Section 35 and Section 36 of the National Green Tribunal Act, 2010

Section 35 authorises the Central Government to make rules by notification in the Official Gazette for carrying out the National Green Tribunal Act, 2010 and identifies matters for which rules may specifically be made. Section 36 provides for amendment of the enactments specified in Schedule III in the manner stated in that Schedule.

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Section 35 - Power to make rules

Section 35(1): The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of the National Green Tribunal Act, 2010.

Section 35 is the principal rule-making provision of the NGT Act. Sub-section (1) confers the general delegated legislative power. Sub-section (2) then specifies particular subjects on which rules may be made, without limiting the general power in sub-section (1).

Matters for which rules may be made under Section 35(2)

Section 35(2) states that, without prejudice to the general rule-making power, rules may provide for all or any of the following matters:

  1. persons entitled to appear before the Tribunal under Section 4(4)(a);
  2. procedure for hearing applications and appeals and related matters under Section 4(4)(b);
  3. minimum number of Members to hear specified classes of applications and appeals under Section 4(4)(c);
  4. transfer of cases by the Chairperson from one place of sitting, including the ordinary place of sitting, to another place of sitting;
  5. the selection committee and manner of appointment of Judicial Members and Expert Members under Section 6(3);
  6. salaries, allowances and other terms and conditions of service, including pension, gratuity and other retirement benefits, of the Chairperson, Judicial Members and Expert Members under Section 9;
  7. procedure for inquiry into charges against the Chairperson or a Judicial Member under Section 10(4);
  8. recruitment of officers and other employees under Section 12(2), and their salaries, allowances and other conditions of service under Section 12(4);
  9. financial and administrative powers exercisable by the Chairperson under Section 13;
  10. form and particulars of an application or appeal, accompanying documents and fees under Section 18(1);
  11. matters in respect of which the Tribunal is to have powers of a civil court under Section 19(4)(k);
  12. manner and purposes for which compensation or relief credited to the Environmental Relief Fund is to be utilised under Section 24(2);
  13. manner of giving notice to make a complaint under Section 30(1)(b); and
  14. any other matter required or permitted to be specified by rules, or for which provision is to be made by rules.
Current-law note: The statutory text of Section 35 continues to contain these rule-making heads. Some institutional service matters must also be read with later legislation and rules applicable to tribunal appointments and service conditions.

Section 35(3) - Parliamentary scrutiny of rules

Every rule made by the Central Government under the NGT Act must be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days. The period may be comprised in one session or in two or more successive sessions.

If both Houses agree, within the statutory period, to modify a rule or agree that the rule should not be made, the rule thereafter operates only in the modified form or ceases to have effect, as the case may be. Any modification or annulment is without prejudice to the validity of anything previously done under that rule.

This laying requirement subjects delegated legislation made under Section 35 to parliamentary control while preserving actions validly taken before a later modification or annulment.

Section 36 - Amendment of certain enactments

Statutory provision: The enactments specified in Schedule III to the National Green Tribunal Act, 2010 are amended in the manner specified in that Schedule, and those amendments take effect on the date of establishment of the Tribunal.

Section 36 is linked directly to Schedule III. Rather than setting out each consequential amendment in the body of Section 36, Parliament incorporated the amendments through the Schedule and provided the date on which they were to take effect.

Read Schedule III - Amendment to certain enactments.

Important rules made under Section 35

The rule-making power under Section 35 has been used for subordinate legislation governing the functioning of the Tribunal. An important example is the National Green Tribunal (Practices and Procedure) Rules, 2011, issued under Section 4(4) read with Section 35. These rules address procedural matters concerning applications, appeals and Tribunal practice.

Rules have also been issued concerning recruitment, salaries and other service conditions of officers and employees of the Tribunal. When relying on any rule for a current proceeding or service matter, the principal rules should be read together with applicable amendments and any later governing legislation.

Official legal resources

For the authoritative text of the Act, including Sections 35 and 36 and Schedule III, refer to the official India Code portal. For Tribunal information and institutional resources, refer to the official National Green Tribunal website. Notifications and rules administered by the environmental ministry may be checked on the official Ministry of Environment, Forest and Climate Change website.