Section 13 NGT Act 2010: Financial and Administrative Powers of Chairperson
Section 13 of the National Green Tribunal Act, 2010 governs the financial and administrative powers of the Chairperson of the National Green Tribunal and permits specified powers to be delegated to a Judicial Member, Expert Member or officer of the Tribunal subject to continuing direction, control and supervision.
What is Section 13 of the National Green Tribunal Act?
Section 13 is titled "Financial and administrative powers of Chairperson." The provision does not itself enumerate every individual financial or administrative power. Instead, it authorises the Chairperson to exercise the powers vested in the office under rules made by the Central Government.
Section 13: Statutory provision
The Chairperson of the Tribunal shall exercise such financial and administrative powers as may be vested in the Chairperson under rules made by the Central Government.
The proviso permits the Chairperson to delegate such financial and administrative powers as considered appropriate to any Judicial Member, Expert Member or officer of the Tribunal. A person exercising delegated power remains subject to the direction, control and supervision of the Chairperson.
Meaning of financial and administrative powers
For Section 13, the scope of the Chairperson's authority is determined by the NGT Act together with rules made by the Central Government and applicable government instructions. The provision creates the statutory foundation, while the rules identify how those powers are to operate in practice.
National Green Tribunal Financial and Administrative Powers Rules 2011
The National Green Tribunal (Financial and Administrative Powers) Rules, 2011 were notified by the Central Government on 4 April 2011. They were made in exercise of the power conferred by Section 13 read with Section 35(2)(i) of the National Green Tribunal Act, 2010.
| Rule | Subject | Effect |
|---|---|---|
| Rule 1 | Short title and commencement | Names the rules and provides for commencement from publication in the Official Gazette. |
| Rule 2 | Definitions | Defines the Act, Chairperson and Tribunal for the purposes of the rules. |
| Rule 3 | Posting or transfer of a Member | Empowers the Chairperson to post a Member at an ordinary place of sitting and, depending on contingency, transfer a Member between ordinary places of sitting by a speaking order. |
| Rule 4 | Financial and administrative powers | Confers Head of Department-type authority under the government financial and service-rule framework identified in the rule, subject to government instructions and required concurrence where a matter is outside the Chairperson's competence. |
Rule 3: Posting and transfer of Members
Rule 3 authorises the Chairperson to post a Member at a particular ordinary place of sitting of the Tribunal. It also permits transfer of a Member from one ordinary place of sitting to another depending on the contingency. A transfer under the rule is to be made by a speaking order, meaning an order that records reasons rather than merely announcing the result.
Rule 4: Financial and administrative authority
Rule 4 provides that the Chairperson has the same powers as are conferred on a Head of Department of the Central Government in respect of the government financial and service rules identified in that rule. The rule also makes the exercise of financial powers subject to procedural or other instructions issued by the Government from time to time.
Where a matter is not within the competence of the Chairperson, Rule 4 requires the necessary concurrence of the Ministry of Finance or other competent authority to be obtained through the administrative Ministry. Accordingly, Section 13 should not be read as conferring unlimited financial authority.
Delegation of powers under Section 13
The proviso to Section 13 expressly permits delegation. The Chairperson may delegate financial or administrative powers considered appropriate to:
| Person to whom power may be delegated | Statutory condition |
|---|---|
| Judicial Member | The delegated power must continue to be exercised under the direction, control and supervision of the Chairperson. |
| Expert Member | |
| Officer of the Tribunal |
Does delegation transfer the Chairperson's supervisory responsibility?
No. Section 13 expressly preserves the Chairperson's direction, control and supervision over the exercise of delegated powers. Delegation therefore authorises another eligible person to exercise the delegated function but does not convert that function into an independent statutory power free from the Chairperson's supervision.
Section 13 and Section 12 of the NGT Act
Section 12 deals with the staff of the Tribunal. It provides, among other matters, that Tribunal officers and employees discharge their functions under the general superintendence of the Chairperson. Section 13 complements that arrangement by governing the Chairperson's financial and administrative powers and the statutory ability to delegate appropriate powers.
Section 35 rule-making power
Section 35 authorises the Central Government to make rules for carrying out the provisions of the NGT Act. Section 35(2)(i) specifically contemplates rules concerning the financial and administrative powers to be exercised by the Chairperson under Section 13. The 2011 Rules are the subordinate legislation made for this purpose.
Practical effect of Section 13
Section 13 supports the institutional administration of the Tribunal. Its operation covers matters entrusted by the applicable rules to the Chairperson and permits structured delegation where appropriate. For a specific financial sanction, administrative order, posting, transfer or delegated authority, the relevant rule, government instruction and current NGT order should be checked before determining the exact competence of the decision-maker.
Related provisions of the National Green Tribunal Act
Section 13 may be read with Section 11 on an acting Chairperson, Section 12 on Tribunal staff, Section 14 on environmental disputes, and Section 19 on procedure and powers of the Tribunal.
For a current administrative or financial matter, verify the latest official rules, government instructions, delegation orders and NGT administrative orders applicable to the particular decision.