In a first, the Centre on Thursday brought a new Ordinance for tackling air pollution in Delhi-National Capital Region (NCR). The President signed the Ordinance titled ‘The Commission For Air Quality Management in the National Capital Region and Adjoining Areas, 2020’.
This is the first time the Centre has formed a legislative commission for air pollution under the Environment Protection Act (EPA),1986. Though there is already an Environment Pollution (prevention & control) Authority (EPCA) formed in 1998 after a Supreme Court order, its powers and functions are limited especially in matters of coordination with states.
The ordinance entails setting up a commission with 18 members including a chairperson and secretary and eight associate members from different ministries which will have “exclusive jurisdiction” in the NCR on matters relating to air quality management. It has been provided discretionary authority to search, seize any polluting site and also issue a warrant.
Apart from seven central ministries, the commission will also have representation from five states, Central Pollution Control Board, Indian Space Research Organisation, NITI Aayog and pollution experts and NGOs.
The commission will coordinate with states of Punjab, Haryana, Rajasthan, Delhi and Uttar Pradesh to plan, execute and monitor programmes for “prevention, control and abatement of air pollution”.
The commission has been bestowed with the authority to shut down or prohibit any industry or operations which causes air pollution. It can also regulate the supply of electricity and water supply to polluting sources. In case of any hindrance faced by the commission at any polluting site, it will have the powers to seize and search under the Code of Criminal Procedure, 1973 and issue a warrant under section 94 of the Code.
It will also formulate parameters for air quality, emissions and discharge of environmental pollutants and monitor its adherence. It will also have powers to inspect sites and investigations and carry out research relating to air pollution.
“It will provide a mechanism and means to implement in NCR the National Clean Air program, National Air Quality Monitoring Programme, National Ambient Air Quality Standards,” said the Ordinance.
Apart from tackling the problem of stubble burning, the commission would also identify other polluting sources, oversee plantations, carry out awareness drives and promote research.
The commission will furnish an annual report to the Centre enlisting the work done during the financial year. The commission and its work would only be tried at the National Green Tribunal.
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