Section 2 of the National Green Tribunal Act, 2010 - Definitions
Section 2 of the National Green Tribunal Act, 2010 defines important expressions used throughout the Act. These definitions determine the meaning of terms such as accident, environment, hazardous substance, injury, person, substantial question relating to environment and Tribunal when applying the NGT Act.
Definitions under Section 2(1)
Section 2(1)(a) - Accident
"Accident" means an accident involving a fortuitous, sudden or unintended occurrence while handling any hazardous substance or equipment, plant or vehicle, resulting in continuous, intermittent or repeated exposure to death of, or injury to, any person or damage to property or the environment. It does not include an accident by reason only of war or civil disturbance.
Section 2(1)(b) - Chairperson
"Chairperson" means the Chairperson of the National Green Tribunal.
Section 2(1)(c) - Environment
"Environment" includes water, air and land and the inter-relationship that exists among and between water, air and land and human beings, other living creatures, plants, micro-organisms and property.
Section 2(1)(d) - Expert Member
"Expert Member" means a member of the Tribunal who is appointed as such, holds the qualifications specified in section 5(2), and is not a Judicial Member.
Section 2(1)(e) - Handling
"Handling", in relation to a hazardous substance, includes manufacture, processing, treatment, packaging, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or similar dealings with the hazardous substance.
Section 2(1)(f) - Hazardous substance
"Hazardous substance" means a substance or preparation defined as a hazardous substance in the Environment (Protection) Act, 1986 and exceeding the quantity specified or that may be specified by the Central Government under the Public Liability Insurance Act, 1991.
Section 2(1)(g) - Injury
"Injury" includes permanent, partial or total disablement or sickness resulting from an accident.
Section 2(1)(h) - Judicial Member
"Judicial Member" means a member of the Tribunal qualified to be appointed as such under section 5(1) and includes the Chairperson.
Section 2(1)(i) - Notification
"Notification" means a notification published in the Official Gazette.
Section 2(1)(j) - Person
"Person" includes:
- an individual;
- a Hindu undivided family;
- a company;
- a firm;
- an association of persons or a body of individuals, whether incorporated or not;
- a trustee of a trust;
- a local authority; and
- every artificial juridical person not falling within the preceding categories.
Section 2(1)(k) - Prescribed
"Prescribed" means prescribed by rules made under the National Green Tribunal Act, 2010.
Section 2(1)(l) - Schedule
"Schedule" means Schedules I, II and III appended to the Act.
Section 2(1)(m) - Substantial question relating to environment
"Substantial question relating to environment" includes an instance where there is a direct violation of a specific statutory environmental obligation by a person and:
- the community at large, other than an individual or group of individuals, is affected or is likely to be affected by the environmental consequences; or
- the gravity of damage to the environment or property is substantial; or
- the damage to public health is broadly measurable.
It also includes a case where the environmental consequences relate to a specific activity or a point source of pollution.
Section 2(1)(n) - Tribunal
"Tribunal" means the National Green Tribunal established under section 3 of the Act.
Section 2(1)(o) - Workman
"Workman" has the meaning assigned to it in the Workmen's Compensation Act, 1923. The 1923 enactment is presently titled the Employees' Compensation Act, 1923; the wording of section 2 of the NGT Act should be read with applicable legislative amendments and the current text of the referenced enactment.
Section 2(2) - Expressions defined in environmental laws
Section 2(2) provides that words and expressions used in the NGT Act but not defined in it, and defined in the environmental enactments referred to by that provision and other Acts relating to the environment, have the meanings respectively assigned to them in those enactments.
The provision refers to legislation including the Water (Prevention and Control of Pollution) Act, 1974; the Water (Prevention and Control of Pollution) Cess Act, 1977; the Forest (Conservation) Act, 1980; the Air (Prevention and Control of Pollution) Act, 1981; the Environment (Protection) Act, 1986; the Public Liability Insurance Act, 1991; and the Biological Diversity Act, 2002. When applying this clause, subsequent amendments, repeals and changes in the titles of the referenced enactments should also be considered.
Why Section 2 is important
The definitions in section 2 affect the scope and application of substantive provisions of the NGT Act. In particular, the definition of a substantial question relating to environment is relevant to the Tribunal's original jurisdiction under section 14. The definitions of accident, hazardous substance and injury are also relevant when reading provisions concerning relief, compensation and liability, including section 15 and section 17.
This article presents section 2 in a reader-friendly form. For legal proceedings, refer to the authoritative statutory text, applicable amendments and current rules.