NATIONAL GREEN TRIBUNAL (REMOVAL OF DIFFICULTIES) ORDER, 2010

 

PREAMBLE

Whereas the National Green Tribunal Act, 2010 (19 of 2010) (hereafter referred to as the NGT Act, 2010) has come into force on the 18th day of October, 2010 vide notification of the Government of India in the Ministry of Environment and Forest No. S.O. 2569 (E), dated the 18th October, 2010 which, inter alia, provide for,-

(a)      repeal of the National Environment Appellate Authority Act 1997 (22 of 1997) (hereinafter referred to as the repealed Act);

(b)      dissolution of the National Environment Appellate Authority established under sub-section (1) of section 3 of the repealed Act;

(c)      establishment of the National Green Tribunal under section 3 of the NGT Act, 2010;

(d)      transfer of all cases to the National Green Tribunal from the National Environment Appellate Authority established under the repealed Act;

2. AND WHEREAS sub-section (1) of section 4 of the NGT Act, 2010, provides for the composition of the National Green Tribunal which shall consist of a Chairperson and such number of Judicial and Expert Members, as are specified in the said section;

3. AND WHEREAS the Central Government has appointed a Chairperson (who is a Judicial Member also) of the National Green Tribunal who has assumed the charge and the Central Government has also initiated measures for filling up the posts of Members in accordance with the provisions of the National Green Tribunal Act, 2010 which is likely to take some time;

4. AND WHEREAS proviso to clause (c) of sub-section (4) of section 4 of the NGT Act, 2010 provides that the number of Expert Members shall in hearing an application or appeal be equal to the number of Judicial Members hearing such applications or appeals;

5. AND WHEREAS the National Green Tribunal cannot hear applications or appeals unless equal number of Judicial and Expert Members are appointed as required to hear the applications or appeals in view of the provisions mentioned in the proceeding paragraph;

6. AND WHEREAS in the absence of an Expert Member, to be appointed in terms of clause (c) sub- section (4) of section 4 of the NGT Act, 2010, a difficulty has arisen in giving effect to the provisions of the NGT Act, 2010 for hearing the applications and appeals by the National Green Tribunal;

7. AND WHEREAS the Learned Additional Solicitor General, in the Union of India Vs. Vimal Bhai and Others in SLP No. 12065/2009, on the 6th December, 2010 has submitted before the Hon'ble Supreme Court that the difficulties in the functioning of the National Green Tribunal can be resolved by the Central Government on an ad hoc basis by exercising power under sub-section (1) of section 37 of the NGT Act, 2010;

8. AND WHEREAS the Hon'ble Supreme Court in its Order dated the 6th day of December, 2010 in the SLP referred to in the preceding paragraph has observed that it will be open to the Central Government to take appropriate action under sub-section (1) of section 37 of the NGT Act, 2010;

9. AND WHEREAS the Central Government has decided to remove the difficulty mentioned in paragraph 6 above by making an interim arrangement by way of filling up of a post of Expert Member on ad hoc basis, in view of the provisions contained in the proviso to clause (c) of sub-section (4) of section 4 of the NGT Act, 2010, till the regular Members are appointed under the said Act;

NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of section 37 of the National Green Tribunal Act, 2010, (19 of 2010) the Central Government hereby makes the following Order, namely:

Order - 1. Short title and commencement.

(1)     This Order may be called the National Green Tribunal (Removal of Difficulties) Order, 2010.

(2)     It shall come into force on the date of its publication in the Official Gazette.

Order - 2. Appointment of Expert Member of the Tribunal on ad hoc basis.

The Central Government may appoint a person, possessing the qualifications specified in section 5 of the National Green Tribunal Act, 2010 (19 of 2010) to act as Expert Member on an ad hoc basis for a period not exceeding six months to exercise the powers and perform the functions of an Expert Member of the National Green Tribunal or until an Expert Member has been appointed in accordance with the provisions of the National Green Tribunal Act, 2010, whichever is earlier.