Official Legislative Archive

The Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2021

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No.25] NEW DELHI, TUESDAY, APRIL 13, 2021/CHAITRA 23, 1943 (SAKA)

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•jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—21 REGISTERED NO. DL—(N)04/0007/2003—21

•MINISTRY OF LAW AND JUSTICE

•(Legislative Department)

•New Delhi, the 13 th April, 2021/ Chaitra 23 , 1943 ( Saka )

•THE COMMISSION FOR AIR QUALITY

•MANAGEMENT IN NATIONAL CAPITAL REGION

•AND ADJOINING AREAS ORDINANCE, 2021

NO.4 OF 2021

•Promulgated by the President in the Seventy-second

•Year of the Republic of India.

•An Ordinance to provide for the constitution of the

•Commission for Air Quality Management in 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 or incidental thereto.

•सी.जी.-डी.एल.-अ.-13042021-226580

•CG-DL-E-13042021-226580

•2 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—

•

•WHEREAS the Commission for Air Quality Management

•in National Capital Region and Adjoining Areas Ordinance,

•2020 was promulgated by the President on the 28 thday of

•October, 2020;

Ord.13 of 2020.

•AND WHEREAS the Bill to replace the Commission for

•Air Quality Management in National Capital Region and

•Adjoining Areas Ordinance, 2020 has not been passed;

•AND WHEREAS the Commission constituted under

SECTION Section 10

Untitled Section

10.(1) The Commission shall meet at such time and place

•as the Chairperson may think fit.

(2)Subject to the provisions of this Ordinance and the

•rules made thereunder, the Commission shall have the power

•to lay down by regulations its own procedure.

(3)All orders and decisions of the Commission shall be

•authenticated by the Member-Secretary or any other officer

•of the Commission duly author ised by the Chairperson in

SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 9

•

•this behalf.

(4)The Commission may, by gene ral or special order,

•subject to such conditions and limitations, if any, as may be

•specified therein, delegate to the Chairperson, full-time

•member, Member-Secretary or any Sub-Committee

•constituted under section 11, su ch of its powers under this

•Ordinance (except the power to make regulations under

SECTION Section 11

Untitled Section

•section 25), as it may deem necessary or expedient for the

•purpose of protecting and improvi ng the quality of the air in

•the Nation Capital Region and Adjoining Areas.

11.(1) The Commission shall have at least the following

•three Sub-Committees––

(a)Sub-Committee on Monitoring and Identification;

(b)Sub-Committee on Safeguarding and Enforcement;

(c)Sub-Committee on Research and Development.

•Sub-

•Committees

•and other staff

•of

Commission.

(2)The Sub-Committee on Monitoring and Identification

•shall be headed by a Member of the Commission chosen by

•it and shall have the follo wing additional members,

•namely:—

(a)one representative from the Central Pollution Control

•Board;

(b)one representative each from the State Pollution

•Control Board or Committee, as the case may be, of the

•National Capital territory of Delhi, Punjab, Haryana,

•Rajasthan and Uttar Pradesh;

(c)one representative from the National Environmental

•Engineering Research Institute; and

(d)such other members as may be specified by

regulations.

(3)The Sub-Committee on Safeguarding and

•Enforcement shall be headed by the full-time Chairperson of

•the Commission and shall have the following additional

•members, namely :-

(a)one representative each, not below the rank of

•Secretary from the department tackling air pollution from the

•National Capital territory of De lhi and the States of Punjab,

•10 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—

•

•Haryana, Rajasthan and Uttar Pradesh;

(b)one representative each from the State Pollution

•Control Board or Committee, as the case may be, from

•National Capital territory of De lhi and the States of Punjab,

•Haryana, Rajasthan and Uttar Pradesh;

(c)one officer not below the rank of Inspector General of

•Police or equivalent from the National Capital territory of

•Delhi and the States of Punjab, Haryana, Rajasthan and Uttar

•Pradesh;

(d)such other members as may be specified by

regulations.

(4)The Sub-Committee on Research and Development

•shall be headed by a full-time technical member of the

•Commission and shall have the following additional

•members, namely :-

(a)two technical representatives from the National

•Environmental Engineering Research Institute;

(b)one technical representa tive each from research

•institutions or Universities or colleges or organisations in the

•National Capital territory of Delhi and in the States of

•Punjab, Haryana, Rajasthan and Uttar Pradesh;

(c)two technical representatives from the field of

•medicine and research worki ng or studying on the impact of

•air pollution on living beings;

(d)such other members as may be specified by

regulations.

(5)The Commission may also constitute such other Sub-

•Committees as it thinks fit.

(6)The members of the Sub-Committees, other than ex

•officio members, shall be paid su ch allowances as may be

prescribed.

(7)The Central Government, in consultation with the

•Commission, shall determine the nature and the categories of

•officers and other staff required to assist the Commission in

•the discharge of its functi on and provide the Commission

•with such officers and employees as it may deem fit.

SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 11

•

(8)The officers and other staff of the Commission shall

•discharge their duties and functions under the General

•Superintendence of the Chairperson.

(9)The salaries, allowances and conditions of service of

•the officers and other staff a ppointed under sub-section (7)

•shall be such as may be prescribed.

•CHAPTER III

•POWERS AND FUNCTIONS OF THE COMMISSION

12.(1) Notwithstanding anything contained in any other

•law for the time being in for ce, the Commission shall have

•the power to take all such m easures, 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 protec ting and improving the quality

•of the air in the National Capital Region and Adjoining

Areas.

•Powers and

•functions of

Commission.

•.

(2)In particular and without prejudice to the generality of

•sub-section (1), the Commission shall, for the purposes of

•sub-section (1), have the following powers to perform its

•duties, including taking measures to abate air pollution and to

•regulate or prohibit activities th at are likely to cause or

•increase air pollution in the National Capital Region and

•Adjoining Areas, namely:–––

(i)co-ordination of actions 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 Ordinance or the rules made thereunder

•or under any other law for the time being in force, which is

•relatable to the objects of this Ordinance;

•(ii) planning and execution of a programme for the region

•for the prevention, control and abatement of air pollution;

•(iii) laying down parameters for the quality of air in its

•various aspects;

•(iv) laying down parameters for emission or discharge of

•environmental pollutants from various sources whatsoever

•12 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—

•

•that have implications on air quality in the region:

•Provided that different pa rameters for emission or

•discharge may be laid down under this clause from different

•sources having regard to the quality or composition of the

•emission or discharge of envir onmental pollutants from such

•sources that have implications on air quality in the region;

(v)restriction of ar eas in which any industries, operations

•or processes or class of industr ies, operations or processes,

•that have implications on air quality in the region, shall not be

•carried out or shall be carri ed out subject to certain

•safeguards;

•(vi) carrying out and requiring investigations and research

•relating to problems of envir onmental pollution that have

•implications on air quality in the region;

•(vii) inspection of any premises, plant, equipment,

•machinery, manufacturing or ot her processes, materials or

•substances and giving, by order, of such directions to such

•authorities, officers or persons as it may consider necessary to

•take steps for the prevention, control and abatement of air

•pollution in the region;

•(viii) collection and dissemination of information in

•respect of matters relating to air pollution in the region;

•(ix) preparation of manuals, codes or guides relating to the

•prevention, control and abatem ent of air pollution in the

•region;

(x)appoint officers , with prior approval of the Central

•Government, with such designati ons as it thinks fit for the

•purposes of this Ordinance and may entrust to them such of

•the powers and functions under this Ordinance or for the

•purposes of achieving the objects of this Ordinance as it may

•deem fit.

•(xi) issue directions in wr iting to any person, officer or

•any authority and such person, o fficer or authority shall be

•bound to comply with such directions.

Explanation.—For avoidance of doubts, it is hereby

•declared that the power to issu e directions under this section

•includes the power to direct—

SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 13

•

(a)the closure, prohibition or regulation of any industry,

•operation or process; or

(b)stoppage or regulation of the supply of electricity or

•water or any other service.

(3)(a) Subject to the provisions of this section, any person

•authorised by the Commission in this behalf shall have a right

•to enter, at all reasonable times and with such assistance as he

•considers necessary, any place, for the purpose of —

(i)performing any of the functions of the Commission

•entrusted to him;

•(ii) determining whether and if so in what manner, any

•such functions are to be perf ormed or whether any provisions

•of this Ordinance or the rules made thereunder or any notice,

•order, direction or authoris ation served, made, given or

•granted under this Ordinance is being or has been complied

•with;

•(iii) examining and testing any equipment, industrial plant,

•record, register, document or a ny other material object or for

•conducting a search of any build ing in which he has reasons

•to believe that an offence unde r this Ordinance or the rules

•made thereunder has been or is being or is about to be

•committed and for seizing any such equipment, industrial

•plant, record, register, document or other material object if he

•has reasons to believe that it may furnish evidence of the

•Commission of an offence punishable under this Ordinance or

•the rules made thereunder or that such seizure is necessary to

•prevent or mitigate environmental pollution.

(b)every person carrying on any industry, operation or

•process or handling any hazardous substance shall be bound

•to render all assistance to the person empowered by the

•Commission under clause (a) fo r carrying out the functions

•under that clause and if he fails to do so without any

•reasonable cause or excuse, he shall be guilty of an offence

•under this Ordinance.

(c)if any person willfully delays or obstructs any person

•authorised by the Commission under clause (a) in the

•performance of his functions, he shall be guilty of an offence

•under this Ordinance.

•14 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—

•

(d)the provisions of the Code of Criminal Procedure,

•1973 shall apply to any search or seizure under this section as

•they apply to any search or seizure made under the authority

•of a warrant issued under secti on 94 of the said Code or, as

•the case may be, under the corr esponding provis ions of the

•said law.

•2 of 1974.

(4)(a) The Commission or any officer authorised by it in

•this behalf, shall, for the purpos e of analysis, have power to

•take samples of air from any f actory, premises or other place

•in such manner as may be prescribed.

(b)the result of any analys is of a sample taken under

SECTION Section 12

Untitled Section

•clause (a) shall not be admissi ble in evidence in any legal

•proceeding unless the provisions of clauses (c) and (d) are

•complied with.

(c)subject to the provisions of clause (d), the person

•taking the sample under clause (a) shall,—

(i)serve on the occupier or his agent or person in charge

•of the place, a notice, then and there, in such form as may be

•prescribed, of his intention to have it so analysed;

•(ii) in the presence of the occ upier or his agent or person,

•collect a sample for analysis;

•(iii) cause the sample to be placed in a container or

•containers which shall be marked and sealed and shall also be

•signed both by the person taking the sample and the occupier

•or his agent or person;

•(iv) send without delay, the co ntainer or the containers to

•the laboratory established or recognised by the Central

•Government;

(d)when a sample is taken for analysis under clause (a)

•and the person taking the sample serves on the occupier or his

•agent or person, a notice under sub- clause (i) of clause (c),

•then,—

(i)in a case where the occ upier, his agent or person

•wilfully absents himself, th e person taking the sample

•shall collect the sample for analysis to be placed in a

•container or containers which shall be marked and

•sealed and shall also be signed by the person taking the

SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 15

•

•sample; and

•(ii) in a case where the occupier or his agent or person

•present at the time of taking the sample refuses to sign

•the marked and sealed contai ner or containers of the

•sample as required under sub-cl ause (iii) of clause (c),

•the marked and sealed container or containers shall be

•signed by the person taking the samples,

•and the container or containers shall be sent w ithout delay by

•the person taking the sample for analysis to the laboratory

•established or recognised by the Central Government and

•such person shall inform the Government Analyst appointed

•or recognised, about the wilful ab sence of the occupier or his

•agent or person, or, as the case may be, his refusal to sign the

•container or containers.

(5)In discharge of its func tions and exercising of its

•authority, the Commission and the Sub-Committees

•mentioned in section 11 shall be bound by such general or

•specific directions of the Ce ntral Government, as may be

•issued from time to time.

(6)For removal of doubts, it is hereby clarified that

•notwithstanding anything containe d in any other law for the

•time being in force, and notwithstanding any judgment or

•order of any court, and subject to the provisions of this

•Ordinance, the Commission shall have exclusive jurisdiction

•in respect of matters covered by this Ordinance and no other

•body or authority or committee or individual shall have any

•power or jurisdiction in that matter.

(7)In particular and without pr ejudice to the generality of

•the foregoing provisions, the Commission shall perform all or

•any of the following functions, namely:––

(a)take up matters suomotu, or on the basis of complaints

•made by any individual, repres entative body or organisation

•functioning in the field of environment, against any

•individual, association, compa ny, public undertaking or local

•body carrying on any industry, operation or process;

(b)provide the mechanism and the means to implement in

•the National Capital Region and Adjoining Areas –

•16 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—

•

(i)the National Clean Air Programme;

•(ii) the National Air Quality Monitoring Programme;

•(iii) the National Ambient Air Quality Standards;

(c)provide an effective fram ework and platform in the

•National Capital Region and Adjoining Areas for –

(i)source identification of air pollutants on a periodic

•basis;

•(ii) taking on-ground steps for curbing air pollution;

•(iii) specific research and deve lopment in the field of air

•pollution;

•(iv) synergising the energies and efforts of all stakeholders

•in developing innovative ways to monitor, enforce and

•research on the issues concerning air pollution;

(v)building a network between technical institutions

•working or researching in the field of air pollution;

•(vi) international co-ope ration including sharing of

•international best practices in the field of air pollution;

•(vii) training and creating a special work-force for tackling

•the problem of air pollution;

(d)provide an effective fram e work, action plan and take

•appropriate steps for –

(i)tackling the problem of stubble burning;

•(ii) monitoring, assessing a nd inspecting air polluting

•agents;

•(iii) increasing plantation;

(e)monitoring the measures taken by the States to prevent

•stubble burning;

(f)undertake and promote rese arch in the field of air

•pollution;

(g)spread awareness regarding air pollution among

•various sections of society and promote awareness of the

•collective steps that the public may take through publications,

•the media, seminars and other available means;

(h)encourage the efforts of non-governmental

SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 17

•

•organisations and institutions working in the field of air

•pollution;

(i)any other functions as have been entrusted to any

•adhoc committee or commission or task force or body formed

•for the purpose of dealing with issues concerning air

•pollution, stubble burning or the monitoring of related factors,

•in pursuance of any judicial order passed for the time being in

•force;

(j)such other functions as it may consider necessary for

•the prevention of air pollution in the National Capital Region

•and Adjoining Areas.

13.(1) The Commission shall furnish to the Central

•Government an annual report co ntaining such details of the

•steps taken, proposals made, re searches awaited and other

•measures undertaken by it in pur suance of its functions under

SECTION Section 13

Untitled Section

•section 12, in such form and manner as may be specified by

regulations.

•Annual report.

(2)The Central Government shall cause the annual report

•furnished under sub-section (1) to be laid before each House

•of the Parliament.

SECTION Section 14

Untitled Section

14.(1) Any non-compliance or contravention of any

•provisions of this Ordinance, rules made thereunder or any

•order or direction issued by the Commission, shall be an

•offence punishable with impris onment for a term which may

•extend upto five years or with fine which may extend upto

•one crore rupees or with both.

•Penalty for

•contravention

•of provisions

•of Ordinance,

•rules, order or

direction.

•Provided that the provisions of this section shall not apply

•to any farmer for causing air pollution by stubble burning or

•mismanagement of agricultural residue.

•2 of 1974.

(2)Notwithstanding anything contained in the Code of

•Criminal Procedure, 1973, the offence under this Ordinance

•shall be non-cognizable and sha ll be triable by the Judicial

•Magistrate of the First Class who shall not take cognizance of

•the offence except upon a complaint made by the Commission

•or any officer authorised by the Commission in this behalf.

(3)Where any offence under this Ordinance has been

•committed by a company, every person who, at the time the

•18 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—

•

•offence was committed, was directly in charge of, and was

•responsible to, the company for the conduct of the business of

•the company, as well as the company, shall be deemed to be

•guilty of the offence and shall be liable to be proceeded

•against and punished accordingly:

•Provided that nothing contained in this sub-section shall

•render any such person liable to any punishment provided in

•this Ordinance, if he proves that the offence was committed

•without his knowledge or that he exercised all due diligence

•to prevent the commission of such offence.

(4)Notwithstanding anything contained in sub-section (3),

•where an offence under this Ordinance has been committed

•by a company and it is proved that the offence has been

•committed with the consent or connivance of, or is

•attributable to any neglect on the part of, any director,

•manager, secretary or other officer of the company, such

•director, manager, secretary or other officer shall also deemed

•to be guilty of that offence and shall be liable to be proceeded

•against and punished accordingly.

Explanation.—For the purposes of sub-sections (3) and

(4),—

(a)“company” means any body corporate, and includes a

•firm or other association of individuals; and

(b)“director”, in relation to a firm, means a partner in the

firm.

(5)Where an offence under this Ordinance has been

•committed by any Department of Government, the Head of

•the Department shall be deemed to be guilty of the offence

•and shall be liable to be proceeded against and punished

•accordingly:

•Provided that nothing containe d in this section shall

•render such Head of the Depart ment liable to any punishment

•if he proves that the offe nce was committed without his

•knowledge or that he exercised all due diligence to prevent

•the commission of such offence.

(6)Notwithstanding anything contained in sub-section (5),

•where an offence under this Ordinance has been committed

SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 19

•

•by a Department of Government and it is proved that the

•offence has been committed with the consent or connivance

•of, or is attributable to any neglect on the part of, any officer,

•other than the Head of the Depa rtment, such officer shall also

•be deemed to be guilty of that offence and shall be liable to be

•proceeded against and punished accordingly.

•2 of 1974.

(7)For the purpose of this sect ion and the procedure to be

•followed thereunder, the provisions of the Code of Criminal

•Procedure, 1973, shall apply.

15.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.

•Environmental

Compensation.

•CHAPTER IV

•FINANCE, ACCOUNTS AND AUDIT

16.(1) The Central Governme nt shall, after due

•appropriation made by Parliament by law in this behalf, pay

•to the Commission by way of gran ts such sums of money as

•the Central Government may think fit for being utilised for

•the purposes of this Ordinance.

•Grants by

•Central

Government.

(2)The Commission may spend such sums as it thinks fit

•for performing the functions under this Ordinance, and such

•sums shall be treated as expend iture payable out of the grants

•referred to in sub-section (1).

17.(1) The Commission shall maintain proper accounts

•and other relevant records and prepare an annual statement of

•accounts in such form as may be prescribed by the Central

•Government in consultation with the Comptroller and

•Auditor-General of India.

•Accounts and

audit.

(2)The accounts of the Commission shall be audited by

•the Comptroller and Auditor-General at such intervals as may

•be specified by him and an y expenditure incurred in

•connection with such audit shall be payable by the

•Commission to the Comptroller and Auditor-General.

(3)The Comptroller and Aud itor-General and any person

•appointed by him in connection with the audit of the accounts

•of the Commission under this Or dinance shall have the same

•20 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—

•

•rights and privileges and the authority in connection with such

•audit as the Comptroller and Auditor-General generally has in

•connection with the audit of Government accounts and, in

•particular, shall have the right to demand the production of

•books, accounts, connected vouchers and other documents and

•papers and to inspect any of the offices of the Commission.

(4)The accounts of the Commission, as certified by the

•Comptroller and Auditor-Gene ral or any other person

•appointed by him in this behalf, together with the audit report

•thereon shall be forwarde d annually to the Central

•Government by the Commission and the Central Government

•shall cause the audit report to be laid, as soon as may be after

•it is received, before each House of Parliament.

•CHAPTER V

•MISCELLANEOUS

Appeal.18. An appeal shall lie only to the National Green Tribunal

•constituted under the National Green Tribunal Act, 2010 against

•any order, direction or action taken by or on behalf of the

•Commission constituted under section 3 of this Ordinance.

•19 of 2010.

•Constitution of

•special

•investigation

teams.

SECTION Section 15

Untitled Section

19.Notwithstanding anything contained in any other law

•for the time being in force or any judicial order by any Court,

•where the Commission considers it necessary so to do, it

•may constitute one or more sp ecial investigation teams,

•consisting of such officers or such persons, as it thinks

•necessary, for purposes of carrying out its functions under

•this Ordinance.

•Power of

•Central

•Government to

•issue direction.

20.Notwithstanding anything cont ained in any other law

•for the time being in force, but subject to the provision of

•this Ordinance, the Central Government may issue in writing

•such direction, as it deems f it, to the Commission or any

•person, officer or authority authorised by the Commission,

•and the Commission, person, or authority, as the case may

•be, shall be bound to comply with such direction.

•Power of

•Central

•Government to

•call for

information.

SECTION Section 16

Untitled Section

21.The Central Government may, from time to time, call

•for such information and reports from the Commission, as it

•deems fit and the Commission shall be bound to provide

•such information and report.

SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 21

•

22.No civil court shall have jurisdiction to entertain any

•suit, proceeding or dispute pertai ning to or arising out of the

•actions taken or directions issued by the Commission in

•respect of any matter which the Commission is empowered by

•or under this Ordinance, except the National Green Tribunal

•referred to in section 18.

•Bar of

jurisdiction.

23.No suit or other legal proceeding shall lie against the

•Central Government, the Stat e Government, the Commission,

•or any Member thereof, or any person acting under the

•direction either of the Central Government, State

•Government, or the Commission in respect of anything which

•is in good faith done or intended to be done in pursuance of

•this Ordinance or of any rules or any order made thereunder.

•Protection of

•action taken in

•good faith.

•45 of 1860.

SECTION Section 17

Untitled Section

24.Every Member of the Commission and every officer

•appointed or authorised by the Commission to exercise

•functions under this Ordinance shall be deemed to be a public

•servant within the meaning of section 21 of the Indian Penal

Code.

•Members and

•officers to be

•public

servants.

25.(1) The Central Government may, by notification,

•make rules to carry out the provisions of this Ordinance.

•Power of

•Central

•Government to

•make rules.

(2)In particular and without pr ejudice to the generality of

•the foregoing power, such rules may provide for all or any of

•the following matters, namely:-

(a)the other Associate Memb ers under clause (h) of sub-

•section (3) of section 3;

(b)the manner of removal of Chairperson or a Member

•under sub-section (2) of section 5;

(c)the salaries and allowances payable to, and the other

•terms and conditions of service of, the Chairperson and

•Members under sub-section (1) of section 8;

(d)the allowance payable to the members, other than ex

•officio members of the Sub-Committees, under sub-section

(6)of section 11;

(e)the appointment of such officers and other staff under

•sub-section (7) of section 11;

•22 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—

•

(f)the salaries, allowances and conditions of service of the

•officers and other staff under sub-section (9) of section 11;

(g)the manner of taking samp les under clause (a), and the

•form of notice under sub-clause (i) of clause (c), of sub-

•section (4) of section 12;

(h)the rate at which, and the manner in which, the

•Environmental Compensation shall be imposed and collected

•under section 15;

(i)the form in which annual statement of accounts shall be

•prepared under sub-section (1) of section 17;

(j)any other matter which has to be, or may be,

prescribed.

(3)Every rule made under this Ordinance shall be laid, as

•soon as may be after it is made, before each House of

•Parliament, while it is in session, for a total period of thirty

•days which may be comprised in one session or in two or

•more successive sessions, and if , before the expiry of the

•session immediately following the session or the successive

•sessions aforesaid, both Houses agree in making any

•modification in the rule or both Houses agree that the rule

•should not be made, the rule sh all thereafter ha ve effect only

•in such modified form or be of no effect, as the case may be;

•so, however, that any such modification or annulment shall be

•without prejudice to the validit y of anything previously done

•under that rule.

•Power of

•Commission to

•make

regulations.

SECTION Section 18

Untitled Section

26.(1) Subject to the provisions of this Ordinance and the

•rules made thereunder, the Commission may, with the

•previous approval of the Central Government, by notification,

•make regulations to carry out the provisions of this

Ordinance.

(2)In particular and without pr ejudice to the generality of

•the foregoing power, such regula tions may provide for all or

•any of the following matters, namely:––

(a)the procedure to be followed by the Commission under

•sub-section (2) of section 10;

(b)the conditions and limitati ons subject to which power

•may be delegated by the Comm ission under sub-section (4),

•of section 10;

SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 23

•

(c)the members of each Sub-Committee under sub-

•sections (2), (3) and (4) of section 11;

(d)the form and the manner of furnishing annual report

•under section 13;

(e)any other matter which has to be, or may be, specified

•by regulations.

(3)Every regulation made by the Commission under this

•Ordinance shall be laid, as soon as may be after it is made,

•before each House of Parliament, while it is in session, for a

•total period of thirty days which may be comprised in one

•session or in two or more suc cessive sessions, and if, before

•the expiry of the session or th e successive sessions aforesaid,

•both Houses agree in maki ng any modification in the

•regulation or both Houses agree that the regulation should not

•be made, the regulation shall th ereafter have effect only in

•such modified form or be of no effect, as the case may be; so,

•however, that any such modifi cation or annulment shall be

•without prejudice to the validit y of anything previously done

•under that regulation.

27.(1) If any difficulty arises in giving effect to the

•provisions of this Ordinance, the Central Government may,

•by order published in the Official Gazette, make such

•provisions, not inconsistent with the provisions of this

•Ordinance as appear to it to be necessary or expedient for

•removing the difficulty.

•Power to

•remove

difficulties.

(2)Every order made under this section shall, as soon as

•may be after it is made, be laid before each House of

Parliament.

28.(l) The provisions of this Or dinance shall have effect

•notwithstanding anything inconsis tent therewith contained in

•any other law for the time bei ng in force, any document,

•judgement, order, bye-law, ru le, regulation, notification

•having the force of law in the territory of India.

•Ordinance to

•have

•overriding

effect.

(2)Notwithstanding anything contained in any other law

•for the time being in force or any judgement or any order of

•any Court and subject to the pr ovisions of th is Ordinance,

•upon the notification of the constitution of the Commission

•under section 3, no other indivi dual or body or authority

•24 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—

•

•RAM NATH KOVIND,

President.

•

•————

DR.G. NARAYANA RAJU,

•Secretary to the Govt. of India.

•constituted either under a law enacted by Parliament, or by a

•State, or appointed or nomina ted in terms of any judicial

•order, shall act upon or have ju risdiction in relation to the

•matters covered by this Ordinance.

•Repeal and

•savings of order

•constituting

•Environment

•Pollution

•(Prevention and

•Control)

•Authority for

•National Capital

Region.

SECTION Section 19

Untitled Section

29.(1) The Order made under section 3 of the

•Environment (Protection) Act, 1986 constituting the

•Environment Pollution (Prevent ion and Control) Authority

•for the National Capital Region vide notification number

S.O.93(E), dated the 29th January, 1998 is hereby repealed

•and the Environment Pollution (Prevention and Control)

•Authority for the National Ca pital Region is hereby

dissolved.

•29 of 1986.

(2)Notwithstanding such repeal, anything done or any

•action taken by the Environment Pollution (Prevention and

•Control) Authority for the National Capital Region under the

•said Order, shall be deemed to have been done or taken

•under the corresponding provisions of this Ordinance.

Savings.30. Notwithstanding the cessation of the Commission for

•Air Quality Management in National Capital Region and

•Adjoining Areas Ordinance, 2020, anything done or any

•action taken under the Ordinance so ceased, shall be deemed

•to have been done or ta ken under the corresponding

•provisions of this Ordinance.

Ord.13 of

SECTION Section 2

Untitled Section

•section 3 of the Commission fo r Air Quality Management in

•National Capital Region and Adjoining Areas Ordinance,

•2020 was operational, but ceased to exist on account of lapse

•of said Ordinance on the 12thday of March, 2021;

•AND WHEREAS the continuance of the Commission is

•necessary for effective manageme nt of air quality in the

•National Capital Region and Adjoining Areas;

•AND WHEREAS Parliament is not in session and the

•President is satisfied that circumstances exist which render it

•necessary for him to take immediate action;

•NOW, THEREFORE, in exercise of the powers conferred

•by clause (1) of article 123 of the Constitution, the President

•is pleased to promulgate the following Ordinance:—

•CHAPTER I

•PRELIMINARY

•Short title,

•application and

commencement.

SECTION Section 20

Untitled Section

2020.

SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 25

•

•CORRIGENDA

•In the Tribunal Reforms (Rati onalisation and Conditions of Service) Ordinance, 2021

•(2 of 2021), as Published in the Gazette of India, Extraordinary, Part II, Section 1, dated the 4th April,

•2021, Issue No.20,—

(i)at page 3, in line 7, for “3.”, read “4.”;

•(ii) at page 5, in line 22, for “word”, read “words”;

•(iii) at page 7, in line 26, for “AIRPORT”, read “AIRPORTS”;

•(iv) at page 22,in line 5, for “(Act 55 of 1994)”, read “(55 of 1994)”.

•

•UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002

•AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

•MGIPMRND—126GI(S3)—13-04-2021.

SECTION Section 3

Untitled Section

1.(1) This Ordinance may be called the Commission for

•Air Quality Management in National Capital Region and

•Adjoining Areas Ordinance, 2021.

(2)It shall apply to the Nationa l Capital Region and also to

•adjoining areas in so far as it relates to matters concerning

•air pollution in the National Capital Region.

(3)It shall come into force at once.

Definitions.2. (1) In this Ordinance, unless the context otherwise

•requires,––

(a)“adjoining areas” means the areas in the States of

•Haryana, Punjab, Rajasthan and Uttar Pradesh, adjoining

•the National Capital Territory of Delhi and the National

SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 3

•

•Capital Region, where any source of pollution is located,

•causing adverse impact on air quality in the National

•Capital Region;

(b)“Associate Member” means a member who is co-

•opted under sub-section (3) of section 3;

(c)“Chairperson” means the Chairperson of the

•Commission for Air Quality Management in National

•Capital Region and Adjoining Areas referred to in

SECTION Section 4

Untitled Section

•section 3;

(d)“Commission” means the Commission for Air

•Quality Management in National Capital Region and

•Adjoining Areas constituted under section 3;

(e)“Member” means a Member of the Commission

•and includes the Chairperson thereof;

•2 of 1985.

(f)“National Capital Regi on” shall have the same

•meaning as assigned to it in cl ause (f) of se ction 2 of the

•National Capital Region Planning Board Act, 1985;

(g)“prescribed” means pr escribed by rules made

•under this Ordinance.

•26 of 1986.

(2)The words used herein and not defined, but defined in

•the Environment (P rotection) Act, 1986, shall have the

•meaning as assigned to them in that Act.

•CHAPTER II

•COMMISSION FOR AIR QU ALITY MANAGEMENT

•IN NATIONAL CAPITAL REGION AND ADJOINING

•AREAS

3.(1) The Central Government shall, by notification in the

•Official Gazette, constitute a body to be known as the

•Commission for Air Quality Management in National

•Capital Region and Adjoining Areas to exercise the powers

•conferred upon, and to perfor m the functions assigned to,

•that Commission under this Ordinance.

•Constitution of

Commission.

(2)The Commission shall consist of the following

•Members––

(a)a full-time Chairperson ha ving special knowledge in

•4 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—

•

•the field of environment protec tion or pollution control with

•experience of not less than fifteen years or having

•administrative experience of not less than twenty-five years;

(b)a representative of the S ecretary to the Government of

•India in the Ministry of Envi ronment, Forest and Climate

•Change, who shall be an officer not below the rank of Joint

•Secretary, ex officio;

(c)five ex-officio Members who are either Chief

•Secretaries, or Secretaries in-charge of the department

•dealing with environment prot ection in the National Capital

•Territory of Delhi and the States of Punjab, Haryana,

•Rajasthan and Uttar Pradesh;

(d)one full-time member who is or has been a Joint

•Secretary to the Government of India;

(e)three full-time independent technical Members to be

•appointed from amongst persons having specific scientific

•knowledge and experience in matters relating to air

•pollution;

(f)one technical member from the Central Pollution

•Control Board, ex officio;

(g)one technical member to be nominated by the Indian

•Space Research Organisation, ex officio;

(h)three members from non-G overnmental organisations

•having experience in matters concerning combating of air

•pollution;

(i)one representative of the National Institution for

•Transforming India, not below the rank of Joint Secretary or

•Adviser, ex officio;

(j)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;

(k)three members, being stakeholders from such sectors

•as agriculture, industry, transport or construction.

(3)The Commission may co-opt the following persons as

•Associate Members, namely:––

SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 5

•

(a)a representative of the Ministry of Road Transport and

•Highways, not below the rank of Joint Secretary to the

•Government of India;

(b)a representative of the Mi nistry of Power, not below

•the rank of Joint Secretary to the Government of India;

(c)a representative of the Mi nistry of Housing and Urban

•Affairs, not below the rank of Joint Secretary to the

•Government of India;

(d)a representative of the Ministry of Petroleum and

•Natural Gas, not below the rank of Joint Secretary to the

•Government of India;

(e)a representative of the Mi nistry of Agriculture and

•Farmers’ Welfare, not below th e rank of Joint Secretary to

•the Government of India;

(f)a representative of th e Ministry of Commerce and

•Industry, not below the rank of Joint Secretary to the

•Government of India;

(g)a representative of any association of commerce or

•industry;

(h)such other Associate Members, as may be prescribed.

(4)The Member-Secret ary shall be the Chief

•Coordinating Officer of the Co mmission and shall assist the

•Commission in the discharge of its functions under this

Ordinance.

(5)The headquarters of the Commission shall be at Delhi

•and the Commission may, with th e previous approval of the

•Central Government, establish offices at other places in

•National Capital Region or Adjoining Areas.

(6)Notwithstanding anything contained in any other law

•for the time being in for ce, and notwithstanding any

•judgment or order of any cour t, the Commission shall have

•exclusive jurisdiction in the National Capital Region and

•Adjoining Areas in respect of matters covered by this

•Ordinance and no other body, authority, individual or

•committee shall have any power or jurisdiction in the matters

•6 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—

•

•covered under this Ordinance:

•Provided that the powers, functions and duties of the

•Commission shall not be in derogation of the powers,

•functions and duties of th e Central Government, the

•Governments of the National Capital territory of Delhi and

•of the States of Punjab, Ha ryana, Rajasthan and Uttar

•Pradesh, the Central Polluti on Control Board, the State

•Pollution Control Boards of the States of Punjab, Haryana,

•Rajasthan and Uttar Pradesh and the Pollution Control

•Committee of the State of Delhi:

•Provided further that in case of any conflict in the orders

•or directions of the Commissi on and the Governments of the

•National Capital territory of Delhi and of the States of

•Punjab, Haryana, Rajasthan and Uttar Pradeshor the Central

•Pollution Control Board or the State Pollution Control

•Boards of the States of Punjab, Haryana, Rajasthan and Uttar

•Pradesh or the Pollution Control Committee of the State of

•Delhi or any other statutory au thority set up or established

•under a State Act, the order or direction of the Commission

•shall prevail.

•Appointment of

•Chairperson,

•Members and

•Member-

Secretary.

SECTION Section 5

Untitled Section

4.(1) The full-time Chairperson and full-time Members,

•other than ex officio Members, of the Commission shall be

•appointed by the Central Government:

•Provided that every appointment under this sub-section

•shall, subject to the provisions of second proviso, be made on

•the recommendations of a Selection Committee consisting

•of––

(a)Minister in-charge of th e Ministry of Environment,

•Forest and Climate Change in the Government of India––

•Chairperson;

(b)Minister in-charge of the Ministry of Commerce and

•Industry in the Government of India –– member;

(c)Minister in-charge of the Ministry of Road Transport

•and Highways in the Government of India –– member;

(d)Minister in-charge of the Ministry of Science and

•Technology in the Government of India–– member;

SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 7

•

(e)Cabinet Secretary–– member:

•Provided further that in case where the Central

•Government appoints a serving officer as the Chairperson

•under clause (a) of sub-section (2) of section 3, or the full-

•time Member under clause (d) thereof, then, no

•recommendation of the Selection Committee shall be

required.

(2)No appointment of the Chairperson or a Member shall

•be invalid merely by reason of any vacancy of any member

•in the Selection Committee referred to in sub-section (1).

(3)The appointment of the Member-Secretary of the

•Commission shall be made by the Central Government in

•such manner, subject to such terms and conditions, as may be

prescribed.

5.(1) The full-time Chairperson or a Member, other than

•an ex officio member, may, by noti ce in writing under his

•hand addressed to the Central Government, resign his office.

•Resignation

•and removal of

•Chairperson

•and Members.

(2)The Central Government may remove the Chairperson

•or any member, other than an ex officio member, from his

•office, in such manner as may be prescribed, if such person--

(a)is adjudged an insolvent;

(b)engages during his term of office in any paid

•employment outside the duties of his office;

(c)is unfit to continue in o ffice by reason of infirmity of

•mind or body;

(d)is of unsound mind and stands so declared by a

•competent court;

(e)has so abused his position as to render his continuance

•in office prejudicial to the public interest;

(f)has acquired such financial or other interest as is likely

•to affect prejudicially his functions; or

(g)is convicted and sentenced to imprisonment for an

•offence which in the opinion of the Central Government

•involves moral turpitude:

•Provided that no such Member shall be so removed,

•8 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—

•

•unless he has been given an opportunity of being heard.

•Term of office

•of Chairperson

•and Members.

SECTION Section 6

Untitled Section

6.The full-time Chairperson or a Member, other than an

•ex-officio member, shall hold office for a term of three years

•from the date on which he enters upon his office or until he

•attains the age of seventy years, whichever is earlier, and

•shall be eligible for re-appointment.

•Member to act

•as Chairperson

•or to discharge

•his functions in

•certain

circumstances.

SECTION Section 7

Untitled Section

7.(1) In the event of the occu rrence of any vacancy in the

•office of the Chairperson by r eason of death, resignation or

•otherwise, the Central Gove rnment may, by notification,

•authorise one of the Members to act as the Chairperson until

•the appointment of a new Chairperson to fill such vacancy.

(2)When the Chairperson is unable to discharge his

•functions owing to absence on leave or otherwise, such one

•of the Members as the Central Government may, by

•notification, authorise in this behalf, shall discharge the

•functions of the Chairperson until the date on which the

•Chairperson resumes his duties.

•Terms and

•conditions of

•service of

•Chairperson and

Members.

SECTION Section 8

Untitled Section

8.The salaries and allowances payable to, and the other

•terms and conditions of servi ce of, the Chairperson and

•Members, other than ex officio members, shall be such as

•may be prescribed:

•Provided that neither the sala ry and allowances nor the

•other terms and conditions of se rvice of the Chairperson or a

•Member shall be varied to his disadvantage after his

appointment.

•Vacancies, etc.,

•not to invalidate

•proceedings of

Commission.

SECTION Section 9

Untitled Section

9.No act or proceedings of the Commission shall be

•invalidated merely on the ground of existence of any

•vacancy or defect in the constitution of the Commission.

•Procedure to be

•regulated by

Commission.