No. 17(15)/2021-PUNGTGovernment of lndia

Ministry of Environment, Forest and Cllmate Ghange(Policy & Law Section)

Level-lll, Jal Wing,lndira ParyavaranBhawan,

Jor Bagh Road, Allganj, New Delhi-1'10 003Dated the sth october, 2021

Sub: Selectlon for appointment of Judlcial Members ln the NationalGreen Tribunal-reg.

The Government of lndia enacted the National Green Tribunal (NGT) Act,2010 (19 of 2010) for effective and expeditious disposal of cases relating toenvironmental protection and conservation of forests and other natural resources

including enforcement of any legal right relating to environment and giving reliefand compensation for damages to persons and property and for matters

connected therewith or incidental thereto. As per Section 3 of the NGT Act, 2010

the Central Government established the National Green Tribunal.

2. the Ministry of Environment, Forest and Climate Change, Government oflndia invites applications for filling up the five (05) vacant posts of JudicialMembers in the NGT as per the provtsions of the NGT Act, 2010; the TribunalsReforms Acl,2021 read with the Trrbunal (Conditions of Service) Rules, 2021from eligible lndian Citizens- Mere eligibility will not entitle any candidate for being

short-listed or selected.

3. The educational qualifications, eligibility and terms and conditions of the

appointment of a candidate will be governed by the provisions of the Tribunals

(Conditions of Service) Rules, 2021 and the Tribunals Reforms Act, 2021. f he

NGT Act, 2010 (Rules made thereunder) and the Tribunals Reforms Acl' 2021'

the Tribunal (Conditions of Service) Rules, 2021 are avallable on the Ministry's

website: www. moef. gov.in.

4. The Tribunal has five places of sitting, namely, New Delhi, Bhopal,

Chennai, Kolkata and Pune. A Judicial Member, upon selection, may be posted

at any of these places

Contd...21

\$\

-2-

5'TheCentralGovernmentreservestherighttowithdrawadvertisedpostsatany time without assigning any reason and also reserves the right to increase or

decrease the number of vacancies as well as fill or not to fill the posts and its

decision in this regard shall be final.

6.EligibleandinterestedpersonSmaySUbmittheirapplicationsintheprescribeJ format along with all supporting documents (self-attested) to Director'

Policy and Law Division, Ministry of Environment, Forest & Climate

Change, Level-lll, Jal Wing, lndira Paryavaran Bhawan, Aliganj, Jor Bagh'

New Delhi - 110003 on or before 26.10 '2021 (05:00 PM) and by email at

poli cyandlaw-mef@gov. in.

T.Applicationswhichareincompleteornotintheprescribedformatornotaccompanied by the supporting documents, as mentioned above, shall not be

entertained and would be liable to be summarily rejected by the competent

Authority.

8. No TfuDA will be admissible to the candidates to be called for interview/

tnteraction. The candidates are required to make therr own arrangements'

9. Advertisement and prescribed application form can also be downloaded

from Ministry's website www.moef.q ov. tn

'vrtfr'r^a(Ashok Kumar Pateshwary)

Director (PolicY and Law)Tel No.01 1'24695290

Email : ak. pateshwarY@gov.in

APPLICATION FORM FOR THE POST OFJUDICTAL MEMBER

OF THE NATIONAL GREEN TRIBUNAL (NGT)

l. Name of the post applied tbr:

2. Full Name (in Block Letters)

Affix recent passportsize photograph

(Please put Signature inthe box below)

5.

6.

Age as on 26.10.2021:. ......... Years ........Montls

I)ate of retirement under CentraUState Government(DDA4M/YYYY) ... ../..... ./.......

7. Address

i. Residential:

Srate:..... -.......,......PIN Code:

Te)ephone /Mobile NoEmail lD:

lt. Office Particulars (If applicable):

State:.............. . .

PN Code:

Telephone /Mobile NoEmail ID:

8, Categor-v(SC/ST/OBC/Geleral):

(e) Plesent post held

(b) Dat€ since held:(c) Whether cadre post or on deputation:

10. Eligibility Criteria and expericnce (Candidates should fill up Annexure -l)

I l. (a) Wlrether an\. punishrnena 1lrr a r(led to ahe applical|t (luring the last l0 years (Y/l.fIlYes. the details thereol

(b) wheaher an!' action or inquiry is pending igainst the applicant (y/N)Ifves. the details thereof:

I

PlaceDate:

(Name and Signature of the applicant)

ANMXURE-Il. Eligibiliq' Criteria for Judicial Members:

Academic Qual itjcations:

(Staning from highest degree obtained since Graduatiou)

Nature and duration ofexperiencc relevirnt for the advertised post and jobdescription:

Name of the

U n lversir;-/Eq uivalen t

Institution

Deg ree Yearpassing

ol Y" ofObtalned

Marks Subjects Specialization

Particulnrs Lcngth of Sen iceWhethcI Eligiblc(Y/N)Front To

Judge

posting

ol the High Corrrt rr ith place o[

Distr-ict Judge and Additioral District Jtrdge

lor a period of l0 I ears s itlt place of post ing

Erpericnce in

En\ ironrnent/Forest Matters

adj udicatin

Adrocatcs practicing tirr a period of l0

\ eir s rr ilh stthstarrtial esperiettce itt

lrtigatiur in nlatters rel;lling to en\ironlrclll

and lirrest in NGT- tliglt Crlun or SttPrenre

CouIt

It.

Arlditional information the can(lidate may furnish rvith regard lo:

(a) Experience in EovironrnenV Forest Matters;

(b) Research publications and reports and sPecial projects:

(c) Auard / Scholarship / Official Appreciation;

(d) Affiliatiorr rvith 0re prolessional bodies / institutions /societies and an1'other information.

(Not€: Documen tvccrtifica(cs etc. submitted in support shall be SelfAttested by the candidate)

DECLARATION

I certify that the tbregoing details f'umished by me are true and I am eligible for rhe

post

I tirrther subrnit my willingness that I willjoin the post, if selected. [n case, I do notjoirr rvithin 30 days of the ofilr of appointrnent or submit my u'illingness, I may be debaned

for a period of three years li'om appointment in all Autonomous Bodies/Statutory bodies/

Regulatorl' Bodies of the Government. I w'ill, belore erttering rpon the office, declare myassets, and my liabilities and flnancial attd other interesls. in accordance rvith Rule l5 oftheTribunal (Condition of Sen ice) Rules, 202 I .

(Name nnrl Signature of the applicent)

Date

(To bc filled bv the Court/Tribunal/Min islq /Dcpartment/Organisa tion concerned forserving applicants)

It is certified that the particulars firrnished above have been scnrtinized and found to be

correct as per official records-

Signature & Designation ofthe competent Fonvarding Authoriry

u ith Telephone No. & O{ficc Seal.

ffi {' s1. qs.-{({)04/o oo7 t2003-10 nEGTSTERED NO. DL-(N)04/000?/2001-10

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PUBLISHED BY AUTI{ORITY

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MINISTRYOF LAWAI{D JUSTICE

(Legislative DePartment)

New Delhi, the Znd June,Z|lilJyaistha 12' 1932 (Saka)

The following Act ofParliament received the assent ofthe President on the 2nd June'

2010, and is hereby published for general information:-

THE NAIIONAL GREEN TRIBTINAL ACT, 20 I O

(No. 19or2010)[2ndJune,2010.l

An Act to provide for the establishment ofaNational Green Tiibunal for the effective

and Lxpeditious disposal ofcases relating to environmental protection and,

conservation offorests and other natural resources including enforcement of

any legal right relating o envirorunent and giving reliefand 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, I972, in which India panicipated,

calling upon the States to take apPropriate stePs for the protection and improvement ofthe

human environment;

ANDwHEREASdecisionswEretakenattheUniti:dNationsConferenceonEnvironmentand Development h eld al Rio de Janetro in June, 1992, in which Irdia participated' calling

upon the Siates to provide effective access ro judicial and administrative proceedings'

iicluding redrcss and remedy and to d€veloP national laws regarding liability and

.o*p"nr-mion for the victims ofpollution and other environmental damage;

2 THE CAZETTE OF INDIA EXTRAORDINARY [P^Rr II-

ANo wHeneas in the judicial pronouncement in India, rhe right to healthy environmenthas been construed as a part ofthe right to life under article 2l ofthc Constirution;

ANo wHsruls it is considered expedient to implcment the decisions taken at rhe

aforesaid conferences and to have a National Creen Tribunal in view ofthe involvement ofmulti-disciplinary issues relating to the environmenr.

8e it enacted by Parliament in thc S ixty-first Year ofthc Republic oflndia as follows: -

CTIAPTER I

PRELIMINARY

l. (/) This Act may be called the NationalGreen TribunalAct, 2010.

.(2,, It shall comc into force on such date as the Central Government may, by notificationin the 0llicialGazette, appoint.

2. (,1) In this Act, unless the context otherwise requires,-

(a) "accident" means an accident involving a fortuitous or sudden orunintendedoccurrence whjle handling any hazardous substance or cquipment, or plant, or v€hicleresulting in continuous or intermittent or repeated exposure to dcath, o[, or, injury to,any person ordamage to anyproperty or environment but does not include an accidentby reason only of*ar or civil disturbance;

(D) "Chairperson" means the Chairperson ofthe Narional Green Tribunal;

(c) "environment" includes water, air and land and rhe inter-relationship, whichexists among and between water, airand land and human bcings, other livingcreatures,plants, micro-organism and property;

(d) "Expert Member" meaDs a member ofihe Tribunalwho, is appointed as such,and holds qualifications spccified in sub-section (2) ofsection 5, and, is not a JudicialMember;

(e) "handling", in relation to any hazardous substance, means the manufacture,processing, treaEnent, package, storage, transport8tion, use, collection, destruction,conversion, offering for sale, transFer or the like ofsuch hszardous substance;

(, "hazardous substance" means 8ny substance or preparation which is defincdas lazardous substance in the Environment (Proleclion) Act, 1986, and excecdingsuch quantiry as specified or may be specified by the Cenrral Government under thePublic Liability Insurance Act, l99l;

@, "injury" includes permanent, partial or total disablement or sickness resultingout of an accident;

(r) "Judicial Member" mcans a memb€r ofthe Tribunal who is qualified to beappointed as such under sub.section (1) of section 5 and includcs the Chairperson;

(r) "notification" means a notification published in thc Oflicial Gazette;

f) "person" includes-

(rl an individual.

(ii) a Hindu undivided family,

Shon rid. and

cq lEtcanEll

Dcfinitions

29 of I986

6 of 1991.

Sec.l l TI]E, AAfrT-TE OF INDIA EXTRAORDINARY

(iil a company,

(rv) a firm,

(v) an association ofpersons ora body ofindividuals, whether incorporaredor not,

(v, trustee ofa trust,

(va) a local authority, and

(viii) every anificialjuridicalperson, nor falling within anyofthe precedingsub-clauses;

(t) "prescribed" mern, prir:b"d by rrles made under this Acr;

(/) "Schedule" means Schedules I, II and III appendcd to this Act;(z) "substantial question relating to environment" shsll include an instance

where,- \(r) there is a direct violation ofa specific statutoryenvironmental obligation

by a person by which,-

(l) the community at large other than an individual or group of. individuals is affecred or likely to be affectcd by the environmcntal

gonsequenccs; or

(8) the gravity of damage to the envjronment or properry issubstantial; or

(C) the damage to public heallh is broadly measurablc;

(,) the environmental consequences relare to a specific activity or a pointsource ofpollution;

(r) "Tribunal" means the National Green Tribunal established under section 3;

(o) "workman" has the meaning assigned to it in thc Workmen's CompensationAct, 1923.

(2) Thc words and expressions used in rhis Act but not delined herejn and defined inlhe Water (Prevention and Confol ofPollution)Act, 1974, Oe Water (Prcvention and ControlofPollution) CessAct, 1977, thc Forest (Conservation) Act, l9EO, the Air (prevention andControl ofPollution)Act, 1981, thc EnvironmEnt (Protection)Act, t986, the public LiabilityInsurance Act, l99l and the Biological Diversity Act, 2002 and other Acts rclating toenvironment shall have the mcaning, respectively, assigned to them in those Acts.

CHAPTER IIEsrAslrstwENT oF THE TruBUNAL

3. Thc Central Covemment shall, by notification, establish, with effect from such dateas may be specified therein, I Tribunal to be known as the National Green Tribunal toexercise the jurisdiction, powcrs and authority conferred on such Tribunal by or under thisAct.

1. (/) The Tribunal shall consist of-(a) a fu[ time Chairperson;

(b) not less than ten but subject to maximum oftwcnty full time Judicial Membersas the Central Govcmmcnt may, from time to time, notiry;

(c) not less than ten but subject to moximum oftryenty full time Expen Members,as the Central Govemment may, from time to time, notiry.

(?) The Chairperson ofth€ Tribunal may, ifconsidered neccssary, invitc any one ormore person having specialised knowledge and experience in a particular case before thcTribunal to assist the Tribunal in that casc.

3

E of 1921

6 of 1974.16 ot 197769 of l9t014 of !98129 of I9866 of 1991.LE of 2003.

Est!blishmentof Tribunal.

Compositionof Tribunrl.

THE OAZETTE OF INDIA EXTRAORDINARY lP^Rr Il-

(-l) The Central Govemment may, by nolification, speciry the ordinary place or places

of sifting of the Tribuna[, and the territorial jurisdiction falling under each such placc ofsitting.

(4) The Central Government may, in consultation with the Chairperson ofthe Tribunal,

make rules regulating generally the practices and procedure ofthe Tribunal including-

(a) the rules as to the persons who shall be cntitled to aPPcar before the Tribunal;

(6) the rules as to the procedure for hearing applications and appcals and other

maners Iincluding the circuit procedurc for hearing at a place other than the ordinaryplace ofits sitting falling within thejurisdiction rcfened to in sub-section (J)1, pcnaining

to lhe applicalions and appeals;

(c) the minimum number of Members who shallhear the applications and apPeals

in respect of any class or classes of applications and appeals:

Provided that the number ofExpcrt Members shall, in hearing an application orappeal, be equal to the number of Judicial Members hcaring such application orappeal;

(d) rules relating to transfer ofcases by lhe Chairp€rson from one place ofsitting (including the ordinary place ofsining) to othe, place ofsining.

5. (1) A person shall not be qualified for appointment as the Chairperson or JudicialMember ofthe Tribunal unless he is, or has been, a Judge ofthc Supreme Coun oflndia orChiefJustice ofa High Court:

Provided thal a person who is or has bccn a Judge of the High Court shall also be

qualified to be appbintcd as a Judicial Member.

(2) A person shall not be qualified for appointment as an Expen Member, unless he,-(a) has a degree in Master of Science (in physical scicnces or life sciences) with

a Doctorate degree or Master ofEngineering or Master ofTechnology and has an

experience offifteen years in the relevanr field including five ycars praclical expcricnc€in the field ofenvironment and forests (including pollution control, hazardous substance

maaagement, environment impact assessment, climate change management, biologicaldiversity management ahd forest mnservation) in a reputcd National level institution; or

(r) has administrative experience of fiftecn years includlng experience of fiveyears in dealing with cnvironmental matleB in the Central or a State Government or ina reputed National or State level instilution.

(J) The Chairperson, Judicial Member and Expen Member ofthe Tribunal shall nothold any other oflicc during fteir tenure as such.

(4) The Chairperson and other Judicialand ExpertMembers shallnot, for aperiod oftwo years from the datc on which they cease to hold ofTice, accept any employment in, orconnected with the management or administration of, any person who has been a party

to a proceeding before rhe Tribunal under lhis Act:

Provided that nothing contained in this section shall apply to any cmployment

under the Central Govemment or a Strte Government or local authority or in any statutoryauthority or any corporation esublished by or under any C€ntral. State or ProvincialActor a Government company as defined in section 61 7 of the Companics Act, 1956- | ofl9J6

6. (/) Subject to the provisions ofsection 5, the Chairperson, Judicial Members and

Expert Members ofthe Tribunal shall be appointed by lhe Central Governmcnt.

(?) The Chairperson shall be appointed by the Central Covernment in consultationwith the Chi€fJustice oflndia.

(J) The Judicial Members and Expen Members ofthe Tribunal shall bE appointed onthe recommendatiols of such Selection Commidee and in such manner as may be prescribed.

4

QualificarionsforappoinlmcnlofChairp.rson,JudicislMEmbcr ardExpc!tMcmbca.

AppoinlncnrofChairpcrson,JudicislM€mber and

ExpertMcmbe r.

SEc.l I THE GAZETTE OF INDTA EXTRAORDINARY 5

7. The Chairperson, Judicial Member and Expert Member ofthe Tribunal shall hold

ofTice as such for a terin offive years from the date on which they cnter upon their oflice, but

shall nor be eligible for re-appointmenr:

Providcd that in case a person, who is or has been a Judge ofthe Supremc Court, has

been appointed as Chairperson or Judicial Member ofthe Tribunal, he shall not hold office

after he has attained the ag€ of seventy years:

Provided further thal in case a person, who is or has been thc ChiefJustice ofa High

Court, has been appointed as Chairperson or Judicial Member ofthe Tribunal, he shall not

hold olIce after he has attained lhe age ofsixty'sevcn years:

Providedalso that irl casc a pcrson, who is or has been a Judge ofa High Court, has

been appointed as Judicial Member of the Tribunal, he shall not hold office after he has

anained lhe age ofsixty-sevcn years:

Provided aJso lhat no Expert Member shall hold office affer he has anaincd thc age ofsixty-five years.

8. The Chairperson, JudiJial Member and Expert Member of thc Tribunal may, by

notice in writing under their hand addressed lo lhe Central Govemment, resign lheir office

9. The salaries and allowances payable to, and the other terms and conditions ofservice (including pension, graruity and other retiremcnt benefits) oi, the Chairperson, Judicial

Member and Expert Member ofthe Tribunal shall bc such as may be prcscribed:

Provided that ncither the salary and allowances nor the other terms and conditions ofservice of the Chairperson, Judicial Mcmber and ExPert Member shall be varied to their

disadvantage after their appointment.

10. (/) Thi Central Government may, in consultation wiah thc ChiefJustice oflndia,remove from olTice of the Chairperson or Judicial Member ofthe Tribunal, who,-

(a) has been adjudged an insolvent; or

(6) has becn convicted of an offcnce which, in thc opinion ofthe Central

Governmenl involves moral turpitudc; or

(c) has become Physically or mentally incapable; or

(d) has acquired such financial or other intcrest as is likely to affect prejudicially

his functions; or

(e) has so abused his position as to render his continuance in oflice prejudicial

to the public interest.

(2) Thc Chairperson or Judicial Member shall not be removed from hisoffice except by

an order made by the Central Government aftcr an inquiry made by a Judgc ofthe Supreme

Court in which such Chairperson or Judicial Member has becn informed of the charges

against him and given a reasonable opportunity ofbcing heard in respect ofthose charges.

(J) The Central Government may suspend from officc the Chairperson or Judicial

Member in respect ofwhom areference ofconducting an inquiry has been made to the Judge

ofthe Supreme Coun under sub-section (2), untilthe Central Government passes an order on

receipt ofthe report ofinquiry made by the Judge ofthe Supreme Coun on such reference'

(r') The Cental Governmcnt may, by rules, regulate the procedure for inquiry referred

to in sub-section (2).

(J) The Expert Member may bc rcmoved from his office by an ordcr of thc Ccntral

Goyemmenton the grounds specified in sulr-seclion (,1) and jn accordancc with the procedure

as may be notified bythe Central Covernment:

Provided that the Expen Mcmbcr shall not be removed unless he has been given an

opportunity ofbeing heard in th€ mattcr.

Il. In the cvent ofthe occunence ofany vacancy in the oflice ofthc Chairperson ofthe Tribunal, by reason of his death, resignation or otherwise, such Judicial Member of the

Tribunal as the Central Government may, bynotificstion, authorise in this behal[, shall act as

the Chairperson until the date on which a ncw Chairperson is appointed in accordance with

thc proviiions ofthis Act.

Tcrm ofoificc and

ot hcrconditions ofservica ofChrirpcrson,,udicialMcnber and

Exp.rtMcnbcr.

Rcsitn!tron

RcrhoYal ardsuspcnsion ofChairpcrson,JudicialMcmbar lndExpcrtMcrflbar.

S8laric!,EllolYlncrt !I|dothcr tarmsrnd condilionsof sarvic.

To ac( as

Chri.p.rsonoI Tribunrl orto dischargchis funclionsin ccrlrincircumslana6s

6 THE GAZETTE OF INDIA EXTRAORDINARY [Perr II-

12. (/) The Centr8l Government shalldetermine thc naore and categories ofthe oflicers

and other employees required to assist the Tribunal in the discharge of its functions

(2) The recruitment ofthe oflicers and other employees ofthe Tribunal shall be made

by the Chairperson in such manner as may be prescribed.

(J) The oltrcers and other employees ofthe Tribunal shall discharge their functions

under the general superintendence of the Chairperson.

(4 The salaries and allowances and conditions of sewice of the officers and other

employees ofthe Tribunal shall be such as may be prescribed. -

13. The Chairperson ofthe Tribunal shall exercise such financial an1l 4dministrativepowers as may be vested in him under the rules made by the Central Government:

Provided lhat the Chairperson may delegate such ofhis financial and administrative

powers, as he may think fit, to any Judicial Member or Expert Member or o{ficer of the

Tribunal subject to the condition that the Member or such officer, while exercising such

delegated powcr, continues 10 act under the direction, control and supervision ofthe'Chairperson.

CHAPTER M

JunrsolcnoN, powERs AND PRocEEDtucs or rHe TntauxA!

1{, (/) The Tribunal shall have thejurisdiction over all civil cases whele a substantial

question relating to environment (including enforcement of any legal right relating toenvironment), is involved and such question arises out of the implementation of the

enactments specilied in Schedule L

(2) The Tribunal shall hear the disputes arising from the questions refened to in sub-

section (1) and settle such disputes and pass order thereon.

(3) No application for adjudication ofdispute under this section shall be entenained

by the Tribunal unless it is made within a period of six months from the date on which the

cause of aclion for such dispute first arose:

Provided that the Tribunat may, if it is satisfied that the applicant was Prevented by

sullcient cause ftom filing the application within the said period, alloe/ it to be filed \,Yithin a

further period not cxceeding sixry days.

15. (1) The Tribunal may, by an order, provide,-(a) reliefand compensatior to the victims ofpoilution and other environmental

damage arising under the enactmenLs specified in the Schedule I (including accident

occuning while handling any hazardous substance);

(r) for restitution ofproperty damaged;

(c) for restitution ofthe environment for such area or areas,

as the Tribunal may think fit.

(?) The reliefand compensation and restitution ofproperty and environmenr referred

to in clauses (a), (6) and (c) ofsub-section (,1) shall be in addition to thc reliefpaid or payable

under the Pub lic Liability Insurance Act, 1991.

(J) No application for grant ofany compensation or reliefor restitrtion ofproPeny or

environment under this section shall be entertained by the Tribunal unless it is made within

a period offive years fiom the date on which thc cause for such compensation or rclief first

arose:

Provided that the Tribunal may, if it is satisfied rhat the aPplicant was prevented by

sufficien! cause from filing the application within the said period, allow it to be filed within a

further period not exceeding sixry 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 orrcliefto the claimants and for restitution ofthedamaged properryr or environment, as it may think fit

Financial and

adminisrsliycpowers ofChairperson.

Smff ofTribunal

Tribullal toscttlc dispDlca.

Rclief,conpensalionandrestilulion.

6 of I99l

Sec.l l THE GAZETTE OF INDI,A EXTRAORDINARY

(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 maybe, compensation or reliefreceived

from, any other court or aul.hority,

16. Any person aggrieved by,-(a) an order or decision, made, on or after the commenccment of the National

Green TribunalAct, 2010, by the appellate aulhority und€r section 2E ofthe Water

(Prevention and Control ofPollution) Act, 1974;

(6) an order passed, on or anerlhe commencement ofthe National Green Tribunal

Act,20l0, by the State Government under section 29 ofthe Water (Prevention and

Control of Pollution) Act, 197 4;

(c) direclions issued, on or after the commencement of the National Green

TribunalAc! 2010, by a Board, under section 33Aof the Water (Prevention and Control

ofPollution)Act, 1974;

(d) an order or decision made, on or after the commencement of the National

Green Tribunal Act. 2010, by the appellale authority under section l3 of th€ Water

(Prevention and Control ofPollution) CessAct, 1977;

(e) at order or decision made, on or after lhe commencement of the National

Green TribunalAct, 2010, by the State Govemment or other authority under section 2

ofthe Forest (Conservalion) Act, 1980;

(fl an order or decision, made, on or aft€l the commencement of the National

Green Tribunal Act, 2010, by the APpellate Authority under section 3l of the Air(Prevention and Conlrol ofPollution) Act, l98l;

(g) any direction issued, on or after the commencement ofthe National 6reen

Tribunal Act, 2010, under section 5 ofthc Environment (Protection) Act, I986;

(/,) an ordermade, on or after lhe commencement ofthe National Green Tribunal

Act, 20i0, 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 cartied out subject to certain safeguards under the Environment

(Protection)Act, 1986;

(r) an order made, on or aftcrthe commencement ofthe NationalGreen Tribunal

Act,20l0, refusing to Srant environmental clearance for carrying out any sctivity or

operation or process under the EnvironmEot (Protection) Acl, 1986;

U) any determination of benefit sharing or order made, on or after the

commencement ofthe National Creen TribunalAct, 2010, by the National B iodiversity

AurhorityorastateBiodiversityBoardundertheprovisionsoftheBiologicalDiversityAct"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 satislled that the aPpellant was prevented by

suflicient 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'

,|

Tribunal lohave appellarejurisdictioo.

6 ot 1974

6 of 1974-

5 of 1914

!6 ol 1971

69 of 1980,

14 of l9El

29 of l9E6

29 ol 1986

29 of 1986

lE of 2003

t7. (,1) Where death of, or injury to, any person (other than a workman) or damage to

uny p.oprrty or environment has resulted from an accident or the adverse impact of an

ucii"iry or ope.ution or Process, under any enactment specified in Schedule I, the person

,.rponribl. ,ttull b. tirbtt to Pay such relief or compensation for such death' injury or

damage, under all or any ofthe heads specified in Schedule II, as may be determined by the

Tribunal-

(2) Ifthe death, injury or damage caused by an accident or the adYers€ impact of an

activity or operation or process under any enaclment specified in Schedule I cannot be

Liability lopay ,.lief orcompcnsatiollin cerlaincascs.

THE GI.ZETTE OF INDIA EXTRAORDINARY [Panrll-

atributed to any single activity or operation or process but is lhe combined or rcsultanr

effect ofseveral such activities, operations and processes, the Tribunal may, sPPortion the

liability for reliefor compensation amongst those responsible for such activities, operations

and processes on an equitabl€ basis.

(3) The Tribunal shall, in case ofan accident, apPly the principle ofno fault.

I t. ( /) Each app lication under sections l4 and I 5 or ar appeal under scclion I 5 shall,

be made to the Tribunal in such form, contain such particulars, and, be accompanied by such

documents and such fecs as may be prescribed.

(2) Wirhout prejudice to the provisions contained in scction 16, an application for

grant ofreliefor compcnsstion or settlement o{.di3pute may'be madc to the Tribunal by-(a) the person, who has sustained the injury; or

(5) the owner ofthe property to which the damage has bcen caused; or

(c) where death has resulted from the envlronmental damage, by all or any ofthelegal representatives oflhe deceased; or

(a) any agent duly authorised by such person or owner of such property or all

or any ofthe legal representatives ofthe deceased, as the case may be; or

(e) any person aggrieved, including any representative bodyor or8snisalion; or

(/) the Central Governmcnt or a State Government or a Union territoryAdministration or the Central Pollution Control Board or a Stat€ Pollution ControlBoard or a Pollution Control Comminee or-a local authority, or any environmeotalauthority constituted or established undcr the Environment (Protection) Act, I 96 6 or 2 9 of l9 86

any other law for the time being in force:

Provided that where all the legal representatives ofthe deceased have notjoinedin any such application for compcnsation or relief or settlement of dispute, theapplication shallbe made on behalfofi, or, for the benefir ofall the legal representatives

ofthe deceased and the legal representatives who have not sojoined shall be impleaded

as respondenb to the application;

Provided firrlher that the person, lhe olr'ner, the legal representative, agent,

representative body or organisation shall not be cntitled to make an application forgrant ofreliefor compensation or settlement ofdispute ifsuch Person, the owner, thc

legal represcntative, ag€nt, represenEtive body or organisation have prefened an

appeal under section I6.

(J) Thc application, or as the case may be, the aPPcal filed before the Tribunal under

this Act shall be dealt with by it as exp€ditiously as Possible and endeavour shall be made by

it to dispose ofthe application, or, as rhe case may be, the appeal, finally within six months

from the date offiling ofthc application, or as the case may be, the appeal, after providing the

parties concemed an opportunity to be heard.

19. (/) The Tribunal shall not be bound by the procedure laid dovm by the Code ofCivilProcedure, l90t but shall be gu ided bythe principles ofnamraljustice. 5 of leol.

(?) Subject to the provisions of this Act, the Tribunal shall have power to regulate its

own procedure.

(J) The Tribunal shall also not be bound by the rulcs ofevidcnce contained in the

Indian EvidenccAct, 1872. I of lt72'

(4) The Tribunal shall have, for thc purposes ofdischarging its functions under this

Act, the same powcrs as are vested in a civil court under the Code of C ivil Procedure, I 908, 5 of 190t.

while trying a suit, in respect of the following matters, namely:-

. (a) summoning end enforcing the ancndance ofany Person and examining him

on oath;

8

Applicarionor sppeal {oTribun!1.

Proccdurc andpowcrs ofTribunrl

TT{E CAZETTE OF INDIA EXTRAORDTNARY 9Ssc.l l

45 of 1860

z ol 1914.

I of I t72

5 of 1908

(6) requiring the discovery and production ofdocuments;

(c) receiving evidence on atldavits;

(d) subject to the provisions ofsections l?3 andl24 ofthe Indian Evidence

Acl, 1812, 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 documenls:

(/) revicwing its decision;

(g) dismissing an application for dclault or deciding it ex porte;

(i) sening aside any order of dismissal ofany application for default or any

order Passed bY il er Parlei

(r) pass an interim order (including granting - an

. injunction or stay) aner

providinB the Parlies concerned an opportunity to be heard' on any application made

or apPeal filed under this Act;

!) pass an ordcr requiring any pelson to cease and desisr from commining or

causin! any violation ofany enaclment specificd in Schedule I;

(t) any other maner which may be prescribed'

(J) AII proceedings before the Tribunal shall be deemed to be thejudicial proceedings

within the meaning ofsJctions 193, 219 and 228 for the purposes ofsection 196 ofthe Indian

i;,iri i"a. and ihe Tribunal shall be deemcd to be a civil coun for the purposes of

ieciion f SS ana Chapter XXVI ofthe Code ofCrirninal Procedure' 1973 '

20' TheTribunal shall, whilc passing anyorder or decisi0n or award, apply t}re principles

ofsustainable development, the precautionary principle and the polluter pays principle'

21. The decision ofrhe Tribunal by majorify of Members shall be binding:

Provided that if there is a difference of opinion among the Members hearing an

,nnri""iioi oi uop.ul, and the opinion is equally iivided, the Chairperson shall hear (ifhe

;Xffiil;il;; .u"tt ofptl"urion ot appeal) such application or apPeal and decide:

Provided funher lhat where the Chairperson himself has heard.lch application or

,"."ri ,ionn*itt other Members ofthe TriLunal' and if there is a difference of opinion

;;ffi il; fr;;;; ;;:;;;,*"' and the opinion is equallv devided'.he shall refer the

,rn.ia "arr",

Members of the Tribunal who shall hear such application or appeal and

decidc.

22. Any person aggrieved by any award' decision or order ofthe Tribunal' may' file an

"ro*ii"'iiJ !uprr..-6ou,t, witttin ninety days from the date of communication of the

;ffi: ;:.il;;;rJ.,. oiir,.r'iuunor, to hi'' on onv ont or more of the grounds specificd

in seciion l00ofthe Code ofCivil Procedure, I90t;

Provided that the SuPreme Court may entertair any appeal after the expiry of

,i"r,ri"y., li ii i, *irti"a tftut the appeltant was prevented by sufiicient cause from

prefening the aPPeal.

23. (1) While disposing of an application or an appeal undcr this Act' the Tribunal

stratl nave'power to mui.e su.h otdtt at to costs' as it may consider necessary'

(2) Where the Tribunal holds tlrat a claim is not maintainable' or is false or vexatious'

-a '.Li.ruim is aisallowed, in whoie or in pan, the Tribunal may, if.it so thinks fit, aflcr

r.*;;;;;';;;";. ioiloroing "ti ttaim to be ralse or vexatious' mak€ an order to award

"otir, i"irai"g lost benefits due to any interim injunction'

,d /,1) where anv amount by way of compensation or relief is ordered to be paid

,rd.r;;;;;.;';;;ta.i iuat uv 'i't

r'ilunal on thc ground ofanv damage to environment'

iir,lr"'r^t ,i"I ut remined to ihe suthoriry specified undersub-section (3) ofsection 7A

of the Public Liability Insurance Ati, t fs t ioi U"ing "redited

to the Environmenlal Relief

Fund established under thal section'

Tribunal loapply certainptinciples.

D.cision tob. takcn bY

m6jority.

Apneal to

SIprcmeCourl.

Cost

Dcposil ofamounlpryablc fordamage rocnvironmcnt

6 of l99t

IO THE GAZETTE OF INDIA EXTRAORDINARY [PmrlI-

Ex.cution ofiward or ordrror drcis,on ofTtibunal.

(2) The amount ofcompensarion or reliefcredited ro the Environmenral RelielFundunder sub-section (/), may, notwithstanding anything contained in th€ pubric LiabilityInsurance Act, 1991, be utilised by such persons or authority, in such manner and for sucirpurposes relating to cnvironment, as may be prescribed.

25. (/) An award or order or decision ofthe Tribunar under this Act shal be executabreby the Tribunal as a decree ofa civil court, and for this purpose, the Tribunal shall have allthe powers ofa civil court.'

(2) Notwithslanding anything conrained in sub-section (/), the Tribunal may transmitany order or award made by it to a civil court having locar j urisdiction and such iivir counshall execute the ord-c; or award as ifit were 8 decree made by that court

(J) Where the person responsible, for death of, or injury ro any p€rson or damage toany property and environmen!, agajnst whom the award or order is mide by the Tribinal,faih to make.thc paym€nt or deposit the amount as directed bythc Tribunarwithin the perioiso specified in the award or order, such amount, without prejudice to the filing ofcomplainrfor prosccurion for an offence under tliis Act or anyother rawfor the time being in force, shaflbc recoverable from the aforesaid person as arrears ofland revenue or ofpublic demand.

CHAETERIV

Pexerrv

26. (l) whoeve4 fairs to compry wirh any order or award or decision ofthe Tribunarunder this Act, hc shall be punishable with imprisonment for a rerm which may extend rothree years, or with fine which may extend to ten crore rupees, or with both anjin case thefailure or contravention continues, with additionar fine which may extend to twenty-fivethousand rupees for every day during which such failure or contravention continues afterconviction for the first such failure or contravention:

_ . Provided that in case a company fails to comply with any order or award or a decisjonof the Tribunal under this Act, such company shall bc punishable wjth fine which mayextend totw€nty-five crore rupees, and in case the fairuri or contravention continues, wit[radditional fine which may extend to one lakh rupees for every day during which such failureoI conkavention continues after conviction for the first such failure or contraveation.

(a NoMithstanding anything contained in fte Code of Criminal procedure, 1973,evcry^ofrence under this Acr shall b€ deemed to be non-cognizabre within the meaning ofthesaid Code.

27. (l) Where any offence undcr this Act has been commifted by a company, everyperson who, at the time the offence was committed, was directly in iharge o{, and wasresponsible to the company for the conduct ofthe business ofthe company, as well as thecompany, shall be deemed to be guilty of the offence and shall be liable to be procecdedagainst and punished accordingly:

Provided that nothing contained in this sub-section shall render any such personIiable to any punishment provided in this Act, ifhe proves that the offence was committedwithout his knowledge or that he had exercised a duc diligence to prevent the commiss ionofsuch offence.

(2) Norwithstanding anything contained in sub-section (/), wherc an offcnce underthis Act has been committed by the company and it is proved that fte ofFence has beencommitted with the consent or coDnivance of or.is attributable to any neglect on the pan of,any director, manager, secrctary or other ofliccr of the company, such director, manager,secretary or othe, officer shall arso be deemed to be guirty ofthat offence and shal be riabrcto be proceeded against and punished accordingly.

Dxplanation.- Fot the puryoses of this section,-(a) "company" means any bodycorporate and includcs a firm or other association

of individuals; and

(6) "director" in relation to a firm means a partner in th€ firm.

5 of l99l

2 of 1974

P.nalty forfrilurr tocomply withordc[s ofTribunal.

OIf.ncEs bycompanics.

SEc.ll THE GAZETTE OF INDI,A EXTRA

CI{APTER V

MIsCELLANEous

ORDINARY l1

.28. (/) Whcre any Department ofthe Government fails to comply with any order oraward or decision ofthe Tribunar under this AcL the Head ofthe Depart'mcnt shar be deemed

to be guilty ofsuch failure and shar be riabre to be proceeded alaiist ior traving comn.,ineoan offence under this Acr and punished accordingly:

,,"^," l^r:::9:19-T:"-llngronraincd in rhis secrion shal render such Head oflhe Deparrmenl,aore ro any punrshment il he proves that the offence was committed without his knowledgeor that he exercised all due diligcnce to prevent the commission ofsuch offence.

.,.,- ^ lilli*l,hoanding anything contained in sub-section (.r), where an offence under(nrr Acr nas Deen commined bv a Department oflhe Government and it is pioved thar theoffence has been commined ruitt thi .onr.nt o, ;;#;;;;il'a*ributibre to anyn€glect on lhe parr of any ofticer, other rlon m" U.aa ofti. O.purrrniii ,u.r, om..r rt uttalso. be deemed to be guilry ofrhar offen." uno Juff u.-tiuUfIiSi" iroi""o"a

"guin., unapunished accordingly.

Offenc.s bJ,

GovcrnnrenlDcpa m€ot.

45 of lt60

29. (1) With effecl from the date ofestablishmcnt ofthe Tribunal under lhis Act, nocivil coun shall havejurisdi*ion ro entena;, .ny upp.ui ii-r..pe"ilii-ry mun.r, ,rr,rcr, rr,"Tribunal is empowered to determine und., ir, ,pp.it'ut.;urirj dil";. ' -"

(2) No civil coun shall have jurisdiction to senle dispute or enterain any question

:"_11:llg-:"_ *y:lil, for granting any retiefor compensation oriestitution ofproperty damagedor envronmenr damaged which may be adudicaied upon by tne friiunat, anj noir;_rrion,n respect of any action taken or to be taken by o, l.f"r', tt. iiiUrn-al in resplct of rhesettlement of such disDute or any such ctri, ro, gruntnj ;;y ;i;i; compensation orrestitution ofproperry damaged oi environm.rr aria!"J iir'iii"g."r"i uy ,f," civit court.

30. (/) No court shall take cognizance of any offence under this Act except on acomplaint made by-(a) the Central Governmenl or any authority or officer authorised in this behalfby that Government; or(6) any person who has given notice ofnor ress than sixty days in such manner

as may be presffibed, ofthe alleged offence and ofhis inteni'ioi to-mate a complaint,to the Ccntral Government or th; authority or officer authoiiraa *'"for..uia.(2) No court inferior !o lhat of a Metrololitan Magistate or, a Judicial Magisrate ofthe firsr class shall try any offence punishabG under thiiAct.

^ . 31. The Chairperson, the Judicialand Expert Members, omcers and other employeeso fthe Tribunal shar be deemed to be pubri. t.rr-t *,iiiii-i.-*"-in! orsection zI ortheIndian Penal Codc.

Mcmb.rs andsr6IT ofTribuml to b.public scrvallli.

Cognizanc. ofoffcnccs.

Bar ofjurisdicl,on

Protcction ofaclion lakan ingood faith.

^^..-111lJ *" ,^l't or orher legat proceeding sha Iie against rhc emptoyees ofrhe Centratuovemment or a Sate Government or anystatutory authority, for anfhing which is in good

failh done or intended m be donc in pursuance ofthiiect or anjrrle oio,J.r rua. ,rr"und".

_ ._.(2)Nosuit,prosecutionorotherregarproceedingshaflrieaga.instthechairpersonor,Judicial Membe_r or Expert Member.of tle tribunal oi -yott "i"p.iron

authorised by rheChairperson or Judicial Member or tlrc Experr Uember foi anytf,iig *ir'i"f, i. in good fairhdone or intended to be done in pursuance of this A"r o, ury ai"-o.'orOcr made thereunder

,33..The provisions ofOis Act, shall have effect notwitlsranding anything inconsisrent

contained in any other law for the time being in force or in any in.,.ir.i, f,rrirg effect byviroe ofany law other than this Act.

34. (/) The Cenral Covemmentmay, bynolificarion, amend $c Schcdule I by includingtherein any crherAcr, enacted bv parliamint i,""irg ,.g*d r; ,i.-Jll,ir" "f.r"ironmenralprotection and conseryation ofnatural resources, or omining theiefrom any Acl alreadyspccified therein and on lhe darc of publication ,f,r"h ;;;i;;i;;; such Act siafl bedeemed to be included in or, as the case may be, omilted from rhe Schejule t.

Act to hrv!oyerndingeffcc t-

6mcndSch€dulc I

r]

t2 THE CAZETTE OF INDIA EXTRAORDINARY [P^Rr II-

Powcr lomakc rulcs.

(2) A copy of every notification proposed to be issued under sub-section (/)' shall be

laid in diaft before each iouse ofparliamenr, while it is in session, for a roml period ofthirry

days uhich may be comPrised in one session or in two or morc successive sessions' and if'

beiore the expiry ofthe session immediatety tollowing the session or the succcssive sessions

aforesaid, boih Houses agree in disapproving the issue of the notification or both Houses

agree in making any modification in the notilication, the notification shall not be issued or, as

tlie case may bi, shall be issued only in such modified form as may bc agreed upon by both

the Houses.

35.(/)TheCentralGovemmenrmay,bynotificationinthcOfticialGazette,makerulcsf6itarrying out the provisions of this Act.

(7) In particular, and without preiudice to lhe Senerality ofthe foregoing power, such

rules may provide for all or any oflhe following matters, namely:-

(a) rules as to the persons who shall be entitled to appear before the Tribunal

under clause (a) ofsub-seclion (4) ofsection 4;

. (r) the procedure for hearing aPPlications and aPpeals and other matters

penaining to ihe applications and appeals under clause (6) of sub'scction (r') ofsection 4;

(c) the minimum number ofmembers who shall hear the applications and aPPeals

in respect ofany class or classes ofapplicalions and appeals under clause (c) ofsub-

section (l) ofscction 4;

(d) the transfer ofcases by the Chairperson from one place ofsitting (including-

the ordinary place ofsining) to other place ofsitting;

(e) the selection committee and the manncr ofappointrnent oftheJudicial Member

and Expert Member ofth€ Tribunal under sub-section (J) ofsection 6;' A the salaries and allowances payable to, and other terms and conditions of

service (including pension, gratuity and oth€r retiremenl benefis) o[, the Chairperson,

Judicial Member and ExPert Member ofthe Tribunal under section 9;

(g) the procedure for inquiry ofthe charges against the Chairperson or Judicial

Member ofthe Tribunal under sub-section (4) ofsection l0;

(lr) the recruitment ofoflicers and other employees ofthe Tribunal under sub-

secrion (2) of section 12; and the salaries and allowances and other conditions ofservice ofthe oflicers and other employecs ofthe Tribunal undcr sub'section (l) oIthat section;

(0 the financial and administrative Powers to be exercised by the Chairperson ofthe Tribunal under section l3;

fi) thc form ofapplication or appeal, the particulars which it shall contain and lhe

documents to be accompanied by and the fees payable under sub'section (/) ofsection I E;

(t) any such mattcr in resPect ofwhich the Tribunalshall have Powers ofa civil

, - court under clause (t) ofsub-section (4) ofseclion 19;

' (/) the manner and the purposes for which the amount ofcompensation or relief

credired to the Environment Relief Fund shall be utilised under sub-section (2) ofsecrion 24;

(zr) the manner ofgiving notice to make a complaint under clause (6) ofsub-

section (,/) ofsection 30;

(r) any other matter which is required to be, or may be, sPecified by rules or in

respecr of which provision is to be made by ruies.

(3) Every rule made under lhis Ac! by the Cenlral Govemment shall be laid. as soon as

may be after it is made, before each Hotlse ofParliamenl, while it is in session, for a toral

period of thirty days which may be comprised in one session or in two or more successive

iessions, and if, before the expiry ofthe session lnmcdiately following thc s€ssion or the

THE QAZETTE OF INDIA EXTRAORDINARY tlSrx.ll

successive sessions aforesaid, both Houses agree in making any modificalion in the rule or

i"ii rl"rt.. .g*t ,hat the ruie should not be made, the rule shall thereafler have effect only

in ,u"r, rnoalri"a form or be of no effect, as the case may be; so, however, that any such

moJification or annulrnent shall be withoul prejudice to the validity ofanyhing previously

done under that rule.

36. The enactments specified in the Schedule III to this Act shall be amended in the

manner specified therein and such amendments shall take effect on the date ofestablishmenr

ofthe Tribunal.

37. (1) Ifany difficulty arises in giving eff€ct to the Provisionsofthis Act' the Central

Go"rrn."ni, may, by ordei published in the o{ncial Gazene, makfsjtrch provisions' not

iil"onrirt.nt *itt i'tte irovisions ofthk Act as may aPpear to it to be necessary for removing

the dillicultY:

Provided that no such order shall be made after the expiry ofa period oltwo years ftom

the commencement of this Act. \

(2) Every order made under this seclion shall be laid, as soon as may be after it is made'

before each House ofParliament.

38. (.I) The National Environment Tribunai Act, 1995 and the National Environment

e,ppeliab authority Act, 1997 are hereby repealed (hereinafter referred to as the rePealed

Act).

(2) Notwithstanding such repeal, anythin8 done or any sction.taken under the said

ecu ,nil b" d""r"d to hive been done or taken under the conespondirtg provisions ofthis

Act.

(3) The National Environment APpellate Authority established under sub-section ('l)

of r""iion 3 of the Nalional Environment Appellate Authority Act, 1997 ' shall' on the

establishmentoftheNationalGreenTribunalundertheNationalGreenTribunalAct'2010'stand dissolved.

,(y') On the dissolution ofthe National Environment APPellate Authority established

under sub-section (1) of section 3 of tbe National Environment ApPellate Authority

A.t, is9z,,t" persons appointed asthe Chairperson, Vice-chairperson and every other

p"rron uppoint"O as Memler of the said National Environment APPellate Auhority and

iotoing omr" u.,uch immediately before the establishment oftheNational Green Tribunal

under ihe National Green Tribunal Act,20l0, shall vacate their resPective offices and no

such Chairperson, Vice'chairperson and every other person appointed as Member shall be

entitled to "lui,

uny aorpan.ation for the Premature termination oflheterm of his officc

or ofany contract ofservice.

(5) All cases pending before the National Environment Appellate Authority established

under sub-section (/) oisection 3 of the National Environment Appellate Authority

e"t, tSgZ on ot U"foie the establishment ofthe National Green Tribunal under the National

Gieen triUunat,q.ct, 2010, shall, on such establishment, stand transferred to lhe said

National Green Tribunal and the National Green Tribunal shall dispoie ofsuch cases as if

(fl The oflicers or other emPloyees \'vho have been, immed iately before the d isso lution

of the I.iarional Environment Aipellate Authoriry appointed on depubrion basis to the

National EnvironmentAppellate Authority, shall, on such dissotution, stand reverted to their

parent cadre, Ministry or Department, as the case may be'

(DOn the dissolution ofthe National EnvironmertAppellate Authority' the ofiicers

and otirer "mployees

aPpointed on contract basis under the National Environment Appellarc

ar,fr*ity "rif,"ialng

oi'li"" ut such immediately before such dissolution' shall vacatetheir

r".p"atii" ofii"es a-rd such officers and other employees shall be entitlcd to claim

.oip.ntution for three months' pay and allowances or pay and allowances for the

Amcndmcntof qcnain

cnactmcnts.

Powot to

removcdiflicultrcs

,1 ot 1995

22 of 1997

Repeal and

savings.

22 o{ 1997

22 of 1997 ,

1? ol 1997 ,

l4 THE GAZETTE OF INDIA EXTRAORDINARY [P^.Rr II-

remain ing period ofservice, whichever is less, for the Premature termination ofterm ofthcir

oflice under their contract ofservice.

(8)ThementionoftheparticularmatteBrefenedtoinsub-sections(?)to(7)shallnotUe hetO io prejudice or affeci the general application of section 6 of the General Clauses

Act, 1897 with regard to the effect ofrepeal' l0 oi 1897

SEC.ll THE GAZETTE OF INDIA EXTRAORDINARY t5

SCIIEDIJLE I

lSee sections l4(/), I 5(.1), l7( /)(a), 11(2)' 19Q) Q) znd 3aQ))

l. The Water (Prevention and Control ofPollution) Act' 1974;

2. The Water (Prevention and Control ofPollution) Cess Act 1977;

3. The Forest (Conserealion) Act, 1980;

4. TheAir (Prevention and Control ofPollution) Act, l98I;5. The Environment (Protection) Act, 1986;

6. The Public Liability InsuranceAct, I99l;7. The BiologicalDiversityAct,2oo2. \

l6 THE GAZETTE OF INDIA EXTRAORD]NARY [PARr U-

SCHEDULE tr

lsee sections l5(O and 17(l))

Helos ulogn wxtcg coMPENsATIoN oR RELIEF IjoR DAIIAGE MAY BE CLAIMED

(a) Death;

(b) Permanent, remPorary total or panial disability or other injury or sickness;

(c) Loss ofwages due to total or Partial disability or Permanent or lemporary disability;

(d) Medical expenses incurred for heatment of injuries or sickness;

(e) Damages to private propeny;

(ll Expenses incuned by the Govemmentor any local authority in providing relief, aid

and rehabilitation to the affected persons;

(g) Expenses incuned by the Govemment for any administrative or legal action or to- iope with any harm or damage, including comPensation fol environmental

degradation and restoration of the quality of environment;

(i) Loss to the Government or local authority arising oul of, or connected with, the

activity causing any damage;

(r) Claims on account ofany harm, damsge or dcstruction to the fauna including milch

and draught animals and aquatic fauna;

(r) Claims on account ofany harm, damage or destruction to flora including aquatic

flora, crops, vegetables, trees and orchards;

(,t) Claims including cost of restoration on account of any harm or damage to

environment including pollution ofsoil, air, water, land and eco-systems;

(f Loss and destruction ofany proPerty other than Private property;

(z) Loss ofbusiness or employment or both;

(z) Any other claim arising out oi or connected with, any activity of handling ofhazardous substance.

Srr.ll THE GAZETTE OF INDI,A EXTRAORDINARY !7

SCHEDULE Itr(,See sertion 36)

AMENDMENT TO CERTAIN ENACTMEMTS

, PARTI

AMEMDMENT To rrE Weren (PnevemoN exo Coxrnol or Pot-lurtoN) Acr, I974

(6 oF 1974)

After section 33A, the following section shall be inserted, namely:-

"33B. Any person aggrieved bY,-(a) an order or decision ofthe appellate authority under seclion 28,

made on or after the corn nencement ofthe National Grcen TribunalAct, 2010; or

(6) an order passed by the State Govemment under section 29, on or after

the commcncement ofthe National Green Tribunal Act, 2010; or

'(c) directions issued under section 33A by a Board, on or afler the

commenccment ofthe National Green Tribunal Act, 2010,

rnay file an appeal to the National Creen Tribunal established under scction 3 oftheNational Green TribunalAct, 2010, in accordance with the provisiors ofthatAct.".

PARI II

AMENDMEMTS ro rHE WArm (PREVENTIoN Auo Cor.'mol or Pou-urtoN) CEss Acr, 1977

(36 oF t977)

I . In section 13, in sub-section (4), for the words "shall be final", the words, figures and

letters'shall, ifno appeal has been filed under scction l3A, be frnal" shall be substituted.

2. After section 13, the following section shall be inserted, namely;-

" 13A. A-ny person aggrieved, by an order or decision ofthe appellate authority

made under seclion 13, on or after the commencement ofthe National Green Tribunal

Act,20l0, may file an appeal to the National Green Tribunal esablished under section 3

ofthe National Green TribunalAct, 2010, in accordance with the Provisions ofthatAct.".

PARTIII

AME}.JDME}{T ro rHE FoRrsr (CoNsERvAnoN) Am, I i80

(69 or 1980)

Afler section 2, the following section shall be insened, namely:-

"2A. Any person aggrievcd, by an order or decision ofthc State Government or

other a)thority made under seclion 2, on or afler the commenccment ofthe National

Green TribunalAct,20l0, mayfile an appeal to the National GreenTribunal established

undcr section 3 of the National Green Tribunal Act, 2010, in accordance with the

provisions of thal Acl.".

Appcal toNational GrccnIribun!l

Insartroo ofncw sallion3lB

Amandmcnt ofseallon IJ-

Inscrtion ofncw lcction,3A,

Appal ro

NstionalOrecnTribunal

Insenicn o{natY scction

2,A,

Appcrl ro

NationalCrecnTribunol

18 THE GAZETTE OF INDIA EXTRAORDINARY [PARr II-Src. t ]

Inrertion ofnew section3tB.

Appeal ro

NationalGrecnIrbwal.

[nscrlion ofnew section5A.

Appcal loNational Green

Tribunal.

Amendmentof scatron 52.

lflscrlioI ofnew saction52A.

PARTIV

ANrexorvsNr ro tne Aln (Pruvrurlox ,rNo CoNTRoL oF PoLLUTIoN) Acr' l98l

(14 or l98l)

After section 3 tA, the following section shall be inserted, namely:-

"3 I B. Any person aggrieved by an order or decision ofthe Appellate Authority

under section 3 i, made on or after lhe commencement ofthe Natioial Green Tribunal

ect,20l0, may file an appealto the NationalGreen Tribunal establisfiEfnder section 3

of tire National Creen Tribunal Act, 2010, in accordance with the provisions ofthat

Act.".

AMENDMENT ro rHE ENvIRoNMENT (PRorEcrloN) Acr, 1986 \

(29 or 1986)

After section 5, the following section shall be inserted, namely:-

"5A. Any pelson aggrieved by any directions issued under section 5, on or after

the commencement ofthe National Green TribunalAct,20l0, may file an appeal to the

National Grcen Tribunal establishcd under section 3 ofthe National Green Tribunal

Act,20l0, in accordance with the provisions oflhatAct.".

PART vI

AMENDMEMTS ro rHE BIoLoctc,u Dtversnv Acl, 2002

(18 oF2003)

I . [n section 52, after the proviso, the following provisos shall be inserted, namely:-

"Provided further that nothing contained in this section shall apply on and from

the commencemen! ofthe National Green Tribunal Act, 2010:

Provided also that any app€al pending before the High Court, before the

commdncement ofthe National Green Tribunal Act, 2010, shall continue to be heard

and disposed of by the High Coufi as if the National Green Tribunal had not been

established under section 3 ofthe National Creen Tribunal Act,2010."'

2. After section 52, the following section shall be inserted, namely:-

"52A. Any person aggrieved by any determination ofbenefit sharing or order ofthe National BiodiversityAuthority or a State Biodiversiry Board under this Act, on or

after lhe commencement ofihe National Green Tribunal Act, 20 10, may file an appealto

the NationalGreen Tribunal established under section 3 oftheNational Cr€en Tribunal

Ait, 2010, in accordance with the provisions ofthatAct."

V K. BHASIN,Secy. to the Govt. of lndia.

PRINTED BY THE GENEML AIANACER, GOVT, OF INDIA PRESS' MINTO ROAO, NEW DELHI

AND PUBLISHEO BY THE CONTROLLER OF PUBLICATIONS DELHI'2OIO,

Appcal 10

Nrtional Craen

Tribunal.

GMGTPMRND-2658GI(S4)-03-0G20',10