29. Bar of jurisdiction.—-(1) With effect from the date of establishment of the Tribunal under this
Act, no civil court shall have jurisdiction to entertain any appeal in respect of any matter, which the
Tribunal is empowered to determine under its appellate jurisdiction.
(2) No civil court shall have jurisdiction to settle dispute or entertain any question relating to any
claim for granting any relief or compensation or restitution of property damaged or environment damaged
which may be adjudicated upon by the Tribunal, and no injunction in respect of any action taken or to be
taken by or before the Tribunal in respect of the settlement of such dispute or any such claim for granting
any relief or compensation or restitution of property damaged or environment damaged shall be granted
by the civil court.
30. Cognizance of offences.—-(1) No court shall take cognizance of any offence under this Act
except on a complaint made by—
(a) the Central Government or any authority or officer authorised in this behalf by that
Government; or
(b) any person who has given notice of not less than sixty days in such manner as may be
prescribed, of the alleged offence and of his intention to make a complaint, to the Central
Government or the authority or officer authorised as aforesaid.
(2) No court inferior to that of a Metropolitan Magistrate or, a Judicial Magistrate of the first class
shall try any offence punishable under this Act.
31. Members and staff of Tribunal to be public servants.—-The Chairperson, the Judicial and
Expert Members, 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).
32. Protection of action taken in good faith.—-(1) No suit or other legal proceeding shall lie against
the employees of the Central Government or a State Government or any statutory authority, for anything
which is in good faith done or intended to be done in pursuance of this Act or any rule or order made
thereunder.
(2) No suit, prosecution or other legal proceeding shall lie against the Chairperson or, Judicial
Member or Expert Member of the Tribunal or any other person authorised by the Chairperson or Judicial
Member or the Expert 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 thereunder.
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.
34. Power to amend Schedule I.—(1) The Central Government may, by notification, amend the
Schedule I by including therein any other Act, enacted by Parliament having regard to the objective of
environmental protection and conservation of natural resources, or omitting therefrom any Act already
specified therein and on the date of publication of such notification, such Act shall be deemed to be
included in or, as the case may be, omitted from the Schedule I.
(2) A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft
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
disapproving the issue of the notification or both Houses agree in making any modification in the
notification, the notification shall not be issued or, as the case may be, shall be issued only in such
modified form as may be agreed upon by both the Houses.
35. Power to make rules.—-(1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the provisions of this Act.
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(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) rules as to the persons who shall be entitled to appear before the Tribunal under clause (a) of
sub-section (4) of section 4;
(b) the procedure for hearing applications and appeals and other matters pertaining to the
applications and appeals under clause (b) of sub-section (4) of section 4;
(c) the minimum number of members who shall hear the applications and appeals in respect of
any class or classes of applications and appeals under clause (c) of sub-section (4) of section 4;
(d) the transfer of cases by the Chairperson from one place of sitting (including the ordinary place
of sitting) to other place of sitting;
(e) the selection committee and the manner of appointment of the Judicial Member and Expert
Member of the Tribunal under sub-section (3) of section 6;
(f) the salaries and allowances payable to, and other terms and conditions of service (including
pension, gratuity and other retirement benefits) of, the Chairperson, Judicial Member and Expert
Member of the Tribunal under section 9;
(g) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the
Tribunal under sub-section (4) of section 10;
(h) the recruitment of officers and other employees of the Tribunal under sub-section (2) of
section 12; and the salaries and allowances and other conditions of service of the officers and other
employees of the Tribunal under sub-section (4) of that section;
(i) the financial and administrative powers to be exercised by the Chairperson of the Tribunal
under section 13;
(j) the form of application or appeal, the particulars which it shall contain and the documents to
be accompanied by and the fees payable under sub-section (1) of section 18;
(k) any such matter in respect of which the Tribunal shall have powers of a civil court under
clause (k) of sub-section (4) of section 19;
(l) the manner and the purposes for which the amount of compensation or relief credited to the
Environment Relief Fund shall be utilised under sub-section (2) of section 24;
(m) the manner of giving notice to make a complaint under clause (b) of sub-section (1) of
section 30;
(n) any other matter which is required to be, or may be, specified by rules or in respect of which
provision is to be made by rules.
(3) Every rule made under this Act by the Central Government 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 rule.
36. Amendment of certain enactments.—-The enactments specified in the Schedule III to this Act
shall be amended in the manner specified therein and such amendments shall take effect on the date of
establishment of the Tribunal.
37. Power to remove difficulties.—-(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government, may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act as may appear to it to be necessary for removing the
difficulty:
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Provided that no such order shall be made after the expiry of a period of two years from the
commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.
38. Repeal and savings.—-(1) The National Environment Tribunal Act, 1995 (27 of 1995) and the
National Environment Appellate Authority Act, 1997 (22 of 1997) are hereby repealed (hereinafter
referred to as the repealed Act).
(2) Notwithstanding such repeal, anything done or any action taken under the said Acts shall be
deemed to have been done or taken under the corresponding provisions of this Act.
(3) The National Environment Appellate Authority established under sub-section (1) of section 3 of
the National Environment Appellate Authority Act, 1997 (22 of 1997), shall, on the establishment of the
National Green Tribunal under the National Green Tribunal Act, 2010, stand dissolved.
(4) On the dissolution of the National Environment Appellate Authority established under
sub-section (1) of section 3 of the National Environment Appellate Authority Act, 1997 (22 of 1997), the
persons appointed as the Chairperson, Vice-chairperson and every other person appointed as Member of
the said National Environment Appellate Authority and holding office as such immediately before the
establishment of the National Green Tribunal under the National Green Tribunal Act, 2010, shall vacate
their respective offices and no such Chairperson, Vice-chairperson and every other person appointed as
Member shall be entitled to claim any compensation for the premature termination of the term of his
office or of any contract of service.
(5) All cases pending before the National Environment Appellate Authority established under
sub-section (1) of section 3 of the National Environment Appellate Authority Act, 1997 (22 of 1997) on
or before the establishment of the National Green Tribunal under the National Green Tribunal Act, 2010,
shall, on such establishment, stand transferred to the said National Green Tribunal and the National Green
Tribunal shall dispose of such cases as if they were cases filed under that Act.
(6) The officers or other employees who have been, immediately before the dissolution of the
National Environment Appellate Authority appointed on deputation basis to the National Environment
Appellate Authority, shall, on such dissolution, stand reverted to their parent cadre, Ministry or
Department, as the case may be.
(7) On the dissolution of the National Environment Appellate Authority, the officers and other
employees appointed on contract basis under the National Environment Appellate Authority and holding
office as such immediately before such dissolution, shall vacate their respective offices and such officers
and other employees shall be entitled to claim compensation for three months' pay and allowances or pay
and allowances for the remaining period of service, whichever is less, for the premature termination of
term of their office under their contract of service.
(8) The mention of the particular matters referred to in sub-sections (2) to (7) shall not be held to
prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with
regard to the effect of repeal.