Section 1. Short title and commencement

CHAPTER I PRELIMINARY 1. Short title and commencement.— (1) This Act may be called the National Green Tribunal Act, 2010. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. 1. 18th October, 2010, vide notification No. S.O 2569(E), dated 18th October, 2010, see Gazette of India, Extraordinary, Part II, sec. 3(ii). (f) "hazardous substance" means any substance or preparation which is defined as hazardous substance in the Environment (Protection) Act, 1986 (29 of 1986), and exceeding such quantity as specified or may be specified by the Central Government under the Public Liability Insurance Act, 1991 (6 of 1991); (g) "injury" includes permanent, partial or total disablement or sickness resulting out of an accident; (h) "Judicial Member" means a member of the Tribunal who is qualified to be appointed as such under sub-section (1) of section 5 and includes the Chairperson; (i) "notification" means a notification published in the Official Gazette; (j) "person" includes — (i) an individual, (ii) a Hindu undivided family, (iii) a company, (iv) a firm, (v) an association of persons or a body of individuals, whether incorporated or not, (vi) trustee of a trust, (vii) a local authority, and (viii) every artificial juridical person, not falling within any of the preceding sub-clauses; (k) "prescribed" means prescribed by rules made under this Act; (l) "Schedule" means Schedules I, II and III appended to this Act; (m) "substantial question relating to environment" shall include an instance where, — (i) there is a direct violation of a specific statutory environmental obligation by a person by which, — (A) the community at large other than an individual or group of individuals is affected or likely to be affected by the environmental consequences; or - (B) the gravity of damage to the environment or property is substantial; or (C) the damage to public health is broadly measurable; (ii) the environmental consequences relate to a specific activity or a point source of pollution; (n) "Tribunal" means the National Green Tribunal established under section 3; - (o) "workman" has the meaning assigned to it in the Workmen's Compensation Act, 1923 (8 of 1923). (2) The words and expressions used in this Act but not defined herein and defined in the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the Water (Prevention and Control of Pollution) Cess Act, 1977 (36 of 1977), the Forest (Conservation) Act, 1980 (69 of 1980), the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), the Environment (Protection) Act, 1986 (29 of 1986), the Public Liability Insurance Act, 1991 (6 of 1991) and the Biological Diversity Act, 2002 (18 of 2003) and other Acts relating to environment shall have the meaning, respectively, assigned to them in those Acts. 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 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.".