Section 19 of National Green Tribunal Act 2010 - Procedure and Powers of Tribunal
Section 19 of the National Green Tribunal Act, 2010 lays down the procedure followed by the National Green Tribunal and specifies its principal procedural powers. The NGT is not bound by the procedure in the Code of Civil Procedure, 1908, but it must be guided by the principles of natural justice.
Updated legal overview: October 2026
Meaning and scope of Section 19
Section 19 gives the Tribunal procedural flexibility while preserving fairness. It allows the NGT to regulate its own procedure, frees it from strict application of the Code of Civil Procedure and statutory rules of evidence specified in the section, and gives it important powers comparable to those of a civil court for matters such as summoning witnesses, production of documents, affidavits, review, interim relief and setting aside ex parte or default orders.
The provision should be read with the National Green Tribunal Act, 2010, the applicable NGT Practice and Procedure Rules and other rules governing proceedings before the Tribunal.
Section 19 - Procedure and powers of Tribunal
(1) The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice.
(2) Subject to the provisions of this Act, the Tribunal shall have power to regulate its own procedure.
(3) The Tribunal shall also not be bound by the rules of evidence contained in the Indian Evidence Act, 1872 (1 of 1872).
(4) The Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters:
- (a) summoning and enforcing the attendance of any person and examining him on oath;
- (b) requiring the discovery and production of documents;
- (c) receiving evidence on affidavits;
- (d) subject to sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or copy thereof from any office;
- (e) issuing commissions for examination of witnesses or documents;
- (f) reviewing its decision;
- (g) dismissing an application for default or deciding it ex parte;
- (h) setting aside an order dismissing an application for default or an order passed ex parte;
- (i) passing an interim order, including an injunction or stay, after providing the parties concerned an opportunity to be heard, on an application or appeal under the Act;
- (j) requiring a person to cease and desist from committing or causing a violation of an enactment specified in Schedule I; and
- (k) any other matter which may be prescribed.
(5) Proceedings before the Tribunal are deemed judicial proceedings for the purposes specified in Section 19(5), and the Tribunal is deemed to be a civil court for the procedural purposes stated in that sub-section.
Current-law note: The enacted text of Section 19 still contains references to the Indian Evidence Act, 1872, the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973. Those enactments were replaced generally from 1 July 2024 by the Bharatiya Sakshya Adhiniyam, 2023, Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023. The statutory wording of Section 19 should therefore be checked with the latest official India Code text and applicable savings, adaptation or amendment provisions when the precise cross-reference is material to a proceeding.
Natural justice under Section 19(1)
The expression principles of natural justice broadly requires a fair procedure. Depending on the case, this ordinarily includes a meaningful opportunity to know and answer material relied upon, an opportunity of hearing, absence of bias and a reasoned decision. Section 19(1) therefore gives the NGT procedural flexibility without dispensing with procedural fairness.
Power to regulate procedure under Section 19(2)
The Tribunal may regulate its own procedure subject to the NGT Act. This flexibility is intended to support effective environmental adjudication, but it operates within the Act, applicable rules, binding judicial decisions and the requirements of natural justice.
Rules of evidence under Section 19(3)
Section 19(3) states that the Tribunal is not bound by the rules of evidence contained in the Indian Evidence Act, 1872. This does not mean that evidence can be accepted arbitrarily. Material relied upon must still be considered through a fair process and assessed for relevance and reliability in the context of the proceeding.
Civil court powers under Section 19(4)
Although the NGT is not bound by the CPC procedure, Section 19(4) expressly gives it specified powers of a civil court. These include compelling attendance, ordering discovery and production of documents, receiving affidavits, requisitioning public records, issuing commissions, reviewing decisions, dealing with defaults and ex parte orders, granting interim relief and issuing cease-and-desist directions concerning enactments in Schedule I.
Interim orders, injunctions and stay
Under Section 19(4)(i), the Tribunal can pass an interim order, including an injunction or stay, on an application or appeal under the Act after providing the parties concerned an opportunity to be heard. Interim relief is procedural protection pending final adjudication and depends on the facts and legal requirements of the particular matter.
Judicial proceedings under Section 19(5)
Section 19(5) gives NGT proceedings the statutory character of judicial proceedings for the purposes identified in that provision and treats the Tribunal as a civil court for the specified procedural purposes. This reinforces the formal judicial character of proceedings even though the Tribunal follows a flexible procedure under Section 19(1) to (3).
Related provisions of the NGT Act
Section 19 is closely connected with Section 14 - Tribunal to settle disputes, Section 15 - Relief, compensation and restitution, Section 16 - Appellate jurisdiction, Section 18 - Application or appeal to Tribunal and Section 20 - Environmental principles applied by Tribunal.