Section-35 Power to make rules

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Section-35 Power to make rules. –

1.     The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

2.     In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

a.     rules as to the persons who shall be entitled to appear before the Tribunal under clause (a) of sub-section (4) of section 4;

b.    the procedure for hearing applications and appeals and other matters pertaining to the applications and appeals under clause

c.     of sub-section (4) of section 4;

d.    the minimum number of members who shall hear the applications and appeals in respect of any class or classes of applications and appeals under clause (c) of sub-section (4) of section 4;

e.     the transfer of cases by the Chairperson from one place of sitting (including the ordinary place of sitting) to other place of sitting;

f.     the selection committee and the manner of appointment of the Judicial Member and Expert Member of the Tribunal under sub-section (3) of section 6;

g.    the salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairperson, Judicial Member and Expert Member of the Tribunal under section 9;

h.     the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 10;(h) the recruitment of officers and other employees of the Tribunal under sub-section (2) of section 12; and the salaries and allowances and other conditions of service of the officers and other employees of the Tribunal under sub-section (4) of that section;

i.      the financial and administrative powers to be exercised by the Chairperson of the Tribunal under section 13;

j.      the form of application or appeal, the particulars which it shall contain and the documents to be accompanied by and the fees payable under sub-section (1) of section 18;(k) any such matter in respect of which the Tribunal shall have powers of a civil court under clause

k.     of sub-section (4) of section 19;

l.      the manner and the purposes for which the amount of compensation or relief credited to the Environment Relief Fund shall be utilised under sub-section (2) of section 24;

m.   the manner of giving notice to make a complaint under clause (b) of sub-section (1) of section 30;

n.     any other matter which is required to be, or may be, specified by rules or in respect of which provision is to be made by rules.

3.     Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule

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