Section-2 Definitions

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Section-2 Definitions. –

1.     In this Act, unless the context otherwise requires,-

a.     "accident" means an accident involving a fortuitous or sudden or unintended occurrence while handling any hazardous substance or equipment, or plant, or vehicle resulting in continuous or intermittent or repeated exposure to death, of, or, injury to, any person or damage to any property or environment but does not include an accident by reason only of war or civil disturbance;

b.    "Chairperson" means the Chairperson of the National Green Tribunal;

c.     "environment" includes water, air and land and the inter-relationship, which exists among and between water, air and land and human beings, other living creatures, plants, micro-organism and property;

d.    "Expert Member" means a member of the Tribunal who, is appointed as such, and holds qualifications specified in sub-section (2) of section 5, and, is not a Judicial Member;

e.     "handling", in relation to any hazardous substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such hazardous substance;

f.     "hazardous substance" means any substance or preparation which is defined as hazardous substance in the Environment (Protection) Act, 1986, and exceeding such quantity as specified or may be specified by the Central Government under the Public Liability Insurance Act, 1991;

g.    "injury" includes permanent, partial or total disablement or sickness resulting out of an accident;

h.     "Judicial Member" means a member of the Tribunal who is qualified to be appointed as such under sub-section (1) of section 5 and includes the Chairperson;

i.      "notification" means a notification published in the Official Gazette;

j.      "person" includes-

                      i.        an individual,

                     ii.        a Hindu undivided family,

                    iii.        a company,

                    iv.        a firm,

                     v.        an association of persons or a body of individuals, whether incorporated or not,

                    vi.        trustee of a trust,

                   vii.        a local authority, and

                  viii.        every artificial juridical person, not falling within any of the preceding sub-clauses;

k.     "prescribed" means prescribed by rules made under this Act;

l.      "Schedule" means Schedules I, II and III appended to this Act;

m.   ("substantial question relating to environment" shall include an instance where,-

                      i.        there is a direct violation of a specific statutory environmental obligation by a person by which,-

A.    the community at large other than an individual or group of individuals is affected or likely to be affected by the environmental consequences; or

B.    the gravity of damage to the environment or property is substantial; or

C.    the damage to public health is broadly measurable;

                     ii.        the environmental consequences relate to a specific activity or a point source of pollution;

n.     "Tribunal" means the National Green Tribunal established under section 3;

o.    "workman" has the meaning assigned to it in the Workmen's Compensation Act, 1923.(2) The words and expressions used in this Act but not defined herein and defined in the Water (Prevention and Control of Pollution) Act, 1974, the Water (Prevention and Control of Pollution) Cess Act, 1977, the Forest (Conservation) Act, 1980, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the Public Liability Insurance Act, 1991 and the Biological Diversity Act, 2002 and other Acts relating to environment shall have the meaning, respectively, assigned to them in those Acts.

 

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