Sections 1 and 2 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 1 of the National Green Tribunal Act, 2010 gives its title and says it comes into force on a date the Central Government appoints. Section 2 defines the terms used throughout, and the most important is "substantial question relating to environment", which decides which civil cases the Tribunal can hear. Section 2(2) also lets the Act borrow definitions from the environmental Acts it works with.
This article is current as amended up to the Tribunals Reforms Act, 2021. Sections 1 and 2 were not changed by that Act, which amended section 10A. Later amendments and notifications should be checked. If you are weighing an application or an appeal to the Tribunal, our legal dispute resolution team can help.
The Act came into force from 18 October 2010 by notification. The Tribunal's original jurisdiction depends on a "substantial question relating to environment", which includes a direct violation of a specific statutory environmental obligation that affects the community at large, causes substantial damage or damages public health in a broadly measurable way, together with consequences relating to a specific activity or point source of pollution. "Person" is wide and includes an individual, a Hindu undivided family, a company, a firm, an association, a trustee of a trust and a local authority.
Section 1: short title and commencement
Section 1(1). The Act may be called the National Green Tribunal Act, 2010.
Section 1(2). It "shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint". A footnote in the compiled text records that it became enforceable with effect from 18 October 2010 by S.O. 2569(E) dated 18 October 2010.
Section 2(1): the definitions
| Clause | Term | Meaning in the Act |
|---|---|---|
| (a) | Accident | 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 not an accident by reason only of war or civil disturbance |
| (b) | Chairperson | The Chairperson of the National Green Tribunal |
| (c) | Environment | Includes water, air and land and the inter-relationship among and between water, air and land and human beings, other living creatures, plants, micro-organism and property |
| (d) | Expert Member | A member appointed as such, holding the qualifications in section 5(2), and not a Judicial Member |
| (e) | Handling | Manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of a hazardous substance |
| (f) | Hazardous substance | A substance or preparation defined as hazardous in the Environment (Protection) Act, 1986, exceeding the quantity specified or that may be specified by the Central Government under the Public Liability Insurance Act, 1991 |
| (g) | Injury | Includes permanent, partial or total disablement or sickness resulting out of an accident |
| (h) | Judicial Member | A member qualified under section 5(1), including the Chairperson |
| (i) | Notification | 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) a trustee of a trust, (vii) a local authority, and (viii) every artificial juridical person not falling within the preceding sub-clauses |
| (k) | Prescribed | Prescribed by rules made under the Act |
| (l) | Schedule | Schedules I, II and III appended to the Act |
| (m) | Substantial question relating to environment | See below |
| (n) | Tribunal | The National Green Tribunal established under section 3 |
| (o) | Workman | Has the meaning in the Workmen's Compensation Act, 1923 |
The Workmen's Compensation Act, 1923 is named as printed; the Code on Social Security, 2020 has replaced it.
"Substantial question relating to environment": section 2(1)(m)
The definition says a 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.
Four features matter. It starts from a "direct violation of a specific statutory environmental obligation", so a general complaint about the environment does not qualify. Sub-clause (i) offers three alternatives, (A), (B) and (C). Sub-clause (ii) adds that the environmental consequences relate to a specific activity or a point source of pollution. And the word "include" means the definition is not stated to be exhaustive. How it operates for the Tribunal's jurisdiction is in section 14.
Section 2(2): borrowed definitions
Words used in the Act but not defined in it, and defined in the Water Act, 1974, the Water (Prevention and Control of Pollution) Cess Act, 1977, the Forest (Conservation) Act, 1980, the Air Act, 1981, the Environment (Protection) Act, 1986, the Public Liability Insurance Act, 1991, the Biological Diversity Act, 2002 and other Acts relating to environment "shall have the meaning, respectively, assigned to them in those Acts". The Water Cess Act, 1977 was repealed by the Taxation Laws (Amendment) Act, 2017.
A map of the Act
| Chapter | Sections | Subject |
|---|---|---|
| I | 1-2 | Preliminary |
| II | 3-13 | Establishment of the Tribunal: composition, members, staff |
| III | 14-25 | Jurisdiction, powers and proceedings, including appeals and execution |
| IV | 26-28 | Penalty: orders not complied with, companies, Government Departments |
| V | 29-38 | Miscellaneous: bar of jurisdiction, rules, repeal |
| Schedules | I, II, III | The Acts within the Tribunal's jurisdiction; heads of compensation; consequential amendments |
The Tribunals Reforms Act, 2021 amended section 10A, which now routes the members' qualifications and conditions of service through that Act; see sections 5 to 10A. For a general overview of the Tribunal see our guide to the National Green Tribunal Act, 2010, and for the next section, sections 3 and 4.
An example
Narmada Sugar Mills Limited discharges untreated effluent from a single outfall into a river, in breach of a statutory consent condition, and the river supports a large downstream community. A resident group considers an application to the Tribunal. It checks the definition: there is a direct violation of a specific statutory environmental obligation, the community at large is affected, and the consequences relate to a point source of pollution. The case may then be a substantial question relating to environment.
Need help with a Tribunal matter?
Whether a dispute raises a "substantial question relating to environment" is the first question in any Tribunal case. Our legal dispute resolution team can help you test the facts against section 2(1)(m) and plan an application or defence.
Key takeaways
- The Act came into force from 18 October 2010 by notification.
- "Substantial question relating to environment" needs a direct violation of a specific statutory environmental obligation and a link to a specific activity or point source.
- "Person" includes individuals, companies, firms, associations, trustees and local authorities.
- "Environment" includes water, air and land and their inter-relationship with living beings and property.
- Borrowed definitions come from the Water, Air, EP, PLI and other environment Acts.
Read next
- Sections 3 and 4: establishment and composition of the Tribunal
- Section 14: original jurisdiction and the substantial question
- National Green Tribunal Act, 2010: overview
- Sections 1 and 2 of the PLI Act: definitions
Disclaimer: Based on the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981 and the Public Liability Insurance Act, 1991 as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force for these Acts from 1 April 2024), the Water (Prevention and Control of Pollution) Act, 1974 as amended by its Amendment Act of 2024 (which applies only in the States and Union territories it names and in States that adopt it), and the National Green Tribunal Act, 2010 as amended by the Tribunals Reforms Act, 2021, as consulted on 3 October 2026. Later amendments, rules and notifications should be checked. This article is general information, not legal advice; check the official text before acting.