(1) A person shall not be qualified for appointment aa a Chairperson unless he has been—
(a) a Judge of the Supremo Court; or
(b) the Chief Justice of a High Court.
(2) A person shall not be qualified for appointment as a Vice-Chairperson unless he has—
(a) ft* at least two yearn held the post of a Secretary to the Government of India or any^other post under the Central or a Slate Government carrying a scale of pay which is not less than that of a Secretary to the Government of India; and
(b) expertise or experience in administrative, legal, managerial or tcchnicJ aspects of problems relating to environment.
(3) A person shall not be qualified for appointment as a Member unless he has professional knowledge or practical experience in the areaa pertaining to conservation, environmental management, law or planning and development {4) The Chairperson, the Vlce-Chalrperson and the Members shall be appointed by the President.
SBC 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 £ (/) In tho event of the occurrence of any vacancy in the office of the Chairperson by reason of MR death, resignation or otherwise, the Vloo-Chairpenon shall act as tbe Chairperson until the date on which a now Chairperson appointed In accordance with the provisions of this Ordinance to fill such vacancy entera upon his office.
(2) When the Chairperson la unable to discharge his functions owing to absence, Illness or any other cause, the Vicc-Chalrpcreon or, as ihe case may be, such one of the Member as the Central Government may, by notiflcnrioh, miihortoe In thin behalf, shall discharge the fractions of the Chairperson until the date on which the Chairperson resumes his duties.
Vke-Chairpemon to act as Chairperson or to discharge bis functions in certain circumstances.
7. The Chairperson, Vice-Chairperson or other Member shall hold office: as such for a term of three years from the dale on which he enters upon hb office, but shall be eligible for re-appointment for another term of three years:
Provided that no Chairperson, Vice-Chairperson or other Member shall hold office an such alter he has attained,—
(a) in the case of the Chairperson, the age of seventy years; and
(fe) in the case of the Vice-Chairperson or other Member, the age of sixty-five years.
Term of office.
8. (/) The Chairperson, Vice-Chairperson or other Member may, by notice in writing under his hand addressed to the President, resign his office:
Provided that the Chairperson, Vice-Chairperson or other Member shall, unless he Is permitted by the President to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
(2) The Chairperson, Vicc-Chalrporaon or any other Member shall not be removed from his office except by an order made by the President on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court In which such Chairperson, Vice-Chairperson or other Member had been informed of the charges\agalnst him and given a reasonable opportunity of being heard in respect of those charges.
(5) The President may suspend from office the Chairperson, the Vice-Chairperson or any other Member of the Authority in respect of whom a reference has been made to Ihe Supreme Court under sub-section (2) until the President boa passed orders on receipt of the report of the Supreme Court on such reference.
(4) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or Incapacity of the Chairperson, the Vice-Chairperson or other Member referred to In sub-section (2).
Resignation and removal.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT II— Salaries and allowances and other terms and conditions of service of Chairp e r s o n , Vice-Chairperson and other n^efTIDCrif.
9. The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity end other retirement benefits) of, the Chairperson, Vlce-Chalrptitson and other Members shall be such as may be prescribed by the Central Government.
Vacancy In Authority not to Invalidate acts or proceedings.
10. No act or proceedings of the Authority shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect In the establishment of the Authority.
Appeals to Authority.
CHAPTER m JURISDICTION AND POWERS OF THE AUTHORITY
11. (/) Any person aggrieved by an order granting environmental clearance in the areas in which any Industries, operations or processes or class of Industries, operations and processes shall not be carried out or shall be carried out subject to certain safeguards, may within thirty days from the date of such order prefer an appeal to the authority in such form as may be prescribed:
Provided that the Authority may entertain any appeal after the expiry of the said period of thirty days but not after ninety days from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal In time.
(2) For purposes of sub-section (1), "person" means—
(a) any person who is likely to be affected by the grant of environmental clearance;
(b) any person who owns or has control over the project with respect to which an application has been submitted for environmental clearance;
(q) any association of persons (whether incorporated or not) likely to be affected by such order and functioning in the field of environment;
\
(d) the Central Government, where the environmental clearance is granted by the State Government and the Stale Government, where the environmental clearance is granted by the Central Government; or
(c) any local authority within any part of whose local limits is within the neighbourhood, wherein the project is proposed to be located.
(•f) On receipt of an appeal preferred under sub-section (7), the Authority shall, after giving the appellant an opportunity of being heard, pass such orders, as it thinks fit.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
(p) The Authority shall dispose of the appeal wllhin ninety days from the date of filing of the appeal:
Provided that the Authority may fot reasons to be recorded in writing dispose of the appeal within a further period 6f thirty days, 5 of 1908.