National
Green Tribunal (Practices and Procedure) Rules, 2011
[National Green Tribunal (Practices and Procedure) Rules, 2011]
[4th April, 2011]
In exercise of the powers
conferred by sub-section (4) of Section 4 read with Section 35 of the National
Green Tribunal Act, 2010 (19 of 2010), the Central Government hereby makes the
following rules, namely.
Rule - 1. Short title and commencement.
(1) These rules may be called
the National Green Tribunal (Practices and Procedure) Rules, 2011.
(2) They shall come into force
on the date of their publication in the Official Gazette.
Rule - 2. Definitions.
(1) In these rules, unless the
context otherwise requires.
(a) “Act” means the National
Green Tribunal Act, 2010 (19 of 2010);
(b) “agent” means a person duly
authorised by a party to present an application, appeal, written reply,
rejoinder or any other document on behalf of such party before the Tribunal;
(c) “applicant” means person
making an application or appeal to the Tribunal under Section 18;
(d) “appellant” means person
making an appeal to the Tribunal under Section 16 read with Section 18;
(e) “Environmental Relief Fund”
means the Fund established under Section 7-A of the Public Liability Insurance
Act, 1991 (6 of 1991);
(f) “Form” means a form
appended to these rules;
(g) “legal practitioner” shall
have the same meaning as is assigned to it in the Advocates Act, 1961 (25 of
1961);
(h) “legal representative”
means a person who in law represents the estate of the deceased person and
includes the person or persons in whom the right to receive compensatory
benefits vests;
(i) “Registrar” means an
officer of the Tribunal appointed under the Act and designated as the Registrar
and includes the Deputy Registrar;
(j) “Registry” means the
Registry of the Tribunal;
(k) “section” means a section
of the Act;
(l) “transferred case” means
the application or appeal or other proceeding which has been transferred to the
Tribunal under sub-section (5) of Section 38;
(m) “Tribunal” means the
National Green Tribunal established under Section 3.
(2) The words and expression
used in these rules but not defined herein and defined in the Act shall have
the same meanings, respectively, assigned to them in the Act.
Rule - 3. Distribution of business amongst the different ordinary place or places of Sittings of Tribunal.
(1) The Chairperson may
constitute a bench of two or more members consisting of at least one Judicial
Member and one Expert Member:
[Provided that in
exceptional circumstances the Chairperson may constitute a single Member
bench.]
(2) The Chairperson shall have
the power to decide the distribution of the business of the Tribunal amongst
the members of the Tribunal sitting at different places by order and specify
the matters which may be dealt with by each such sitting in accordance with the
provisions of clause (d) of
sub-section (4) of Section 4 of the Act.
(3) If any question arises as
to whether any matter falls within the purview of the business allocated to a
place of sitting, the decision of the Chairperson shall be final.
Explanation. The expression “matter”
includes application for interim relief.
Rule - 4. Circuit procedure.
The Chairperson may, by
general or special order, decide the cases or class of cases for which circuit
procedure may be adopted by the Tribunal under clause (b) of sub-section (4) of Section 4 of the Act and may delegate
such powers to a Judicial Member as he may deem fit.
Rule - 5. Minimum number of members who shall hear application or appeal.
(1) The Tribunal shall hear an
application or appeal, as the case may be, consisting of at least by a Judicial
and an Expert Member.
(2) Where the Chairperson
considers it necessary that a particular case or cases be heard and decided by
the Tribunal consisting of more than two members he may by order in writing
direct that such case or cases, be heard by such members of the Tribunal as may
be specified in that order.
Rule - 6. Sitting at place other than the place where it shall ordinarily sit.
If at any time the Judicial
Member of Tribunal is satisfied that circumstances exist which render it
necessary to have its sitting at any place, other than the place at which it
ordinarily sits, falling within its territorial jurisdiction, he may with the
previous approval of the Chairperson direct that the sitting shall be held at
any such appropriate place.
Rule - 7. Functions of Registrar.
(1) The Chairperson may, by
general or special order, entrust the following functions to the Registrar,
namely.
(a) to receive all applications,
appeals and other documents including transferred applications or appeals;
(b) to decide all questions
arising out of the scrutiny of the applications and appeals before they are
registered;
(c) to require any application
or appeal presented to the Tribunal to be amended for compliance with the
provision of the Act or the rules made thereunder;
(d) subject to the directions
of the Tribunal to fix the date of hearings and to issue notices therefor;
(e) to direct any formal
amendment of records;
(f) to order grant of copies of
documents to parties to the proceeding;
(g) to grant leave to inspect
the records of the Tribunal;
(h) to dispose of all matters
relating to the service of notices or other processes, application or appeals
for the issue of fresh notices and for extending the time for filing such
application or appeals, to grant time not exceeding thirty days for filing a
reply or rejoinder, if any, and to place the matter before the Tribunal for
appropriate orders after the expiry of the aforesaid period;
(i) to requisition or transfer
of any records of such suit, claim or other legal proceedings as are
transferred to the Tribunal from any court or other authority;
(j) to receive and dispose of
application for substitution, except where the substitution would involve setting
aside an order of abetment;
(k) to receive and dispose of
application by parties for return of documents; and
(l) to call for information and
records and to inspect or cause to be inspected the registry of the other place
of sittings under general or special orders as may be issued by the Chairperson
from time to time.
(2) The official records shall
be kept in the custody of the Registrar.
Rule - 8. Procedure for filing application or appeal.
(1) An application or appeal to
the Tribunal under Section 18 shall be presented in Form I by the applicant or
appellant, as the case may be, in person or by an agent or by a duly authorised
legal practitioner, to the Registrar or any other officer authorised in writing
by the Registrar to receive the same or be sent by registered post with
acknowledgement duly addressed to the Registrar of the Tribunal at and sent to
concerned place of sitting:
Provided that where the
application is for relief and compensation, it shall be made in Form II.
(2) The application or appeal,
as the case may be, under sub-rule (1) shall be presented in triplicate in the
following two compilations.
(i) Compilation
No. 1. application
or appeal, as the case may be, along with the impugned order, if any;
(ii) Compilation
No. 2. all
other documents and annexures referred to in the application or appeal, in a
paper book form.
(3) Where the number of
respondents is more than one, as many extra copies of the application or
appeal, in paper-book form as there are respondents together with unused file
size envelope bearing the full address of each respondent shall be furnished by
the applicant or appellant, as the case may be:
Provided that where the
number of respondents is more than five, the Registrar may permit the applicant
or appellant, as the case may be, to file the extra copies of the application
or appeal, as the case may be, at the time of issue of notice to the
respondents.
(4) The applicant or appellant,
as the case may be, may attach to, and present with, his application or appeal,
as the case may be, a receipt slip in Form III which shall be signed by the
Registrar or the officer receiving the application or appeal on behalf of the
Registrar in acknowledgement of the receipt of the application or appeal.
(5) Notwithstanding anything
contained in sub-rules (1) to (3), the Tribunal may permit more than one person
to join together and file a single application or appeal, as the case may be,
if it is satisfied, having regard to the cause and the nature of relief prayed
for that they have a common interest in the matter:
Provided that such
permission may also be granted to an agent representing the person desirous of
joining in a single application or appeal provided, however, that the
application or appeal shall disclose the class, grade, categories or persons on
whose behalf it has been filed:
Provided further that at
least one affected person joins such an application or appeal.
Rule - 9. Presentation and scrutiny of application or appeal.
(1) The Registrar or the
officer authorised by him under Rule 8, shall endorse on every application or
appeal, as the case may be, the date on which it is presented or deemed to have
been presented under that rule and shall sign the endorsement.
(2) If, on scrutiny, the
application or appeal, as the case may be, is found to be in order, it shall be
duly registered in a register in Form IV and assigned a serial number.
Rule - 10. Rectification of defects.
(1) If on scrutiny, any
application or pleadings filed in the Tribunal is found to be defective, the
Registrar or the authorised officer of the Registry shall notify in Form V on
the Notice Board of the Tribunal fixing the time for rectifying the same.
(2) The papers shall be
returned to the party or his legal practitioner only after obtaining
acknowledgement thereof in the Inward Register.
(3) The Registrar may, for good
and sufficient reasons extend the time for rectifying the defects, provided the
total period for rectification including the extended period does not exceed
thirty days.
(4) If the party or his legal
practitioner contests the office objection and the Registrar is not satisfied,
the matter shall be placed before the Tribunal for appropriate orders.
(5) If the party or his legal
practitioner rectifies the defects and represents the application or appeal or
pleading within the time granted, the Registrar on being satisfied may order
for its registration and acceptance and numbering as specified in Rule 9.
Rule - 11. Place of filing application or appeal.
An application or appeal,
as the case may be, shall ordinarily be filed by an applicant or appellant, as
the case may be, with the Registrar of the Tribunal at its ordinary place of
sitting falling within the jurisdiction, the cause of action, wholly or in
part, has arisen.
Rule - 12. Fee.
(1) An application or appeal
where compensation has been claimed, shall be accompanied by a fee of
equivalent to one per cent of the amount of compensation claimed, subject to a
minimum of one thousand rupees:
Provided that where the
Tribunal permits a single application or appeal to be filed either by more than
one person or by an association of persons, the fee payable shall be equivalent
to one per cent of the total amount of compensation claimed:
Provided further that,
there shall be no fee for filing of application or appeal for claiming
compensation by any person who is below the poverty line determined in
accordance with the guidelines or instructions issued by the Central Government
or the State Government from time to time in this regard or indigent person
determined in accordance with the provisions of the Code of Civil Procedure,
1908 (5 of 2008).
(2) An application or appeal
where no compensation has been claimed shall be accompanied by a fee of one
thousand rupees.
(3) The fee under this rule
shall be remitted either in form of a crossed demand draft drawn on a
nationalised bank in favour of the Registrar payable at the main branch of that
bank at the station where the place of sitting of the Tribunal is situated or
remitted through a crossed Indian Postal Order drawn in favour of the Registrar
and payable at the Post Office of the station where the sitting of the Tribunal
is situated.
Rule - 13. Contents of application or appeal.
(1) Every application or appeal
filed under Rule 8 shall set forth concisely under distinct heads the grounds
for such application or appeal and such grounds shall be numbered
consecutively.
(2) Every application or appeal
including any miscellaneous application shall be typed in double space on one
side on thick paper of good quality.
(3) It shall not be necessary
to present a separate application or appeal to seek an interim order or
direction if in original application or appeal the same relief is prayed for.
(4) An applicant or appellant
may, subsequent to the filing of an application or appeal under Section 18 of
the Act, apply for an interim order or direction by way of an application in
Form I or Form II, as the case may be.
(5) Every application or
appeal, as the case may be shall be accompanied by the following documents,
namely.
(a) attested true copy of the
order against which the application or appeal, as the case may be, is filed;
(b) copies of the documents
relied upon by the applicant or appellant, as the case may be, and referred to
in the application or appeal;
(c) an index or the documents.
(6) The documents referred to
in sub-rule (5) may be attested by a legal practitioner or by a Gazetted
Officer and each document shall be marked serially as Annexures A-1, A-2, A-3
and so on.
(7) Where an applications or
appeal, as the case may be, is filed by any agent, the documents authorising
him to act as such agent shall also be appended to the application or appeal:
Provided that where an
application or appeal, as the case may be, is filed by a legal practitioner, it
shall be accompanied by a duly executed ‘Vakalatnama’.
Rule - 14. Plural remedies.
An application or appeal,
as the case may be, shall be based upon a single cause of action and may seek
one or more relief provided that they are consequential to one another.
Rule - 15. Service of notice and processes.
(1) Notices to be issued by the
Tribunal may be served by any of the following modes.
(i) by hand delivery (dasti) to
the party itself or to the authorised agent, as the case may be, through
process server;
(ii) by registered post with
acknowledgement due;
(iii) through the concerned Head
of Office of the same Department involved in the proceedings.
(2) Where notice issued by the
Tribunal is served by the party himself by hand delivery (dasti), he shall file
in the Registry of the Tribunal, the acknowledgement together with an affidavit
of service.
(3) Notwithstanding anything
contained in sub-rule (1), the Tribunal may, taking into account the number of
respondents and their places of residence or work and other circumstances,
direct the notice of the application or appeal, as the case may be, shall be served
upon the respondents in any other manner, including any manner of substituted
service, as it appears to the Tribunal just and convenient.
(4) Notwithstanding anything
contained in sub-rule (1), the Tribunal, may in its discretion, having regard
to the nature of the case, direct the service of the notice on the Standing
Counsel, authorised to accept the service, for any Department or Organisation
of the Central Government or the State Government or Union Territory, or an
authority, a corporation or a body owned or controlled by the Central
Government or the State Government or Union Territory, as the case may be.
(5) Every notice issued by the
Tribunal shall unless otherwise ordered, be accompanied by a copy of the
application or appeal, as the case may be, and a copy of the impugned order.
(6) Notwithstanding anything
contained in sub-rules (1) to (4), if the Tribunal is satisfied that it not
reasonably practicable to serve notice of application or appeal, as the case
may be, upon all the respondents, it may, for reasons to be recorded in
writing, direct that the application or appeal, as the case may be, shall be
heard notwithstanding that some of the respondents have not been served with
notice of the application or appeal:
Provided that no
application or appeal, as the case may be, shall be heard unless.
(i) the notice of the
application or appeal, as the case may be, has been served on the Central
Government or the State Government or Union Territory, as the case may be, if
such Government is a respondent;
(ii) the notice of the
application or appeal, as the case may be, has been served on the authority
which passed the order against which the application or appeal has been filed;
and
(iii) the Tribunal is satisfied
that interests of the respondents on whom notice of the application or appeal,
as the case may be, has not been served are adequately and sufficiently
represented by the respondents on whom notice of the application or appeal, as
the case may be, has been served.
(7) Every applicant or
appellant, as the case may be, shall pay for the service or execution of
processes, in respect of an application or appeal where the number of respondents
exceeds five, as under.
(a) a sum of five rupees for
each respondent in excess of five respondents;
(b) where the service is in
such manner as the Tribunal may direct under sub-rule (3) such a sum not
exceeding the actual charges incurred in effecting the service as may be
determined by the Tribunal.
(8) The fees for the service or
execution of process under sub-rule (7) shall be remitted in the manner
specified under rule (12) within one week of the date of order determined the
fees or within such extended time as the Registrar may permit.
Rule - 16. Filing of reply and other documents by respondents.
(1) Each respondent intending
to contest the application or appeal, as the case may be, shall file in
triplicate the reply to the application or appeal, as the case may be, and the
document relied upon in paper book form with the Registry within one month of
the service of notice of the application or appeal on him.
(2) In the reply filed under
sub-rule (1), the respondent shall specifically admit, deny or explain the
facts stated by the applicant or appellant, as the case may be, in his
application or appeal, as the case may be, and may also state such additional
facts as may be found necessary for the just decision of the case.
(3) The reply shall be signed
and verified as a written statement by the respondent or any other person duly
authorised by him in writing in the same manner as provided for in Order VI,
Rule 15 of the Code of Civil Procedure, 1908 (5 of 1908).
(4) The documents accompanying
reply shall also be filed along with the reply and the same shall be marked as
R-1, R-2, R-3 and so on.
(5) The respondent shall also
serve a copy of the reply along with documents as mentioned in sub-rule (1) on
the applicant or appellant, as the case may be, or his legal practitioner, if
any, and file proof of such service in the Registry.
(6) The Tribunal may allow
filing of the reply after the expiry of the specified period with or without
cost.
(7) The Tribunal may permit the
parties to amend the pleadings in the same manner as provided under Order 6,
Rule 17 of the Code of Civil Procedure, 1908 (5 of 1908).
Rule - 17. Date and place of hearing.
The Tribunal shall notify
to the parties the date and the place of hearing of the application or appeal
in such manner as the Chairperson may by general or special order direct.
Rule - 18. Calendar of cases.
(1) The Tribunal shall draw up
a calendar for the hearing of transferred cases and, as far as possible, hear
and decide the cases according to the calendar.
(2) The Tribunal shall have the
power to decline an adjournment and also to limit the time for oral arguments.
(3) Every application or appeal
shall be heard and decided finally, as far as possible within six months from
the date of filing an application or appeal, as the case may be.
Rule - 19. Maintenance of diary.
(1) The concerned officer of
the Tribunal shall maintain legibly a case diary, wherein he shall record the proceedings
for each case listed in the daily cause list.
(2) The matters to be recorded
in the diary shall include details as to whether the case is adjourned, or
part-heard or heard and disposed of or heard and orders reserved, as the case
may be.
Rule - 20. Action on application for applicant's or appellant's default.
(1) Where on the date fixed for
hearing of the application or appeal, as the case may be, or on any other date
to which such hearing may be adjourned the applicant or appellant, as the case
may be, does not appear when the application or appeal, as the case may be, is
called for hearing, the Tribunal may in its discretion, either dismiss such
application or appeal for default or hear and decide it on merit.
(2) Where an application or
appeal, as the case may be, has been dismissed for default and the applicant or
appellant, as the case may be, files an application within thirty days from the
date of dismissal and satisfies the Tribunal that there was sufficient cause
for his non-appearance when the application or appeal was called for hearing,
the Tribunal shall make an order setting aside the order dismissing the
application or appeal, as the case may be, and restore the same:
Provided that where the
case was disposed of on merits the decision shall not be reopened except by way
of review.
Rule - 21. Ex parte hearing and disposal of cases.
(1) Where on the date fixed for
hearing the application or appeal, as the case may be, or on any other date to
which such hearing may be adjourned, the applicant or appellant, as the case
may be, appears and the respondent does not appear when the application or
appeal is called for hearing, the Tribunal may, in its discretion adjourn the
hearing, or hear and decide such application or appeal ex parte.
(2) Where an application or
appeal, as the case may be, has been heard ex parte against a respondent or
respondents such respondent or respondents may apply within thirty days from
the date of the order to the Tribunal for an order to set it aside and if such
respondent or respondents satisfy the Tribunal that the notice was not duly
served, or that he or they were prevented by any sufficient cause from
appearing when application or appeal was called for hearing, the Tribunal may
make an order setting aside the ex parte order as against him or them upon such
terms as it thinks fit, and shall appoint a day for proceeding with such
application or appeal:
Provided that where the ex
parte order of the application or appeal is of such nature that it cannot be
set aside as against one respondent only, it may be set aside as against all or
any of the other respondents also:
Provided further that the
Tribunal shall not set aside ex parte order of an application or appeal, as the
case may be, merely on the ground that it was not served upon a respondent or
respondents.
Rule - 22. Application for review.
(1) No application for review
shall be entertained unless it is filed within thirty days from the date of
receipt of copy of the order sought to be reviewed.
(2) A review application shall
ordinarily be heard by the Tribunal at the same place of sitting which has
passed the order, unless the Chairperson may, for reasons to be recorded in
writing, direct it to be heard by Tribunal sitting at any other place.
(3) Unless otherwise ordered by
the Tribunal sitting at the concerned place, a review application shall be
disposed of by circulation and the Tribunal may either dismiss the application
or direct notice to the opposite party.
(4) When an application for
review of any judgment or order has been made and disposed of, no further
application for review shall be entertained.
(5) No application for review
shall be entertained unless it is supported by a duly sworn affidavit
indicating therein the source of knowledge, personal or otherwise, and also
those which are sworn on the basis of the legal advice.
(6) The counter affidavit in
review application shall also be on a duly sworn affidavit wherever any
averment of fact is disputed.
Rule - 23. Order to be signed and dated.
(1) Every order of the Tribunal
shall be signed and dated by the Members constituting the sitting of the
Tribunal, which pronounced the order.
(2) The order shall be
pronounced in open court.
Rule - 24. Order and directions in certain cases.
The Tribunal may make such
orders or give such directions as may be necessary or expedient to give effect
to its order or to prevent abuse of its process or to secure the ends of
justice.
Rule - 25. Publication of orders.
The Tribunal shall get its
decisions or orders reported, to be fit for publication in any authorised legal
report or journal or such of the order of the Tribunal as are deemed fit for
publication in any authoritative report or journal or the press may be released
for such publication on such terms and conditions as the Chairperson may
specify by general or special order.
Rule - 26. Dress of the Members and staff of the Tribunal.
The dress for the Members
of the Tribunal (including Chairperson) and members of the staff shall be such
as the Chairperson may specify.
Rule - 27. Dress of the parties.
A legal practitioner or, as
the case may be, the presenting officer shall appear before the Tribunal in his
professional dress as prescribed for appearance before the courts and if there
is no such dress, then.
(a) in the case of a male, a
suit with a tie or close coat or any other customary dress of sober colour;
(b) in case of female, in a
saree or any other customary dress of sober colour.
Rule - 28. Communication of order to parties.
(1) Every interim order,
granting or refusing or modifying interim relief or final order shall be
communicated to the applicant or appellant, as the case may be, and to the
concerned respondent either by hand delivery or by Registered Post, free of
costs:
Provided that unless
ordered otherwise by the Tribunal, a copy of the final order need not be sent
to any respondent who has not entered appearance.
(2) The applicant or, as the
case may be, the appellant or the respondent who is duly represented by an
advocate or other authorised agent requires a copy of any document, proceeding
or order, the same shall be supplied to him on such terms and conditions on
payment of such fees or cost as may be fixed by the Chairperson by general or
special order.
Rule - 29. Inspection of records.
(1) The parties to any case or
their counsel may be allowed to inspect the record of the case on making an
application in Form VI to the Registrar.
(2) Subject to such terms and
conditions as may be specified by the Chairperson by a general or special
order, a person who is not a party to the proceeding, may also be allowed to
inspect the proceeding after obtaining the permission of the Registrar in
writing.
(3) The applicant or his
counsel or other authorised representative shall pay such fees or charges as
may be specified by the Chairperson by general or special order for the
inspection of the records of a case.
Rule - 30. Working hours of Tribunal.
Except on Second Saturday
of month, Sundays, and other public holidays, the office of the Tribunal shall,
subject to any order made by the Chairperson remain open from 9:30 hours to
17:30 hours of a day.
Rule - 31. Sitting hours of Tribunal.
The sitting hours of the
Tribunal shall ordinarily be from 10.30 hours to 13.30 hours and 14:30 hours to
16:30 hours subject to any general or special order made by the Chairperson.
Rule - 32. Seal and emblem.
(1) The official seal and
emblem of the Tribunal shall be such as the Central Government may, in
consultation with the Chairperson, specify and the same shall be kept in the
custody of the Registrar.
(2) The seal of the Tribunal
shall not be affixed to any order, summons or other process save under the
authority in writing given by the Tribunal to the Registrar.
(3) The seal of the Tribunal
shall not be affixed to any certified copy issued by the Tribunal save under
the authority in writing given by the Tribunal to the Registrar.
Rule - 33. Language of Tribunal.
(1) The language of the
Tribunal shall be English:
Provided that the parties
to a proceeding before the Tribunal may file documents drawn up in Hindi, if
they so desire:
Provided further that.
(a) the Tribunal may, in its
discretion permit the use of Hindi in the proceedings;
(b) the Tribunal, hearing the
matter may in its discretion direct English translation of pleadings and
documents to be filed;
(c) the Tribunal may, in their
discretion, make final orders either in Hindi or in English.
(2) Notwithstanding anything
contained in sub-rule (1), where a final order is made in Hindi, and
authenticated English translation thereof shall simultaneously be prepared and
kept on record.
Rule - 34. Manner of giving notice.
The manner of giving notice
under clause (b) of sub-section
(1) of Section 30 of the Act shall be as follows.
(a) the notice shall be in
writing in Form V; and
(b) the person giving notice
shall send a copy of the same,
(i) to the person concerned
against whom the order or award has been passed by the Tribunal or the Central
Government or the State Government or Union Territory or the Board or Authority
or Committee dealing with the matters relating to environment or forests
constituted under the Act specified under Schedule I to the Act;
(ii) to the District Collector
of the concerned district where the cause of action has arisen or the property
damaged is situated or environmental damage has arisen;
(iii) to the authority specified
under sub-section (3) of Section 7-A of the Public Liability Insurance Act,
1991 (6 of 1991).
Rule - 35. Manner and the purposes for which amount of compensation or relief or restitution credited to Environment Relief Fund shall be utilised.
(1) The amount by way of compensation
or relief to the victim or restitution of property and the environment, ordered
by the Tribunal to be paid shall be remitted to the authority, specified under
sub-section (3) of Section 7-A of the Public Liability Insurance Act, 1991 (6
of 1991), within a period of thirty days from the date of order or award or as
otherwise ordered by the Tribunal.
(2) In the case of failure to
remit the amount by the concerned person, under sub-rule (1), within the time
so specified, the District Collector of the concerned district shall file a
complaint, before the court having jurisdiction, under clause (a) of sub-section (1) of Section 30
of the Act.
(3) The amount referred to in
sub-rule (1), shall be credited to the Environment Relief Fund under Section 24
of the Act for utilisation under any heads specified in Schedule II to the Act.
(4) A separate account shall be
created and maintained by the authority referred to in sub-rule (1) for the
purpose of receiving and disbursement of the amount pursuant to the order or
award of the Tribunal.
Rule - 36. Procedure for disbursement of relief or compensation or restitution of property damaged.
(1) A copy of the award or
order or decision of the Tribunal passed under clause (a) or clause (b)
of sub-section (1) of Section 15 of the Act shall be transmitted to the
authority referred to in sub-rule (1) of Rule 35 and the District Collector
having local jurisdiction for disbursement.
(2) The authority referred to
in sub-rule (1) of Rule 35 shall transfer the amount so deposited in the Environment
Relief Fund to the concerned District Collector within a period of thirty days
form the date of deposit.
(3) The District Collector
shall arrange to disburse the amount of compensation or relief and restitution
of property damaged within a period of thirty days of the receipt of the amount
under sub-rule (2), to the affected persons or victims of pollution or other
environmental damages arising under the enactments specified in Schedule I,
under the heads specified in Schedule II, to the Act.
Rule - 37. Procedure for disbursement of amount for restitution of environment.
(1) For the purpose of
restitution of environment of such area or areas, affected by pollution and
other environmental damages arising under the enactments specified in the
Schedule I to the Act, the concerned Department of the State Government dealing
with environment and forests shall be the Nodal Agency for execution of
projects or scheme or schemes for restoration and remediation of environment in
accordance with the direction or award of the Tribunal.
(2) A copy of the award or
order or decision of the Tribunal passed under clause (c) of sub-section (1) of Section 15 of the Act shall be
transmitted to the authority referred to in sub-rule (1) of Rule 35 and the
Nodal Agency for disbursement.
(3) The authority referred to
in sub-rule (1) of Rule 35 shall transfer the amount so deposited in the
Environment Relief Fund to the concerned Nodal Agency within a period of thirty
days from the date of receipt of the order of the Tribunal.
(4) The Nodal Agency shall
execute such projects or scheme or schemes by itself or through other
Department or authority or agency of the State Government or in such manner as
may by directed by the Tribunal.
(5) The projects or scheme or
schemes referred to in sub-rule (4) prepared by the Nodal Agency shall commence
within a period of one hundred eighty days from the date of the order or award
of the Tribunal.
(6) The Nodal Agency or other
Department or authority or agency referred to in sub-rule (4) may associate
expert agencies, like, the State Pollution Control Board or other technical
institutions having expertise in the formulation and execution of project or
schemes for restitution of environment, in accordance with the directions of
the Tribunal.
Form I
[See Rule 8(1)]
Before the National Green
Tribunal sitting at…………….
Memorandum
of Application/Appeal
(Under Section 18(1) read
with Sections 14, 15, 16 and 17 of National Green Tribunal Act, 2010)
Application/Appeal
No………………………of……………
Between:
……Applicant(s)/Appellant(s)
And
……Respondent/s
(1) The addresses of the
Applicant/Appellant/s is/are as given above for the service of notices of this
application/appeal and that of their representative(s)……………………………………………..
(2) The addresses of the
Respondent/s is/are as given above for service of notices of the
application/appeal……………………………………………………………
(3) The
Applicant(s)/Appellant(s) abovenamed begs to present the Memorandum of
Application/Appeal against the order dated …………….. of……..…………….. Respondent/s
on the grounds set-out hereunder:
Facts in brief:
Grounds:
Limitation:
Prayer:
………………………………
Signature of
Applicant(s)/Appellant(s)
………………………………
Signature of authorised
representative of applicant(s)/appellant(s)
Verification
I……………………………………. (Name of
the applicant/appellant) S/o, W/o, D/o ………………, age ………. resident of
…………………………………………do hereby verify that the contents of paras ……….. to ………. are
true to my personal knowledge and paras ……. to ………….. believed to be true on
legal advice and that I have not suppressed any material fact.
Date ………………
Place ………………
Signature of the
applicant/appellant
Form II
[See Rule 8(1)]
Form
of Application for Relief and Compensation
(Under Section 15, read
with Section 18(1) of National Green Tribunal Act, 2010)
Before
the National Green Tribunal sitting at………………….
Application No. …………………of
……………….
Shri/Srimati/Kumari
…………………………….……………………… Son of/Daughter of/Widow of Shri ……………………………………….. who
died/had sustained injuries in an accident on …………………………. at …………………
particulars in respect of accident and other information are given below:
(1) Name and father's name of
person injured/dead (husband's name in case of married woman or widow):
(2) Address of the person
injured/dead:
(3) Age…………………Date of
birth……………………….
(4) Sex of the person injured/dead:
(5) Place, date and time of the
accident:
(6) Occupation of the person
injured/dead:
(7) Nature of injuries
sustained:
(8) Name and address of Police
Station in whose jurisdiction accident took place or was registered:
(9) Name and address of the
Medical Officer/Practitioner who attended on the injured/dead:
(10) Name(s) and addresses of
the claimant/claimants:
(11) Relationship with the
deceased:
(12) Facts of the case:
(Give here a concise
statement of facts in a chronological order, each paragraph containing as nearly
as possible a separate issue or fact).
(13) Grounds for relief with
legal provisions:
(14) Details of the remedies
exhausted:
The applicant(s) declares
that he/they has/have availed of all the remedies available to him/them under
the relevant rules, etc.
(Give here chronologically
the details of representations made and the outcome to such representations
with reference to the number of Annexure to be given in support thereof).
(15) Matters not previously
filed or pending with any other court:
The applicant further declares
that he/they had not previously filed any application/appeal, writ petition or
suit regarding the matter in respect of which this application has been made,
before any court or any other authority or any other place of sitting of the
Tribunal nor any such application/appeal, writ petition or suit is pending
before any of them.
In case the applicants had
previously filed any such application/appeal, writ petition or suit, the stage
at which it is pending, and if decided, the list of the decisions should be
given with reference to the number of Annexure to be given in support thereof.
(16) Relief sought:
In view of the facts
mentioned above the applicant(s) prays for the following relief(s).
(Specify below the
relief(s) sought explaining the grounds for such relief(s) and the legal
provisions, if any, relied upon).
(17) Interim order, if any,
prayed for:
Pending final decision on
the application/appeal, the applicant seeks the following interim relief:
(Give here the nature of
the interim relief prayed for).
(18) In the event of
application/appeal being sent registered post, it may be stated whether the
applicant desires to have oral hearing at the admission stage and if so, he/she
shall attach a self-addressed Post Card or Inland Letter, at which intimation
regarding the date of hearing could be sent to him.
(19) The applicant/appellant who
is below the poverty line or indigent in terms of the provisions contain in the
order of Code of Civil Procedure, 1908, shall attach an attested copy of proof
of below the poverty line or indigent to claim waiver of fee.
(20) Particulars of Banks
Draft/Postal Order filed in respect of the application fee.
(21) List of enclosures:
Signature of the
applicant(s)
Signature of authorised
representative of applicant(s)
Date:
Place:
Form III
[See Rule 8(4)]
Receipt
Slip
Receipt of the
application/appeal filed in the National Green Tribunal sitting at ……………… by
Shri/Kum/Smt ……………………………………… Residing at…………………………… is hereby acknowledged.
Dated:
For Registrar
The National Green Tribunal
Seal: ………….Place of Sitting
Form IV
[See Rule 10]
Before the National Green
Tribunal Sitting at………………………
Application/Appeal
No……………………..of ………………..
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Applicant(s)/Appellant(s)
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Versus
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……………………………………………………
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Respondent(s)
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The papers filed in the
following cases have been found on scrutiny to be defective. Hence, it is
hereby notified that the applicant(s)/appellant(s)/Respondent(s) or his/their
Legal practitioner is/are required to rectify the defects in the Registry
itself if they are formal in nature or to take back the papers for
rectification of the defects and representation if they are not formal in
nature, within the time shown against each case.
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Sl. No.
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Diary No./Application/Appeal No.
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Papers/documents in which defects are notified
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By whom defects are to be rectified
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Defects for rectification
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Time allowed for rectification/representation
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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1.
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2.
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3.
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Dated this ………………………. day
of ………………… 20 …………
Signature of the Registrar
or
Authorised Officer
Form V
[See Rule 34]
Form
of Notice
By registered post
Acknowledgement due
Form (1)
Shri …………………………………….
………………………………………….
…………………………………………..
To
…………………………………………..
…………………………………………..
Notice under
Section 30(1) of the National Green Tribunal Act, 2010
Whereas an offence under
the National Green Tribunal Act, 2010 has been committed/is being committed
by………………………………………………….. (2) I/We hereby give notice of 60 days under Section
30(1) of the National Green Tribunal Act, 2010 of my/our intention to file a
complaint in the court against …………………………………………………..(2) for violation of
Section ………….… of the National Green Tribunal Act, 2010.
In support of my/our
notice, I am/we enclosed the following documents (3) as evidence of proof of
the National Green Tribunal Act, 2010.
Signature(s)
Place…………………….
Dated…………………….
Explanation:
(1) In case the notice is given
in the name of a Company, documentary evidence authorising the persons to sign
the notice on behalf of the company shall be enclosed to this notice.
Company for this purpose
means a company defined in explanation to Section 27(1) of the Act.
(2) Here give the name and
address of the alleged offender. In case of a
manufacturing/processing/operation unit, indicate the name/location/nature of
activity, etc.
(3) Documentary evidence shall
include photograph/technical reports/health report of the area, etc. for
enabling enquiry into the alleged violation/offence.
Form VI
[See Rule 29]
Before the National Green
Tribunal Sitting at…………………….
Application/Appeal
No………….of ……………
|
……………………………………………………….
|
Applicant(s)/Appellant(s)
|
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Versus
|
|
………………………………………………………..
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Respondent(s)
|
Application for Inspection
of Documents/Records
I hereby apply for grant of
permission to inspect the documents/records in the above case. The details are
as follows.
(1) Name and address of the
person seeking inspection:
(2) Whether he is a party to the
case/his legal practitioner:
(3) Details of the
papers/documents sought to be inspected:
(4) Reasons for seeking the
inspection:
(5) The date and duration of
the inspection sought:
(6) Whether any fee is payable
and if so, the mode of payments:
Place:
Date:
Applicant
Office use:
Granted/Rejected inspection
for……………..hours on…………………..
Registrar
Ins.
by G.S.R. 1473(E), dated 1-12-2017 (w.e.f. 1-12-2017).