LexThe National Green Tribunal Act 2010
Chhattisgarh · state statute
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EXTRAORDINARY
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PART II - Section 1
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PUBLISHED BY AUTHORITY
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No. 25) NEW DELHI, WEDNESDAY, JUNE 2, 2010 / JYAISTHA 12, 1932
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MINISTRYOF LAWANDJUSTICE
(Legislative Department)
New Delhi, the 2nd June, 2010/Jyaistha 12, 1932 (Saka)
The following Act of Parliament received the assent of the President on the 2nd June,
20 I 0, and is hereby published for general information:-
THE NATIONAL GREEN TRIBUNAL ACT, 2010
(No. 19 OF 2010)
[2nd June, 201 O.]
An Act to provide for the establishment of a National Green Tribunal for the effective
and expeditious disposal of cases relating to environmental protection and
conservation of forests and other natural resources including enforcement of
any legal right relating to environment and giving relief and compensation for
damages to persons and property and for matters connected therewith or
incidental thereto. ·
AND WHEREAS India is a party to the decisions taken at the United Nations Conference
on the Human Environment held at Stockholm in June, 1972, in which India participated,
calling upon the States to take appropriate steps for the protection and improvement of the
human environment;
AND WHEREAS decisions were taken at the United Nations Conference on Environment
and Development held at Rio de Janeiro in June, 1992, in which India participated, calling
upon the States to provide effective access to judicial and administrative proceedings,
including redress and remedy and to develop national laws regarding liability and
compensation for the victims of pollution and other environmental damage;
I
Short title and ·
commencement
Definitions.
2 THE GAZETTE OF INDIA EXTRAORDINARY (PARTII-
AND WHEREAS in the judicial pronouncement in India, the right to healthy environment
has been construed as a part of the right to life under article 21 of the Constitution;
AND WHEREAS it is considered expedient to implement the decisions taken at the
aforesaid conferences and to have a National Green Tribunal in view of the involvement of
multi-disciplinary issues relating to the environment.
BE it enacted by Parliament in the Sixty-first Year of the Republic oflndia as follows: -
CHAPTER I
PRELIMINARY
1. (/) This Act may be called the National Green Tribunal Act, 2010.
· \(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. (J) In this Act, unless the context otherwise requires,-
(a) "accident" means an accident involving a fortuitous or sudden or unintended
occuirence while handling any hazardous substance or equipment, or plant, or vehicle
resulting in continuous or intermittent or repeated exposure to death, of, or, injury to,
any person or damage to any property or environment but does not include an accident
by reason only of war or civil disturbance;
(b) "Chairperson" means the Chairperson of the National Green Tribunal;
(c) "environment" includes water, air and land and the inter-relationship, which
exists among and between water, air and land and human beings, other living creatures,
p !ants, micro-organism and property;
(d) "Expert Member" means a member of the Tribunal who, is appointed as such,
and holds qualifications specified in sub-section (2) of section 5, and, is not a Judicial
Member;
(e) "handling", in relation to any hazardous substance, means the manufacture,
processing, treatment, package, storage, transportation, use, collection, destruction,
conversion, offering for sale, transfer or the like of such hazardous substance;
(j) "hazardous substance" means any substance or preparation which is defined
as hazardous substance in the Environment (Protection) Act, 1986, and exceeding
such quantity as specified or may be specified by the Central Government under the
Public Liability Insurance Ac~ 1991;
(g) "injury" includes permanent, partial or total disablement or sickness resulting
out of an accident;
(h) "Judicial Member" means a member of the Tribunal who is qualified to be
appointed as such under sub-section (/) of section 5 and includes the Chairperson;
(1) "notification" means a notification published in the Official Gazette;
(j) "person" includes-
(,) an individual,
(ii) a Hindu undivided family,
29 of 1986.
6 of 1991.
8 of 1923.
6 of 1974.
36 of 1977.
69 of 1980.
14 of 1981.
29 of 1986.
6 of 1991.
, 18 of 2003.
SEC.I] THE GAZETTE OF INDIA EXTRAORDINARY
(iii) a company,
(iv) a !inn,
3
(v) an association of persons or a body of individuals, whether incorporated
or not,
(v1) trustee ofa trust,
(vii) a local authority, and
(viii) eve,y artificial juridical person, not falling within any of the preceding
sub-clauses; · -----
(k) "prescribed" means prescribed by rules made under this Act;
(l) "Schedule" means Schedules I, II and III appended to this Act;
(m) "substantial question relating to environment" shall include an instance
where,- \
(1) there is a direct violation ofa specific statuto,yenvironmental obligation
by a person by which,-
(A) the community at large other than an individual or group of
individuals is affected or likely to be affected by the environmental
consequences; or
(B) the gravity of damage to the environment or property is
substantial; or
(C) the damage to public health is broadly measurable;
(i1) the environmental consequences relate to a specific activity or a point
source of pollution;
(n) "Tribunal" means the National Green Tribunal established under section 3;
(o) "workman" has the meaning assigned to it in the Workmen's Compensation
Act, 1923.
(2) The words and expressions used in this Act but not defined herein and defined in
the Water (Prevention and Control of Pollution) Act, 1974, the Water (Prevention and Control
of Pollution) Cess Act, I 977, the Forest (Conservation) Act, 1980, the Air (Prevention and
Control of Pollution)Act, I 98 I, the Environment (Protection)Act, I 986, the Public Liability
Insurance Act, 199 I and the Biological Diversity Act, 2002 and other Acts relating to
environment shall have the meaning, respectively, assigned to them in those Acts.
CHAPTER II
ESTABLISHMENT OF THE TRIBUNAL
3. The Central Government shall, by notification, establish, with effect from such date
as may be specified therein, a Tribunal to be known as the National Green Tribunal to
exercise the jurisdiction, powers and authority conferred on such Tribunal by or under this
Act. -
Establishment
of Tribunal.
4. (/) The Tribunal shall consist of
(a) a full time Chairperson;
Composition
of Tribunal.
(b) not less than ten but subject to maximum of twenty full time Judicial Members
as the Central Government may, from time to time, notify;
(c) not less than ten but subject to maximum of twenty full time Expert Members,
as the Central Government may, from time to time, notify.
(2) The Chairperson of the Tribunal may, if considered necessa,y, invite any one or
more person having specialised knowledge and experience in a particular case before the
Tribunal to assist the Tribunal in that case.
Qualifications
for
appointment
of
Chairperson,
Judicial
Member and
Expert
Member.
Appointment
of
Chairperson,
Judicial
Member and
Expert
Member.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PARTIJ-
(3) The Central Government may, by notification, specify the ordinary place or places
of sitting of the Tribunal, and the territorial jurisdiction falling under each such place of
sitting.
( 4) The Central Government may, in consultation with the Chairperson of the Tribunal,
make rules regulating generally the practices and procedure of the Tribunal including-
(a) the rules as to the persons who shall be entitled to appear before the Tribunal;
(b) the rules as to the procedure for hearing applications and appeals and other
matters [including the circuit procedure for hearing at a place other than the ordinary
place ofits sitting falling within the jurisdiction referred to in sub-section (J)], pertaining
to the applications and appeals;
(c) the minimum numberofMembers who shall hear the applications and appeals
in respect of any class or classes of applications and appeals:
Provided that the number of Expert Members shall, in hearing an application or
appeal, be equal to the number of Judicial Members hearing such application or
appeal;
(d) rules relating to transfer of cases by the Chairperson from one place of
sitting (including the ordinary place of sitting) to other place of sitting.
5. (lj A person shall not be qualified for appointment as the Chairperson or Judicial
Member of the Tribunal unless he is, or has been, a Judge of the Supreme Court of India or
Chief Justice of a High Court:
Provided that a person who is or has been a Judge of the High Court shall also be
qualified to be appointed as a Judicial Member.
(2) A person shall not be qualified for appointment as an Expert Member, unless he,-
(a) has a degree in Masterof Science (in physical sciences or life sciences) with
a Doctorate degree or Master of Engineering or Master of Technology and has an
experience offifteen years in the relevant field including five years practical experience
in the field ofenvironment and forests (including pollution control, hazardous substance
management, environment impact assessment, climate change management, biological
diversity management aild forest conservation) in a reputed National level institution; or
(b) has administrative experience of fifteen years including experience of five
years in dealing with environmental matters in the Central or a State Government or in
a reputed National or State level institution.
(J) The Chairperson, Judicial Member and Expert Member of the Tribunal shall not
hold any other office during their tenure as such.
( 4) The Chairperson and other Judicial and Expert Members shall not, for a period of
two years from the date on which they cease to hold office, accept any employment in, or
connected with the management or administration of, any person who has been a party
to a proceeding before the Tribunal under this Act:
Provided that nothing contained in this section shall apply to any employment
under the Central Government or a State Government or local authority or in any statutory
authority or any corporation established by or under any Central, State or Provincial Act
or a Government company as defined in section 617 of the Companies Act, 1956. I of I 956.
6. (1) Subject to the provisions of section 5, the Chairperson, Judicial Members and
Expert Members of the Tribunal shall be appointed by the Central Government.
(2) The Chairperson shall be appointed by the Central Government in consultation
with the Chief Justice oflndia.
(J) The Judicial Members and Expert Members of the Tribunal shall be appointed on
the recommendations of such Selection Committee and in such manner as may be prescribed.
SEC. 1) THE GAZETTE OF INDIA EXTRAORDINARY 5
7. The Chairperson, Judicial Member and Expert Member of the Tribunal shall hold
office as such for a terin offive years from the date on which they enter upon their office, but
shall not be eligible for re-appointment:
Provided that in case a person, who is or has been a Judge of the Supreme Court, has
been appointed as Chairperson or Judicial Member of the Tribunal, he shall not hold office
after he has attained the age of seventy years:
Provided further that in case a person, who is or has been the Chief Justice of a High
Court, has been appointed as Chairperson or Judicial Member of the Tribunal, he shall not
hold office after he has attained the age of sixty-seven years:
Provided_Jilso that in case a person, who is or has been a Judge of a High Court, has
been appointed as Judicial Member of the Tribunal, he shall not hold office after he has
attained the age of sixty-seven years:
Provided also that no Expert Member shall hold office after he has attained the age of
sixty-five years.
\
8. The Chairperson, Judicial Member and Expert Member of the Tribunal may, by
notice in writing under their hand addressed to the Central Government, resign their office.
9. The salaries and allowances payable to, and the other terms and conditions of
service (including pension, gratuity and other retirement benefits) of, the Chairperson, Judicial
Member and Expert Member of the Tribunal shall be such as may be prescribed:
Provided that neither the salary and allowances nor the other terms and conditions of
service of the Chairperson, Judicial Member and Expert Member shall be varied to their
disadvantage after their appointment.
10. (I) Th-e Central Government may, fo consultation with the Chief Justice ofindia,
remove from office of the Chairperson or Judicial Member of the Tribunal, who,-
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central
Government, involves moral turpitude; or
(c) has become physically or mentally incapable; or
(d) has acquired such financial or other interest as is likely to affect prejudicially
his functions; or
(e) has so ab.used his position as to render his continuance in office prejudicial
to the public interest.
(2) The Chairperson or Judicial Member shall not be removed from his_office except by
an order made by the Central Government after an inquiry made by a Judge of the Supreme
Court in which such Chairperson or Judicial Member has been informed of the charges
against him and given a reasonable opportunity of being heard in respect of those charges.
(3) The Central Government may suspend from office the Chairperson or Judicial
Member in respect of whom a reference of conducting an inquiry has been made to the Judge
of the Supreme Court under sub-section (2), until the Central Government passes an order on
receipt of the report of inquiry made by the Judge of the Supreme Court on such reference.
( 4) The Central Government may, by rules, regulate the procedure for inquiry referred
to in sub-section (2).
(5) The Expert Member may be removed from his office by an order of the Central
Government on the grounds specified in sub-section (1) and in accordance with the procedure
as may be notified by the Central Government:
Provided that the Expert Member shall not be removed unless he has been given an
opportunity ofbeing heard in the matter.
Term of
office and
other
conditions of
service of
Chairperson,
Judicial
Member and
Expert
Member.
Resignation.
Salaries,
allowances and
other terms
and conditions
of service.
Removal and
suspension of
Chairperson,
Judicial
Member and
Expert
Member.
11. In the event of the occurrence of any vacancy in the office of the Chairperson of
the Tribunal, by reason of his death, resignation or otherwise, such Judicial Member of the
Tribunal as the Central Government may, by notification, authorise in this behalf, shall act as
the Chairperson until the date on which a new Chairperson is appointed in accordance with
the provisions of this Act. · ·
To act as
Chairperson
of Tribunal or
to discharge
his functions
in certain
circumstances.
Staff of
Tribunal.
Financial and
administrative
powers of
Chairperson.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PARTII-
12. (/) The Central Government shall determine the nature and categories of the officers
and other employees required to assist the Tribunal in the discharge of its functions.
(2) The recruitment of the officers and other employees of the Tribunal shall be made
by the Chairperson in such manner as may be prescribed.
(3) The officers and other employees of the Tribunal shall discharge their functions
under the general superintendence of the Chairperson.
( 4) The salaries and allowances and conditions of service of the officers and other
employees of the Tribunal shall be such as may be prescribed.
13. The Chairperson of the Tribunal shall exercise such financial aniLadministrative
powers as may be vested in him under the rules made by the Central Government:
Provided that the Chairperson may delegate such of his financial and administrative
powers, as he may think fit, to any Judicial Member or Expert Member or officer of the
Tribunal subject to the condition that the Member or such officer, while exercising such
delegated power, continues to act under the direction, control and supervision of the'
Chairperson. ·
CHAPTERill
JURISDICTION, POWERS AND PROCEEDINGS OF THE TRIBUNAL
Tribunal to 14. (J) The Tribunal shall have the jurisdiction over all civil cases where a substantial
settle disputes. question relating to environment (including enforcement of any legal right relating to
environment), is involved and such question arises out of the implementation of the
enactments specified in Schedule I.
Relief,
compensation
an(I
restitution.
(2) The Tribunal shall hear the disputes arising from the questions referred to in sub
section (J) and settle such disputes and pass order thereon.
(3) No application for adjudication of dispute under this section shall be entertained
by the Tribunal unless it is made within a period of six months from the date on which the
cause of action for such dispute first arose:
Provided that the Tribunal may, if it is satisfied that the applicant was prevented by
sufficient cause from filing the application within the said period, allow it to be filed within a
further period not exceeding sixty days.
15. (J) The Tribunal may, by an order, provide,-
(a) relief and compensation to the victims of pollution and other environmental
damage arising under the enactments specified in the Schedule I (including accident
occurring while handling any hazardous substance);
(b) for restitution of property damaged;
(c) for restitution of the environment for such area or areas,
as the Tribunal may think fit.
(2) The relief and compensation and restitution of property and environment referred
to in clauses (a), (b) and (c) of sub-section (J) shall be in addition to the relief paid or payable
under the Public Liability Insurance Act, 1991. 6 of 1991.
(3) No application for grant of any compensation or reliefor restitution of property or
environment under this section shall be entertained by the Tribunal unless it is made within
a period of five years from the date on which the cause for such compensation or relief first
arose:
Provided that the Tribunal may, if it is satisfied that the applicant was prevented by
sufficient cause from filing the application within the said period, allow it to be filed within a
further period not exceeding sixty days.
( 4) The Tribunal may, having regard to the damage to public health, property and
environment, divide the compensation or relief payable under separate heads specified in
Schedule II so as to provide compensation or relief to the claimants and for restitution of the
damaged property or environment, as it may think fit.
6ofl974.
6 of 1974.
6 of 1974.
36 of 1977.
69 of I 980.
14 of 1981.
29 of 1986.
29 of 1986.
29 of 1986.
18 of 2003.
SEC.I] THE GAZETTE OF INDIA EXTRAORDINARY 7
(5) Every claimant of the compensation or relief under this Act shall intimate to the
Tribunal about the application filed to, or, as the case may be, compensation or reliefreceived
from, any other court or authority.
16. Any person aggrieved by,-
(a) an order or decision, made, on or after the commencement of the National
Green Tribunal Act, 20 I 0, by the appellate authority under section 28 of the Water
(Prevention and Control of Pollution) Act, 1974;
( b) an order passed, on or after the commencement of the National Green Tribunal
Act, 2010, by the State Government under section 29 of the Water (Prevention and
Control of Pollution)Act, 1974;
(c) directions issued, on or after the commencement of the National Green
Tribunal Act, 20 I 0, by a Board, under section 33A of the Water (Prevention and Control
of!'ollution)Act, 1974;
(d) an order or decision made, on or after the commencement of the National
Green Tribunal Act, 2010, by the appellate authority under section 13 of the Water
(Prevention and Control of Pollution) CessAct, 1977;
(e) an order or decision made, on or after the commencement of the National
Green Tribunal Act, 20 I 0, by the State Government or other authority under section 2
of the Forest (Conservation) Act, 1980;
(j) an order or decision, made, on or after the commencement of the National
Green Tribunal Act, 20 I 0, by the Appellate Authority under section 31 of the Air
(Prevention and Control of Pollution) Act, 1981;
(g) any direction issued, on or after the commencement of the National Green
Tribunal Act, 20 I 0, under section 5 of the Environment (Protection) Act, 1986;
(h) an order made, on or after the commencement of the National Green Tribunal
Act, 20 I 0, granting environmental clearance in the area 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 under the Environment
(Protection) Act, 1986;
(,) an order made, on or after the commencement of the National Green Tribunal
Act, 20 I 0, refusing to grant environmental clearance for carrying out any activity or
operation or process under the Environment (Protection) Act, 1986;
(j) any determination of benefit sharing or order made, on or after the
commencement of the National Green Tribunal Act, 2010, by the National Biodiversity
Authority or a State Biodiversity Board under the provisions of the Biological Diversity
Act,2002,
may, within a period of thirty days from the date on which the order or decision or direction
or determination is communicated to him, prefer an appeal to the Tribunal:
Provided that the Tribunal may, if it is satisfied that the appellant was prevented by
sufficient cause from filing the appeal within the said period, allow it to be filed under this
section within a further period not exceeding sixty days.
17. (J) Where death of, or injury to, any person ( other than a workman) or damage to
any property or environment has resulted from an accident or the adverse impact of an
activity or operation or process, under any enactment specified in Schedule I, the person
responsible shall be liable to pay such relief or compensation for such death, injury or
damage, under all or any of the heads specified in Schedule II, as may be determined by the
Tribunal.
(2) If the death, injury or damage caused by an accident or the adverse impact of an
activity or operation or process under any enactment specified in Schedule I cannot be
Tribunal to
have appellate
jurisdiction.
Liability to
pay relief or
compensation
in certain
cases.
Application
or appeal to
Tribunal.
Procedure and
powers of
Tribunal.
8 THE GAZETTE OF INDIA EXTRAORDINARY [PARrll-
attributed to any single activity or operation or process but is the combined or resultant
effect of several such activities, operations and processes, the Tribunal may, apportion the
liability for relief or compensation amongst those responsible for such activities, operations
and processes on an equitable basis.
(3) The Tribunal shall, in case ofan accident, apply the principle ofno fault.
18. (/) Each application under sections 14 and 15 or an appeal under section 16 shall,
be made to the Tribunal in such form, contain such particulars, and, be accompanied by such
documents and such fees as may be prescribed.
(2) Without prejudice to the provisions· contained in section 16, an application for
grant ofreliefor compensation or settlement ordispute may·be made to the Tribunal by-
(a) the person, who has sustained the injury; or
(b) the owner of the property to which the damage has been caused; or
(c) where death has resulted from the environmental damage, by all or any of the
legal representatives of the deceased; or
(d) any agent duly authorised by such person or owner of such property or all
or any of the legal representatives of the deceased, as the case may be; or
(e) any person aggrieved, including any representative body or organisation; or
(j) the Central Government or a State Government or a Union territory
Administration or the Central Pollution Control Board or a State Pollution Control
Board or a Pollution Control Committee or _a local authority, or any environmental
authority constituted or established under the Environment (Protection) Act, 1986 or 29 of 1986.
any other law for the time being in force:
Provided that where all the legal representatives of the deceased have not joined
in any such application for compensation or relief or settlement of dispute, the
application shall be made on behalfof, or, forthe benefit ofall the legal representatives
of the deceased and the legal representatives who have not so joined shall be imp leaded
as respondents to the application:
Provided further that the person, the owner, the legal representative, agent,
representative body or organisation shall not be entitled to make an application for
grant of reliefor compensation or settlement of dispute if such person, the owner, the
legal representative, agent, representative body or organisation have preferred an
appeal under section 16.
(3) The application, or as the case may be, the appeal filed before the Tribunal under
this Act shall be dealt with by it as expeditiously as possible and endeavour shall be made by
it to dispose of the application, or, as the case may be, the appeal, finally within six months
from the date of filing of the application, or as the case may be, the appeal, after providing the
parties concerned an opportunity to be heard.
19. (/) The Tribunal shall not be bound by the procedure laid down by the Code of
Civil Procedure, 1908 but shall be guided by the principles ofnaturaljustice. . s of 1908.
(2) Subject to the provisions of this Act, the Tribunal shall have power to regulate its
own procedure.
(3) The Tribunal shall also not be bound by the rules of evidence contained in the
IndianEvidenceAct, 1872. I of 1872.
( 4) The Tribunal shall have, for the purposes of discharging its functions under this
Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, 5 of 1908.
while trying a suit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him
on oath;
1 of 1872.
\
45 of 1860.
2 of 1974.
5 of 1908.
6 of 1991.
SEC.!] THE GAZETTE OF INDIA EXTRAORDINARY
(b) requiring the discovery and production of documents;
(c) receiving evidence on atlidavits;
9
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence
Act, 1872, requisitioning any public record or document or copy of such record or
document from any office;
(e) issuing commissions for the examination of witnesses or documents:
(/) reviewing its decision;
(g) dismissing an application for default or deciding it ex parte;
(h) setting aside any order of dismissal of any application for default or any
order passed by it ex parte;
(,) pass an interim order (including granting an injunction or stay) after
providing the parties concerned an opportunity to be heard, on any application made
or appeal filed under this Act;
(/) pass an order requiring any person to cease and desist from committing or
causing any violation of any enactment specified in Schedule I;
(k) any other matter which may be prescribed.
(5)All proceedings before the Tribunal shall be deemed to be the judicial proceedings
within the meaning of sections 193,219 and 228 for the purposes of section 196 of the Indian
Penal Code and the Tribunal shall be deemed to be a civil court for the purposes of
section 195 and Chapter XXVI of the Code of Criminal Procedure, I 973.
20. The Tribunal shall, while passing any order or decision or award, apply the principles
of sustainable development, the precautionary principle and the polluter pays principle.
21. The decision of the Tribunal by majority of Members shall be binding:
Provided that if there is a difference of opinion among the Members hearing an
application or appeal, and the opinion is equally divided, the Chairperson shall hear (ifhe
has not heard earlier such application or appeal) such application or appeal and decide:
Provided further that where the Chairperson himself has heard such application or
appeal alongwith other Members of the Tribunal, and if there is a difference of opinion
among the Members in such cases and the opinion is equally devided, he shall refer the
matter to other Members of the Tribunal who shall hear such application or appeal and
decide.
Tribunal to
apply certain
principles.
Decision to
be taken by
majority.
22. Any person aggrieved by any award, decision or order of the Tribunal, may, file an
appeal to the Supreme Court, within ninety days from the date of communication of the
award, decision or order of the Tribunal, to him, on any one or more of the grounds specified
in section 100 of the Code of Civil Procedure, 1908:
Appeal iO
Supreme
Court.
Provided that the Supreme Court may entertain any appeal after the expiry of
ninety days, if it is satisfied that the appellant was prevented by sufficient cause from
preferring the appeal.
23. (I) While disposing of an application or an appeal under this Act, the Tribunal Cost.
shall have power to make such order as to costs, as it may consider necessary.
(2) Where the Tribunal holds that a claim is not maintainable, or is false or vexatious,
and such claim is disallowed, in whole or in part, the Tribunal may, if it so thinks fit, after
recording its reasons for holding such claim to be false or vexatious, make an order to award
costs, including lost benefits due to any interim injunction.
24. (]) Where any amount by way of compensation or relief is ordered to be paid
under any award or order made by the Tribunal on the ground of any damage to environment,
that amount shall be remitted to the authority specified under sub-section (3) of section 7A
of the Public Liability Insurance Act, 1991 for being credited to the Environmental Relief
Fund established under that section,
Deposit of
amount
payable for
damage 10
environment.
Execution of
award or order
or decision of
Tribunal.
Penalty for
failure to
comply with
orders of
Tribunal.
10 THE GAZETTE OF INDIA EXTRAORDINARY [PARrll-
(2) The amount of compensation or relief credited to the Environmental Relief Fund
under sub-section (/), may, notwithstanding anything contained in the Public Liability
Insurance Act, 1991, be utilised by such persons or authority, in such manner and for such
purposes relating to environment, as may be prescribed.
25. (/) An award or order or decision of the Tribunal under this Act shall be executable
by the Tribunal as a decree of a civil court, and for this purpose, the Tribunal shall have all
the powers of a civil court.
(2) Notwithstanding anything contained in sub-section (I), the Tribunal may transmit
any order or award made by it to a civil court having local jurisdiction and such civil court
shall execute the or_;kr or award as if it were a decree made by that court.
(3) Where the person responsible, for death of, or injury to any person or damage to
any property and environment, against whom the award or order is made by the Tribunal,
fails to make the payment or deposit the amount as directed by the Tribunal within the period
so specified in the award or order, such amount, without prejudice to the filing of complaint
for prosecution for an offence under this Act or any other law for the time being in force, shall
be recoverable from the aforesaid person as arrears of land revenue or of public demand.
CHAPTERN
PENALTY
26. (I) Whoever, fails to comply with any order or award or decision of the Tribunal
under this Act, he shall be punishable with imprisonment for a term which may extend to
three years, or with fine which may extend to ten crore rupees, or with both and in case the
failure or contravention continues, with additional fine which may extend to twenty-five
thousand rupees for every day during which such failure or contravention continues after
conviction for the first such failure or contravention:
Provided that in case a company fails to comply with any order or award or a decision
of the Tribunal under this Act, such company shall be punishable with fine which may
extend to twenty-five crore rupees, and in case the failure or contravention continues, with
additional fine which may extend to one lakh rupees for every day during which such failure
or contravention continues after conviction for the first such failure or contravention.
6ofl99L
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, 2 of 1974.
every offence under this Act shall be deemed to be non-cognizable within the meaning of the
said Code.
Offences by 27. (J) Where any offence under this Act has been committed by a company, every
companies. person who, at the time the offence was committed, was directly in charge of, and was
responsible to the company for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment provided in this Act, ifhe proves that the offence was committed
without his knowledge or that he had exercised all due diligence to prevent the commission
of such offence.
(2) Notwithstanding anything contained in sub-section (I), where an offence under
this Act has been committed by the company and it is proved that the offence has been
committed with the consent or connivance of, or_is attributable to any neglect on the part of,
any director, manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly.
Explanation.- For the purposes of this section,-
(a) "company" means any body corporate and includes a firm orother association
of individuals; and
(b)"director" in relation to a firm means a partner in the firm.
•
45 of 1860.
SEC.I] THE GAZETTE OF INDIA EXTRAORDINARY I l
28. (]) Where any Department of the Government fails to comply with any order or
award or decision of the Tribunal under this Act, the Head of the Department shall be deemed
to be guilty of such failure and shall be liable to be proceeded against for having committed
an offence under this Act and punished accordingly:
Provided that nothing contained in this section shall render such Head of the Department
liable to any punishment ifhe proves that the offence was committed without his knowledge
or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (J), where an offence under
this Act has been committed by a Department of the Government and it is p~d that the
offence has been committed with the consent or connivance of, or is attributable to any
neglect on the part of any officer, other than the Head of the Department, such officer shall
also be deemed to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
CHAPTERV
MISCELLANEOUS
Offences by
Government
Department.
\
29. (/) With effect from the date of establishment of the Tribunal under this Act, no Bar of
civil court shall have jurisdiction to entertain any appeal in respect of any matter, which the jurisdiction.
Tribunal is empowered to determine under its appellate jurisdiction.
(2) No civil court shall have jurisdiction to settle dispute or entertain any question
relating to any claim for granting any relief or compensation or restitution of property damaged
or environment damaged which may be adjudicated upon by the Tribunal, and no injunction
in respect of any action taken or to be taken by or before the Tribunal in respect of the
settlement of such dispute or any such claim for granting any relief or compensation or
restitution of property damaged or environment damaged shall be granted by the civil court.
30. (J) No court shall take cognizance of any offence under this Act except on a Cognizance of
complaint made by- offences.
(a) the Central Government or any authority or officer authorised in this behalf
by that Government; or
(b) any person who has given notice ofnot less than sixty days in such manner
as may be prescribed, of the alleged offence and of his intention to make a complaint,
to the Central Government or the authority or officer authorised as aforesaid.
(2) No court inferior to that ofa Metropolitan Magistrate or, a Judicial Magistrate of
the first class shall try any offence punishable under this Act.
31. The Chairperson, the Judicial and Expert Members, officers and other employees
of the Tribunal shall be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code.
32. (J) No suit or other legal proceeding shall lie against the employees of the Central
Government or a State Government or any statutory authority, for anything which is in good
faith done or intended to be done in pursuance of this Act or any rule or order made_thereunder.
(2) No suit, prosecution or other legal proceeding shall lie against the Chairperson or,
Judicial Member or Expert Member of the Tribunal or any other person authorised by the
Chairperson or Judicial Member or the Expert Member for anything which is in good faith
done or intended to be done in pursuance of this Act or any rule or order made thereunder.
33. The provisions of this Act, shall have effect notwithstanding anything inconsistent
contained in any other law for the time being in force or in any instrument having effect by
virrue of any law other than this Act.
34. ( I) The Central Government may, by notification, amend the Schedule I by including
therein any other Act, enacted by Parliament having regard to the objective of environmental
protection and conservation of natural resources, or omitting therefrom any Act already
specified therein and on the date of publication of such notification, such Act shall be
deemed to be included in or, as the case may be, omitted from the Schedule I.
Members and
staff of
Tribunal to be
public servants.
Protection of
action taken in
good faith.
Act to have
overriding
effect.
Power to
amend
Schedule I.
Power to
make rules.
12 THE GAZETTE OF INDIA EXTRAORDINARY [PARTil-
(2) A copy of every notification proposed to be issued under sub-section(/), shall be
laid in draft before each House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in disapproving the issue of the notification or both Houses
agree in making any modification in the notification, the notification shall not be issued or, as
the case may be, shall be issued only in such modified form as may be agreed upon by both
the Houses.
35. (1) The Central Government may, by notification in the Official Gazette, make rules
for'carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:-
, ' (a) rules as to the persons who shall be entitled to appear before the Tribunal
under clause ·(a) of sub-section ( 4) of sei;tion 4;
(b) the procedure for hearing applications and appeals and other matters
pertaining to the applications and appeals under clause (b) of sub-section (4) of
section 4;
(c) the minimum numberofmembers who shall hear the applications and appeals
in respect of any class or classes of applications and appeals under clause (c) of sub
section ( 4) of section 4;
(d) the transfer of cases by the Chairperson from one place of sitting (including
the ordinary place of sitting) to other place of sitting;
(e) the selection committee and the manner ofappointment of the Judicial Member
and Expert Member of the Tribunal under sub-section (3) of section 6;
(j) the salaries and allowances payable to, and other terms and conditions of
service (including pension, gratuity and other retirement benefits) of, the Chairperson,
Judicial Member and Expert Member of the Tribunal under section 9;
(g) the procedure for inquiry of the charges against the Chairperson or Judicial
Member of the Tribunal under sub-section (4) of section 10;
(h) the recruitment of officers and other employees <if the Tribunal under sub
section (2) of section 12; and the salaries and allowances and other conditions of
service of the officers and other employees of the Tribunal under sub-section ( 4) of
that section;
(I) the financial and administrative powers to be exercised by the Chairperson of
the Tribunal under section 13;
(j) the form of application or appeal, the particulars which it shall contain and the
documents to be accompanied by and the fees payable under sub-section (1) of
section 18;
(k) any such matter in respect of which the Tribunal shall have powers of a civil
court under clause (k) of sub-section (4) of section 19;
(/) the manner and the purposes for which the amount of compensation or relief
credited to the Environment Relief Fund shall be utilised under sub-section (2) of
section 24;
(m) the manner of giving notice to make a complaint under clause (b) of sub
section (1) of section 30;
(n) any other matter which is required to be, or may be, specified by rules or in
respect of which provision is to be made by rules.
(J) Every rule made under this Act by the Central Government shall be laid, as soon as
may be after it is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the session or the
SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 13
successive sessions aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.
36. The enactments specified in the Schedule Ill to this Act shall be amended in the
manner specified therein and such amendments shall take effect on the date of establishment
of the Tribunal.
37. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government, may, by order published in the Official Gazette, make=h provisions, not
inconsistent with the provisions of this Act as may appear to it to be necessary for removing
the difficulty: ·
Provided that no such order shall be made after the expiry ofa period of two years·from
the commencement of this Act. · \
(2) Every order made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament.
Amendment
of certain
enactments.
Power to
remove
difficultie:..
27 of 1995.
22 of 1997.
38. (1) The National Environment Tribunal Act, 1995 and the National Environment Repeal and
Appellate Authority Act, 1997 are hereby repealed (hereinafter referred to as the repealed savings.
Act).
(2) Notwithstanding such repeal, anything done or any action taken under the said
Acts shall be deemed to have been done or taken under the corresponding provisions of this
Act.
(3) The National Environment Appellate Authority established under sub-section (J)
22 of 1997. of section 3 of the National Environment Appellate Authority Act, 1997, shall, on the
establishment of the National Green Tribunal under the National Green Tribunal Act. 20 I 0,
stand dissolved .
. (4) On the dissolution of the National Environment Appellate Authority established
under sub-section (1) of section 3 of the National Environment Appellate Authority
22 of 19Excerpt shown. Open the full act in Lexace.