New Law To Tackle Air Pollution In Delhi – Free PDF Download

What has happened?

• The Centre has brought in a new law through an Ordinance to deal with the problem of air pollution in Delhi-National Capital Region (NCR) and adjoining areas.
• This law comes into force with immediate effect.

Name of the ordinance

• The ordinance will be called-
• The Commission for Air Quality Management in the National Capital Region and Adjoining Areas Ordinance, 2020.
• It’ll apply to the NCR and adjoining areas on matters pertaining to air pollution only.

What is there in this new law?

• The law provides for a powerful permanent Commission of over 20 members,
• For air quality management through strict measures, better coordination, research, identification and resolution of problems surrounding the air quality index.
• Any non-compliance or contravention of any provisions/rules or order/direction of the Commission will be an offence punishable with a jail term up to five years or with fine up to Rs one crore or with both.

Not just limited to private sector

• The law provides for action against the head of department,
• If the particular department will be deemed to be guilty of the offences/violations of the order/direction of the Commission under this new law.

About the commission

• The Commission will have power to-
• Take mitigation measures,
• Issue directions/orders suo moto and
• Entertain complaints under any other existing laws such as-
• The Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986.
• It will also have power to prohibit activities that are likely to cause or increase air pollution in the NCR and adjoining areas.
• The Commission, headed by a full-time chairperson of secretary-rank or chief secretary-rank bureaucrat.
• It will also have three sub-committees –
• One on ‘monitoring and identification’,
• Second on ‘safeguarding and enforcement’ and
• Third on ‘research and development’
• To tackle the issue of air pollution in Delhi, Haryana, Punjab, Rajasthan and western Uttar Pradesh.
• The Commission and all the three sub-committed will have representations from Delhi and neighbouring states.
• This permanent body seeks to replace all the existing committees,
• In order to streamline public participation, better coordination, enforcement, inter-state cooperation, expert involvement and R&D.

Members of the commission

• The members of the Commission include-
• Secretary in the Union environment ministry,
• Senior officials from Delhi, Punjab, Haryana, UP and Rajasthan,
• One technical member from the Central Pollution Control Board,
• Representatives from Niti Aayog and several central ministries such as transport, urban affairs and petroleum & natural gas,
• Also experts from scientific institutions and NGOs.

Appointment and Tenure

• A selection committee, headed by the Union environment minister, will recommend names for the post of chairperson and other members of the Commission.
• The chairperson will hold the post for three years or until she/he attains the age of 70 years.

Conflict of power

• Its powers and duties will not be in derogation of the powers, functions and duties of the Centre and states and the Pollution Control Committee of Delhi.
• In case of conflict in orders or directions of the panel and states or pollution control boards, the order of the commission will prevail, states the ordinance.

Pollution in Delhi

• Like every year, Delhi is experiencing the worst-of-its-kind air pollution these days.
• The national capital’s overall air quality inched closer to the ”severe” category on Thursday morning.
• In the wake of rising pollution levels, the Delhi government will launch an anti-firecracker campaign from November 3 and request people not to burn crackers.

Q) Which of the following statements regarding ordinance is correct?

1. President can promulgate the ordinance even when Lok Sabha is in session but Rajya Sabha is not.
2. An ordinance can be retrospective in nature.
3. The Parliament has to approve it within six weeks from its reassembly.

1. 1 & 2 only
2. 2 & 3 only
3. 3 only
4. All of the above

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