8. Establishment of National Environment Tribunal.
The Central Government shall, by notification, establish a Tribunal, to be known as the
National Environment Tribunal, to exercise the jurisdiction, powers and authority
Conferred on it by or under this Act.
9. Composition of Tribunal and Benches thereof.
(1) The Tribunal shall consist of a Chairperson and such number of Vice-Chairpersons,
Judicial Members and Technical Members as the Central Government may deem fit and,
subject to the other provisions if this Act, the jurisdiction, powers and authority of the
Tribunal may be exercised by Benches thereof.
(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial
Member and one Technical Member.
(3) Notwithstanding anything contained in sub-section (1), the Chairperson-
(a) may, in addition to discharging the functions of the Judicial Member of the
Technical Member of the Bench to which he is appointed, discharge the functions
of the Judicial Member or, as the case may be, the Technical Member, of any
other Bench;
(b) may transfer the Vice-Chairperson or other Member from one Bench to
another Bench;
(c) may authorise the Vice-Chairperson or the Judicial Member or the Technical
Member appointed to one Bench to discharge also the functions of the ViceChairperson or, as the case may be, the Judicial Member or the Technical
Member of another Bench; and
(d) may, for the purpose of securing that any case or cases which, having regard
to the nature of the questions involved, requires or require, hi his opinion or under
the rules made by the Central Government in this behalf, to be decided by a
Bench composed of more than two Members issue such general or special orders,
as he may deem fit:
Provided that every Bench constituted in pursuance of this clause shall include at least
one Judicial Member and one Technical Member.
(4) Notwithstanding anything contained in the foregoing provisions of this section, it
shall be competent for the Chairperson or any other Member authorised by the
Chairperson in this behalf to function as a Bench consisting of a single Member and
exercise the jurisdiction, powers and authority of the Tribunal in respect of such classes
of cases or such matters pertaining to such classes, of cases as the Chairperson may, by
general or special order, specify:
Provided that if at any stage of the hearing of any such case or matter, it appears to the
Chairperson or such Member that the case or matter is of such a nature that, it ought to
be, heard by a Bench consisting of two Members, the case or matter may be transferred
by the Chairperson or, as the, case pay be referred to him for transfer to such Bench as
the Chairperson may deem fit.
(5) Subject to the other provisions of this Act, the Benches of the Tribunal shall
ordinarily sit at New Delhi (which shall be known as the principal Bench) and at such
other places as the Central Government may, by notification, specify.
10. Qualifications for appointment as Chairperson, Vice-Chairperson or other
Member.
(1) A person shall not be qualified for appointment as the Chairperson unless he.-
(a) is, or has been, a Judge of the Supreme Court or a High Court; or
(b) has, for at last two year", held the office of Vice-Chairperson.
(2) A person shell not be qualified for appointment as the Vice-Chairperson unless he-
(a) is, or has been, a Judge of a High Court; or
(b) has, for at least two years, held the post of a 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 then that of a Secretary to the Government of India; or
(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 or technical aspects of the problems relating to environment.
(5) Subject to the provisions of subsections (6) and (7), the Chairperson, ViceChairperson and every other Member of the Tribunal shall be appointed by the President.
(6) No appointment of a person possessing the qualifications 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 Tribu- Chairperson of the Committee, ex
nal. officio;
(b) Secretary to the Govern- member, ex Officio;
ment of India in the Ministry of Environment and
Forests
(c) Secretary to the Govern- member, ex Officio;
ment of India in the Ministry of Law, justice
and company Affairs (Department of Legal Affairs)
(d) Director-General, Council member, ex officio;
of Scientific and Industrial Research.
(e) an Environmentalist to be member.
nominated by the central
Government
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) When the Chairperson is unable to discharge his functions owing to absence, illness
of any other cause, the Vice-Chairperson or, as the case may be, such one of the ViceChairpersons, 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 Member shall hold office as such for a
term 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 the 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 Member.
The salaries and allowances payable to, and the other terms and conditions of service
(including pension, gratuity and other retirement benefits) of, the Chairperson, ViceChairperson and other Member 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 theother provisions of
this Act, be eligible for appointment as the Chairperson of the Tribunal, but not
for 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, ViceChairperson 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 controlled by the Government.
16. Financial and administrative powers of Chairperson.
The Chairperson shall exercise such financial and administrative powers over 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 condition that the Vice-Chairperson or such officer shall,
which 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 be dealt with by
each Bench.
(2) If any question arises as to whether any matter falls within the purview of the business
allocated to a t3ench, the decision of the Chairperson shall be final.
Explanation.-For the removal of doubts, it is hereby declared that the expression "matter"
includes applications for interim relief.