The
National Environment Tribunal Act, 1995
Chapter
I
Preliminary
Chapter
II Compensation
for death of, or injury to a person and damage to property and environment
Chapter
III Establishment
of national environment tribunal and benches tereof
Chapter
IV Jurisdiction and
proceedings of the tribunal
Chapter
V Miscellaneous
The
Schedule: Heads under which compensation
for Damages may be Claimed
THE
NATIONAL ENVIRONMENT TRIBUNAL ACT, 1995
(27
of 1995)
[17th
June, 1995]
An
Act 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 ad
compensation for damages to persons, property and the environment and
for matters connected therewith or incidental thereto.
WHEREAS
decisions were taken at the United Nations Conference on Environment
and Development held at Rio de Janeiro in June, 1992, in which India
participated, calling upon the States to develop national laws regarding
liability and compensation for the victims of pollution and other environmental
damages;
AND
WHEREAS it is considered expedient to implement the decisions of the
aforesaid Conference so far as they relate to the protection of environment
and payment of compensation for damage to persons, property and the
environment while handling hazardous substances;
BE
it enacted by Parliament in the Forty-sixth year of the Republic of
India as follows:-
Chapter
I
PRELIMINARY
1.
Short title and commencement.- (1) This Act may be called the
National Environment Tribunal Act, 1995.
(2)
It shall come into force on such date or dates as the Central Government
may, by notification, appoint, and different dates may be appointed
for different States and any reference in any provision of this Act
to the commencement of this Act shall be construed in relation to any
State or Part thereof as Reference to the coming into force of that
provision in that States or part thereof.
2.
Definitions.- In this Act, unless the context otherwise requires,-
(a)
"accident" means an accident involving a fortuitous
or sudden or unintended occurrence while handling any hazardous substance
resulting in continuous or intermittent or repeated exposure to death
of, or injury to, any person or damage to any property or environment
but does not include an accident by reason only of war or radio-activity;
(b)
"Bench" means a Bench of the Tribunal;
(c)
"Chairperson" means the Chairperson of the Tribunal;
(d)
"environment" includes water, air and land and the inter-relationship
which exists among and between water, air and land, and human beings,
other living creatures, plants, micro-organism and property;
(e)
"handling", in relation to any hazardous substance, means
the manufacture, processing, treatment, package, storage transportation
by vehicle, use, collection, destruction, conversion, offering for sale,
transfer or the like of such hazardous substance;
(f)
"hazardous substance" means any substance or preparation which
is defined as hazardous substance in the Environment (protection) Act,
1986 (29 of 1986) and exceeding such quantity as specified by the Central
Government under the Public Liability Insurance Act, 1991 (6 of 1991);
(g)
"Judicial Members" means a Member of the Tribunal appointed
as such under this Act, and includes the Chairperson who possesses any
of the qualifications specified in sub-section (3) of section 10;
(h)
"Member" means a Member (whether judicial or Technical) of
the Tribunal and includes the Chairpersons and a Vice-Chairperson.
(i)
"notification" means a notification published in the Official
Gazette;
(j)
"prescribed" means prescribed by rules made under this Act;
(k)
"rules" means the rules made under this Act;
(l)
"Technical Member" means a a Member of the Tribunal who is
not a Judicial Member within the meaning of clause (g);
(m)
"Tribunal" means the National Environment Tribunal established
under section 8;
(n)
"Vice-Chairperson" means the Vice-Chairperson of the Tribunal.
Explanation.-
In the case of the Tribunal having two or more Vice-Chairpersons, references
to the Vice-Chairperson in this Act shall be construed as a reference
to each of those Vice-Chairpersons;
(o)
"owner" means a persons who owns, or has control over handling,
any hazardous substance at the time of accident and includes,-
(i)
in the case of a firm, any of its partners;
(ii)
in the case of an association, any of its members; and
(iii)
in the case of a company, any of its directors, managers, secretaries
or other officers who is directly in charge of, and is responsible to
the company for the conduct of the business of the company.
CHAPTER
II
COMPENSATION
FOR DEATH OF, OR INJURY TO A PERSON AND DAMAGE TO PROPERTY AND ENVIRONMENT
3.
Liability to pay compensation in certain cases on principles of no fault.-
(1) here death of, or injury to any person (other than a workman)
or damage to, any property 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 or any person.
Explanation.-
For the purposes of this sections -
(i)"workman"
has the meaning assigned to it in the Workmen's Compensation Act, 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 process, the Tribunal may apportion
the liability for compensation amongst those responsible for such activities,
operations and processes on an equitable basis.
4.
Application for claim for compensation.- (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 fled 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 ora 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 shall 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 organization referred to in clause (e)
of sub-section (1) or by the Central Government, a State Government
or a local authority.
- No
application for compensation shall be entertained unless it is made
within five years of the occurrence of the accident.
5.
Procedure and powers of Tribunal.- (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 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 of each of the claims and may make an award
determining the amount of compensation Which appears to be just and
specifying the persons to whom sch 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:-
(c)
(i)has for at least five years, held the post of an Additional Secretary
to the Government of India or any other post under the Central or a
State Government carrying a scale of pay which is not less than that
of an Additional Secretary to the Government of India; and
(ii)has
adequate knowledge of, or experience in legal, administrative, scientific
or technical aspects of the problems relating to environment; or
(d)
has, for at least three years, held office as a Judicial Member or a
Technical Member.
(
3) A person shall not be qualified for appointment as a Judicial Member
unless he-
(a)
is, or has been, or is qualified to be a Judge of a High Court; or
(b)
has been a member of the Indian Legal Service and has held a post in
grade I of that Service for at least three years.
(4)
A person shall not be qualified for appointment as a Technical Member
unless he has adequate knowledge of, or experience in, or capacity to
deal with, administrative, scientific to technical aspects of the problems
relating or environment.
(5)
Subject to the provisions of sub-sections (6) and (7) the Chairperson,
Vice-Chairperson and every other Member of the Tribunal shall be appointed
by the President.
(6)
No appointment of a person possessing the qualification specified in
this section as the Chairperson or the Vice-Chairperson shall be made
except after consultation with the Chief Justice of India.
(7)
No appointment of a person as a Judicial Member or a Technical Member
shall be made except on the recommendation of a Selection Committee
appointed by the Central Government consisting of the following, namely:-
(a)
Chairperson of the tribunal Chairperson of the Committee, ex officio
(b)
Secretary to the Government of India in the Ministry of Environment
and Forests; Member, ex officio
(c)
Secretary to the Government of India in the Ministry of Law, Justice
and Company Affairs
(Department
of Legal Affairs); Member, ex officio
(d)
Director-General, Council of Scientific and Industrial Research; Member,
ex officio
(e)
An Environmentalist to be nominated by the Central Government member.
Member
11.
Vice-Chairperson to act as Chairperson or to discharge his functions
in certain circumstances.- (1) in the event of the occurrence
of any vacancy in the office of the Chairperson by reason of his death,
resignation or otherwise, the Vice-Chairperson or, as the case may be,
such one of the Vice Chairpersons, as the Central Government may, by
notification, authorise in this behalf, shall act as the Chairperson
until the date on which a new Chairperson, appointed in accordance with
the provisions of this Act to fill such vacancy, enters upon his office.
(2)
Where the Chairperson is unable to discharge his functions owing to
absence, illness or any other cause, the Vice-Chairperson or, as the
case may be, such one of the Vice-Chairpersons, as the Central Government
may, by notification, authorise in this behalf, shall discharge the
functions of the Chairperson until the date on which the Chairperson
resumes his duties.
12.
Term of office.- The Chairperson, Vice-Chairperson
and other Members shall hold office as such for a therm of five years
from the date on which he enters upon his office, but shall be eligible
for re-appointment for another term of five years:
Provided
that no Chairperson, Vice-Chairperson or other Member shall hold office
as such after he has attained,
(a)
in the case of the Chairperson; the age of seventy years;
(b)
in the case of the Vice-Chairperson, the age of sixty-five years; and
(c)
in the case of any other Member, the age of sixty-two years.
13.
Resignation and removal.- (1) The Chairperson, Vice-chairperson
or other Member may, by notice in writing under his hand addressed to
the President, resign his office:
Provided
that the Chairperson, Vice-Chairperson or other Member shall unless
he is permitted by the President to relinquish his office sooner, continue
to hold office until the expiry of three months from the date of receipt
of such notice or until a person duly appointed as his successor enters
upon his office or until the expiry of his term of office, whichever
is the earliest.
(2)
The Chairperson, Vice-Chairperson or any other Member shall not be removed
from his office except by an order made by the President on the ground
of proved misbehaviour or incapacity after an inquiry made by a Judge
of the Supreme Court in which such Chairperson, Vice-Chairperson or
other Member had been informed of the charges against him and given
a reasonable opportunity of being heard in respect of those charges.
(3)
The Central Government may, by rules, regulate the procedure for investigation
of misbehaviour or incapacity of the Chairperson Vice-Chairperson, or
other Member referred to in sub-section (2).
14.
Salaries and allowances and other terms and conditions of service
of Chairperson, Vice Chairperson and other Members.- The salaries
and allowances payable to, and the other terms and conditions of service
(including pension, gratuity and other retirement benefits) of the Chairperson,
Vice-Chairperson and other Members shall be such as may be prescribed:
Provided
that neither the salary and allowances nor the other terms and conditions
of service of the Chairperson, Vice-Chairperson or other Member shall
be varied to his disadvantage after his appointment.
15.
Provision as to the holding of offices by Chairperson, etc.,
on ceasing to be such Chairperson, etc.- On ceasing to hold
office,-
(a)
the Chairperson of the Tribunal shall be ineligible for further employment
either under the
Government
of India or under the Government of a State;
(b)
the Vice-Chairperson of the Tribunal shall, subject to the other provisions
of this Act, be eligible for appointment as the Chairperson of the Tribunal,
but or any other employment either under the Government of India or
under the Government of a State;
(c)
a Member (other than the Chairperson or Vice-Chairperson) of the Tribunal
shall, subject to the other provisions of this Act, be eligible for
appointment as the Chairperson or Vice- chairperson of the Tribunal
or as the Chairperson, Vice-Chairperson or Member of any other Tribunal,
but not for any other employment either under the Government of India
or under the Government of a State;
(d)
the Chairperson, Vice-Chairperson or other Member shall not appear,
act or plead before the Tribunal.
Explanation:-
For the purposes of this section, employment under the Government
of India or under the Government of a State includes employment under
any local or other authority within the territory of India or under
the control of the Government of India or under any corporation or society
owned or enrolled by the government.
16.
Financial and administrative power of Chairperson:-
The Chairperson shall exercise such financial and administrative powers
over the Benches as may be vested in him under the rules:
Provided
that the Chairperson shall have authority to delegate such of his financial
and administrative powers as he may think fit to the Vice-Chairperson
or any other officer of the Tribunal subject to the conditions that
the Vice-Chairperson or such officer shall, while exercising such delegated
powers, continue to act under the direction, control and supervision
of the Chairperson.
17.
Staff of the Tribunal:- (1) The Central Government
shall determine the nature and categories of the officers and other
employees required to assist the Tribunal in the discharge of its functions
and provide the Tribunal with such officers and other employees as it
may think fit.
(2)
The officers and other employees of the Tribunal 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 employee of the Tribunal shall be such as may be prescribed.
18.
Distribution of business amongst the Benches:- (1)
Where any Benches of the Tribunal are constituted, the Central Government
may, from time to time, by notification, make provisions as to the distribution
of the business of the Tribunal amongst the Benches and specify the
matters which may dealt with each Bench.
(2)
If any question arises as to whether any matter falls within the purview
of the business allocated to a Bench, the decision of the Chairperson
shall be final.
Explanation:-
For the removal of doubts, it is hereby declared that the expression
"matters" includes applications for interim relief.
Chapter
IV
Jurisdiction
and Proceedings of the Tribunal
19.
Bar of jurisdiction:- On and from the commencement
of this Act, no court or other authority except the Tribunal shall have
, or be entitled to exercise, any jurisdiction powers authority to entertain
any application or action for any claim for compensation which may entertained
or dealt with by the Tribunal.
20.
Power of Chairperson to transfer cases from one Bench to another:-
On the application of any of the parties and after notice to the parties,
and after hearing such of them as he may desire to be heard, or on his
own motion without such notice, the Chairperson may transfer any case
pending before one Bench, for disposal, to any other Bench.
21.
Decision to be taken by majority.- If the Members of
a Bench differ in opinion on any point, the point shall be decided according
to the opinion of the majority, if there is a majority, but if the Members
are equally divided, they shall state the point or points on which they
differ, and make a reference to the Chairperson who shall either hear
the point or points himself or refer the case for hearing on such point
or point by one or more of the other Members and such point or points
shall be decided according to the opinion of the majority of the Members
who have heard the case including those who first heard it.
22.
Deposit of amount payable for damage to environment.-
(1) Where any amount of compensation is ordered to be paid under any
award by the Tribunal on the ground of any damage to environment, that
amount shall be remitted to the authority specified under sub-section
(3) of section 7A of the Public Liability Insurance Act, 1991 (6 of
1991) for being credited to the Environmental Relief Fund established
under that section.
(2)
The amount of compensation credited to the Environmental Relief Fund
under sub-section (1) may be utilised by such person or authority, in
such manner and for such purpose environment as may be prescribed.
23.
Execution of award or order of Tribunal.- (1) An award
made by the Tribunal under this Act shall be executable by the Tribunal
as a decree of civil court, and for this purposes, the Tribunal shall
have all the powers of a civil court.
(2)
Notwithstanding anything contained in sub-section (1), the Tribunal
may transmit to the Collector having jurisdiction over the area in which
the accident has occurred the copy of the order made by it for payment
of relief as provided in the Public Liability Insurance Act, 1991 and
the Collector shall execute the order in the same manner as if it were
an order made by him under that Act.
(3)
Where the owner against whom the award or order is made by the Tribunal
fails to make the payment or deposit the amount as directed by the Tribunal
within the period specified in the award or order, such amount shall
be recoverable from the owner as arrears of land revenue or of public
demand.
24.
Appeals.- (1) Save as provided in sub-section (2) and
notwithstanding anything contained in the Code of Civil Procedure, 1908
(5 of 1908) or in any other law, an appeal shall lie against any award
or other order, not being an interlocutory order, of the Tribunal to
the Supreme Court on one or more of the grounds specified in section
100 of that Code.
(2)
No appeal shall lie against an award order made by the Tribunal with
the consent of the parties.
(3)
Every appeal under this section shall be preferred within a period of
ninety days from the date of the award or other order appealed against:
Provided
that no appeal by the person who is required to apy any amount in terms
of such award shall be entertained by the Supreme Court unless he has
deposited with it the amount so awarded in the manner directed by the
Supreme Court:
Provided
further that the Supreme Court may entertain the appeal after the expiry
of the said period of ninety days, if it is satisfied that the appellant
was prevented by sufficient cause from preferring the appeal in time.
Chapter
V
Miscellaneous
25.
Penalty for failure to comply with orders of Tribunal.
- 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.
26.
Offences by companies.- (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 the 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 expressed 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 published 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.
27.Proceedings
before the Tribunal to be judicial proceedings.- All proceedings
be fore 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 1960).
28.Members
and staff of Tribunal to be public servants.- The Chairperson,
Vice- Chairperson and other Members and the officers and other employees
of the Tribunal shall a deemed to be public servant within the meaning
of section 21 of the Indian Penal Code (45 of 1960).
29.Protection
of action taken in good faith.- 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 intended to be
done or in pursuance of this Act or any rule or order made thereunder.
30.Act
to have overriding effect.- Save as provided in the Public
Liability Insurance Act, 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
effected by virtue of any law other than this Act.
31.Power
to make rules.- (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 section 4;
(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 section 5;
(c)
the case or cases which, having regard to the nature of the questions
involved, requires or required to be decided by a Bench of more than
two members, under clause (d) of sub-section (3) of section 10;
(d)
procedure for the investigation of misbehavior or incapacity of the
Chairperson, Vice-Chairperson or other Member of the Tribunal under
sub-section (3) of section 13;
(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)
the salaries and allowances and conditions of service of the officers
and other employee of the Tribunal under sub-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 utilized 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, which 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.
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 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 any 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 drought, animals and aquatic fauna;
(j)
Claims on account of any harm, damage or destruction of 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 eco-systems;
(l)
Loss and destruction of any property other than private property;
(m)
Loss of business of employment or both;
(n)
Any other claim arising out of, or connected with, any activity of handling
of hazardous substance.