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Report No. 271

12. Functions of Board.

The Board shall for the purposes of this Act, perform the following functions, namely :-

(a) advising concerned Departments and Ministries of the Central Government and the State Governments on all issues relating to DNA laboratories including planning, organisational structure, size, number, strategic location and operating standards; establishment and management of new DNA laboratories; upgradation of existing DNA laboratories; and making recommendations on funds required for such purposes;

(b) facilitating and assisting the Central Government in establishing DNA Data Banks;

(c) laying down guidelines, standards and procedures for establishment and functioning of DNA laboratories and DNA Data Banks including manpower, infrastructure and other related issues concerning monitoring of their performance and activities;

(d) giving approval and issuing certificate of accreditation to the DNA laboratories, its renewal and cancellation thereof;

(e) supervising, monitoring, inspection and assessment of DNA laboratories and DNA Data Banks, including quality control;

(f) development of training modules and framing guidelines for training of manpower including the police and investigating agencies dealing with DNA related matters;

(g) conducting, monitoring, regulating, certifying and auditing of DNA training programmes for DNA laboratories and DNA Data Banks;

(h) identifying scientific advances and recommending research and development activities in DNA testing and related issues including intellectual property issues;

(i) laying 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;

(j) recommending 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;

(k) disseminating best practices concerning the collection and analysis of DNA sample so as to ensure quality and consistency in the use of DNA techniques;

(l) advising on all such matters, under this Act, as may be referred to it by the Central Government or the State Government;

(m) making recommendations for provision of privacy protection laws, regulations and practices relating to the access to, or the use of, stored 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;

(n) providing a forum for the exchange and dissemination of ideas and information on DNA based technology;

(o) sensitising and creating awareness among public and other stakeholders including police officers, prosecutors and judicial officers on use and regulation of DNA based technology;

(p) deliberating and advising 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;

(q) establishing procedure for co-operation in criminal investigation between various investigation agencies within the country and with any foreign State, international organisation or institution;

(r) identifying and elaborating procedure for inter-State co-operation in dealing with DNA testing;

(s) advising the Central Government on any modifications required to be made in the lists contained in the Schedule;

(t) framing guidelines for storage and destruction of bodily substances including known sample;

(u) undertaking any other activity which in the opinion of the Board advances the purposes of this Act; and

(v) performing such other functions as may be assigned to it by the Central Government, from time to time.



Human DNA Profiling - A Draft Bill for the Use and regulation of DNA-based Technology Back




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