Air Quality Management in National Capital Region and Adjoining Areas Bill - law insider

By Prachi Singal

Published On : August 19, 2021 12:44 IST

Introduction

The management of Air quality in the National Capital Region has been an area of concern for a long period of time. Various bodies have been set up by the governments and the courts to look into the quality of air in Delhi-NCR region but lack of co-ordination and passing on of responsibilities between these bodies has resulted in no good and the problem persists.

Recently the Union Minister for Environment, Forests and Climate, Bhupender Yadav introduced The Commission for Air Quality Management in National Capital Region and Adjoining Areas Bill, 2021 (hereinafter ‘the Bill’) in Parliament and the same was passed by both the Houses with overwhelming support.

The Bill was introduced to set up a Commission for Air Quality Management in National Capital Region and Adjoining Areas (hereinafter ‘the Commission’) to ensure there is better co-ordination and streamlining of efforts in research, identification and resolution of problems concerning the air quality index in the NCR and adjoining states.

The Commission is a statutory body having overriding power over multiple bodies, in matters related to air quality, which includes the Central Pollution Control Board (CPCB), the state pollution control boards, the state governments in the region, including Delhi, Haryana, Uttar Pradesh, and Rajasthan, and the Environment Pollution (Prevention and Control) Authority (EPCA) of the National Capital Region.

What is the need for the Act?

As stated in the statement of objects and reasons of the Bill:

“There is a need 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.”

Yet there is lack of a permanent and dedicated framework which provides for a collaborative and participative approach involving relevant Central Ministries, State Governments, local bodies and other stakeholders to tackle air pollution, in the National Capital Region and Adjoining Areas. Also lack of inter- state and inter-city co-ordination between these various bodies makes it difficult to execute the present legal regime.

On various occasions the Supreme Court of India has stepped up to oversee the problem of air pollution in the National Capital Region and ensure inter-state harmony. In compliance of directions of the Hon’ble Supreme Court in the case of M.C. Mehta Vs Union of India[i],the Environment Pollution (Prevention and Control) Authority for the National Capital Region was set up in 1998.

Also, the Supreme Court in Aditya Dubey Vs Union of India[ii]had further appointed a one-man Monitoring Committee to monitor the measures taken by the States to prevent stubble burning.

However, it is now deemed necessary to have in place a statutory authority with appropriate powers that would be responsible for taking comprehensive measures to tackle air pollution, with power to coordinate with concerned States and the Central Government and issue directions to statutory authorities established under various laws.

Keeping the above in consideration, the Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020 (Ord.13 of 2020) was promulgated by the President of India on the 28th of October 2020 but it lapsed on the 12th of March, 2021. In pursuance of the same objective, the Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2021 (Ord. 4 of 2021) was promulgated by the President of India on the 13th ofApril 2021 and this Bill seeks to replace this ordinance.

What is the aim of the Bill?

The Bill aims to provide for a body that would consolidate all the activities concerning air quality management in National Capital Region and Adjoining Areas and to ensure that research, identification and resolution of problems surrounding the air quality index and for matters connected therewith are conducted in comprehensive and efficient manner.

What does the Bill offer?

The Commission for Air Quality Management in National Capital Region and Adjoining Areas Bill, 2021 seeks to replace the Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2021 and provides for :

  • Setting up of the Commission for Air Quality Management in National Capital Region and Adjoining Areas;
  • Constituting three Sub-Committees to assist the Commission, viz., Sub-Committee on Monitoring and Identification; Sub-Committee on Safeguarding and Enforcement; and Sub-Committee on Research and Development;
  • The powers and functions of the Commission;
  • The penalty for contravention of provisions of Act, rules, order or direction;
  • The imposition of Environmental Compensation by the Commission for causing air pollution by stubble burning.[iii]

Through this Bill, the Commission also replaces the Environment Pollution (Prevention and Control) Authority because of its limiting efficacy and lack of penal provisions.

How does the Bill define Adjoining Areas?

Adjoining areas as defined by the Bill are:

“The areas in the States of Haryana, Punjab, Rajasthan and Uttar Pradesh, adjoining the National Capital Territory of Delhi and the National Capital Region, where any source of pollution is located, causing adverse impact on air quality in the National Capital Region[iv].”

It is well known that air pollution is not a local phenomenon, and it can affect the areas that are far away from the source of pollution. Keeping that in mind it was deemed necessary to take up immediate legislative measures to set up a Commission for Air Quality Management not just for National Capital Region but also for Adjoining Area, which would ensure the inter-State co-operation, the expert involvement and persistent research and innovation.

What are the functions of the Commission?

The primary function of the Commission includes 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 and coordinate the actions taken by the Governments of the National Capital Territory of Delhi and the States of Punjab, Haryana, Rajasthan and Uttar Pradesh, officers and other authorities under this Act.Clause 12 of the Bill lays down the functions of the Commission and some of the main functions are –

  • Planning and execution of a programme for prevention, control and abatement of air pollution for the region;
  • Providing the framework 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;
  • Specifying  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; and
  • Creating a workforce to deal with the issues related to air pollution and achieve the objects of the bill.

What are the powers of the Commission?

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 the 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.[v]The decisions of the commission have the overriding effect with respect to anything contained in any other law.

The commission also has power to supersede other bodies in matters related to air pollution.In case of conflict between the Commission, the Governments of the States, the Central Pollution Control Board or the State Pollution Control Boards of the States with respect to air pollution, the order of the commission shall prevail.

Apart from these general powers, the commission has the power to investigate and inspect premises and to pass such orders that are necessary for the prevention, control and abatement of air pollution in the region. It has the power to direct—

  • The closure, prohibition or regulation of any industry, operation or process; or
  • Stoppage or regulation of the supply of electricity or water or any other service.[vi]

What is the Composition of the Commission?

By notification in the Official Gazette,the Central Government shall constitute the commission to exercise the powers and perform the functions laid down under this Bill.

The Commission will be led by a full-time Chairperson having experience of not less than 15 years in the field of environment protection and pollution control or having administrative experience of not less than 25 years. The members of the commission will also include-

  • A representative of the Secretary to the Government of India in the Ministry of Environment, Forest and Climate Change, ex officio;
  • Five ex officio Members who are either Chief Secretaries, or Secretaries in-charge of the department dealing with environment protection in the National Capital Territory of Delhi and the States of Punjab, Haryana, Rajasthan and Uttar Pradesh;
  • One full-time Member who is or has been a Joint Secretary to the Government of India;
  • Three full-time independent technical Members to be appointed from amongst persons having specific knowledge and experience in matters relating to air pollution;
  • One technical Member from the Central Pollution Control Board, ex officio;
  • One technical Member to be nominated by the Indian Space Research Organisation, ex officio;
  • Three Members from non-Governmental organisations having experience in matters concerning combating of air pollution;
  • One representative of the National Institution for Transforming India, not below the rank of Joint Secretary or Adviser, ex officio;
  • One officer in the rank of Joint Secretary to the Government of India to be appointed by the Central Government as a full-time Member-Secretary of the Commission;
  • Three members, being stakeholders from such sectors as agriculture, industry, transport or construction.[vii]

The Commission may also co-opt persons as Associate Members from various ministries which include Ministry of Power,Ministry of Road Transport and Highways, Ministry of Housing and Urban Affairs etc.

What are some of the penalties defines in the Bill?

Clause 14(1)of the Bill lays down that:

“Any non-compliance or contravention of any provisions of this Act, 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”.

However, this provision will not apply to any farmer for causing air pollution by stubble burning or mismanagement of agricultural residue. This came after the unions raised their voices during the farmer’s protest against penalization of stubble burning.

Interestingly, Clause 15 of the Bill empowers the Commission to collect compensation from farmers causing air pollution by stubble burning. It states that the commission may impose and collect environmental compensation from farmers causing air pollution by stubble burning, at such rate and in such manner, as may be prescribed.

This provision has faced backlash in the Parliament and though the Union Environment Minister had assured that Clause 14 of the Bill decriminalizes the entire process of compensation collection from farmers, the contradicting nature of these provisions is a cause of concern and requires proper revision.

Conclusion

The government’s initiative to set up the commission and consolidate the monitoring and management efforts in the NCR and adjoining region is a step in right direction to curb the menace of air pollution. Unfortunately, this Bill faces its due defects.

The contradicting nature of Clause 14 and 15 of Bill is a concern and needs to be addressed in a proper manner.The Bill also provides that no civil court will have jurisdiction to entertain any suit, proceeding or dispute pertaining to or arising out of the actions taken or directions issued by the commission.

The orders of the commission can only be contested through appeal before the National Green Tribunal. This is an area of grave concern as the Environmentalists believe that this restricts legal action that can be taken against matters related to air pollution in this region as presently citizen can directly approach the Supreme Court and other courts with these issues. Proper and early review of these provisions can help in addressing these issues.

References


[i]M.C. Mehta Vs Union of India and Others, W.P. (C) No.13029/1985

[ii]Aditya Dubey (minor) and Another Vs Union of India and Others, W.P(C) No. 1135/2020

[iii]The Commission for Air Quality Management in National Capital Region and Adjoining Areas Bill, 2021 (Bill No. 110 of 2021), Statement of objects and reasons

[iv]The Commission for Air Quality Management in National Capital Region and Adjoining Areas Bill, 2021 (Bill No. 110-C of 2021), cl. 2(1)(a)

[v]Id., cl. 12(1)

[vi]Id., cl. 12(2)

[vii]Id., cl. 3

Related Post