Sections Particulars
Chapter I Preliminary
1 Short title and commencement
(1) This Act may be called the National Environment Tribunal Act , 1995.(2) It shall come into force on such date or dates as the Central Government may, by n...
2 Definitions
In this Act, unless the context otherwise requires,-(a) "accident" means an accident involving a fortuitous or sudden or unintended occurrence while handling ...
Chapter II Compensation For Death Of, Or Injury To, A Person And Damage To Property And Environment
3 Liability to pay compensation in certain cases on principle of no fault
(1) Where death of, or injury to, any person (other than a workman) or damage to any property or environment has resulted from an accident, the owner shall be...
4 Application for claim for compensation
(1) An application for claim for compensation may be made-(a) by the person who has sustained the injury;(b) by the owner of the property to which the damage...
5 Procedure and powers of Tribunal
(1) On  receipt of an application under sub-section (1) of  section 4, the Tribunal may, after such inquiry as it may deem fit, reject the application summari...
6 Conditions as to making of interim orders
Notwithstanding anything contained in any other provision of this Act or in any other law for the time being in force, no interim order (whether by way of ind...
7 Reduction of amount of relief paid under any other law
Where in respect of death of, or injury to, any person or damage to any property, the owner, liable to pay  compensation under this Act, is also liable to pay ...
Chapter III Establishment Of National Environment Tribunal And Benches Thereof
8 Establishment of National Environment Tribunal
The Central Government shall, by notification, establish a Tribunal, to be known as the National Environment Tribunal, to exercise the jurisdiction, powers an...
9 Composition of Tribunal and Benches thereof
(1) The Tribunal shall consist of a Chairperson and such number  of Vice-Chairpersons, Judicial Members and Technical Members as the Central Government may de...
10 Qualifications for appointment as Chairperson, Vice-Chairperson or other Member
(1) A person shall not be qualified for appointment as the Chairperson unless he -(a) is, or has been, a Judge of the Supreme Court or a High Court; or(b) ha...
11 Vice-Chairperson to act as Chairperson or to discharge his functions 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 or...
12 Term of office
The Chairperson, Vice-Chairperson and other Member shall hold office as such for a term of five years from the date on which he enters upon his office, but sh...
13 Resignation and removal
(1) The Chairperson, Vice-Chairperson or other Member may, by notice in writing under his hand addressed to the President, resign his office:that the Chairp...
14 Salaries and allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other 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...
15 Provision as to the holding of office by Chairperson, etc. on ceasing to be such Chairperson etc.,
On ceasing to hold office,-(a) the Chairperson of the Tribunal shall be ineligible for further employment either under the Government of India or under the Go...
16 Financial and administrative powers of Chairperson
The Chairperson shall exercise such financial and administrative powers over the Benches as may be vested in him under the rules:that the Chairperson shall ha...
17 Staff of the Tribunal
(1) The Central Government shall determine the nature and categories of the officers and other employees required to assist the Tribunal in the discharge of i...
18 Distribution of business amongst the Benches
(1) Where any Benches of the Tribunal are constituted, the Central Government may, from time to time, by notification, make provisions as to the distribution ...
Chapter IV Jurisdiction And Proceedings Of The Tribunal
19 Bar of jurisdiction
On and from the commencement of this Act, no court or other authority except the Tribunal shall have, or be entitled to exercise, any jurisdiction, powers or ...
20 Power of Chairperson to transfer cases from one Bench to another
On the application of any of the parties and after notice to the parties, and after hearing such of them as he may deist to be heard,  or on his own motion wi...
21 Decisions to be taken by majority
If the Members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a  majority, but  i...
22 Deposit of amount payable for damage to environment
(1) Where any amount of compensation is ordered to be paid under any award by the Tribunal on the ground of any damage to environment, that amount shall be re...
23 Execution of award or order of Tribunal
(1) An award made by the Tribunal under this Act shall be executable by the Tribunal as a decree of civil court, and for this purpose, the Tribunal shall ha...
24 Appeals
(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 or in any other law, an appeal shall lie a...
Chapter V Miscellaneous
25 Penalty for failure to comply with orders of Tribunal
Whoever fails to comply with any order made by the Tribunal, he shall be punishable with imprisonment for a term which may extend to three years, or with fine...
26 Offences 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 ...
27 Proceedings before the Tribunal to be judicial proceedings
All proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code....
28 Members and staff of Tribunal to be public servants
The Chairperson, Vice-Chairperson and other Members and the officers and other employees of the Tribunal shall be deemed to be public servants within the mean...
29 Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central Government or against the Chairperson, Vice-Chairperson or other Member of the Tr...
30 Act to have overriding effect
Save as provided in the Public Liability Insurance Act, 1991, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith con...
31 Power to make rules
(1) The Central Government may, by notification, make rules for carrying out the purposes of this Act.(2) In particular, and without prejudice to the generali...
The Schedule
[See section 3(1)]HEADS UNDER WHICH COMPENSATION FOR DAMAGES MAY BE CLAIMED(a) Death;(b) Permanent, temporary, total or partial disability or other injury or ...
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