Sections 11 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.
Sections 11 to 13 deal with how the Tribunal keeps running. Section 11 says who acts as Chairperson when the office falls vacant. Section 12 provides for the Tribunal's officers and employees and puts them under the Chairperson's general superintendence. Section 13 gives the Chairperson financial and administrative powers, which he may delegate.
This article is current as amended up to the Tribunals Reforms Act, 2021. Sections 11 to 13 were not changed by that Act. Later amendments and notifications should be checked. If you appear before the Tribunal and need to understand its administration, our legal consultation team can help.
If the Chairperson's office falls vacant "by reason of his death, resignation or otherwise", a Judicial Member authorised by the Central Government by notification acts as Chairperson until a new Chairperson is appointed (section 11). The Central Government determines the nature and categories of staff; the Chairperson recruits them as prescribed and exercises general superintendence (section 12). The Chairperson exercises financial and administrative powers under the rules and may delegate them to a Member or officer who stays under his control (section 13).
Section 11: acting Chairperson
"In the event of the occurrence of any vacancy in the office of the Chairperson of the Tribunal, by reason of his death, resignation or otherwise, such Judicial Member of the Tribunal as the Central Government may, by notification, authorise in this behalf, shall act as the Chairperson until the date on which a new Chairperson is appointed in accordance with the provisions of this Act."
| Element | What the text says |
|---|---|
| Trigger | A vacancy in the office of the Chairperson by death, resignation "or otherwise" |
| Who acts | A Judicial Member authorised by the Central Government by notification |
| Until when | The date a new Chairperson is appointed in accordance with the Act |
The section names only a Judicial Member, not an Expert Member, as the person who can act. The way a new Chairperson is appointed, and who qualifies, is in sections 5 to 10A. The section's heading also refers to a Member discharging the Chairperson's functions in "certain circumstances", but the body of the section as printed deals with a vacancy.
Section 12: staff of the Tribunal
The section has four parts, numbered in the compiled text as sub-sections (1), (1), (2) and (3):
- The Central Government "shall determine the nature and categories of the officers and other employees required to assist the Tribunal in the discharge of its functions".
- The recruitment of officers and employees "shall be made by the Chairperson in such manner as may be prescribed".
- The officers and employees "shall discharge their functions under the general superintendence of the Chairperson".
- Their salaries, allowances and conditions of service "shall be such as may be prescribed".
Two points follow. The Central Government decides what staff the Tribunal needs, while the Chairperson recruits them. And the conditions of service of staff are prescribed in rules, which are not explained in this article. The Registry staff who receive filings are among these officers, but the section itself does not use the word "Registry".
Section 13: financial and administrative powers of the Chairperson
"The Chairperson of the Tribunal shall exercise such financial and administrative powers as may be vested in him under the rules made by the Central Government."
The proviso. The Chairperson "may delegate such of his financial and administrative powers, as he may think fit, to any Judicial Member or Expert Member or officer of the Tribunal subject to the condition that the Member or such officer, while exercising such delegated power, continues to act under the direction, control and supervision of the Chairperson".
The Chairperson's powers are those the rules vest in him, so their extent depends on the rules. Delegation is possible to a Judicial Member, an Expert Member or an officer, but the delegate acts under the Chairperson's direction, control and supervision.
The three sections together
| Section | Subject | Key rule |
|---|---|---|
| 11 | Acting Chairperson | A Judicial Member authorised by notification acts until a new Chairperson is appointed |
| 12 | Staff | Central Government determines categories; Chairperson recruits as prescribed; general superintendence by Chairperson |
| 13 | Powers | Financial and administrative powers as vested by rules; delegable to a Member or officer under the Chairperson's control |
The Chairperson's other roles are in the Act: inviting specialists to assist in a case and transferring cases between places of sitting under the rules; see sections 3 and 4. The Tribunal's jurisdiction begins in section 14.
Practical points
- A vacancy does not stop the Tribunal. An authorised Judicial Member acts as Chairperson.
- Check the notification if the authority of an acting Chairperson is questioned.
- Administrative matters such as staff and funds are for the Chairperson under the rules, not for individual benches unless powers are delegated.
An example
The office of the Chairperson falls vacant on the incumbent's resignation. The Central Government notifies a named Judicial Member to act as Chairperson. He continues until a new Chairperson is appointed, and he may delegate financial and administrative powers to a Member or an officer, who then acts under his direction, control and supervision.
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Key takeaways
- A Judicial Member authorised by notification acts as Chairperson on a vacancy until a new Chairperson is appointed.
- The Central Government determines the nature and categories of staff; the Chairperson recruits them as prescribed.
- Staff work under the Chairperson's general superintendence, and their conditions of service are prescribed.
- The Chairperson's financial and administrative powers come from the rules and can be delegated to a Member or officer under his control.
Read next
- Sections 5 to 10A: qualifications, appointment, term and removal
- Section 14: original jurisdiction
- Sections 3 and 4: establishment and composition
- National Green Tribunal Act, 2010: overview
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.