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THE NATIONAL ENVIRONMENT TRIBUNAL ACT 1995

Title : THE NATIONAL ENVIRONMENT TRIBUNAL ACT 1995

Year : 1995



Whoever fails to comply with any order made by 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 lakh rupees, or with both.



(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 a 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 accordingly.

Explanation.- 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.



All proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code. (45 of 1860.)



The Chairperson, Vice-Chairperson and other Members and the officers and other employees of the Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. (45 of 1860.)



No suit, prosecution or other legal proceeding shall lie against the Central Government or against the Chairperson, Vice-Chairperson or other Member of the Tribunal or any other person authorised by the Chairperson, Vice-Chairperson or other 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 there under.



Save as provided in the Public Liability Insurance Act, 1991, (6 of 1991.) the provisions of this Act shall have effect notwithstanding anything inconsistent therewith 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.



(1) The Central Government may, by notification, make rules for carrying out the purposes 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) The particulars which an application shall contain, the documents and the fee which shall be accompanied with it and the limit of annual income of a Person so as to enable him to make application without Paying any fee,under sub-section(5) of section4;

(b) Any such matter in respect of which the Tribunal shall have Powers of a civil court, under clause(i)of sub-section(4) of section5;

(c) The case or cases which, having regard to the nature of questions involved, requires or require to be decided by a Bench more than two members. under clause (d) of sub-section(3) of section 9;

(d) Procedure for the investigation of misbehaviour or incapacity of the Chairperson, Vice-Chairperson or other Member of the Tribunal under sub-section (3) of section13;

(e) The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson, Vice-Chairperson and other Members under section 14;

(f) Financial and administrative powers of the Chairperson over the Benches under section 16;

(g) Tile salaries and allowances and conditions of service of the officers and other employees of the Tribunal under sub-section (3) of section 17;

(h) The person or the authority by whom, the manner in which and the purposes of environment for which the amount of Compensation credited to the Environmental Relief Fund shall be utilised under sub-section (2) of section 22; and

(i) Any other matter which is required to be, or may be, prescribed.

(3) Every rule made under this Act 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 form 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 rules.

THE SCHEDULE

[See section 3(1)]

HEADS UNDER WHICH COMPENSATION FOR DAMAGES 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, aid and rehabilitation to the affected persons;

(g) Expenses incurred by Government for any administrative or legal action or to cope with an harm or damage including compensation for environmental degradation and restoration of the quality of environment;

(h) Loss to Government or local authority, arising out of, or connected with, the activity causing any damage;

(i) Claims on account of any harm, damage or destruction to the fauna including milch and draught animals and aquatic fauna;

(j) Claims on account of any harm, damage or destruction to flora including aquatic flora, crops, vegetables, trees and orchards;

(k) Claims including cost of restoration on account of any harm or damage to environment including pollution of soil, air, water, land and ecosystems;

(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 of hazardous substance.

A BILL 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 and for matters connected therewith or incidental thereto

Last updated on July, 2016

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