THE COMMISSION FOR AIR QUALITY MANAGEMENT IN NATIONAL CAPITAL REGION AND ADJOINING AREAS ACT, 2021

2021 · State unknown · central · act_text

Sections (37)

4 · . A Appointment of Chairperson, Members and Member-Secretary . — (1) The full-time Chairperson and full -time Members, other than ex officio Members, of the Commission shall be appointed by the Central Government:

5 · . Resignation and removal of Chairperson and Members . — (1) The Chairperson or a Member, other than an ex officio Member, may, by notice in writing under his hand addressed to the Central Government, resign his office.

6 · . Term of office of Chairperson and Members . — The Chairperson or a Member, other than an ex officio Member, shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier, and shall be eligible for re-appointment.

7 · . Member to act as Chairperson or to discharge his functions in certain circumstances . — (1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of death, resignation or otherwise, the Central Government may, by notification, authorise one of the Members to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy.

8 · . Terms and conditions of service of Chairperson and Members . — The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members, other than ex officio Members, shall be such as may be prescribed:

9 · . Vacancies, etc., not to invalidate proceedings of Commission . —N —No act or proceedings of the Commission shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Commission.

10 · . Procedure to be regulated by Commission . — (1) The Commission shall meet at such time and place as the Chairperson may think fit.

11 · . Sub -Committees and other staff of Commission . — (1) The Commission shall have at least the following three Sub-Committees—

12 · . Powers and functions of Commission . — (1) Notwithstanding anything contained in any other law for the time being in force, the Commission shall have the power to take all such measures, issue directions and entertain complaints, as it deems necessary or expedient, for the purpose of protecting and improving the quality of the air in the National Capital Region and adjoining areas and shall also have the duty to take all such measures as may become necessary for protecting and improving the quality of air in the National Capital Region and adjoining areas.

13 · . Annual report . — (1) The Commission shall furnish to the Central Government an annual report containing such details of the steps taken, proposals made, researches awaited and other measures undertaken by it in pursuance of its functions under section 12, in such form and manner as may be specified by regulations.

14 · . Penalty for contravention of provisions of Act, rules, order or direction . — (1) Any noncompliance or contravention of any provisions of this Act, rules made thereunder or any order or direction issued by the Commission, shall be an offence punishable with imprisonment for a term which may extend up to five years or with fine which may extend up to one crore rupees or with both:

15 · . Environmental compensation . — The Commission may impose and collect environmental compensation from farmers causing air pollution by stubble burning, at such rate and in such manner, as may be prescribed.

16 · . Grants by Central Government . — (1) The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.

17 · . Accounts and audit . — (1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

18 · . Appeal . —A —An appeal shall lie to the National Green Tribunal constituted under the National Green Tribunal Act, 2010 (19 of 2010) against any order, direction or action taken by or on behalf of the Commission constituted under section 3.

19 · . Constitution of special investigation teams . —N —Notwithstanding anything contained in any other law for the time being in force, or any judicial order by any Court, where the Commission considers it necessary so to do, it may constitute one or more special investigation teams, consisting of such officers or such persons, as it thinks necessary, for the purposes of carrying out its functions under this Act.

20 · . Power of Central Government to issue direction . —N —Notwithstanding anything contained in any other law for the time being in force, but subject to the provision of this Act, the Central Government may issue in writing such direction, as it deems fit, to the Commission or any person, officer or authority authorised by the Commission, and the Commission, person, or authority, as the case may be, shall be bound to comply with such direction.

21 · . Power of Central Government to call for information . — The Central Government may, from time to time, call for such information and reports from the Commission, as it deems fit and the Commission shall be bound to provide such information and report.

22 · . Bar of jurisdiction . —N —No civil court shall have jurisdiction to entertain any suit, proceeding or dispute pertaining to or arising out of the actions taken or directions issued by the Commission in respect of any matter which the Commission is empowered by or under this Act.

23 · . Protection of action taken in good faith . —N —No suit or other legal proceeding shall lie against the Central Government, the Commission, or any Member thereof, or any person acting under the direction of either the Central Government or the Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or any order made thereunder.

24 · . Members and officers to be public servants . — Every Member of the Commission and every officer appointed or authorised by the Commission to exercise functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

25 · . Power of Central Government to make rules . — (1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

26 · . Power of Commission to make regulations . ---(1) Subject to the provisions of this Act and the rules made thereunder, the Commission may, with the previous approval of the Central Government, by notification, make regulations to carry out the provisions of this Act.

27 · . Power to remove difficulties . — (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:

28 · . Act to have overriding effect . ---(1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, any document, judgment, order, bye-law, rule, regulation, notification having the force of law in the territory of India.

29 · . Repeal and savings of order constituting Environment Pollution (Prevention and Control) Authority for National Capital Region . — (1) The Order made under section 3 of the Environment (Protection) Act, 1986 (29 of 1986) constituting the Environment Pollution (Prevention and Control) Authority for the National Capital Region vide notification number S.O. 93(E), dated the 29th January, 1998 is hereby repealed and the Environment Pollution (Prevention and Control) Authority for the National Capital Region is hereby dissolved.

30 · . Savings . —N —Notwithstanding the cessation of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020 (Ord. 13 of 2020), anything done or any action taken under the Ordinance so ceased, shall be deemed to have been done or taken under the corresponding provisions of this Act.

31 · . Repeal and savings . — (1) The Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2021 (Ord. 4 of 2021) is hereby repealed.

2 · There is a need to evolve and implement a consolidated approach for monitoring, tackling and eliminating the causes for air pollution and identifying, specifying and rigorously enforcing measures for elimination and mitigation of air pollution, including but not limited to, controlling or eliminating the activities of stubble burning, vehicular pollution, industrial emissions, road dust, biomass burning and urban construction. It is now considered necessary to have a statutory authority with appropriate powers, and charged with the duty of taking comprehensive measures to tackle air pollution on a war footing, with power to coordinate with concerned States and the Central Government and issue directions to statutory authorities established under various laws.

3 · The commitments and obligations to environmental conservation and protection within the ambit of the targeted goals on environmental sustainability under the Sustainable Development Goals, particularly towards the issue of air pollution, is manifested in the Air (Prevention and Control of Pollution) Act, 1981, which was enacted under article 253 of the Constitution and more recently in the National Clean Air Programme. It is noticed that there is lack of a permanent, dedicated and participative mechanism adopting a collaborative and participatory approach involving relevant Central Ministries, State Governments, local bodies and other stakeholders to tackle air pollution, in the National Capital Region and Adjoining Areas.

4 · It is observed that sources of air pollution particularly in the National Capital Region consist of a variety of factors which are beyond the local limits of the National Capital Region. Special focus is required on all sources of air pollution which are associated with different economic sectors, including power, agriculture, transport, industry, residential and construction. Since air pollution is not a localised phenomenon, the effect is felt in areas even far away from the source, thus creating the need for regionallevel initiatives through inter-State and inter-city coordination in addition to multi-sectorial synchronization.

5 · Due to the absence of an inter -sectorial, public participative, multi-State dynamic body, the Hon'ble Supreme Court had to devote its precious time in constituting various ad hoc or permanent committees at various stages to oversee the problem of air pollution in the National Capital Region and suggest mitigation measures and has been monitoring, supervising and guiding the problem of air pollution in the National Capital Region through the continuing mandamus in the case of M.C. Mehta vs. Union of India and Others, W.P. (C) No.13029/1985. Though in compliance of the directions of the Hon'ble Supreme Court, the Central Government had constituted the Environment Pollution (Prevention and Control) Authority for the National Capital Region with effect from 29th January, 1998 vide notification number S.O.93(E), dated 29th January, 1998, the powers and functions of said Authority were limited to section 5 of the Environment Protection Act, 1986 and to the State of Delhi without any collaboration with other nearby States thereby limiting its efficacy.

6 · Noting the lack of inter-State co-operation, the Hon'ble Supreme Court had, on multiple occasions, directed the presence of Chief Secretaries of the four States in question, namely, Punjab, Haryana, Delhi and Uttar Pradesh to ensure inter -State co -operation. Due to lack of an oversight mechanism over the joint functioning of the States on issues concerning air pollution, and specifically stubble burning, the Hon'ble Supreme Court in Aditya Dubey (minor) and Another vs. Union of India and Others, W.P(C) No. 1135/2020, had further appointed a one-man Monitoring Committee to monitor the measures taken by the States to prevent stubble burning. The Hon'ble Supreme Court has, on numerous occasions sought to improve and propose innovative measures and research initiatives to resolve the problem of air pollution.

7 · In order to provide a permanent solution and establish a self-regulated, democratically monitored mechanism for tackling air pollution in National Capital Region and adjoining areas, rather than limited and ad hoc measures, it was deemed necessary to take up immediate legislative measures to set up a Commission for Air Quality Management in National Capital Region and Adjoining Areas, which would replace the above-mentioned Committees in order to streamline the public participation, the inter-State cooperation, the expert involvement and persistent research and innovation.

8 · As Parliament was not in session and there was an immediate need for legislation in this regard, the Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020 (Ord.13 of 2020) was promulgated by the President of India on the 28th October, 2020, but a Bill to replace the said Ordinance could not be introduced in Parliament, consequently, the Ordinance got lapsed on the 12th March, 2021. Thereafter, the Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2021 (Ord. 4 of 2021) was promulgated by the President of India on the 13th April, 2021 under clause (1) of article 123 of the Constitution.

9 · The Commission for Air Quality Management in National Capital Region and Adjoining Areas Bill, 2021, which seeks to replace the Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2021 (Ord. 4 of 2021), provides for––

10 · The Bill seeks to replace the aforesaid Ordinance.

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