The Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020

Table of Contents

The Full Copy of the Ordinance Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020 can be downloaded by clicking here

The President of India on 28th October, 2020 promulgated an ordinance called Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020 whereby the Government provided for the formation of a new body that shall oversee the issue of pollution in Delhi and adjoining NCR areas, which has been hammering the health of people residing in Delhi and adjoining areas.

What is this Act all about?

As mentioned in the Ordinance, this shall provide for the constitution of the Commission for Air Quality Management in National Capital Region and adjoining areas for better co-ordination, research, identification and resolution of problems surrounding the Air Quality Index and for matters connected therewith or incidental thereto. It has become necessary to evolve and implement a consolidated approach for monitoring, tackling and eliminating the cause for air pollution and identifying, specifying and rigorously enforcing measures for elimination and mitigation of air pollution including, but not limited to, controlling and eliminating the activities of stubble burning, vehicular pollution, road dust and urban construction.

What is the body created?

A statutory body shall be created by the Central Government which shall reestablish from the Environment Pollution Control Authority (EPCA) which has several important interventions at its disposal. The Commission shall exercise the powers conferred upon, and to perform the functions assigned to under the Ordinance. An appeal against any order, action or direction of the Commission shall lie only to the National Green Tribunal constituted under the National Green Tribunal Act, 2010

Who shall be the members of the body?

The Commission shall consist of members:

A full-time, ex-officio Chairperson who is or has been Secretary to the Government of India in the Ministry of Environment, Forest, and Climate Change, who shall be an officer not below the rank of Joint Secretary.
An ex-officio representative of the Secretary of the Government of India in the Ministry of Environment, Forest, and Climate Change, who shall be an officer not below the rank of Joint Secretary.
Five ex-officio members who are either Chief Secretaries, or Secretaries in-charge of the department dealing with environment protection in the states of Delhi, Punjab, Haryana, Rajasthan and Uttar Pradesh.
Two full-time members who are or have been Joint Secretaries of the Government of India.
Three full-time independent technical members to be appointed from amongst persons having specific scientific knowledge and experience in matters relating to air pollution.
One ex-officio technical member to be nominated by the Central Pollution Control Board.
One ex-officio technical member to be nominated by the Indian Space Research Organization.
Three members from non-governmental organizations having experience in matters concerning combating of air-pollution.
One ex-officio representative of National Institution for Transforming India, not below the rank of Joint-Secretary.

The Commission may also co-opt for the following persons as Associate Members, namely-

A representative of Ministry of Road Transport and Highways, not below the rank of Joint Secretary to the Government of India.
A representative of the Ministry of Power, not below the rank of Joint Secretary to the Government of India.
A representative of the Ministry of Housing and Urban Affairs, not below the rank of Joint Secretary to the Government of India.
A representative of the Ministry of Petroleum and Natural Gas, not below the rank of Joint Secretary to the Government of India.
A representative of the Ministry of Agriculture and Farmers’ Welfare, not below the rank of Joint Secretary to the Government of India.
A representative of Ministry of Commerce and Industry, not below the rank of Joint Secretary to the Government of India.
A representative of any association of commerce and Industry.
Such other Associate Member as may be prescribed.

Apart from this, there shall be a full-time Secretary who shall be the Chief Coordinating Officer of the Commission and shall assist in managing the affairs of the Commission.

Where shall be the office or Headquarters of the Commission?

The headquarters of the Commission shall be at Delhi and the Commission may, with the previous approval of the Central Government, establish offices at other places in National Capital Region or Adjoining Areas.

What is the Jurisdiction of the Commission?

Notwithstanding anything contained in any other law for time being in force, and notwithstanding any judgement or order of any court, the Commission shall have exclusive jurisdiction in the National Capital Region and Adjoining Areas in respect of matters covered by this Ordinance and no other body, authority, individual or committee shall have any power or jurisdiction in the matters covered under the Ordinance;

Provided that the powers, functions and duties of the Commission shall not be in derogation of the powers, functions and duties of the Central Government, the Governments of the State of Punjab, Haryana, Rajasthan, Delhi and Uttar Pradesh and Central Pollution Control Board, the State Pollution Control Boards of the States of Punjab, Haryana, Rajasthan and Uttar Pradesh and the Pollution Control Committee of the State of Delhi;

Provided further that in case of any conflict in the orders or directions of the Commission and the Government of the States of Punjab, Haryana, Rajasthan, Delhi and Uttar Pradesh or the Central Pollution Control Boards of States of Punjab, Haryana, Rajasthan and Uttar Pradesh or the Pollution Control Committee of the States of Delhi or any other statutory authority set up or established under a State Act, the order or direction of the Commission shall prevail.

What shall be the powers and functions of the Commission?

The powers and functions of the Commissions are as under –

Notwithstanding anything contained in any other law for 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 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.

In particular and without prejudice to the generality of abovementioned point no. 1, the Commission shall, for the purpose of abovementioned point no. 1, have the following powers to perform its duties, including taking measures to abate air pollution and to regulate or prohibit activities that are likely to cause or increase air pollution in the National Capital Region and Adjoining Areas, namely:-
Co-ordination of actions by the Government of States of Punjab, Haryana, Rajasthan, Delhi and Uttar Pradesh, officers and other authorities under this ordinance or rules made thereunder or under any other law for the time being in force, which is relatable to the objects of this ordinance;
Planning and execution of a program for the region for the prevention, control and abetment of air pollution;
Laying down parameters for the quality of air in its various aspects;
Laying down parameters for emission or discharge of environmental pollutants from various sources whatsoever that have implications on air quality in the region;

Provided that different parameters for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources that have implications on air quality in the region;

restriction of areas in which any industries, operations or processes or class of industries, operations or processes, that have implications on air quality in the region, shall not be carried out or shall be carried out subject to certain safeguards;
carrying out and requiring investigations and research relating to problems of environmental pollution that have implications on air quality in the region;
inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of air pollution in the regions;
collection and dissemination of information in respect of matters relating to air pollution in the region;
preparation of manuals, codes or guides relating to the prevention, control and abatement of air pollution in the region;
appoint officers, with prior approval of the Central Government, with such designations as it thinks fit for the purposes of this Ordinance and may entrust to them such of the powers and functions under this Ordinance or for the purposes of achieving the objects of this Ordinance as it may deem fit.
issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions.

Explanation- For avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct-

(a) the closure, prohibition or regulation of any industry, operation or process; or

(b) stoppage or regulation of the supply of electricity or water or any other services.

3a) Subject to the provisions of this section, any person authorized by the Commission in this behalf shall have a right to enter, at all reasonable times and with such assistance as he considers necessary, any place, for the purpose of –

(i) performing any of the functions of the Commission entrusted to him;

(ii) determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Ordinance or the rules made thereunder or any notice order, direction or authorization served, made, given or granted under this Ordinance is being or has been complied with;

(iii) examining and testing any equipment, industrial plant, record, register, document or any other material object or for conducting a search of any building in which he has reasons to believe that an offence under this Ordinance or the rules made thereunder has been or is being or is about to be committed and for seizing any such equipment, industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence of the Commission of an offence punishable under this Ordinance or the rules made thereunder or that such seizure is necessary to prevent or mitigate environmental pollution.

b) every person carrying on any industry, operation or process or handling any hazardous substance shall be bound to render all assistance to the person empowered by the Commission under clause (a) for carrying out the functions under that clause and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this Ordinance.

c) if any person willfully delays or obstruct any person authorized by the Commission under clause (a) in the performance of his functions, he shall be guilty of an offence under this Ordinance.

d) the provisions of the Code of Criminal Procedure, 1973 shall apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code or, as the case may be, under the corresponding provisions of the said law.

4a) The Commission or any officer authorized by it in this behalf, shall, for the purpose of analysis, have power to take samples of air from any factory, premises or other place in such manner as may be prescribed.

b) the result of any analysis of a sample taken under clause (a) shall not be admissible in evidence in any legal proceeding unless the provisions of clause (c) and (d) are complied with.

c) subject to the provisions of clause (d), the person taking the same under clause (a) shall –

(i) serve on the occupier or his agent or pe3rson in charge of the place, a notice, then and there, in such form as may be prescribed, of his intention to have it so analyzed.

(ii) in the presence of the occupier or his agent or person, collect a sample for analysis;

(iii) cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent or person;

(iv) send without delay, the container or the containers to the laboratory established or recognized by the Central Government;

d) when a sample is taken for analysis under clause (a) and the person taking the sample serves on the occupier or his agent or person, a notice under sub-caluse (i) of clause (c), then, –

(i) in a case where the occupier, his agent or person willfully absents himself, the person taking the sample shall collect the sample for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample; and

(ii) in a case where the occupier or his agent or person present at the time of taking the sample refuses to sign the marked and sealed container or containers of the sample as required under sub-clause (iii) of clause (c), the marked and sealed container or containers shall be signed by the person taking the samples,

And the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or recognized by the Central Government and such person shall inform the Government Analyst appointed or recognized, about the willful absence of the occupier or his agent or person, or, as the case may be, his refusal to sign the container or containers.

5) In discharge of its functions and exercising of its authority, the Commission and the Sub-Committees mentioned in section 11 shall be found by such general or specific directions of the Central Government, as may be issued from time to time.

6) For removal of doubts, it is hereby clarified that notwithstanding anything contained in any other law for the time being in force, and notwithstanding any judgment or order of any court, and subject to the provisions of this Ordinance, the Commission shall have exclusive jurisdiction in respect of matters covered by this Ordinance and no other body or authority or committee or individual shall have any power or jurisdiction in that matter.

7) In particular and without prejudice to the generality of the foregoing provisions, the Commission shall perform all or any of the following functions, namely :-

a) take up matters suomotu or on the basis of complaints made by any individual, representative body or organization functioning in the field of environment, against any individual, association, company, public undertaking or local body carrying on any industry, operation or process;

b) provide the mechanism and the means to implement in the National Capital Region and Adjourning Areas –

(i) the National Clean Air Programme;

(ii) the National Air Quality Monitoring Programme;

(iii) the National Ambient Air Quality Standards;

c) provide an effective framework and platform in the National Capital Region and Adjourning Areas for –

(i) source identification of air pollutants on a periodic basis;

(ii) taking on-ground steps for curbing air pollution;

(iii) specific research and development in the field of air pollution;

(iv) synergizing the energies and efforts of all stakeholders in developing innovative ways to monitor, enforce and research on the issues concerning air pollution;

(v) building a network between technical institutions working or researching in the field of air pollution;

(vi) international co-operation including starting of international best practices in the field of air pollution;

(vii) training and creating a specific work-force for tackling the problem of air pollution;

d) provide an effective frame work, action plan and take appropriate steps for –

(i) tackling the problem of stubble burning,

(ii) monitoring, assessing and inspecting air polluting agents;

(iii) increasing plantation;

e) monitoring the measures taken by the States to prevent stubble burning;

f) undertake and promise research in the field of air pollution;

g) spread awareness regarding air pollution among various sections of society and promote awareness of the collective steps that the public may take through publications, the media, seminars and other available means;

h) encourage the efforts of non-governmental organizations and institutions working in the field of air pollution;

i) any other functions as have been entrusted to any adhoc committee or commission or task force or body formed for the purpose of dealing with issues concerning air pollution, stubble or the monitoring of related factors, in pursuance of any judicial order passed for the time being in force;

j) such other functions as it my considered necessary for the prevention of air pollution in the National Capital Region and Adjourning Areas.

What shall be the punishment/ penalty for contravention of the provisions of this law?

The Criminal Procedure Code shall apply for the purpose of administration and application of the provisions and powers provided under this law which shall be –

Any non-compliance or contravention of any provisions of this Ordinance, 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.
1. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the offence under this Ordinance shall be non-cognizable and shall be triable by the Judicial Magistrate of the First Class who shall not take cognizance of the offence except upon a complaint made by the Commission or any officer authorized by the Commission in this behalf.
1. Where any offence under this Ordinance has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
1. Notwithstanding anything contained in sub-section (3), where an offence under this Ordinance has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
1. Where an offence under this Ordinance has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
1. Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offences.
1. Notwithstanding anything contained in sub-section (5), where an offence under this Ordinance has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Where will the appeal lie if a person is aggrieved against any order, action or direction of the Commission?

An appeal shall lie only to the National Green Tribunal constituted under the National Green Tribunal Act, 2010 against any order, direction or action taken by or on behalf of the Commission constituted under section 3 of the Ordinance.

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The Full PDF Copy of the Ordinance can be downloaded by clicking here