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Ordinance To Fix Air Quality In Delhi-NCR

  • 31 Oct 2020

  • The Union Government has come up with a law, through an Ordinance, for tackling air pollution in the Delhi-National Capital Region (NCR) and setting up a commission for it.
  • The President signed the ordinance on 29th October 2020 titled 'The Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020'.
  • This commission for air quality management will replace the EPCA (environment pollution and prevention control authority) which was formed by the Supreme Court as the apex monitoring body in matters of pollution in the country.
  • This is the first time that the Centre has formed a legislative commission for air pollution.

Composition of the Commission

  • Against seven members of the Environment Pollution (prevention & control) Authority (EPCA), formed in 1998, which was dissolved, the new Commission will have 18 members, including a chairperson and secretary as well as eight associate members from different ministries.
  • Apart from seven central ministries, the commission will have also representation from five states, Central Pollution Control Board, Indian Space Research Organisation, NITI Ayog, pollution experts and NGOs.
  • The full-time chairperson and full-time members will be appointed by the central government.
  • The chairperson or members shall hold office for three years.

Why EPCA was dissolved?

  • The Environment Pollution (Prevention and Control) Authority (EPCA) was not a statutory body but drew legitimacy from the Supreme Court.
  • The EPCA was not, however, supported by a legal framework in the form of a law.
  • It did have the authority to issue fines or directions and guidelines to the governments in other states.
  • It had no state representatives, just two permanent members.

Authority of the Commission

  • The commission will have the authority to shut down or regulate water and electricity supply to industries or sites which cause air pollution.
  • It will also have the powers to seize and search under the Code of Criminal Procedure, 1973 and also issue a warrant.
  • The commission can slap a penalty of Rs 1 crore and/or five-year jail term to those flouting air pollution norms.
  • It will also have powers to inspect sites and investigate as well as carry out researches relating to air pollution.
  • It will provide a mechanism and the means to implement in NCR the National Clean Air Programme, National Air Quality Monitoring Programme and National Ambient Air Quality Standards.
  • The commission will also formulate parameters for air quality, emissions and discharge of environmental pollutants, including stubble burning and monitor its adherence.

Jurisdiction

  • It will have “exclusive jurisdiction” in the NCR on matters relating to air quality management.
  • It will co-ordinate with the states of Punjab, Haryana, Rajasthan, Delhi and Uttar Pradesh to plan, execute and monitor programmes for “prevention, control and abatement of air pollution.”

Dispute Redressal

  • In case of any dispute with regard to the commission and its order, the case would be heard only at the National Green Tribunal.