15. Penalties

(1) If an order is not complied with, the District Level Committee or State Biotechnology Co-ordination Committee may take measures at the expense of the person who is responsible.

(2) In case where immediate intervention is required in order to prevent any damage to the environment, nature or health, the District level Committee or State Biotechnology Coordination Committee may take the necessary steps without issuing any order or notice. The expenses incurred for this purpose will be repayable by the person responsible for such damage.

(3) The State Biotechnology Co-ordination Committee/District Level Committee may take samples for a more detailed examination of organisms and cells.

(4) The State Biotechnology Co-ordination Committee/District Level Committee shall be competent to ask for assistance from any other government authority to carry out its instructions.

As seen above, although penalties are provided they are restricted only to taking measures by the SBCC or DLC at the expense of the person who is responsible. Moreover, this provision is not made mandatory and it is left to the discretion of SBCC/DLC whether or not to take any measure. It is submitted that in the absence of any penal provision for the non-compliance of statutory provisions or any order, the serious compliance of the regulations cannot be ensured. Hence, the Rules require to be amended to incorporate the penal provisions and ensure strict and effective compliance.

Existing Rules Requiring Amendment

·         Constitution of the Committees: The Rules provide for the constitution of 6 different committees for different purposes. The constitution of these committees however has major loopholes, suggestions to improve which are highlighted below:

o        The RDAC whose main function is to recommend safety regulations in India should be a Multi Stakeholder committee. Since this department functions under the department of biotechnology and the committee, which actually gives approvals, licenses and consent, is the GEAC that functions under the department of environment and forests. Therefore it is necessary that one of the officers working in the department of environment should be made a part of the RDAC for the smooth implementation of the recommendations made by the RDAC.  

o         The RCGM whose functions are to monitor the safety related aspect and to bring out manual of guidelines specifying produce for regulatory process with respect to activities involving GMO in research and applications including industry should also a Multi Stakeholder committee. Apart from this scientific expertise, members must include social scientists, environmentalists, civil society groups, farmers, specially women farmers, representatives of adivsai communities, representatives of panchayati raj institutions, especially from states where transgenic crops are tested and cultivated, and a legal expert.

o         GEAC, which is responsible for granting approval for release into environment of GMOs including field trials should be an independent body consisting of people skilled in bio safety assessment, environmental assessment, environmental impact assessment, economists agronomists etc.