Centre Brings Ordinance To Set Up Permanent Commission To Tackle Air Pollution In Delhi-NCR [Read Ordinance]

The President of India on Wednesday night signed an Ordinance brought by the Central Government to set up a permanent commission to tackle air pollution in Delhi-National Capital Region and adjoining areas.

The Ordinance titled "Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance 2020" comes two days after the Central Government told the Supreme Court that it was coming up with such a legislative exercise.

Based on that submission, the Solicitor General of India, Mr. Tushar Mehta, had requested the Supreme Court to keep in abeyance its earlier order appointing retired SC judge Justice M B Lokur as the head of a committee to monitor the steps to tackle stubble-burning. A bench headed by Chief Justice of India accepted the request made by the Solicitor General.

The ordinance stipulates an eighteen-member commission called the "Commission for Air Quality Management in National Capital Region and Adjoining Areas" to be set up which will be headed by a Chairperson appointed by the central government. A person who is or has been a Secretary to the Government of India or Chief Secretary to a State Government will be Chairperson.

The commission which will be headquartered at Delhi, will comprise representatives from the States of Punjab, Haryana, Uttar Pradesh and Rajasthan.

It will have powers to "take all such measures, issue directions and entertain complaints...for the purpose of improving and protecting the air quality of Delhi-NCR".

The violation of the orders of the Commission are punishable with imprisonment for a term which may extend upto five years or fine which may extend up to Rupees One Crore or both.

The appeals from the orders of the Commission will go to the National Green Tribunal and jurisdiction of civil courts over it has been barred.

Notably, the commission will supersede all the other bodies and authorities formed through judicial orders or otherwise on the aspect of air quality management and this commission will have exclusive jurisdiction in this domain.

In case of any conflict between orders and directions passed by this commission and by State governments, the Commission's orders will prevail, the ordinance says.

Click here to download the ordinance

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