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MEMBERS' REFERENCE SERVICE
LARRDIS
LOK SABHA SECRETARIAT
NEW DELHI
LEGISLATIVE NOTE For the use of Members of Parliament NOT FOR PUBLICATION
No.02/LN/Ref/January/2021
THE COMMISSION FOR AIR QUALITY MANAGEMENT IN NATIONAL
CAPITAL REGION AND ADJOINING AREAS ORDINANCE, 2020
_________________________________________________________________________________________ The Legislative Note is for personal use of the Members in the discharge of their Parliamentary duties, and is not for publication. This Service is not to be quoted as the source of information as it is based on the sources indicated at the end.
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1
1 The Ordinance is not reproduced as it is 24 pages. Further details of the Ordinance, see the link provided
below: 222804.pdf (egazette.nic.in)
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Objects of Ordinance
The Ordinance has been promulgated by the President of India on 28th
October 2020, to provide for the constitution of the Commission for Air Quality
Management in the 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.
Background of the Ordinance
The quality of air in the National Capital Region and Adjoining Areas
remains a major cause of concern for long time. With the onset of winter every
year, Delhi and the surrounding National Capital Region (NCR) witnesses
alarmingly poor quality of air.
It has become necessary 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 by controlling or eliminating the activities of
stubble burning, vehicular pollution, road dust and urban construction, etc.
The Committee appointed under the Environment (Protection) Act, 1986
has taken measures to deal with the menace of air pollution specially in the
National Capital Region. But the quality of air remains a cause of concern on
account of the absence of a statutory mechanism for vigorous implementation of
measures put in place.
By orders passed from time to time, the Courts2 have also set up ad hoc
committees to aid and assist the monitoring of the implementation of its orders
and generally to take steps to deal with air pollution. But 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
2 Annexure
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footing, with power to coordinate with relevant States and the Central
Government and issue directions to statutory authorities established under
various laws.
India is committed to create a clean environment and pollution free air as
mandated in the Constitution of India. 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 has been noticed that there is a 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. It has been further noticed that sources of air pollution,
especially in the National Capital Region, consists of a variety of factors which
are beyond the local limits of the National Capital Region. It has been
emphasised that special focus is required on all sources of air pollution which
are associated with different economic sectors, which inter alia include power,
agriculture, transport, industry, residential and constructions. In that manner, it
has been noticed that air pollution is not a localized phenomenon, the effect is
felt in areas even far away from the source, thus creating the need for regional-
level initiatives through inter-State and inter-city coordination in addition to
multi-sectorial synchronization.
Due to the absence of an inter-sectorial, public participative, multi-state
dynamic body, the Supreme Court has been monitoring, supervising and
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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. Further due to the above stated absence of an inter-
sectorial, public participative, multi-state dynamic body, the Supreme Court has
had to devote its precious time in constituting various ad-hocs or permanent
committees at various stages to oversee the problem of air pollution in the
National Capital Region and suggest mitigations measures. Previously, in
compliance with the directions of the Supreme Court, the Central Government
of India had constituted the Environment Pollution (Prevention and Control)
Authority (EPCA) for the National Capital Region with effect from 29 Jan 1998.
Initially, the tenure of the said authority was two years, but was extended from
time to time. The powers and functions of EPCA were limited to section 5 of
the Environment Protection Act, 1986 and limited to State of Delhi without any
collaboration with other nearby States thereby limiting its efficacy.
The Supreme Court also noting the lack of inter-state co-operation, on
multiple occasion has directed the presence of the Chief Secretaries of the four
States in question i.e. Punjab, Haryana, Delhi, and Uttar Pradesh in order to
ensure inter-State co-operation. Further, due to lack of an oversight mechanism
over the joint functioning of the States on issues concerning air pollution, and
specifically stubble burning, the Supreme Court had further appointed a one -
man Monitoring Committee under former Supreme Court Judge Madan Lokur
to monitor the measures taken by the States to prevent stubble burning. The
Supreme Court has, on numerous occasion sought to improve and propose
innovative measures and research initiative to resolve the problem of air
pollution.
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 the above-mentioned limited
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and ad-hoc measures, it is deemed fit to set-up a Commission for Air Quality
Management in National capital Region and Adjoining Areas. The said
Commission seeks to replace the above-mentioned Committees in order to
streamline the public participation, the inter-State cooperation, the expert
involvement and persistent research and innovation.
The three broad sectors of the participation process which the
Commission seeks to enable would include, monitoring of air pollution,
enforcement of laws post such monitoring and research and innovation.
The Ordinance seeks to provide a broad based Central Commission under
which at least three separate Sub Committee can function in the above
mentioned fields in order to synergise the collaborative efforts to alleviate the
recurring problems associated with air pollution in the National Capital Region.
Further, the Commission would provide a consolidated and conjoint
approach in monitoring, tackling and research in air pollution, and specifically
monitoring the measures taken by the States to prevent factors causing air
pollution like stubble burning, industrial emissions, road dust, vehicular
pollution, construction activities, biomass burning and other major sources.
The Ordinance would further replace multitude of Committees, Task
forces, Commission and informal groups formed temporarily or otherwise, by
various orders of the Constitutional Courts or the Central Government or the
State Government concerned and to synergise the efforts, thereby limiting
duplication and ensuring constant policy innovations through inter-State and
inter-sectorial co-operation under the aegis of the Commission.
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Salient features of the Ordinance
The Ordinance consists of 5 chapters and 26 clauses.
The Ordinance constitute a Commission for Air Quality Management in
the Nation Capital Region and Adjoining Areas to exercise the power conferred
upon , and perform the functions assigned to curbing the air pollution in the
NCR and Adjoining Areas.
Functions of the Commission: The functions of the Commission include: (i)
co-ordinating actions taken under the Ordinance by the con State Governments
concerned (Delhi, Haryana, Punjab, Rajasthan, and Uttar Pradesh), (ii) planning
and executing plans to prevent and control air pollution in the region, (iii)
providing a framework for identification of air pollutants, (iv) conducting
research and development through networking with technical institutions, (v)
training and creating a special work force to deal with issues related to air
pollution, and (vi) preparing various action plans such as increasing plantation
and addressing stubble burning. (Chapter III Clause 12)
Powers of the Commission: The powers of the Commission include: (i)
restricting activities influencing air quality, (ii) investigating and conducting
research related to environmental pollution impacting air quality, (iii) preparing
codes and guidelines to prevent and control air pollution, and (iv) issuing
directions which will be binding on the concerned person or authority.
The Commission will be the sole authority with jurisdiction over matters
defined in the Ordinance (such as air quality management). In case of any
conflict, the orders or directions of the Commission will prevail over the orders
of the State governments (of Delhi, Haryana, Punjab, Rajasthan, and Uttar
Pradesh), the Central Pollution Control Board (CPCB), state PCBs, and State-
level statutory bodies. (Chapter III Clause 12)
Composition: The Commission will consist of: (i) a Chairperson, (ii) two Joint
Secretaries from the Central government, (iii) three persons with knowledge and
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expertise related to air pollution as independent technical members, and (iv)
three members from non-government organisations. The Commission will also
include ex-officio members: (i) from the Central government and concerned
State governments, and (ii) as technical members from CPCB, Indian Space
Research Organisation (ISRO), and NITI Aayog. Additionally, the Commission
may appoint representatives of certain ministries as associate members.
The Chairperson and members of the Commission will have a tenure of
three years or till the age of seventy years, whichever is earlier. (Chapter II
Clause 3(2))
Selection Committee: The appointment of the Chairperson and members of the
Commission will be done by the Central government on the recommendations
of a Selection Committee. The Committee will be headed by the Minister in-
charge of the Ministry of Environment, Forest and Climate Change as the
Chairperson. Further, the Committee will include the Cabinet Secretary and the
Ministers in-charge of: (i) the Ministry of Commerce and Industry, (ii) the
Ministry of Road Transport and Highways, and (iii) the Ministry of Science and
Technology. (Chapter II Clause 4)
Sub-Committees: The Commission is required to form at least three Sub-
Committees: (i) Sub-Committee on monitoring and identification, (ii) Sub-
Committee on safeguarding and enforcement, and (iii) Sub-Committee on
research and development. These Sub-Committees will be headed by: (i) a
member of the Commission, (ii) the Chairperson of the Commission, and (iii) a
technical member of the Commission, respectively.(Chapter II Clause 11)
Penalties: Any non-compliance or violation of the provisions of the Ordinance
or orders and directions of the Commission provides penalty of imprisonment
for term that may extend to 5 years or fine extending upto INR 1 Crore or with
both. Any appeals against the Commission’s orders will be heard by the
National Green Tribunal. (Chapter III Clause 14)
***
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PRESS COVERAGE
President signs ordinance for setting up commission to manage NCR air
quality
President signs ordinance for setting up commission to manage NCR air quality | India
News,The Indian Express
As per the ‘Commission for Air Quality Management in National Capital
Region and Adjoining Areas Ordinance 2020’, the body will be chaired by a
government official of the rank of Secretary or Chief Secretary, and will include
the Secretary Ministry of Environment, Forests and Climate Change and five
other Secretary/Chief Secretary level officials as ex-officio members.
NCR’s New Commission on Air Quality Isn’t Designed To Fix Air Quality
NCR's New Commission on Air Quality Isn't Designed To Fix Air Quality - The Wire
Science
The Central government has brought in a new law through an Ordinance which
was promulgated by the President on the 28 October, 2020. This is the second
instance in India where the Centre has issued an Ordinance on an issue related
to environment. The first one was in 1980 when the Forest (Conservation) Act,
1980 was initially passed as an Ordinance.
राष्ट्र पति ने तिल्ली-NCR में वायु गुणवत्ता प्रबंधन आयोग के गठन हेिु अध्यािेश जारी तकया
President signs Ordinance to constitute a Commission for Air Quality Management in NCR
and adjoining areas in Hindi (jagranjosh.com)
राष्ट्र पति रामनाथ कोत िंद ने 28 अकू्टबर 2020 को राष्ट्र ीय राजधानी के्षत्र में ायु गुण त्ता प्रबिंधन के
तिए एक ायु गुण त्ता आयोग का गठन करने और इसके तनकट िी के्षत्रोिं के तिए एक अध्यादेश
जारी तकया है. इस आयोग का मकसद यह होगा तक कैसे तदल्ली समेि पूरे एनसीआर में प्रदूषण
को तनयिंतत्रि तकया जाए.
प्रिूषण तनयंत्रण के तिए कें द्र िाया नया कानून, उलं्लघन करने पर 5 साि जेि या 1 करोड़ का
जुमााना
Center Brought New Law For Pollution Control In Delhi-ncr, For Violation 5 Years In Jail
Or Fine Of 1 Crore - प्रदूषण तनयिंत्रण के तिए कें द्र िाया नया कानून, उल्लिंघन करने पर 5 साि जेि
या 1 करोड़ का जुमााना - Amar Ujala Hindi News Live
तदल्ली-एनसीआर में ायु प्रदूषण की समस्या पर काबू पाने के प्रयासोिं के िहि कें द्र एक अध्यादेश के
जररए नया कानून िेकर आया है, जो िुरिंि प्रभा से िागू हो गया। त तध और न्याय मिंत्रािय द्वारा गुरु ार
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को जारी अध्यादेश में कहा गया तक प्रा धानोिं का उल्लिंघन करने पर पािंच साि िक जेि की सजा या
एक करोड़ रुपये का जुमााना या एक साथ दोनोिं सजा हो सकिी है।
तिल्ली-एनसीआर में वायु प्रिूषण पर तनयंत्रण के तिए सरकार ने िाया अनोखा कानून: सूत्र
Government brought unique legislation to control air pollution in Delhi-NCR: sources -
तदल्ली-एनसीआर में ायु प्रदूषण पर तनयिंत्रण के तिए सरकार ने िाया अनोखा कानून: सूत्र | India
News in Hindi (ndtv.com)
तदल्ली और आसपास के के्षत्रोिं में ायु गुण त्ता प्रबिंधन को देखने के तिए एक स्थायी सतमति
गतठि करने में सहायिा के तिए कें द्र सरकार ने एक अध्यादेश जारी तकया है. इसे िुरिंि
प्रभा से िागू तकया गया है. त तध और न्याय मिंत्रािय द्वारा गुरु ार को जारी अध्यादेश में
कहा गया तक प्रा धानोिं का उल्लिंघन करने पर पािंच साि िक जेि की सजा या एक करोड़
रुपये का जुमााना या एक साथ दोनोिं सजा हो सकिी है. इसमें कहा गया, ‘‘अध्यादेश को
NCR के्षत्र और इससे जुडे़ के्षत्रोिं में ायु गुण त्ता प्रबिंधन के तिए आयोग अध्यादेश 2020
कहा जा सकिा है. यह राष्ट्र ीय राजधानी के्षत्र और आसपास के उन इिाके िक िागू होगा,
जहािं ायु प्रदूषण से सिंबिंतधि मुदे्द हैं.''
NCR’s New Commission on Air Quality Isn’t Designed To Fix Air Quality
NCR's New Commission on Air Quality Isn't Designed To Fix Air Quality - The Wire
Science
The Central government has brought in a new law through an Ordinance which
was promulgated by the President on the 28 October, 2020. This is the second
instance in India where the Centre has issued an Ordinance on an issue related
to environment. The first one was in 1980 when the Forest (Conservation) Act,
1980 was initially passed as an Ordinance.
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Annexure3
The Supreme Court’s involvement in policies to curb air pollution in Delhi
began with public interest litigation brought to the court by M.C. Mehta in the
form of a petition no. 13029 filed December 17,1985. Concerned about rising
levels of air pollution and the government’s apparent lack of interest in dealing
with this growing problem, Mehta asked the court to direct various government
ministries and departments to implement the Air Act of 1981 in Delhi.
The Air Act gave the government authority to take action. Specifically, the Air
Act contains authority for CPCB to ‘lay down standards for the quality of air’,
to ‘advise the Central Government on any matter concerning the improvement
of the quality of air and the prevention, control, or abatement of air pollution’,
and to ‘perform such other functions as may be prescribed’. In 1986, in
response to Mehta’s petition, the Supreme Court directed the Delhi
administration to file an affidavit specifying the steps it had taken to reduce air
pollution.
After Mehta’s petition to the court, several new environmental laws were
enacted, as were policies to curtail tailpipe emissions from vehicles and to move
polluting industries from Delhi. However, these policies were rarely
implemented, and those that were can be characterized as largely piecemeal.
There was no evidence of a comprehensive plan to tackle the growing problem
of air pollution.
New legislation included the 1986 Environment (Protection) Act, an
amendment to the Air Act in 1987, the Motor Vehicles Act of 1988, and the
Central Motor Vehicle Rules of 1989. The 1988 Motor Vehicles Act and the
1989 Central Motor Vehicle Rules specifically added authority to set standards
for vehicular emissions for manufacturers and users. As a result, in 1990
vehicular exhaust emissions standards were set, imposing some obligations on
owners to maintain their vehicles so that they would not emit smoke, visible
vapor, grit, sparks, ashes, or cinders (Agarwal et al., 1996). Ambient air quality
standards were also prescribed for Delhi at this time by the Ministry of
Environment and Forests (MoEF) (The Statesman–Calcutta, January 2, 1991).
3 Urvashi Narain and Ruth Greenspan Bell, Who Changed Delhi's Air? Economic and Political
Weekly, Vol. 41, No. 16 (Apr. 22-28, 2006)
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Finally, a committee was set up in April 1991 under Professor H.B. Mathur, of
the Indian Institute of Technology in Delhi, to recommend vehicular mass
emissions standards for 1995 and 2000 (Anon., 1996). The standards were to
replace a voluntary program in which manufacturers self-certified their
vehicles’ performance (The Sentinel, May 31, 1989).
Starting from the early 1990s, however, the court began to push the government
to make good on its promises. The court’s efforts included direct orders and the
appointment of the Saikia Committee. The city’s air quality nevertheless
continued to deteriorate, and on November 8, 1996, the Supreme Court issued a
suo moto notice to the Delhi government to submit an action plan to control the
city’s air pollution (Agarwal et al., 1996). In 1996 and 1997, in response to
direct orders of the Supreme Court, both the Delhi government and the central
government finally developed action plans to curtail pollution in Delhi. These
were the first comprehensive policies on air pollution control.
Headed by former bureaucrat, Bhure Lal, Environmental Pollution Control
Authority (EPCA) assisted the top court to issue several directives to curb air
pollution in the National Capital Region (NCR) and also monitored
implementation of the measures issued in judicial orders.
Among some of the significant measures it suggested were the conversion of
diesel-run commercial vehicles to cleaner CNG fuel, the construction of
expressways to decongest Delhi from polluting trucks, a ban on entry of trucks
in Delhi, and the fast-track sale of BS-VI passenger vehicles (cleaner fuel
technology cars).4
The Supreme Court proved itself to be sufficiently above the day-to-day
pressure of politics that it could stand firm on the remedies recommended to it
by EPCA, and at the same time it made some reasonable, short-term
adjustments to adapt to various realities during the difficult transition to CNG.
4 CNG vehicles, expressways, green cess — what EPCA leaves behind for new pollution control body
(theprint.in)
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Source 1. The Commission For Air Quality Management In National Capital Region And
Adjoining Areas Ordinance, 2020. 222804.pdf (egazette.nic.in)
2. PIB Press Release dated, 09 November 2020
https://pib.gov.in/PressReleasePage.aspx?PRID=1671452
3. The Indian Express Newspaper dated 29 October 2020
President signs ordinance for setting up commission to manage NCR air quality |
India News,The Indian Express
4. Down to Earth dated, 29 October 2020
Delhi-NCR air quality commission: Order, order to new order (downtoearth.org.in)
5. Economic and Political Weekly (EPW )Vol. 41, No. 16, 2006.
Who Changed Delhi's Air? : | Economic and Political Weekly (epw.in)
Prepared by Shri C.V. Sai Ram, Junior Library Assistant and Shri V. Thomas Ngaihte, Additional
Director of Lok Sabha Secretariat under the supervision of Shri Pradosh Panda, Director (23034589)
and Smt. Kalpana Sharma, Additional Secretary (23034845)