Sections Particulars
Chapter I Preliminary
1 Short title and commencement
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 notifica...
2 Definitions
1.     In this Act, unless the context otherwise requires,- a.     "accident" means an accident involving a fortuitous or sudden or unintended occurrence wh...
Chapter II Establishment of the Tribunal
3 Establishment of Tribunal
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...
4 Composition of Tribunal
1.     The Tribunal shall consist of- a.     a full time Chairperson;b.    not less than ten but subject to maximum of twenty full time Judicial Members as ...
5 Qualifications for appointment of Chairperson, Judicial Member and Expert Member
1.     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 Suprem...
6 Appointment of Chairperson, Judicial Member and Expert Member
1.     Subject to the provisions of section 5, the Chairperson, Judicial Members and Expert Members of the Tribunal shall be appointed by the Central Governm...
7 Term of office and other conditions of service of Chairperson, Judicial Member and Expert Member
The Chairperson, Judicial Member and Expert Member of the Tribunal shall hold office as such for a term of five years from the date on which they enter upon t...
8 Resignation
The Chairperson, Judicial Member and Expert Member of the Tribunal may, by notice in writing under their hand addressed to the Central Government, resign thei...
9 Salaries, allowances and other terms and conditions of service
The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chai...
10 Removal and suspension of Chairperson, Judicial Member and Expert Member
1.     The Central Government may, in consultation with the Chief Justice of India, remove from office of the Chairperson or Judicial Member of the Tribunal,...
11 To act as Chairperson of Tribunal or to discharge his functions in certain circumstances
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 Judicia...
12 Staff of 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 ...
13 Financial and administrative powers of Chairperson
The Chairperson of the Tribunal shall exercise such financial and administrative powers as may be vested in him under the rules made by the Central Government...
Chapter III Jurisdiction, Powers and Proceedings of the Tribunal
14 Tribunal to settle disputes
1.     The Tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal...
15 Relief, compensation and restitution
1.     The Tribunal may, by an order, provide,-a.     relief and compensation to the victims of pollution and other environmental damage arising under the e...
16 Tribunal to have appellate jurisdiction
Any person aggrieved by,-a.     an order or decision, made, on or after the commencement of the National Green Tribunal Act, 2010, by the appellate authorit...
17 Liability to pay relief or compensation in certain cases
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 or the adverse ...
18 Application or appeal to Tribunal
1.     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...
19 Procedure and powers of Tribunal
1.     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 of natural justi...
20 Tribunal to apply certain principles
The Tribunal shall, while passing any order or decision or award, apply the principles of sustainable development, the precautionary principle and the pollute...
21 Decision to be taken by majority
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 applicati...
22 Appeal to Supreme Court
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 communicat...
23 Cost
1.     While disposing of an application or an appeal under this Act, the Tribunal shall have power to make such order as to costs, as it may consider necess...
24 Deposit of amount payable for damage to environment
1.     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 e...
25 Execution of award or order or decision of Tribunal
1.     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, t...
Chapter IV Penalty
26 Penalty for failure to comply with orders of Tribunal
1.     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...
27 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, ...
28 Offences by Government Department
1.     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 ...
Chapter V Miscellaneous
29 Bar of jurisdiction
1.     With effect from the date of establishment of the Tribunal under this Act, no civil court shall have jurisdiction to entertain any appeal in respect o...
30 Cognizance of offences
1.     No court shall take cognizance of any offence under this Act except on a complaint made by-a.     the Central Government or any authority or officer ...
31 Members and staff of Tribunal to be public servants
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 sec...
32 Protection of action taken in good faith
1.     No suit or other legal proceeding shall lie against the employees of the Central Government or a State Government or any statutory authority, for anyt...
33 Act to have overriding effect
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 instrumen...
34 Power to amend Schedule I
1.     The Central Government may, by notification, amend the Schedule I by including therein any other Act, enacted by Parliament having regard to the objec...
35 Power to make rules
1.     The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.2.     In particular, an...
36 Amendment of certain enactments
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 of...
37 Power to remove difficulties
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...
38 Repeal and savings
1.     The National Environment Tribunal Act, 1995 and the National Environment Appellate Authority Act, 1997 are hereby repealed (hereinafter referred to as...
Schedules Schedule I
1.     The Water (Prevention and Control of Pollution) Act, 1974; 2.     The Water (Prevention and Control of Pollution) Cess Act, 1977; 3.     The Forest...
Schedule II
a.     Death; b.    Permanent, temporary, total or partial disability or other injury or sickness; c.     Loss of wages due to total or partial disability...
Schedule III
...
Part I Amendment to the Water (Prevention and Control of Pollution) Act, 1974(6 of 1974)
After section 33A, Insertion of new section 33B the following section shall be inserted, namely:-"33B. Appeal to National Green Tribunal. - Any person aggriev...
Part II Amendment to the Water (Prevention and Control of Pollution) Cess Act, 1977 (36 of 1977)
1. Amendment of section 13. – In section 13, in sub-section (4), for the words "shall be final", the words, figures and letters "shall, if no appeal has been...
Part III Amendment to the Forest (Conservation) Act, 1980 (69 of 1980)
After section 2, Insertion of new section 2A. - the following section shall be inserted, namely:-"2A. Appeal to National Green Tribunal. - Any person aggrieve...
Part IV Amendment to the Water (Prevention and Control of Pollution) Act, 1981(14 of 1981)
After section 31A, Insertion of new section 31B. - Appeal to National Green Tribunal. - the following section shall be inserted, namely:-"31B. Appeal to Natio...
Part V Amendment to the Environment (Protection) Act, 1986 (29 of 1986)
After section 5, Insertion of new section 5A. - the following section shall be inserted, namely:-"5A. Appeal to National Green Tribunal. - Any person aggrieve...
Part VI Amendments to the Biological Diversity Act, 2002 (18 of 2003)
1.     Amendment of section 52. - In section 52, after the proviso, the following provisos shall be inserted, namely:-"Provided further that nothing containe...
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