Schedule I of the National Green Tribunal Act, 2010

Schedule I of the National Green Tribunal Act, 2010 identifies the environmental enactments connected with the statutory jurisdiction of the National Green Tribunal. The Schedule is referred to in sections 14(1), 15(1), 17(1)(a), 17(2), 19(4)(j) and 34(1) of the Act.

Enactments listed in Schedule I

1. The Water (Prevention and Control of Pollution) Act, 1974. This legislation provides the statutory framework for prevention and control of water pollution and for maintaining or restoring the wholesomeness of water.
2. The Water (Prevention and Control of Pollution) Cess Act, 1977. This enactment appears in Schedule I as enacted. It was subsequently repealed by the Taxation Laws (Amendment) Act, 2017, which should be kept in view while reading the Schedule.
3. The Forest (Conservation) Act, 1980. The enactment concerns conservation of forests and restrictions relating to dereservation or use of forest land for non-forest purposes. Its short title was changed by the 2023 amendment legislation to the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980.
4. The Air (Prevention and Control of Pollution) Act, 1981. It provides for prevention, control and abatement of air pollution and establishes the related statutory functions of pollution control boards.
5. The Environment (Protection) Act, 1986. This is a central environmental statute empowering the Central Government to take measures for protection and improvement of the environment and prevention, control and abatement of environmental pollution.
6. The Public Liability Insurance Act, 1991. It provides for public liability insurance and immediate relief to persons affected by accidents occurring while handling hazardous substances, subject to the provisions of that Act.
7. The Biological Diversity Act, 2002. It provides the legal framework for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of benefits arising from biological resources and associated knowledge.

Relevant provisions of the National Green Tribunal Act

Section 14 - Tribunal to settle disputes: Section 14 gives the Tribunal jurisdiction over civil cases where a substantial question relating to the environment, including enforcement of a legal right relating to the environment, is involved and the question arises out of implementation of an enactment specified in Schedule I.

Section 15 - Relief, compensation and restitution: Section 15 empowers the Tribunal, subject to the Act, to provide relief and compensation to victims of pollution and other environmental damage, restitution of property damaged and restitution of the environment.

Section 17 - Liability to pay relief or compensation: Section 17 addresses liability for relief or compensation where death, injury, property damage or environmental damage results from an accident or adverse impact of an activity, operation or process under an enactment specified in Schedule I, subject to the statutory requirements.

Section 19 - Procedure and powers: The Tribunal is not bound by the procedure laid down by the Code of Civil Procedure, 1908 and is guided by principles of natural justice. Section 19 also confers specified powers for deciding matters before it.

Section 34 - Power to amend Schedule I: Section 34 authorises the Central Government, by notification and subject to the procedure prescribed by the Act, to include another Act enacted by Parliament in Schedule I or omit an Act specified in that Schedule.

Current legal reading of Schedule I

Schedule I should be read together with the current text of the National Green Tribunal Act, 2010 and amendments affecting the enactments named in the Schedule. In particular, the Water (Prevention and Control of Pollution) Cess Act, 1977 has been repealed, while the Forest (Conservation) Act, 1980 has undergone amendments including a change in its short title. The statutory text and subsequent amendments should therefore be checked for the legal position applicable to a particular dispute.

Related provisions and schedules

For connected provisions, see sections 22 and 23 on appeal to the Supreme Court and costs, section 24 on deposit of amounts payable for environmental damage, and section 25 on execution of awards, orders and decisions.

This article is intended as a structured guide to Schedule I. For legal use, refer to the authoritative statutory text and applicable amendments.