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Report No. 271

58. Power of Board to make regulations.

(1) The Board may, with the previous approval of the Central Government and after previous publication, by notification in official Gazette, 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 the 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;

(b) the other relevant purposes for the optimum use of DNA techniques and technologies under clause (j) of section 12;

(c) the form of application, the particulars it shall contain and the fee it shall accompany and the manner in which it shall be made to the Board by every DNA laboratory for approval or for renewal, as the case may be, for the purpose of undertaking DNA testing, under sub-section(2) of section 13;

(d) the period for which the approval or renewal may be granted, under section 14;

(e) the standards and procedures that a DNA laboratory shall follow for quality assurance for collection, storage, testing and analysis of DNA samples under clause (a); the documented quality system that a DNA laboratory shall establish and maintain under clause (b); the quality manual with the details therein that every DNA laboratory shall establish and maintain under clause (c); sharing of the DNA data prepared and maintained by DNA laboratory with the State DNA Data Bank and the National DNA Data Bank and the manner thereof under clause (d), of section 17;

(f) the educational and other qualifications and experience in respect of person in charge of a DNA laboratory, technical and managerial staff, and other employees of DNA laboratory under section 18;

(g) the measures to be taken by the person in charge of a DNA laboratory under sub-section (1) of section 19;

(h) the training which the employees of a DNA laboratory shall undergo, the institutions where such training shall be given, the levels and intervals for such training under sub-section (2) of section 19;

(i) the records to be maintained by the person in charge of a DNA laboratory under sub-section (3) of section 19;

(j)the measures to be taken by DNA laboratories specified under sub-section (1) of section 20;

(k) the other sources for collection of DNA sample under clause (d) of sub-section (1) of section 23;

(l) the other person under whose supervision DNA sample may be collected under clause (b) of sub-section (2) of section 23;

(m) 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 25;

(n)the standards in accordance with which information of data based on DNA analysis shall be prepared by a DNA laboratory under sub-section (1) of section 17;

(o)the educational qualifications in science and other qualifications and experience of the Director of the National DNA Data Bank under sub-section (2) of section 27;

(p)the powers and duties of the Director of the National DNA Data Bank under sub-section (4) of section 27;

(q)the salaries and allowances payable to, and the terms and other conditions of service of the Directors of the National and Regional DNA Data Bank and other officers and employees under sub-section (2) of section 28;

(r) the remunerations and the terms and conditions of experts under sub-section (3) of section 28;

(s) the criteria and the procedure to be followed by the Director of the DNA Data Bank under sub-section (1) of section 29;

(t) the manner in which the DNA profile of a person shall be expunged from the suspects' index/undertrials' index under, sub-section (2) of section 31;

(u) the manner in which the DNA profile of a person shall be expunged from the crime scene index or missing persons' index under sub-section (3) of section 31;

(v) the criteria for entry, retention and expunction of any DNA profile under sub-section (4) of section 31;

(w) the manner in which access to the information in the DNA Data Bank shall be restricted under section 37;

(x) The Board shall have the power to frame regulations and give effect to the provisions of this Act including those dealing with financial matter.



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