G.S.R. 115(E) : the Commission for Air Quality Management in National Capital Region and Adjoining Areas (Manner of removal of Chairperson or Member, other than an ex - officio Member) Rules, 2023

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 93] NEW DELHI, TUESDAY, FEBRUARY 21, 2023/PHALGUNA 2, 1944 MINISTRY OF ENVIORNMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 21st February, 2023 G.S.R. 115(E).—In exercise of the powers conferred by clause (b) of sub-section (2) of section 25 of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021 (29 of 2021), the Central Government hereby makes the following rules, namely:- 1. Short title and commencement.- (1) These rules may be called the Commission for Air Quality Management in National Capital Region and Adjoining Areas (Manner of removal of Chairperson or Member, other than an ex- officio Member) Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions.- (1) In these rules, unless the context otherwise requires, - (a) “Act” means the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021 (29 of 2021); (b) “Chairperson” means the Chairperson of the Commission for Air Quality Management in National Capital Region and Adjoining Areas; (c) “Committee” means the Committee constituted under sub-section (1) of the section 4 of the Act; (d) “Member” means a member of the Commission for Air Quality Management in National Capital Region and Adjoining Areas other than ex-officio Member. (2) Words and expressions used herein and not defined but defined in the Act shall have the meanings as assigned to them in the Act. 3. Manner of Removal of Chairperson or any Member, other than an ex-officio Member.- (1) The Central Government may, on the recommendation of the Committee, remove from office the Chairperson or any member, other than ex-officio Member, who— (a) is, or at any time has been, adjudged as insolvent; or (b) is of unsound mind and stands so declared by a competent court; or (c) engages during his term of office in any paid employment outside the duties of his office; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or (e) has, in the opinion of the Central Government, so abused his position as to render his continuance in office detrimental to the public interest; or (f) is convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government, involves moral turpitude. (2) The Central Government shall, on receipt of a written complaint against the Chairperson or Member, as the case may be, make a preliminary scrutiny of such complaint. (3) If the Central Government shall, after scrutiny of such complaint, is of the opinion that there are reasonable grounds for making a an inquiry into the truth of any such allegations referred to in sub-rule (1) against the Chairperson or Member, as the case may be, make a reference to the Committee to conduct the inquiry made in the complaint. (4) The Committee 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 its own procedure, including the fixing of date, place and time of its inquiry. (5) The Committee shall complete the inquiry as early as possible and submit its report to the Central Government stating therein its findings with such observations as it thinks fit. NARESH PAL GANGWAR, Addl. Secy. and Published by the Controller of Publications, Delhi-110054. MANOJ KUMAR VERMA