Punjab Environmental Tribunal Rules, 2012

i-i ' j GOVERNMENT OF THE PUNJAB ENVIRONMENT PROTECTION DEPARTMENT Dated Lahore::, .9,,1,Apri l 2012 INOTIFICATIO~ I • No. - -~~ ; ,, - .. ;·- 5.i •7 0 .- I n exercise of the powers conferred under section 31 of the: Punjab· Environmental Prbrection Act, 1997 (XXXIV of-1997), Governor of the Punjab is pleased to make the following rules: 1. Short t it le and commencement.-(1) These ru les may be cited as the Punjab Environmental Tribunal Rules 2012. (2) They shall come into force at once. 2. Definitions.- (1) In these Rules: (a) " ,l\ct'' means t he Punjc .> :-,,"i, cnrner1t.::il J:·cte·:~•,Jr, .~ct, ; 397 ( <XXI Vof 1997); THE PUNJAB WEEKLY GAZETTE MAY 09, 2012 1303 (b) "Bench" means a Bench of Tribuna l consisting of the Chairperson and at least one member; ( c) "Chairperson" means the Chairperson of the Tribunal; ( d) "corporation serv ice" means employment in a corporation or other body set up established, owned, managed or controlled by the Government; ( e) "Director General" means Director-Genera l of the Provincial Agency; (f) "member" means a member of the Tribunal; ( g) "Registrar" means Registrar of the Tribunal; (h) "service of Pakistan" shall mean the same as in Article 260 of the . Constitution of the I slamic Republic of Pakistan; and (i) "Tribunal" means an Environmental Tribunal established under section 20 of the Act. (2) All other words and expressions used in these rules but not defined shall have the same meanings as are assigned ~o them in the Act. • 3. Term of office of the Chairperson and members.-(1) Subject to sub-rules (2) and (3), the term of office of the Chairperson or a member shall not exceed three years. (2) The Government may extend the term of office o,· the Chairperson or any member for such period, not exceeding three years, as it may deem fit. (3) A member, who immediately before his appointment was holding a post in the service of Pakistan, may be transferred in public interest before the expiry of' the term under this rule. ( 4) The Chairperson or a member may resign by submitting resignation in writing to the Government. • (5) The Cha irperson or a member shall not simult2neously hold any other office in the service of Pakistan.' 4. Qualifications.- ( 1) A technical member of the Tribunal shall be a person who has at least: (a) B.Sc. Engineering degree (second division) in chemica l, civil, public health, environmental, mechanical, industrial engineerir:ig; or ;vt.Sc. degree (second division) in chemistry, biology, chemical technology, environment, environmental planning and management or bio -chemistry; and (b) seventeen years post academic qualification experience in BS-17 and above or equivalent relating to the field of any of the prescribed academic qualification. (2) The third member of the· Tribunal, if not a technical member, shall ·be a person who has, for a period of not less than seventeen years held a post in the service of Pakistan, or in corporation service, or who has, for a period of ten years, been an advocate of a High Court. 5. Salary, allowances and privileges. -( 1) If a retired Jud!:)e of the High Court is appointed as Chairperson, he shall be. entitled to such sa lary, allowances and privileges as were admiss!ble to him as such Judge. (2) If a person who is in the service of Pakistan or in che corporation service is appointed as a member, he shall be entitled to the same salary, allowances and privileges as are admissible to him in such service but if such person is promoted to a higher grade after his appointment as a member, he shall be entitled, from the date of such promotion, to the salary, allowances and privileges admissible to him in the higher grade . (3) If a person who has retired from the service of Pakistan or from corporation service is appointed as a member, he shall draw such salary and allowances and shall be entitled to such privileges as are ;:ic!r1·,i·;sibi ,, • r , ··1im u11der the rules applicable to such retired person on re-emplnymert:. .I 1304 THE PUNJAB WEEKLY GAZETTE MAY 09, 2012 PART-I , . I (4) Subject to sub-rule (5), if a person who is not a serving or retired Judge of the High Court is appointed as the Chairperson, or a person who is not in, or has retired from the service of Pakistan or who is not in, or has retired from the corporation service, is appointed as the Chairperson or a member, such person shall draw salary and allowances and other privileges as may be determined by the Government and mentioned in the service contract . (5) The terms and conditions of service of the Chairperson or a member shall not be varied to their disadvantage during th'e term of office. 6. Benches of the Tribunal.- The powers and functions of the Tribunal may be exercised or performed by a Bench. • 7. Transfer of cases.- The Chairperson may, at any stage of hearing of a case, ·, withdraw it from a Bench before which it is pending and entrust it to another Bench. 8 . Staff of the Tribunal.- ( 1) The Government may appoint such staff of the Tribunal as may be necessary. (2) The terms and conditions of service of the staff of the Tribunal shall be' governed under the Punjab Civil Servants Act, 1974 (VIII of 1974) and the rules made thereunder. . I 9. Seal of the Tribuna l. -(1) There shall be~ seal of the Tribunal which shall ,, 1 indicate the name of the Tribunal and its insignia. ' 1 •·· (2) The seal shall remain in the custody of the Registrar or such other officer as the Chairperson may direct, and shall be affixed on every order passed by the Tribunal. (3) Every notice issued on behalf of the Tribunal shall be signed by the Registrar or other officer of the Tribunal duly authorized by the Chairperson in ~his behalf. 10. Dress, office hours and holidays,- (1) The Chairperson and members shall wear such dress as the Government may, from time to time, determine. (2) The Tribunal shall , subject to any specia l order of the Chairperson, observe the same office hours and holidays as are observed by Lahore High Court 11. Cause list.- (1) A daily cause list shall be prepared under orders of the Registrar and such list shall be affixed on the notice boan:j of the place of sitting of the Tribunal. (2) Except as otherwise directec : )' me Tribunal, the cases shall be set down in the cause list in the order of the date of aa;nission. 12. Copies of orders and record.- (1) The Tribunal shall, after passing ·and signing any final order in any case, cause certified copies thereof to be sent under ' registered post acknowledgement due to the parties concerned and to the Director • General of the Provincial Agency. (2) Any appellant may obtain additional copies of the order on payment of · such fee as the Tribunal may fix. 13. Expeditious disposal.- The Tribunal shall make every effort to dispose of a complaint or an appeal or other proceedings within sixty days from the date of filing of the complaint, appeal or other proceedings but any decision of the Tribunal shall not be rendered invalid by reason of any delay in the disposal of complaint, appeal or other proceedings. 14. Appeals.-(1) An appeal to the Environmental Tribunal under section 22 of the Act shall be in a form of a memorandum, shall be prepared in triplicate, and sent to the R~gistrar by registered post acknowledgement due or through courier or presented to him during office hours either by the appellant personally or by his counsel. (2) The appeal shall be accompanied by: (i) a copy of the impugned order; (ii) copies of all documents on which the appellant relies; and ( iii) the fee, as prescribed in the Court-fees Act, 1870 (VII of 1870). . 1 5. Proceedings to be open to public. - (1) Subject to sub-rule (2), all .. : proceedings before the Tribunal shall be open to the public. . . ~ (2) . The Tribunal may restrict entry of public during hearing of cases-. 1 involving information covered by clauses (i), ( ii) and (iii) of sub-section (3) of section I 12 of the Act. lT-1 THE PUNJAB WEEKLY GAZETTE MAY 09, 2012 1305 Repeal.-The Environmental Tribunal Rules, 1999 and the Environmental bunals (Procedure and Functions) Rules, 2008 are hereby repealed. SECRETARY GOVERNMENT OF THE PUNJAB ENVIRONMENT PROTECTION DEPARTMENT