Sections 8 and 9 NGT Act 2010: Resignation Salary Allowances and Service Conditions
Sections 8 and 9 of the National Green Tribunal Act, 2010 contain the original provisions concerning resignation and the salaries, allowances and other service conditions of the Chairperson, Judicial Members and Expert Members of the National Green Tribunal.
Section 8 of the NGT Act: Resignation
Section 8 is titled "Resignation." It states the original statutory method by which the Chairperson, Judicial Member or Expert Member may resign from office.
The Chairperson, Judicial Member and Expert Member of the Tribunal may, by notice in writing under their hand addressed to the Central Government, resign their office.
Meaning of Section 8: Under the original NGT Act framework, resignation is made through a written notice addressed to the Central Government. For persons whose service conditions are governed by the post-2021 framework, the Tribunals Reforms Act, 2021 and the applicable rules must also be considered.
Section 9 of the NGT Act: Salaries Allowances and Service Conditions
Section 9 is titled "Salaries, allowances and other terms and conditions of service." It contains the original rule concerning remuneration and service benefits of the Chairperson, Judicial Members and Expert Members.
The salaries and allowances payable to, and the other terms and conditions of service, including pension, gratuity and other retirement benefits, of the Chairperson, Judicial Member and Expert Member of the Tribunal shall be such as may be prescribed.
The proviso protects an appointee against disadvantageous variation after appointment by providing that neither the salary and allowances nor the other terms and conditions of service shall be varied to their disadvantage after appointment.
What does "terms and conditions of service" include?
Section 9 itself expressly refers to pension, gratuity and other retirement benefits. Under the current tribunal framework, detailed conditions of service are prescribed by the Central Government under the Tribunals Reforms Act, 2021 and the Tribunal (Conditions of Service) Rules, 2021. These rules address matters such as pay, pension adjustment, allowances, leave, accommodation, provident fund and other service-related matters applicable to covered tribunal office-holders.
Section 10A and the post-2021 legal framework
Section 10A is an overriding provision in the National Green Tribunal Act. It provides that, notwithstanding anything contained in the NGT Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the Chairperson, Judicial Member and Expert Member appointed after commencement of the Tribunals Reforms Act, 2021 are governed by Chapter II of that Act.
| Provision | Subject | Present relevance |
|---|---|---|
| Section 8, NGT Act, 2010 | Resignation | Contains the original NGT Act resignation provision. |
| Section 9, NGT Act, 2010 | Salary, allowances and service conditions | Contains the original service-condition rule and protection against disadvantageous variation. |
| Section 10A, NGT Act, 2010 | Overriding post-2021 framework | Applies Chapter II of the Tribunals Reforms Act, 2021 to specified appointments made after commencement of that Act. |
| Tribunals Reforms Act, 2021 | Conditions of service of tribunal Chairpersons and Members | Authorises the current statutory framework for appointment, salary, allowances, resignation, removal and other service conditions. |
| Tribunal (Conditions of Service) Rules, 2021 | Detailed service rules | Prescribes detailed conditions applicable to covered tribunals, subject to amendments in force. |
Resignation under the Tribunals Reforms Act, 2021
The Tribunals Reforms Act, 2021 empowers the Central Government to prescribe rules governing resignation and other conditions of service of the Chairperson and Members of tribunals covered by the Act. Therefore, a present-day resignation question should be examined under the applicable provisions of the 2021 Act and the Tribunal (Conditions of Service) Rules, 2021 rather than by relying only on the original text of Section 8.
Salary and allowances under the current framework
The current salary and service conditions of a covered tribunal office-holder are governed by the Tribunals Reforms Act, 2021 and the rules made under it. The Tribunal (Conditions of Service) Rules, 2021 prescribe the salary structure and other benefits for the Chairperson and Members and contain provisions dealing with situations such as receipt of pension from previous government service.
Because the applicable monetary amounts and service rules may be amended, the latest official version of the rules and the relevant appointment notification should be checked before relying on a salary figure for a current appointment.
Protection of service conditions
The original Section 9 contains an important safeguard: salary, allowances and other terms and conditions of service are not to be varied to the disadvantage of the Chairperson, Judicial Member or Expert Member after appointment. When considering a person appointed under a later statutory regime, the corresponding provisions of the Tribunals Reforms Act, 2021 and the applicable rules should also be examined.
Which legal regime applies?
The applicable regime can depend on the date and legal basis of appointment. Section 10A also contains a saving provision for specified persons appointed before commencement of Part XIV of Chapter VI of the Finance Act, 2017. Accordingly, the NGT Act, the Tribunals Reforms Act, applicable rules, transitional provisions and the individual appointment order may all be relevant to a particular office-holder.
Related provisions of the National Green Tribunal Act
Sections 8 and 9 should be read with Section 5 on qualifications, Section 6 on appointment, Section 7 on term of office, and Section 10 on removal and suspension.
For authoritative use, verify the latest official legislation, rules, amendments and the appointment order applicable to the office-holder concerned.