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Proceedings of the Government of Karnataka

Subject:

Guidelines for nomination, terms and conditions of

Chairman, Members and appointment of Member

Secretary to Karnataka State Pollution Control Board

under the Water (Prevention and Control of Pollution)

Act, 1974

Read

Government

Notification

No:FEE

230

EPC

2017,

dated:19.06.2020

Preamble:

The Hon’ble High Court of Karnataka on 06.02.2021 in W.P.No:9526/2020 passed certain

directions noting certain shortcomings of the notification read above. The order dated

06.02.2021 was in the backdrop of directions of Hon'ble Supreme Court of Indiain Civil

Appeal No. 1359/2017 TechiTagi Tara versus Rajendra Singh Bhandari and others (2018) 11

SCC 734

Therefore, it becomes eminent that, notification read above be amended in view of the

section 4 of Water Act, 1974, judgement of Hon'ble Supreme Court of Indiain Civil Appeal

No. 1359/2017 TechiTagi Tara versus Rajendra Singh Bhandari and others (2018) 11 SCC

734 and order of Hon’ble High Court of Karnataka dated 06.02.2021 in WP no 9526/2020

Hence the following order.

Government Order No. FEE 230 EPC 2017, Bengaluru

Dated: 31 .08.2023.

In view of the facts and circumstances narrated in the preamble and in supersession

of Government Order No:FEE 230 EPC 2017, dated:19.06.2020 and subsequent

corrigendums, the State Government is pleased to issue the guidelines for

¨sÁUÀ –I

Part – I

31

2023(

ಪ

, 09

1945)

BENGALURU, THURSDAY, 31, AUGUST, 2023(BHADRAPADA, 09, SHAKAVARSHA, 1945)

. 403

No. 403

2

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.

By order and in the name of the

Governor of Karnataka.

(B.N.PRAVEEN)

Under Secretary to Government,

Forest, Ecology and Environment Department

(Ecology and Environment)

ANNEXURE TO GOVERNMENT ORDER NO:FEE 230 EPC 2017,

DATED:31.08.2023

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 from 19.06.2020 and would be published

inOfficial Gazette

2. The State Government shall nominatea person having special knowledge or

practical experience in respect of matters relating to environmental protection or a

person having knowledge and experience in administering institutions, departments

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

Chairmanunless he/she:

i. possesses a degree in Engineering or a Masters degree in Science or an

equivalent degree or allied sciences relating to environment from a

recognized University or Institute.

ii. must have special knowledge and experience in areas related to

environmental protection and must have administered in Government

Department or Organization or University or Institute dealing with

environmental issues in the capacity of the administrator (including

issues of air and water pollution, waste management, natural resources

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management

and

environmental

impact

assessment

including

technology management)

iii. must have rendered or must be rendering services for public welfare

with proven outstanding ability in dealing with issues pertaining to

environment management in discharging their duties.

4. Age limit: The maximum age limit for nomination of chairman shall be, not

exceeding 65 years as on the last date for the receipt of applications.

5. The Chairman shall be selected by a Search-cum-Selection Committee consisting

Ofthe following, namely

Chief Minister

Chairman

Minister for Forest, Ecology and

Environment

Vice-Chairman and Member

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 who adds value to the State Pollution Control Board,

after briefly recording the reasons.

8. The State Government shall depute an officer belonging to all India Serviceof

Senior/Super time Scale to the post of Member Secretary having degree in

engineering or a Master’s degree in science or an equivalent degree or allied sciences

from a recognized University or Institute, with prior experience in dealing with

matters connected to pollution control.

9. The State Government shall nominate the non-official members to the Board who

represent or possess special knowledge, practical experience and a 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:.

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i.

Five officials of such departments of the State Government 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.

Representation shall be from cities having sizable 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/Region get represented in rotation periodically.

iii. Three Non-Official members shall be nominated to represent the interest

of Agriculture Fishery or Industry or Trade or any other interest which,

in the opinion of the State Government ought to be represented.

iv. 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 taken to

represent the Services/ Regulations in both urban and rural areas

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 including Member

Secretary 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

rateapproved by the Government from time to time.

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13. The salary and other emoluments of the Chairman shall be as per the orders of

the Government of Karnataka issued from time to time.

(B.N.PRAVEEN)

Under Secretary to Government

Forest, Ecology and Environment Department

(Ecology & Environment).

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R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19

Licensed to post without prepayment WPP No. 297

THAMMAIAH

Digitally signed by THAMMAIAH

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postalCode=560059, street=BANGALORE, pseudonym=ca58c76cf7e2445d7a4f3f51407e025e,

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Date: 2023.09.01 17:36:04 +05'30'