Title : THE NATIONAL ENVIRONMENT TRIBUNAL ACT 1995
Year : 1995
(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, the owner shall be liable to pay compensation for such death, injury or damage under all or any of the heads specified in the Schedule.
(2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death, injury or damage in respect of which the claim has been made was due to any wrongful act, neglect or default of any person.
Explanation-For the purposes of this section-
(i) "Workman" has the meaning assigned to it in the Workmens Compensation Act, 1923; (8 of 1923.)
(ii) "Injury" includes permanent total or permanent partial disability or sickness resulting out of an accident.
(3) If the death, injury or damage caused by an accident cannot be attributed to any individual activity 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 basis.
(1) An application for claim for compensation may be made-
(a) By the person who has sustained the injury;
(b) By the owner of the property to which the damage has been caused;
(c) Where death has resulted from the accident, by all or any of the legal representatives of the deceased;
(d) By 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;
(e) By any representative body or Organisation, functioning in the field of environment and recognised in this behalf by the Central Government, under all or any of the heads specified in the Schedule; or
(f) By the Central Government or a State Government or a local authority under all or any of the heads specified in the Schedule:
Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, 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.
(2) The Tribunal may, if it thinks fit, take up the cases for claims for compensation suo motu.
(3) Any claimant making an application under sub-section (1) may also make an application before the Tribunal for such relief as is provided in the Public Liability Insurance Act, 1991: (6 of 1991.)
Provided that no such application shall be made if the relief has been received by the claimant earlier or an application made by the claimant to the Collector under the said Act is pending and has not been withdrawn.
(4) The Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of the matters specified in the Public Liability Insurance Act, 1991 ( 6 of 1991.) as the Collector has and may exercise and, for this purpose; the provisions of that Act shalt have effect subject to the modification that the references therein to the Collector shall be construed as including a reference to the Tribunal.
(5) Every application under sub-section (1) shall be made to the Tribunal and shall contain such particulars and shall be accompanied by such documents and such fee, not exceeding one thousand rupees, as may be prescribed:
Provided that no fee shall be payable by a person whose annual income is below the prescribed limit or by a representative body or Organisation referred to in clause (e) of sub-section (1) or by the Central Government, a State Government or a local authority.
(6) No application for compensation shall be entertained unless it is made within five years of the occurrence of the accident
(1) On receipt of an application under sub-section (1) of section 4, the Tribunal may, after such inquiry as it may deem fit, reject the application summarily.
(2) Where the Tribunal does not reject the application under sub-section (1), the Tribunal may, after. giving notice of the application to the owner and after giving the parties an opportunity of being heard, hold an inquiry into the claim or each of the claims and may make art award determining the amount of compensation which appears to be just and specifying the person or persons to whom such amount of compensation shall be paid.
(3) The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, (5 of 1908.) but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Tribunal shall have power to regulate its own procedure including the fixing of places and times of its inquiry.
(4) The Tribunal shall have, for the purpose 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 an application or deault or deciding it ex parte;
(h) Setting aside any order of dismissal of any application for default or any order passed by it ex parte; and
(i) Any other matter which is to be, or may be, prescribed.
Notwithstanding anything contained in any other provision of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relating to, an application unless-
(a) Copies of such application and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or proposed to be made; and
(b) Opportunity is given to such party to be heard in the matter:
provided that the Tribunal may dispense with the requirements of clauses (a) and (b) and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss or damage being caused to the applicant which cannot be adequately compensated in Money but any such interim order shall, if it is not Sooner vacated, cease to have effect on the expiry of a period of fourteen clay from the date on which it is made unless the said requirement have been complied with before the expiry of that period and the Tribunal has continued the operation of the interim order.
Where in respect of death of, or injury to, any person or damage to any property, the owner, liable to pay compensation under this Act, is also liable to pay any amount as relief under the Public Liability Insurance Act, 1991 (6 of 1991.) or any other compensation under any other law, the amount of compensation payable under this Act shall be reduced by the amount of relief and other compensation paid under any other law.
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