SectionsParticulars
Chapter IPreliminary
1Short title and commencement
(1) This Act may be called the National Environment Appellate Authority Act, 1997.(2) It shall be deemed to have come into force on the 30th day of January, 1...
2Definitions
In this Act, unless the context otherwise requires,-(a) "Act" means the Environment (Protection) Act, 1986 (29 of 1986);(b) "Authority" means the National En...
Chapter IIEstablishment of Authority
3Establishment of Authority
(1) The Central Government shall, by notification in the Official Gazette, establish a body to be known as the National Environment Appellate Authority to exe...
4Composition of Authority
The Authority shall consist of a Chairperson, a Vice-Chairperson and such other Members not exceeding three, as the Central Government may deem fit....
5Qualifications for appointment as Chairperson, Vice-Chairperson or Member
(1) A person shall not be qualified for appointment as a Chairperson unless he has been -(a) a Judge of the Supreme Court; or(b) the Chief Justice of a High ...
6Vice-Chairperson to act as Chairperson or to discharge his function in certain circumstances
(1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the Vice-Chairperson shal...
7Term of office
The Chairperson, the Vice-Chairperson or a Member shall hold office as such for a term of three years from the date on which he enters upon his office, but sh...
8Resignation and removal
(1) The Chairperson, the Vice-Chairperson or a Member may, by notice writing under his hand addressed to the President, resign his office:that the Chairperson...
9Salaries and allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and Members
The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chai...
10Vacancy in Authority not to invalidate acts or proceedings
No act or proceedings of the Authority shall be questioned or shall be invalid merely on the ground of existence of any vacancy or defect in the establishment...
Chapter IIIJurisdiction and Powers of Authority
11Appeals to Authority
(1) Any person aggrieved by an order granting environmental clearance in the areas in which any industries, operations or processes or class of industries, op...
12Procedure and powers of Authority
(1) The Authority shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of n...
13Financial and administrative powers of Chairperson
The Chairperson shall exercise such financial and administrative powers as may be vested in him under the rules:that the Chairperson shall have authority to d...
14Staff of Authority
(1) The Central Government shall determine the nature and categories of the officers and other employees required to assist the Authority in the discharge of ...
Chapter IVMiscellaneous
15Bar of jurisdiction
With effect from the date of establishment of the Authority, no civil court or other authority shall have jurisdiction to entertain any appeal in respect of a...
16Proceedings before the Authority to be judicial proceedings
All proceedings before the Authority shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 o...
17Members and staff of Authority to be public servants
The Chairperson, the Vice-Chairperson and the Members and the officers and other employees of the Authority shall be deemed to be public servants within the m...
18Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central Government or against the Chairperson, the Vice-Chairperson or a Member of the Au...
19Penalty for failure to comply with orders of Authority
Whoever fails to comply with any order made by the Authority, he shall be punishable with imprisonment for a term which may extend to seven years, or with fin...
20Offences by companies
(1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and ...
21Power to remove difficulties
(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 such...
22Power to make rules
(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.(2) In particular, and without prejudice to the genera...
23Repeal and saving
(1) The National Environment Appellate Authority Ordinance, 1997 (Ordinance No. 12 of 1997), is hereby repealed.(2) Notwithstanding such repeal, anything done ...
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