ENVIRONMENTAL
TRIBUNAL RULES, 1999
PART II
Statutory
Notification (S.R.O.)
GOVERNMENT
OF PAKISTAN
MINISTRY
OF ENVIRONMENT, LOCAL GOVERNMENT AND RURAL
DEVELOPMENT
NOTIFICATION
Islamabad,
the 10th March, 2000
S.R.O. (1)/2001.-
In exercise of the powers conferred by section 33 of the Pakistan Environmental
Protection Act, 1997 (XXXIV of 1997), read with clause (k) of sub-section (1)
of section 6 thereof, the Pakistan Environmental Protection Agency, with the
approval of the federal Government, is pleased to make the following
regulations namely:-
1.
Short title and
commencement.- (1) These rules may be called the Environmental Tribunal
Rules, 1999.
(2) They shall come into force at once.
2.
Definitions.
- (1) In these Rules, unless there is anything repugnant in the subject or
context. -
(a)
“Act” means the Pakistan Environmental Protection Act,
1997 (XXXIV of 1997);
(b)
“Bench” means a bench of tribunal comprising the
Chairperson and at least one other Member;
(c)
“Chairperson” means Chairperson of the Tribunal;
(d)
“Corporation service” means employment in a corporation
or other body set up, established, owned, managed or controlled by the Federal
or a Provincial Government;
(e)
“Director General” means the Director-General of the
Federal
Agency;
(f)
“Member” means member of the Tribunal;
(g)
“Registrar” mans the Registrar of the Tribunal;
(h)
“Section” means a section of the Act;
(i)
“Service of Pakistan” shall have the same meaning as
defined clause (1) of Article 260 of the Constitution of the Islamic Republic
of Pakistan, 1973;
(j)
“Tribunal” means Environment Tribunal established under
subsection (1) of section 20 of the Act and includes a Bench.
(2) All other words and expressions used in
these rules but not defined shall have the same meanings as are assigned to
them in the Act.
3. Term of office of Chairperson and Members.
(1)
The term of office of the Chairperson and Members shall
not exceed three years:
Provide
that the Federal Government may extend the term of office of the Chairperson or
any Member for such period, not exceeding three years, as it may deem fit.
Provided
further that 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 his term of office.
(2)
The Chairperson or Member may resign his office by
writing under his hand addressed to the Federal Government.
(3)
The Chairperson or a Member shall only be removed from
office except in the manner applicable to like a Judge of the High Court.
(4)
The Chairperson or a Member shall not hold any other
office in the service of Pakistan if his remuneration is thereby increased.
4. Qualification of Member.
(1) A Technical Member of the Tribunal shall be a person who has at
least -
(a)
A second-class B.Sc. Engineering degree in
Chemical/Civil/Public
Health/Environmental/Mechanical/Industrial Engineering; or a second-class
M. Sc. Degree in Physics/ Chemistry / Biology / Chemical technology /
Environmental Planning and Management/ Bio-Chemistry; and
(b)
17 years, experience in BPS-17 and above or
equivalent relating to the field of any prescribed academic qualification.
Explanation:
The experience
prescribed in clause (b) shall be calculated after acquisition of the educational
qualification prescribed in clause (a).
(2) The third Member of the Tribunal, if
not also a Technical Member, shall be person who has, for a period of not less
than 10 years held an appointment or post in the service of Pakistan, or in
Corporation service, or who for the said period, has been an advocate of a High
Court.
5. Salary, allowances and privileges.
(1)
If a retired Judge of the High Court is appointed as
Chairperson, he shall be entitled to such salary, allowances and privileges as
are admissible to him as such Judge.
(2)
If a retired Judge of the High Court is appointed as
Chairperson, he shall be entitled to such salary, allowances and privileges as
would be admissible to him had he been a Judge of the High Court from which he
retired and had been transferred to a bench other than at the principal seal of
that High Court.
(3)
If a person who is in the service of Pakistan or in
Corporation service is appointed as Member, he shall be entitled to the same
salary, allowances and privileges as are admissible to him in such service.
Provided that
if such person is promoted to a higher grade after his appointment as Member,
he shall be entitled, from the date of such promotion, to the salary,
allowances and privileges admissible to him in the higher grade.
(4)
If a person who has retired from the service of
Pakistan or from Corporation service is appointed as Member, he shall draw such
salary and allowances and be allowed such privileges as are admissible to him
under the rules applicable to such retired person on employment.
(5)
If a person who is not a serving or retired Judge of
the High Court is appointed as Chairperson, or a person who is not in, or
retired from the service of Pakistan or from corporation service is appointed
as Member, he shall draw salary and allowances and be allowed privileges I
accordance with the contract relating to the terms and conditions of his
appointment.
Provided that
in the case of the Chairperson, such salary, allowances and privileges shall
not be less than are admissible to a Judge of the High Court:
Provided
further that in case of a Member, such salary, allowances and privileges shall
not be less than are admissible top an officer in Basic Scale 21.
(6)
The terms and conditions of service of the Chairperson
or a Member shall not be varied to the disadvantage of the Chairperson or
Member during his term of office.
6.
Oath of office.
Before
entering upon his office, a Chairperson who is not a serving Judge of the High
Court, and a Member shall make an oath, in the form prescribed in schedule I,
before the Chief Justice of the High Court or a Judge nominated by the Chief
Justice for the purpose.
7.
Benches of the
Tribunal.
The powers and
functions of the Tribunal may be exercised or performed by Bench.
8.
Transfer of
cases.
The
Chairperson may, at any stage of hearing of a case, withdraw it from the Bench
before which it is pending and entrust it to another.
9.
Staff of the
Tribunal.
(1)
Staff of the Tribunal shall be as set out in Schedule
II.
(2)
The terms and conditions of service of the staff of the
Tribunal shall be the same as of civil servants of corresponding grade under
Government, and they shall be governed by the Civil Servants Act, 1973 (LXXI of
1973), and the rules make thereunder.
(3)
Notwithstanding the provisions of sub-rules (1) and
(2), where a Judge of the High Court or the Presiding Officer of an existing
Court or Tribunal is appointed as Chairperson in addition to his own duties,
the duties and functions of the staff of the Tribunal may be assigned to
existing staff of the High Court or such Court or Tribunal.
10. Seal of the Tribunal.
(1)
There shall be a seal of the Tribunal which shall
indicate the name of the Tribunal and its insignia.
(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 duly authorized in this behalf by the
Chairman and shall bear the seal of the Tribunal;
11. Dress, office hours and holidays.
(1)
The Chairperson and Members shall wear the same dress
as prescribed for Judges of the High Court.
(2)
The Tribunal shall, subject to any special order of the
Chairperson, observe the same office hours, holidays and periods of recess as
the High Court of the Province in which it is situate.
12.
Language.
The language
of the Tribunal shall be English, but Urdu or any of the regional languages may
be used, subject to permission of the Tribunal.
13.
Application of
Code of Criminal Procedure, 1898.
The Code of
Criminal Procedure, 1898 (Act V of 1898) shall apply to proceedings before the
Tribunal relating to trial of offences under section 17.
14.
Cause List.
(1)
A daily Cause List shall be prepared under the orders
of the Register which shall be affixed on the notice board of the court room of
the Tribunal.
(2)
Except as otherwise directed by the Tribunal, cases
shall be set down in the Cause List in the order of the date of admission.
15. 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 Federal Agency and of the Provincial Agency concerned.
(2)
Any party appeal may obtain additional copies of the
order on payment of such fees as the Tribunal may fix from time to time.
16.
Expeditious
disposal.
The Tribunal
shall make every effort to dispose of a complaint or an appeal or other
proceedings within 60 days of its filing.
Provided that
a decision of the Tribunal shall not be rendered invalid by reason of any delay
in its delivery.
17.
Appeals.
(1)
An appeal to the Environmental tribunal under section
22, in a form of a memorandum, shall be prepared in triplicate, and sent to the
Registrar by registered post acknowledgement due 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)
fees, as prescribed in Schedule III.
18. Proceedings open to public.
All proceedings before the Tribunal
shall be open to the public:
Provided that
the Tribunal may restrict entry of public during hearing of cases involving
information covered by clauses (i), (ii) and (iii) of sub-section (3) of
section 12.
SCHEDULE 1
(See
Rule 6)
Oath of
Chairperson and Members
I, do solemnly swear that a Chairperson/Member of
an
Environmental Tribunal established under the Pakistan Environmental
Protection Act, 1977, I will discharge my duties and perform my functions
honestly to the best of my ability, faithfully in accordance with the
Constitution of the Islamic Republic of Pakistan, 1973 and the law, and without
fear of favour, affection or ill-will, and that I will not allow my personal
interest to influence my official conduct or my official decisions.
SCHEDULE II
[See
Rule 9(1)]
Staff of
the Tribunal
SCHEDULE III
[See
Rule 16(2)(iii)]
Fees for
Appeals
GOVERNMENT OF PAKISTAN
MINISTRY OF LAW, JUSTICE AND HUMAN RIGHTS
Islamabad,
the 2nd June, 1999.
NOTIFICATION
S.R.O. (1)/89:-
In exercise of the powers
conferred by Section
20(1) of the Pakistan Environmental Protection act, 1997,
the Provincial Government is pleased to establish Environmental Protection
Tribunal in the country, having jurisdiction within the territorial limits as
set-out in the table:-
|
S. No.
|
Name
of Tribunal
|
Tribunal
Limit
|
Place of Sitting
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
1.
2.
|
Environmental
Protection Tribunal, Lahore.
Environmental
Protection Tribunal, Karachi.
|
The
Provinces of the Punjab and N.W.F.P. & Islamabad Capital.
The Provinces of Sindh and Balochistan.
|
Lahore
Karachi
|
No.F.22(1)/97-A.III
(ABDUL QADIR)
SECTION
OFFICER.
The Manager,
Printing Corporation of Pakistan Press, Islamabad. For
favour of Publication in the
Gazette of
Pakistan, Extraordinary, Part-III.
GOVERNMENT OF PAKISTAN
MINISTRY OF LAW, JUSTICE AND HUMAN RIGHTS
Islamabad,
the 2nd June, 1999.
NOTIFICATION
No.F.22(1)/97-A,III(A) The Federal Government is pleased to appoint the
following to be the Chairperson’s Environmental Protection Tribunals, with
immediate effect and until further orders, in addition to their own duties:-
|
S.NO.
|
NAME
OF THE CHAIR PERSON
|
NAME OF TRIBUNAL
|
|
(1)
|
(2)
|
(3)
|
|
1.
2.
|
Justice Sh. Amjad Ali, Judge, Lahore High Court, Lahore.
Justice
( R ) Abdul Rehman,
Presiding
Officer,
Special Court,
(Offences
in Banks),
Karachi
|
Environmental
Protection Tribunal, Lahore.
Environmental Protection Tribunal, Karachi.
|
|
|
|
|
(ABDUL QADIR)
SECTION
OFFICER.
The Manager,
Printing Corporation of Pakistan Press, Islamabad. For
favour of Publication in the
Gazette of
Pakistan, Extraordinary, Part-III.
No. F.22(1)/97-A.111(A) Islamabad,
the 2nd June, 1999.
Copy to:-
1.
Personal Secretary to the President, Aiwan-e-Sadr,
Islamabad.
2.
Principal Secretary to the Prime Minister, Prime
Minister’s Office, Islamabad.
3.
Registrar, Supreme Court of Pakistan, Islamabad.
4.
Secretary, Ministry of Environment, Local Government
and Rural Development, Islamabad.
5.
Secretary Finance Division Islamabad.
6.
Director General, EPA Punjab. Lahore.
7.
Director General, EPA Sindh Karachi.
8.
Director General, EPA Peshawar.
9.
Director General, EPA Balochistan Quetta.
10.
DAC High Court Building, Lahore High Court, Lahore.
11.
Director General Pak, EPA Islamabad.
12.
Secretary, E.P.D. Punjab and Sindh.
13.
Registrar, Lahore High Court, Lahore.
14.
Registrar, High Court of Sindh, Karachi.
15.
Registrar, Peshawar High Court, Peshawar.
16.
Registrar High Court of Balochistan, Quetta.
17.
Chairperson concerned.
18.
Record.
(ABDUL QADIR)
SECTION
OFFICER
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