Section 38:
Repeal and savings.
(1) The National Environment Tribunal Act, 1995 (27 of 1995) and the
National Environment Appellate Authority Act, 1997 (22 of 1997) are hereby repealed (hereinafter
referred to as the repealed Act).
(2) Notwithstanding such repeal, anything done or any action taken under the said Acts shall be
deemed to have been done or taken under the corresponding provisions of this Act.
(3) The National Environment Appellate Authority established under sub-section (1) of section 3 of
the National Environment Appellate Authority Act, 1997 (22 of 1997), shall, on the establishment of the
National Green Tribunal under the National Green Tribunal Act, 2010, stand dissolved.
(4) On the dissolution of the National Environment Appellate Authority established under
sub-section (1) of section 3 of the National Environment Appellate Authority Act, 1997 (22 of 1997), the
persons appointed as the Chairperson, Vice-chairperson and every other person appointed as Member of
the said National Environment Appellate Authority and holding office as such immediately before the
establishment of the National Green Tribunal under the National Green Tribunal Act, 2010, shall vacate
their respective offices and no such Chairperson, Vice-chairperson and every other person appointed as
Member shall be entitled to claim any compensation for the premature termination of the term of his
office or of any contract of service.
(5) All cases pending before the National Environment Appellate Authority established under
sub-section (1) of section 3 of the National Environment Appellate Authority Act, 1997 (22 of 1997) on
or before the establishment of the National Green Tribunal under the National Green Tribunal Act, 2010,
shall, on such establishment, stand transferred to the said National Green Tribunal and the National Green
Tribunal shall dispose of such cases as if they were cases filed under that Act.
(6) The officers or other employees who have been, immediately before the dissolution of the
National Environment Appellate Authority appointed on deputation basis to the National Environment
Appellate Authority, shall, on such dissolution, stand reverted to their parent cadre, Ministry or
Department, as the case may be.
(7) On the dissolution of the National Environment Appellate Authority, the officers and other
employees appointed on contract basis under the National Environment Appellate Authority and holding
office as such immediately before such dissolution, shall vacate their respective offices and such officers
and other employees shall be entitled to claim compensation for three months' pay and allowances or pay
and allowances for the remaining period of service, whichever is less, for the premature termination of
term of their office under their contract of service.
(8) The mention of the particular matters referred to in sub-sections (2) to (7) shall not be held to
prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with
regard to the effect of repeal.