The Institute of Company Secretaries of India (ICSI), through its President CS Pawan G. Chandak, has submitted a representation dated 24 July 2026 to the Secretary, Ministry of Environment, Forest and Climate Change, requesting amendment of Rule 8(1) of the National Green Tribunal (Practices and Procedure) Rules, 2011 to expressly authorise Company Secretaries in Practice to present applications and appeals and represent parties before the National Green Tribunal (NGT). The representation notes that Rule 8(1), read with Rule 2(1)(b), permits filing through an “agent” but does not expressly identify particular classes of professionals. It states that Company Secretaries are already recognised as authorised representatives before the NCLT, NCLAT, CCI, SAT, RERA Authorities and Appellate Tribunals, and various tax, regulatory and adjudicatory authorities under specified statutes. The representation submits that such statutory recognition reflects confidence in their professional competence and ethical standards, and requests their express inclusion as Authorised Representatives before the NGT. It further requests the Government’s consideration of the proposal and an opportunity to present the matter in detail.
Institute of Company Secretaries of India
CS Pawan G. Chandak
PRESIDENT
G&CL: NGT: JULY: 2026 | Dated: July 24, 2026
Shri Tanmay Kumar
Hon’ble Secretary
Ministry of Environment, Forest and Climate Change
Indira Paryavaran Bhawan
Jor Bagh Road
New Delhi – 110003
Respected Sir,
Subject: Request to expressly include Company Secretaries in Practice as Authorised Representatives before the National Company Law Tribunal (NGT).
Greetings from the Institute of Company Secretaries of India!
The Institute of Company Secretaries of India (ICSI) is a premier professional body established under an Act of Parliament, namely the Company Secretaries Act, 1980. It functions under the jurisdiction of the Ministry of Corporate Affairs and is committed to regulating and developing the profession of Company Secretaries in India. With a strong national and global presence, ICSI caters to over 80,000 members and around 2,50,000 students.
ICSI Submission
We wish to draw your kind attention to Rule 8(1) of the National Green Tribunal (Practices and Procedure) Rules, 2011 (“the Rules”), framed under the National Green Tribunal Act, 2010, which governs the manner of presentation of applications and appeals before the Tribunal. The provision reads as under:
“8. Procedure for filing application or appeal.—
(1) An application or appeal to the Tribunal under section 18 shall be presented in Form I by the applicant or appellant, as the case may be, in person or by an agent or by a duly authorised legal practitioner, to the Registrar or any other officer authorised in writing by the Registrar to receive the same or be sent by registered post with acknowledgement duly addressed to the Registrar of the Tribunal and on sale to concerned place of sitting.”
While Rule 8(1) authorises presentation of an application or appeal by an agent, the term “agent” is defined under Rule 2(1)(b) as “a person duly authorised by a party to present an application, appeal, written reply, rejoinder or any other document on behalf of such party before the Tribunal.” It is broadly worded and does not specify particular classes of professionals.
Consequently, Company Secretaries in Practice, despite their domain expertise and statutory recognition as authorised representatives before the NCLT/NCLAT under Section 432 of the Companies Act, 2013, and before several other tribunals and regulators, find no express mention or assured standing under Rule 8(1) to represent parties before the NGT.
Therefore, it is respectfully requested that the Government may kindly consider amending Rule 8(1) of the National Green Tribunal (Practices and Procedure) Rules, 2011 to expressly authorise Company Secretaries in Practice to present applications and appeals and represent parties before the National Green Tribunal.
Justification:
At present, Company Secretaries are already authorised under various statutes to represent stakeholders before several judicial and quasi-judicial forums, including:
- National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) under Section 432 of the Companies Act, 2013;
- Competition Commission of India (CCI) under Section 35 of the Competition Act, 2002;
- Securities Appellate Tribunal (SAT) under Section 23C, Explanation (b) of the Depositories Act, 1996;
- RERA Authorities and Appellate Tribunals under Section 56 of the Real Estate (Regulation and Development) Act, 2016;
- Various tax, regulatory and adjudicatory authorities.
This statutory recognition clearly reflects legislative confidence in the professional competence and ethical standards of Company Secretaries.
In view of the above, it is requested that Company Secretaries in Practice may be included as Authorised Representatives to present applications and appeals and represent parties before the National Green Tribunal. Such a progressive measure will strengthen ESG adjudication by injecting governance insights into corporate environmental disputes. It will enhance procedural efficiency by leveraging their training in administrative law to streamline filings. Ultimately, expanding this professional pool reduces compliance costs, advances the Ease of Doing Business, and supports the Government’s vision for swift dispute resolution.
We request your kind consideration of this representation. We would also be grateful for an opportunity to present this matter in detail at a time convenient to you.
Thanking you,
Yours faithfully,
(CS Pawan G. Chandak)
President
The Institute of Company Secretaries of India
