Himachal Pradesh Forensic Document and Finger Print Examiner (Private Practitioners) Regulatory Rules, 2017

Published vide Notification No. Home-C(A) 3-4/2016, dated 1.7.2017

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Government of Himachal Pradesh

Home Department

No. Home-C(A) 3-4/2016. - The Governor of Himachal Pradesh is pleased to make the following rules to regulate the service of Forensic Document and Finger Print Examiners working in the field as private practitioners in the State of Himachal Pradesh.

Short title, commencement and application.- (1) These rules may be called the Himachal Pradesh Forensic Document and Finger Print Examiner (Private Practitioners) Regulatory Rules, 2017.

(2) They shall come into force from the date of their publication in the Official Gazette.

(3) They shall apply to Forensic Document and Finger Print Examiners working as private practitioners in the State of Himachal Pradesh.

Definitions- In these rules unless the context otherwise requires, -

(a) "Authority" means the Himachal Pradesh Forensic Document and Finger Print Examiners Regulatory Authority;

(b) "Board of Experts" means a panel of three practicing Forensic Document Examiners or a panel of three practicing Finger Print Examiners;

(d) "Finger Print Bureau" means State Finger Print Bureau or Central Finger Print Bureau;

(e) "Forensic Science Laboratory" means Central Forensic Laboratory or State Forensic Science Laboratory or Regional Forensic Science Laboratory;

(f) "Member" means a Member of the Authority;

(g) "practicing Finger Print Examiner" means any private Finger Print Examiner having at least ten years practice as such and registered only in Himachal Pradesh;

(h) "practicing Forensic Document Examiner" means any private document expert having at least ten years of practice as such and registered only in Himachal Pradesh; and

(i) "registration" means registered with the Authority.

Qualifications and requirements for registration.- The applicant seeking registration must, -

(a) be a person of good moral character, high integrity and good repute and must possess high ethical and professional standing;

(b) possess at least a science degree or degree in Forensic Science preferably Ph. D in Forensics or relevant field from recognized university/institute or diploma in Forensic Science from a recognized university/institute or have experience of 20 years regular service in document examination in Central or State or Regional Forensic Science Laboratory;

(c) possess at least a science degree or degree in Forensic Science preferably Ph. D in Forensics or relevant field from recognized university/institute or diploma in Forensic Science from a recognized university/institute or having 20 years experience as regular service in finger print examination in Central or State Finger Print Bureau;

(d) have undergone full time training of at least two years duration in Forensic Science Laboratory or under practicing Forensic Document examiner;

(e) have undergone full time training of at least two years duration in Finger Print Bureau or under practicing finger print examiner;

(f) have published at least one research paper on the subject in a renowned journal;

(g) be actively engaged in practice of Forensic Document Examination;

(h) be actively engaged in practice of Finger Print Examination;

(i) submit as references the names and addresses of three Forensic Document Examiners attesting to his/her qualification for registration; and

(j) submit as references the names and addresses of three Finger Print Examiners attesting to his/her qualification for registration.

Constitution of Himachal Pradesh Forensic Document and Finger Print Examiner Regulatory Authority.- (1) The State Government shall constitute a body to be known as "the Himachal Pradesh Forensic Document and Finger Print Examiner Regulatory Authority" comprising of the following members: -

(i)	Director, Forensic Science , H.P.	Chairman ;
(ii)	Director , Prosecution, H.P.	Member ;
(iii)	Professor, Deptt. of Forensic Science of a recognized University.	Member ;
(iv)	Two Forensic Scientists of Eminence (Central or State or Regional Forensic Science Laboratory)	Member ; and
(v)	Assistant Director, (Document), State or Regional Forensic Science Laboratory or Assistant Director (Finger Print Bureau)	Member-Secretary.

The Director, Forensic Science, Himachal Pradesh shall consult the University Authorities to determine name of one professor for nominating as Member of the Authority. The nominated Member may be paid Travelling and Daily Allowances and Honorarium, if any, as admissible under the Government rules.
The Director, Forensic Science, Himachal Pradesh shall consult the Director-cum-Chief Forensic Scientist, Directorate of Forensic Services, Ministry of Home Affairs, Government of India to determine name of one Forensic Scientist as Member of the Authority. The nominated member may be paid Travelling and Daily Allowance and Honorarium, if any, as admissible under the Government rules.
The Authority shall devise and notify application form for inviting applications from private Forensic Questioned Document Examiners and Handwriting Experts and Finger Print Examiners for their registration. The application form shall contain the details of documents required for registration and the registration fee in addition to other information.
The Authority shall hold its meeting in the first week of every month to adjudge the eligibility of the applicants by checking their qualifications, credentials and credibility, and after satisfaction, the Authority shall charge Rs. 5,000/ - registration fee and thereafter registration certificate may be issued having validity of five years. For renewal of registration, the applicant shall pay Rs. 2,500/ - and submit his application to the Authority, and after satisfaction, the Authority may renew registration certificate for another five years.
The Authority shall have the right to reject the application on the valid grounds after affording the opportunity of being heard to the applicant.
The Authority shall maintain a list of registered Private Forensic Questioned Document Examiners and Handwriting Experts and Finger Print Examiners and upload and update, from time to time, on the official we-site of State Government and of the Directorate of Forensic Science, Himachal Pradesh, Shimla Hills, Junga,
General provisions of Registration.- (a) the right to deny registration shall be reserved with the Authority;

(b) the registration shall be valid for a period of five years and its renewal shall be mandatory;

(c) the list of duly registered Forensic Document Examiners/ Handwriting Experts and Finger Print Examiners shall be maintained and updated periodically on official website of the State Government and of the State Forensic Science Laboratory;

(d) the report of every registered Forensic Document Examiner and Handwriting Expert and Finger Print Examiner must bear his/her valid registration number issued by the Authority.

(e) the Authority, after hearing the applicant/delinquent shall have the power to take disciplinary action against the registered Forensic Document Examiner and Handwriting Expert and Finger Print Examiner if he/she violates ethical or professional rules of conduct or competency or strictures have been passed against him/her by the Hon'ble High Court.

(f) In any disciplinary proceeding, the Authority shall have the power to impose any of the following penalties: -

(i) written reprimand; or

(ii) suspension of registration for a specific period of time; or

(iii) cancellation of registration permanently; or

(iv) the Authority in the event of conflicting opinions of experts shall appoint a board of three experts under its supervision whose report would be binding on the contesting parties. The members of such board of experts shall be paid a nominal fee for the examination of such case; or

(v) if any, question arises as to the interpretation of these rules, the State Government shall decide the same.

Code of Ethics and Conduct.- The principles of code of Ethics and Conduct shall be as follows: -

(a) to apply the principles of science and logic in the evaluation of all document/finger print examination problems;

(b) to keep informed on latest developments in the field by constant study and research;

(c) to keep information received from a client as confidential; and to refuse to perform similar services for any person whose interests are opposed to those of the original client;

(d) to give an opinion or conclusion strictly in accordance with the physical evidence in the document, finger print and to the extent justified by the facts;

(e) to behave in and out of court in an absolutely impartial manner and to do nothing that would show bias or any interest in the case;

(f) to report the findings of an examination and their proper interpretation;

(g) to give the best possible services in all cases, irrespective of the importance of the matter;

(h) to charge for services, in accordance with a mutually agreed contract for services rendered. Remuneration shall be fair and equitable considering all the elements in the case;

(i) no engagement shall be undertaken on a contingent basis;

(j) to make technically correct statements in all written or oral reports and testimony; and

(k) to maintain a constant spirit of fairness combined with high ethical, education and technical standards.