The National Environmental Appellate Authority Act came into effect on 30 January 1997. As degradation increased in India due to many disasters, the Supreme Court of India and the Government of India felt the need for the establishment of an Environmental Court to look into matters related to environmental problems such as environmental damage. A law was enacted to establish the National Environmental Appellate Authority to hear appeals on the siege and to deal with matters existing under the Defense (Protection) Act, 1986, and related matters.
The National Environmental Assessment Act, 1997 containing 23 sections briefing on the constitution of the Issues Authority. And the matters concerning the functions of the members. The Central Government, perform the functions established by the branch under section 3 of the National Environmental Authorization Act. The Authority has a head office in Delhi and comprises the Chairman, Deputy Chairman, and three other members. All members of the Positioning Officer are appoint by the President as prescribe under section 5 (4). And are from the public. Servants as defined in section 21 of the Indian Penal Code.
Tenure
The Chairman, Deputy Chairman, and other members of the Acting Authority hold office for three years. It is from the date that members enter the office. They will be eligible for re-election as define under section 7 of the Act. Any member of the Appellate Authority may resign at any time by writing to the president. The president may remove any person from office if the member. If it has prove to be misconduct as contemplate in section 8.
Appeal & Complaints
Any person aggrieve by an order relating to the conservation order in areas brought under the Act is entitle to appeal to the Appellate Authority. And the Appellate Authority must dismiss the appeal within 90 days as provided for in Section 11 (4). The authority has control over its process including settlement. It will not be bound by the Civil Procedure Code, 1908. But the authority is vest in the Civil Court under the Code, 1908 while trying suits and issues relating to the summons. Also enforcement of oaths, to record statements made under section 123 and 124 of the Indian Evidence Act, 1872. Under section 13 of the Act as the head of the Authority for the exercise of financial and administrative functions. It is define under the rules and all other members the Authority shall bind a guide issued by the Chairman.
No Civil or other authority has the power to entertain any complaint in respect of matters which the Designated Authority has made under this Act. Under section 16 of the Act, all proceedings that have not yet been made before the Accounting Officer shall take as court decisions. As held in the definition set out under Sections 193, 219 and 228 of the Indian Treasury. As a rule and the Appellate Authority under the Act was establish with the proper hope of assisting the public. No person has any right to prosecute with the Central Government, the Chairman, the Deputy Chairman etc. And other members of the Operating Authority.
Acquisition officer
The Acquisition Officer under the law reserves the right to initiate an order against persons who are against the protection of the environment and anyone who fails to comply with the order made by the Consent Officer will be fined a maximum of seven years or a fine reduced to one lakh barrel or both. The Central Government under section 21 and 22 of the Act has the power to make laws and remove difficulties related to the financial matters of members of the Appeal Authority and the financial and administrative powers of the Chairperson as set out under section 13.
New Acts
When the Parliament of India releases two laws relating to the environment it is the National Environment Tribunal Act, 1995, and the National Environmental Appellate Authority, 1997. Both laws enact to address issues related to environmental issues and compensate those affected by natural disasters. The National Environmental Tribunal has not been effective in dealing with environmental issues, while the National Environmental Appellate Authority has been in existence for some years but has not fulfilled the objectives set out under the Act.
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