The powerpoint presentation deals with the latest amendments in National Green Tribunal Act by the Finance Act, 2017 and critically analyzing some of the important aspects of the Act.

1. NATIONAL GREEN TRIBUNAL
ACT, 2010
Prepared By:
Sandeep Mittal
Class LLB 3rd Year
Roll No 16

2. History
• In 1972, India became a party to United Nations
Conference on Human Environment which required it to
take suitable steps towards safety and enhancement of
human environment.
• In 1980s, the Supreme Court emphasized establishment of
specialized courts in both Bhopal Gas Tragedy Case and
Oleum Gas Leak Case.
• Court opined that Judges lacked specialized skills, knowledge
and expertize to dispose of environmental issues and
therefore specialized courts with experts were required for
speedy disposal of cases.

3. • In 1992, India participated in United Nations Conference on
Environment and Development held at Rio de Janerio which
imposed a duty to provide a mechanism for effective access,
redressal and remedy through judicial and administrative
proceedings, advancing national laws and provisions for
liability of defaulters.
• In compliance with the International mandate, National
Environmental Tribunal Act, 1995 was enacted.
• However, failure in implementation of the above Act, lead to
enactment of National Environment Appellate Authority
Act, 1997.

4. • In 2003, the 186th Law Commission Report criticized the
Tribunal under 1997 Act and again emphasized on
establishing environmental courts in India.
• After the recommendation of the Law Commission Report
and detailed report laid down before the Houses, Parliament
came up with a new set of Bill i.e. National Green Tribunal
Bill.
• The said bill was effectively passed and implemented as
National Green Tribunal Act, 2010.

5. Structure of the Act
Other Rules
NGT Rules and
Procedure
3 Schedules
38 Sections
5 Chapters

6. Preamble of the Act
• to provide for the establishment of a National Green Tribunal
• for the effective and expeditious disposal of cases
• relating to environmental protection and conservation of
forests and other natural resources
• including
• enforcement of any legal right relating to environment
• and giving relief and compensation for damages to persons
and property.
• The National Green Tribunal was established as per the
provisions of this Act on 2nd June, 2010.

7. Definitions
• Section 2(1)(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
• Section 2(1)(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

8. • Section 2(1)(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.
• Section 2(1)(g): “injury” includes permanent, partial or total
disablement or sickness resulting out of an accident.

9. • Section 2(1)(m): “substantial question relating to
environment” shall include an instance where –
• there is a direct violation of a specific statutory
environmental obligation by a person by which –
• the community at large other than a individual or group of
individuals is affected or likely to be affected by the environmental
consequences; or
• the gravity of damage to the environment or property is
substantial; or
• the damage to public health is broadly measurable;
• the environmental consequences relate to a specific
activity of a point of source of pollution.

10. Establishment of the
Tribunal
Chapter II

11. Establishment [Section 3]
• The Central Government shall, by notification, establish a
Tribunal to be known as national Green Tribunal to exercise
the jurisdiction, powers and authority conferred on such
Tribunal by or under this Act.

12. Structure of National Green Tribunal
Principal
Bench
New Delhi
Central Zone
Bhopal
Eastern Zone
Kolkata
Southern Zone
Chennai
Western Zone
Pune

13. Composition [Section 5]
A full time Chairperson
Not less than 10 but
subject to maximum of 20
full time Judicial Members
as Central Government
may specify
Not less than 10 but
subject to maximum of 20
full time Expert members
as the Central Government
may specify.

14. Amendment by Finance Act, 2017
• The law has been amended by Section 182 of the Finance
Act, 2017 by inserting Section 10A in the National Green
Tribunal Act, 2010 which states that qualification,
appointment, terms of office, salaries and allowances,
resignation, removal and other terms and conditions of the
service shall be governed by Section 184 of the Finance Act,
2017.
• Earlier, Section 5 to 10 dealt with these aspects
• Section 184 of the Finance Act, 2017 states that Central
Government has power to make rules, by notification in the
official gazette for qualification, appointment, terms of
office, salaries and allowances, resignation, removal and
other matters relating to Chairperson, Judicial Members and
Expert Members of National Green Tribunal.

15. • Notification of the Department of Revenue, Ministry of
Finance issued on 1st June, 2017 has clearly laid down the
rules as “The Tribunal, Appellate Tribunals and Other
Authorities (Qualifications, Experiences and other conditions
of service of members) Rules, 2017” which has substituted
the already existing rules as contained in National Green
Tribunal Act, 2010.

16. Qualification [Section 10A]
• To become a Chairperson
• is, or has been, or is qualified to be, a Judge of Supreme
Court; or
• is, or has been, Chief Justice of a High Court; or
• has, for a period of not less than three years, held office as
Judicial Member or Expert Member;
• or is a person of ability, integrity and standing, and
having special knowledge of, and professional experience of
not less than twenty-five years in law including five years’
practical experience in the field of environment and
forests.

17. • To become Judicial Member
• any person who is, or has been, or is qualified to be, a
Judge of a High Court; or
• has, for at least ten years, held a judicial office in the
territory of India
• To become Expert Member
• any person having a degree, post-graduation degree or a
Doctorate Degree in Science and has an experience of
twenty years in the relevant field including five years’
practical experience in the field of environment and
forests (including pollution control, hazardous substance
management, environment impact assessment, climate
change management, biological diversity management and
forest conservation) in a reputed National level institution

18. Appointment [Section 10A]
• Chairperson and Judicial Member shall be appointed by a
Search-Cum-Selection Committee consisting of –
• Chief Justice of India or his nominee – Chairperson;
• Secretary to the Government of India, Ministry of
Environment, Forests and Climate Change – Member;
• Secretary to the Government of India to be nominated by
the Central Government – Member;
• Two experts, to be nominated by the Central Government
– Members.

19. • Expert Member shall be appointed by a Search-Cum-
Selection Committee consisting of –
• a person to be nominated by the Central Government –
Chairperson;
• Secretary to the government of India, Ministry of
Environment, Forests and Climate Change – Member;
• Secretary to the Government of India to be nominated by
the Central Government – Member;
• Two experts, to be nominated by the Central Government
- Members.

20. • Search-cum-Selection Committee shall determine its
procedure for making its recommendation.
• No appointment shall be invalid merely by reason of any
vacancy or absence in
• Nothing in this rule shall affect Authority functioning as such
immediately before the commencement of these rules. the
Search-cum-Selection Committee.

21. Terms of Office [Section 10A]
• Chairperson
• Tenure – 3 years or 70 years of age, whichever is earlier
• Judicial Members
• Tenure – 3 years or 67 years of age, whichever is earlier
• Expert Members
• Tenure – 3 years or 67 years of age, whichever is earlier

22. Salaries and Allowances [Section 10A]
• Chairperson –
• Rs. 2,50,000/- along with other benefits and allowances
as are admissible to Central Government.
• Judicial and Expert Member –
• Rs. 2,25,000 and shall be entitled to draw allowances as
are admissible to a Government of India Officer holding
Group 'A' post carrying the same pay.
• If any of the above official is in receipt of any pension, the
pay of such person shall be reduced by the gross amount of
pension drawn by him.

23. Resignation [Section 10A]
• A Member may, by writing under his hand addressed to the
Central Government, resign his office at any time:
• Provided that the Member shall, unless he is permitted by
the Central Government to relinquish office sooner, continue
to hold office until the expiry of three months from the date
of receipt of such notice or until a person duly appointed as
a successor enters upon his office or until the expiry of his
term of office, whichever is the earliest.

24. Removal [Section 10A]
• The Central Government may, on the recommendation of a
Committee constituted by it in this behalf, remove from
office any Member, who—
a. has been adjudged as an insolvent; or
b. has been convicted of an offence which, in the opinion of
the Central Government, involves moral turpitude; or
c. has become physically or mentally incapable of acting as
such a Member; or
d. has acquired such financial or other interest as is likely to
affect prejudicially his functions as a Member; or
e. has so abused his position as to render his continuance in
office prejudicial to the public interest:

25. • Provided that where a Member is proposed to be removed
on any ground specified in clauses (b) to (e), the Member
shall be informed of the charges against him and given an
opportunity of being heard in respect of those charges:

26. Vacancy in Office of Chairperson
[Section 10A]
• In case of vacancy in office of Chairperson
• Central Government shall have the power to appoint
• senior most Vice-Chairperson
• or in his absence, one of the Judicial Member or Expert
Member
• authority to officiate as Chairperson

27. • Section 12 Staff of Tribunal
• Central Government shall determine the nature and
categories of staff
• who shall be appointed by Chairperson
• they shall discharge functions under the general
superintendence of Chairperson
• Section 13 Financial and Administrative Power
• Chairperson shall exercise such financial and
administrative power
• He may delegate these powers to other members subject
to the condition that such other members shall discharge
the same under the direction, control and supervision of
Chairperson.

28. Jurisdiction, Power and
Proceedings of the Tribunal
Chapter III

29. Jurisdiction of the Tribunal [Section 14]
• Tribunal shall have jurisdiction over all civil cases where a
substantial question relating to environment is involved and
such question arises out of implementation of enactment
specified in Schedule I.
• Limitation period – within 6 months from the date on
which cause of action for such dispute first arose.
• Exception – Tribunal on being satisfied that the applicant
was prevented by sufficient cause, cause filing of the
application within further period not exceeding 60 days.

30. • However, it is pertinent to note that following Statutes are
outside the purview of National Green Tribunal Act:
• Wildlife (Protection) Act, 1972;
• The Indian Forest Act, 1927;
• Laws enacted by States relating to Forests, Tree
Preservation etc.
• The Tribunal also has appellate jurisdiction i.e. it here appeals
against the orders and decisions of Appellate Authority or
any Board constituted under the Legislation mentioned in
Schedule I of National Green Tribunal Act, 2010 or any
State Government. [Section 16]

31. Relief, Compensation and Restitution
Tribunal may
order
Relief and
Compensation
Restitution of
property damaged
Restitution of the
environment

32. • This relief and compensation shall be in addition to relief
paid or payable under Public Liability Insurance Act, 1991
• Limitation period – within 5 years from the date on which
the cause for such compensation or relief first arose
• Exception - Tribunal on being satisfied that the applicant
was prevented by sufficient cause, cause filing of the
application within further period not exceeding 60 days.
• Tribunal also has power to divide the compensation or relief
payable under separate heads specified in Schedule II for
providing compensation to the victim as well as restitution
of damaged property or environment

33. Application or Appeal to Tribunal
• Application and Appeal shall be in prescribed form and
contain prescribed particulars.
• Who can apply?
• Person who has sustained injury;
• Owner of the damaged property;
• Legal representative/s of deceased who died as a result of
environmental damage;
• Any person aggrieved including representative body or
organization;
• Central Govt/ State Govt/UT Administrator/ CPCB/
SPCB/ Pollution Control Committee/ Local Authority/
Environmental Authority.

34. Procedure and Power [Section 19]
• Tribunal is not bound by procedure laid down by C.P.C,
1908 but has power to regulate its own procedure.
• It shall be guided by Principal of Natural Justice.
• It is further not bound by Indian Evidence Act, 1872.
• It shall for the purpose of discharging its functions, have
same powers as are vested in Civil Court under C.P.C, 1908.
• All the proceedings shall be deemed to be judicial proceedings
u/s 193, 219, 228 of IPC, 1860.
• Tribunal shall deemed to be a Civil Court u/s 195 of Cr.P.C,
1973.

35. Tribunal to apply certain principles
Polluter Pays Principle
Principle of Natural
Justice
Principle of Sustainable
Development
Precautionary Principle
Principles

36. Appeal to Supreme Court [Section 22]
• Any person
• aggrieved by any award, decision or order of Tribunal
• may file an appeal to Supreme Court of India
• on grounds specified in Section 100 of C.P.C, 1908
• Limitation - within 90 days from the date of
communication of the award, decision or order
• Exception – Supreme Court may entertain any appeal after
said 90 days, if it is satisfied that the appellant was
prevented by sufficient cause from preferring the appeal.

37. Other Provisions [Chapter III]
• Section 21: Decision shall be taken by majority of opinion
• Section 23: Tribunal has power to make order as to cost
• Section 24: Compensation or relief received shall be credited
to Environmental Relief Fund
• Section 25: Award or order or decision shall be executable as
a decree of Civil Court.

38. Penalty
Chapter IV

39. Penalty for failure to comply with
the orders of Tribunal [Section 26]
• Punishment –
• Imprisonment for a term which may extend to 3 years; or
• Fine which may extend to 10 crore rupees; or
• With both imprisonment and fine.
• Where the contravention is a continuing one
• Additional fine which may extend to 25,000 rupees every day during
which such failure or contravention continues
• In case of a Company
• Fine which may extend up to 25 crore rupees
• Additional fine which may extend to 1,00,000 rupees every day
during which such failure or contravention continues

40. Offences by Companies [Section 27]
• Defaulters
• Company
• Every person who, at the time of the offence was
committed, or directly in charge of, and was responsible
to the company
• Exception – Person can get discharge from the above
liability if he proves that the offence was committed with
out his knowledge or that he had exercised all due diligence
to prevent the commission of the offence.
• Where offence done with consent of director, secretary,
manager or other officers – then they shall also be guilty
and liable.

41. Offence by Government Department
[Section 28]
• Defaulters
• Head of Department
• Exception – HOD can get discharge from the above liability
if he proves that the offence was committed with out his
knowledge or that he had exercised all due diligence to
prevent the commission of the offence.
• Where offence done with consent of any officer, other than
the HOD – then he shall also be guilty and liable.

42. Miscellaneous Provisions
Chapter V

43. • Section 29: No civil court shall have jurisdiction to entertain
any appeal in respect of matter where Tribunal is so
empowered.
• Section 31: All the members of the Tribunal shall be public
servants within the meaning of Section 21 of IPC, 1860.
• Section 32: No action shall be taken against any member of
the Tribunal or any employee of the Central Govt or State
Govt for anything done in good faith, intended to be done in
pursuance of this Act or any rule or order therein.
• Section 34: Central Government have power to amend
Schedule I

44. • Section 33: Act to have overriding effect
• The provisions of this Act, shall have effect
notwithstanding anything inconsistent contained in any
other law for the time being in force or in any instrument
having effect by virtue of any law other than this Act.
• Section 35: Central Government have power to make rules
for carrying out provisions of this Act
• Section 36: Enactment specified in Schedule III shall be
amended in manner prescribed and shall take effect on the
date of establishment of the Tribunal.

45. Cases
• In Jeet Singh Kanwar v. Union of India, the Tribunal
annulled the environmental clearance granted by MoEF to a
power plant project as it was in contravention to the
precautionary principle and the economic benefits were
highly disproportionate to the excessive environmental
degradation. The Tribunal also annulled an environmental
clearance granted without any public hearing violating the
principle of natural justice.

46. • In Vardhaman Kaushik v. Union of India, the Tribunal
scrutinized the pollution level in the capital city of Delhi.
Looking at the alarming figures, it directed a Committee to
take preventive steps to overcome the issue. Further, it
ordered banning of vehicles that were more than 15 years
old. The tribunal also issued an order to prohibit burning of
plastics and other harmful materials and further ordered
establishment of special task force to look into the matter
with prominence.
• In Tribunal at its Own Motion v. Ministry of Environment &
Forests, the NGT observed that wildlife was a part of the
environment and that any action that harms or causes
damage to wildlife will be dealt with under the purview of
the tribunal.

47. • In Sunil Kumar Chugh v. Secretary, Ministry of Environment
and Forests, New Delhi the Principal Bench at New Delhi
held that open spaces, adequate parking facilities in buildings
and recreational grounds have an important bearing on a
person’s right to life. This case is believed to have set a
precedent in penalizing violators and setting aside the illegal
grants of environmental clearances and stand out as a
landmark judgment for environmental jurisprudence.
• In M.P Patil v. Union of India, the National Green Tribunal
annulled the environmental clearance granted to National
Thermal Power Corporation as the clearance was obtained
by way of misrepresentation of facts. Moreover, the Tribunal
found the corporation guilty and imposed penalty for such
misrepresentation.

48. Thank
You