Centre introduces Ordinance to tackle air pollution in Delhi and NCR

The Ministry of Law and Justice has introduced a law to control the problem of air pollution in Delhi-NCR through an Ordinance with an immediate enforcement. The Ordinance titled the “Commission for Air Quality Management In National Capital Region And Adjoining Areas Ordinance 2020” shall apply to national capital regions and the National Capital Region (NCR) that including Punjab, Haryana, Rajasthan, and Uttar Pradesh.

The Ordinance signed by the President of India comes into being after the Central Government informed the Supreme Court about its proposal of establishing a commission to tackle the constant increase in air pollution in Delhi and the NCR. It aims to locate such sources of pollution which is explicitly causing an adverse impact on air quality of Delhi and the NCR. 

The Commission will be headquartered at Delhi shall comprise of over 20 members consisting of chairperson, who is or has been a secretary of Government of India or chief secretary of a state, a representative of Environment secretary and five ex-offcio members who are either chief secretaries or secretaries in charge of the environment departments of Delhi, Haryana, Rajasthan and Uttar Pradesh, who shall ensure strict compliance and application of the Law.

Further, it will also comprise two full-time members who have been joint secretaries to the central government, three full-time independent technical members who have some special knowledge regarding air pollution, one technical member from the Central Pollution Control Board (CPCB), one technical member nominated by ISRO and three members of NGOs having experience in matters concerning combating of air pollution. It shall include a full-time secretary who shall be the chief coordinating officer of the commission and shall assist in managing the affairs of the commission, the Ordinance read.

Other than above specified members, it may also include appointed members-one representative from each Ministry of Road Transport, Ministry of Power, Ministry of Housing and Urban Affairs, Ministry of Petroleum, Ministry of Commerce and Industry and a representative of any association of commerce and industry.

The Commission will function with three sub-committees, one each for monitoring and identification, safeguarding and enforcement, and research and development. It is being entrusted with the authority of taking mitigating measures, issue directions/orders suo moto and complaints under other pre-existing laws such as the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986.

The Ordinance vests power to the commission to proscribe activities likely to cause or increase air pollution in the NCR and adjoining areas.

Significantly, any non-compliance with the rules, provisions, orders or directions of the commission will be treated as an offence and will invite punishment with a jail term up to five years or with fine up to Rs. One crore or with both. The appeals for the orders of the commission shall be heard by the National Green Tribunal and jurisdiction of civil courts over it has been barred.

Moreover, the commission shall have an exclusive jurisdiction over all the other existing bodies formed through judicial decisions or otherwise to tackle the problem of air pollution. In case of any conflict between the decisions of the commission and by the State governments, the commission’s decisions shall be prioritized, the Ordinance said.

BY:

Kumari Simran

Student Reporter