UTTAR PRADESH POLLUTION CONTROL BOARD (CONDITIONS OF SERVICE OF CHAIRMAN AND MEMBER-SECRETARY) RULES, 2021

PREAMBLE

In exercise of the powers under Section 64 of the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974) and Section 54 of the Air (Prevention and Control of Pollution) Act, 1981 (Act 14 of 1981), the Governor is pleased to make the following rules with a view to regulate the terms and conditions of service of the Chairman and Member-Secretary of the Uttar Pradesh Pollution Control Board.

CHAPTER I

Rule- 1. Short title and commencement.

(1)     These rules may be called the Uttar Pradesh Pollution Control Board (Conditions of Service of Chairman and Member-Secretary) Rules, 2021.

(2)     They shall come into force with effect from the date of their publication in the Gazette.

Rule- 2. Definitions.

In these rules, unless there is anything repugnant in the subject or context--

(a)      "Act" means the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);

(b)      "Appointing authority" in relation to the post of Chairman and Member Secretary shall be the Governor of Uttar Pradesh;

(c)      "Board" means the Uttar Pradesh Pollution Control Board;

(d)      "Chairman" means the Chairman of the Board;

(e)      "Citizen of India" means a person who is or is deemed to be a citizen of India under Part II of the Constitution;

(f)       "Constitution" means the Constitution of India;

(g)      "Government" means the Government of Uttar Pradesh;

(h)     "Member-Secretary" means the Member-Secretary of the Board.

CHAPTER II

TERMS AND CONDITIOS, ETC. FOR THE POST OF CHAIRMAN

Rule- 3. Age of Chairman.

The maximum age limit for nomination as Chairman shall not be exceeding fifty six (56) years as on the last date for the receipt of applications.

Rule- 4. Essential Qualification for the post of Chairman.

(1)     No person shall be eligible for being selected for nomination as the Chairman unless,--

(a)      he possesses Master's Degree in Science relating to environment or Bachelor's Degree in Engineering in a discipline relating to Environment from a recognized University or Institute and has special knowledge and fifteen years practical experience relating to the environment protection, including industrial pollution mitigation, water treatment or air pollution control devices and has rendered twenty five years of service; or

(b)      he is an officer under the Central Government or State Government or public sector undertaking or a University autonomous body or statutory body, and--

(i)       holds an analogous post on regular basis in the parent cadre or department; or

(ii)      has three years of regular service in the grade rendered after appointment thereto on regular basis in Level 14 of 7th Pay Commission Scale in the parent cadre or department; and

(iii)     possesses the qualifications and experience specified in clause (a); or

(c)      is or has been in All India Service holding the post in the rank of Level 15 of the 7th Pay Commission Scale on regular basis, or having 3 years of regular service in Level 14 of 7th Pay Commission Scale in the parent cadre or department and possesses a Degree in Science or Engineering and has knowledge and experience of at least three years in areas related to environment protection. For State Government employee further clarification can be issued by State Government.

Explanation.-

(1)     For the purposes of this sub-rule, a doctor's degree in environmental management from a recognized university or institute and excellent record of peer reviewed research publications and experience of organizing environment related training programmes for service personnel shall be desirable qualification but not mandatory.

(2)     An officer working under the Central Government or a State Government or a public sector undertaking or a University or an autonomous body or statutory body selected for nomination as the Chairman under clause (a) of sub-section (2) of Section 4 of the Act, shall be considered for nomination as the Chairman on deputation basis.

(3)     For the purpose of sub-rule (2), the period of deputation including period of deputation in another ex-cadre post held immediately preceding this appointment in the same or some other organisation under the Ministry or Department of the Central or State Government shall not ordinarily exceed three years.

(4)     The person to be nominated as Chairman shall be of outstanding merit and impeccable integrity with no possibility of conflict of interest between his earlier employment and in holding the charge of the post of Chairman.

Rule- 5. Procedure for nomination of Chairman.

(1)     The Chairman may be either full-time or part-time as the State Government may think fit.

(2)     In case of part time Chairman, the Department of Environment, Forests and Climate Change, Government of Uttar Pradesh may suggest eligible candidate to the Hon'ble Chief Minister who shall nominate the part-time Chairman.

(3)     The full-time Chairman may be nominated by the Hon'ble Chief Minister on the recommendation of the search-cum-selection Committee which shall select a panel (maximum three) from the eligible candidates.

(4)     The search-cum-selection committee for the recommendation of the full-time Chairman shall consist of the following members--

(5)     The full-time Chairman shall be nominated for a maximum period of three years.

(6)     The functioning/working of part-time Chairman shall be reviewed by the Government on yearly basis and in case of being found satisfactory, the Government may extend the term of part-time Chairman but in no case his the overall tenure shall exceed three years.

(7)     The Chairman may be removed by the Government at any time, after giving him a reasonable opportunity of showing cause against the same.

Rule- 6. Scale of pay and allowances of Chairman.

(1)     The Chairman shall receive pay of level 15 in the pay matrix of the 7th Pay Commission.

(2)     The part-time Chairman shall not be entitled to the above pay. He shall be entitled to allowance/honorarium as may be fixed by the Government.

Rule- 7. Terms and conditions of service of Chairman.

(1)     The Chairman shall be entitled to city compensatory allowance and accommodation:

Provided that if the Chairman has not been allotted the accommodation, he shall be entitled to get the house rent allowance as per the rules/regulations of the Government.

(2)     The Chairman shall be entitled to the travelling allowance and daily allowance in respect of journeys undertaken in connection with his official duties, at the rates permissible as per the rules/regulations of the Government.

(3)     The other conditions of service of the Chairman in the matters of allowances, leave, joining time, joining time pay shall be permissible in accordance with the rules/regulations of the Government.

CHAPTER III

TERMS AND CONDITIONS, ETC. FOR THE POST OF MEMBER-SECRETARY

Rule- 8. Age of Member-Secretary.

The maximum age limit of appointment by deputation shall not be exceeding fifty six (56) years as on the closing date of the receipt of applications, provided candidate fulfills the other eligibility conditions for the post.

Rule- 9. Essential Qualification for the appointment of Member-Secretary.

Officers of the Central Government or State Government or Public Sector Undertaking or University or Government Research Institution or Autonomous or Statutory Body--

(a)      (i) holding analogous post on regular basis in the parent cadre or Department; or

(ii) With two years service in the grade rendered after appointment thereto on regular basis in the Level 13 of the Pay Matrix of the 7th Pay Commission or officers with eight years service in the grade rendered after appointment thereto on regular basis in the Level 12 of the Pay Matrix of the 7th Pay Commission or equivalent in the parent cadre or Department; and

(b)      Possessing the following qualification and experience--

(i)       Master's Degree in Science relating to environment or Bachelor's Degree in Engineering in a discipline relating to Environment from a recognized University or Institute and has special knowledge and fifteen years practical experience relating to the environment protection, including industrial pollution mitigation, water treatment or air pollution control devices and has rendered twenty five years of service; or

(ii)      Twelve (12) years experience in the regular Group 'A' posts, not below the rank and pay scale of Level II of the Pay Matrix of the 7th Pay Commission in Government Department or Institution or Central Public Sector Undertaking or University or Government Research Institution or Autonomous or Statutory body at the administrative or managerial level with practical experience in matters relating to scientific, engineering or management aspects of any of the fields related to environmental management and pollution control.

Explanation: Ph.D. in Science relating to Environment or M.Tech. in Engineering in a discipline related to Environment from a recognized Institute or University or Equivalent shall be desirable but not mandatory.

Rule- 10. Procedure for appointment of Member-Secretary.

(1)     The Member-Secretary may be appointed by the Hon'ble Chief Minister on the recommendations from the panel of eligible candidates selected by the search-cum-selection committee.

(2)     The search-cum-selection committee shall consist of the following members--

Provided that if the search-cum-selection Committee so constituted under this sub-rule does not include persons each belonging to Scheduled Castes, Scheduled Tribes and Backward Classes then an officer not below the rank of Principal Secretary to the Government belonging to such castes/tribes and classes as are not represented in the search-cum-selection Committee shall be nominated by the Government as additional Member.

(3)     Period of deputation including period of deputation in another ex-cadre post held immediately preceding this appointment in the same or some other Organization or Department or the Central or State Government shall ordinarily not exceed three years.

Rule- 11. Scale of pay and honorarium of Member-Secretary.

The Member-Secretary shall receive pay in the pay scale of level 13A in the Pay Matrix of the 7th Pay Commission.

Rule- 12. Terms and conditions of service of Member-Secretary.

(1)     The Member-Secretary shall be entitled to city compensatory allowance and accommodation:

Provided that the Member-Secretary has not been allotted the accommodation he shall be entitled to get the house rent allowance as per the rules/regulations of the Government.

(2)     The Member-Secretary shall be entitled to the travelling allowance and daily allowance in respect of journeys undertaken in connection with his official duties, at the rates permissible as per the rules/regulations of the Government.

(3)     The other conditions of service of the Member Secretary in the matters of allowances, leave, joining time pay, provident fund, gratuity, age of superannuation, retirement benefits shall be permissible in accordance with the rules/regulations of the Government.

Rule- 13. Power to relax rules.

(1)     Where the State Government is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons or posts in a manner that it is not inconsistent with the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981.

(2)     Any matter not specifically covered under these rules, shall be referred to the State Government and the orders of the State Government with respect thereto shall be final.

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UTTAR PRADESH POLLUTION CONTROL BOARD (CONDITIONS OF SERVICE OF CHAIRMAN AND MEMBER-SECRETARY) RULES, 2021

PREAMBLE

In exercise of the powers under Section 64 of the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974) and Section 54 of the Air (Prevention and Control of Pollution) Act, 1981 (Act 14 of 1981), the Governor is pleased to make the following rules with a view to regulate the terms and conditions of service of the Chairman and Member-Secretary of the Uttar Pradesh Pollution Control Board.

CHAPTER I

Rule- 1. Short title and commencement.

(1)     These rules may be called the Uttar Pradesh Pollution Control Board (Conditions of Service of Chairman and Member-Secretary) Rules, 2021.

(2)     They shall come into force with effect from the date of their publication in the Gazette.

Rule- 2. Definitions.

In these rules, unless there is anything repugnant in the subject or context--

(a)      "Act" means the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);

(b)      "Appointing authority" in relation to the post of Chairman and Member Secretary shall be the Governor of Uttar Pradesh;

(c)      "Board" means the Uttar Pradesh Pollution Control Board;

(d)      "Chairman" means the Chairman of the Board;

(e)      "Citizen of India" means a person who is or is deemed to be a citizen of India under Part II of the Constitution;

(f)       "Constitution" means the Constitution of India;

(g)      "Government" means the Government of Uttar Pradesh;

(h)     "Member-Secretary" means the Member-Secretary of the Board.

CHAPTER II

TERMS AND CONDITIOS, ETC. FOR THE POST OF CHAIRMAN

Rule- 3. Age of Chairman.

The maximum age limit for nomination as Chairman shall not be exceeding fifty six (56) years as on the last date for the receipt of applications.

Rule- 4. Essential Qualification for the post of Chairman.

(1)     No person shall be eligible for being selected for nomination as the Chairman unless,--

(a)      he possesses Master's Degree in Science relating to environment or Bachelor's Degree in Engineering in a discipline relating to Environment from a recognized University or Institute and has special knowledge and fifteen years practical experience relating to the environment protection, including industrial pollution mitigation, water treatment or air pollution control devices and has rendered twenty five years of service; or

(b)      he is an officer under the Central Government or State Government or public sector undertaking or a University autonomous body or statutory body, and--

(i)       holds an analogous post on regular basis in the parent cadre or department; or

(ii)      has three years of regular service in the grade rendered after appointment thereto on regular basis in Level 14 of 7th Pay Commission Scale in the parent cadre or department; and

(iii)     possesses the qualifications and experience specified in clause (a); or

(c)      is or has been in All India Service holding the post in the rank of Level 15 of the 7th Pay Commission Scale on regular basis, or having 3 years of regular service in Level 14 of 7th Pay Commission Scale in the parent cadre or department and possesses a Degree in Science or Engineering and has knowledge and experience of at least three years in areas related to environment protection. For State Government employee further clarification can be issued by State Government.

Explanation.-

(1)     For the purposes of this sub-rule, a doctor's degree in environmental management from a recognized university or institute and excellent record of peer reviewed research publications and experience of organizing environment related training programmes for service personnel shall be desirable qualification but not mandatory.

(2)     An officer working under the Central Government or a State Government or a public sector undertaking or a University or an autonomous body or statutory body selected for nomination as the Chairman under clause (a) of sub-section (2) of Section 4 of the Act, shall be considered for nomination as the Chairman on deputation basis.

(3)     For the purpose of sub-rule (2), the period of deputation including period of deputation in another ex-cadre post held immediately preceding this appointment in the same or some other organisation under the Ministry or Department of the Central or State Government shall not ordinarily exceed three years.

(4)     The person to be nominated as Chairman shall be of outstanding merit and impeccable integrity with no possibility of conflict of interest between his earlier employment and in holding the charge of the post of Chairman.

Rule- 5. Procedure for nomination of Chairman.

(1)     The Chairman may be either full-time or part-time as the State Government may think fit.

(2)     In case of part time Chairman, the Department of Environment, Forests and Climate Change, Government of Uttar Pradesh may suggest eligible candidate to the Hon'ble Chief Minister who shall nominate the part-time Chairman.

(3)     The full-time Chairman may be nominated by the Hon'ble Chief Minister on the recommendation of the search-cum-selection Committee which shall select a panel (maximum three) from the eligible candidates.

(4)     The search-cum-selection committee for the recommendation of the full-time Chairman shall consist of the following members--

(5)     The full-time Chairman shall be nominated for a maximum period of three years.

(6)     The functioning/working of part-time Chairman shall be reviewed by the Government on yearly basis and in case of being found satisfactory, the Government may extend the term of part-time Chairman but in no case his the overall tenure shall exceed three years.

(7)     The Chairman may be removed by the Government at any time, after giving him a reasonable opportunity of showing cause against the same.

Rule- 6. Scale of pay and allowances of Chairman.

(1)     The Chairman shall receive pay of level 15 in the pay matrix of the 7th Pay Commission.

(2)     The part-time Chairman shall not be entitled to the above pay. He shall be entitled to allowance/honorarium as may be fixed by the Government.

Rule- 7. Terms and conditions of service of Chairman.

(1)     The Chairman shall be entitled to city compensatory allowance and accommodation:

Provided that if the Chairman has not been allotted the accommodation, he shall be entitled to get the house rent allowance as per the rules/regulations of the Government.

(2)     The Chairman shall be entitled to the travelling allowance and daily allowance in respect of journeys undertaken in connection with his official duties, at the rates permissible as per the rules/regulations of the Government.

(3)     The other conditions of service of the Chairman in the matters of allowances, leave, joining time, joining time pay shall be permissible in accordance with the rules/regulations of the Government.

CHAPTER III

TERMS AND CONDITIONS, ETC. FOR THE POST OF MEMBER-SECRETARY

Rule- 8. Age of Member-Secretary.

The maximum age limit of appointment by deputation shall not be exceeding fifty six (56) years as on the closing date of the receipt of applications, provided candidate fulfills the other eligibility conditions for the post.

Rule- 9. Essential Qualification for the appointment of Member-Secretary.

Officers of the Central Government or State Government or Public Sector Undertaking or University or Government Research Institution or Autonomous or Statutory Body--

(a)      (i) holding analogous post on regular basis in the parent cadre or Department; or

(ii) With two years service in the grade rendered after appointment thereto on regular basis in the Level 13 of the Pay Matrix of the 7th Pay Commission or officers with eight years service in the grade rendered after appointment thereto on regular basis in the Level 12 of the Pay Matrix of the 7th Pay Commission or equivalent in the parent cadre or Department; and

(b)      Possessing the following qualification and experience--

(i)       Master's Degree in Science relating to environment or Bachelor's Degree in Engineering in a discipline relating to Environment from a recognized University or Institute and has special knowledge and fifteen years practical experience relating to the environment protection, including industrial pollution mitigation, water treatment or air pollution control devices and has rendered twenty five years of service; or

(ii)      Twelve (12) years experience in the regular Group 'A' posts, not below the rank and pay scale of Level II of the Pay Matrix of the 7th Pay Commission in Government Department or Institution or Central Public Sector Undertaking or University or Government Research Institution or Autonomous or Statutory body at the administrative or managerial level with practical experience in matters relating to scientific, engineering or management aspects of any of the fields related to environmental management and pollution control.

Explanation: Ph.D. in Science relating to Environment or M.Tech. in Engineering in a discipline related to Environment from a recognized Institute or University or Equivalent shall be desirable but not mandatory.

Rule- 10. Procedure for appointment of Member-Secretary.

(1)     The Member-Secretary may be appointed by the Hon'ble Chief Minister on the recommendations from the panel of eligible candidates selected by the search-cum-selection committee.

(2)     The search-cum-selection committee shall consist of the following members--

Provided that if the search-cum-selection Committee so constituted under this sub-rule does not include persons each belonging to Scheduled Castes, Scheduled Tribes and Backward Classes then an officer not below the rank of Principal Secretary to the Government belonging to such castes/tribes and classes as are not represented in the search-cum-selection Committee shall be nominated by the Government as additional Member.

(3)     Period of deputation including period of deputation in another ex-cadre post held immediately preceding this appointment in the same or some other Organization or Department or the Central or State Government shall ordinarily not exceed three years.

Rule- 11. Scale of pay and honorarium of Member-Secretary.

The Member-Secretary shall receive pay in the pay scale of level 13A in the Pay Matrix of the 7th Pay Commission.

Rule- 12. Terms and conditions of service of Member-Secretary.

(1)     The Member-Secretary shall be entitled to city compensatory allowance and accommodation:

Provided that the Member-Secretary has not been allotted the accommodation he shall be entitled to get the house rent allowance as per the rules/regulations of the Government.

(2)     The Member-Secretary shall be entitled to the travelling allowance and daily allowance in respect of journeys undertaken in connection with his official duties, at the rates permissible as per the rules/regulations of the Government.

(3)     The other conditions of service of the Member Secretary in the matters of allowances, leave, joining time pay, provident fund, gratuity, age of superannuation, retirement benefits shall be permissible in accordance with the rules/regulations of the Government.

Rule- 13. Power to relax rules.

(1)     Where the State Government is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons or posts in a manner that it is not inconsistent with the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981.

(2)     Any matter not specifically covered under these rules, shall be referred to the State Government and the orders of the State Government with respect thereto shall be final.