National Environment Appellate Authority Act, 1997 Complete Act - Bare Act

26th March, 1997

An Act to provide for establishment of a National Environment Appellate Authority to hear appeals with respect to restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986 and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Forty-eighth Year of the Republic of India as follows:-

(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, 1997.

- In this Act, unless the context otherwise requires,-

(a) "Act", means the Environment (Protection) Act. 1986-;

(b) "Authority" means the National Environment Appellate Authority established under sub- section (1) of section 3-;

(c) "Chairperson" means the Chairperson of the Authority; (d) "Member" means a Member of the Authority: (e) "prescribed" means prescribed by rules made under this Act; (f) "Vice-Chairperson" means the Vice-Chairperson of the 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 exercise the powers conferred upon and to perform the functions assigned to, it under this Act.

(2) The head office of the Authority shall be at Delhi.

The Authority shall consist of a Chairperson, a Vice- Chairperson and such other Members not exceeding three, as the Central Government may deem fit.

(a) a Judge of the Supreme Court; or

(b) the Chief Justice of a High Court.

(2) A person shall not be qualified for appointment as a Vice-Chairperson unless he has-

(a) for at least two years held the post of a Secretary to the Government of India or any other post under the Central or State Government carrying a scale of pay which is not less that of a Secretary to the Government of India; and

(b) expertise or experience in administrative, legal, managerial or technical aspects of problems relating to environment.

(3) A person shall not be qualified for appointment as a Member unless he has professional knowledge or practical experience in the areas pertaining to conservation, environmental management, law or planning and development.

(4) The Chairperson, the Vice-Chairperson and the Members shall be appointed by the President.

(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 shall act as the Chairperson until the date on which a new Chairperson appointed in accordance with the provisions of this Act to fill such vacancy enters upon his office.

(2) When the Chairperson is unable to discharge his functions owing to absence, illness or any other cause, the Vice-Chairperson or, as the case may be, such one of the Member as the Central Government may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.

- 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 shall be eligible for re-appointment for another term of three years; Provided that no Chairperson, Vice-Chairperson or Member shall hold office as such after he has attained,-

(a) in the case of the Chairperson, the age of seventy years: and

(b) in the case of the Vice-Chairperson or a Member, the age of sixty-five years.

(1)The Chairperson, the Vice-Chairperson or a Member may, by notice in writing under his hand addressed to the President, resign his office : Provided that the Chairperson, the Vice-Chairperson or a Member shall, unless he is permitted by the President to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice, or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office whichever is the earliest.

(2) The Chairperson, the Vice-Chairperson or a Member shall not be removed from his office except by an order made by the President on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which such Chairperson, the Vice-Chairperson or a Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

(3) The President may suspend from office the Chairperson, the Vice-Chairperson or a Member in respect of whom a reference has been made to the Supreme Court under sub-section (2) until the President has passed orders on receipt of the report of the Supreme Court on such reference.

(4) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairperson, the Vice-Chairperson or a Member referred to in sub-section (2).

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 Chairperson, the Vice-Chairperson and the Members shall be such as may be prescribed by the Central Government.

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 of the 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, operations and processes shall not be carried out or shall be carried out subject to certain safeguards may, within thirty days from the date of such order, prefer an appeal to the Authority in such form as may be prescribed: Provided that the Authority may entertain any appeal after the expiry of the said period of thirty days but not after ninety days from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) For the purposes of sub-section (1), "person" means-

(a) any person who is likely to be affected by the grant of environmental clearance:

(b) any person who owns or has control over the project with respect to which an application has been submitted for environmental clearance;

(c) any association of person (whether incorporated or not) likely to be affected by such order and functioning in the field of environment;

(d) the Central Government, where the environmental clearance is granted by the State Government and the State Government, where the environmental clearance is granted by the Central Government; or

(e) any local authority, any part of whose local limits is within the neighbourhood of the area wherein the project is proposed to be located.

(3) On receipt of an appeal preferred under sub-section (1) the Authority shall, after giving the appellant an opportunity of being heard, pass such orders, as it thinks fit.

(4) The Authority shall dispose of the appeal within ninety days from the date of filing the appeal; Provided that the Authority may for reasons to be recorded in writing, dispose of the appeal with a further period of thirty days.

(1) The Authority shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made by the Central Government, the Authority shall have power to regulate its own procedure including the fixing of places and times of its inquiry and deciding whether to sit in public or in private.

(2) The Authority 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, 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;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) subject to the provisions of sections 123-and124 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; (f) reviewing its decisions: (g) dismissing a representation for default or deciding it, ex parte;

(h) setting aside any order of dismissal of any representation for default or any order passed by it ex parte; and

(i) any other matter which is required to be, or may be, prescribed by the Central Government.

The Chairperson shall exercise such financial and administrative powers as may be vested in him under the rules; Provided that the Chairperson shall have authority to delegate such of his financial and administrative powers as he may think fit to the Vice-Chairperson or any other officer subject to the condition that the Vice-Chairperson or such other officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the Chairperson.

(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 its functions and provide the Authority with such officers and other employees as it may think fit.

(2) The officers and other employees of the Authority shall discharge their functions under the general superintendence of the Chairperson.

(3) The salaries and allowances and conditions of service of the officers and other employees shall be such as may be prescribed.

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 any matter with which the Authority is so empowered by or under this Act.

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-

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 meaning of section 21 of the Indian Penal Code-

-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 Authority or any other person authorised by the Chairperson, the Vice-Chairperson or a 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.

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 fine which may extend to one lakh rupees, or with both.

(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 was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to he 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. if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a 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 published accordingly.

(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 provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of the period of three years from the date on which this Act receives the assent of the President.

(2) Every order made under this section shall, as soon as may be, after it is made, be laid before each House of Parliament.

- The Central Government may, by notification, 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) the procedure under sub-section (4) of section 8-for the investigation of

misbehaviour or incapacity of the Chair-person, the Vice-Chairperson or a Member;

(b) the salaries and allowances payable to and the other terms and conditions

of service of the Chairperson, the Vice-Chairperson and the Members under section 9-;

(c) the form which an appeal shall contain under sub-section (1) of section I I:

(d) financial and administrative powers of the Chairperson under section 13-;

(e) the salaries and allowances and conditions of service of the officers and other employees of the Authority;

(f) any other matter which is required to be, or may be, prescribed.

(3) Every rule made under this Act 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 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.

(1) The National Environment Appellate Authority Ordinance, 1997 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Act.

NATIONAL ENVIRONMENT APPELLATE AUTHORITY (APPEAL) RULES, 1997

S.O. 775(E).--In exercise of the powers conferred by

Sec. 22 of the National Environment Appellate Authority Act, 1997 (22 of 1997), the Central Government hereby makes the following rules, namely:-

RULE 1 SHORT-TITLE AND COMMENCEMENT

(1) These rules may be called the National Environment Appellate Authority (Appeal) Rules, 1997.

(2) They shall come into force on the date of their publication in the Official Gazette.

RULE 2 DEFINITIONS

-In these Rules unless the context otherwise requires,-

(a) "Act" means the National Environment Appellate Authority Act, 1997-;

(b) "appeal" means a memorandum of appeal to the Appellate Authority filed under sub-sec. (1) ofSec. 11-of the Act;

(c) "appellant" means a person who, prefers an appeal to the Authority under sub-sec. (1) of Sec. 11-of the Act and also includes the authorised representative of the appellant;

(d) "authorised representative" means any person authorised in writing by the appellant or the respondent, as the case may be, to represent him before the Authority;

(e) "Authority" means the National Environment Appellate Authority, constituted under the Act;

(f) "member means a member of the authority and includes the Chairperson and Vice-Chairperson thereof;

(g) "party" in relation to an appeal, means an appellant or the respondent and the expression "parties" shall be construed to mean the appellant and the respondent;

(h) "Registrar" means the principal administrative officer of the Authority;

(i) "section" means section of the Act;

(j) Words and phrases not defined in these rules but defined in theNational Environment Appellate Authority Act, 1997-shall have the same meaning respectively assigned to them in the Act.

RULE 3 LANGUAGE OF THE AUTHORITY

(1) The pleadings before the Authority may, at the option of the respective parties, be in English or in Hindi.

(2) All orders and other proceedings of the Authority may, at the option of the Authority, be in English or in Hindi.

RULE 4 HEAD QUARTERS OF THE AUTHORITY

(1) The head quarters of the Authority shall be at Delhi.

(2) Appeals may be heard at the head quarters or at the discretion of the Chairperson, at any other place.

(3) The office of the Authority shall observe such public and other holidays as are observed by the offices of the Central Government.

RULE 5 FORM OF MEMORANDUM OF APPEAL AND ITS PRESENTATION BEFORE THE AUTHORITY

(1) Memorandum of appeal to be presented to the Authority shall be in Form-A specified in these rules and shall contain the particulars required thereunder. The Memorandum of Appeal shall be in English or in Hindi and shall set forth concisely and under distinct heads, the grounds of appeal without any argument or narrative and such grounds shall be numbered consecutively.

(2) Every memorandum of appeal shall be presented by the appellant in person, or when there are more appellants than one, by any of them, or by his authorised representative before the Registrar or any other officer authorised in this behalf by the Chairman or may be sent by registered post with acknowledgment due addressed to the Registrar.

(3) Where memorandum of Appeal is sent by registered post, the date of receipt of the said memorandum at the Head Office, as endorsed by either of them, shall be taken as the date of filing of the appeal by the appellant.

(4) Where there is a delay in the presentation of the memorandum of appeal before the Authority, such memorandum of appeal shall be accompanied, by a separate application for condonation of delay and the supporting affidavit of such application;

(5) Every memorandum of appeal and the attested copy of the order appealed against and the application for condonation of delay and supporting affidavit to be filed before the Authority shall be accompanied by five sets of their copies for the Authority and one set of copies for each of the Respondents.

(6) In every appeal, the competent authority which passed the order appealed against, shall be impleaded as one of the respondents.

RULE 6 REGISTRATION OF APPEAL

(1) Every Memorandum of Appeal duly filed under these rules shall be registered as an appeal filed before the Authority and numbered by the Registrar. If the appeal is registered and numbered or if not so registered or numbered, the appellant or his representative shall be informed accordingly by an intimation sent in this regard by the Registrar or other authorised officer within fifteen days of the receipt of the appeal. If the intimation so sent is of non-registering and non-numbering, it shall be in Form-B specified to these rules and time not exceeding thirty days shall be given for removing of such causes. On removal of such causes the appeal shall be registered and numbered and intimation given.

(2) After registration and numbering of the appeal, notices of appeal alongwith the set of copies of memorandum of appeal and other annexures thereto, shall be sent to every respondent, under registered post, acknowledgment(s) due, intimating the date and place of hearing of the appeal by the Authority. Intimation of the date and place of hearing of the appeal shall also be given to appellant or his representative by registered post with acknowledgment due. In addition to above, such intimations shall also be given to parties, under certificate of posting duly addressed, as found in the Memorandum of Appeal. Due service of such notices shall be presumed by the Authority if sent to addressees, found in the Memorandum of appeal, before fifteen days from the date fixed for hearing.

(3) Notices of intimation to be sent to the parties by the Authority shall be in Form 'C' specified to these rules.

RULE 7 ADJOURNMENT

-The Authority may adjourn the hearing of the appeal and intimate the parties to appear on the next date and place of hearing of the appeal.

RULE 8 CLUBBING OF APPEALS

-Appeals against a common order, can be clubbed and heard together by the Authority.

RULE 9 DEFAULT OF APPEARANCE OF PARTIES AT THE HEARING

-When the appellant or his representative fails to be present at the hearing of the appeal before the Authority, the appeal may be dismissed for such default of appearance or may be decided exparte. Similarly, when the respondent or his representative does not appear at the hearing of the appeal, the appeal may be heard exparte and decided finally. Where the appeal is dismissed for default of appearance or the appeal is allowed exparte, the order so made may be set aside, if the defaulting party shows sufficient cause for non-appearance by filing an application supported by affidavit, with the required number of copies given for the Authority and served on opposing parties and appeal heard afresh with notice to all parties and decided on merits.

RULE 10 PROCEEDINGS OPEN TO PUBLIC

-Hearing of the appeals by the Authority shall be open to public unless otherwise ordered by the Chairperson for security or other reasons.

RULE 11 ORDERS OF THE AUTHORITY

-After hearing of the appeals, the orders of the Authority may be pronounced on the same day or may be postponed to a future date. Where the order is postponed, the same shall be delivered on the date to be fixed for the purpose by the Authority and copies thereof shall be sent to parties to the appeal by the Registrar or any other authorised officer.

RULE 12 ORDERS OF THE AUTHORITY AND TIME-FRAME FOR DISPOSAL OF APPEAL

(1) The Authority shall dispose of the appeal within ninety days from the date of filing of the appeal; "Provided that the authority may for reasons to be recorded in writing, extend it by a further period of thirty days. Every order of the Authority disposing of an appeal finally shall be in writing, signed and dated by the Chairperson, or Vice Chairperson and Member or Members, who have heard the appeal.

(2) Where the order of the Authority finally disposing of the appeal is unanimous, an order shall be pronounced by the Authority.

(3) If the members of the authority differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ and make a reference to the Chairperson of the Authority and his opinion of the majority.

(4) No order of the Authority shall be questioned on the ground merely of the existence of any vacancy or defect in the constitution of the Authority or any defect in the appointment of a person acting as the member of the Authority.

RULE 13 ADDITIONAL EVIDENCE

-If at any stage of hearing of the appeal, the Authority considers that additional evidence needs to be taken by it for a proper disposal of the appeal, it can either take on record such evidence directly or obtain the same from the authority against the order of which the appeal is filed.

RULE 14 PRINCIPLES OF NATURAL JUSTICE

-When there are no specific rules governing the hearing of the appeal. Principles of Natural Justice shall be observed.

NATIONAL ENVIRONMENT APPELLATE AUTHORITY (FINANCIAL AND ADMINISTRATIVE POWERS) RULES, 1998

S.O. 224(E).-In exercise of the powers conferred by

Sec. 22read with Sec. 13 of the National Environment Appellate Authority Act, 1997 (22 of 1997)the Central Government hereby makes the following rules, namely:-

RULE 1 SHORT TITLE AND COMMENCEMENT

(1) These rules may be called the National Environment Appellate Authority (Financial and Administrative Powers) Rules, 1998.

(2) They shall come into force on the date of their publication in the Official Gazette.

RULE 2 DEFINITIONS

-In these rules, unless the context otherwise requires-

(a) "Act" means the National Environment Appellate Authority Act, 1997 (22 of 1997)-;

(b) "Appellate Authority" means the National Environment Appellate Authority established under sub-sec. (1) of Sec. 3-of the Act;

(c) "Chairperson" means the Chairperson of the National Environment Appellate Authority;

RULE 3 POWERS OF THE CHAIRPERSON

-The Chairperson shall have the same powers as are conferred on a Department of the Central Government in respect of the Delegation of the Financial Powers Rules, 1978, the General Financial Rules, 1963, the Fundamental and Supplementary Rules, the Central Civil Services (Leave) Rules, 1972, the Central Civil Services (Joining Time) Rules, 1979, the Civil Services (Pension) Rules, 1972, the Central Civil Services (Conduct) Rules, 1964, the Central Civil Services (Classification, Control and Appeal) Rules, 1965and the General Provident Fund (Central Services) Rules, 1960, as amended from time to time. [Noti. No. File No. Z-20018/2198-CPA, dt. 17.3.98-Gaz. of India, Exty., Pt. II-Sec. 3(ii), No. 169, dt. 18.3.98. p. 1.]