15. Bar of jurisdiction.—With effect from the date of establishment of the Authority, no civil court
or other authority shall have jurisdiction to entertain any appeal in respect of any matter with which the
Authority is so empowered by or under this Act.
16. Proceedings before the Authority to be judicial proceedings.—All proceedings before the
Authority shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of
the Indian Penal Code (45 of 1860).
17. Members and staff of Authority to be public servants.—The Chairperson, the
Vice-Chairperson and the Members and the officers and other employees of the Authority shall be
deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
18. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall
lie against the Central Government or against the Chairperson, the Vice-Chairperson or a Member of the
Authority or any other person authorised by the Chairperson, the Vice-Chairperson or a Member for
anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order
made thereunder.
19. Penalty for failure to comply with orders of Authority.—Whoever fails to comply with any
order made by the Authority, he shall be punishable with imprisonment for a term which may extend to
seven years, or with fine which may extend to one lakh rupees, or with both.
20. Offences by companies.—(1) Where any offence under this Act has been committed by a
company, every person who, at the time the offence was committed, was directly in charge of, and was
responsible to, the company for the conduct of the business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Act, if he proves that the offence was committed without his knowledge or
that he has exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty
of that offence and shall beliable to be proceeded against and punished accordingly.
6
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, means a partner in the firm.
21. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the Provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing
the difficulty:
Provided that no such order shall be made after the expiry of the period of three years from the date
on which this Act receives the assent of the President.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each
House of Parliament.
22. Power to make rules.—(1) The Central Government may, by notification, make rules for
carrying out the provisions 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 procedure under sub-section (4) of section 8 for the investigation of misbehaviour or
incapacity of the Chairperson, the Vice-Chairperson or a Member;
(b) the salaries and allowances payable to and the other terms and conditions of service of the
Chairperson, the Vice-Chairperson and the Members under section 9;
(c) the form which an appeal shall contain under sub-section(1) of section 11;
(d) financial and administrative powers of the Chairperson under section 13;
(e) the salaries and allowances and conditions of service of the officers and other employees of
the Authority;
(f) 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, while 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 rule.
23. Repeal and saving.—(1) The National Environment Appellate Authority Ordinance,
1997 (Ord. 12 of 1997) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be
deemed to have been done or taken under the corresponding provisions of this Act.