 the national green tribunal bill, 2009———— arrangement of clauses———— chapter i preliminary clauses1 short title and commencement 2 definitions chapter ii establishment of the tribunal3 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 andexpert member8 resignation 9 salaries, allowances and other terms and conditions of service10 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 tribunal14 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 decision to be taken by majority 21 finality of order 22 cost 23 deposit of amount payable for damage to environment 24 execution of award or order of tribunal chapter iv penalty25 penalty for failure to comply with orders of tribunal 26 offences by companies 27 offences by government department chapter v miscellaneous28 bar of jurisdiction 29 cognizance of offences 30 members and staff of tribunal to be public servants 31 protection of action taken in good faith 32 act to have overriding effect 33 power to amend schedule i 34 power to make rules 35 amendment of certain enactments 36 power to remove difficulties 37 repeal and savingsschedule i schedule ii schedule iiibill no 63 of 2009 the national green tribunal bill, 2009 a billto 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 diciplinary issues relating to the environmentbe it enacted by parliament in the sixtieth year of the republic of india as follows: — chapter  i preliminary1 (1) this act may be called the national green tribunal act, 2009short title and commencement(2) it shall come into force on such date or dates as the central government may, by notification, appoint, and different dates may be aapointed for different states and any reference in any provision of this act to the commencement of this act shall be construed in relation to any state or part thereof as a reference to the coming into force of that provision in that state or part thereofdefinitions2 (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 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;29 of 19866 of 1991(f) "hazardous substance" means any substance or preparation which is defined as hazardous substance in the environment (protection) act, 1986, and exceeding such quantity as specified or may be specified by the central government under the public liability insurance act, 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, 19238 of 19236 of 1974 36 of 1977 69 of 1980 14 of 1981 29 of 1986 6 of 1991 18 of 2003(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, the water (prevention and control of pollution) cess act, 1977, the forest (conservation) act, 1980, the air (prevention and control of pollution) act, 1981, the environment (protection) act, 1986, the public liability insurance act, 1991 and the biological diversity act, 2002 and other acts relating to environment shall have the meaning, respectively, assigned to them in those acts chapter  ii establishment of the tribunalestablishment of tribunal3  the central government shall, by notification, establish with effect from such date 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 act4 (1) the tribunal shall consist of—composition of tribunal(a) a full time chairperson; (b) such number of full time judicial members as the central government may,from time to time, notify;(c) such number of 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 tribunal shall sit at such place or places, as the central government may, by notification, specify(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) rules as to the persons who shall be entitled to appear before the tribunal; (b) rules as to the procedure for hearing applications and appeals and other matters 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 5 (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,—qualifications for appointment of chairperson, judicial member and expert member(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 and 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 one year 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:1 of 1956provided  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 established by  or  under  any  central, state or provincial act or  a  government company  as  defined in section 617 of the companies act, 19566 (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 indiaappointment of chairperson, judicial member and expert member(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 prescribed7 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:term of office and other conditions of service of chairperson, judicial member and expert memberprovided 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 yearsprovided 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 yearsprovided 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 yearsresignation8 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 office9 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:salaries, allowances and other terms and conditions of serviceprovided 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 appointment10 (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; orremoval and suspension of chairperson, judicial member and expert member(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(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 matter11 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, authorised 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 actto act as chairperson of tribunal or to discharge his functions in certain circumstances staff of tribunal12 (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 prescribed13 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:financial and administrative powers ofchairpersonprovided 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| tribunal         ||------------------|| settle disputes |14 (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 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 subsection (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 days15 (1) the tribunal may, by an order, provide,—relief, compensation and restitution(a) relief and compensation to the victims of pollution and other environmentaldamage 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 fit6 of 1991(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(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 payable under separate heads specified in schedule ii so as to provide 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, relief received from, any other court or authority16 any person aggrieved by,—| tribunal                                                                           | to   ||------------------------------------------------------------------------------------|------|| have appellate                                                                     |      || jurisdiction                                                                      |      || (                                                                                  | a    || green tribunal act, 2009, by the appellate authority under section 28 of the water |      || (prevention and control of pollution) act, 1974;                                   |      |6 of 1974 6 of 1974(b) an order passed, on or after the commencement of the national green tribunal act, 2009, by the state government under section 29 of the water (prevention and control of pollution) act, 1974;(c) directions issued, on or after the commencement of the national green tribunal act, 2009, 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, 2009, by the appellate authority under section 13 of the water (prevention and control of pollution) cess act, 1977;36 of 1977(e) an order or decision made, on or after the commencement of the national green tribunal act, 2009, 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, 2009, of 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, 2009, 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, 2009,  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 safe guards under the environment (protection) act, 1986;29 of 1986(i) an order made, on or after the commencement of the national green tribunal act, 2009, 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, 2009, by the national biodiversity authority or a state biodiversity board under the provisions of the biological diversity act, 2002,18 of 2003may, within a period of thirty days from the date on which the order or decision or direction 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 daysliability to pay relief or compensation in certain cases17 (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 mentioned 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, operation and processes, the tribunal may, apportion the liability for relief or compensation amongst those responsible for such activities, operations and processes on an equitable basisapplication or appeal to tribunal18 (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 shall 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 representative body or organisation functioning in the field of environment, with permission of the tribunal; or(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 or any other law for the time being in force,  with the permission of the tribunal: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 heard19 (1) the tribunal shall not be bound by the procedure laid down by the code of civil procedure, 1908 but shall be guided by the principles of natural justiceprocedure and powers oftribunal5 of 1908(2) subject to the provisions of this act, the tribunal shall have power to regulate its own procedure1 of 1872(3) the tribunal shall also not be bound by the rules of evidence contained in the indian evidence act, 18725 of 1908(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, while trying a suit, in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person and examining himon oath;(b) requiring the discovery and production of documents; (c) receiving evidence on affidavits;1 of 1872(d) subject to the provisions of sections 123 and 124 of the indian evidence act,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 its 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 prescribed45 of 1860 2 of 1974(5) all proceedings before the tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 for the purposes of section 196 of the indian penal code 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, 197320 the decision of the tribunal by majority of members shall be bindingdecision to be taken bymajority21 every order of the tribunal under this act shall be final| finality    ||-------------|| order      || cost       |22 (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 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 injunctiondeposit of amount payable for damage to environment6 of 199123 (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 7aof the public liability insurance act, 1991 for being credited to the environmental relief fund established under that section6 of 1991(2) the amount of compensation or relief credited to the environmental relief fundunder sub-section (1), may, notwithstanding anything contained in the public liabilityinsurance act, 1991, be utilised by such persons or authority, in such manner and for such purposes relating to environment, as may be prescribedexecution of award or order of tribunal24 (1) an award or order or decision of the tribunal under this act shall be executableby 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 chapter iv penaltypenalty for failure to comply with orders of tribunal25 (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 contravention2 of 1974(2) notwithstanding anything contained in the code of criminal procedure, 1973, every offence under this act shall be deemed to be non-cognizable within the meaning of the said codeoffences by companies26 (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 accordinglyexplanation— 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| offences            ||---------------------|| g o v e r n m e n t || department         |27 (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 chapter v miscellaneous| bar           ||---------------|| jurisdiction |28 (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 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 shall be granted by the civil courtcognizance of offences29 (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 act30 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 codemembers and staff oftribunal to be public servants45 of 1860protection of action taken in good faith31 (1) no suit or other legal proceeding shall lie against the employees of the centralgovernment 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 members 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 thereunderact to have overriding effect32 the provisions of this act, shall have effect notwithstanding anything inconsistentcontained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this actpower to amend schedule i33 (1) the central government may, by notification, amend the schedule i by includingtherein 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 housespower to make rules34 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act(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 subsection (4) of section 4;(d) such selection committee and the manner of appointment of the judicial member and expert member of the tribunal under sub-section (3) of section 6;(e) 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;(f) the procedure for inquiry of the charges against the chairperson or judicial member of the tribunal under sub-section (4) of section 10;(g) the recruitment of officers and other employees of the tribunal under subsection (2) 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;(h) the financial and administrative powers to be exercised by the chairperson of the tribunal under section 13;(i) 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;(j) 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;(k) 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 23;(l) the manner of giving notice to make a complaint under clause (b) of subsection (1) of section 29;(m) 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 from 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 ruleamendment of certain enactments35 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 tribunalpower to remove difficulties36 (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: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| repeal                                                                                     | and   ||--------------------------------------------------------------------------------------------|-------|| savings                                                                                   |       || 27 of 1995                                                                                |       || 22 of 1997                                                                                |       || 37                                                                                        | (     || appellate authority act, 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 act22 of 1997(3) the national environment appellate authority established under sub-section (1)of section 3 of the national environment appellate authority act, 1997, shall, on the establishment of the national green tribunal under the national green tribunal act, 2009, stand dissolved22 of 1997(4)  on  the dissolution of the national environment  appellate  authority establishedunder sub-section (1) of section 3 of the national environment appellate authority act, 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, 2009, 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 service22 of 1997(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 on or before the  establishment of the national green tribunal under the national green tribunal act, 2009,  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 service10 of 1897(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 with regard to the effect of repeal schedule  i[see sections 14(1), 15(1), 17(1), 17(2), 19(4) (j) and 33(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 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, aidand rehabilitation to the affected persons;(g) expenses incurred by the government for any administrative or legal action or tocope 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, theactivity causing any damage;(i) claims on account of any harm, damage or destruction to the fauna including milchand draught animals and aquatic fauna;(j) claims on account of any harm, damage or destruction to flora including aquaticflora, crops, vegetables, trees and orchards;(k) claims including cost of restoration on account of any harm or damage toenvironment 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 ofhazardous substance schedule  iii (see section 35) amendment to certain enactments part i amendment to the water (prevention and control of pollution) act, 1974 (6 of 1974)insertion of new after section 33a, the following section shall  be inserted, namely:—section 33b appeal to national"33b any person aggrieved by,—-green tribunal(a) an order or decision of the appellate authority under section 28, made on or after the commencement of the national green tribunal act, 2009; or(b) an order passed by the state government under section29, on or after the commencement of the national green tribunal act, 2009; or(c) directions issued under section 33a by a board, on or after the commencement of the national green tribunal act, 2009, may file an appeal to the national green tribunal established under section 3 of the national green tribunal act, 2009, 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)amendment of section 131 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 substitutedinsertion of new2  after section 13, the following section shall  be inserted, namely:—section 13aappeal to national green tribunal"13a 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, 2009, may file an appeal to the national green tribunal established under section 3 of the national green tribunal act, 2009, in accordance with the provisions of that act" part iii amendment to the forest (conservation) act, 1980 (69  of 1980)insertion of new after section 2, the following section shall be inserted, namely:—section 2aappeal to national green tribunal"2a 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, 2009, may file an appeal to the national green tribunal established under section 3 of the national green tribunal act, 2009, 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 after section 31a, the following section shall  be inserted, namely:—section 31b appeal to national"31b any person aggrieved by an order or decision of the appellate authority green tribunalunder section 31, made on or after the commencement of the national green tribunal act, 2009, may file an appeal to the national green tribunal established under section 3 of the national green tribunal act, 2009, in accordance with the provisions of that act" part v amendment to the environment (protection) act, 1986 (29 of 1986)insertion of new after section 5, the following section shall be inserted, namely:-section 5aappeal to national green tribunal"5a any person aggrieved by any directions issued under section 5,on or after  the commencement of the national green tribunal act, 2009, may file an appeal to the national green tribunal established under section 3 of the national green tribunal act, 2009, in accordance with the provisions of that act" part vi amendments to the biological diversity act, 2002 (18 of 2003)amendment of1 in section 52, after the proviso, the following provisos shall  be inserted, namely:—section 52"provided further that nothing contained in this section shall apply on and from the commencement of the national green tribunal act, 2009:provided also that any appeal pending before the high court, before the commencement of the national green tribunal act, 2009, 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, 2009"insertion of new2 after section 52, the following section shall be inserted, namely:-section 52aappeal to national green tribunal"52a 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, 2009, may file an appeal to the national green tribunal established under section 3 of the national green tribunal act, 2009, in accordance with the provisions of that act" statement of objects and reasonsthe rapid expansion in industrial, infrastructure and transportation sectors and increasing urbanisation in recent years have given rise to new pressures on our natural resources and environment there is a commensurate increase in environment related litigation pending in various courts and other authorities the risk to human health and environment arising out of hazardous activities has also become a matter of concern2 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 the united nations conference on environment and development held at rio de janeiro in june, 1992, in which india participated, has also called 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 damage3 the right to healthy environment has been construed as a part of the right to life under article 21 of the constitution in the judicial pronouncement in india4 the national environment tribunal act, 1995 was enacted 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 however, the national environment tribunal, which had a very limited mandate, was not established the national environment appellate authority act, 1997 was enacted to establish the national environment appellate authority to hear appeals with respect to restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards under the environment (protection) act, 1986 the national environment appellate authority has a limited workload because of the narrow scope of its jurisdiction5 taking into account the large number of environmental cases pending in higher courts and the involvement of multidisciplinary issues in such cases, the supreme court requested the law commission of india to consider the need for constitution of specialised environmental courts pursuant to the same, the law commission has recommended the setting up of environmental courts having both original and appellate jurisdiction relating to environmental laws6 in view of the foregoing paragraphs, a need has been felt to establish a specialised tribunal to handle the multidisciplinary issues involved in environmental cases accordingly, it has been decided to enact a law to provide for the establishment of the national green tribunal for effective and expeditious disposal of civil cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment7 accordingly, it has been decided to introduce the national green tribunal bill, 2009which inter alia provide:—(a) for establishment of a the national green tribunal which shall consist of a chairperson and such number of judicial and expert members as the central government may notify;(b) that a person who is or has been a judge of the supreme court or a chief justice of a high court shall be eligible for appointment as the chairperson or judicial member of the tribunal;(c) that a person who is or has been a judge of a high court shall also be eligible for appointment as a judicial member;(d) that a person who is either an expert in physical sciences or life sciences or engineering, or who has administrative experience in dealing with environmental matters shall be qualified for appointment as an expert member;(e) that 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 environment), is involved and such question arises out of the implementation of the enactments specified in the schedule i to the bill and to grant relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the schedule i to the bill and to hear appeals under certain enactments specified in the schedule iii to the bill;(f) the repeat of the 'national environmental  tribunal act, 1995' and the 'national environment appellate authority act, 1997' 8 the bill seeks to achieve the aforesaid objectives ———— president's recommendation under article 117 of the constitution of india[copy of letter f no 1(18)/2003-pl dated the 29th july, 2009 from shri jairam ramesh, minister of state for environment and forests to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed national green tribunal bill, 2009, recommends the introduction and consideration of the bill in lok sabha under clauses (1) and (3) of article 117 of the constitution notes on clausesclause 2— this clause defines various expressions used in the bill  it inter alia defines expressions "accident", "chairperson", "environment", "expert member", "hazardous substance", "injury", "judicial member", "person", "substantial question relating to environment", "tribunal" and "workman" used in the billclause 3— this clause  provides for the establishment of  a tribunal to be known as the national green tribunal to exercise the jurisdiction, powers and authority conferred on such tribunal by or under the proposed legislationclause 4—this clause specifies the composition of the tribunal the tribunal shall consist of a full-time chairperson, such number of full time judicial members and expert members  as the central government may, from time to time, notify sub-clause (2) provides that 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 sub-clause (3) provides that the tribunal shall sit at such place or places as the central government may, by notification, specify sub-clause (4)empowers the central government to make rules in consultation with the chairperson of the tribunal regulating generally the practices and procedure of the tribunal including rules as to the persons who shall be entitled to appear before the tribunal, the procedure for hearing applications and appeals and other matters pertaining to the applications and appeals, and the minimum number of members who shall hear the applications and appeals in respect of any class or classes of applications and appealsclause 5—this clause specifies the qualifications for appointment of chairperson, judicial member and expert member it provides that 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 and a person who is or had been a judge of high court shall also be qualified to be appointed as a judicial member and a person shall not be qualified for appointment as an expert member, unless he has a degree in master of science 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 and  biological diversity management and forest conservation) in a reputed national level institution, or has administrative experience of fifteen years including practical 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 sub-clause (3) provides that no chairperson judicial member and expert member shall hold any other office during his tenure sub-clause (4) restricts the member from accepting 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 after they cease to hold office, for a period of one yearclause 6—this clause provides for manner of appointment of the chairperson, judicial member and expert member it provides that the chairperson shall be appointed by the central government in consultation with the chief justice of india and the judicial members and expert members of the tribunal shall be appointed on the recommendations of the selection committee in such manner as may be prescribedclause 7—this clause provides that 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 it also provides expert members 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 it also provides that if a person who is or has been a judge of the supreme court is appointed as the chairperson, he shall hold office as such till he attains the age of seventy years, and in case a person who is or has been chief justice of a high court is appointed as the chairperson or judicial member, he shall hold office as such till the age of sixty-seven years in case a person who is or has been a judge of a high court is appointed as a judicial member, he shall hold office as such till the age of sixty-seven years the expert member shall not hold office after he has attained the age of sixty five yearsclause 8—this clause makes provision for resignation by the chairperson, judicial member and expert member it provides that 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 officeclause 9—this clause provides that 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 it also provides that the salary and allowances or the other terms and conditions of service of the chairperson, judicial member and expert member shall not be varied to their disadvantage after their appointmentclause 10—this clause lays down the provisions for removal and suspension of chairperson, judicial member and expert member sub-clause (1) provides that 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, has been adjudged an insolvent; or has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or has become physically or mentally incapable; or has acquired such financial or other interest as is likely to affect prejudicially his functions; or has so abused his position as to render his continuance in office prejudicial to the public interest it further provides that 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 it also empowers the central government to suspend the chairperson or judicial member in respect of whom a reference of conducting an inquiry has been made it also empowers the central government to regulate the procedure for inquiry referred to in sub-clause (2) thereofit also provides that the expert member may be removed from his office by an order of the central government on the grounds specified in sub-section (1) after providing him an opportunity of being heard in the matter in accordance with the procedure as may be notified by the central governmentclause 11—this clause empowers the central government to authorise any judicial member of the tribunal to act as the chairperson 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 otherwiseclause 12—this clause empowers the central government to appoint such officers and other employees as may be necessary for efficient functioning of the tribunal under the proposed legislation it also provides that the officers and other employees of the tribunal shall discharge their functions under the general superintendence of the chairperson of the tribunal the central government is also empowered to make rules providing for laying down the detailed terms and other conditions of service of its officers and employeesclause 13—this clause empowers the chairperson of the tribunal to exercise such financial and administrative powers as may be vested in him under the rules made by the central government it further empowers the chairperson to 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 chairpersonclause 14—this clause confers on the tribunal, the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment), is involved and such question arises out of the implementation of the enactments specified in schedule i to the bill it further provides a time-limit of six months within which the applications for adjudication of dispute under this section shall be entertained by the tribunal  it also empowers the tribunal to allow such applications to be filed within a further period not exceeding sixty days, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said periodclause 15—this clause empowers the tribunal to provide for the 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), or for restitution of property damaged;  or for restitution of the environment for such area or areas sub-clause (2) provides that the relief and compensation and restitution of property and environment referred to in sub-section (1) shall be in addition to the relief paid or payable under the public liability insurance act, 1991 sub-clause (3) provides a time-limit of five years within which the applications for grant of any compensation or relief or restitution of property or environment under this section shall be entertained by the tribunal  it also empowers the tribunal to allow such applications to be filed within a further period not exceeding sixty days, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period sub-clause (4) provides that the tribunal may, having regard to the damage to public health, property and environment, divide the compensation payable under separate heads mentioned in schedule ii so as to provide relief to the claimants and for restitution of the damaged property or environment, as it may think fit sub-clause (5) imposes a duty on claimant to the tribunal intimate about the application filed to, or, as the case may be, relief received from, any other court or authorityclause 16—this clause confers upon the tribunal the appellate jurisdiction against certain orders or decisions or directions  under the water (prevention and control of pollution) act, 1974; the water (prevention and control of pollution) cess act, 1977; the forest (conservation) act, 1980; the air (prevention and control of pollution) act, 1981; the environment (protection) act, 1986 and the biological diversity act, 2002, as specified in the aforesaid clause and schedule iii to the billit further provides a time-limit of thirty days within which the appeals may be filed before the tribunal  it also empowers the tribunal to allow such appeals to be filed within a further period not exceeding sixty days, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said periodclause 17—this clause makes provision relating to liability to pay relief or compensation in certain cases it provides that 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 to the bill, as may be determined by the tribunal in case where death 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 mentioned in schedule i to the bill it further empowers the tribunal that in cases where such death or injury or damage cannot be attributed to any single activity or operation or process but is the combined or resultant effect of several such activities, operation and processes, the tribunal may, apportion the liability for compensation amongst those responsible for such activities, operations and processes on an equitable basisclause 18—this clause provides that each application under clauses 14 and 15 or appeal under clause 16 made to the tribunal shall be in such form contain such particulars and shall be accompanied by such documents and such fees as may be prescribed it further provides that an application for grant of relief or compensation or settlement of dispute may, without prejudice to the provisions contained in clause 16 of the bill be made to the tribunal by certain persons specified in said clause 18 or by 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 or any other law for the time being in force, with the permission of the tribunalit also provides that application and appeals shall be dealt with by the tribunal as expeditiously as possible and endeavour shall be made to dispose of the application, or, as the case may be, the appeal, finally within six months from the date of its filing, after providing the parties concerned an opportunity to be heardclause 19—this clause lays down the procedure and powers of the tribunal it provides that the tribunal shall not be bound by the procedure laid down by the code of civil procedure, 1908 but shall be guided by the principles of natural justice it further provides that subject to the provisions of the bill, the tribunal shall have power to regulate its own procedure it also provides that the tribunal shall also not be bound by the rules of evidence contained in the indian evidence act, 1872 and for the purposes of discharging its functions under the proposed legislation, the tribunal shall have the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the matters enumerated in sub-clause (4) it also provides all proceedings before the tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 for the purposes of section 196 of the indian penal code and that the tribunal shall be deemed to be a civil court for the purposes of sections 195 and chapter xxvi of the code of criminal procedure, 1973clause 20—this clause provides that the decision of the tribunal taken by majority of members shall be bindingclause 21—this clause provides finality of the order of the tribunal made under the billclause 22—this clause empowers the tribunal to make an order for costs as it may consider necessary it provides that where the tribunal holds that a claim is not maintainable or is false or vexatious, and such claim is disallowed, in whole or part, the tribunal may, if 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 injunctionclause 23—this clause provides that 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 and shall be credited to the environmental relief fund established under that section and such amount may, notwithstanding anything contained in the public liability insurance act, 1991, be utilised by such persons or authority, in such manner and for such purposes relating to environment, as may be prescribedclause 24—this clause lays down the procedure for execution of a ward or order of the tribunal it provides that an award or order or decision of the tribunal 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 it further empowers the tribunal that it may transmit the award or order to the civil court having jurisdiction over the area in which the environmental damage or accident has occurred, and shall execute the order as if it were made by that court it also provides that if a person 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 the proposed legislation 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 demandclause 25—this clause provides for penalty for failure to comply with the orders of the tribunal it provides that  whoever, fails to comply with any order  or award  or decision of the tribunal, 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 contraventionit further provides that in case a company, fails to comply with any order or award or 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 contraventionit also provides that notwithstanding anything contained in the code of criminal procedure, 1973, every offence under the bill shall be deemed to be non-cognizable within the meaning of the said codeclause 26—this clause contains provisions relating to offences by companies it provides that where any offence under the proposed legislation 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 it further provides that 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, he shall not be liable to any punishment it also provides that if any offence has been committed by 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 accordinglyclause 27— this clause contains provision relating to offences by the government departments it provides that where any department of the government fails to comply with any order or award or decision of the tribunal 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 proposed legislation and punished accordingly it further provides that 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, he shall not be liable to any punishmentit also provides that if any offence has been committed by a department of  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 accordinglyclause 28— this clause provides bar of jurisdiction  on civil courts it provides that from the date of establishment of the tribunal, 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 jurisdictionit further provides that no civil court shall have jurisdiction to settle or entertain any question relating to any claim for granting any relief or compensation or restitution of property damaged or environment 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 shall be granted by civil courtclause 29— this clause provides that  the court shall not take cognizance of any offence under the proposed legislation except on a complaint made by the central government or any authority or officer authorised in this behalf by that government; or any person who has given notice of not less than sixty days in the manner 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 it further provides that any court inferior to that of a metropolitan magistrate or, a judicial magistrate of the first class shall not try any offence punishable under the proposed legislationclause 30— this clause provides that 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 codeclause 31— this clause make provision for protection of action taken in good faithit provides that no suit or other legal proceeding shall lie against the chairperson or judicial member or expert members of the tribunal or any other person authorised by the chairperson or judicial member or the expert member or 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 the proposed legislation or any rule or order made thereunderclause 32— this clause gives overriding effect to the provision of the proposed legislation over other laws it provides that the provisions of the bill 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 the proposed legislationclause 33— this clause empowers the central government to 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 iit further provides that a copy of every notification proposed to be issued under subclause (1), shall be laid in draft before each house of parliament for its approvalclause 34— this clause empowers the central government to make rules, by notification in the official gazette, for carrying out the provisions of the bill it further enumerates the matters for which the central government may make rules  it also provides that every rule made by the central government shall be laid before each house of parliamentclause 35— this clause makes certain amendments to the enactments specified in the schedule iii to the bill in the manner specified therein it further provides that such amendments shall take effect on the date of establishment of the tribunalclause 36— this clause provides for provisions for removal of difficulties it provides that if any difficulty arises in giving effect to the provisions of the proposed legislation, the central government, may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of the proposed legislation as may appear to it to be necessary for removing the difficulty it further provides that such order shall be made within a period of two years from the commencement of the proposed legislation it also provides that every order made under this clause shall be laid, as soon as may be after it is made, before each house of parliamentclause 37— this clause provides for repeal of the national environment tribunal act, 1995 and the national environment appellate authority act, 1997 it further provides that 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 the proposed legislationit also provides that the national environment appellate authority established under sub-section (1) of section 3 of the national environment appellate authority act, 1997, on the establishment of the national green tribunal under the national green tribunal act, 2009, shall stand dissolved and all cases pending before it shall be transferred to the national green tribunalit also makes detailed provisions relating to the vacation of office by the chairperson, vice-chairperson and  every  other  person appointed as member of the  said national environment appellate authority  and transfer and reversion of officers and employees of the said national environment appellate tribunal to their parent cadre or ministry or departmentschedule i specifies the seven of enactments under which the tribunal shall have jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment) is involved in relation to settlement of disputes, or award of relief or compensation, etcschedule ii specifies the heads under which relief or compensation for environmental damage may be claimed under the provision of the billschedule iii provides for making certain amendments to the enactments specified therein financial memorandumclause 3 of the bill relates to the establishment of the national green tribunal  under sub-clause (3) of clause 4, the tribunal shall sit at such place or places, as the central government may, by notification, specify  it is proposed that the central government shall bear the expenditure on setting up of the tribunal  the annual recurring and initial nonrecurring expenditure on the setting up of the tribunal and its sitting at five places is estimated to be rs 1884 crore and rs 188 crore respectively2 the central government already has the legal mandate for expenditure towards setting up of a national environment tribunal and its benches under the national environment tribunal act, 1995, an act which is to be repealed in view of the proposed bill  in addition, the proposed repeal of the national environment appellate authority act, 1997 and the winding up of the existing authority will also offset, to an extent, the financial liability involved in the setting up of the proposed tribunal memorandum regarding delegated legislationclause 34 of the bill empowers the central government to make, by notification in the official gazette, rules for carrying out the provisions of the proposed legislation sub-clause (2) enumerates the matters in respect of which such rules may be made these matters, inter alia, include matters (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 selection committee and the manner of appointment of the judicial member and expert member of the tribunal under sub-section (3) of section 6; (e) 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; (f) the procedure for inquiry of the charges against the chairperson or judicial member of the tribunal under sub-section (4) of section 10; (g) 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; (h) the financial and administrative powers to be exercised by the chairperson of the tribunal under section 13; (i) the form of application or appeal, particulars which it shall contain and the documents to be accompanied and the fees payable under sub-section (1) of section 18; (j) 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; (k) the manner and the purposes for which the amount of relief and compensation credited to the environment relief fund shall be utilised under sub-section (2) of section 23; (l) the manner of giving notice to make a complaint under clause (b) of sub-section (1) of section 29; (m) 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 rules2 the rules made under clause 34 of the bill, shall be laid, as soon as they are made, before both the house of parliament3 the matters in respect of which rules may be made are matter of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative powers, therefore, is of a normal character statement of objects and reasonsthe rapid expansion in industrial infrastructure and transportation sectors and increasing urbanisation in recent years have given rise to new pressures on our natural resources and environment there is a commensurate increase in environment related litigation, involving multidisciplinary issues, pending in varisous courts and other authorities the risk to human health and environment arising out of hazardous activities has also become a matter of concern2 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 the protection and improvement of the human environment the united nations conference on environment and development held at rio de janeiro in june, 1992, in which india participated, has also called 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 victim of  pollution and other environment damage3 the right to healthy environment has been construed as a part of the right to life under article 21 of the constitution in the judicial pronouncement in india4 the national environment tribunal act, 1995 was enacted 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 expenditious disposal of cases arising from such accident, with a view to giving relief and compensation for damages to persons, property and the environment however, the national environment tribunal, which had a very limited mandate, was not established the national environment appellate authority act, 1997 was enacted to establish the national environment appellate authority to hear appeals with respect to restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards under the environment (protection) act, 1986 the national environment appellate authority has a limited workload because of the narrow scope of its jurisdiction5 taking into account the large number of environmental cases pending in higher courts and the involvement of multidisciplinary issues in such cases, the supreme court asked the law commission of india to consider the need for constitution of specialised environmental courts pursuant to the same, the law commission has recommended the setting up of environmental courts having both original and appellate jurisdiction relating to environmental laws6 in view of the background stated in the foregoing paragraphs, a need has been felt to establish a specialised tribunal to handle the multidisciplinary issues involved in environment cases accordingly, it has been decided to enact a law to provide for the establishment of the national green tribunal for effective and expenditious disposal of civil cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment7 it has been decided to introduce the national green tribunal bill, 2009 for the aforesaid purpose which inter alia provides,—(a) for establishment of a national green tribunal which shall consist of a chairperson and such number of judicial and expert members as the central government may notify;(b) that the a person who is or has been judge of the supreme court or a chief justice of a high court shall be eligible for appointment as the chairperson of the tribunal;(c) that a person who is or has been a chief justice or a judge of a high court shall be eligible for appointment as a judicial member;(d) that a person who is either an physical sciences or life sciences or engineering, or who has administrative experience in dealing with environmental matters shall be qualified for appointment as an expert member;(e) 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 environment), is involved and such question arises out of the implementation of the enactments specified in schedule i to the bill and to grant relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the schedule i to the bill and to hear appeals under certain enactments specified in the schedule iii to the bill 8 the bill seeks to achieve the aforesaid objectivesnew delhi;jairam rameshthe      july, 2009 lok sabha—————— a billto 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——————(shri jairam ramesh, minister of state for environment and forests)gmgipmrnd—3443(s5)—29-07-2009