The National Forensic Sciences University Act, 2020

Administered Ministry: Ministry of Home Affairs / Women Safety Division

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Section

Section 1 Short title and commencement.

(1) This Act may be called the National Forensic Sciences University Act, 2020.

(2) It shall come into force on such date¹ as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.

¹. 1st October, 2020, vide notification No. S.O. 3424(E), dated 30th August, 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

Section 2 Declaration of National Forensic Sciences University as an institution of national importance.

Whereas the objects of the National Forensic Sciences University are such as to make it an institution of national importance, it is hereby declared that the National University of Forensic Sciences is an institution of national importance.

Section 3 Definitions.

In this Act, unless the context otherwise requires,--

(a) "Academic Council" means the Academic Council of the University referred to in section 18;

(b) "academic staff" means teachers and such categories of staff as are designated to be academic staff by the Statutes;

(c) "affiliated college" means an institution recognised as such by the Board of Governors in accordance with the provisions of this Act and the Statutes made thereunder;

(d) "Board of Governors" means the Board of Governors of the University referred to in section 15;

(e) "campus" means the campus of the Gujarat Forensic Sciences University situated at Gandhinagar, Gujarat, and that of the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences situated at Rohini, New Delhi, or such other campus as may be established by the University at any place within India or outside India;

(f) "Chancellor" means the Chancellor of the University;

(g) "college" means a college or institution maintained or admitted to the privileges of the University for imparting education and training in forensic sciences or its related disciplines;

(h) "Court" means the Court of the University referred to in section 14;

(i) "Dean", in relation to any School campus, means the Dean of such School campus;

(j) "department" means an academic department of the University;

(k) "distance education system" means the system of imparting education through any means of communication such as broadcasting, telecasting, internet, correspondence courses, seminars, contact programmes or the combination of any two or more such means;

(l) "employee" means any person appointed by the University and includes teachers, other academic and non-academic staff of the University;

(m) "Executive Registrar" means the Executive Registrar of the University referred to in section 25;

(n) "Finance Committee" means the Finance Committee of the University referred to in section 28;

(o) "Fund" means the Fund of University referred to in section 35;

(p) "notification" means a notification published in the Official Gazette;

(q) "School" means a school of study of the University;

(r) "Statutes" and "Ordinances" mean, respectively, the Statutes and Ordinances of the University made under this Act;

(s) "student" means a student of the University and its affiliated colleges, and includes any person who has enrolled for pursuing any course of study in the University;

(t) "teachers" means Directors, Deans, professors, associate professors, assistant professors and such other persons as may be appointed for imparting instruction or conducting research or for giving guidance for research or rendering assistance to students, in the University or in any college or institution maintained by the University;

(u) "University" means the National Forensic Sciences University established under this Act;

(v) "Vice-Chancellor" means the Vice-Chancellor of the University referred to in section 21.

Section 4 Establishment and incorporation of University.

(1) The Gujarat Forensic Sciences University, Gandhinagar, Gujarat established under the Gujarat Forensic Sciences University Act, 2008 (Gujrat Act 17 of 2018), and the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi shall be established as an University by the name of National Forensic Sciences University.

(2) The National Forensic Sciences University shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and shall, by the said name, sue or be sued.

(3) The headquarters of the University shall be at Gandhinagar, Gujarat.

(4) The campuses of the University shall include the campuses situated at Gujarat Forensic Sciences University, Gandhinagar, Gujarat and the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi and such other campuses as the Central Government may, by notification, specify.

(5) The first Chancellor, Vice-Chancellor, Board of Governors, Academic Council, Directors, Deans, Executive Registrar and all other persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute the University.

Section 5 Effect of incorporation of University.

On and from the commencement of this Act,--

(a) any reference to the Gujarat Forensic Sciences University, Gandhinagar, Gujarat or the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi in any other law for the time being in force or in any contract or other instrument, shall be deemed as a reference to the University;

(b) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted or other things done under the provisions of the Gujarat Forensic Sciences University Act, 2008, in so far as it relates to the Gujarat Forensic Sciences University, Gandhinagar, shall be deemed to have been, respectively, made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act, and, except as otherwise provided by or under this Act or the Statutes or Ordinances or regulations, continue in force unless and until they are superseded by the Statutes or Ordinances made under this Act;

(c) the status of "Centre of Excellence" and "Institute of Strategic or Security related Interest" granted to the Gujarat Forensic Sciences University, Gandhinagar by the Government of Gujarat and the status of "Center of Excellence for Narcotics Drugs and Psychotropic Substances" conferred by the Ministry of Home Affairs, Government of India, to the Gujarat Forensic Sciences University, Gandhinagar, shall be applicable to the University;

(d) all properties, movable and immovable, of or belonging to the Gujarat Forensic Sciences University, Gandhinagar, Gujarat or the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi shall vest in the University;

(e) all rights, debts and other liabilities of the Gujarat Forensic Sciences University, Gandhinagar, Gujarat or the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi shall be transferred to and be the rights, debts and liabilities of the University;

(f) every person employed by the Gujarat Forensic Sciences University, Gandhinagar, Gujarat or the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi, immediately before such commencement, shall hold his office or service in the University by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund, and other matters as he would have held if this Act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Statutes, not detrimental to the service conditions of such employee:

Provided that any reference, by whatever form of words, to the Registrar and other officers of the Gujarat Forensic Sciences University, Gandhinagar, Gujarat or the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi, in any law for the time being in force, or in any instrument or other document, shall be deemed to be reference to the Executive Registrar and other officers of the University;

(g) any activity for appointment or promotion of academic or non-academic staff underway in the Gujarat Forensic Sciences University, Gandhinagar at the time of commencement of this Act shall be deemed to be valid, and further proceeding in such appointment or promotion shall be taken in accordance with the provisions of this Act and be continued from the stage at the time of commencement of this Act;

(h) every person pursuing, before the commencement of this Act, any academic or research course or programmes of study in the Gujarat Forensic Sciences University, Gandhinagar, shall be deemed to have migrated and registered with the University, on such commencement, at the same level of course or programme and shall continue to pursue such academic or research course and programmes of study in the University;

(i) every person pursuing, before the commencement of this Act, any academic or research course in the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi, shall continue to pursue their academic courses and programmes of study under the enrolment and affiliation of the Guru Gobind Singh Indraprastha University, Delhi which shall conduct examinations and award degrees to them upon successful completion of such courses and programmes of study;

(j) all suits and other legal proceedings instituted or which could have been instituted by or against the Gujarat Forensic Sciences University, Gandhinagar or the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi, immediately before the commencement of this Act, shall be continued or instituted by or against the University.

Section 6 Objects of University.

The objects of the University shall be--

(i) to facilitate and promote academic learning and practices in the field of forensic science in conjunction with applied behavioural science studies, law, legal studies, criminology and other allied areas and technology, including training, skill-development, research and extension of work with focus on emerging areas in the said fields for strengthening criminal justice institutions in the country;

(ii) to foster research and applied applications in forensic science, applied behavioural science studies, law, legal studies and other allied areas and technology for training, research and development by promoting innovations and best practices;

(iii) to promote and provide advanced institutional and research facilities in the fields of forensic science, applied behavioural science, law, legal studies and other allied areas and technology;

(iv) to create capacities and capabilities of global standards of education, training and research for development of aptitude, skills and knowledge within and outside the country at various levels in the fields of forensic science, applied behavioural science, law, legal studies and other allied areas and technology;

(v) to coordinate with the Central Government and State Governments to improve investigation, crime detection and prevention through projects and research, funded by grants-in-aid from the Central Government and State Governments, in fields of forensic science, applied behavioural science, law, legal studies, criminology and other allied areas and technology;

(vi) to advice and assist the Central Government, State Governments and Union territory Administrations in formulation of relevant policies including their review in the fields of forensic science, applied behavioural science, law, legal studies, criminology and other allied areas and technology;

(vii) to coordinate and network with the institutions having specialisation so as to expand the fields of forensic science, applied behavioural science, law, legal studies, criminology and other allied areas and technology, for promoting academics and research work through various pursuits;

(viii) to administer, maintain and manage the University and to establish such off-site campus and off-shore centres for education, training and research as are necessary for the furtherance of the objects of the University within and outside the country;

(ix) to assist the Central Government or State Governments to accredit forensic science laboratories, provide standard operating procedures, and lay down specifications for forensic equipment and kits to be used for forensic work in the country;

(x) to set-up campus, colleges, schools, centres and institutions of excellence for imparting State of-the-art education, training and research in the fields of forensic science, cyber security and digital forensics, behavioural science, technology and management;

(xi) to assist the Central Government to create and maintain national forensic data base required for criminal investigation, including fingerprints, voice, Deoxyribonucleic Acid (DNA), firearms, counterfeit currency, narcotic drugs and psychotropic substances, cyber security, cyber defence and internal security;

(xii) to undertake special projects for Central Government and State Governments; and

(xiii) to undertake any other objects, not inconsistent with the provisions of this Act which the Central Government may, by notification, specify in this behalf.

Section 7 Powers and functions of University.

(1) Subject to the provisions of this Act, the University shall exercise the following powers and perform the following functions, namely:--

(a) to provide for studies, training, skill-development, research and extension of work in forensic science, applied behavioural science, law, legal studies, criminology and other allied areas and technology with focus on emerging areas of forensic science studies and related technologies;

(b) to establish and maintain campuses, colleges, institutions, schools, departments, laboratories, libraries, centres of research, training, skill-development, research and specialised studies within and outside the country;

(d) to hold examinations and grant degrees, diplomas, certificates and other academic distinctions;

(e) to confer honorary degrees or other distinctions;

(f) to grant, subject to such conditions as the University may determine, diplomas or certificates to, of evaluation or any other method of testing, and to withdraw any such diplomas, certificates, degrees or other academic distinction for good and sufficient cause;

(g) to provide facilities through the distance education system to such persons as it may determine;

(h) to introduce semester system, continuous evaluation and choice-based credit system and enter into agreements with other Universities and academic institutions for credit transfer and joint degree programmes;

(i) to make provisions for research and advisory services and for that purpose to enter into such arrangements with other institutions or bodies, national or international, as the University may deem necessary;

(j) to receive grants-in-aid to undertake projects for research and special assignments for the Central Government and State Governments;

(k) to determine, specify and receive payment of fees and other charges as the University may deem fit, from students and any other person, institution or body corporate for instruction and other services, including training, consultancy and advisory services, provided by the University;

(l) to establish, maintain and manage University buildings, halls, hostels and other campuses for the University in any other place;

(m) to affiliate colleges and institutions of higher learning for such purposes as the University may determine and to withdraw such recognition;

(n) to supervise and control the residence and regulate the discipline of students of the University and to make arrangements for promoting their health, general welfare, cultural and corporate life;

(o) to create academic and other teaching posts and to make appointments thereto (except the posts of Chancellor and Vice-Chancellor) as may be necessary for imparting instruction and managing the affairs of the University;

(p) to appoint on contract or otherwise visiting professors, emeritus professors, consultants, scholars including those located outside the country, and such other persons who may contribute to the advancement of the University;

(q) to create non-teaching, administrative, ministerial and other posts in the University and to make appointment thereto;

(r) to cooperate, collaborate or partner or associate with educational or other institutions and organisations, public and private, including those located outside the country having objects wholly or partly similar to those of the University by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects;

(s) to institute and award fellowships, scholarships, exhibitions, prizes and medals;

(t) to provide for the preparation of instructional material including related software and other audio-visual aids;

(u) to sponsor and make provision for research and development in areas of core competence of the University;

(v) to enter into, carry out, vary or cancel contracts;

(w) to demand and receive such fees and other charges as may be specified by Ordinances;

(x) to receive benefactions, donations and gifts from persons and to name after them such chairs, institutions, buildings and the like, as the University may determine, whose gift and donations to the University is worth such as the University may decide;

(y) to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the University;

(z) to initiate measures to enlist the cooperation of the industry to provide complementary facilities;

(za) to establish off-shore campus at any place outside the country as and when it is considered necessary for advancing the aims and objectives of the University;

(zb) to provide for printing, reproduction and publication of research and other work;

(zc) to provide, control and maintain discipline among the students and all categories of employees and to lay down the conditions of service of such employees, including their code of conduct;

(zd) to conduct innovative experiments and develop new methods and technologies in the field of science, technology and management in relation to the domains of investigation, prevention and detection of crimes and furthering the cause of criminal justice systems in order to achieve international standards of such education, training research and consultancy;

(ze) to admit students for courses in Institute and its affiliated centres and institutes on an all India basis in such manner as may be laid down in the Statutes;

(zf) to admit foreign students, Overseas Citizen of India card holder, Person of Indian Origin, non-resident Indian, children of Indian workers in Gulf and South-East Asian Countries, in such manner and as may be laid down in the Statutes;

(zg) to purchase or to take on lease any land or building or works which may be necessary or convenient for the purpose of the University on such terms and conditions as it may think fit and proper and to construct, alter and maintain any such buildings or works;

(zh) to raise and borrow moneys on bonds, mortgages, promissory notes or other obligations or securities founded or based upon all or any of the properties and assets of the University or without any securities and upon such terms and conditions as it may think fit and to pay out of the funds of the University, all expenses incidental to the raising of moneys, to repay and redeem any money borrowed after taking prior permission of the Board of Governors;

(zi) to invest the funds of the University in or upon such securities and transpose any investment from time to time in such manner as it may deem fit in the interest of University; and

(zj) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University.

(2) Notwithstanding anything contained in sub-section (1), the University shall not dispose of in any manner any immovable property without the prior approval of the Central Government.

Section 8 Jurisdiction of University.

The jurisdiction of the University shall extend to the whole of India.

Section 9 University to be open to all races, creeds and classes.

(1) The University shall be open to all persons irrespective of gender, race, caste, creed, disability, domicile, ethnicity, social or economic background.

(2) No bequest, donation or transfer of any property shall be accepted by the University which in the opinion of the Board of Governors involves conditions or obligations opposed to the spirit and object of this section.

(3) Admissions to every academic programme of study in the University shall be based on merit assessed through transparent and reasonable criteria disclosed prior to the commencement of the process of admission by the University:

Provided that the University shall be a Central Educational Institution for the purposes of the Central Educational Institutions (Reservation in Admission) Act, 2006 (5 of 2007).

Section 10 Admission of students.

(1) It shall be the endeavor of the University to maintain an all-India character, and high standards of teaching and research.

(2) Admission of students for courses in University shall be made on an all-India basis in such manner as may be specified in the Ordinances.

Section 11 Teaching at University.

All teaching at the University and its campuses or affiliated colleges shall be conducted by and in the name of the University in accordance with the Statutes and Ordinances made in this behalf.

Section 12 Authorities of University.

The following shall be the authorities of the University, namely:--

(a) Chancellor;

(b) Court;

(d) Academic Council;

(e) Board for Affiliation and Recognition;

(f) Finance Committee; and

(g) such other authorities as may laid down in the Statutes to be the authorities of the University.

Section 13 Chancellor.

(1) The Central Government may, by notification, appoint a person of eminence as the Chancellor of the University in consultation with such State Governments as it deems fit.

(2) The Chancellor shall, by virtue of his office, be the Head of the University and shall preside at the convocations of the University held for conferring degrees.

(3) The Chancellor may invite any person or persons of eminence to advise the University in relation to the affairs of the University as and when necessary.

(4) Notwithstanding anything contained in this Act, the Chancellor may order or undertake an inspection or inquiry, if he deems it necessary.

(5) The Chancellor shall have such other powers as may be laid down in the Statutes.

Section 14 Court.

(1) The Central Government shall, by notification, constitute a Court for the University to be headed by the Chancellor.

(2) The members of the Court shall be nominated by the Central Government, in consultation with such State Governments as it deems fit, from amongst persons of eminence, including from the fields of forensics, bio-technology, criminal justice, law enforcement, technology and academia.

(3) The term of office of members of the Court shall be such as may be laid down in the Statutes.

(4) The Vice-Chancellor shall be the convenor of the Court.

(5) Subject to the provisions of this Act, the Court shall have the following powers and perform the following functions, namely:--

(a) to review, from time to time, the broad policies and programmes of the University, and to suggest measures for the improvement and development of the University;

(b) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts; and

(6) The Court shall meet at least once in a year.

Section 15 Board of Governors.

(1) The Board of Governors of the University shall consist of the following members, namely:--

(a) Vice-Chancellor--Chairperson,ex officio;

(b) Financial Adviser, Ministry of Home Affairs, Government of India--member, ex officio;

(c) one representative of the Ministry of Home Affairs in the Government of India not below the rank of Joint Secretary--member, ex officio;

(d) an officer of the Home Department, not below the rank of the Secretary to the Government of Gujarat--member, ex officio;

(e) Registrar General of the High Court of Gujarat--member, ex officio;

(f) Director-cum-Chief Forensic Scientist, Director of Forensic Science Services, Ministry of Home Affairs, Government of India--member,ex officio;

(g) five persons of eminence selected from the fields of forensic science, law, enforcement, criminology, computer science, engineering, technology, management, forensic medicine and pharmacy, to be nominated by the Central Government, in consultation with such State Governments as it deems fit--members;

(h) all Campus Directors of the University--members, ex officio.

(2) The Executive Registrar shall be the Secretary of the Board.

(3) The Chairperson shall exercise such other powers and perform such other functions as may be assigned to him by or under this Act or the Statutes.

Section 16 Powers of Board of Governors.

(1) Subject to the provisions of this Act, the Board of Governors shall be responsible for the general superintendence, direction and the control of affairs of the University and shall exercise all the powers of the University not otherwise provided by this Act, Statutes or Ordinances and shall have the power to review the acts of the Academic Council and the Finance Committee and other committees or authorities of the University.

(i) take decisions on question of policy relating to the administration and working of the University;

(ii) institute courses of study in the University;

(iii) make Statutes;

(iv) modify or cancel Statutes;

(v) create posts and appoint persons to academic as well as other posts in the University and determine salary structure and the terms and conditions of different cadres of employees;

(vi) consider and pass resolutions on the annual report, annual accounts and the budget estimates of the University for every financial year;

(vii) invest money and funds of the University and to take decision on the recommendations of the Finance Committee;

(viii) publish or finance the publication of studies, treaties, books, periodicals, reports and other literature from time to time and to sell or arrange for the sale as it may deem fit;

(ix) appoint such committees as it considers necessary for the exercise of its powers and performance of its duties under this Act;

(x) appoint Campus Directors;

(xi) consider and approve the proposals recommended by the Board for Affiliation and Recognition;

(xii) delegate any of its power to the Directors, Deans, Executive Registrar or any other officer, employee or to any authority of the University or to a committee appointed by it; and

(xiii) exercise such other powers and perform such other functions as may be conferred or imposed upon it by or under this Act or the Statutes or Ordinances made thereunder for achieving the objects of the University.

(3) The Board of Governors shall meet at least two times in a year and the presence of at least six members shall form the quorum for a meeting of the Board of Governors.

Section 17 Terms of office of members of Board of Governors.

(1) Save as otherwise provided in this section, the term of a nominated member of the Board of Governors under clause (g) of sub-section (1) of section 15 shall be three years from the date of his nomination.

(2) A nominated member of the Board of Governors shall be eligible for re-nomination for the next term.

(3) A nominated member of the Board of Governors may resign from his office by writing under his hand addressed to the Chairperson and his resignation shall take effect from the date it is accepted by the Chairperson.

(4) The term of office of an ex officio member of the Board of Governors shall continue so long as he holds the office by the virtue of which he is a member.

Section 18 Academic Council.

(1) The Academic Council of the University shall consist of the following members, namely:--

(i) Vice-Chancellor--Chairperson, ex officio;

(ii) two academicians or professionals to be nominated by the Board of Governors --members;

(iii) two academicians or professionals in the field of forensic science to be nominated by the Board of Governors--members;

(iv) Director-cum-Chief Forensic Scientist, Directorate of Forensic Science Services, Ministry of Home Affairs, Government of India--member, ex officio;

(v) Campus Directors--members, ex officio;

(vi) one Dean or professor or associate professor from each discipline of the School, by rotation, to be nominated by the Vice-Chancellor--members, ex officio;

(vii) two representatives of industry or industry bodies in related sectors to be nominated by the Board of Governors--members.

(2) The Executive Registrar shall be the Secretary of the Council.

(3) The term of office of the members nominated under clauses (ii), (iii), (vi) and (vii) of sub-section (1) shall be three years, and the members shall be eligible for re-nomination for the next term.

Section 19 Powers of Academic Council.

Subject to the provisions of this Act and the Statutes made thereunder, the Academic Council of the University shall exercise the following powers and perform following functions, namely:--

(i) to specify the academic policies of the University and be responsible for the maintenance and improvement of standards of instruction, education and evaluation in the University;

(ii) to consider matters of general academic interest either on its own initiative or on a reference from the faculty of the University or the Board of Governors and to take appropriate action thereof;

(iii) to review and recommend to the Board of Governors regarding proposals received from the Board for Affiliation and Recognition;

(iv) to make Ordinances;

(v) to recommend to the Board of Governors, to make such Statutes as are consistent with this Act regarding the academic functioning of the Institute including discipline of students; and

(vi) to exercise such other powers and perform such other functions as may be conferred or imposed upon it by the Statutes or Ordinances.

Section 20 Officers of University.

The following shall be the officers of the University, namely:--

(a) Vice-Chancellor;

(b) Campus Directors;

(d) Executive Registrar; and

(e) such other persons in the service of the University as may be laid down in the Statutes, to be the officers of the University.