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National Environment Tribunal Act, 1995 Complete Act

Title: National Environment Tribunal Act, 1995

State: Central

Year: 1995

.....fault Section4 - Application for claim for compensation Section5 - Procedure and powers of Tribunal Section6 - Conditions as to making of interim orders Section7 - Reduction of amount of relief paid under any other law Chapter III Section8 - Establishment of National Environment Tribunal Section9 - Composition of Tribunal and Benches thereof Section10 - Qualifications for appointment as Chairperson, Vice-Chairperson or other Member Section11 - Vice-Chairperson to act as Chairperson or to discharge his functions in certain circumstances Section12 - Term of office Section13 - Resignation and removal Section14 - Salaries and allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members Section15 - Provision as to the holding of offices by Chairperson, etc. on ceasing to be such Chairperson, etc Section16 - Financial and administrative powers of Chairperson Section17 - Staff of the Tribunal Section18 - Distribution of business amongst the Benches Chapter IV Section19 - Bar of jurisdiction Section20 - Power of Chairperson to transfer cases from one Bench to another Section21 - Decision to be taken by majority Section22 -.....

The Punjab Regional and Town Planning and Development Act, 1995 Complete Act

State: Punjab

Year: 1995

THE PUNJAB REGIONAL AND TOWN PLANNING AND DEVELOPMENT ACT, 1995 THE PUNJAB REGIONAL AND TOWN PLANNING AND DEVELOPMENT ACT, 1995 Punjab Act No. 11 of 1995 Legislative History 1. Amended by Punjab Act 4 of 1996 (Notification dated 17-04-1996). 2. Punjab Act No. 13 of 2003 (Notification dated 06-05-2003). 3. Punjab Act No. 30 of 2006 (Notification dated 27-10-2006). Notification The 26th May, 1995 No. 11-Leg./95. - The following Act of the Legislature of the State of Punjab received the assent of the President of India on the 24th May, 1995, and is hereby published for general information :- AN ACT to make provision for better planning and regulating the development and use of land in planning areas delineated for that purpose, for preparation of Regional Plans and Master Plans and implementation thereof; for the constitution of a State Regional and Town Planning and Development Board, for guiding and directing the planning and development processes in the State; for Constitution of a State Urban Planning and Development Authority, Special Urban Planning and Development Authorities and New Town Planning and Development Authorities, for the effective and planned.....

National Environment Tribunal Act, 1995 Chapter III

Title: Establishment of National Environment Tribunal and Benches Thereof

State: Central

Year: 1995

.....rules, regulate the procedure for investigation of misbehaviour or incapacity of the Chairperson Vice-Chairperson or other Member referred to in sub-section (2). Section 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 Chairperson, Vice-Chairperson and other Member shall be such as may be prescribed: Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson, Vice-Chairperson or other Member shall be varied to his disadvantage after his appointment. Section 15 - Provision as to the holding of offices 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 Government of a State; (b) the Vice-Chairperson of the Tribunal shall, subject to the other provisions of this Act, be eligible for appointment as the Chairperson of the Tribunal,.....

National Environment Tribunal Act, 1995 Chapter IV

Title: Jurisdiction and Proceedings of the Tribunal

State: Central

Year: 1995

.....under any award by the Tribunal on the ground of any damage to environment, that amount shall be remitted to the authority specified under sub-­section (3) of section 7A of the Public Liability Insurance Act, 1991 (6 of 1991) for being credited to the Environmental Relief Fund established under that section. (2) The amount of compensation credited to the Environmental Relief Fund under sub­-section (1) may be utilised by such person or authority, in such manner and for such purposes of environment as may be prescribed. Section 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 have all the powers of a civil court. (2) Notwithstanding anything contained in sub-section (1), the Tribunal may transmit to the Collector having jurisdiction over the area in which the accident has occurred the copy of the order made by it for payment of relief as provided in the Public Liability Insurance Act, 1991 and the Collector shall execute the order in the same manner as if it were an order made by him under that Act. (3) Where the.....

National Environment Tribunal Act, 1995 Section 5

Title: Procedure and Powers of Tribunal

State: Central

Year: 1995

.....the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Tribunal shall have power to regulate its own procedure including the fixing of places and times of its inquiry. (4) The Tribunal shall have, for the purpose of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 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 and 124 of the Indian Evidence Act, 1872(1 of 1872), requisitioning any public record and 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 an application or default or deciding it ex parte; (h) setting aside any order of dismissal of any application for default or any order passed by.....

National Environment Tribunal Act, 1995 Section 23

Title: Execution of Award or Order of Tribunal

State: Central

Year: 1995

(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 have all the powers of a civil court. (2) Notwithstanding anything contained in sub-section (1), the Tribunal may transmit to the Collector having jurisdiction over the area in which the accident has occurred the copy of the order made by it for payment of relief as provided in the Public Liability Insurance Act, 1991 and the Collector shall execute the order in the same manner as if it were an order made by him under that Act. (3) Where the owner against whom the award or order is made by the Tribunal fails to make the payment or deposit the amount as directed by the Tribunal within the period specified in the award or order, such amount shall be recoverable from the owner as arrears of land revenue or of public demand.

National Environment Tribunal Act, 1995 Section 9

Title: Composition of Tribunal and Benches Thereof

State: Central

Year: 1995

.....this Act, the jurisdiction, powers and authority of the Tribunal may be exercised by Benches thereof. (2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Technical Member. (3) Notwithstanding anything contained in sub-section (1), the Chairperson (a) may, in addition to discharging the functions of the Judicial Member or the Technical Member of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case may be, the Technical Member, of any other Bench; (b) may transfer the Vice-Chairperson or other Member from one Bench to another Bench; (c) may authorise the Vice-Chairperson or the Judicial Member or the Technical Member appointed to one Bench to discharge also the functions of the Vice-Chairperson or, as the case may be, the Judicial Member or the Technical Member of another Bench; and (d) may, for the purpose of securing that any case or cases which, having regard to the nature of the questions involved, requires or require, in his opinion or under the rules made by the Central Government in this behalf, to be decided by a Bench composed of more than two Members, issue such.....

National Environment Tribunal Act, 1995 Section 17

Title: Staff of the Tribunal

State: Central

Year: 1995

(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 its functions and provide the Tribunal with such officers and other employees as it may think fit. (2) The officers and other employees of the Tribunal 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 employee of the Tribunal shall be such as may be prescribed.

National Environment Tribunal Act, 1995 Preamble 1

Title: The National Environment Tribunal Act, 1995

State: Central

Year: 1995

THE NATIONAL ENVIRONMENT TRIBUNAL ACT, 1995 [Act, No. 27 of 1995] [27th June, 1995] PREAMBLE An Act to provide for strict liability for damages arising out of any accident occurring while handling any hazardous substance and for the establishment of a National Environment Tribunal for effective and expeditious disposal of cases arising from such accident, with a view to giving relief and compensation for damages to persons, property and the environment and for matters connected therewith or incidental thereto. WHEREAS decisions were taken of the United Nations Conference on Environment and Development held at Rio de Janeiro in June, 1992, in which India participated, calling upon the States to develop national laws regarding liability and compensation for the victims of pollution and other environmental damages; AND WHEREAS it is considered expedient to implement the decisions of the aforesaid Conference so far as they relate to the protection of environment and payment of compensation for damage to persons, property and the environment while handling hazardous substances; BE it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows:

National Environment Tribunal Act, 1995 Section 8

Title: Establishment of National Environment Tribunal

State: Central

Year: 1995

The Central Government shall, by notification, establish a Tribunal to be known as the National Environment Tribunal, to exercise the jurisdiction, powers and authority conferred on it by or under this Art.