Section 38 of NGT : Section 38: Repeal And Savings

Explanation using Example

Imagine a situation where a large corporation had been found guilty of violating environmental regulations in 2009 and the case was being heard by the National Environment Appellate Authority (NEAA). However, in 2010, the National Green Tribunal Act was enacted, dissolving the NEAA and replacing it with the National Green Tribunal (NGT).

According to Section 38 of the National Green Tribunal Act, 2010, despite the dissolution of the NEAA, the actions taken by the NEAA in this case would still be valid, as if they were carried out by the NGT. The case, which was still pending before the NEAA, would now be transferred to the NGT for further proceedings.

The Chairperson, Vice-chairperson, and members of the NEAA would have to vacate their offices without any claim for compensation for the premature termination of their terms. The officers and other employees of the NEAA appointed on deputation would revert to their parent cadre, Ministry, or Department.

However, those appointed on a contract basis would be entitled to claim compensation for three months' pay and allowances or pay and allowances for the remaining period of service, whichever is less, due to the premature termination of their contracts.