Sections 19 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 19 to 21 describe how the Tribunal works. Section 19 frees it from the Code of Civil Procedure and the Indian Evidence Act, guides it by natural justice, and gives it civil court powers, including interim orders and "cease and desist" orders. Section 20 requires it to apply three principles in every order: sustainable development, the precautionary principle and the polluter pays principle. Section 21 provides that a majority decision binds and says what happens if the Members are equally divided.
This article is current as amended up to the Tribunals Reforms Act, 2021. Sections 19 to 21 were not changed by that Act. Later amendments and notifications should be checked. If you are preparing for a hearing, our legal dispute resolution team can help.
The Tribunal "shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice" and is not bound by the Indian Evidence Act, 1872 (section 19). It can summon witnesses, receive affidavits, review its decisions, pass interim orders including an injunction or stay, and order any person to cease and desist from violating a Schedule I enactment. In every order it shall apply the principles of sustainable development, the precautionary principle and the polluter pays principle (section 20). A majority of Members decides (section 21).
Section 19: procedure and powers
Section 19(1). The Tribunal "shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice".
Section 19(2). Subject to the Act, the Tribunal "shall have power to regulate its own procedure".
Section 19(3). It "shall also not be bound by the rules of evidence contained in the Indian Evidence Act, 1872".
Section 19(4). For discharging its functions, the Tribunal has the same powers as a civil court under the Code of Civil Procedure, 1908 while trying a suit, in respect of:
| Clause | Power |
|---|---|
| (a) | Summoning and enforcing the attendance of any person and examining him on oath |
| (b) | Requiring the discovery and production of documents |
| (c) | Receiving evidence on affidavits |
| (d) | Subject to sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or copy from any office |
| (e) | Issuing commissions for the examination of witnesses or documents |
| (f) | Reviewing its decision |
| (g) | Dismissing an application for default or deciding it ex parte |
| (h) | Setting aside any order of dismissal for default or any ex parte order |
| (i) | Passing an interim order (including granting an injunction or stay) after providing the parties concerned an opportunity to be heard, on any application or appeal |
| (j) | Passing an order requiring any person "to cease and desist from committing or causing any violation of any enactment specified in Schedule I" |
| (k) | Any other prescribed matter |
Clauses (i) and (j) are the working tools of an environmental case. The Tribunal can stop an activity by interim order, but only after the parties have had an opportunity to be heard, and it can order a person to cease and desist from violating a Schedule I Act. The Acts in Schedule I are listed in the Schedules article.
Section 19(5). All proceedings before the Tribunal "shall be deemed to be the judicial proceedings within the meaning of sections 193, 219 and 228 for the purposes of section 196 of the Indian Penal Code" and the Tribunal "shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973". The Bharatiya Nyaya Sanhita, 2023 has replaced the Indian Penal Code, and the Bharatiya Nagarik Suraksha Sanhita, 2023 has replaced the Code of Criminal Procedure, 1973.
Section 20: principles the Tribunal must apply
"The Tribunal shall, while passing any order or decision or award, apply the principles of sustainable development, the precautionary principle and the polluter pays principle."
The section names the three principles and does not define them. The word is "shall": the Tribunal must apply them when passing an order, decision or award.
Section 21: decision by majority
"The decision of the Tribunal by majority of Members shall be binding."
First proviso. If there is a difference of opinion among the Members hearing an application or appeal and the opinion is equally divided, the Chairperson shall hear it (if he has not heard it earlier) and decide.
Second proviso. Where the Chairperson himself has heard the application or appeal along with other Members and the opinion is equally divided, he "shall refer the matter to other Members of the Tribunal who shall hear such application or appeal and decide".
Because benches have equal numbers of Judicial and Expert Members (see sections 3 and 4), an equal division is possible, and section 21 provides the way out.
How the Tribunal works, in brief
| Question | Answer | Section |
|---|---|---|
| Is it bound by the Code of Civil Procedure? | No; guided by natural justice | 19(1) |
| Is it bound by the Indian Evidence Act? | No | 19(3) |
| Can it pass interim orders? | Yes, including injunction or stay, after hearing the parties | 19(4)(i) |
| Can it order a person to cease and desist? | Yes, for violations of Schedule I enactments | 19(4)(j) |
| Which principles must it apply? | Sustainable development, precautionary and polluter pays | 20 |
| Who decides when Members differ? | The majority; the Chairperson on an equal division | 21 |
The amount of relief and compensation it can order is in sections 15 to 17, and the route to appeal is in sections 22 to 25. For a general guide see NGT jurisdiction, powers and procedure.
Practical points
- Prepare affidavits and documents. The Tribunal receives evidence on affidavits and can require discovery.
- Expect interim orders. The Tribunal can grant an injunction or stay after hearing you.
- Frame your case around the three principles, since the Tribunal must apply them.
- Know the review power. The Tribunal can review its own decision under section 19(4)(f).
An example
A river-bank community applies to the Tribunal against a dye unit. At the first hearing it seeks an interim order. After hearing both sides, the Tribunal passes an interim order to stop discharge pending the case, and, in its final order, applies the polluter pays principle in directing the unit to bear the cost of restoration. The Members are divided equally, so the Chairperson hears the matter and decides under section 21.
Need help preparing for a hearing?
The Tribunal's freedom from civil procedure puts weight on the affidavit, the documents and the argument on the three principles. Our legal dispute resolution team can help you prepare for hearings and for any interim relief.
Key takeaways
- The Tribunal is not bound by the Code of Civil Procedure or the Indian Evidence Act, and is guided by natural justice.
- It has civil court powers, including summoning witnesses, receiving affidavits, reviewing its decision, interim orders and cease-and-desist orders.
- It must apply the principles of sustainable development, the precautionary principle and the polluter pays principle.
- A majority decision binds; on an equal division the Chairperson hears the matter or the matter goes to other Members.
Read next
- Section 18: who may apply or appeal
- Sections 22 to 25: appeal to the Supreme Court, costs, deposit and execution
- Sections 15 to 17: relief, appeals and no fault
- NGT jurisdiction, powers and procedure
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.