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Report No. 186

Method of appointment and other matters

The method of appointment of the Judicial Members shall be by the Central Government in consultation with State Government, the Chief Justice of the State/Union Territory concerned and the Chief Justice of India. The method of appointment of the Commissioners shall be by the State Government/Union Territory concerned in consultation with the Chief Justice of the State concerned and the Chairman of the proposed Environment Court.

A Commissioner who has a pecuniary interest direct or indirect or is connected with the subject matter or any of the parties to a dispute shall not 157be entitled to give any report in regard to the dispute. Every Commissioner shall inform the Chairman of the Court if he has any such connections.

The three Members of the Commission (i.e. the three retired Judges of High Court) and the three Commissioners in the panel must have five years tenure.

The Court shall have a Registrar and such other officers and staff as may be decided by the Rules made by the Central Government, in consultation with the Chief Justice of India.

The procedure for resignation and removal of Members (i.e. the three retired Judges of the High Court) will be on the same model as in section 13 of the National Environment Tribunal Act, 1995.

So far as the Commissioners are concerned, the proviso for resignation may be on the model of section 13(1) of the above Act of 1995. So far as removal is concerned, it shall be on the basis of such rules as may be prescribed by government, but the inquiry must be by a retired Judge of a High Court.

Other provisions like section 15, 16, 17 of the National Environment Tribunal Act, 1995 can be enacted so far as the position after expiry of tenure, financial and administrative powers, staff of Court.

Provision like secs. 25, 26, 27, 28, 29 and 31 of the said Act of 1995, can be added to take care of 'offences', 'protection' etc. Protection against 158legal proceedings for acts performed in good faith must be there for the Judicial Members and the Commissioners.

Oath of office to the Judicial Members has to be administered by the Governor of the State in which the proposed Court is located or by his delegate. If a Court is established exclusively for a Union Territory, such oath may be administered by the Lt. Governor or his delegate.

Resignation by the Judicial Members or the Commissioners may be submitted to the Central Government. The Commissioners can submit Resignations to the State Government.



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