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National Green Tribunal Act, 2010 Preamble 1

Title: The National Green Tribunal Act, 2010

State: Central

Year: 2010

THE NATIONAL GREEN TRIBUNAL ACT, 2010 [Act No. 19 of 2010] [2nd June, 2010] PREAMBLE An Act to provide for the establishment of a National Green Tribunal for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. And whereas India is a party to the decisions taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, calling upon the States to take appropriate steps for the protection and improvement of the human environment; And 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 provide effective access to judicial and administrative proceedings, including redress and remedy and to develop national laws regarding liability and compensation for the victims of pollution and other environmental.....

National Green Tribunal Act, 2010 Complete Act

Title: National Green Tribunal Act, 2010

State: Central

Year: 2010

.....payable for damage to environment Section25 - Execution of award or order or decision of Tribunal Chapter IV Section26 - Penalty for failure to comply with orders of Tribunal Section27 - Offences by companies Section28 - Offences by Government Department Chapter V Section29 - Bar of jurisdiction Section30 - Cognizance of offences Section31 - Members and staff of Tribunal to be public servants Section32 - Protection of action taken in good faith Section33 - Act to have overriding effect Section34 - Power to amend Schedule I Section35 - Power to make rules Section36 - Amendment of certain enactments Section37 - Power to remove difficulties Section38 - Repeal and savings ScheduleI - SCHEDULE I ScheduleII - SCHEDULE II ScheduleIII - SCHEDULE III

National Green Tribunal Act, 2010 Schedule III

Title: Schedule Iii

State: Central

Year: 2010

.....provisions of that Act.". PART II Amendments 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 filed under section 13A, be final" shall be substituted. 2. Insertion of new section 13A.-- After section 13, the following section shall be inserted, namely:-- "13A. Appeal to National Green Tribunal.-- Any person aggrieved, by an order or decision of the appellate authority made under section 13, on or after the commencement of the National Green Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.". PART III Amendment to the Forest (Conservation) Act, 1980 (69 of 1980) Insertion of new section 2A.--After section 2, the following section shall be inserted, namely:-- "2A. Appeal to National Green Tribunal.-- Any person aggrieved, by an order or decision of the State Government or other authority made under section 2, on or after the.....

National Green Tribunal Act, 2010 Complete Act

State: Central

Year: 2010

.....specified in sub-sec. (2) of Sec. 5, and, is not a Judicial Member; (e) "handling", in relation to any hazardous substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such hazardous substance; (f) "hazardous substance" means any substance or preparation which is defined as hazardous substance in the Environment (Protection) Act, 1986 (29 of 1986), and exceeding such quantity as specified or may be specified by the Central Government under the Public Liability Insurance Act, 1991 (6 of 1991); (g) "injury" includes permanent, partial or total disablement or sickness resulting out of an accident; (h) "Judicial Member" means a member of the Tribunal who is qualified to be appointed as such under sub-sec. (1) of Sec. 5 and includes the Chairperson; (i) "notification" means a notification published in the Official Gazette; (j) "person" includes- (i) an individual, (ii) a Hindu undivided family, (iii) a company, (iv) a firm, (v) an association of persons or a body of individuals, whether incorporated or not, (vi) trustee of a trust, (vii) a local.....

National Green Tribunal Act, 2010 Chapter III

Title: Jurisdiction, Powers and Proceedings of the Tribunal

State: Central

Year: 2010

.....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 impact of an activity or operation or process, under any enactment specified in Schedule I, the person responsible shall be liable to pay such relief or compensation for such death, injury or damage, under all or any of the heads specified in Schedule II, as may be determined by the Tribunal. (2) If the death, injury or damage caused by an accident or the adverse impact of an activity or operation or process under any enactment specified in Schedule I cannot be attributed to any single activity or operation or process but is the combined or resultant effect of several such activities, operations and processes, the Tribunal may, apportion the liability for relief or compensation amongst those responsible for such activities, operations and processes on an equitable basis. (3) The Tribunal shall, in case of an accident, apply the principle of no fault. Section 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.....

National Green Tribunal Act, 2010 Section 16

Title: Tribunal to Have Appellate Jurisdiction

State: Central

Year: 2010

.....(Prevention and Control of Pollution) Act, 1981(14 of 1981); (g) any direction issued, on or after the commencement of the National Green Tribunal Act, 2010, under section 5 of the Environment (Protection) Act, 1986(29 of 1986); (h) an order made, on or after the commencement of the National Green Tribunal Act, 2010, granting environmental clearance in the area 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 under the Environment (Protection)Act, 1986(29 of 1986); (i) an order made, on or after the commencement of the National Green Tribunal Act, 2010, refusing to grant environmental clearance for carrying out any activity or operation or process under the Environment (Protection) Act, 1986(29 of 1986); (j) any determination of benefit sharing or order made, on or after the commencement of the National Green Tribunal Act, 2010, by the National Biodiversity Authority or a State Biodiversity Board under the provisions of the Biological Diversity Act, 2002(18 of 2003), may, within a period of thirty days from the date on which the order or decision.....

National Green Tribunal Act, 2010 Chapter V

Title: Miscellaneous

State: Central

Year: 2010

..... (2) No court inferior to that of a Metropolitan Magistrate or, a Judicial Magistrate of the first class shall try any offence punishable under this Act. Section 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 section 21 of the Indian Penal Code(45 of 1860). Section 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 anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder. (2) No suit, prosecution or other legal proceeding shall lie against the Chairperson or, Judicial Member or Expert Member of the Tribunal or any other person authorised by the Chairperson or Judicial Member or the Expert 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. Section 33 - Act to have overriding effect The provisions of this Act, shall.....

National Green Tribunal Act, 2010 Section 38

Title: Repeal and Savings

State: Central

Year: 2010

.....to have been done or taken under the corresponding provisions of this Act. (3) The National Environment Appellate Authority established under sub-section (1) of section 3 of the National Environment Appellate Authority Act, 1997(22 of 1997), shall, on the establishment of the National Green Tribunal under the National Green Tribunal Act, 2010, stand dissolved. (4) On the dissolution of the National Environment Appellate Authority established under sub-section (1) of section 3 of the National Environment Appellate Authority Act, 1997(22 of 1997), the persons appointed as the Chairperson, Vice-chairperson and every other person appointed as Member of the said National Environment Appellate Authority and holding office as such immediately before the establishment of the National Green Tribunal under the National Green Tribunal Act, 2010, shall vacate their respective offices and no such Chairperson, Vice-chairperson and every other person appointed as Member shall be entitled to claim any compensation for the premature termination of the term of his office or of any contract of service. (5) All cases pending before the National Environment Appellate Authority established.....

National Green Tribunal Act, 2010 Chapter I

Title: Preliminary

State: Central

Year: 2010

.....specified in sub-section (2) of section 5, and, is not a Judicial Member; (e) "handling", in relation to any hazardous substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such hazardous substance; (f) "hazardous substance" means any substance or preparation which is defined as hazardous substance in the Environment (Protection) Act, 1986(29 of 1986), and exceeding such quantity as specified or may be specified by the Central Government under the Public Liability Insurance Act, 1991(6 of 1991); (g) "injury" includes permanent, partial or total disablement or sickness resulting out of an accident; (h) "Judicial Member" means a member of the Tribunal who is qualified to be appointed as such under sub-section (1) of section 5 and includes the Chairperson; (i) "notification" means a notification published in the Official Gazette; (j) "person" includes-- (i) an individual, (ii) a Hindu undivided family, (iii) a company, (iv) a firm, (v) an association of persons or a body of individuals, whether incorporated or not, (vi) trustee of a.....

National Green Tribunal Act, 2010 Section 2

Title: Definitions

State: Central

Year: 2010

.....specified in sub-section (2) of section 5, and, is not a Judicial Member; (e) "handling", in relation to any hazardous substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such hazardous substance; (f) "hazardous substance" means any substance or preparation which is defined as hazardous substance in the Environment (Protection) Act, 1986(29 of 1986), and exceeding such quantity as specified or may be specified by the Central Government under the Public Liability Insurance Act, 1991(6 of 1991); (g) "injury" includes permanent, partial or total disablement or sickness resulting out of an accident; (h) "Judicial Member" means a member of the Tribunal who is qualified to be appointed as such under sub-section (1) of section 5 and includes the Chairperson; (i) "notification" means a notification published in the Official Gazette; (j) "person" includes-- (i) an individual, (ii) a Hindu undivided family, (iii) a company, (iv) a firm, (v) an association of persons or a body of individuals, whether incorporated or not, (vi) trustee of a.....