National Environment Tribunal Act, 1995 (Act No. 27 of 1995). Country/Territory India Document type Legislation Date 1995 Source FAO, FAOLEX Original source WWW.Ceerindia.org Long titleAn Act to provide for strict liability for damages arising out of any accident occurring while handling any hazardous substance and for the establishment of a National Environment Tribunal for effective and expeditious disposal of cases arising from such accident, with a view to giving relief ad compensation for damages to persons, property and the environment and for matters connected therewith or incidental thereto. Subject Waste & hazardous substances Keyword Court/tribunal Dispute settlement Legal proceedings/administrative proceedings Hazardous substances Liability/compensation Offences/penalties Geographical area Asia, Asia and the Pacific, Indian Ocean, South Asian Seas, Southern Asia Abstract The Central Government shall, by notification, establish a Tribunal to be known as the National Environment Tribunal to exercise the jurisdiction, powers and authority conferred on it by or under this Act. Section 3 establishes the rule that if death of, or injury to any person (other than a workman) or damage to, any property environment results from an accident (as defined in this Act), the owner shall be liable to pay compensation for such death, injury or damage under all or any of the heads specified in the Schedule. In any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death injury or damage in respect of which the claim has been made was due to any wrongful act, neglect or default or any person. Application for claim for compensation may be made by persons specified in section 4. The Tribunal may, if it thinks fit take up the cases for claims for compensation at its own initiative. Where Tribunal does not reject the application summarily, the Tribunal may, after giving notice of the application to the owner and after giving the parties an opportunity of being heard, hold an inquiry into the claim of each of the claims and may make an award determining the amount of compensation. On and from the commencement of this Act, no court or other authority except the Tribunal shall have, or be entitled to exercise, any jurisdiction powers authority to entertain any application or action for any claim for compensation which may entertained or dealt with by the Tribunal (sect. 19). Appeal against decisions of the Tribunal shall be filed with the Supreme Court. Section 26 provides for liability of directors or owners of companies for offences committed under this Act. (31 sections and a Schedule) Full text English References - Legislation Repealed by National Green Tribunal Act, 2010 (Act No. 19 of 2010). Legislation | India | 2010 Keyword: Court/tribunal, Dispute settlement, Legal proceedings/administrative proceedings, Liability/compensation, Offences/penalties, Sustainable use Source: FAO, FAOLEX