Section 37 and Section 38 of the National Green Tribunal Act, 2010

Section 37 provided a limited power to the Central Government to remove difficulties arising in giving effect to the National Green Tribunal Act, 2010. Section 38 repealed the National Environment Tribunal Act, 1995 and the National Environment Appellate Authority Act, 1997 while preserving specified acts, proceedings, transfers and other consequences of repeal.

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Section 37 - Power to remove difficulties

Section 37(1): If any difficulty arises in giving effect to the provisions of the NGT Act, the Central Government may, by an order published in the Official Gazette, make provisions that are not inconsistent with the Act and that appear necessary for removing the difficulty.

The power under Section 37 is a transitional implementation power. It does not authorise an order inconsistent with the NGT Act. The express statutory condition is that any provision made through such an order must remain consistent with the Act itself.

Two-year limitation on the Section 37 power

The proviso to Section 37(1) states that no order for removing difficulties may be made after the expiry of two years from the commencement of the Act. The NGT Act came into force on 18 October 2010. Consequently, the statutory window for making a new order under Section 37 has expired.

Current relevance: Section 37 remains part of the enacted text, but its express two-year time limit means that it is not an ongoing power for issuing new removal-of-difficulty orders.

Section 37(2) - Laying before Parliament

Every order made under Section 37 is required to be laid, as soon as may be after it is made, before each House of Parliament.

Section 38 - Repeal and savings

Section 38(1): The National Environment Tribunal Act, 1995 (27 of 1995) and the National Environment Appellate Authority Act, 1997 (22 of 1997) were repealed by the National Green Tribunal Act, 2010.

The repeal provision was accompanied by detailed savings and transitional arrangements. These provisions preserved earlier actions where appropriate and regulated the transition from the National Environment Appellate Authority to the National Green Tribunal.

Section 38(2) to 38(7) - Savings and transitional provisions

  1. Earlier acts and actions: Anything done or any action taken under the repealed Acts is deemed to have been done or taken under the corresponding provisions of the NGT Act.
  2. Dissolution of the earlier Authority: The National Environment Appellate Authority established under Section 3(1) of the National Environment Appellate Authority Act, 1997 stood dissolved on establishment of the National Green Tribunal.
  3. Chairperson, Vice-Chairperson and Members: Persons holding those offices immediately before establishment of the NGT vacated their offices on dissolution of the earlier Authority. Section 38(4) states that they were not entitled to compensation for premature termination of their term of office or contract of service.
  4. Pending cases: Cases pending before the National Environment Appellate Authority on or before establishment of the NGT stood transferred to the National Green Tribunal. The NGT was required to dispose of those cases as if they had been filed under the NGT Act.
  5. Employees on deputation: Officers and other employees serving the former Authority on deputation immediately before its dissolution stood reverted to their parent cadre, Ministry or Department, as applicable.
  6. Contract employees: Officers and employees appointed on contract who held office immediately before dissolution vacated their offices. Section 38(7) provided compensation equal to three months' pay and allowances or pay and allowances for the remaining period of service, whichever was less, for premature termination under their contracts.

Section 38(8) and Section 6 of the General Clauses Act, 1897

Section 38(8) expressly provides that the specific matters mentioned in Section 38(2) to Section 38(7) do not prejudice or affect the general application of Section 6 of the General Clauses Act, 1897 regarding the effect of repeal.

Section 6 of the General Clauses Act contains general savings that ordinarily apply when a Central Act or Regulation is repealed, unless a different intention appears. Among other matters, it addresses the effect of repeal on the previous operation of the repealed enactment, accrued rights and liabilities, penalties incurred, and legal proceedings or remedies concerning such rights, liabilities or penalties.

This cross-reference is important because Section 38 does not treat its express transitional provisions as an exhaustive displacement of the general statutory consequences of repeal under Section 6.

Official legal resources

For the authoritative text of the National Green Tribunal Act, 2010 and the General Clauses Act, 1897, refer to the official India Code portal. For current Tribunal information, orders, judgments and institutional resources, refer to the official National Green Tribunal website. Environmental notifications and related official material may also be checked on the Ministry of Environment, Forest and Climate Change website.