Sections 29 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.
The last chapter of the NGT Act closes the gaps around the Tribunal. It bars civil courts from matters the Tribunal can decide (section 29), says who may complain of an offence (section 30), protects action in good faith (sections 31 and 32), gives the Act overriding effect (section 33), lets the Central Government amend Schedule I (section 34), provides the rule-making power (section 35), and deals with the Acts it amended, repealed and replaced (sections 36 to 38).
This article is current as amended up to the Tribunals Reforms Act, 2021. Sections 29 to 38 were not changed by that Act. Later amendments and notifications should be checked. If you want to know where a dispute can and cannot go, our legal consultation team can help.
No civil court may entertain an appeal on a matter the Tribunal can determine on appeal, or settle a dispute or claim for relief, compensation or restitution that the Tribunal can adjudicate, and no civil court may grant an injunction in respect of action by or before the Tribunal on such a claim (section 29). A court takes cognizance of an offence only on a complaint by the Central Government or its authorised officer or by a person who has given sixty days' notice (section 30). The Act has overriding effect (section 33).
Section 29: bar of jurisdiction
Section 29(1). From the date the Tribunal was established, "no civil court shall have jurisdiction to entertain any appeal in respect of any matter, which the Tribunal is empowered to determine under its appellate jurisdiction".
Section 29(2). "No civil court shall have jurisdiction to settle dispute or entertain any question relating to any claim for granting any relief or compensation or restitution of property damaged or environment damaged which may be adjudicated upon by the Tribunal, and no injunction in respect of any action taken or to be taken by or before the Tribunal in respect of the settlement of such dispute or any such claim ... shall be granted by the civil court."
The bar covers appeals under section 16 and disputes and claims under sections 14 and 15.
Section 30: cognizance of offences
Section 30(1). No court takes cognizance of any offence under the Act except on a complaint made by (a) the Central Government or any authority or officer it authorises, or (b) any person who has given notice of not less than sixty days, in the prescribed manner, of the alleged offence and of his intention to make a complaint, to the Central Government or the authorised authority or officer.
Section 30(2). "No court inferior to that of a Metropolitan Magistrate or, a Judicial Magistrate of the first class shall try any offence punishable under this Act." The offences are in sections 26 to 28.
Sections 31 and 32: public servants and good faith
Section 31. The Chairperson, Judicial and Expert Members, officers and other employees of the Tribunal "shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code". The Bharatiya Nyaya Sanhita, 2023 has replaced the Indian Penal Code.
Section 32(1). No suit or other legal proceeding lies against employees of the Central or a State Government or any statutory authority for anything done or intended to be done in good faith under the Act or any rule or order.
Section 32(2). No suit, prosecution or other legal proceeding lies against the Chairperson, Judicial Member, Expert Member "or any other person authorised by" them for anything done or intended to be done in good faith under the Act.
Section 33: overriding effect
The Act "shall have effect notwithstanding anything inconsistent contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act".
Section 34: power to amend Schedule I
Section 34(1). The Central Government may, by notification, amend Schedule I by including any other Act of Parliament, having regard to the objective of environmental protection and conservation of natural resources, or by omitting any Act already specified; the Act is deemed included or omitted on the date of publication of the notification.
Section 34(2). A copy of every notification proposed to be issued is laid in draft before each House of Parliament for a total period of thirty days; if both Houses agree in disapproving it or in modifying it, it is not issued, or is issued only in the modified form.
Which Acts are in Schedule I now depends on any notification made under this section; the list as printed is in the Schedules article.
Section 35: power to make rules
The Central Government may by notification make rules. Section 35(2) lists matters including the persons entitled to appear, hearing procedure, the minimum number of members, transfer of cases, the Selection Committee, salaries and conditions of the Chairperson and Members, the inquiry procedure for charges, recruitment and conditions of staff, the Chairperson's financial and administrative powers, the form of application or appeal, particulars, documents and fees under section 18(1), the matters on which the Tribunal has civil court powers, how the Environment Relief Fund amounts are utilised under section 24(2), and the manner of the notice of complaint under section 30(1)(b). Every rule is laid before Parliament for a total period of thirty days. The National Green Tribunal (Practice and Procedure) Rules, 2011 are not explained here.
Sections 36 and 37: consequential amendments and removal of difficulties
Section 36. The enactments specified in Schedule III "shall be amended in the manner specified therein" and the amendments take effect on the date of establishment of the Tribunal. These inserted the appeal sections in the Water Act (33B), the Air Act (31B) and the EP Act (5A), among others.
Section 37. If any difficulty arises in giving effect to the Act, the Central Government may by order make provisions not inconsistent with the Act to remove it, but "no such order shall be made after the expiry of a period of two years from the commencement of this Act"; every order is laid before Parliament.
Section 38: repeal and savings
- 38(1): the National Environment Tribunal Act, 1995 and the National Environment Appellate Authority Act, 1997 are repealed.
- 38(2): anything done or any action taken under them is deemed done or taken under the corresponding provisions of this Act.
- 38(3), (4): the National Environment Appellate Authority stands dissolved on the Tribunal's establishment; its Chairperson, Vice-chairperson and Members vacate office with no claim for compensation for premature termination.
- 38(5): pending cases stand transferred to the Tribunal, which disposes of them as if filed under this Act.
- 38(6), (7): deputationists revert to their parent cadre; contract staff vacate office and may claim compensation for three months' pay and allowances or for the remaining period of service, whichever is less.
- 38(8): these particulars do not affect section 6 of the General Clauses Act, 1897 on the effect of repeal.
The chapter at a glance
| Section | Subject |
|---|---|
| 29 | Bar of civil courts; no injunction |
| 30 | Cognizance on complaint; trial by Magistrate of the first class or above |
| 31, 32 | Public servants; good faith |
| 33 | Overriding effect |
| 34 | Amending Schedule I; draft laid before Parliament |
| 35 | Rules |
| 36, 37 | Schedule III amendments; removal of difficulties within two years |
| 38 | Repeal of the NET and NEAA Acts and savings |
Practical points
- Do not file a civil suit for relief, compensation or restitution the Tribunal can award; section 29 bars it.
- For an offence complaint, a private person must first give sixty days' notice.
- Check Schedule I for any notification adding or omitting an Act.
- Use the right route. Appeals against listed orders go to the Tribunal.
An example
A landowner wants compensation for crop damage from an industrial discharge that falls within a Schedule I Act. Section 29(2) bars a civil suit for it, so he applies to the Tribunal under section 15 instead.
Need help choosing the forum?
Filing in the wrong forum wastes time, and the bar in section 29 is firm. Our legal consultation team can help you identify the right forum and the right provisions for your dispute.
Key takeaways
- Civil courts cannot decide claims or appeals within the Tribunal's jurisdiction and cannot grant injunctions against action before the Tribunal on them.
- An offence is taken up only on a complaint by the Central Government, its authorised officer or a person after sixty days' notice.
- The Act overrides inconsistent laws.
- The Central Government may amend Schedule I by notification, with the draft laid before Parliament.
- The NET Act, 1995 and the NEAA Act, 1997 were repealed and pending cases transferred.
Read next
- Schedules I to III: scheduled Acts and heads of compensation
- Section 14: original jurisdiction
- Sections 26 to 28: penalty for non-compliance
- 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.