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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LEGISLATIVE NOTE For the use of Members of Parliament NOT FOR PUBLICATION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The Legislative Note is for personal use of the Members in the discharge of their Parliamentary duties, and is not for publication.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)