agency, international organisation or institution, impose obligations

•equivalent to those imposed on the Board under this Act, and require such agency,

•organisation or institution to act only on instructions from the Board.

(4)Notwithstanding anything contained in any other law for the time being in force,

•and save as otherwise provided in this Act, the Board or any of its officers or other employee,

•the Director of the National or Regional DNA Data Bank or any of its officers or other

•employees, or the in-charge and other staff of DNA laboratory or any officer or employee of

•the agency engaged under this Act shall not, whether during his service or thereafter,

•reveal any information relating to DNA profiles, DNA samples and any records thereof to

anyone.

SECTION Section 112

Untitled Section

33.All DNA data, including DNA profiles, DNA samples and records thereof,

•contained in any DNA laboratory and DNA Data Bank shall be used only for the purposes

•of facilitating identification of the person and not for any other purpose.

SECTION Section 113

Untitled Section

34.Any information relating to DNA profiles, DNA samples and records thereof,

•maintained in a DNA Data Bank shall be made available for the following purposes, namely:—

(a)facilitating the identification of persons in criminal cases by the law

•enforcement and investigating agencies;

(b)judicial proceedings, in accordance with the rules of admissibility of

•evidence;

•(c ) facilitating prosecution and adjudication of criminal cases;

(d)taking defence by an accused in the criminal case in which he is charged;

•Security and

•confidentiality

•of

information.

•Use of DNA

•profiles, DNA

•samples and

•records, etc.,

•for

•facilitating

•identification

•of persons.

•Access to

•information

•in certain

cases.

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(e)investigation relating to civil disputes or other civil matters or offences or

•cases specified in the Schedule, by making such information available to the concerned

•parties with the approval of the court, or to the concerned authority; or

(f)such other purposes, as may be specified by regulations.

SECTION Section 114

Untitled Section

35.Access to such information contained in the National DNA Data Bank and the

•Regional DNA Data Banks may be made available by the Director, if he considers

•appropriate,—

(a)to a person or class of persons, for the sole purpose of proper operation and

•maintenance of the DNA Data Bank; and

(b)to the personnel of any DNA laboratory for the sole purpose of training,

•in accordance with such terms and conditions as may be specified by regulations.

SECTION Section 115

Untitled Section

36.A person who is authorised to access an index of the DNA Data Bank, including

•information of DNA identification records or DNA profile in that index, may also access that

•index for the purposes of carrying out one time keyboard search on information obtained

•from any DNA sample collected for the purpose of criminal investigation, except for a DNA

•sample voluntarily submitted solely for elimination purposes.

Explanation.—For the purposes of this section, “one time keyboard search” means

•a search under which information obtained from a DNA sample is compared with the

•information in the index of the DNA Data Bank, without resulting in the information obtained

•from the DNA sample being included in the index.

SECTION Section 116

Untitled Section

37.Access to the information in the crime scene index contained in the DNA Data

•Bank shall be restricted, in such manner as may be specified by regulations, if such

•information relates to a DNA profile derived from bodily substances of—

(a)victim of an offence which forms or formed the object of relevant

•investigation; or

(b)a person who has been eliminated as a suspect in the relevant investigation.

SECTION Section 117

Untitled Section

38.(1) No person who receives the DNA profile for entry in the DNA Data Bank shall

•use it or allow or cause it to be used for purposes other than those for which it has been

•collected in accordance with the provisions of this Act.

(2)Save as otherwise provided in this Act, no person shall communicate, or authorise

•the communication of, or allow or cause to be communicated, any information on DNA

•profiles contained in the DNA Data Banks or the information communicated under

SECTION Section 118

Untitled Section

•section 29 or section 30.

(3)No person to whom information is communicated or who has access to information

•under this Act shall use that information for any purpose other than for which the

•communication or access is permitted under the provisions of this Act.

SECTION Section 119

Untitled Section

•CHAPTER VII

•F

•INANCE, ACCOUNTS, AUDIT AND REPORTS

SECTION Section 12

Untitled Section

9.Vacancies, etc., not to invalidate proceedings of Board.

SECTION Section 120

Untitled Section

39.The Central Government may, after due appropriation made by Parliament by law,

•in this behalf, make to the Board grants of such sums of money as the Central Government

•may consider necessary.

SECTION Section 121

Untitled Section

40.(1) There shall be constituted a Fund to be called the DNA Regulatory Board

•Fund and there shall be credited thereto—

(a)any grants and loans made to the Board under this Act;

(b)all sums received by the Board including fees or charges, or donations from

•such other source as may be decided by the Central Government; and

•Access to

•information

•for operation,

•maintenance

•and training.

•Access to

•information

•in DNA Data

•Bank for one

•time keyboard

search.

•Restriction on

•access to

•information

•in crime scene

index.

•Prohibition

•on access to

•information

•in DNA Data

Bank.

•Grants by

•Central

Government.

•DNA

•Regulatory

•Board Fund.

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(c)any income from investment of the amount of the Fund.

(2)The Fund shall be applied by the Board for meeting,—

(a)the salaries and allowances payable to the Members, the officers, experts

•and the other employees, including administrative expenses, of the Board; and

(b)the expenses for carrying out the purposes authorised under this Act.

SECTION Section 122

Untitled Section

41.(1) The Board shall prepare, in such form and at such time in each financial year,

•as may be prescribed, its budget for the next financial year showing the estimated receipts

•and expenditure of the Board and forward the same to the Central Government.

(2)The Board, with the prior approval of the Central Government, shall adopt financial

•regulation which specifies in particular, the procedure for drawing up and implementing the

•Board's budget.

SECTION Section 123

Untitled Section

42.The Board shall prepare in such form and at such time in each financial year, as

•may be prescribed, its annual report giving a full account of its activities during the previous

•financial year and submit a copy thereof to the Central Government.

SECTION Section 124

Untitled Section

43.(1) The Board shall maintain proper accounts and other relevant records and

•prepare an annual statement of accounts in such form as may be prescribed in consultation

•with the Comptroller and Auditor-General of India.

(2)The Comptroller and Auditor-General of India and any person appointed by him

•in connection with the audit of the accounts of the Board under this Act shall have the

•same rights and privileges and authority in connection with such audit as the Comptroller

•and Auditor-General of India generally has in connection with the audit of Government

•accounts and, in particular, shall have the right to demand the production of books, accounts,

•connected vouchers and other documents and papers and to inspect any of the offices of

•the Board.

(3)The accounts of the Board, as certified by the Comptroller and Auditor-General of

•India or any other person appointed by him in this behalf, together with the audit report

•thereon shall be forwarded annually to the Central Government by the Board.

(4)The accounts of the Board shall be audited by the Comptroller and Auditor-

•General of India annually and any expenditure incurred in connection with such audit shall

•be payable by the Board to the Comptroller and Auditor-General of India.

SECTION Section 125

Untitled Section

44.The Central Government shall cause the annual report and auditor's report of the

•Board to be laid, as soon as may be after they are received, before each House of Parliament.

SECTION Section 126

Untitled Section

•CHAPTER VIII

•O

•FFENCES AND PENALTIES

SECTION Section 127

Untitled Section

45.Whoever, by virtue of his employment or official position or otherwise, has in his

•possession, or having access to, individually identifiable DNA information kept in the

•DNA laboratory or DNA Data Bank, wilfully discloses it in any manner to any person or

•agency not entitled to receive it under this Act, or under any other law for the time being in

•force, shall be punishable with imprisonment for a term which may extend to three years and

•also with fine which may extend to one lakh rupees.

SECTION Section 128

Untitled Section

46.Whoever, without authorisation, wilfully obtains individually identifiable DNA

•information from the DNA laboratory or DNA Data Bank, shall be punishable with

•imprisonment for a term which may extend to three years and also with fine which may

•extend to one lakh rupees.

Budget.

•Annual

report.

•Accounts and

•audit of

Board.

•Annual report

•and auditor’s

•report to be

•laid before

Parliament.

•Penalty for

•unauthorised

•disclosure of

•information

•in DNA Data

Bank.

•Penalty for

•obtaining

•information

•from DNA

•Data Bank

•without

authorisation.

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SECTION Section 129

Untitled Section

47.Whoever, without authorisation, wilfully uses any DNA sample or result of any

•DNA analysis, shall be punishable with imprisonment for a term which may extend to three

•years and also with fine which may extend to one lakh rupees.

SECTION Section 13

Untitled Section

10.Delegation of powers of Board.

SECTION Section 130

Untitled Section

48.Whoever, accesses information stored in the DNA Data Bank, otherwise than in

•accordance with the provisions of this Act, shall be punishable with imprisonment for a

•term which may extend to two years and also with fine which may extend to fifty thousand

rupees.

SECTION Section 131

Untitled Section

49.Whoever, knowingly and intentionally, destroys, alters, contaminates or tampers

•with biological evidence which is required to be preserved under any law for the time being

•in force, with the intention to prevent that evidence from being subjected to DNA testing or

•to prevent the production or use of that evidence in a judicial proceeding, shall be punishable

•with imprisonment for a term which may extend to five years and also with fine which may

•extend to two lakh rupees.

SECTION Section 132

Untitled Section

50.Whoever, contravenes any of the provisions of this Act or the rules and regulations

•made thereunder for which no penalty is provided in this Act, shall be punishable with

•imprisonment for a term which may extend to two years and also with fine which may extend

•to fifty thousand rupees.

SECTION Section 133

Untitled Section

51.(1) Where an offence under this Act, has been committed by a company or

•institution, every person who at the time the offence was committed was in-charge of, and

•was responsible to, the company or institution for the conduct of the business of the

•company or institution, as well as the company or institution, shall be deemed to be guilty

•of the offence and shall be liable to be proceeded against and punished accordingly:

•Provided that nothing contained in this sub-section shall render any such person

•liable to any punishment provided in this Act, if he proves that the offence was committed

•without his knowledge or that he exercised all due diligence to prevent the commission of

•such offence.

(2)Notwithstanding anything contained in sub-section ( 1), where an offence under

•this Act has been committed by a company or institution and it is proved that the offence

•has been committed with the consent or connivance of or is attributable to any neglect on

•the part of any director, manager, secretary or other officer of the company or institution,

•such director, manager, secretary or other officer shall also be deemed to be guilty of the

•offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—for the purposes of this section,—

(a)“company” means any body corporate and includes a firm or other

•association of individuals; and

(b)“director", in relation to a firm, means a partner in the firm.

SECTION Section 134

Untitled Section

•CHAPTER IX

•M

•ISCELLANEOUS

SECTION Section 135

Untitled Section

52.The Chairperson, Members and other officers of the Board, National DNA Data

•Bank and Regional DNA Data Banks shall be deemed, when acting or purporting to act in

•pursuance of any of the provisions of this Act, to be public servants within the meaning of

SECTION Section 136

Untitled Section

•section 21 of the Indian Penal Code.

•Penalty for

•using DNA

•sample or

•result without

authorisation.

•Penalty for

•unlawful

•access to

•information

•in DNA Data

Bank.

•Penalty for

•destruction,

•alterations,

•contamination

•or tampering

•with

•biological

evidence.

•Penalty for

•contravention

•where no

•specific

•punishment is

provided.

•Offences by

•companies or

institutions.

•Chairperson,

•Members,

•officers to be

•public

servants.45 of 1860.

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SECTION Section 137

Untitled Section

53.No suit, prosecution or other legal proceedings shall lie against the Central

•Government or any officer of the Central Government or the Chairperson, Vice-Chairperson

•or any Member or officer of the Board or the National DNA Data Bank or the Regional DNA

•Data Banks acting under this Act for anything which is in good faith done or intended to be

•done under this Act or the rules or regulations made thereunder.

SECTION Section 138

Untitled Section

54.(1) If at any time the Central Government is of the opinion—

(a)that, on account of circumstances beyond the control of the Board, it is

•unable to discharge the functions or perform the duties assigned to it by or under the

•provisions of this Act; or

(b)that the Board has persistently defaulted in complying with any direction

•issued by the Central Government under this Act or in the discharge of the functions

•or performance of the duties imposed on it by or under the provisions of this Act and

•as a result of such default, the financial position of the Board or the administration of

•the Board has suffered; or

(c)that circumstances exist which render it necessary in the public interest to

•do so,

•it may, by notification, supersede the Board for such period, not exceeding six months, as

•may be specified in the notification:

•Provided that before issuing any such notification, the Central Government shall

•give a reasonable opportunity to the Board to make representations against the proposed

•supersession and shall consider the representations, if any, of the Board.

(2)Upon the publication of a notification under sub-section ( 1) superseding the

•Board,—

(a)the Chairperson and other Members shall, as from the date of supersession,

•vacate their offices as such;

(b)all the powers, functions and duties which may, by or under this Act, be

•exercised or discharged by or on behalf of the Board shall, until the Board is

•reconstituted under sub-section (3), be exercised and discharged by an administrator

•who shall be an official not below the rank of a Secretary to the Government of India,

•to be appointed by the Central Government; and

(c)all property owned or controlled by the Board shall, until the Board is

•reconstituted under sub-section (3), vest in the Central Government.

(3)On the expiration of the period of supersession specified in the notification issued

•under sub-section ( 1), the Central Government may reconstitute the Board by a fresh

•appointment and in such case any person or persons who vacated their offices under

SECTION Section 139

Untitled Section

•clause (a) of sub-section (2), shall not be deemed to be disqualified for appointment:

•Provided that the Central Government may, at any time, before the expiration of the

•period of supersession, take action under this sub-section.

(4)The Central Government shall cause a copy of the notification issued under

•sub-section (1) and a full report of any action taken under this section and the circumstances

•leading to such action to be laid before each House of Parliament at the earliest.

SECTION Section 14

Untitled Section

11.Officers and other employees of Board.

SECTION Section 140

Untitled Section

55.(1) Without prejudice to the foregoing provisions of this Act, the Board shall, in

•the discharge of its functions and duties under this Act, be bound by such directions on

•questions of policy as the Central Government may give in writing to it from time to time.

(2)If any dispute arises between the Central Government and the Board as to whether

•a question is or is not a question of policy, the decision of the Central Government thereon

•shall be final.

•Protection of

•action taken

•in good faith.

•Power of

•Central

•Government

•to supersede

Board.

•Power of

•Central

•Government

•to issue

directions.

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SECTION Section 141

Untitled Section

56.(1) The Central Government may, if it is of the opinion that it is expedient so to do,

•by notification, amend the Schedule so as to include therein or exclude therefrom, or vary

•the description of, any entry in any Part thereof.

(2)Every notification issued under sub-section (1) shall, as soon as may be after it is

•issued, be laid before each House of Parliament.

SECTION Section 142

Untitled Section

57.No court shall have jurisdiction to entertain any suit or proceeding in respect of

•any matter which the Board is empowered by or under this Act to determine.

SECTION Section 143

Untitled Section

58.(1) The Central Government may, by notification, make rules for carrying out the

•provisions of this Act.

(2)In particular, and without prejudice to the generality of the foregoing power, such

•rules may provide for all or any of the following matters, namely:—

(a)the pay and allowances of the Vice-Chairperson and the Member under

•sub-section (3), and the allowances payable to the Chairperson and other ex officio

•Members under sub-section (4) of section 5;

(b)the salaries and allowances payable to, and the terms and other conditions

•of service of officers and employees of the Board under sub-section (2) of section 11;

(c)manner in which the Board shall assist and co-operate in criminal investigation

•between various investigation agencies within the country and with any foreign

•State, international organisation or institution in dealing with DNA testing under

SECTION Section 144

Untitled Section

•clause (n) of section 12;

(d)such other functions of the Board under clause ( q) of section 12;

(e)the manner of constitution of a selection committee and persons comprising

•the committee, for the appointment of a Director of the National DNA Data Bank

•under sub-section (1) of section 27;

(f)the educational qualifications and experience of the Director of the National

•DNA Data Bank under sub-section (2) of section 27;

(g)the salaries and allowances payable to, and the terms and other conditions

•of service including the manner of appointment, of the Director of the National DNA

•Data Bank and the Director of each of the Regional DNA Data Bank, under

•sub-section (2) of section 28;

(h)the form in which and the time at which the Board shall prepare its budget

•under sub-section (1) of section 41;

(i)the form in which and the time at which the Board shall prepare its annual

•report under section 42;

(j)the form in which the annual statement of accounts shall be prepared by the

•Board under sub-section (1) of section 43; and

(k)any other matter which is to be, or may be prescribed, or in respect of which

•provision is to be, or may be made by rules for carrying out the provisions of this Act.

SECTION Section 145

Untitled Section

59.(1) The Board may, with the previous approval of the Central Government and

•after previous publication, by notification, make regulations consistent with this Act and

•the rules made thereunder, to carry out the provisions of this Act.

(2)In particular, and without prejudice to the generality of the foregoing power, such

•regulations may provide for all or any of the following matters, namely:—

(a)the time and place at which the Board shall meet and the procedure it shall

•observe with regard to the transaction of business at its meetings (including quorum

•at such meetings), under sub-section ( 1) of section 6;

•Power to

•amend

Schedule.

•Court not to

•have

jurisdiction.

•Power to

•make rules.

•Power to

•make

regulations.

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(b)the other relevant purposes for the optimum use of DNA techniques and

•technologies under clause ( h) of section 12;

(c)the form, the fee and the manner in which an application for accreditation

•shall be made by a DNA laboratory under sub-section (2) of section 13;

(d)onsite assessment requirements, standards and such other requirements to

•be complied by a DNA laboratory under sub-section (3) of section 13;

(e)the form, the fee and the manner in which an application for renewal of

•accreditation shall be made by a DNA laboratory under sub-section (4) of section 13;

(f)the obligations to be carried out by a DNA laboratory under sub-section (1)

•of section 17;

(g)the educational qualifications experience and other eligibility criteria, in

•respect of person in charge of a DNA laboratory, technical and managerial staff, and

•other employees of DNA laboratory under section 18;

(h)the measures to be taken, the level and intervals in which the employees

•shall undergo training and the records to be maintained, by the in charge of a DNA

•laboratory under section 19;

(i)the measures to be taken by DNA laboratories under sub-section ( 1) of

SECTION Section 146

Untitled Section

•section 20;

(j)the other sources for collection of DNA sample, under clause ( d) of

•sub-section (1), of section 23;

(k)such other person under whose supervision DNA sample may be collected,

•under clause (b) of sub-section (2) of section 23;

(l)the format in which the National DNA Data Bank shall receive DNA data

•from Regional DNA Data Banks and store the DNA profiles under sub-section (3) of

SECTION Section 147

Untitled Section

•section 25;

(m)the powers and duties of the Director of the National DNA Data Bank under

•sub-section (4) of section 27;

(n)the appointment of number of officers, experts and other employees, their

•remunerations, terms and conditions of service, including the manner of appointment

•under sub-section (3) of section 28;

(o)the criteria and the procedure to be followed by the National DNA Data

•Bank on receipt of a DNA profile, the person to whom the result shall be communicated

•and the manner of communication under sub-section (1) of section 29;

(p)the manner in which the DNA profile of a suspect or an undertrial shall be

•expunged by the Director of the National DNA Data Bank under sub-section ( 2) of

SECTION Section 148

Untitled Section

•section 31;

(q)the manner in which the DNA profile of a person who is neither an offender

•nor a suspect shall be expunged from the crime scene index or a missing persons'

•index under sub-section (3) of section 31;

•(r

•) other criteria for entry, retention and expunction of any DNA profile under

•sub-section (4) of section 31;

(s)the other purposes for which the information relating to DNA profiles, DNA

•samples and records relating thereto shall be made available under clause ( f) of

SECTION Section 149

Untitled Section

•section 34;

(t)the terms and conditions for access to information under section 35;

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(u)the manner in which access to the information in the crime scene index shall

•be restricted under section 37;

(v)any other matter which is to be, or may be, or in respect of which provisions

•is to be, or may be, made by regulations for carrying out the provisions of the Act.

SECTION Section 15

Untitled Section

12.Functions of Board.

SECTION Section 150

Untitled Section

60.Every rule and every regulation made under this Act shall be laid, as soon as may

•be after it is made, before each House of Parliament, while it is in session, for a total period

•of thirty days which may be comprised in one session or in two or more successive sessions,

•and if, before the expiry of the session immediately following the session or the successive

•sessions aforesaid, both Houses agree in making any modification in the rule or regulation

•or both Houses agree that the rule or regulation should not be made, the rule or regulation

•shall thereafter have effect only in such modified form or be of no effect, as the case may be;

•so, however, that any such modification or annulment shall be without prejudice to the

•validity of anything previously done under that rule or regulation.

SECTION Section 151

Untitled Section

61.(1) If any difficulty arises in giving effect to the provisions of this Act, the Central

•Government may, by order published in the Official Gazette, make such provisions not

•inconsistent with the provisions of this Act, as may appear to it to be necessary, for

•removing the difficulty:

•Provided that no order shall be made under this section after the expiry of the period

•of two years from the date of commencement of this Act.

(2)Every order made under this section shall be laid, as soon as may be after it is

•made, before each House of Parliament.

•Rules and

•regulations to

•be laid before

Parliament.

•Power to

•remove

difficulties.

•5

•10

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•SCHEDULE

•[See sections 2(1)(viii), 12(o), 34(e) and 56(1)]

•List of matters for DNA testing

•PART A

•Offences under Indian Penal Code (45 of 1860) where DNA testing is useful for

•investigation of offences.

•PART B

•Offences under special laws:

(i)The Immoral Traffic (Prevention) Act, 1956 (104 of 1956);

•(ii) The Medical Termination of Pregnancy Act, 1971 (34 of 1971);

•(iii) The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of

•Sex Selection) Act, 1994 (57 of 1994);

•(iv) The Protection of Women from Domestic Violence Act, 2005 (43 of 2005);

(v)The Protection of Civil Rights Act, 1955 (22 of 1955);

•(vi) The Scheduled Castes and the Scheduled Tribes (Prevention of

•Atrocities) Act, 1989 (33 of 1989);

•(vii) The Motor Vehicles Act, 1988 (59 of 1988).

•PART C

•Civil disputes and other civil matters:

(i)Parental dispute (maternity or paternity);

•(ii) Issues relating to pedigree;

•(iii) Issues relating to assisted reproductive technologies (surrogacy, in-vitro

•fertilisation and intrauterine implantation or such other technologies);

•(iv) Issues relating to transplantation of human organs (donor and recipient)

•under the Transplantation of Human Organs Act, 1994 (42 of 1994);

(v)Issues relating to immigration or emigration;

•(vi) Issues relating to establishment of individual identity.

•PART D

•Other cases:

(i)Medical negligence;

•(ii) Unidentified human remains;

•(iii) Identification of abandoned or disputed children and related issues.

•23

•STATEMENT OF OBJECTS AND REASONS

•The Deoxyribonucleic Acid (DNA) is like a set of instructions or blueprint of all living

•forms, and it encodes a detailed set of plans for building different pieces of the cell of a living

•organism to grow and function. The DNA content of every human individual is comprised of

•one-half of the DNA from each of the two parents. The DNA blueprint varies from one

•individual to another, and it is this variation, which makes every individual (except identical

•twins) unique and different. The individual-to-individual variations in DNA permit its use as

•a means of identification and for establishment of biological relationships between individuals.

SECTION Section 152

Untitled Section

2.DNA technology, based on sound scientific principles has been found to be very

•effective in establishing the parentage of a child and identifying the source of a biological

•specimen obtained from a scene of crime. The concerns regarding appropriate use of DNA

•technology by the courts of law and other agencies has made it necessary to develop

•guidelines and standards for the DNA testing.

SECTION Section 153

Untitled Section

3.DNA technology has the potential of wide application in the justice delivery systems.

•In criminal cases, it helps in investigation of crimes through biological evidence including

•semen evidence in rape cases, blood evidence in murder cases, saliva evidence in identification

•of source of anonymous threat letters, etc. In civil cases, it helps in investigations relating to

•identification of victims of disasters like cyclones, air crash, etc. A number of crimes are

•committed by repeat offenders, who apprehension and conviction will be aided by comparison

•of biological evidence at the scene of crime with DNA profiles stored in a DNA Data Bank. At

•the same time, the DNA analysis offers substantial information, which if misused or improperly

•used, can cause harm to individuals or society.

SECTION Section 154

Untitled Section

4.Recognising the need for regulation of the use and application of DNA technology,

•a DNA Profiling Advisory Committee comprising of members from the fields of molecular

•biology, forensic science, human genetics, population biology, bioethics, legal profession,

•law enforcement agencies, etc., was constituted in December, 2003 to make recommendations

•for enacting suitable legislation. On the recommendations of the said Committee, a draft Bill

•was prepared. Later on, an Expert Committee chaired by the Secretary, Department of

•Biotechnology, was constituted in 2012 to discuss the privacy related issues. Based on the

•recommendations of the Expert Committee, the Bill was revised and subsequently referred to

•the Law Commission of India who in its two hundred and seventy-first report suggested the

•enactment of a legislation.

SECTION Section 155

Untitled Section

5.In view of the above, the DNA Technology (Use and Application) Regulation Bill,

•2018 seeks to regulate the use of DNA technology for the purposes of establishing the

•identity of certain categories of persons including the victims, offenders, suspects, under

•trials, missing persons and unknown deceased persons. The Bill, inter alia, seeks to—

(i)prohibit laboratories from undertaking DNA testing, analysing, etc., without

•obtaining accreditation;

•(ii) establish a National DNA Data Bank and Regional DNA Data Banks which

•shall store and maintain the DNA profiles in accordance with the provisions relating to

•the use and access to information, its retention and expunction;

•(iii) establish a DNA Regulatory Board to carry out the functions assigned to it

•under the proposed legislation which, inter alia, include—

(a)advising the Central Govenment and the State Governments on all

•issues relating to establishing of DNA laboratories and DNA Data Banks and

•laying down guidelines, standards and procedures for establishment and

•functioning of such laboratories and Data Banks;

•24

•25

(b)granting accreditation to labouratories for undertaking DNA testing,

•analysing, etc., and to suspend or revoke such accreditation;

(c)assisting in criminal investigation between various investigation

•agencies within the country and with any foreign State, international organisation

•or institution; and

(d)making recommendations to the Central Government for the application

•of privacy protection in relation to the access to, or the use of, DNA samples

•and their analysis;

•(iv) make provision for the security and confidentiality of information relating

•to DNA profiling, DNA samples and any records thereof, forwarded to or in the custody

•of Natioinal DNA Data Bank, Regional DNA Data Banks, DNA laboratories or any

•person or authority;

(v)provide for offences and penalties for contravention of certain provisions of

•the Bill.

SECTION Section 156

Untitled Section

6.The Bill seeks to achieve the above objectives.

•N

•EW DELHI; DR. HARSH VARDHAN

•The 27th June, 2019

•Notes on Clauses

SECTION Section 157

Untitled Section

•Clause 2 of the Bill seeks to define the various expressions used in the Bill.

SECTION Section 158

Untitled Section

•Clause 3 of the Bill seeks to provide for the establishment of the DNA Regulatory

•Board as body corporate, having perpetual succession and a common seal, whose head

•office shall be at such place in the National Capital Region, as the Central Government may

specify.The Board may, with the approval of the Central Government, establish regional

•offices at such other places as it may deem necessary.

SECTION Section 159

Untitled Section

•Clause 4 of the Bill seeks to provide for the composition of the DNA Regulatory Board

•which shall consist of a Chairperson, a Vice-Chairperson, Member-Secretary and ten other

•Members to carry out the functions assigned to it under the Bill.

SECTION Section 16

Untitled Section

•CHAPTER III

•A

•CCREDITATION OF DNA LABORA TORIES

SECTION Section 160

Untitled Section

•Clause 5 of the bill seeks to provide for the terms of office, conditions of service of,

•Chairperson, Vice-Chairperson and other Members of the Board including their pay and

allowances.

SECTION Section 161

Untitled Section

•Clause 6 of the Bill seeks to provide for the procedure for meetings of the Board. It

•further provides that the Chairperson shall have powers of general superintendence and

•direction of the affairs of the Board and may also exercise such other powers as may be

•delegated to him by the Board.

SECTION Section 162

Untitled Section

•Clause 7 of the Bill seeks to provide that the Members of the Board shall not participate

•in meetings in certain cases.

SECTION Section 163

Untitled Section

•Clause 8 of the Bill seeks to provide for the removal and resignation of Chairperson or

•Member and filling up of casual vacancies of Board.

SECTION Section 164

Untitled Section

•Clause 9 of the Bill seeks to provide that no act or proceeding of the Board shall be

•invalid merely by reason of any vacancy in, or any defect in the constitution of, the Board;

•or any defect in the appointment of a person acting as a Member of the Board; or any

•irregularity in the procedure of the Board not affecting the merits of the case.

SECTION Section 165

Untitled Section

•Clause 10 of the Bill seeks to provide that the Board may, by general or special order

•published in the Official Gazette, delegate to the Chairperson or any other Member, subject

•to such conditions, if any, as may be specified in the order, its functions under the Bill

•(except the power to make regulations), as it may deem necessary. It further provides for

•laying of such order before each House of Parliament.

SECTION Section 166

Untitled Section

•Clause 11 of the Bill seeks to provide that the Board may, with the previous approval

•of the Central Government, appoint such officers and other employees, as it considers

•necessary, for the efficient discharge of its functions under the Bill. It further provides that

•the salaries and allowances payable to, and the other terms and conditions of service,

•including the manner of appointment, of the officers and employees, shall be prescribed by

•rules made by the Central Government.

SECTION Section 167

Untitled Section

•Clause 12 of the Bill enumerates the various functions of the Board which shall include,

•inter alia, (a) advising the Central Government and the State Governments on all issues

•relating to estabiaing of DNA laboratories and DNA Data Banks and laying down guidelines,

•standards and procedures for establishment and functioning of such laboratories and Data

•Banks;

(b)granting accreditation to laboratories for undertaking DNA testing, analysing, etc.,

•and to suspend or revoke such accreditation; (c) assisting in criminal investigation between

•various investigation agencies within the country and with any foreign State, international

•organisation or institution; and (d) making recommendations to the Central Government for

•the application of privacy protection in relation to the access to, or the use of, DNA samples

•and their analyses.

•26

•27

SECTION Section 168

Untitled Section

•Clause 13 of the Bill seeks to provide that no laboratory shall undertake DNA testing,

•analysing or any other procedure to generate data and perform analysis relating thereto

•without obtaining accreditation from the Board. It further provides that a laboratory

•functioning as on the date of the commencement of the Bill, may undertake DNA testing or

•any other procedure relating thereto, for a period of sixty days from such commencement

•and apply to the Board in accordance with sub-clause ( 2) of the said clause, for obtaining

•accreditation and that such laboratory may, after making an application, continue to undertake

•DNA testing or any other procedure relating thereto, until the Board decides its application.

•It also provides that the application for renewal of accreditation shall be made to the Board

•at least sixty days prior to the expiration of the accreditation in such form and manner and

•along with such fees as may be specified by regulations made by the Board.

SECTION Section 169

Untitled Section

•Clause 14 of the Bill provides for grant of accreditation or renewal to the laboratory

•which seeks to undertake DNA testing, analysing or any other procedure to generate data

•and perform analysis relating thereto. It further provides that the accreditation or renewal of

•accreditation under this clause shall be valid for a period of two years.

SECTION Section 17

Untitled Section

13.Prohibition of DNA testing, etc., without accreditation.

SECTION Section 170

Untitled Section

•Clause 15 of the Bill seeks to provide for the power of Board to suspend or revoke

•accreditation granted to a DNA laboratory, if such laboratory fails to comply with the conditions

•specified therein. It further provides that no revocation of accreditation of a DNA laboratory

•shall be made by the Board without giving the laboratory an opportunity of being heard. It

•also provides that on the revocation or suspension of accreditation of the DNA laboratory,

•the laboratory shall hand over all DNA samples and records relating to DNA testing from its

•laboratory to such DNA laboratory as may be directed by the Board and it shall not retain

•any sample or record.

SECTION Section 171

Untitled Section

•Clause 16 of the Bill seeks to provide that any laboratory aggrieved by an order of

•rejection of its application for accreditation or renewal thereof under clause 14 or an order of

•suspension or revocation of accreditation under clause 15, may prefer an appeal to the

•Central Government or such other authority as that Government may, by notification, specify,

•within a period of sixty days from the date of such order, which shall be decided by the

•Central Government or the authority, as the case may be, within a period of sixty days from

•the date of receipt of such appeal.

SECTION Section 172

Untitled Section

•Clause 17 of the Bill seeks to provide that every DNA laboratory, which has been

•granted accreditation for undertaking DNA testing or any other procedure under the Bill,

•shall follow such standards and procedures for quality assurance in the collection, storage,

•testing and analysis of DNA sample, establish and maintain such documentation and quality

•system, prepare and maintain quality manuals containing such details and share DNA data

•prepared and maintained by it with the National DNA Data Bank and the Regional DNA Data

•Banks, in such manner as may be specified by regulations.

SECTION Section 173

Untitled Section

•Clause 18 of the Bill seeks to provide that every DNA laboratory shall appoint a

•person to be in charge of the laboratory and employ such scientific, technical and other

•staff, possessing such qualifications and experience as may be specified by regulations, for

•discharging the duties and performing the functions under the Bill.

SECTION Section 174

Untitled Section

•Clause 19 of the Bill seeks to provide that the in-charge of the DNA laboratory shall

•take such measures for facilitating skill up gradation and advancement in the knowledge of

•its employees in the field of DNA testing and other related fields, as may be specified by

•regulations, ensure that its employees undergo regular training in DNA related subjects, in

•such institutions, level and intervals, as may be specified by regulations and maintain such

•records relating to the laboratory and its personnel as may be specified by regulations.

SECTION Section 175

Untitled Section

•Clause 20 of the Bill seeks to specify the various measures to be taken by DNA

laboratory.

SECTION Section 176

Untitled Section

•Clause 21 of the Bill seeks to prohibit taking of bodily substances from a person who

•is arrested for an offence (other than the specified offences) unless the consent is given in

•writing for the taking of the bodily substances.

•28

SECTION Section 177

Untitled Section

•Clause 22 of the Bill seeks to provide that any person who was present at the scene of

•a crime when it was committed; or is being questioned in connection with the investigation

•of a crime; or intends to find the whereabouts of his missing or lost relative, in disaster or

•otherwise, may voluntarily consent in writing to bodily substances being taken from him for

•DNA testing, subject to certain conditions specified therein.

SECTION Section 178

Untitled Section

•Clause 23 of the Bill seeks to provide for the sources and manner of collection of

•samples for DNA testing.

SECTION Section 179

Untitled Section

•Clause 24 of the Bill seeks to provide that if the trial court is satisfied with the plea of

•the accused person that the bodily substances taken from such person or collected from the

•place of occurrence of crime had been contaminated, the court may direct the taking of fresh

•bodily substances for re-examination.

SECTION Section 18

Untitled Section

14.Granting of accreditation or renewal thereof.

SECTION Section 180

Untitled Section

•Clause 25 of the Bill seeks to provide for the establishment of a National DNA Data

•Bank and such number of Regional DNA Data Banks for every State, or two or more States,

•as it may deem necessary. It further provides that the Regional DNA Data Banks shall share

•all DNA data stored and maintained by it with the National DNA Data Bank.

SECTION Section 181

Untitled Section

•Clause 26 of the Bill seeks to provide that every DNA Data Bank shall maintain the

•indices for various categories of data and the information specified therein.

SECTION Section 182

Untitled Section

•Clause 27 of the Bill seeks to provide for the appointment of a Director for the

•National DNA Data Bank and Directors for each Regional DNA Data Banks.

SECTION Section 183

Untitled Section

•Clause 28 of the Bill seeks to provide for appointment of the officers and other

•employees of the National DNA Data Bank and the Regional DNA Data Banks, their salaries

•and allowances, terms and other conditions of service including the manner of appointment,

•of the Director of the National DNA Data Bank and the Director of each of the Regional DNA

•Data Bank.

SECTION Section 184

Untitled Section

•Clause 29 of the Bill seeks to provide for the criteria and procedure to be followed by

•the National DNA Data Bank in comparing and communicating of DNA profile.

SECTION Section 185

Untitled Section

•Clause 30 of the Bill seeks to provide for the manner of sharing of DNA profiles with

•foreign Government or organisation or institution or agencies. It further provides that the

•Central Government may, in consultation with the Board, determine the nature and extent of

•sharing DNA profiles in respect of offenders, suspects, under trials, missing persons and

•unknown deceased persons with the Government of a foreign State or an international

•organisation or an institution established by that Government or organisation, and seek

•similar information from such foreign State, organisation or institutions.

SECTION Section 186

Untitled Section

•Clause 31 of the Bill seeks to provide for the manner of retention and removal of

•records in the DNA Data Bank.

SECTION Section 187

Untitled Section

•Clause 32 of the Bill seeks to make provision for the security and confidentiality of

Information.It requires the Board to ensure that the information relating to DNA profiles,

•DNA samples and any records thereof, forwarded to, or in custody of the National DNA

•Data Bank or the Regional DNA Data Banks or a DNA laboratory or any other person or

•authority under the Bill, are secured and kept confidential.

SECTION Section 188

Untitled Section

•Clause 33 of the Bill seeks to provide all DNA data, including DNA profiles, DNA

•samples and records thereof, contained in any DNA laboratory and DNA Data Bank shall be

•used only for the purposes of facilitating identification of the person and not for any other

purpose.

SECTION Section 189

Untitled Section

•Clause 34 of the Bill seeks to provide for the access to information in certain cases.

SECTION Section 19

Untitled Section

15.Power of Board to suspend or revoke accreditation.

SECTION Section 190

Untitled Section

•Clause 35 of the Bill seeks to provide for the access to information for the sole purpose

•of operation, maintenance and training, in accordance with such terms and conditions as

•may be specified by regulations.

•29

SECTION Section 191

Untitled Section

•Clause 36 of the Bill seeks to provide for the access to information in DNA Data Bank

•for one time keyboard search by the person specified therein.

SECTION Section 192

Untitled Section

•Clause 37 of the Bill seeks to provide for the restriction on access to information in

•crime scene index, in such manner as may be specified by regulations, if such information

•relates to a DNA profile derived from bodily substances of a victim of an offence which

•forms or formed the object of relevant investigation; or a person who has been eliminated as

•a suspect in the relevant investigation.

SECTION Section 193

Untitled Section

•Clause 38 of the Bill seeks to provide for the prohibition on access to information in

•DNA Data Banks.

SECTION Section 194

Untitled Section

•Clause 39 of the Bill seeks to provide for the grants to the Board by the Central

Government.

SECTION Section 195

Untitled Section

•Clause 40 of the Bill seeks to provide for the constitution of the DNA Regulatory

•Board Fund.

SECTION Section 196

Untitled Section

•Clause 41 of the Bill seeks to provide for the preparation of the budget by the Board

•showing the estimated receipts and expenditure of the Board and forwarding the same to the

•Central Government.

SECTION Section 197

Untitled Section

•Clause 42 of the Bill seeks to provide for the preparation of the annual report by the

•Board giving a full account of its activities during the previous financial year and submit a

•copy thereof to the Central Government.

SECTION Section 198

Untitled Section

•Clause 43 of the Bill seeks to provide that the accounts and other relevant records of

•the Board shall be maintained in the form specified by the Central Government by notification

•and the same shall be audited by the Comptroller and Auditor-General of India.

SECTION Section 199

Untitled Section

•Clause 44 of the Bill seeks to provide that the annual report and auditor's report of the

•Board shall be laid before each House of Parliament.

SECTION Section 2

Untitled Section

•CHAPTER I

•PRELIMINARY

SECTION Section 20

Untitled Section

16.Appeal against rejection, suspension or revocation of accreditation.

SECTION Section 200

Untitled Section

•Clause 45 of the Bill seeks to specify the punishment for unauthorised disclosure of

•Information in DNA Data Bank. It provides that whoever, by virtue of his employment or

•official position or otherwise, has in his possession, or has access to, individually identifiable

•DNA information kept in the DNA laboratory or DNA Data Bank, wilfully discloses it in any

•manner to any person or agency not entitled to receive it under the Bill, or under any other

•law for the time being in force, shall be punishable with imprisonment for a term which may

•extend to three years and also with fine which may extend to one lakh rupees.

SECTION Section 201

Untitled Section

•Clause 46 of the Bill seeks to specify the punishment for obtaining information from

•DNA Data Bank without authorisation. It provides that whoever, without authorisation,

•wilfully obtains individually identifiable DNA information from the DNA laboratory or DNA

•Data Bank, shall be punishable with imprisonment for a term which may extend to three years

•and also with fine which may extend to one lakh rupees.

SECTION Section 202

Untitled Section

•Clause 47 of the Bill seeks to specify the punishment for using DNA sample or result

•without authorisation. It provides that whoever, without authorisation, wilfully uses any

•DNA sample or result of any DNA analysis, shall be punishable with imprisonment for a term

•which may extend to three years and also with fine which may extend to one lakh rupees.

SECTION Section 203

Untitled Section

•Clause 48 of the Bill seeks to specify the punishment for unlawful access of information

•in DNA Data Bank. It provides that whoever, accesses information stored in the DNA Data

•Bank, otherwise than in accordance with the provisions of the Bill, shall be punishable with

•imprisonment for a term which may extend to two years and also with fine which may extend

•to fifty thousand rupees.

SECTION Section 204

Untitled Section

•Clause 49 of the Bill seeks to specify the punishment for destruction, alterations,

•contamination or tampering with biological evidence. It provides that whoever, knowingly

•and intentionally, destroys, alters, contaminates or tampers with biological evidence which

•is required to be preserved under any law for the time being in force, with the intention to

•30

•prevent that evidence from being subjected to DNA testing or to prevent the production or

•use of that evidence in a judicial proceeding, shall be punishable with imprisonment for a

•term which may extend to five years and also with fine which may extend to two lakh rupees.

SECTION Section 205

Untitled Section

•Clause 50 of the Bill seeks to specify the punishment for contravention when no

•specific punishment is provided. It provides that whoever, contravenes any of the provisions

•of the Bill or the rules and regulations made there under for which no penalty is provided in

•the Bill, shall be punishable with imprisonment for a term which may extend to two years and

•also with fine which may extend to fifty thousand rupees.

SECTION Section 206

Untitled Section

•Clause 51 of the Bill seeks to specify the punishment for offences by companies or

institutions.

SECTION Section 207

Untitled Section

•Clause 52 of the Bill seeks to provide that the Chairperson, Members and other

•officers of the Board, National DNA Data Bank and Regional DNA Data Banks shall be

•deemed, when acting or purporting to act in pursuance of any of the provisions of the Bill,

•to be public servants within the meaning of section 21 of the Indian Penal Code.

SECTION Section 208

Untitled Section

•Clause 53 of the Bill seeks to provide for the protection of action taken in good faith

•by any officer of the Central Government or Board or any Member or officer or other employee

•of the Board.

SECTION Section 209

Untitled Section

•Clause 54 of the Bill seeks to empower the Central Government to supersede Board in

•the circumstances specified therein.

SECTION Section 21

Untitled Section

•CHAPTER IV

•O

•BLIGATIONS OF DNA LABORATORY

SECTION Section 210

Untitled Section

•Clause 55 of the Bill seeks to empower the Central Government to issue directions.

SECTION Section 211

Untitled Section

•Clause 56 of Bill seeks to empower the Central Government to amend the Schedule.

SECTION Section 212

Untitled Section

•Clause 57 of the Bill seeks to provide that no court shall have jurisdiction to entertain

•any suit or proceeding in respect of any matter which the Board is empowered by or under

•the Bill to determine.

SECTION Section 213

Untitled Section

•Clause 58 of the Bill seeks to empower the Central Government to make rules on

•matters enumerated therein.

SECTION Section 214

Untitled Section

•Clause 59 of the Bill seeks to provide that the Board may, with the previous approval

•of the Central Government and after previous publication, by notification in Official Gazette,

•make regulations consistent with the Bill and the rules made there under, to carry out the

•provisions of the Bill.

SECTION Section 215

Untitled Section

•Clause 60 of the Bill seeks to provide that every rule and regulation made under

•the Bill shall be laid before each House of Parliament.

SECTION Section 216

Untitled Section

•Clause 61 of the Bill seeks to empower the Central Government, by order published

•in the Official Gazette, to remove difficulties which may arise in giving effect to the provisions

•of the Bill within a period of two years from the date of enforcement of the Act. It further

•requires every such order to be laid before each House of Parliament.

•FINANCIAL MEMORANDUM

SECTION Section 217

Untitled Section

•Clause 3 of the Bill provides for the establishment of a DNA Regulatory Board to

•exercise powers conferred on, and perform the functions assigned to it, under the proposed

legislation.

SECTION Section 218

Untitled Section

2.Clause 25 of the Bill provides for the establishment of a National DNA Data Bank

•and Regional DNA Data Banks.

SECTION Section 219

Untitled Section

3.Clause 40 of the Bill provides for constitution of a Fund to be called the DNA

•Regulatory Board Fund, into which shall be credited grants and loans made to the Board, all

•sums received by the Board including fees or charges, or donations from such other source

•as may be decided by the Central Government and any income from investment of the

•amount of the Fund.

SECTION Section 22

Untitled Section

17.Obligations of DNA laboratory.

SECTION Section 220

Untitled Section

4.It is estimated that there would be an expenditure of approximately twenty crore

•rupees as non-recurring capital expenditure and a further recurring expenditure of five crore

•rupees per annum to carry out all the activities envisaged under the proposed legislation.

SECTION Section 221

Untitled Section

5.The Bill, if enacted and brought into operation, would not involve any other

•expenditure of a recurring or non-recurring nature from the Consolidated Fund of India.

•31

•MEMORANDUM REGARDING DELEGATED LEGISLA TION

SECTION Section 222

Untitled Section

•Clause 58 of the Bill empowers the Central Government to make rules with respect to

•the matters specified under sub-clause ( 2) which, inter alia, relate to ( a) the allowances

•payable to the Chairperson and other ex officio Members and the pay and allowances of the

•Vice-Chairperson and the expert Member; (b) the salaries and allowances payable to, and the

•terms and other conditions of service of officers and employees of the Board; (c) the manner

•in which the Board shall assist and co-operate in criminal investigation between various

•investigation agencies within the country and with any foreign State, international

•organisation or institution in dealing with DNA testing; (d) the manner of constitution of a

•selection committee and persons comprising the committee, for the appointment of a Director

•of National DNA Data Bank; (e) the salaries and allowances payable to, and the terms and

•other conditions of service including the manner of appointment, of the Director of the

•National DNA Data Bank and the Director of each of the Regional DNA Data Banks; (f) and

•the form for preparation of the annual report and the annual statement of accounts by the

Board.

SECTION Section 223

Untitled Section

2.Clause 59 of the Bill empowers the Board to make regulations with the previous

•approval of the Central Government. The matters in respect of which the Board may make

•regulations, inter alia, relate to ( a) the time and place of meeting of the Board and the

•procedure with regard to the transaction of business at its meetings; (b) the form, the fee and

•the manner in which an application for accreditation shall be made by a DNA laboratory;

(c)onsite assessment requirements, standards and such other requirements to be complied

•by a DNA laboratory; ( d) the obligations to be carried out by a DNA laboratory; ( e) the

•educational qualifications and experience and other eligibility criteria in respect of person

•in-charge of a DNA laboratory, technical and managerial staff, and other employees of DNA

•laboratory; (f) the measures to be taken by DNA laboratories; ( g) the format in which the

•National DNA Data Bank shall receive DNA data from Regional DNA Data Banks and store

•the DNA profiles; (h) the manner in which the DNA profile of a suspect or an under trial and

•of a person who is neither an offender nor a suspect shall be expunged; ( i) the terms and

•conditions for access to information; and (j) the manner in which access to the information

•in the crime scene index shall be restricted.

SECTION Section 224

Untitled Section

3.Clause 60 of the Bill requires that the rules and regulations made under the proposed

•legislation be laid before each House of Parliament.

SECTION Section 225

Untitled Section

4.The matters in respect of which the rules or regulations may be made are matters of

•procedure and administrative detail, and as such, it is not practicable to provide for them in

•the Bill itself. The delegation of legislative power is, therefore, of a normal character.

•32

•LOK SABHA

•————

•A

•BILL

•to provide for the regulation of use and application of Deoxyribonucleic Acid (DNA)

•technology for the purposes of establishing the identity of certain categories of

•persons including the victims, offenders, suspects, undertrials, missing persons and

•unknown deceased persons and for matters connected therewith or incidental thereto.

•————

•(Dr. Harsh Vardhan, Minister of Science and Technology and Earth Sciences)

•MGIPMRND—1057LS(S3)—01-07-2019.

•LOK SABHA

•------

•CORRIGENDA

•to

•THE DNA TECHNOLOGY (USE AND APPLICATION) REGULATION BILL, 2019

•[To be/As introduced in Lok Sabha]

SECTION Section 226

Untitled Section

1.Page 4, line 22,-

•for "below rank of"

•read "below the rank of"

SECTION Section 227

Untitled Section

2.Page 10, line 6,-

•for "install such"

•read "instal such"

SECTION Section 228

Untitled Section

3.Page 14, line 21,-

•for "Director of National"

•read "Director of the National"

SECTION Section 229

Untitled Section

4.Page 23, line 1,-

•for "SCHEDULE"

•read "THE SCHEDULE"

SECTION Section 23

Untitled Section

18.Appointment of incharge, scientific, technical and other staff, of DNA laboratory.

SECTION Section 230

Untitled Section

5.Page 25, line 1,-

•for "to labouratories for"

•read "to laboratories for"

•NEW DELHI;

•July 3, 2019

•Ashadha 12, 1941 (Saka)

SECTION Section 24

Untitled Section

19.Responsibilities of person in-charge of DNA laboratory.

SECTION Section 25

Untitled Section

20.Measures to be taken by DNA laboratory.

SECTION Section 26

Untitled Section

21.Consent for taking bodily substances to be taken from a person arrested.

•As

•INTRODUCED IN LOK SABHA

•Bill No. 128 of 2019

•(ii)

SECTION Section 27

Untitled Section

22.Bodily substances given voluntarily.

SECTION Section 28

Untitled Section

23.Sources and manner of collection of samples for DNA testing.

SECTION Section 29

Untitled Section

24.Taking of bodily substances for re-examination.

SECTION Section 30

Untitled Section

•CHAPTER V

•DNA DATA BANK

SECTION Section 31

Untitled Section

25.Establishment of DNA Data Banks.

SECTION Section 32

Untitled Section

26.Maintenance of indices by DNA Data Bank.

SECTION Section 33

Untitled Section

27.Directors of DNA Data Banks.

SECTION Section 34

Untitled Section

28.Officers and other employees of National DNA Data Bank and Regional DNA Data

Banks.

SECTION Section 35

Untitled Section

29.Comparison and communication of DNA profiles.

SECTION Section 36

Untitled Section

30.Sharing of DNA profiles with foreign Government or international organisation.

SECTION Section 37

Untitled Section

31.Retention and removal of records.

SECTION Section 38

Untitled Section

•CHAPTER VI

•PROTECTION OF INFORMA TION

SECTION Section 39

Untitled Section

32.Security and confidentiality of information.

SECTION Section 4

Untitled Section

1.Short title, extent and commencement.

SECTION Section 40

Untitled Section

33.Use of DNA profiles, DNA samples and records, etc., for facilitating identification of

persons.

SECTION Section 41

Untitled Section

34.Access to information in certain cases.

SECTION Section 42

Untitled Section

35.Access to information for operation, maintenance and training.

SECTION Section 43

Untitled Section

36.Access to information in DNA Data Bank for one-time keyboard search.

SECTION Section 44

Untitled Section

37.Restriction on access to information in crime scene index.

SECTION Section 45

Untitled Section

38.Prohibition on access to information in DNA Data Bank.

SECTION Section 46

Untitled Section

•CHAPTER VII

•FINANCE, ACCOUNTS, AUDIT AND REPORTS

SECTION Section 47

Untitled Section

39.Grants by Central Government.

SECTION Section 48

Untitled Section

40.DNA Regulatory Board Fund.

SECTION Section 49

Untitled Section

41.Budget.

SECTION Section 5

Untitled Section

2.Definitions.

SECTION Section 50

Untitled Section

42.Annual report.

SECTION Section 51

Untitled Section

43.Accounts and audit of Board.

SECTION Section 52

Untitled Section

44.Annual report and auditor's report to be laid before Parliament.

SECTION Section 53

Untitled Section

•CHAPTER VIII

•OFFENCES AND PENALTIES

SECTION Section 54

Untitled Section

45.Penalty for unauthorised disclosure of information in DNA Data Bank.

SECTION Section 55

Untitled Section

46.Penalty for obtaining information from DNA Data Bank without authorisation.

SECTION Section 56

Untitled Section

47.Penalty for using DNA sample or result without authorisation.

SECTION Section 57

Untitled Section

48.Penalty for unlawful access to information in DNA Data Bank.

SECTION Section 58

Untitled Section

49.Penalty for destruction, alterations, contamination or tampering with biological

evidence.

SECTION Section 6

Untitled Section

•CHAPTER II

•DNA REGULATORY BOARD

SECTION Section 60

Untitled Section

50.Penalty for contravention where no specific punishment is provided.

SECTION Section 61

Untitled Section

51.Offences by companies or institutions.

SECTION Section 62

Untitled Section

•CHAPTER IX

•MISCELLANEOUS

SECTION Section 63

Untitled Section

52.Chairperson, Members, officers to be public servants.

SECTION Section 64

Untitled Section

53.Protection of action taken in good faith.

SECTION Section 65

Untitled Section

54.Power of Central Government to supersede Board.

SECTION Section 66

Untitled Section

55.Power of Central Government to issue directions.

SECTION Section 67

Untitled Section

56.Power to amend Schedule.

SECTION Section 68

Untitled Section

57.Court not to have jurisdiction.

SECTION Section 69

Untitled Section

58.Power to make rules.

SECTION Section 7

Untitled Section

3.Establishment of DNA Regulatory Board.

4.Composition of Board.

SECTION Section 70

Untitled Section

59.Power to make regulations.

SECTION Section 71

Untitled Section

60.Rules and regulations to be laid before Parliament.

SECTION Section 72

Untitled Section

61.Power to remove difficulties.

•THE SCHEDULE.

•(iii)

•C

•LAUSES

•1

•THE DNA TECHNOLOGY (USE AND APPLICATION)

•REGULATION BILL, 2019

•A

•BILL

•to provide for the regulation of use and application of Deoxyribonucleic Acid (DNA)

•technology for the purposes of establishing the identity of certain categories of

•persons including the victims, offenders, suspects, undertrials, missing persons and

•unknown deceased persons and for matters connected therewith or incidental

thereto.

•B

•E it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

SECTION Section 73

Untitled Section

•CHAPTER I

•PRELIMINARY

SECTION Section 74

Untitled Section

1.(1) This Act may be called the DNA Technology (Use and Application) Regulation

•Act, 2019.

(2)It extends to the whole of India.

(3)It shall come into force on such date as the Central Government may, by notification

•in the Official Gazette, appoint:

•Short title,

•extent and

commencement.

•Bill No. 128 of 2019

•5

•As INTRODUCED IN LOK SABHA

•2

•Provided that different dates may be appointed for different provisions of this Act

•and any reference in any such provision to the commencement of this Act shall be construed

•as a reference to the coming into force of that provision.

SECTION Section 75

Untitled Section

2.(1) In this Act, unless the context otherwise requires,—

(i)“Board” means the DNA Regulatory Board established under

•sub-section (1) of section 3;

•(ii) “bodily substances” means any biological material of, or from the body of,

•a person, whether living or dead, unidentified human remains, and includes intimate

•bodily substance and non-intimate bodily substance as defined in clauses (a) and (c)

•of sub-section (3) of section 23;

•(iii) “Chairperson” means the Chairperson of the Board;

•(iv) “crime scene index” means a list of entries of DNA profiles, in a DNA Data

•Bank derived from DNA samples found—

(a)at any place where an offence was committed or is reasonably

•suspected of having been committed; or

(b)on or within the body of the victim, or a person reasonably suspected

•of being a victim, of an offence; or

(c)on anything worn or carried by the victim at the time when an offence

•was, or is reasonably suspected of having been, committed; or

(d)on or within the body of a person, or on anything, or at any place,

•associated with the commission of an offence;

(v)“Director” means a Director of the National DNA Data Bank or a Regional

•DNA Data Bank appointed under section 27;

•(vi) “DNA Data Bank” means a DNA Data Bank established under

•sub-section (1) of section 25;

•(vii) “DNA laboratory” means any laboratory or facility established by the

•Central Government or a State Government or a person or an organisation which has

•been granted accreditation under this Act to perform DNA testing;

•(viii) “DNA profile” means the result of analysis of a DNA sample for establishing

•human identification in respect of matters listed in the Schedule;

•(ix) “DNA sample” means bodily substances of any nature collected for

•conducting DNA testing and includes the materials derived in a DNA laboratory from

•such bodily substances;

(x)“DNA testing” means the procedure followed in DNA laboratory to develop

•DNA profile;

•(xi) “Fund” means Fund of the Board constituted under sub-section ( 1) of

SECTION Section 76

Untitled Section

•section 40;

•(xii) “known sample” means the bodily substances of a person whose identity

•is established;

•(xiii) “medical practitioner” means a medical practitioner who possesses any

•medical qualification as defined in clause ( h) of section 2 of the Indian Medical

•Council Act, 1956 and whose name has been entered in a State Medical Register

•under that Act;

•(xiv) “Member” means a Member of the Board and includes the Chairperson

•and Vice-Chairperson;

•102 of 1956.

Definitions.

•40

•45

•5

•10

•15

•20

•25

•30

•35

•3

•(xv) “Member-Secretary” means the Member-Secretary of the Board;

•(xvi) “missing persons' index” means a list of entries of DNA profiles, in a DNA

•Data Bank, derived from—

(a)unidentified human remains; or

(b)the personal effects of persons who are missing; or

(c)the bodily substances of relatives of the missing persons;

•(xvii) “notification” means a notification published in the Official Gazette;

•(xviii) “offenders' index” means a list of entries of DNA profiles of samples

•taken from offenders, in a DNA Data Bank;

•(xix) “prescribed” means prescribed by rules made by the Central Government

•under this Act;

•(xx) “proficiency testing” means a quality assurance measure used to monitor

•performance and identify areas in which improvement may be needed and includes—

(a)internal test which is devised and administered by the DNA laboratory;

•and

(b)external test, which may be open or blind, and which is devised and

•administered by an external agency;

•(xxi) “quality assurance” includes the systematic actions necessary to

•demonstrate that a product or service meets specified standards of quality;

•(xxii ) “quality manual” means a document which specifies the quality

•procedures, quality systems and practices of an organisation relating to standards,

•quality control and quality assurance;

•(xxiii) “quality system” means the organisational structure, responsibilities,

•procedure, process and resources for implementing quality management;

•(xxiv) “regulations” means the regulations made by the Board under this Act;

•(xxv) “suspects' index” or “undertrials' index” means a list of entries of DNA

•profiles derived from DNA samples taken from the suspects or, as the case may be,

•undertrials, in a DNA Data Bank;

•(xxvi) “unknown deceased persons' index” means a list of entries of DNA

•profiles derived from DNA samples taken from the remains of a deceased person,

•whose identity is not known, maintained in a DNA Data Bank;

•(xxvii) “validation process” means the process by which a procedure is

•evaluated to determine its efficacy and reliability for casework analysis and includes—

(a)developmental process, being the acquisition of test data and

•determination of conditions and limitations, of any new DNA methodology for

•use on case samples; and

(b)internal process, being an accumulation of test data within the DNA

•laboratory, to demonstrate that the established methods and procedures are

•performed as specified in the laboratory.

(2)The words and expressions used and not defined in this Act but defined in the

•Indian Penal Code, the Indian Evidence Act, 1872 and the Code of Criminal Procedure, 1973,

•shall have the meanings respectively assigned to them in those Codes or that Act.

•45 of 1860.

•1 of 1872.

•2 of 1974.

•40

•5

•10

•15

•20

•25

•30

•35

•4

SECTION Section 77

Untitled Section

•CHAPTER II

•DNA REGULATORY BOARD

SECTION Section 78

Untitled Section

3.(1) The Central Government may by notification, establish for the purposes of this

•Act, a Board to be called the DNA Regulatory Board.

(2)The Board 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 Board shall be at such place in the National Capital Region,

•as the Central Government may, by notification, specify.

(4)The Board may, with the approval of the Central Government, establish regional

•offices at such other places as it may deem necessary.

SECTION Section 79

Untitled Section

4.The Board shall consist of the following Members to be appointed by the Central

•Government, namely:—

(a)the Secretary to the Government of India in the Department of Biotechnology,

•who shall be the Chairperson, ex officio;

(b)an eminent person from the field of biological sciences having experience of

•not less than twenty-five years in the field, who shall be the Vice-Chairperson;

(c)a member of the National Human Rights Commission to be nominated by its

•Chairperson, ex officio;

(d)the Director-General of the National Investigation Agency and the Director

•of the Central Bureau of Investigation or their nominees not below rank of the Joint

•Director, to be nominated by the Central Government, ex officio;

(e)the Director-General of Police of a State, to be nominated by the Central

•Government by rotation every three years from amongst the States in alphabetical

•order, ex officio;

(f)the Director of the Centre for DNA Fingerprinting and Diagnostics,

•Hyderabad, to be nominated by the Central Government, ex officio;

(h)the Director of the National Accreditation Board for Testing and Calibration

•of Laboratories, New Delhi, to be nominated by the Central Government, ex officio;

(h)the Director of a Central Forensic Science Laboratory to be nominated by

•the Central Government, by rotation every three years, ex officio;

(i)an officer not below the rank of the Joint Secretary to the Government of

•India in the Ministry of Law and Justice, to be nominated by the Central Government,

•ex officio;

(j)an officer not below the rank of the Joint Secretary to the Government of

•India in the Ministry of Science and Technology, to be nominated by the Central

•Government, ex officio;

(k)one expert, from amongst persons of eminence in the field of biological

•sciences having experience of not less than twenty-five years in the field; and

(l)an officer, not below the rank of Joint Secretary to the Government of India

•or equivalent, with knowledge and experience in biological sciences, to be nominated

•by the Central Government, ex officio, who shall be the Member-Secretary.

•Establishment

•of DNA

•Regulatory

Board.

•Composition

•of Board.

•40

•5

•10

•15

•20

•25

•30

•35

•5

SECTION Section 8

Untitled Section

5.Term of office and conditions of service of Chairperson, Vice-Chairperson and

Member.

SECTION Section 80

Untitled Section

5.(1) The Chairperson shall hold the office in the Board till he remains Secretary in

•the Department of Biotechnology.

(2)The Vice-Chairperson appointed under clause ( b) and the Member appointed

•under clause (k), of section 4, shall hold office for a period of three years or till he attains the

•age of sixty-five years, whichever is earlier and shall be eligible for re-nomination for a

•further period of three years.

(3)The Vice-Chairperson appointed under clause ( b) and the Member appointed

•under clause ( k), of section 4, shall be entitled to such pay and allowances as may be

prescribed.

(4)The Chairperson and other ex officio Members may be entitled to such allowances

•as may be prescribed.

SECTION Section 81

Untitled Section

6.(1) The Board shall meet at such time and place and shall, subject to this section,

•observe such rules of procedure with regard to the transaction of business at its meetings

•(including the quorum at such meetings) as may be specified by regulations.

(2)The Chairperson shall preside over the meetings of the Board and if, for any

•reason, he is unable to attend a meeting, the Vice-Chairperson and in his absence, the

•senior-most Member present, reckoned from the date of his appointment to the Board, shall

•preside over such meeting:

•Provided that in case of common date of appointment of Members, the Member

•senior in age shall be considered as senior to the other Members.

(3)All questions which come up before any meeting of the Board shall be decided by

•a majority of votes of the Members present and voting, and in the event of an equality of

•votes, the Chairperson or, in his absence, the Vice-Chairperson or, in his absence, the

•Member presiding over the meeting, shall have a casting vote.

(4)Save as otherwise provided under this Act, the Chairperson shall have powers of

•general superintendence and direction of the affairs of the Board and may also exercise

•such other powers as may be delegated to him by the Board.

(5)All orders and decisions of the Board shall be authenticated by the

•Member-Secretary.

SECTION Section 82

Untitled Section

7.Any Member having any direct or indirect interest, whether pecuniary or otherwise,

•in any matter coming up for consideration at a meeting of the Board, shall, as soon as

•possible after 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

•Board, and such Member shall not take part in any deliberation or decision of the Board

•with respect to that matter.

SECTION Section 83

Untitled Section

8.(1) The Central Government may remove from office the Chairperson or any other

•Member, who—

(a)has been adjudged as an insolvent;

(b)has been convicted of an offence involving moral turpitude;

(c)has become physically or mentally incapable of acting as a Member;

(d)has acquired such financial or other interest as is likely to affect prejudicially

•his functions as a Member; or

(e)has so abused his position as to render his continuance in office prejudicial

•to the public interest:

•Provided that the Chairperson or a Member shall not be removed from office on the

•grounds specified under clause ( d) or clause ( e) except by an order made by the Central

•Term of

•office and

•conditions of

•service of

•Chairperson,

•Vice-

•Chairperson

•and Member.

•Meetings of

Board.

•Member not

•to participate

•in meetings in

•certain cases.

•Removal and

•resignation of

•Chairperson

•or Member

•and filling up

•of casual

•vacancies of

Board.

•40

•5

•10

•15

•20

•25

•30

•35

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•Government after an inquiry made in this behalf in which the Chairperson or such Member

•has been given a reasonable opportunity of being heard in the matter.

(2)If, for any reason, other than temporary absence, any vacancy occurs in the office

•of a Member, the Central Government shall appoint another Member from the same category

•in accordance with the provisions of this Act to fill such vacancy, and such Member shall

•hold office for the remainder of the term of the Member in whose place he has been appointed.

(3)Any Member may, by a notice of not less than thirty days in writing under his

•hand, addressed to the Central Government, resign from office:

•Provided that the 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 is duly appointed in his place or till the expiry

•of his term of office, whichever is earlier.

SECTION Section 84

Untitled Section

9.No act or proceeding of the Board shall be invalid merely by reason of—

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

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

•or

(c)any irregularity in the procedure of the Board not affecting the merits of the

case.

SECTION Section 85

Untitled Section

10.(1) The Board may, by general or special order published in the Official Gazette,

•delegate to the Chairperson or any other Member, subject to such conditions, if any, as may

•be specified in the order, its functions under this Act (except the power to make regulations),

•as it may deem necessary.

(2)An order made under this section shall be laid, as soon as may be after it is made,

•before each House of Parliament.

SECTION Section 86

Untitled Section

11.(1) The Board may, with the approval of the Central Government, appoint such

•officers and other employees, as it considers necessary, for the efficient discharge of its

•functions under this Act.

(2)The salaries and allowances payable to, and the other terms and conditions of

•service, including the manner of appointment, of the officers and other employees, under

•sub-section (1) shall be such as may be prescribed.

SECTION Section 87

Untitled Section

12.The Board shall for the purposes of this Act, perform the following functions,

•namely:—

(a)advice the Central Government and the State Governments on all issues

•relating to establishing of DNA laboratories and DNA Data Banks, including planning,

•organisational structure, size, number, location and laying down guidelines, standards

•and procedures for establishment and functioning of such laboratories and Data

•Banks including manpower, infrastructure and other related issues concerning

•monitoring of their performance and activities; upgradation of DNA laboratories; and

•making recommendations on funds required for such purposes;

(b)grant accreditation to laboratories and to suspend or revoke such

•accreditation;

(c)supervise DNA laboratories and DNA Data Banks, including their quality

•control;

(d)develop the training modules and frame guidelines for training of manpower,

•including the police and investigating agencies dealing with DNA related matters;

(e)regulate and audit DNA training programmes for DNA laboratories and

•DNA Data Banks;

•Vacancies,

etc., not to

•invalidate

•proceedings

•of Board.

•Delegation of

•powers of

Board.

•Officers and

•other

•employees of

Board.

•Functions of

Board.

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(f)identify scientific advances and recommend research and development

•activities in DNA testing and related issues, including intellectual property issues;

(g)lay down procedures for communication of information relating to DNA

•profile in civil and criminal proceedings and for investigation of crimes by law

•enforcement and other investigating agencies;

(h)recommend methods for optimum use of DNA techniques and technologies

•for administration of justice or for such other relevant purposes as may be specified

•by regulations;

(i)adopt and disseminate best practices, concerning the collection and analysis

•of DNA sample to ensure quality and consistency in the use of DNA techniques, and

•on all ethical and human rights issues relating to DNA testing in consonance with

•international guidelines enumerated by the United Nations Organisation and its

•specialised agencies, inter alia, relating to—

(i)the rights and privacy of citizens;

•(ii) the issues concerning civil liberties;

•(iii) issues having ethical and other social implications in adoption of

•DNA testing technology; and

•(iv) professional ethics in DNA testing;

(j)give advice on matters under this Act which may be referred to it by the

•Central Government or the State Government;

(k)make recommendations to the Central Government for the application

•of privacy protection in relation to the access to, or the use of, DNA samples and

•their analyses, and ensure—

(i)implementation and sufficiency of such protection;

•(ii) appropriate use and dissemination of DNA information;

•(iii) accuracy, security and confidentiality of DNA information;

•(iv) timely removal and destruction of obsolete, expunged or inaccurate

•DNA information; and

(v)such other steps as may be required to protect privacy;

(l)facilitate exchange of ideas and information on DNA technology;

(m)create awareness among public and other stakeholders, including police

•officers, prosecutors and judicial officers on the use and application of DNA

•technology;

(n)assist in such manner as may be prescribed, in criminal investigation between

•various investigation agencies within the country and with any foreign State,

•international organisation or institution in dealing with DNA testing;

(o)advice the Central Government on any modifications required to be made in

•respect of any matter under the Schedule;

(p)frame guidelines for storage and destruction of bodily substances including

•known sample;

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

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SECTION Section 88

Untitled Section

•CHAPTER III

•ACCREDITA TION OF DNA LABORATORIES

SECTION Section 89

Untitled Section

13.(1) No laboratory shall undertake DNA testing, analysing or any other procedure

•to generate data and perform analysis relating thereto without obtaining accreditation from

•the Board:

•Provided that a laboratory functioning as on the date of the commencement of this

•Act, may undertake DNA testing or any other procedure relating thereto, for a period of

•sixty days from such commencement and apply to the Board in accordance with

•sub-section (2) for obtaining accreditation:

•Provided further that such laboratory may, after making an application, continue to

•undertake DNA testing or any other procedure relating thereto, until its application is

•decided by the Board.

(2)A laboratory seeking accreditation under sub-section (1) shall apply to the Board

•in such form and manner along with such fees and documents as may be specified by

regulations.

(3)A laboratory seeking accreditation shall comply with such onsite assessment

•requirements, standards and such other requirements, as may be specified by regulations.

(4)The application for renewal of accreditation shall be made to the Board at least

•sixty days prior to the expiration of the accreditation in such form and manner and along

•with such fees as may be specified by regulations.

SECTION Section 9

Untitled Section

6.Meetings of Board.

SECTION Section 90

Untitled Section

14.(1) The Board may, within a period of ninety days from the receipt of application

•for accreditation or renewal thereof, and after carrying out inspection of the laboratory, its

•records and books, and if it is satisfied that the laboratory fulfils all requirements under this

•Act, by order, grant accreditation to such laboratory or renew it, subject to such conditions

•as it may deem fit:

•Provided that no application for accreditation shall be rejected by the Board without

•recording the reasons thereof, and giving the applicant an opportunity of being heard.

(2)The accreditation or renewal of accreditation under this section shall be valid for

•a period of two years.

SECTION Section 91

Untitled Section

15.(1) The Board may revoke the accreditation granted to a DNA laboratory, if such

•laboratory fails to—

(a)undertake DNA testing or any other procedure relating thereto;

(b)comply with any of the conditions subject to which the accreditation has

•been granted;

(c)comply with the provisions of this Act or the rules and regulations made

•thereunder or any other law for the time being in force;

(d)comply with the guidelines issued by the Board under this Act; or

(e)submit or offer for inspection its laboratory or books of account and any

•other relevant documents, including audit reports, when so demanded by the officers

•or agency authorised by the Board.

(2)Where the Board is of the opinion that any delay in revoking accreditation given

•to a DNA laboratory is prejudicial or detrimental to the public interest, it may suspend the

•accreditation forthwith pending final decision on such revocation.

(3)No revocation of accreditation of a DNA laboratory shall be made by the Board

•without giving the laboratory an opportunity of being heard.

•Prohibition of

•DNA testing,

etc., without

accreditation.

•Granting of

•accreditation

•or renewal

thereof.

•Power of

•Board to

•suspend or

•revoke

accreditation.

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(4)On the revocation or suspension of accreditation of the DNA laboratory, the

•laboratory shall hand over all DNA samples and records relating to DNA testing from its

•laboratory to such DNA laboratory as may be directed by the Board and it shall not retain

•any sample or record.

SECTION Section 92

Untitled Section

16.Any laboratory aggrieved, by an order of rejection of its application for

•accreditation or renewal thereof under section 14 or an order of suspension or revocation

•of accreditation under section 15, may prefer an appeal to the Central Government or such

•other authority as that Government may, by notification, specify, within a period of sixty

•days from the date of such order, which shall be decided by the Central Government or the

•authority, as the case may be, within a period of sixty days from the date of receipt of such

appeal.

SECTION Section 93

Untitled Section

•CHAPTER IV

•O

•BLIGATIONS OF DNA LABORATORY

SECTION Section 94

Untitled Section

17.(1) Every DNA laboratory, which has been granted accreditation for undertaking

•DNA testing or any other procedure under this Act, shall—

(a)follow such standards and procedures for quality assurance in the collection,

•storage, testing and analysis of DNA sample,

(b)establish and maintain such documentation and quality system,

(c)prepare and maintain quality manuals containing such details,

(d)share DNA data prepared and maintained by it with the National DNA Data

•Bank and the Regional DNA Data Bank, in such manner,

•as may be specified by regulations.

(2)The DNA laboratory shall report the results of the DNA testing in conformity with

•the provisions of this Act and the regulations made thereunder.

SECTION Section 95

Untitled Section

18.Every DNA laboratory shall appoint a person to be in-charge of the laboratory

•and employ such scientific, technical and other staff, possessing such qualifications and

•experience as may be specified by regulations, for discharging the duties and performing

•the functions under this Act.

SECTION Section 96

Untitled Section

19.The incharge of the DNA laboratory shall,—

(a)take such measures for facilitating skill upgradation and advancement in

•the knowledge of its employees in the field of DNA testing and other related fields, as

•may be specified by regulations;

(b)ensure that its employees undergo regular training in DNA related subjects,

•in such institutions, level and intervals, as may be specified by regulations;

(c)maintain such records relating to the laboratory and its personnel as may be

•specified by regulations.

SECTION Section 97

Untitled Section

20.(1) Every DNA laboratory shall,—

(a)possess such infrastructure,

(b)maintain such security and follow such procedure to avoid contamination

•of DNA samples,

(c)establish and follow such documented evidence control system to ensure

•integrity of physical evidence,

(d)establish and follow such validation process and written analytical

•procedure,

•Appeal

•against

•rejection,

•suspension or

•revocation of

accreditation.

•Obligations of

•DNA

laboratory.

•Appointment

•of in-charge,

•scientific,

•technical and

•other staff, of

•DNA

laboratory.

•Responsibilities

•of person in

•charge of

•DNA

laboratory.

•Measures to

•be taken by

•DNA

laboratory.

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(e)prepare such indices,

(f)use such equipment for the methods it employs,

(h)have such documented programme for calibration of instruments and

•equipment,

(h)conduct annual quality audits with such standards,

(i)install such security system for the safety of DNA laboratory and its

•personnel,

(j)charge such fees for conducting DNA testing or any other procedure relating

•thereto, not exceeding twenty-five thousand rupees,

•as may be specified by regulations.

(2)The DNA laboratory shall, after deriving the DNA profile and depositing it with

•the DNA Data Bank,—

(a)return the biological sample or remaining material for its preservation to the

•investigating officer in a criminal case till the disposal of the case or the order of the

•court; and

(b)in all other cases, destroy the biological sample or remaining material and

•intimate the person concerned.

(3)For the purposes of this section,—

(a)“analytical procedure” means an orderly step by step procedure designed

•to ensure operational uniformity;

(b)“quality audit” means an inspection used to evaluate, confirm or verify

•activity related to quality;

(c)“calibration” means a set of operations which establish, under specified

•conditions, the relationship between values indicated by a measuring instrument or

•measuring system, or values represented by a material, and the corresponding known

•values of a measurement.

SECTION Section 98

Untitled Section

21.(1) No bodily substances shall be taken from a person who is arrested for an

•offence (other than the specified offences) unless the consent is given in writing for the

•taking of the bodily substances.

Explanation.—For the purposes of this sub-section, “specified offences” means

•any offence punishable with death or imprisonment for a term exceeding seven years.

(2)If the consent required under sub-section (1) for taking of bodily substances from

•a person is refused or cannot be obtained, the person investigating the case may make an

•application to the Magistrate having jurisdiction for obtaining bodily substances from the

•arrested person.

(3)The Magistrate may, if he is satisfied that there is reasonable cause to believe that

•the bodily substances may confirm or disprove whether the person so arrested was involved

•in committing the offence, order for taking of bodily substances from such person.

SECTION Section 99

Untitled Section

22.(1) Subject to sub-section ( 2), any person who—

(a)was present at the scene of a crime when it was committed; or

(b)is being questioned in connection with the investigation of a crime; or

(c)intends to find the whereabouts of his missing or lost relative, in disaster or

•otherwise,

•may voluntarily consent in writing to bodily substances being taken from him for DNA

testing.

•Consent for

•taking bodily

•substances to

•be taken from

•a person

arrested.

•Bodily

•substances

•given

voluntarily.

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(2)If the person giving voluntary consent is below the age of eighteen years and the

•consent of the parent or guardian of such person is refused or cannot be obtained, the

•person investigating the case may make an application to the Magistrate having jurisdiction,

•for obtaining such bodily substances and the Magistrate, if he is satisfied that there is

•reasonable cause for taking the bodily substances from such person, order for taking of

•bodily substances from that person.