THE NATIONAL GREEN TRIBUNAL ACT, 2010 
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ARRANGEMENT OF SECTIONS 
Last Updated: 17-9-2021 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

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. 
 10A.  Qualifications,  terms  and  conditions  of  service  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. 

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CHAPTER V 

MISCELLANEOUS 

SECTIONS 

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. 

SCHEDULE I. 
SCHEDULE II. 
SCHEDULE III. 

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THE NATIONAL GREEN TRIBUNAL ACT, 2010 

ACT 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:— 

CHAPTER I 

PRELIMINARY 

1. Short title and commencement.—(1) This Act may be called the National Green Tribunal Act, 

2010. 

(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

 (a)  "accident"  means  an  accident  involving  a  fortuitous  or  sudden  or  unintended  occurrence 
while handling any hazardous substance or equipment, or plant, or vehicle resulting in continuous or 
intermittent or repeated exposure to death, of, or, injury to, any person or damage to any property or 
environment but does not include an accident by reason only of war or civil disturbance; 

(b) "Chairperson" means the Chairperson of the National Green Tribunal; 

(c) "environment" includes water, air and land and the inter-relationship, which exists among and 
between  water,  air  and  land  and  human  beings,  other  living  creatures,  plants,  micro-organism  and 
property; 

(d)  "Expert  Member"  means  a  member  of  the  Tribunal  who,  is  appointed  as  such,  and  holds 

qualifications 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; 

1.  18th  October,  2010,  vide  notification  No.  S.O  2569(E),  dated  18th  October,  2010,  see  Gazette  of  India, 
Extraordinary, Part II, sec. 3(ii).  

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(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 trust, 
(vii) a local authority, and 
(viii) every artificial juridical person, not falling within any of the preceding sub-clauses; 

(k) "prescribed" means prescribed by rules made under this Act; 
(l) "Schedule" means Schedules I, II and III appended to this Act; 
(m) "substantial question relating to environment" shall include an instance where,— 

(i) there is a direct violation of a specific statutory  environmental obligation by a person by 

which,— 

(A) the community at large other than an individual or group of individuals is affected or 

likely to be affected by the environmental consequences; or 

(B) the gravity of damage to the environment or property is substantial; or 
(C) the damage to public health is broadly measurable; 

(ii) the environmental consequences relate to a specific activity or a point source of pollution; 

(n) "Tribunal" means the National Green Tribunal established under section 3; 
(o) "workman" has the meaning assigned to it in the Workmen's Compensation Act, 1923 (8 of 

1923). 

(2)  The  words  and  expressions  used  in  this  Act  but  not  defined  herein  and  defined  in  the  Water 
(Prevention  and  Control  of  Pollution)  Act,  1974  (6  of  1974),  the  Water  (Prevention  and  Control  of 
Pollution)  Cess  Act,  1977  (36  of  1977),  the  Forest  (Conservation)  Act,  1980  (69  of  1980),  the  Air 
(Prevention  and  Control  of  Pollution)  Act,  1981  (14  of  1981),  the  Environment  (Protection)  Act,  1986   
(29 of 1986), the Public Liability Insurance Act, 1991 (6 of 1991) and the Biological Diversity Act, 2002 
(18  of  2003)  and  other  Acts  relating  to  environment  shall  have  the  meaning,  respectively,  assigned  to 
them in those Acts. 

CHAPTER II 
ESTABLISHMENT OF THE TRIBUNAL 

3. Establishment of Tribunal.—The Central Government shall, by notification, establish, with effect 
from such date1 as may be specified therein, a Tribunal to be known as the National Green Tribunal to 
exercise the jurisdiction, powers and authority conferred on such Tribunal by or under this Act. 

1.  18th  October,  2010,  vide  notification  No.  S.O  2570(E),  dated  18th  October,  2010,  see  Gazette  of  India, 

Extraordinary, Part II, sec. 3(ii).  

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4. Composition of Tribunal.—(1) The Tribunal shall consist of— 

(a) a full time Chairperson; 

(b) not less than ten but subject to maximum of twenty full time Judicial Members as the Central 

Government may, from time to time, notify; 

(c) not less than ten but subject to maximum of twenty full time Expert Members, as the Central 

Government may, from time to time, notify. 

(2)  The  Chairperson  of  the  Tribunal  may,  if  considered  necessary,  invite  any  one  or  more  person 
having  specialised  knowledge  and  experience  in  a  particular  case  before  the  Tribunal  to  assist  the 
Tribunal in that case. 

 (3) The Central Government may, by notification, specify the ordinary place or places of sitting of 

the Tribunal, and the territorial jurisdiction falling under each such place of sitting. 

(4) The Central Government may, in consultation with the Chairperson of the Tribunal, make rules 

regulating generally the practices and procedure of the Tribunal including— 

(a) the rules as to the persons who shall be entitled to appear before the Tribunal; 

(b) the rules as to the procedure for hearing applications and appeals and other matters [including 
the circuit procedure for hearing at a place other than the ordinary place of its sitting falling within the 
jurisdiction referred to in sub-section (3)], pertaining to the applications and appeals; 

(c) the minimum number of Members who shall hear the applications and appeals in respect of 

any class or classes of applications and appeals: 

Provided that the number of Expert Members shall, in hearing an application or appeal, be equal 

to the number of Judicial Members hearing such application or appeal; 

(d) rules relating to transfer of cases by the Chairperson from one place of sitting (including the 

ordinary place of sitting) to other place of sitting. 

5. Qualifications for appointment of Chairperson, Judicial Member and Expert Member.—(1) 
A person shall not be qualified for appointment as the Chairperson or Judicial Member of the Tribunal 
unless he is, or has been, a Judge of the Supreme Court of India or Chief Justice of a High Court: 

Provided  that  a  person  who  is  or  has  been  a  Judge  of  the  High  Court  shall  also  be  qualified  to  be 

appointed as a Judicial Member. 

 (2) A person shall not be qualified for appointment as an Expert Member, unless he,— 

(a)  has  a  degree  in  Master  of  Science  (in  physical  sciences  or  life  sciences)  with  a  Doctorate 
degree or Master of Engineering or Master of Technology and has an experience of fifteen years in 
the  relevant  field  including  five  years  practical  experience  in  the  field  of  environment  and  forests 
(including  pollution  control,  hazardous  substance  management,  environment  impact  assessment, 
climate change management, biological diversity management and forest conservation) in a reputed 
National level institution; or 

(b)  has  administrative  experience  of  fifteen  years  including  experience  of  five  years  in  dealing 
with  environmental  matters  in  the  Central  or  a  State  Government  or  in  a  reputed  National  or  State 
level institution. 

(3) The Chairperson, Judicial Member and Expert Member of the Tribunal shall not hold any other 

office during their tenure as such. 

(4) The Chairperson and other Judicial and Expert Members shall not, for a period of two years from 
the  date  on  which  they  cease  to  hold  office,  accept  any  employment  in,  or  connected  with  the 
management or administration of, any person who has been a party to a proceeding before the Tribunal 
under this Act: 

Provided  that  nothing  contained  in  this  section  shall  apply  to  any  employment  under  the  Central 
Government  or  a  State  Government  or  local  authority  or  in  any  statutory  authority  or  any  corporation 

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established  by  or  under  any  Central,  State  or  Provincial  Act  or  a  Government  company  as  defined  in 
section 617 of the Companies Act, 1956 (1 of 1956). 

6.  Appointment  of  Chairperson,  Judicial  Member  and  Expert  Member.—(1)  Subject  to  the 
provisions of section 5, the Chairperson, Judicial Members and Expert Members of the Tribunal shall be 
appointed by the Central Government. 

(2)  The  Chairperson  shall  be  appointed  by  the  Central  Government  in  consultation  with  the  Chief 

Justice of India. 

(3)  The  Judicial  Members  and  Expert  Members  of  the  Tribunal  shall  be  appointed  on  the 

recommendations of such Selection Committee and in such manner as may be prescribed. 

7. Term of office and other conditions of service of Chairperson, Judicial Member and Expert 
Member.—The  Chairperson, Judicial Member  and Expert Member  of the  Tribunal  shall  hold  office as 
such for a term of five years from the date on which they enter upon their office, but shall not be eligible 
for re-appointment: 

Provided that in case a person, who is or has been a Judge of the Supreme Court, has been appointed 
as Chairperson or Judicial Member of the Tribunal, he shall not hold office after he has attained the age of 
seventy years: 

Provided further that in case a person, who is or has been the Chief Justice of a High Court, has been 
appointed as Chairperson or Judicial Member of the Tribunal, he shall not hold office after he has attained 
the age of sixty-seven years: 

Provided also that in case a person, who is or has been a Judge of a High Court, has been appointed as 
Judicial  Member  of  the  Tribunal,  he  shall  not  hold  office  after  he  has  attained  the  age  of  sixty-seven 
years: 

Provided  also  that  no  Expert  Member  shall  hold  office  after  he  has  attained  the  age  of  sixty-five 

years. 

8.  Resignation.—The  Chairperson,  Judicial  Member  and  Expert  Member  of  the  Tribunal  may,  by 

notice in writing under their hand addressed to the Central Government, resign their office. 

9. Salaries, allowances and other terms and conditions of service.—The salaries and allowances 
payable to, and the other terms and conditions of service (including pension, gratuity and other retirement 
benefits) of, the Chairperson, Judicial Member and Expert Member of the Tribunal 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,  Judicial  Member  and  Expert  Member  shall  be  varied  to  their  disadvantage  after  their 
appointment. 

10.  Removal  and  suspension  of  Chairperson,  Judicial  Member  and  Expert Member.—(1) The 
Central  Government  may,  in  consultation  with  the  Chief  Justice  of  India,  remove  from  office  of  the 
Chairperson or Judicial Member of the Tribunal, who,— 

(a) has been adjudged an insolvent; or 

(b) has been convicted of an offence which, in the opinion of the Central Government, involves 

moral turpitude; or 

(c) has become physically or mentally incapable; or 

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or 

(e)  has  so  abused  his  position  as  to  render  his  continuance  in  office  prejudicial  to  the  public 

interest. 

(2)  The  Chairperson  or  Judicial  Member  shall  not  be  removed  from  his  office  except  by  an  order 
made by the Central Government after an inquiry made by a Judge of the Supreme Court in which such 
Chairperson  or  Judicial  Member  has  been  informed  of  the  charges  against  him  and  given  a  reasonable 
opportunity of being heard in respect of those charges. 

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(3) The Central Government may suspend from office the Chairperson or Judicial Member in respect 
of whom a reference of conducting an inquiry  has been made to the Judge of the Supreme Court under 
sub-section (2), until the Central Government passes an order on receipt of the report of inquiry made by 
the Judge of the Supreme Court on such reference. 

(4)  The  Central  Government  may,  by  rules,  regulate  the  procedure  for  inquiry  referred  to  in  

sub-section (2). 

(5) The Expert Member may be removed from his office by an order of the Central Government on 
the grounds specified in sub-section (1) and in accordance with the procedure as may be notified by the 
Central Government: 

Provided that the Expert Member shall not be removed unless he has been given an opportunity of 

being heard in the matter. 

1[10A.  Qualifications,  terms  and  conditions  of  service  of  Chairperson,  Judicial  Member  and 
Expert  Member  .—  Notwithstanding  anything  contained  in  this  Act,  the  qualifications,  appointment, 
term of office, salaries and allowances, resignation, removal and other terms and conditions of service of 
the Chairperson, Judicial Member and Expert Member of the Tribunal appointed after the commencement 
of 2[the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act]: 

Provided  that  the  Chairperson,  Judicial  Member  and  Expert  Member  appointed  before  the 
commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the 
provisions of this Act, and the rules made thereunder as if the provisions of section 184 of the Finance 
Act, 2017 had not come into force.] 

11. To act as Chairperson of Tribunal or to discharge his functions in certain circumstances.— 
In the event of the occurrence of any vacancy in the office of the Chairperson of the Tribunal, by reason 
of his death, resignation or otherwise, such Judicial Member of the Tribunal as the Central Government 
may, by notification, authorise in this behalf, shall act as the Chairperson until the date on which a new 
Chairperson is appointed in accordance with the provisions of this Act. 

12. Staff of Tribunal.—(1) The Central Government shall determine the nature and categories of the 

officers and other employees required to assist the Tribunal in the discharge of its functions. 

(2)  The  recruitment  of  the  officers  and  other  employees  of  the  Tribunal  shall  be  made  by  the 

Chairperson in such manner as may be prescribed. 

(3) The officers and other employees of the Tribunal shall discharge their functions under the general 

superintendence of the Chairperson. 

(4) The salaries and allowances and conditions of service of the officers and other employees of the 

Tribunal shall be such as may be prescribed. 

13. Financial and administrative powers of Chairperson.—The Chairperson of the Tribunal shall 
exercise such financial and administrative powers as may be vested in him under the rules made by the 
Central Government: 

Provided  that  the  Chairperson  may  delegate  such  of  his  financial  and  administrative  powers,  as  he 
may  think  fit,  to  any  Judicial  Member  or  Expert  Member  or  officer  of  the  Tribunal  subject  to  the 
condition that the Member or such officer, while exercising such delegated power, continues to act under 
the direction, control and supervision of the Chairperson. 

CHAPTER III 

JURISDICTION, POWERS AND PROCEEDINGS OF THE TRIBUNAL 

14.  Tribunal  to  settle  disputes.—(1)  The  Tribunal  shall  have  the  jurisdiction  over  all  civil  cases 
where a substantial question relating to environment (including enforcement of any legal right relating to 

1. Ins. by Act 7 of 2017, s. 182 (w.e.f. 26-5-2017). 

              2. Subs. by Act 33 of 2021, s. 27, for “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall 

be governed by the provisions of the section 184 of that Act” (w.e.f. 4-4-2021). 

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environment), is involved and such question arises out of the implementation of the enactments specified 
in Schedule I. 

(2) The Tribunal shall hear the disputes arising from the questions referred to in sub-section (1) and 

settle such disputes and pass order thereon. 

(3) No application for adjudication of dispute under this section shall be entertained by the Tribunal 
unless it is made within a period of six months from the date on which the cause of action for such dispute 
first arose: 

Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause 
from filing the application within the said period, allow it to be filed within a further period not exceeding 
sixty days. 

15. Relief, compensation and restitution.—(1) The Tribunal may, by an order, provide,—  

(a) relief and compensation to the victims of  pollution and other environmental damage arising 
under  the  enactments  specified  in  the  Schedule  I  (including  accident  occurring  while  handling  any 
hazardous substance); 

(b) for restitution of property damaged; 

(c) for restitution of the environment for such area or areas,  

as the Tribunal may think fit. 

(2) The relief and compensation and restitution of property and environment referred to in clauses (a), 
(b) and (c) of sub-section (1) shall be in addition to the relief paid or payable under the Public Liability 
Insurance Act, 1991 (6 of 1991). 

(3) No application for grant of any compensation or relief or restitution of property or environment 
under this section shall be entertained by the Tribunal unless it is made within a period of five years from 
the date on which the cause for such compensation or relief first arose: 

Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause 
from filing the application within the said period, allow it to be filed within a further period not exceeding 
sixty days. 

(4) The Tribunal may, having regard to the damage to public health, property and environment, divide 
the  compensation  or  relief  payable  under  separate  heads  specified  in  Schedule  II  so  as  to  provide 
compensation or relief to the claimants and for restitution of the damaged property or environment, as it 
may think fit. 

(5) Every claimant of the compensation or relief under this Act shall intimate to the Tribunal about 
the application filed to, or, as the case may be, compensation or relief received from, any other court or 
authority. 

16. Tribunal to have appellate jurisdiction.—Any person aggrieved by,— 

(a)  an  order  or  decision,  made,  on  or  after  the  commencement  of  the  National  Green  Tribunal 
Act,  2010,  by  the  appellate  authority  under  section  28  of  the  Water  (Prevention  and  Control  of 
Pollution) Act, 1974 (6 of 1974); 

(b) an order passed, on or after the commencement of the National Green Tribunal Act, 2010, by 
the State Government under section 29 of the Water (Prevention and Control of Pollution) Act, 1974 
(6 of 1974); 

(c) directions issued, on or after the commencement of the National Green Tribunal Act, 2010, by 
a Board, under section 33A of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); 

(d) an order or decision made, on or after the commencement of the National Green Tribunal Act, 
2010, by the appellate authority under section 13 of the Water (Prevention and Control of Pollution) 
Cess Act, 1977 (36 of 1977); 

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(e) an order or decision made, on or after the commencement of the National Green Tribunal Act, 
2010, by the State Government or other authority under section 2 of the Forest (Conservation) Act, 
1980 (69 of 1980); 

(f) an order or decision, made, on or after the commencement of the National Green Tribunal Act, 
2010, by the Appellate Authority under section 31 of the Air (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  or  direction  or 
determination is communicated to him, prefer an appeal to the Tribunal: 

Provided that the Tribunal may, if it is satisfied that the appellant was prevented by sufficient cause 
from filing the appeal within the said period, allow it to be filed under this section within a further period 
not exceeding sixty days. 

17. Liability to pay relief or compensation in certain cases.—-(1) Where 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. 

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  particulars,  and,  be 
accompanied by such documents and such fees as may be prescribed. 

(2) Without prejudice to the provisions contained in section 16, an application for grant of relief or 

compensation or settlement of dispute may be made to the Tribunal by— 

 (a) the person, who has sustained the injury; or 

(b) the owner of the property to which the damage has been caused; or 

(c)  where  death  has  resulted  from  the  environmental  damage,  by  all  or  any  of  the  legal 

representatives of the deceased; or 

(d) any agent duly authorised by such person or owner of such property or all or any of the legal 

representatives of the deceased, as the case may be; or 

(e) any person aggrieved, including any representative body or organisation; or 

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(f)  the  Central  Government  or  a  State  Government  or  a  Union  territory  Administration  or  the 
Central Pollution Control Board or a State Pollution Control Board or a Pollution Control Committee 
or a local authority, or any environmental authority constituted or established under the Environment 
(Protection) Act, 1986 (29 of 1986) or any other law for the time being in force: 

Provided  that  where  all  the  legal  representatives  of  the  deceased  have  not  joined  in  any  such 
application  for  compensation  or  relief  or  settlement  of  dispute,  the  application  shall  be  made  on 
behalf  of,  or,  for  the  benefit  of  all  the  legal  representatives  of  the  deceased  and  the  legal 
representatives who have not so joined shall be impleaded as respondents to the application: 

Provided further that the person, the owner, the legal representative, agent, representative body or 
organisation  shall  not  be  entitled  to  make  an  application  for  grant  of  relief  or  compensation  or 
settlement of dispute if such person, the owner, the legal representative, agent, representative body or 
organisation have preferred an appeal under section 16. 

(3) The application, or as the case may be, the appeal filed before the Tribunal under this Act shall be 
dealt  with  by  it  as  expeditiously  as  possible  and  endeavour  shall  be  made  by  it  to  dispose  of  the 
application,  or,  as the case  may  be,  the  appeal,  finally  within  six  months  from  the  date of  filing  of the 
application, or as the case may be, the appeal, after providing the parties concerned an opportunity to be 
heard. 

19. Procedure and powers of Tribunal.—-(1) The Tribunal shall not be bound by the procedure laid 
down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural 
justice. 

(2) Subject to the provisions of this Act, the Tribunal shall have power to regulate its own procedure. 

(3) The Tribunal shall also not be bound by the rules of evidence contained in the Indian Evidence 

Act, 1872 (1 of 1872). 

(4)  The  Tribunal  shall  have,  for  the  purposes  of  discharging  its  functions  under  this  Act,  the  same 
powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a 
suit, in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents; 

(c) receiving evidence on affidavits; 

(d)  subject  to  the  provisions  of  sections  123  and  124  of  the  Indian  Evidence  Act,  1872  
(1 of 1872), requisitioning any public record or document or copy of such record or document from 
any office; 

(e) issuing commissions for the examination of witnesses or documents; 

(f) reviewing its decision; 

(g) dismissing an application for default or deciding it ex parte; 

(h) setting aside any order of dismissal of any application for default or any order passed by it  

ex parte; 

 (i)  pass  an  interim  order  (including  granting  an  injunction  or  stay)  after  providing  the  parties 

concerned an opportunity to be heard, on any application made or appeal filed under this Act; 

(j)  pass  an  order  requiring  any  person  to  cease  and  desist  from  committing  or  causing  any 

violation of any enactment specified in Schedule I; 

(k) any other matter which may be prescribed. 

(5)  All  proceedings  before  the  Tribunal  shall  be  deemed  to  be  the  judicial  proceedings  within  the 
meaning of sections 193, 219 and 228 for the purposes of section 196 of the Indian Penal Code  (45 of 
1860) and the Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter 
XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). 

10 

 
20. Tribunal to apply certain principles.—The Tribunal shall, while passing any order or decision 
or  award,  apply  the  principles  of  sustainable  development,  the  precautionary  principle  and  the  polluter 
pays principle. 

21. Decision to be taken by majority.—-The decision of the Tribunal by majority of Members shall 

be binding: 

Provided that if there is a difference of opinion among the Members hearing an application or appeal, 
and the opinion is equally divided, the Chairperson shall hear (if he has not heard earlier such application 
or appeal) such application or appeal and decide: 

Provided further that where the Chairperson himself has heard such application or appeal along with 
other Members of the Tribunal, and if there is a difference of opinion among the Members in such cases 
and the opinion is equally devided, he shall refer the matter to other Members of the Tribunal who shall 
hear such application or appeal and decide. 

22.  Appeal  to  Supreme  Court.—-Any  person  aggrieved  by  any  award,  decision  or  order  of  the 
Tribunal, may, file an appeal to the Supreme Court, within ninety days from the date of communication of 
the  award,  decision  or  order  of  the  Tribunal,  to  him,  on  any  one  or  more  of  the  grounds  specified  in 
section 100 of the Code of Civil Procedure, 1908 (5 of 1908): 

Provided  that  the  Supreme  Court  may  entertain  any  appeal  after  the  expiry  of  ninety  days,  if  it  is 

satisfied that the appellant was prevented by sufficient cause from preferring the appeal. 

23. Cost.—-(1) While disposing of an application or an appeal under this Act, the Tribunal shall have 

power to make such order as to costs, as it may consider necessary. 

(2) Where the Tribunal holds that a claim is not maintainable, or is false or vexatious, and such claim 
is  disallowed,  in  whole  or  in  part,  the  Tribunal  may,  if  it  so  thinks  fit,  after  recording  its  reasons  for 
holding such claim to be false or vexatious, make an order to award costs, including lost benefits due to 
any interim injunction. 

24. Deposit of amount payable for damage to environment.—-(1) Where any amount by way of 
compensation or relief is ordered to be paid under any award or order made 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  or  relief  credited  to  the  Environmental  Relief  Fund  under  
sub-section  (1),  may,  notwithstanding  anything  contained  in  the  Public  Liability  Insurance  Act,  1991  
(6  of  1991)  be  utilised  by  such  persons  or  authority,  in  such  manner  and  for  such  purposes  relating  to 
environment, as may be prescribed. 

25. Execution of award or order or decision of Tribunal.—-(1) An award or order or decision of 
the Tribunal under this Act shall be executable by the Tribunal as a decree of a civil court, and for this 
purpose, the Tribunal shall have all the powers of a civil court. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  Tribunal  may  transmit  any  order  or 
award made by it to a civil court having local jurisdiction and such civil court shall execute the order or 
award as if it were a decree made by that court. 

(3) Where the person responsible, for death of, or injury to any person or damage to any property and 
environment,  against  whom  the  award  or  order  is  made  by  the  Tribunal,  fails  to  make  the  payment  or 
deposit the amount as directed by the Tribunal within the period so specified in the award or order, such 
amount, without prejudice to the filing of complaint for prosecution for an offence under this Act or any 
other  law for the time  being  in  force,  shall  be recoverable from  the  aforesaid person  as arrears  of  land 
revenue or of public demand. 

11 

 
 
 
CHAPTER IV 

PENALTY 

26.  Penalty  for  failure  to  comply  with  orders  of  Tribunal.—-(1)  Whoever,  fails  to  comply  with 
any order or award or decision of the Tribunal under this Act, he shall be punishable with imprisonment 
for a term which may extend to three years, or with fine which may extend to ten crore rupees, or with 
both and in case the failure or contravention continues, with additional fine which may extend to twenty-
five thousand rupees for every day during which such failure or contravention continues after conviction 
for the first such failure or contravention: 

Provided that in case a company fails to comply with any order or award or a decision of the Tribunal 
under this Act, such company shall be punishable with fine which may extend to twenty-five crore rupees, 
and  in  case  the  failure  or  contravention  continues,  with  additional  fine  which  may  extend  to  one  lakh 
rupees  for  every  day  during  which  such failure  or  contravention  continues after  conviction for the first 
such failure or contravention. 

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) every 

offence under this Act shall be deemed to be non-cognizable within the meaning of the said Code. 

27.  Offences  by  companies.—-(1)  Where  any  offence  under  this  Act  has  been  committed  by  a 
company, every person who, at the time the offence was committed, was directly in charge of, and was 
responsible to the company for the conduct of the business of the company, as well as the company, shall 
be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and  punished 
accordingly:  

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment provided in this Act, if he proves that the offence was committed without his knowledge or 
that he had exercised all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed  by  the  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other 
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty 
of that offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

 (a) "company" means any body corporate and includes a firm or other association of individuals; 

and 

 (b) "director" in relation to a firm means a partner in the firm. 

28. Offences by Government Department.—-(1) Where any Department of the Government fails to 
comply with any order or award or decision of the Tribunal under this Act, the Head of the Department 
shall  be  deemed  to  be  guilty  of  such  failure  and  shall  be  liable  to  be  proceeded  against  for  having 
committed an offence under this Act and punished accordingly: 

Provided that nothing contained in this section shall render such Head of the Department liable to any 
punishment if he proves that the offence was committed without his knowledge or that he exercised all 
due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed by a Department of the Government and it is proved that the offence has been committed with 
the consent or connivance of, or is attributable to any neglect on the part of any officer, other than the 
Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable 
to be proceeded against and punished accordingly. 

12 

 
 
 
CHAPTER V 

MISCELLANEOUS 

29. Bar of jurisdiction.—-(1) With effect from the date of establishment of the Tribunal under this 
Act,  no  civil  court  shall  have  jurisdiction  to  entertain  any  appeal  in  respect  of  any  matter,  which  the 
Tribunal is empowered to determine under its appellate jurisdiction.  

(2)  No  civil  court  shall  have  jurisdiction  to  settle  dispute  or  entertain  any  question  relating  to  any 
claim for granting any relief or compensation or restitution of property damaged or environment damaged 
which may be adjudicated upon by the Tribunal, and no injunction in respect of any action taken or to be 
taken by or before the Tribunal in respect of the settlement of such dispute or any such claim for granting 
any relief or compensation or restitution of property damaged or environment damaged shall be granted 
by the civil court. 

30.  Cognizance  of  offences.—-(1)  No  court  shall  take  cognizance  of  any  offence  under  this  Act 

except on a complaint made by— 

(a)  the  Central  Government  or  any  authority  or  officer  authorised  in  this  behalf  by  that 

Government; or 

(b)  any  person  who  has  given  notice  of  not  less  than  sixty  days  in  such  manner  as  may  be 
prescribed,  of  the  alleged  offence  and  of  his  intention  to  make  a  complaint,  to  the  Central 
Government or the authority or officer authorised as aforesaid. 

(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. 

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). 

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. 

33.  Act  to  have  overriding  effect.—The  provisions  of  this  Act,  shall  have  effect  notwithstanding 
anything inconsistent contained in any other law for the time being in force or in any instrument having 
effect by virtue of any law other than this Act. 

34.  Power  to  amend  Schedule  I.—(1)  The  Central  Government  may,  by  notification,  amend  the 
Schedule I by including therein any other Act, enacted by Parliament having regard to the objective of 
environmental  protection  and  conservation  of  natural  resources,  or  omitting  therefrom  any  Act  already 
specified  therein  and  on  the  date  of  publication  of  such  notification,  such  Act  shall  be  deemed  to  be 
included in or, as the case may be, omitted from the Schedule I. 

(2)  A  copy  of  every  notification  proposed  to  be  issued  under  sub-section  (1),  shall  be  laid  in  draft 
before  each  House  of  Parliament,  while  it  is  in  session,  for  a  total  period  of  thirty  days  which  may  be 
comprised in one session or in two or more successive sessions, and if, before the expiry of the session 
immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in 
disapproving  the  issue  of  the  notification  or  both  Houses  agree  in  making  any  modification  in  the 
notification,  the  notification  shall  not  be  issued  or,  as  the  case  may  be,  shall  be  issued  only  in  such 
modified form as may be agreed upon by both the Houses. 

35.  Power  to  make  rules.—-(1)  The  Central  Government  may,  by  notification  in  the  Official 

Gazette, make rules for carrying out the provisions of this Act. 

13 

 
(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

 (a) rules as to the persons who shall be entitled to appear before the Tribunal under clause (a) of 

sub-section (4) of section 4; 

(b)  the  procedure  for  hearing  applications  and  appeals  and  other  matters  pertaining  to  the 

applications and appeals under clause (b) of sub-section (4) of section 4; 

(c) the minimum number of members who shall hear the applications and appeals in respect of 

any class or classes of applications and appeals under clause (c) of sub-section (4) of section 4; 

(d) the transfer of cases by the Chairperson from one place of sitting (including the ordinary place 

of sitting) to other place of sitting; 

(e) the  selection  committee  and the  manner  of  appointment  of the Judicial  Member  and  Expert 

Member of the Tribunal under sub-section (3) of section 6; 

(f)  the salaries  and  allowances  payable  to,  and  other  terms  and  conditions  of  service (including 
pension,  gratuity  and  other  retirement  benefits)  of,  the  Chairperson,  Judicial  Member  and  Expert 
Member of the Tribunal under section 9; 

(g) the  procedure  for  inquiry  of  the charges  against  the  Chairperson or Judicial  Member  of the 

Tribunal under sub-section (4) of section 10; 

(h)  the  recruitment  of  officers  and  other  employees  of  the  Tribunal  under  sub-section  (2)  of 
section 12; and the salaries and allowances and other conditions of service of the officers and other 
employees of the Tribunal under sub-section (4) of that section; 

(i)  the  financial  and  administrative  powers  to  be  exercised  by  the  Chairperson  of  the  Tribunal 

under section 13; 

(j) the form of application or appeal, the particulars which it shall contain and the documents to 

be accompanied by and the fees payable under sub-section (1) of section 18; 

(k)  any  such  matter  in  respect  of  which  the  Tribunal  shall  have  powers  of  a  civil  court  under 

clause (k) of sub-section (4) of section 19; 

(l) the manner and the purposes for which the amount of compensation or relief credited to the 

Environment Relief Fund shall be utilised under sub-section (2) of section 24; 

 (m)  the  manner  of  giving  notice  to  make  a  complaint  under  clause  (b)  of  sub-section  (1)  of 

section 30; 

(n) any other matter which is required to be, or may be, specified by rules or in respect of which 

provision is to be made by rules. 

(3) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it 
is made, before each House of Parliament, while it is in session, for a total period of thirty days which 
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the 
session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in 
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule. 

36. Amendment of certain enactments.—-The enactments specified in the Schedule III to this Act 
shall be amended in the  manner specified therein and such amendments shall take effect on the date of 
establishment of the Tribunal. 

37. Power to remove difficulties.—-(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government, may, by order published in the Official Gazette, make such provisions, 
not  inconsistent  with  the  provisions  of  this  Act  as  may  appear  to  it  to  be  necessary  for  removing  the 
difficulty: 

14 

 
Provided  that  no  such  order  shall  be  made  after  the  expiry  of  a  period  of  two  years  from  the 

commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament. 

38. Repeal and savings.—-(1) The National Environment Tribunal Act, 1995 (27 of 1995) and the 
National  Environment  Appellate  Authority  Act,  1997  (22  of  1997)  are  hereby  repealed  (hereinafter 
referred to as the repealed Act).  

(2)  Notwithstanding  such  repeal,  anything  done  or  any  action  taken  under  the  said  Acts  shall  be 

deemed 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  under  
sub-section (1) of section 3 of the National Environment Appellate Authority Act, 1997 (22 of 1997) on 
or before the establishment of the National Green Tribunal under the National Green Tribunal Act, 2010, 
shall, on such establishment, stand transferred to the said National Green Tribunal and the National Green 
Tribunal shall dispose of such cases as if they were cases filed under that Act. 

(6)  The  officers  or  other  employees  who  have  been,  immediately  before  the  dissolution  of  the 
National  Environment  Appellate  Authority  appointed  on  deputation  basis  to  the  National  Environment 
Appellate  Authority,  shall,  on  such  dissolution,  stand  reverted  to  their  parent  cadre,  Ministry  or 
Department, as the case may be. 

(7)  On  the  dissolution  of  the  National  Environment  Appellate  Authority,  the  officers  and  other 
employees appointed on contract basis under the National Environment Appellate Authority and holding 
office as such immediately before such dissolution, shall vacate their respective offices and such officers 
and other employees shall be entitled to claim compensation for three months' pay and allowances or pay 
and allowances for the remaining period of service, whichever is less, for the premature termination of 
term of their office under their contract of service. 

(8)  The  mention  of  the  particular  matters  referred  to  in  sub-sections  (2)  to  (7)  shall  not  be  held  to 
prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with 
regard to the effect of repeal.  

15 

 
 
SCHEDULE I 

[See sections 14(1), 15(1), 17(1)(a), 17(2), 19(4) (j) and 34(1)] 

1. The Water (Prevention and Control of Pollution) Act, 1974;  

2. The Water (Prevention and Control of Pollution) Cess Act, 1977;  

3. The Forest (Conservation) Act, 1980; 

4. The Air (Prevention and Control of Pollution) Act, 1981; 

5. The Environment (Protection) Act, 1986;  

6. The Public Liability Insurance Act, 1991;  

7. The Biological Diversity Act, 2002. 

16 

 
 
SCHEDULE II 

[See sections 15(4) and 17(1)] 

HEADS UNDER WHICH COMPENSATION OR RELIEF FOR DAMAGE MAY BE CLAIMED 

(a) Death;  

(b) Permanent, temporary, total or partial disability or other injury or sickness;  

(c) Loss of wages due to total or partial disability or permanent or temporary disability;  

(d) Medical expenses incurred for treatment of injuries or sickness;  

(e) Damages to private property; 

(f)  Expenses  incurred  by  the  Government  or  any  local  authority  in  providing  relief,  aid  and 

rehabilitation to the affected persons;  

(g) Expenses incurred by the Government for any administrative or legal action or to cope with any 
harm  or  damage,  including  compensation  for  environmental  degradation  and  restoration  of  the 
quality of environment; 

 (h) Loss to the Government or local authority arising out of, or connected with, the activity causing 

any damage;  

(i) Claims on account of any harm, damage or destruction to the fauna including milch and draught 

animals and aquatic fauna; 

(j)  Claims  on  account  of  any  harm,  damage  or  destruction  to  flora  including  aquatic  flora,  crops, 

vegetables, trees and orchards;  

(k) Claims including cost of restoration on account of any harm or damage to environment including 

pollution of soil, air, water, land and eco-systems; 

 (l) Loss and destruction of any property other than private property;  

(m) Loss of business or employment or both; 

 (n)  Any  other  claim  arising  out  of,  or  connected  with,  any  activity  of  handling  of  hazardous 

substance. 

17 

 
 
SCHEDULE III 
(See section 36) 

AMENDMENT TO CERTAIN ENACTMENTS 

PART I 

AMENDMENT TO THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 

(6 OF 1974) 

 Insertion of new section 33B.—After section 33A, the following section shall be inserted, namely:— 

Appeal to National Green Tribunal.—"33B. Any person aggrieved by,— 

(a)  an  order  or  decision  of  the  appellate  authority  under  section  28,  made  on  or  after  the 

commencement of the National Green Tribunal Act, 2010; or 

(b) an order passed by the State Government under section 29, on or after the commencement of 

the National Green Tribunal Act, 2010; or  

(c) directions issued under section 33A by a Board, 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 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  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 IV 

AMENDMENT TO THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 

(14 OF 1981) 

Insertion of new section 31B.—After section 31A, the following section shall be inserted, namely:— 

"31B. Appeal to National Green Tribunal.—Any person aggrieved by an order or decision of the 
Appellate  Authority  under  section  31,  made  on  or  after  the  commencement  of  the  National  Green 

18 

 
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 V 

AMENDMENT TO THE ENVIRONMENT (PROTECTION) ACT, 1986 

(29 OF 1986) 

Insertion of new section 5A.—After section 5, the following section shall be inserted, namely:— 

"5A. Appeal to National Green Tribunal.—Any person aggrieved by any directions issued under 
section  5,  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 VI 

AMENDMENTS TO THE BIOLOGICAL DIVERSITY ACT, 2002 

(18 OF 2003) 

1.  Amendment  of  section  52.—In  section  52,  after  the  proviso,  the  following  provisos  shall  be 

inserted, namely:— 

"Provided  further  that  nothing  contained  in  this  section  shall  apply  on  and  from  the 

commencement of the National Green Tribunal Act, 2010: 

 Provided also that any appeal pending before the High Court, before the commencement of the 
National Green Tribunal Act, 2010, shall continue to be heard and disposed of by the High Court as if 
the National Green Tribunal had not been established under section 3 of the National Green Tribunal 
Act, 2010.". 

2. Insertion of new section 52A.—After section 52, the following section shall be inserted, namely:— 

"52A.  Appeal  to  National  Green  Tribunal.—Any  person  aggrieved  by  any  determination  of 
benefit  sharing  or  order  of  the  National  Biodiversity Authority  or  a  State  Biodiversity  Board  under 
this Act, 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.". 

19 

 
 
 
 
