The National Green Tribunal Act, 2010
38. Repeal and
savings. –
1.
The
National Environment Tribunal Act, 1995 and the National Environment Appellate
Authority Act, 1997 are hereby repealed (hereinafter referred to as the
repealed Act).
2.
Notwithstanding
such repeal, anything done or any action taken under the said Acts shall be
deemed to have been done or taken under the corresponding provisions of this
Act.
3.
The
National Environment Appellate Authority established under sub-section (1) of
section 3 of the National Environment Appellate Authority Act, 1997, shall, on
the establishment of the National Green Tribunal under the National Green
Tribunal Act, 2010, stand dissolved.
4.
On
the dissolution of the National Environment Appellate Authority established
under sub-section (1) of section 3 of the National Environment Appellate
Authority Act, 1997, the persons appointed as the Chairperson, Vice-chairperson
and every other person appointed as Member of the said National Environment
Appellate Authority and holding office as such immediately before the establishment
of the National Green Tribunal under the National Green Tribunal Act, 2010,
shall vacate their respective offices and no such Chairperson, Vice-chairperson
and every other person appointed as Member shall be entitled to claim any
compensation for the premature termination of the term of his office or of any
contract of service.
5.
All
cases pending before the National Environment Appellate Authority established
under sub-section (1) of section 3 of the National Environment Appellate
Authority Act, 1997 on or before the establishment of the National Green
Tribunal under the National Green Tribunal Act, 2010, shall, on such
establishment, stand transferred to the said National Green Tribunal and the
National Green Tribunal shall dispose of such cases as if they were cases filed
under that Act.
6.
The
officers or other employees who have been, immediately before the dissolution
of the National Environment Appellate Authority appointed on deputation basis
to the National Environment Appellate Authority, shall, on such dissolution,
stand reverted to their parent cadre, Ministry or Department, as the case may
be.
7.
On
the dissolution of the National Environment Appellate Authority, the officers
and other employees appointed on contract basis under the National Environment
Appellate Authority and holding office as such immediately before such
dissolution, shall vacate their respective offices and such officers and other
employees shall be entitled to claim compensation for three months' pay and
allowances or pay and allowances for the remaining period of service, whichever
is less, for the premature termination of term of their office under their
contract of service.
8.
The
mention of the particular matters referred to in sub-sections (2) to (7) shall
not be held to prejudice or affect the general application of section 6 of the
General Clauses Act, 1897 with regard to the effect of repeal.