Table
of Contents
The
National Environment Appellate Authroity Act, 1997
Chapter
I Preliminary
Chapter
II Establishment of Authrotiy
Chapter
III Jurisdiction and Powers of
Authority
Chapter
IV Miscellaneous
The National Environment
Appellate Authority Act, 1997(1)
[Act
No. 22 of 1997]
[March
26, 1997]
An
Act to provide for the establishment of a National Environment Appellate
Authority to hear appeals with respect to restriction of areas in which
any industries, operations or processes or class of industries, operations
or processes shall not be carried out or shall be carried out subject
to certain safeguards under the Environment (Protection) Act, 1986 and
for matters connected therewith or incidental thereto
Be
it enacted by Parliament in the Forty-eighty 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 Appellate
Authority
Act, 1997.
(2)
It shall be deemed to have come into force on the 30th day of January,
1997.
2.
Definitions.- In this Act, unless the context otherwise
requires,-
(a)
"Act" means the Environment (Protection) Act, 1986 (29 of
1986);
(b)
"Authority" means the National Environment Appellate Authority
established under sub-section (1) of Section 3;
(c)
"Chairperson" means the Chairperson of the Authority;
(d)
"Member" means a Member of the Authority;
(e)
"prescribed" means prescribed by rules made under this Act;
(f)
"Vice-Chairperson" means the Vice-Chairperson of the Authority.
Chapter
II
Establishment
of Authority
3.
Establishment of Authority.- (1) The Central Government
shall, by notification in the Official Gazette, establish a body to
be known as the National Environment Appellate Authority to exercise
the powers conferred upon, and to perform the functions assigned to
under this Act.
(2)
The head office of the Authority shall be at Delhi.
4.
Composition of Authority.- The Authority shall consist
of a Chairperson, a Vice-Chairperson and such other Members not exceeding
three, as the Central Government may deem fit.
5.
Qualifications for appointment as Chairperson, Vice-Chairperson
or Member.-
(1)
A person shall not be qualified for appointment as a Chairperson unless
he has been -
(a)
a Judge of the Supreme Court; or
(b)
the Chief Justice of a High Court.
(2)
A person shall not be qualified for appointment as a Vice-Chairperson
unless be has -
(a)
for at least two years held the post of a Secretary to the Government
of India or any other post under the Central or State Government carrying
a scale of pay which is not less than that of a Secretary to the Government
of India; and
(b)
expertise or experience in administrative, legal, managerial or technical
aspects of problems relating to environment.
(3)
A person shall not be qualified for appointment as a Member unless he
has professional knowledge or practical experience in the areas pertaining
to conservation, environmental management, law or planning and development.
(4)
The Chairperson, the Vice-Chairperson and the Members shall be appointed
by the President.
6.
Vice-Chairperson to act as Chairperson or to discharge his function
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 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)
When 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 Member as the Central Government may, by notification,
authorize in this behalf, shall discharge the functions of the Chairperson
until the date on which the Chairperson resumes his duties.
7.
Term of office- The Chairperson, the Vice-Chairperson
or a Member shall hold office as such for a term of three years from
the date on which he enters upon his office, but shall be eligible for
re-appointment for another term of three years:
Provided
that no Chairperson, Vice-Chairperson or Member shall hold office as
such after he has attained-
(a)
in the case of the Chairperson, the age of seventy years; and
(b)
in the case of the Vice-Chairperson or a Member, the age of sixty-five
years.
8.
Resignation and removal- (1) The Chairperson, the Vice-Chairperson
or a Member may, by notice writing under his hand addressed to the President,
resign his office:
Provided
that the Chairperson, the Vice-Chairperson or a 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, the Vice-Chairperson or a Member shall not be removed
from his office except by an order made by the President on the ground
of proved misbehavior or incapacity after an inquiry made by a Judge
of the Supreme Court in which such Chairperson, the Vice-Chairperson
or a Member had been informed of the charges against him and given a
reasonable opportunity of being heard in respect of those charges.
(3)
The President may suspend from office the Chairperson, the Vice-Chairperson
or a Member in respect of whom a reference has been made to the Supreme
Court under sub-section (2) until the President has passed orders on
receipt of the report of the Supreme Court on such reference.
(4)
The Central Government may, by rules, regulate the procedure for the
investigation of misbehavior or incapacity of the Chairperson, the Vice-Chairperson
or a Member referred to in sub-section (2).
9.
Salaries and allowances and other terms and conditions of service
of Chairperson, Vice-Chairperson and 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, the Vice-Chairperson and the Members shall be such as may
be prescribed by the Central Government.
10.
Vacancy in Authority not to invalidate acts or proceedings.
- No act or proceedings of the Authority shall be questioned or shall
be invalid merely on the ground of existence of any vacancy or defect
in the establishment of the Authority.
Chapter
III
Jurisdiction
and Powers of 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 neighborhood
of the area wherein the project is proposed to be located.
(3)
On receipt of an appeal preferred under 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 the appeal within a further period of thirty days.
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 times 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 any representation 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.
- 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 delegate 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. - (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
provide 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.
Chapter
IV
Miscellaneous
15.
Bar of jurisdiction. - With effect from the date of
establishment of the Authority, no civil court or other authority shall
have jurisdiction to entertain any appeal in respect of any matter with
which the Authority is so empowered by or under this Act.
16.
Proceedings before the Authority to be judicial proceedings.
- All proceedings before the Authority shall be deemed to be judicial
proceedings within the meaning of sections 193, 219 and 228 of the Indian
Penal Code (45 or 1860).
17.
Members and staff of Authority to be public servants.
- The Chairperson, the Vice-Chairperson and the Members and the officers
and other employees of the Authority shall be deemed to be public servants
within the meaning of Section 21 of the Indian Penal Code (45 of 1860).
18.
Protection of action taken in good faith. - No suit,
prosecution or other legal proceeding shall lie against the Central
Government or against the Chairperson, the Vice-Chairperson or a Member
of the Authority or any other person authorized by the Chairperson,
the Vice-Chairperson or a 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.
19.
Penalty for failure to comply with orders of Authority.
- Whoever fails to comply with any order made by the Authority, he shall
be punishable with imprisonment for a term which may extend to seven
years, or with fine which may extend to one lakh rupees, or with both.
20.
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 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 has 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.
21.
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 appear to it to
be necessary or expedient for removing the difficulty :
Provided
that no such order shall be made after the expiry of the period of three
years from the date on which this Act receives the assent of the President.
(2)
Every order made under this section shall, as soon as may be after it
is made, be laid before each House of Parliament.
22.
Power to make rules. - (1) The Central Government may,
by notification, make rules for carrying out the provisions 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 procedure under sub-section (4) of Section 8 for the investigation
of misbehavior or incapacity of the Chairperson, the Vice-Chairperson
or a Member;
(b)
the salaries and allowances payable to and the other terms and conditions
of service of the Chairperson, the Vice-Chairperson and the Members
under Section 9;
(c)
the form which an appeal shall contain under sub-section (1) of Section
11;
(d)
financial and administrative powers of the Chairperson under Section
13;
(e)
the salaries and allowances and conditions of service of the officers
and other employees of the Authority;
(f)
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 rule.
23.
Repeal and saving. - (1) The National Environment Appellate
Authority Ordinance, 1997 (Ordinance No. 12 of 1997), is hereby repealed.
(2)
Notwithstanding such repeal, anything done or any action taken under
the said Ordinance, shall be deemed to have been done or taken under
the corresponding provisions of this Act.
1.
Received
the assent of ht President on March 26, 1997 and published in the Gazette
of India, Extra. Part II, Section 1, dated 26th March