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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:

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Environment Protection Act, 1986 Preamble 1

Title: The Environment (Protection) Act, 1986

State: Central

Year: 1986

THE ENVIRONMENT (PROTECTION) ACT, 1986 [Act No. 29 of 1986] [23rd May, 1986] PREAMBLE An Act to provide for the protection and improvement of environment and for matters connected therewith. WHEREAS decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment; AND WHEREAS it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property; BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:--

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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,.....

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National Environment Appellate Authority Act, 1997 Preamble 1

Title: The National Environment Appellate Authority Act, 1997

State: Central

Year: 1997

THE NATIONAL ENVIRONMENT APPELLATE AUTHORITY ACT, 1997 [Act, No. 22 of 1997] [26th March, 1997] PREAMBLE An Act to provide for the 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:--

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Environment Protection Act, 1986 Section 3

Title: Power of Central Government to Take Measures to Protect and Improve Environment

State: Central

Year: 1986

.....for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorises, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution; (xi) establishment or recognition of environmental laboratories and institules to carry out the functions entrusted to such environmental laboratories and institutes under this Act; (xii) collection and dissemination of information in respect of matters relating to environmental pollution; (xiii) preparation of manuals, codes or guides relating to the prevention, control and abatetnent of environmental pollution; (xiv) such other matters as the Central Government deems necessary or expedient for the purpose of.....

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National Environment Tribunal Act, 1995 Section 22

Title: Deposit of Amount Payable for Damage to Environment

State: Central

Year: 1995

(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 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.

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National Environment Tribunal Act, 1995 Chapter II

Title: Compensation for Death Of, or Injury To, a Person and Damage to Property and Environment

State: Central

Year: 1995

.....for preventing any loss or damage being caused to the applicant which cannot be adequately compensated in money but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the Tribunal has continued the operation of the interim order. Section 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 any amount as relief under the Public Liability Insurance Act, 1991 (6 of 1991) of any other compensation under any other law, the amount of compensation payable under this Act shall be reduced by the amount of relief and other compensation paid under any other law.

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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.

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The Environment (Protection) Act, 1986 Complete Act

State: Tripura

Year: 1986

.....in the gazette No. 42 dated 18-1-88) shall have power to take, for the purpose of analysis, samples of air, water, soil or other substance from any factory, premises or other substance from any factory, premises or other place in such manner as may be prescribed. (For procedure for taking samples see r.6 of Environment (Protection)Rules 1986 also) (2) The result of any analysis of a sample taken under sub-section (1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub- sections (3) and (4) are complied with. (3) Subject to the provisions of sub-section (4), the person taking 'the sample under sub-section (1) shall- (a) serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed; (b) in the presence of the occupier or his agent or person, collect a sample for analysis; (c) cause the sample to be placed in a container or containers which shall be marked and scaled and shall also be signed both by the person taking the sample and the occupier or his agent or person; (d) send without delay, the container or the containers to.....

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National Environment Tribunal Act, 1995 Complete Act

State: Central

Year: 1995

.....and received the assent of the President on 17th June, 1995 and became an Act of Parliament under the short title "THE NATIONAL ENVIRONMENT TRIBUNAL ACT, 1995 (29 OF 1995). 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 at 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.....

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