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Union of India - Section

Section 31 in The National Environment Tribunal Act, 1995

31. Power to make rules.—

(1)The Central Government may, by notification, make rules for carrying out the purposes of this Act.
(2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a)the particulars which an application shall contain, the documents and the fee which shall be accompanied with it and the limit of annual income of a person so as to ennoble him to make application without paying any fee, under sub-section (5) of section 4;
(b)any such matter in respect of which the Tribunal shall have powers of a civil court, under clause (i) of sub-section (4) of section 5;
(c)the case or cases which, having regard to the nature of the questions involved, requires or require to be decided by a Bench of more than two members, under clause (d) of sub-section (3) of section 9;
(d)procedure for the investigation of misbehaviour or incapacity of the Chairperson, Vice-Chairperson or other Member of the Tribunal under sub-section (3) of section 13;
(e)the salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson, Vice-Chairperson and other Members under section 14;
(f)financial and administrative powers of the Chairperson over the Benches under section 16;
(g)the salaries and allowances and conditions of service of the officers and other employes of the Tribunal under sub-section (3) of section 17;
(h)the person or the authority by whom, the manner in which and the purposes of environment for which the amount of compensation credited to the Environmental Relief Fund shall be utilised under sub-section (2) of section 22; and
(i)any other matter which is required to be, or may be, prescribed.
(3)Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, which it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rules.THE NATIONAL ENVIRONMENT TRIBUNAL ACT, 1995THE SCHEDULE [See Section 3 (1)]HEADS UNDER WHICH COMPENSATION FOR DAMAGES MAY BE CLAIMED
(a)Death;
(b)Permanent, temporary, total or partial disability or other injury or sickness;
(c)Loss of wages due to total or partial disability or permanent or temporary disability;
(d)Medical expenses incurred for treatment of injuries or sickness;
(e)Damages to private property; tc"
(f)Expenses incurred by the Government or any local authority in providing relief, aid and rehabilitation to the affected persons;
(g)Expenses incurred by Government for any administrative or legal action or to cope with any harm or damage, including compensation for environmental degradation and restoration of the quality of environment;
(h)Loss to Government or local authority arising out of, or connected with, the activity causing any damage;
(i)Claims on account of any harm, damage or destruction to the fauna including milch and draught animals and aquatic fauna;
(j)Claims on account of any harm, damage or destruction to flora including aquatic flora, crops, vegetables, trees and orchards; tc"
(k)Claims including cost of restoration on account of any harm or damage to environment including pollution of soil, air, water, land and eco-systems;
(l)Loss and destruction of any property other than private property;
(m)Loss of business or employment or both; tc"
(n)Any other claim arising out of, or connected with, any activity of handling of hazardous substance. tc".