Sections 3 and 4 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 3 provides for the Central Government to establish the National Green Tribunal by notification. Section 4 says who sits on it: a full-time Chairperson, a notified number of full-time Judicial Members and a notified number of full-time Expert Members. It also provides for specialist assistance, the places where the Tribunal sits, and the rules on practice and procedure, including the rule that a bench has as many Expert Members as Judicial Members.
This article is current as amended up to the Tribunals Reforms Act, 2021. Sections 3 and 4 were not changed by that Act. Later amendments and notifications should be checked. If you are preparing for a hearing before the Tribunal, our legal dispute resolution team can help.
The Central Government establishes the Tribunal by notification, from a date specified in it (section 3). The Tribunal consists of a full-time Chairperson, not less than ten but not more than twenty full-time Judicial Members and not less than ten but not more than twenty full-time Expert Members, as the Central Government notifies from time to time (section 4(1)). The number of Expert Members hearing an application or appeal must equal the number of Judicial Members. The Central Government specifies the ordinary places of sitting by notification.
Section 3: establishment of the Tribunal
"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."
The Tribunal is therefore a creature of the Act and is established by notification, not by the text itself. A footnote in the compiled text records that it was established by notification S.O. 2570. The Tribunal exercises "the jurisdiction, powers and authority conferred ... by or under this Act", and the Act's own jurisdiction sections follow in section 14 and sections 15 to 17.
Section 4(1): composition
The Tribunal "shall consist of":
| Clause | Members |
|---|---|
| (a) | A full-time Chairperson |
| (b) | Not less than ten but subject to a 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 a maximum of twenty full-time Expert Members as the Central Government may, from time to time, notify |
The Act sets the range, not the current figure. The actual number is whatever the Central Government has notified, and this article does not state it.
Section 4(2): specialists assisting the Tribunal
"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." The invited person assists; the text does not make such a person a member or give a decision-making role.
Section 4(3): places of sitting
"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." A litigant therefore files at the place of sitting that covers the area in dispute.
Section 4(4): rules on practice and procedure
The Central Government, in consultation with the Chairperson, may make rules regulating generally the practice and procedure of the Tribunal, including:
| Clause | Matter |
|---|---|
| (a) | The persons entitled to appear before the Tribunal |
| (b) | 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)" |
| (c) | The minimum number of Members who shall hear applications and appeals in any class of applications and appeals |
| (d) | The proviso, as printed under this clause: "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" |
| (e) | Transfer of cases by the Chairperson from one place of sitting to another |
The rules themselves (the National Green Tribunal (Practice and Procedure) Rules, 2011) are not explained in this article. The equal-numbers proviso is the Act's own rule and matters in practice: a bench cannot be made up of Judicial Members alone or Expert Members alone for an application or appeal.
Putting sections 3 and 4 together
| Feature | Provision |
|---|---|
| How the Tribunal is established | Notification of the Central Government, from a specified date (section 3) |
| Who sits | Chairperson; ten to twenty Judicial Members; ten to twenty Expert Members, as notified (section 4(1)) |
| Specialist help | Persons invited by the Chairperson to assist in a case (section 4(2)) |
| Where it sits | Ordinary places notified, with territorial jurisdiction for each (section 4(3)) |
| Bench balance | Expert Members equal to Judicial Members (section 4(4)) |
| Other places | Circuit procedure under the rules (section 4(4)(b)) |
Who can be appointed, for how long and on what terms is a separate matter, covered in sections 5 to 10A, where section 10A and the Tribunals Reforms Act, 2021 now govern the qualifications and conditions of service of members appointed after its commencement. The definitions of "Judicial Member" and "Expert Member" are in section 2.
Practical points
- Find the right place of sitting. The Central Government's notification assigns territorial jurisdiction to each place.
- Expect a mixed bench. Applications and appeals are heard by Judicial and Expert Members in equal numbers.
- Specialist assistance is possible. The Chairperson may invite a person with specialised knowledge to assist in a case.
- Check the rules for who may appear and how circuit hearings are held.
An example
A community group in a district far from the Tribunal's ordinary place of sitting files an application about a polluting unit. Under the rules made under section 4(4)(b), the Tribunal may hear the matter by circuit procedure at a place within its territorial jurisdiction. The bench has an equal number of Judicial and Expert Members, and the Chairperson invites a specialist in effluent treatment to assist in the case.
Need help with a hearing before the Tribunal?
Knowing where to file and what the bench looks like helps you prepare. Our legal dispute resolution team can help you plan the filing, the evidence and the expert material for a Tribunal hearing.
Key takeaways
- The Tribunal is established by Central Government notification under section 3.
- It has a full-time Chairperson, ten to twenty full-time Judicial Members and ten to twenty full-time Expert Members, as notified.
- A bench must have as many Expert Members as Judicial Members in an application or appeal.
- The Chairperson may invite specialists to assist in a case.
- The Central Government notifies the ordinary places of sitting and the territorial jurisdiction of each; the rules provide for circuit hearings.
Read next
- Sections 5 to 10A: qualifications, appointment, term and removal of members
- Sections 1 and 2: commencement and definitions
- Section 14: original jurisdiction
- 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.