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| Home > Indian Bare Acts > THE NATIONAL ENVIRONMENT APPELLATE AUTHORITY ACT, 1997 > CHAPTER III JURISDICTION AND POWERS OF AUTHORITY |
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| THE NATIONAL ENVIRONMENT APPELLATE AUTHORITY ACT, 1997 |
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Title : THE NATIONAL ENVIRONMENT APPELLATE AUTHORITY ACT, 1997
Year : 1997
Act :
CHAPTER III
JURISDICTION AND POWERS OF AUTHORITY
11.Appeals to Authority.
11. Appeals to Authority.-(1) Any person aggrieved by an order granting environmental clearance in the areas in which any industries, operations or processes or class of industries, operations and processes shall not be carried out or shall be carried out subject to certain safeguards may, within thirty days from the date of such order, prefer an appeal to the Authority in such form as may be prescribed:
Provided that the Authority may entertain any appeal after the expiry of the said period of thirty days but not after ninety days from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) For the purposes of sub-section (1), "person" means-
(a) any person who is likely to be affected by the grant of environmental clearance;
(b) any person who owns or has control over the project with respect to which an application has been submitted for environmental clearance;
(c) any association of persons (whether incorporated or not) likely to be affected by such order and functioning in the field of environment;
(d) the Central Government, where the environmental clearance is granted by the State Government and the State Government, where the environmental clearance is granted by the Central Government; or
(e) any local authority, any part of whose local limits is within the neighbourhood of the area wherein the project is proposed to be located.
(3) On receipt of an appeal preferred sub-section (1), the Authority shall, after giving the appellant an opportunity of being heard, pass such orders, as it thinks fit.
(4) The Authority shall dispose of the appeal within ninety days from the date of filing the appeal:
Provided that the Authority may for reasons to be recorded in writing, dispose of appeal within a further period of thirty days.
12.Procedure and powers of Authority.
12. Procedure and powers of Authority.-(1) The Authority shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908.(5 of 1908), but shall be guided by the principles of natural justice and subject to the other provisions of this Act, and of any rules made by the Central Government, the Authority shall have power to regulate its own procedure including the fixing of places and time of its inquiry and deciding whether to sit in public or in private.
(2) The Authority shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian
Evidence Act, 1872 (1 of 1872) requisitioning any public record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing a representation for default or deciding it, ex parte;
(h) setting aside any order of dismissal of anyrepresentation for default or any order passed by it ex parte; and
(i) any other matter which is required to be, or may be, prescribed by the Central Government.
13.Financial and administrative powers of Chairperson.
13. Financial and administrative powers of Chairperson.-The
Chairperson shall exercise such financial and administrative powers as may be vested in him under the rules:
Provided that the Chairperson shall have authority to such of his financial and administrative powers as he may think fit to the
Vice-Chairperson or any other officer subject to the condition that the Vice-Chairperson or such other officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the Chairperson.
14.Staff of Authority.
14. Staff of Authority.-(1) The Central Government shall determine the nature and categories of the officers and other employees required to assist the Authority in the discharge of its functions and provided the Authority with such officers and other employees as it may think fit.
(2) The officers and other employees of the Authority shall discharge their functions under the general superintendence of the Chairperson.
(3) The salaries and allowances and conditions of service of the officers and other employees shall be such as may be prescribed.
CHAP
MISCELLANEOUS
Last updated on February, 2008
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