REGD. NO. D. L.-33004/99 The Gazette of India EXTRAORDINARY
PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 317] NEW DELHI, FRIDAY, JUNE 22, 2001/ASADHA 1, 1923 2 THE GAZETTE OF INDIA; EXTKAURD1N ARY [PARTII—Shc.3(u)J MDN1STRYOFENVIRONMENT AND FORESTS NOTIFICATION Nc^Deihi, the 1 lth June, 2001 1--™ ' S f R 4 S 0 ® - - I n exercise of the powers conferred by sub-section (i) and clause (a) of sub-section (2) of Section 22 read A ^ n T " S r ^ ° n - (4) °f S e C t i o n 8 o f t h e National Environment « £ ? i *\ Authorxty Act, 1997 (22 of 1997), the Central Government hereby makes the following rules, namely :- 1- Short title and commencement. (l) • 'These rules may be called the National Environment Appellate Authority (Procedure for Conducting Inquiry against the Chairperson or the Vice-Chairperson or a Member) Rules,2001.
(2) They shall come into force on the date of their publication in the Official Gazette.
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e f i ? i t i ° n s - ~ " (1) I n t h e s e rules' unless thecontext otherwise requires, ia«- A *u (^) "Act" m e a n s t h e National Environment Appellate Authority Act,1997 (22 of 1997);
.. . (b) "Authority" means the National Environment Appellate Authority established under subsection (l) of section 3 of the Act;
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(d) "Vice-Chairperson" means the Vice-Chair person' of the Authority;
(e) "Member" means a Member of the Authority;
(2) Words and expression used and not defined in these rules but defined in the National Environment Appellate Authority Act,1997 (22 of 1997), shall have the meanings respectively assigned to them in that Act.
3.(1) Procedure for conducting inquiry against the Chairperson or the Vice-Chairperson or a Member for removal from office in certain circumtances. The President may by an Order remove from office the Chairperson or the Vice-Chairperson or any Member of the Authority, who
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the President, involves moral turpitude,- or
(c) has become physically or mentally incapable of acting as the Chairperson or the Vice-Chairperson or a Member; or
(d) has acquired such financial or other interest in the matter before the Authority as is likely to affect prejudicially his functions as the Chair person or the Vice-Chairperson or a Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public interest. '
(2) Notwithstanding anything contained in sub-rule *l),the Chairperson, the Vice-Chairperson or a Member of tne Authority shall not be removed from his office on tne grounds specified in sub-clauses (d) and (e) of that sub-rule unless a judge of the Supreme Court has, on an inquiry, reported that the Chairperson or the Vice- Chairperson or a Member ought on such,ground or grounds to be removed.
4. Powers of the Judge.--(l) The judge shall not be bound by the procedure laid down by the Code of Civil Procedure,1908 (5 of 1908), but shall be guided by the principles of natural justice and shall have power to regulate his own procedure including the fixing of places and times of his enquiry.
4 THE GAZETTE OF INDIA; EXTRAORDINARY [PART II—SEC. 3(i)l
(2) The judge shall have, for the purposes of discharging his functions under these rules, the same powers as are vested in a civil court undeiCode of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely :-
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents,-
(c) receiving evidence on affidavits ; and
(d) subject to the provisions of section 123 and 124 of the Indian Evidence Act,1872 (1 of 1872), requistioning any public record or document or copy of such record or document from any office.
[No. Z-20018/15/2000-CPA] VIJAI SHARMA, Jt. Secy.
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