Section 44 in The Nalanda University Act, 2010

Title: Repeal of University of Nalanda Act

Description: (1) The University of Nalanda Act, 2007 (Bihar Act 18 of 2007) is hereby repealed. (2) Notwithstanding such repeal,-- (a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the University of Nalanda Act, 2007 (Bihar Act 18 of 2007), shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act and, except as otherwise provided by or under this Act or the Statutes, continue in force unless and until they are superseded by any order made under this Act or the Statutes; and (b) all proceedings of Selection Committees for the appointment or promotion of teachers that took place before the commencement of this Act and all actions of the Governing Body in respect of the recommendations of such Selection Committees where no orders of appointment on the basis thereof were passed before the commencement of this Act shall, notwithstanding that the procedure for selection has been modified by this Act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this Act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take, with the approval of the Visitor, a decision to the contrary.

Title: Short title and commencement.

Description: (1) This Act may be called the National Green Tribunal Act, 2010. (2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint. 1 18th October, 2010, vide notification No. S.O 2569(E), dated 18th October, 2010, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

Title: Definitions

Description: (1) In this Act, unless the context otherwise requires,-- (a) "accident" means an accident involving a fortuitous or sudden or unintended occurrence while handling any hazardous substance or equipment, or plant, or vehicle resulting in continuous or intermittent or repeated exposure to death, of, or, injury to, any person or damage to any property or environment but does not include an accident by reason only of war or civil disturbance; (b) "Chairperson" means the Chairperson of the National Green Tribunal; (c) "environment" includes water, air and land and the inter-relationship, which exists among and between water, air and land and human beings, other living creatures, plants, micro-organism and property; (d) "Expert Member" means a member of the Tribunal who, is appointed as such, and holds qualifications specified in sub-section (2) of section 5, and, is not a Judicial Member; (e) "handling", in relation to any hazardous substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such hazardous substance; (f) "hazardous substance" means any substance or preparation which is defined as hazardous substance in the Environment (Protection) Act, 1986 (29 of 1986), and exceeding such quantity as specified or may be specified by the Central Government under the Public Liability Insurance Act, 1991 (6 of 1991); (g) "injury" includes permanent, partial or total disablement or sickness resulting out of an accident; (h) "Judicial Member" means a member of the Tribunal who is qualified to be appointed as such under sub-section (1) of section 5 and includes the Chairperson; (i) "notification" means a notification published in the Official Gazette; (j) "person" includes— (i) an individual, (ii) a Hindu undivided family, (iii) a company, (iv) a firm, (v) an association of persons or a body of individuals, whether incorporated or not, (vi) trustee of a trust, (vii) a local authority, and (viii) every artificial juridical person, not falling within any of the preceding sub-clauses; (k) "prescribed" means prescribed by rules made under this Act; (l) "Schedule" means Schedules I, II and III appended to this Act; (m) "substantial question relating to environment' shall include an instance where,-- (i) there is a direct violation of a specific statutory environmental obligation by a person by which,-- (A) the community at large other than an individual or group of individuals is affected or likely to be affected by the environmental consequences; or (B) the gravity of damage to the environment or property is substantial; or (C) the damage to public health is broadly measurable; (ii) the environmental consequences relate to a specific activity or a point source of pollution; (n) "Tribunal" means the National Green Tribunal established under section 3; (o) "workman" has the meaning assigned to it in the Workmen's Compensation Act, 1923 (8 of 1923). (2) The words and expressions used in this Act but not defined herein and defined in the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the Water (Prevention and Control of Pollution) Cess Act, 1977 (36 of 1977), the Forest (Conservation) Act, 1980 (69 of 1980), the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), the Environment (Protection) Act, 1986 (29 of 1986), the Public Liability Insurance Act, 1991 (6 of 1991) and the Biological Diversity Act, 2002 (18 of 2003) and other Acts relating to environment shall have the meaning, respectively, assigned to them in those Acts.

Title: Establishment of Tribunal.

Description: The Central Government shall, by notification, establish, with effect from such date as may be specified therein, a Tribunal to be known as the National Green Tribunal to exercise the jurisdiction, powers and authority conferred on such Tribunal by or under this Act.

Title: Composition of Tribunal.

Description: (1) The Tribunal shall consist of— (a) a full time Chairperson; (b) not less than ten but subject to maximum of twenty full time Judicial Members as the Central Government may, from time to time, notify; (c) not less than ten but subject to maximum of twenty full time Expert Members, as the Central Government may, from time to time, notify. (2) The Chairperson of the Tribunal may, if considered necessary, invite any one or more person having specialised knowledge and experience in a particular case before the Tribunal to assist the Tribunal in that case. (3) The Central Government may, by notification, specify the ordinary place or places of sitting of the Tribunal, and the territorial jurisdiction falling under each such place of sitting. (4) The Central Government may, in consultation with the Chairperson of the Tribunal, make rules regulating generally the practices and procedure of the Tribunal including— (a) the rules as to the persons who shall be entitled to appear before the Tribunal; (b) the rules as to the procedure for hearing applications and appeals and other matters [including the circuit procedure for hearing at a place other than the ordinary place of its sitting falling within the jurisdiction referred to in sub-section (3)], pertaining to the applications and appeals; (c) the minimum number of Members who shall hear the applications and appeals in respect of any class or classes of applications and appeals: Provided that the number of Expert Members shall, in hearing an application or appeal, be equal to the number of Judicial Members hearing such application or appeal; (d) rules relating to transfer of cases by the Chairperson from one place of sitting (including the ordinary place of sitting) to other place of sitting.

The Nalanda University Act, 2010