[18th
December 2024] In exercise of the powers
conferred by clause (a) and (e) of sub-section(2) and sub-section (1) read with
clause (p) of sub-section (2) of section 64 of the Water (Prevention and
Control of Pollution) Act, 1974 (6 of 1974), the State Government after
consultation with the Karnataka State Pollution Control Board and in
supersession of the guidelines issued in State Government vide Order No: FEE
231 EPC 2017, dated 31.08.2023 read with Corrigendum No: FEE 11 EPC 2024,
dated:17.08.2024, hereby makes the following rules, namely:- (1)
These rules may be called the Karnataka State
Pollution Control Board (Manner of Nomination and other Terms and Conditions of
Service of Chairman and Members and appointment of Member Secretary) Rules,
2024. (2)
They shall come into force on the date of
their publications in the Official Gazette. (1)
In these rules unless the context otherwise
requires:- (a)
"Act" means the Water (Prevention
and Control of Pollution) Act, 1974 (Central Act 6 of 1974; (b)
"Chairman" means the Chairman of
the Karnataka State Pollution Control Board; (c)
"Central Government" means the
Government of India; (d)
"Member" means the Member of the
State Board and includes the Chairman thereof; (e)
"Member-Secretary" means the
Member-Secretary of State Board; (f)
"Selection Committee" means the
Search-cum-Selection Committee constituted under rule 3; (g)
"State Board" means the Karnataka
State Pollution Control Board constituted under section 4 of the Act; and (h)
"State Government" means the
Government of Karnataka. (2)
The words and expressions used and not
defined in these rules but defined in the Act made thereunder, shall have the
same meanings respectively assigned to them in the Act. (1)
The nomination of the Chairman shall be made
by the State Government on the recommendations of a Selection Committee
consisting of the following members, namely:- i) The Chief Secretary to State Government; -Ex officio Chairperson ii) The Additional Chief Secretary or the Principal
Secretary or the Secretary to State Government. Department of Personnel and
Administrative Reforms; - Ex-Officio Member iii) a representative of the Central Government in the
Ministry of Environment, Forest and Climate Change not below the rank of
Director to the Government of India; - Ex-Officio Member iv) an expert in the field of environment to be nominated
by the State Government; and -Member v) The Additional Chief Secretary or the Principal
Secretary or the Secretary to State Government, Department of Forest, Ecology
and Environment (Ecology and Environment). Ex-officio Member Secretary (2)
No selection of Chairman shall be invalid
merely by reason of any vacancy or absence in the committee. (3)
The State Government shall, within one month
from the date of occurrence of any vacancy by reason of death, resignation or
removal and six months before any anticipated vacancy, make a reference to the
Selection Committee for filling up of the post. (4)
The Selection Committee shall determine its
procedure for making its recommendations. (5)
The Selection Committee shall make its
recommendations and submit a panel of three suitable persons in alphabetical
order to the State Government. (6)
The Selection Committee shall after inviting
the applications from the candidates having special knowledge or practical
experience as specified in section 4 of the Act through open advertisement
published in at least three national newspapers, one of which shall be in
Kannada language, recommend a panel of three persons for selection to the post
of Chairman, within three months from the date on which the reference is made
to the Committee. (7)
The State Government may nominate the
Chairman from amongst the panel of persons recommended by the Selection
Committee. (8)
Before recommending any person for
appointment as a Chairman, the Selection Committee shall satisfy itself that
such person does not have any financial or other interests, which is likely to
affect prejudicially his functions as a Chairman. (9)
Any person holding the office of the Chairman
on the date of commencement of these rules shall continue to hold such office
till expiry of his term. (10)
The Selection Committee shall consider the
candidates having special knowledge or practical experience in respect of
matters relating to environmental protection or a person having knowledge and
experience in administering institutions dealing with the matters aforesaid,
and make recommendation to the state Government accordingly. The Chairman shall be
entitled to receive a pay and other allowances as admissible to a Central
Government officer holding a Group A post carrying Pay in Level-17 in the pay
matrix of the Seventh Central Pay Commission and changeable from time to time. (1)
The Chairman shall be a person who shall not
have any financial or other interests as are likely to affect prejudicially his
functions as a Chairman of the State Board. (2)
In case of a person as a Chairman, who
retired from service under the Central Government or the State Government and
he receives pension, if applicable, his pay as Chairman shall be reduced by
gross amount of pension received by him. (3)
The Chairman ceasing to hold that office
shall be ineligible for employment under the Central Government or any State
Government for a period of two years from the date he ceases to hold such
office. (4)
The Chairman shall not, for a period of two
years from the date on which he ceases to hold office, accept any employment,
except in the field of academics. (5)
If the Chairman is not able to perform his
duties temporarily due to illness, leave or such other causes, the State
Government may assign the charge of Chairman to any member nominated under
clause (b) of sub-section (2) of section 4 of the Act. (6)
Any vacancy caused by resignation, removal or
otherwise of the Chairman shall be filled by fresh nomination in accordance
with these rules. However, till such period, the Additional Chief Secretary of
the Forest, Ecology and Environment Department or the Principal Secretary to
Government Forest, Ecology and Environment Department (Ecology and Environment)
or any other suitable officer of Additional Chief Secretary Rank in the State
Government shall be the Chairman of the Board for the remaining period not exceeding
six months. (7)
If remaining period is more than six months,
such pro-tem arrangement shall be continued until a new Chairman duly nominated
by the State Government enters upon the office, for reasons to be recorded in
writing. (8)
The other conditions of service of a Chairman
with respect to which no express provision has been made in these rules, shall
be such as are admissible to a Central Government officer holding a Group A
post carrying Pay in Level-17 in the pay matrix of the Seventh Central Pay Commission. No person- (a)
who has entered into or contracted a marriage
with a person having a spouse living, or (b)
having a spouse living, has entered into or
contracted a marriage with any person, shall be eligible for appointment to the
said post: Provided that the State
Government may, if satisfied that such marriage is permissible under the
personal law applicable to such person and the other party to the marriage and
that there are other grounds for so doing exempt any person from carrying out
this rule. (1)
The Chairman shall hold office for a term not
exceeding three years from the date on which he enters upon office or until he
attains the age of sixtyfive years, whichever is earlier. (2)
Any person nominated as Chairman shall be
eligible for nomination as Chairman for another term in accordance with these
rules, subject to maximum age of sixty-five years. (1)
The State Government may, remove from office
the Chairman on the following grounds of misconduct or incapacity, who has, (a)
been adjudged as an insolvent, or (b)
been convicted of an offence which, in the
opinion of the State Government, involves moral turpitude; or (c)
become physically or mentally incapable of
acting as the chairman, or (d)
acquired such financial or other interest as
is likely to affect prejudicially his functions as the chairman; or (e)
so abused his position as to render his
continuance in office prejudicial to the public. (2)
The Chairman shall not be removed under clauses
(b) to (e) of sub-rule (1), unless he has been given a reasonable opportunity
of being heard in the matter. The State Government shall
depute an officer belonging to All India Service of Senior or Super time Scale
to the post of Member Secretary having degree in engineering or a Masters
degree in science or an equivalent degree or allied sciences from an University
established by law or recognized Institute, with prior experience in dealing
with matters connected to pollution control. (1)
The State Government shall nominate the
members to the State Board who represent or possess special knowledge,
practical experience and a bachelor degree in Agriculture, Fishery, Forestry,
Industry, Trade, Engineering or any other subject related to Natural Resource
Management and Control of Pollution in the following manner: (i)
Five officials of such departments of the
State Government as notified by the Government from time to time dealing with issues
directly related to control of pollution and other environment related issues
such as Setting up and Management of Industries. Transport, Waste Management,
Health of the general public, Coordinating policy issues related to pollution
control and environment protection to represent the State Government, (ii)
Five persons representing the members of the
Local Authorities in the State. The representation shall be from cities on the
basis of total population and facing challenges related to industrialization,
sewage treatment, solid waste management and such other environmental related
issues, Representation shall also be provided to the Panchayath Raj
Institutions dealing with Environment related issues in the rural areas of the
State. While providing representation to the Panchayath Raj Institutions care
shall be taken to see that all the District or Region get represented in
rotation periodically, and (iii)
Two persons to represent the companies or
corporations owned, controlled or managed by the State Government dealing with
supply of water, waste water treatment, solid waste management and air
emissions. While nominating such persons care shall also be considered the
representation of services in both urban and rural areas, (2)
The State Government shall nominate three
Non-Official members to represent the interest of Agriculture, Fisheries or
Industry or Trade or any other interest which, in the opinion of the State
Government ought to be represented. Subject to provisions of the
Act and these rules, the State Government may issue Standard Operating
Procedures for smooth implementation of these rules, if required.Karnataka State Pollution Control Board (Manner Of Nomination And Other
Terms And Conditions Of Service Of Chairman And Members And Appointment Of
Member Secretary) Rules, 2024
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