Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-02012025-259846
EXTRAORDINARY
PART II-Section 3-Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 5227]
NEW DELHI, TUESDAY, DECEMBER 31, 2024/PAUSHA 10, 1946
8495GI/2024
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
NOTIFICATION
New Delhi, the 31st December, 2024
(To be notified under the EP Act, 1986)
S.O. 5647 (E)—Whereas, the Central Government proposes to issue following amendment in the
Manufacture, Use, Import, Export and Storage of Hazardous Micro-Organisms/ Genetically Engineered
Organisms or Cells Rules, 1989 in exercise of the power conferred by sections 6, 8 and 25 of the
Environment (Protection) Act, 1986 (29 of 1986). Accordingly, the draft amendment notification is hereby
published for the information of public likely to be affected thereby and notice is hereby given that the said
draft amendment shall be taken into consideration on or after the expiry of a period of sixty days from the
date on which copies of the gazette containing this amendment notification are made available to the
public;
Any person interested in making any objections or suggestions on the proposal contained in the
draft amendment notification may forward the same in writing for consideration of the Central Government
within the period so specified to the Secretary, Ministry of Environment, Forest and Climate Change, Indira
Paryavaran Bhawan, Jor Bagh road, New Delhi 110003, and may be sent to e-mail id:
geac.secretariat@gov.in on or before sixty days after the publication of this notification.
Draft Notification
WHEREAS, the Central Government vide G.S.R.1037(E) dated 05.12.1989 issued Rules for the
Manufacture, Use, Import, Export and Storage of Hazardous Micro-Organisms/ Genetically Engineered
Organisms or Cells Rules, 1989 with a view to protect the environment, nature and health, in connection
with the application of gene technology and micro-organism.
AND WHEREAS, judgement in Writ Petition No. 115 of 2004 titled as "Gene Campaign & Anr. Vs. UOI
& Ors." and its connected matters collectively relating to environmental release of Genetically Modified
Organisms(GMOs), was pronounced by the Hon'ble Supreme Court of India on 23.07.2024.
AND WHEREAS, the Hon'ble Supreme Court in the consensus part of order dated 23.07.2024 in WP(C)
No. 115 of 2004 titled as "Gene Campaign & Anr Vs. Union of India" and its connected matters has
directed that Union of India must ensure that all credentials and past records of any expert who participates
in the decision-making process should be scrupulously verified and conflict of interest, if any, should be
declared and suitably mitigated by ensuring representation to wide range of interests. Rules on this regard
may be formulated having a statutory force.
NOW, THEREFORE, in exercise of the powers conferred by sections 6, 8 and 25 of the Environment
(Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following further
amendments in Manufacture, Use, Import, Export and Storage of Hazardous Micro-Organisms/ Genetically
Engineered Organisms or Cells Rules, 1989. These rules shall be called as the Manufacture, Use, Import,
Export and Storage of Hazardous Micro-Organisms/ Genetically Engineered Organisms or Cells
(Amendment) Rules, 2024 and shall come into force from the date of its publication in official gazette :-
In the said rules :-
1. In rule (3), after sub-rule (v) following shall be inserted :-
(vi) "Conflict of interest” means any personal interest or association of a Member, which is likely
to influence the decision of the Committee in a matter, as viewed by an independent third party.
2. After rule 4 the following shall be inserted :-
4(A) Code On Conflict Of Interest For Expert Members
The Expert member of the committees, as specified at Rule 4, whoparticipate in any
decision making process, shall abide by the code onconflict of interest as specified in schedule II.
3. Wherever the word 'Schedule' is mentioned in principal notification, it shall be read as Schedule-I.
4. Schedule-II shall be inserted, after the Schedule-I.
SCHEDULE-II
[See Rule 4(A)]
CODE ON CONFLICT OF INTEREST FOR EXPERT MEMBER(S) OF THE
COMMITTEES SPECIFIED IN RULE 4A
A. General Principles
1. Expert member shall disclose his/her interest, which may conflict with his/her duties.
2. Further, the Expert member shall take all steps necessary to ensure that any conflict of interest to
which he/she may be subject to, does not affect any decision of the Committee.
B. Conflict in respect of agenda
1. An Expert member, who has any direct or indirect association with an Agenda coming up for
consideration in the meeting of the Committee, shall disclose the nature of their interest prior to the
meeting.
2. An Expert member shall not participate in any deliberation or discussion of the committee
regarding such matters, except to provide professional advice if specifically requested by the
Committee.
C.
Procedure for managing the conflict
1. Every Expert Member shall immediately after his/her appointment as an Expert Member in the
Committee, submit a declaration in Form-I of this schedule.
2. The declaration submitted in Form-I will be retained in the records of the concerned Committee.
3. Expert Member shall disclose a conflict of interest at the earliest possible opportunity in Form-II to
the Chairman of the concerned Committee.
4. Expert Member shall seek determination from the Chairman of the concerned Committee, if he/she
has doubt whether there is a
of interest or not,
conflict
through the Member Secretary/Convenor of the Committee.
5. In case Chairman of the Committee determines that conflict of interest has arisen in respect of
participation of an expert member in a particular agenda item, he may allow such Expert Member
to recuse from that particular agenda item.
Form-I
Declaration at the time of Appointment as Expert Member of the committee
1. I, hereby submit that in the last 10 years, I have worked in the below mentioned
institutions/organizations:
+---------+--------------------------+-----------+-----------+
| Sr. No. | Name of the | From Date | Upto |
| | institution/organization | | |
+---------+--------------------------+-----------+-----------+
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
+---------+--------------------------+-----------+-----------+
2. I hereby undertake that I will provide impartial and objective decisions, drawing solely from
my professional expertise.
I hereby undertake that, if a conflict arises during my tenure, I will immediately inform
the Chairperson of the committee and refrain from participating in the decision-making
process related to the concerned matter.
Name:
Designation:
Institutional Affiliation:
Date:
Place:
Signature
Form-II
Declaration Form for any conflict of Interest
I hereby state that, I have the following conflict of interest in respect of agenda item
1. ...........
2. ...........
3. ...........
In light of the above-mentioned conflict of interest, I may be allowed to recuse myself
from the meeting.
Name:
Designation:
Institutional Affiliation:
Date:
Place:
Signature
[F. No. C-12015/3/2022-CS-III]
RAGHU KUMAR KODALI, Scientist 'G'
Note - The Manufacture, Use, Import, Export and Storage of Hazardous Micro-Organisms/ Genetically
Engineered Organisms or Cells Rules, 1989 were published in the Gazette of India, Extraordinary, vide
number G.S.R. 1037(E), dated the 5th December, 1989, which came into force vide notification number
S.O. 677(E), dated 13th September, 1993, and subsequently were amended vide notification numbers
G.S.R. 493(E), dated the 14th July, 2005, G.S.R. 616 (E), dated the 20th September, 2006, S.O. 1519(E),
dated 23-8-2007, S.O. 411(E), dated 25-2-2008, S.O. 2519(E), dated 3-10-2008, S.O. 800(E), dated 17-3-
2009, S.O. 2884(E), dated 9-11-2009, S.O. 828(E), dated 5-4-2010, S.O. 2478(E), dated 4-10-2010, G.S.R.
613(E), dated the 16th July, 2010, G.S.R. 1(E), dated the 23rd December, 2010, S.O. 2312(E), dated 30-9-
2011, S.O.2303(E), dated 26-9-2012, S.O.953(E), dated 05-4-2013, S.O. 3113(E), dated 14-10-2013, S.O.
999(E), dated 01-4-2014, S.O. 2634(E), dated 09.10.2014, S.O. 940(E), dated 26-3-2015
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
GORAKHA NATH YADAVA Digitally signed by GORAKHA NATH YADAVA
Date: 2025.01.02 15:37:06+05'30'