The 1989 Rules: Inspection, Restriction and Prohibition

In one line

Rules 14 to 20 are the enforcement half: supervision, costs recovered from the polluter, a duty to report an accident at once, an off-site emergency plan, inspection, an appeal in thirty days, and a power to exempt.

In exam wording: rule 14 of the Rules of 1989 permits the Genetic Engineering Approval Committee to supervise the implementation of the terms of its approvals, directly or through the State Biotechnology Coordination Committee, the State Pollution Control Boards, the District Level Committee or any authorised person; rule 15 permits the District or State Committee, where an order is not complied with, to take measures at the expense of the person responsible, and where immediate intervention is required to act without any order or notice, the expense being repayable; rule 16 requires immediate notification of any interruption or accident that may lead to a harmful discharge; rule 17 requires the District Level Committee to prepare an off-site emergency plan; rule 18 provides for inspection and for information including financial information, and permits the Committee to fix fees; rule 19 gives an appeal within thirty days to an authority appointed by the Ministry; and rule 20 provides for exemption.

Rule 14: supervision

The Committee may supervise the implementation of the terms and conditions laid down in connection with its approvals, and may carry that supervision out through the State Biotechnology Coordination Committee, the State Pollution Control Boards, the District Level Committee, or any person authorised in that behalf.

Two observations. The word is "may", so supervision is discretionary. And the Committee is expected to work through State and district machinery rather than its own, which is why the district body's reporting duty under rule 4(5) matters.

Rule 15: penalties, and what they actually are

The heading says penalties; the content is cost recovery and self-help.

15(1). If an order is not complied with, the District Level Committee or the State Biotechnology Coordination Committee may take measures at the expense of the person who is responsible.

15(2). Where immediate intervention is required to prevent damage to the environment, nature or health, either committee may take the necessary steps without issuing any orders or notice, the expenses being repayable by the person responsible.

15(3). Either committee may take samples for a more detailed examination of organisms and cells.

15(4). Either committee is competent to ask for assistance from any other Government authority to carry out its instructions.

Where the real penalty is. Not in rule 15. The Rules are made under sections 6, 8 and 25 of the Environment (Protection) Act 1986, and section 15 of that Act supplies the punishment for contravening its provisions or the rules made under it. Section 16 of that Act deals with offences by companies and section 17 with offences by Government departments.