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National Environment Tribunal Act, 1995

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

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 implementthe 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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