The National Green Tribunal Act, 2010

SCHEDULE I

[See sections 14(1), 15(1), 17(1)(a), 17(2), 19(4) (j) and 34(1)]

1. The Water (Prevention and Control of Pollution) Act, 1974;

2. The Water (Prevention and Control of Pollution) Cess Act, 1977;

3. The Forest (Conservation) Act, 1980;

4. The Air (Prevention and Control of Pollution) Act, 1981;

5. The Environment (Protection) Act, 1986;

6. The Public Liability Insurance Act, 1991;

7. The Biological Diversity Act, 2002.

SCHEDULE II

[See sections 15(4) and 17(1)]

HEADS UNDER WHICH COMPENSATION OR RELIEF FOR DAMAGE 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 of 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 the 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 the 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 draught

animals and aquatic fauna;

(j) Claims on account of any harm, damage or destruction to 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 or employment or both;

 (n) Any other claim arising out of, or connected with, any activity of handling of hazardous

substance.

SCHEDULE III

(See section 36)

AMENDMENT TO CERTAIN ENACTMENTS

PART I

AMENDMENT TO THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

(6 OF 1974)

 Insertion of new section 33B.—After section 33A, the following section shall be inserted, namely:—

Appeal to National Green Tribunal.—"33B. Any person aggrieved by,—

(a) an order or decision of the appellate authority under section 28, made on or after the

commencement of the National Green Tribunal Act, 2010; or

(b) an order passed by the State Government under section 29, on or after the commencement of

the National Green Tribunal Act, 2010; or

(c) directions issued under section 33A by a Board, on or after the commencement of the National

Green Tribunal Act, 2010,

may file an appeal to the National Green Tribunal established under section 3 of the National Green

Tribunal Act, 2010, in accordance with the provisions of that Act.".

PART II

AMENDMENTS TO THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS ACT, 1977

(36 OF 1977)

1. Amendment of section 13.—In section 13, in sub-section (4), for the words "shall be final", the

words, figures and letters "shall, if no appeal has been filed under section 13A, be final" shall be

substituted.

2. Insertion of new section 13A.—After section 13, the following section shall be inserted, namely:—

"13A. Appeal to National Green Tribunal.— Any person aggrieved, by an order or decision of the

appellate authority made under section 13, on or after the commencement of the National Green

Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under section 3 of

the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.".

PART III

AMENDMENT TO THE FOREST (CONSERVATION) ACT, 1980

(69 OF 1980)

Insertion of new section 2A.—After section 2, the following section shall be inserted, namely:—

"2A. Appeal to National Green Tribunal.—Any person aggrieved, by an order or decision of the

State Government or other authority made under section 2, on or after the commencement of the

National Green Tribunal Act, 2010, may file an appeal to the National Green Tribunal established

under section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that

Act.".

PART IV

AMENDMENT TO THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

(14 OF 1981)

Insertion of new section 31B.—After section 31A, the following section shall be inserted, namely:—

"31B. Appeal to National Green Tribunal.—Any person aggrieved by an order or decision of the

Appellate Authority under section 31, made on or after the commencement of the National Green

Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under section 3 of

the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.".

PART V

AMENDMENT TO THE ENVIRONMENT (PROTECTION) ACT, 1986

(29 OF 1986)

Insertion of new section 5A.—After section 5, the following section shall be inserted, namely:—

"5A. Appeal to National Green Tribunal.—Any person aggrieved by any directions issued under

section 5, on or after the commencement of the National Green Tribunal Act, 2010, may file an

appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act,

2010, in accordance with the provisions of that Act.".

PART VI

AMENDMENTS TO THE BIOLOGICAL DIVERSITY ACT, 2002

(18 OF 2003)

1. Amendment of section 52.—In section 52, after the proviso, the following provisos shall be

inserted, namely:—

"Provided further that nothing contained in this section shall apply on and from the

commencement of the National Green Tribunal Act, 2010:

 Provided also that any appeal pending before the High Court, before the commencement of the

National Green Tribunal Act, 2010, shall continue to be heard and disposed of by the High Court as if

the National Green Tribunal had not been established under section 3 of the National Green Tribunal

Act, 2010.".

2. Insertion of new section 52A.—After section 52, the following section shall be inserted, namely:—

"52A. Appeal to National Green Tribunal.—Any person aggrieved by any determination of

benefit sharing or order of the National Biodiversity Authority or a State Biodiversity Board under

this Act, on or after the commencement of the National Green Tribunal Act, 2010, may file an appeal

to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010,

in accordance with the provisions of that Act.".