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National Environment Tribunal Act, 1995

[Act No. 27 of 1995 dated 17th. June, 1995]

Contents  

Sections

Particulars

Chapter I

Preliminary 

1

Short title and commencement

2

Definitions 

Chapter II 

Compensation For Death Of, Or Injury To, A Person And   Damage To Property And Environment 

3

Liability to pay compensation in certain cases on principle of no fault

4

Application for claim for compensation

5

Procedure and powers of Tribunal

6

Conditions as to making of interim orders

7

Reduction of amount of relief paid under any other law

Chapter III 

Establishment Of National Environment Tribunal And Benches Thereof 

8

Establishment of National Environment Tribunal

9

Composition of Tribunal and Benches thereof

10

Qualifications for appointment as Chairperson, Vice-Chairperson or other Member

11

Vice-Chairperson to act as Chairperson or to discharge his functions in certain circumstances

12

Term of office

13

Resignation and removal

14

Salaries and allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members

15

Provision as to the holding of office by Chairperson, etc. on ceasing to be such Chairperson etc.,

16

Financial and administrative powers of Chairperson

17

Staff of the Tribunal

18

Distribution of business amongst the Benches 

Chapter IV 

Jurisdiction And Proceedings Of The Tribunal 

19

Bar of jurisdiction

20

Power of Chairperson to transfer cases from one Bench to another

21

Decisions to be taken by majority

22

Deposit of amount payable for damage to environment

23

Execution of award or order of Tribunal

24

Appeals

Chapter  V 

Miscellaneous 

25

Penalty for failure to comply with orders of Tribunal

26

Offences by companies

27

Proceedings before the Tribunal to be judicial proceedings

28

Members and staff of Tribunal to be public servants

29

Protection of action taken in good faith

30

Act to have overriding effect

31

Power to make rules

 

The Schedule

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 as far 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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