Chairman SPCB rules

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-22072024-255631 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 385] NEW DELHI, FRIDAY, JULY 19, 2024/ASHADHA 28, 1946 Ministry of Environment, Forest and Climate Change NOTIFICATION New Delhi, the 19th July, 2024 G.S.R. 422 (E).—The following draft notification which the Central Government proposes to issue, in exercise of the powers conferred by section 63 (2) (aa) of Water (Prevention and Control of Pollution) Amendment Act, 2024 (5 of 2024), for bringing out rules relating to the appointment and terms and condition of service of Chairman State Pollution Control Boards and Pollution Control Committees, is hereby published for information of the public and other stakeholders likely to be affected. Further, notice is hereby given that the said notification will be taken into consideration by the Central Government on or after the expiry of sixty days from the date on which the draft notification is published in the Gazette of India; Any person interested in making any objection or suggestion on the proposals contained in the draft notification may do so in writing within the period so specified through post to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi-110003 or electronically at email address: [email protected] or [email protected] DRAFT NOTIFICATION No... In exercise of the powers conferred by amended sub-section 4(2) and sub-section 5(9), read with Clause (aa) of the sub-section (2) of the Section 63, of the Water (Prevention and Control of Pollution) Amendment Act, 2024 (5 of 2024) which has been notified on 15.02.2024, the Central Government after consultations with the Central Pollution Control Board (CPCB), hereby makes the following rules to streamline the appointment of Chairman of the State Pollution Control Board (SPCB) of the States and Pollution Control Committee (PCC) of Union Territories, namely: 1.Short title and commencement:- (a) These rules may be called the State Pollution Control Board and Pollution Control Committee (Appointment, Qualifications and Other Terms and Conditions of Service of Chairman), Rules, 2024. (b) They shall come into force on the date of their publications in the Official Gazette. 2. Definitions:- In these rules unless the context otherwise requires: (a) "Act" means the Water (Prevention and Control of Pollution) Amendment Act,2024 as amended from time to time (b) "Chairman" means the Chairman of the SPCB/PCC (c) "PCC" means the Pollution Control Committee of the respective Union Territory (d) "SPCB" means the State Pollution Control Board of respective State (e) State Government/ UT administration means the State Government or Union Territory Administration for which the Chairman of respective SPCB/PCC is under consideration. 3. Appointment of Chairman: – (a) The State Government / UT Administration shall appoint a Chairman of the SPCB / PCC in accordance with the provisions of sub-section 2(a) of Section 4 read with sub-section 5 (9) of the Water (Prevention and Control of Pollution) Act, 1974, as amended. The educational qualifications, criteria and manner of appointment shall be in accordance with these rules. (b) The State/UT administration may appoint an officer of the State Government / UT administration not below the rank of Principal Secretary as the Chairman of the respective SPCB /PCC for a maximum period of six months, in case of unforeseen vacancy. 4. Qualifications: – No person shall be eligible for being considered for appointment as Chairman of the SPCB /PCC unless he: - (a) Possesses a Master's Degree in Science or a Bachelor's Degree in Engineering from a recognized University or Institute; and (b) Has rendered at least twenty (20) years of service under State Government or Central Government or Autonomous bodies or Statutory bodies or Public sector undertakings, including ten (10) years' essential experience in an area related to the environmental protection and has special knowledge in that area; and (c) Has rendered service of at least five (05) years in level-14 or equivalent. OR (i) Has worked as Joint Secretary or above in Government of India for at least three (03) years or as Principal Secretary in a State Government / UT Administration; and (ii) Possesses special knowledge or experience in the field of environment protection or administering institutions dealing in these subjects 5. Age Limit:- The maximum age limit for first appointment on this post shall be sixty-two(62) years as on the date of notification of appointment by State Government / UT Administration. 6. Mode of Recruitment:- (a) Applications for appointment of Chairman shall be invited by the respective Environment Department of State or UT administration through open advertisement and the Chairman shall be recommended by a Selection Committee of the following composition, namely: (i) Chief Secretary of the State / UT -Chairperson (ii) Secretary In-Charge, Department of Environment of the State / UT -Member Secretary (iii) Principal Secretary, Department of Personnel of the State / UT -Member (iv) Nominee of Ministry of Environment, Forest and Climate Change not below the rank of Joint secretary -Member (v) An expert to be nominated by the State Government / UT -Member (b) No appointment of Chairman shall be invalidated merely by reason of any vacancy in the Selection Committee. (c) The State Government / UT Administration shall, within one (01) month from the date of occurrence of any vacancy by reason of death, resignation or removal; and six (06) months before any anticipated vacancy, make a reference to the Selection Committee for filling up of the post. (d) The Selection Committee shall submit a panel of three suitable persons in alphabetical order for the vacancy referred to it and the State Government / UT Administration will appoint Chairman from amongst the panel. (e) In case the incumbent Chairman, as on date of notification of these rules, has been appointed based on some Recruitment Rules/policy framed by State Governments, the above procedure will be applicable after completion of his current tenure. In all other cases, the above procedure shall be adopted within six months from notification of these rules. (f) The Selection Committee shall recommend the panel for selection of the Chairman, within three (03) months from the date on which the reference is made to it. (g) 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. 7.Pay, allowance and other conditions of service:- (a) The Chairman shall receive a pay in the pay scale of Level-17 in the Pay Matrix of the 7th Central Pay Commission and other allowances as admissible to officers of the State / UT of equivalent rank. (b) In addition to the pay specified in sub-rule (a), the Chairman shall be entitled to, as per extant rules and regulations of the State / UT: - (i) A city compensatory allowance and house rent allowance. (ii) The travelling allowance and daily allowance, in respect of journeys undertaken by him/her in connection with his/her duties as the Chairman (iii) The medical facilities as are admissible, as per norms. (iv) The other conditions of service of the Chairman in the matters of allowances, leave, joining time and other conditions of service shall be regulated in accordance with such rules and regulations as are applicable to the officers of the corresponding pay scale. (v) Other facilities like telephone, mobile phone, allotment of vehicle etc., as admissible to the equivalent rank officers under the State Government. (c) Once appointed, the service conditions of the Chairman cannot be altered to his disadvantage. (d) A serving officer appointed as Chairman and retiring from his respective service while serving in the SPCB/PCC on attaining the age of superannuation, shall draw their retirement benefits from their parent department or organization, as applicable. However, in case he receives pension, if applicable, his salary as Chairman will be deducted by the amount of the pension received by him. (e) The Chairman ceasing to hold that office shall be ineligible for further employment under the Central Government or any State Government / UT for a period of two (02) years from the date he ceases to hold such office; (f) The Chairman will not accept any employment, except in the field of academics, for a period of two (02) years from the date he ceases to hold such office. 8. Tenure:- (a) The tenure of Chairman shall be for a term of three (03) years from the date of joining the office or attainment of the age of sixty-five (65) years, whichever is earlier. (b) In case a Chairman is not able to perform his duties temporarily due to illness, leave or such other causes, the State Government may assign additional charge to a suitable officer for that period of absence, subject to a maximum limit of six months. (c) If a serving officer is appointed as the chairman of the SPCB / PCC, he shall complete his tenure even if superannuated in the meantime from his parent organisation. (d) Any person appointed as Chairman will be eligible for reappointment for a specified period after completion of first tenure subject to maximum age of sixty-five (65) years or reappointment period, whichever is earlier. 9. Removal from service: (a) The Chairman may be removed from the post before completion of tenure on recommendations of the above referred Selection Committee on the ground of proven misconduct or incapacity, after due cause and enquiry. (b) Notwithstanding anything contained in the rules, State Government / UT may remove the Chairman immediately, after being given opportunity of being heard, if he: (i) Has been adjudged as insolvent; or (ii) Has been convicted of an offence which, in the opinion of the State Government / UT, involves moral turpitude; or (iii) Has become physically or mentally incapable of acting as a Chairman; or (iv) Has acquired such financial or other interest as is likely to affect prejudicially his functions as a Chairman, or (v) Has so abused his position as to render his continuance in office prejudicial to the public interest. 10. Disqualification: No person:- (i) who has entered into or contracted a marriage with a person having a spouse living, or (ii) who having living spouse has entered into or contracted a marriage with any person, shall be eligible for appointment to the said post: Provided that Government may, if satisfied that such marriage is permissible under personal law applicable to such person or the other party to the marriage and that there are other grounds for doing so, exempt any person from the operation of this rule. [F No. Q-15012/1/2022-CPW] NARESH PAL GANGWAR, Addl. Secy. 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.