New Delhi: The Center has brought in a new law through ordinance to set up a commission to tackle the problem of air pollution in Delhi-National Capital Region (NCR), amid Supreme Court hearings on the matter, with provisions of punishing violations of parameters laid down by it with a fine of up to ₹1 crore or a jail…
What has happened?
- The Centre has brought in a new law through an Ordinance to deal with the problem of air pollution in Delhi-National Capital Region (NCR) and adjoining areas.
- This law comes into force with immediate effect.
Name of the ordinance
- The ordinance will be called-
- The Commission for Air Quality Management in the National Capital Region and Adjoining Areas Ordinance, 2020.
- It’ll apply to the NCR and adjoining areas on matters pertaining to air pollution only.
What is there in this new law?
- The law provides for a powerful permanent Commission of over 20 members,
- For air quality management through strict measures, better coordination, research, identification and resolution of problems surrounding the air quality index.
- Any non-compliance or contravention of any provisions/rules or order/direction of the Commission will be an offence punishable with a jail term up to five years or with fine up to Rs one crore or with both.
Not just limited to private sector
- The law provides for action against the head of department,
- If the particular department will be deemed to be guilty of the offences/violations of the order/direction of the Commission under this new law.
About the commission
- The Commission will have power to-
- Take mitigation measures,
- Issue directions/orders suo moto and
- Entertain complaints under any other existing laws such as-
- The Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986.
- It will also have power to prohibit activities that are likely to cause or increase air pollution in the NCR and adjoining areas.
- The Commission, headed by a full-time chairperson of secretary-rank or chief secretary-rank bureaucrat.
- It will also have three sub-committees –
- One on ‘monitoring and identification’,
- Second on ‘safeguarding and enforcement’ and
- Third on ‘research and development’
- To tackle the issue of air pollution in Delhi, Haryana, Punjab, Rajasthan and western Uttar Pradesh.
- The Commission and all the three sub-committed will have representations from Delhi and neighbouring states.
- This permanent body seeks to replace all the existing committees,
- In order to streamline public participation, better coordination, enforcement, inter-state cooperation, expert involvement and R&D.
Members of the commission
- The members of the Commission include-
- Secretary in the Union environment ministry,
- Senior officials from Delhi, Punjab, Haryana, UP and Rajasthan,
- One technical member from the Central Pollution Control Board,
- Representatives from Niti Aayog and several central ministries such as transport, urban affairs and petroleum & natural gas,
- Also experts from scientific institutions and NGOs.
Appointment and Tenure
- A selection committee, headed by the Union environment minister, will recommend names for the post of chairperson and other members of the Commission.
- The chairperson will hold the post for three years or until she/he attains the age of 70 years.
Conflict of power
- Its powers and duties will not be in derogation of the powers, functions and duties of the Centre and states and the Pollution Control Committee of Delhi.
- In case of conflict in orders or directions of the panel and states or pollution control boards, the order of the commission will prevail, states the ordinance.
Pollution in Delhi
- Like every year, Delhi is experiencing the worst-of-its-kind air pollution these days.
- The national capital’s overall air quality inched closer to the ”severe” category on Thursday morning.
- In the wake of rising pollution levels, the Delhi government will launch an anti-firecracker campaign from November 3 and request people not to burn crackers.
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