Guidelines for Nomination, Terms and Conditions of Service of Chairman, Members and Appointment of Member Secretary of Karnataka State Pollution Control Board

(cid:315)ಶೇಷ ರರಾಜಯ್ ಪತಿತಿರ್ರ್ಕೆ ¨sÁUÀ – 1 ಬೆಂಗಳೂರು, ಶುುಕರ್ವಾರ,19, ಜೂೂನ್, 2020( ಜೆಯ್ೕೕಷಠ್ ,29, ಶಕವಷ೵೵, ೧೯೪2) ನಂ. 2113 Part – I Beengaluru, FRIDAAY, 19, JUNE,22020( Jyestha,229, ShakaVarssha, 1942) No. 2113 Procceedings of the Governmeent of Kaarnataka

Subbject: NNomination for thee post of Chairmann, Membeers and aappointment of Meember Seccretary to Karnatakka State PPollution CControl Booard underr the Water (Preventiion and Control off Pollutionn) Act, 19974 (6 of 1974) – iissue of guidelines –reg.

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Preamble:

The Central GGovernmennt has enaacted the WWater (Preevention and Controol of PPollution) Act, 1974 (6 of 19744) to provvide for thee preventioon and coontrol of wwater ppollution aand maintaiining or resstoring of wwholesomenness, and foor establishhment of booards ffor the prevention annd control oof water poollution, andd for confeerring on annd assigninng to ssuch boardds powers aand functionns relating thereto andd for matterrs connected there witth.

Sectiion 4 of the Water (PPrevention aand Controol of Polluttion) Act, 11974 (6 of 11974) pprovides foor constituttion of Statee Boards byy the State Governmeent along wwith nominaation tto the post of Chairmaan, Memberrs and appoointment off Member SSecretary.

Sub section 2 ((a) of sectioon 4 providdes for nommination of a person having special kknowledgee or practiical experiience in reespect of matters reelating to Environmeental PProtection or a persoon having knowledgee and expeerience in aadministeriing instituttions dealing witth the matteers aforesaiid as Chairman of the State Polluution Control Board byy the SState Goverrnment.

Sectiion 5 of the Water (PPrevention aand Controol of Polluttion) Act, 11974 (6 of 11974) pprovide forr Terms andd Conditionn of servicee of Membeers includinng Chairmann.

The Hon’ble Suupreme Couurt of Indiaa vide Ordeer dated 22nnd Septembber 2017 in CCivil AAppeal Noo. 1359/2017 (Techi Taagi Tara verrsus Rajenddra Singh BBhandari annd others) hhave

(1)2 directed all the State Governments to frame appropriate guidelines or recruitment rules within 6 months considering the institutional requirement of the State Pollution Control Board and the law laid down by the Hon’ble Supreme Court. The Hon’ble Supreme Court has also emphasized that the persons who hold these institutions should have a sense of vision and expertise to implement various laws relating to pollution. Various Committees like i) The Bhattacharia Committee, 1984; ii) The Belliappa Committee, 1990; iii) The ASCI Study, 1994 and iv) Study of the Sub Group, 1994, have all emphasized the need for the State Government to appoint persons whose expertise could be utilized in preserving and protecting the environment including air and water.

In view of the facts and circumstances stated in the preamble, the State Government hereby issues guidelines in accordance with the directions of the Hon’ble Supreme Court of India.

Hence the Order.

Government Order No. FEE 230 EPC 2017, Bengaluru

Dated:19.06.2020.

In view of the facts and circumstances narrated in the preamble, the State Government is pleased to issue the “Guidelines for nomination, Terms and Conditions of service of Chairman, Members and appointment of Member Secretary of the Karnataka State Pollution Control Board under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974)”, as per annexure to this Government Order with immediate effect.

By Order and in the name of the Governor of Karnataka, (Muralidhar S. Tallikeri) Under Secretary to Government Forest, Ecology and Environment Dept. (Ecology & Environment) ANNEXURE TO GOVERNMENT ORDER NO. FEE 230 EPC 2017,

DATED:19.06.2020 Guidelines for nomination, Terms and Conditions of service of Chairman, Members and appointment of Member Secretary of the Karnataka State Pollution Control Board

1. These guidelines shall come into force on the date of their publication in the Official Gazette.3

2. The State Government shall nominate a person having special knowledge or practical experience in respect of matters relating to environmental protection or a person having knowledge and experience in an institution dealing with the matters aforesaid, as Chairman of the State Board in accordance with the provisions of sub-

section 2 of section 4 of the Water (Prevention and Control of Pollution) Act, 1974, on full time basis, for a period of three years from the date of nomination.

3. No person shall be eligible for being considered for nomination as the Chairman unless he/she: possesses a Master's degree in Environment Science or a Master’s Degree in Environment Engineering or an equivalent degree or allied sciences from a recognized University or institute and has knowledge and experience in areas related to environmental protection or has been a part of administration in a Government Department or Organization or University or Institute dealing with environmental issues (including issues of air and water pollution, waste management, natural resources management and environmental impact assessment)

4. Age limit: The maximum age limit for nomination of chairman shall be, not exceeding 56 years as on the last date for the receipt of applications.

5. The Chairman shall be selected by a Search–cum-Selection Committee consisting of the following, namely a Chief Minister Chairman b Minister for Forest, Ecology & Vice Chairman & Environment Member c Chief Secretary to Government Secretary and Convener of the Committee

6. For the above purpose, three months prior to the expiration of the term of the Chairman, the Department of Forest, Ecology and Environment shall call for applications from interested persons by publishing in two National newspapers (one each in Kannada and English) in the format as stipulated by the Department and shall also publish the same in the Department website.

7. The Search cum selection Committee shall go through all the eligible applications and select suitable candidate after briefly recording the reasons.

8. The State Government shall depute a Member Secretary to the Karnataka State Pollution Control Board, from among the all India Service officers of Senior/Super time Scale.R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19 Licensed to post without prepayment WPP No. 297 4

9. The State Government shall nominate non-official members to the Board who represent or possess special knowledge or practical experience in Agriculture or Fishery or Forestry or Industry or Trade or Engineering or any subject related to Natural Resource Management and Control of Pollution and has practical experience in the aforesaid field.

10. 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 (Ecology and Environment), Forest, Ecology and Environment Department shall be the Chairman of the Board for the remaining period or until a new Chairman is duly nominated by the State Government enters upon the office.

11. Any vacancy caused by the resignation or removal of any non-official Member if the remaining term is more than six months, the Members so appointed shall be for the remaining term. The State Government, however, may opt for not filling the vacancy if it deems fit without assigning any reason.

12. The non-official Members of the Board shall be paid a sitting fee at the rate approved by the Government from time to time.

13. The salary and other emoluments of the Chairman shall be as per the orders of the Department of Public Enterprises, Government of Karnataka from time to time. (Muralidhar S. Tallikeri) Under Secretary to Government Forest, Ecology and Environment Dept.

(Ecology & Environment). ಮುದರ್ಕರು ಹಾಗೂ ಪರ್ಕಾಶಕರು:- ಸಂಕಲನಾಧಿಕಾರಿಗಳು, ಕನಾರ್ಟಕ ರಾಜಯ್ಪತರ್, ಸಕಾರ್ರಿ ಕೇಂದರ್ ಮುದರ್ಣಾಲಯ, ಬೆಂಗಳೂರು