The National Green Tribunal Act, 2010 (Act No. 19 of 2010) provides for the establishment of a National Green Tribunal for the 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 environment, and for giving relief and compensation for damages to persons and property. The Tribunal applies the principles of sustainable development, the precautionary principle and the polluter pays principle, and is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. The Act repealed the National Environment Tribunal Act, 1995 and the National Environment Appellate Authority Act, 1997. Section 10A, inserted by the Finance Act, 2017 and substituted by the Tribunals Reforms Act, 2021, now governs the qualifications, appointment and terms of service of Members appointed after the commencement of the Tribunals Reforms Act, 2021.
CHAPTER I — PRELIMINARY
CHAPTER II — ESTABLISHMENT OF THE TRIBUNAL
- Section 3 — Establishment of Tribunal
- Section 4 — Composition of Tribunal
- Section 5 — Qualifications for appointment of Chairperson, Judicial Member and Expert Member
- Section 6 — Appointment of Chairperson, Judicial Member and Expert Member
- Section 7 — Term of office and other conditions of service of Chairperson, Judicial Member and Expert Member
- Section 8 — Resignation
- Section 9 — Salaries, allowances and other terms and conditions of service
- Section 10 — Removal and suspension of Chairperson, Judicial Member and Expert Member
- Section 10A — Qualifications, terms and conditions of service of Chairperson, Judicial Member and Expert Member
- Section 11 — To act as Chairperson of Tribunal or to discharge his functions in certain circumstances
- Section 12 — Staff of Tribunal
- Section 13 — Financial and administrative powers of Chairperson
CHAPTER III — JURISDICTION, POWERS AND PROCEEDINGS OF THE TRIBUNAL
- Section 14 — Tribunal to settle disputes
- Section 15 — Relief, compensation and restitution
- Section 16 — Tribunal to have appellate jurisdiction
- Section 17 — Liability to pay relief or compensation in certain cases
- Section 18 — Application or appeal to Tribunal
- Section 19 — Procedure and powers of Tribunal
- Section 20 — Tribunal to apply certain principles
- Section 21 — Decision to be taken by majority
- Section 22 — Appeal to Supreme Court
- Section 23 — Cost
- Section 24 — Deposit of amount payable for damage to environment
- Section 25 — Execution of award or order or decision of Tribunal
CHAPTER IV — PENALTY
- Section 26 — Penalty for failure to comply with orders of Tribunal
- Section 27 — Offences by companies
- Section 28 — Offences by Government Department
CHAPTER V — MISCELLANEOUS
- Section 29 — Bar of jurisdiction
- Section 30 — Cognizance of offences
- Section 31 — Members and staff of Tribunal to be public servants
- Section 32 — Protection of action taken in good faith
- Section 33 — Act to have overriding effect
- Section 34 — Power to amend Schedule I
- Section 35 — Power to make rules
- Section 36 — Amendment of certain enactments
- Section 37 — Power to remove difficulties
- Section 38 — Repeal and savings
SCHEDULES
- Schedule I — Enactments over which the Tribunal has jurisdiction
- Schedule II — Heads under which compensation or relief for damage may be claimed
- Schedule III — Amendment to certain enactments
Note: The National Green Tribunal Act, 2010 received the assent of the President on 2 June 2010 and was brought into force on 18 October 2010. It was amended by the Finance Act, 2017 (7 of 2017), which inserted section 10A, and further by the Tribunals Reforms Act, 2021 (33 of 2021), which recast section 10A to govern the qualifications, appointment, term of office and service conditions of the Chairperson, Judicial Members and Expert Members appointed after its commencement.
