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THE NATIONAL ENVIRONMENT APPELLATE AUTHORITYACT, 1997


Published: 1997-03-26

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THE NATIONAL ENVIRONMENT APPELLATE AUTHORITYACT, 1997
ACT NO. 22 OF 1997
[26th March, 1997.]


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 thereto.



BE it enacted by Parliament in the Forty-eighth Year of the Republic

of India as follows:-


CHAP
PRELIMINARY


CHAPTER I

PRELIMINARY


1.
Short title and commencement.


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.


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.


CHAP
ESTABLISHMENT OF AUTHORITY


CHAPTER II

ESTABLISHMENT OF AUTHORITY


3.
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, it under

this Act.



(2) The head office of the Authority shall be at Delhi.


4.
Composition of Authority.


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 appointments as Chairperson, Vice-Chairperson orMember.




5. Qualifications for appointments 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 he has-



(a) for at least two years hel d 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 functionsin

certain circumstances.




6. 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 otherw ise, 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 Members 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.


7.
Term of office.


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-appoint

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.


8. Resignation and removal.-(1) The Chairperson, the Vice-Chairperson

or a Member may, by notice in writing under his hand addressed to the

President, resign his office:



Provided that the Chairperson, the Vice-Chairperson or 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 misbehaviour 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 misbehaviour 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

ofChairperson, Vice-Chair-Person and Members.


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.


10. Vacancy in Authority not to invalidate acts or proceedings.-No

act or proceeding of the Authority shall be questioned or be invalid

merely on the ground of existence of any vacancy or defect in the

establishment of the Authority.




CHAP
JURISDICTION AND POWERS OF AUTHORITY


CHAPTER III

JURISDICTION AND POWERS OF AUTHORITY


11.
Appeals to 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

neighbourhood of the area wherein the project is proposed to be

located.



(3) On receipt of an appeal preferred 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 appeal within a further period of thirty days.


12.
Procedure and powers of Authority.


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 time 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 anyrepresentation 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.


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 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.


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 provided

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.




CHAP
MISCELLANEOUS


CHAPTER IV

MISCELLANEOUS


15.
Bar of jurisdiction.


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.


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 of 1860).


17.
Members and staff of Authority to be public servants.


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.


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 authorised 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.


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.


20. Offences by companies.-(1) Where any offence under this Act has

been committed by company, every person who, at the time of 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

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.


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.


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 misbehaviour 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 with prejudice to the validity

of anything previously done under that rule.


23.
Repeal and saving.


23. Repeal and saving.-(1) The National Environment Appellate

Authority Ordinance, 1997 (Ord. 12 of 1977) 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.