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  "title": "PUNJAB FORENSIC SCIENCE AGENCY ACT 2007",
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  "text": "THE PUNJAB FORENSIC SCIENCE AGENCY ACT, 2007 \r\n(XIII of 2007) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Establishment and constitution of the Agency \r\n4. Functions of the Agency \r\n5. Superintendence of the Agency \r\n6. Administration of the Agency \r\n7. Appointment of the Director General \r\n8. Administrative and financial powers of the Director General \r\n9. Experts \r\n10. Expert opinion \r\n11. Clarification in case of certain opinion \r\n12. Re-examination of forensic material \r\n13. Offence \r\n14. Appeal \r\n15. Annual Performance report \r\n16. Act to be read in conjunction with other laws \r\n17. Power to make rules \r\nTEXT \r\n1\r\nTHE PUNJAB FORENSIC SCIENCE AGENCY ACT, 2007 \r\n(XIII of 2007) \r\n[30th October, 2007] \r\nAn \r\nAct \r\nto establish the Punjab Forensic Science Agency for forensic examination of \r\ndocuments, materials, equipment, impressions or other objects. \r\nPreamble.– Whereas it is expedient to provide for the est ablishment and \r\nconstitution of an Agency for the purpose of examination of forensic material and \r\nrendering of expert opinion in respect thereof before Court, tribunal or other authority \r\nand for connected matters; \r\n It is hereby enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Forensic Science Agency Act, 2007. \r\n(2) It extends to the whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.– (1) In this Act: \r\n(a) “Act” means the Punjab Forensic Science Agency Act, 2007; \r\n(b) “Agency” means the Punjab Forensic Science Agency established and \r\nconstituted under section 3 of the Act; \r\n(c) “authority” includes a police officer or a public servant authorized to \r\nhold an investigation or inquiry under a ny law for the time being in \r\nforce; \r\n(d) “Code” means the Code of Criminal Procedure, 1898 (V of 1898); \r\n(e) “Director General” means the Director General of the Agency \r\nappointed under section 7; \r\n(f) “expert” includes a qualified foreign expert working in a forensic \r\nscience facility and whose evidence is admissible in the country of his \r\norigin; \r\n(g) “forensic material” means a document, material, equipment, impression or \r\nany other object connected with the commission of an offence, a civil \r\ncause or any other proceedings; \r\n(h) “Government” means the Government of the Punjab; \r\n(i) “inquiry” includes an administrative inquiry; \r\n                                                 \r\n1This Act was passed by the Punjab Assembly on 4 October 2007; assented to by the Governor of the Punjab on 29 October \r\n2007; and was published in the Punjab Gazette (Extraordinary), dated 30 October 2007, pages 1453-1456. \r\n(j) “offence” means an act or omission made punishable under any law for \r\nthe time being in force; \r\n(k) “police officer” means a police officer appointed under the Police Order, \r\n2002 (22 of 2002), or any other person who has been conferred with the \r\npowers of a police officer under any other law for the time being in force; \r\n(l) “prescribed” means prescribed by the rules;  \r\n(m) “rules” means the rules made under the Act; and \r\n(n) “Search Committee” means a Committee constituted for making \r\nrecommendation for appointment of Director General. \r\n(2) A word or an expression used in the Act and not defined shall mean \r\nthe same as in the Code. \r\n3. Establishment and constitution of the Agency.– (1) The Government shall, by \r\na notification in the official Gazette, establish and constitute an Agency to be called the \r\nPunjab Forensic Science Agency. \r\n(2) The Agency shall consist of the Director General and experts and \r\nofficials as may be appointed by the Government. \r\n(3) The Government may, by a notification in the official Gazette, absorb in \r\nthe Agency a body, bureau, laboratory or any other facility of the Government \r\nconcerned with the examination and rendering of exper t opinion about forensic \r\nmaterial. \r\n(4) An officer or an employee of the body, bureau, laboratory or other \r\nfacility absorbed in the Agency may opt for employment in the Agency. \r\n(5) The officer or the employee who opts to become employee of the \r\nAgency and is otherwise qualified shall be appointed in the Agency in the prescribed \r\nmanner. \r\n4. Functions of the Agency.– The Agency shall: \r\n(a) undertake examination of forensic material; \r\n(b) render expert opinion with regard to examination of forensic material \r\nconducted by it; \r\n(c) procure, operate and maintain scientific instruments for examination of \r\nforensic material; \r\n(d) propose advancement in forensic techniques and suggest use of suitable \r\nscientific instruments for examination of forensic material; \r\n(e) seek clarification from the person involved in collection or handling of \r\nforensic material in the prescribed manner; \r\n(f) recommend the procedure for the collection, preservation and handling \r\nof forensic material; \r\n(g) subject to the direction of the Government, collect forensic material that \r\nrequires special expertise or scientific methods for collection and \r\npreservation; \r\n(h) maintain record for examination of forensic material, including record \r\npertaining to the identity of a person connected with or accused of an \r\noffence, in the prescribed manner; \r\n(i) promote general awareness on matters relating to forensics; and \r\n(j) perform any other function connected with or ancillary to the above \r\nfunctions. \r\n5. Superintendence of the Agency.– The superintendence of the Agency shal l \r\nvest in the Government and shall be exercised in the prescribed manner. \r\n6. Administration of the Agency .– The administration of the Agency shall vest \r\nin the Director General. \r\n7. Appointment of the Director General .– (1) The Government shall appoint \r\nthe Director General on the recommendation of the Search Committee. \r\n(2) The Director General shall be a qualified expert in one or more \r\ndisciplines of forensic science in accordance with the prescribed standards. \r\n2\r\n[(3) The Director General shall hold office for  a term of five years but the \r\nGovernment may, in special circumstances, extend the term of office of the Director \r\nGeneral for such period as it may determine.] \r\n(4) The Government shall determine the terms and conditions of service of \r\nthe Director General which shall not be varied during his term in office. \r\n(5) The Government may, after notice and inquiry in the prescribed \r\nmanner, remove the Director General during the tenure of his office on the ground of \r\ninefficiency, misconduct, corruption or inability to  perform functions due to medical \r\nreasons. \r\n(6) The Director General may tender his resignation to the Government \r\nand shall cease to hold office upon acceptance of his resignation. \r\n8. Administrative and financial powers of the Director General .– The \r\nDirector General shall exercise such administrative and financial powers as may be \r\nprescribed. \r\n9. Experts.– (1) The Government shall appoint an expert in the prescribed \r\nmanner. \r\n(2) No person shall be appointed as an expert unless he is qualified to \r\nconduct examination of a forensic material. \r\n(3) A person appointed in the Agency as an expert shall be deemed as an \r\nexpert appointed under section 510 of the Code and a person specially skilled in a \r\nforensic material under Article 59 of the Qanun-e-Shahadat Order, 1984 (X of 1984). \r\n(4) The Government or the Agency shall not entrust examination of a \r\nforensic material to a person who has been convicted of an offence related to giving \r\nfalse evidence under any law for the time being in force.  \r\n                                                 \r\n2Substituted by the Punjab Forensic Science Agency (Amendment) Act 2016 (XXII of 2016), published in the Punjab Gaz ette \r\n(Extraordinary), dated: 20 April 2016, pp. 4643-4644, s.2. \r\n10. Expert opinion.– (1) A Court, tribunal or authority may send to the Agency, a \r\nforensic material related to investigation or proceedings before it, for examination \r\nand expert opinion. \r\n(2) The Agency shall authenticate and send expert opinion to a Court, \r\ntribunal or authority in the prescribed manner.  \r\n(3) An expert opinion shall carry the name and designation of the expert \r\nwho conducted the examination. \r\n11. Clarification in case of certain opinion.– (1) If an expert opinion is not clear, \r\nthe Court, tribunal or authority may refer it to the Agency for clarification on a specific \r\nquestion. \r\n(2) The Agency shall, on receipt of the reference, send clarification on the \r\nquestion to the Court, tribunal or authority.  \r\n(3) If the condition of the forensic material or any other fact does not allo w \r\nsubmission of a clear answer to the question, the Agency shall state its inability to \r\nanswer the question. \r\n12. Re-examination of forensic material.– (1) A person affected by the opinion of \r\nan expert, may for a sufficient cause, submit an application for re-examination before \r\nthe Court, tribunal or authority other than a police officer before which the opinion is \r\nrendered or the Court or tribunal before which the opinion is submitted by the authority. \r\n(2) If the Court, tribunal or authority is satisfied th at there are sufficient \r\ngrounds for re -consideration of the opinion, it may, for reasons to be recorded in \r\nwriting, direct the Agency to re-examine the forensic material. \r\n(3) The Director General shall, on receipt of the direction, constitute a \r\npanel of three or more experts to re -examine the forensic material or refer the same \r\nto a forensic examination facility for examination and opinion. \r\n(4) The Director General shall submit the finding of the expert or the \r\nforensic facility and his opinion to the Court, tribunal or authority. \r\n13. Offence.– (1) If an expert or official of the Agency knowingly or negligently \r\nrenders false, incorrect or misleading opinion before a Court, tribunal or authority, he \r\nshall be punished with imprisonment which may extend to six m onths or with fine \r\nwhich may extend to fifty thousand rupees or with both. \r\n(2) An offence under this Act shall be triable by a Court of Sessions. \r\n(3) The Court shall not take cognizance of an offence under this Act unless \r\nthe Director General makes a complaint in writing in the prescribed manner. \r\n14. Appeal.– A person aggrieved by an order or sentence passed under section 13 \r\nmay, within thirty days, prefer an appeal to the Lahore High Court. \r\n15. Annual Performance report .– (1) The Agency shall submit its an nual \r\nperformance report to the Government before July 31 in a year; \r\n(2) The Government shall, within the period of one month of the receipt of \r\nthe annual performance report, submit the same in the Provincial Assembly of the \r\nPunjab. \r\n16. Act to be read in co njunction with other laws .– The provisions of this Act \r\nshall be read in conjunction with and not in derogation of any other law for the time \r\nbeing in force. \r\n17. Power to make rules .– The Government may make rules for giving effect to \r\nthe provisions of this Act.",
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