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The National Green Tribunal Act, 2010

Contents

 

Sections

Particulars

Chapter I

Preliminary

1

Short title and commencement

2

Definitions

Chapter II

Establishment of the Tribunal

3

Establishment of Tribunal

4

Composition of Tribunal

5

Qualifications for appointment of Chairperson, Judicial Member and Expert Member

6

Appointment of Chairperson, Judicial Member and Expert Member

7

Term of office and other conditions of service of Chairperson, Judicial Member and Expert Member

8

Resignation

9

Salaries, allowances and other terms and conditions of service

10

Removal and suspension of Chairperson, Judicial Member and Expert Member

11

To act as Chairperson of Tribunal or to discharge his functions in certain circumstances

12

Staff of Tribunal

13

Financial and administrative powers of Chairperson

Chapter III

Jurisdiction, Powers and Proceedings of the Tribunal

14

Tribunal to settle disputes

15

Relief, compensation and restitution

16

Tribunal to have appellate jurisdiction

17

Liability to pay relief or compensation in certain cases

18

Application or appeal to Tribunal

19

Procedure and powers of Tribunal

20

Tribunal to apply certain principles

21

Decision to be taken by majority

22

Appeal to Supreme Court

23

Cost

24

Deposit of amount payable for damage to environment

25

Execution of award or order or decision of Tribunal

Chapter IV

Penalty

26

Penalty for failure to comply with orders of Tribunal

27

Offences by companies

28

Offences by Government Department

Chapter V

Miscellaneous

29

Bar of jurisdiction

30

Cognizance of offences

31

Members and staff of Tribunal to be public servants

32

Protection of action taken in good faith

33

Act to have overriding effect

34

Power to amend Schedule I

35

Power to make rules

36

Amendment of certain enactments

37

Power to remove difficulties

38

Repeal and savings

Schedules

Schedule I

 

Schedule II

 

Schedule III

Part I

Amendment to the Water (Prevention and Control of Pollution) Act, 1974(6 of 1974)

Part II

Amendment to the Water (Prevention and Control of Pollution) Cess Act, 1977 (36 of 1977)

Part III

Amendment to the Forest (Conservation) Act, 1980 (69 of 1980)

Part IV

Amendment to the Water (Prevention and Control of Pollution) Act, 1981(14 of 1981)

Part V

Amendment to the Environment (Protection) Act, 1986 (29 of 1986)

Part VI

Amendments to the Biological Diversity Act, 2002 (18 of 2003)

The National Green Tribunal Act, 2010 No. 19 of 2010 [2nd June, 2010.]

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 damage;

AND WHEREAS in the judicial pronouncement in India, the right to healthy environment has been construed as a part of the right to life under article 21 of the Constitution; AND WHEREAS it is considered expedient to implement the decisions taken at the aforesaid conferences and to have a National Green Tribunal in view of the involvement of multi-disciplinary issues relating to the environment. BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows: -



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