jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—21 REGISTERED NO. DL—(N)04/0007/2003—21 1
सी.जी.-डी.एल.-अ.-13042021-226580
CG-DL-E-13042021-226580
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VOL. LVII. No. 10 TUESDAY 1st JUNE, 2021 / 15th JYAISTHA, 1943 (SAKA)
असाधारण
EXTRAORDINARY भाग II — खण्ड 1 INDEX PART II — Section 1 प्राधिकार से प्रकाशित Part Page PUBLISHED BY AUTHORITY
I ............................ Nil
सं॰ 25] नई दिल्ली, मंगलवार, अप्रैल 13, 2021/ चैत्र 23, 1943 (शक)
II ............................ 1-25
No. 25] NEW DELHI, TUESDAY, APRIL 13, 2021/CHAITRA 23, 1943 (SAKA)
III ............................ Nil इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके। IV ............................ Nil Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 13th 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.
LGP.Kvt. H-157/06 -21/50 PRICE: 75 PAISE2 THE LAKSHADWEEP GAZETTE 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— WHEREAS the Commission for Air Quality Management
Ord.13 of 2020.
in National Capital Region and Adjoining Areas Ordinance, 2020 was promulgated by the President on the 28thday of October, 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 3 of the Commission for 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 management 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
1. (1) This Ordinance may be called the Commission for Air Quality Management in National Capital Region and
Short title, application and commencement.
Adjoining Areas Ordinance, 2021.
(2) It shall apply to the National 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 National3 THE LAKSHADWEEP GAZETTE 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 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;
(f) "National Capital Region" shall have the same
meaning as assigned to it in clause (f) of section 2 of the
2 of 1985.
National Capital Region Planning Board Act, 1985;
(g) "prescribed" means prescribed by rules made
under this Ordinance.
(2) The words used herein and not defined, but defined in
the Environment (Protection) Act, 1986, shall have the
26 of 1986.
meaning as assigned to them in that Act.
CHAPTER II
COMMISSION FOR AIR QUALITY MANAGEMENT
IN NATIONAL CAPITAL REGION AND ADJOINING
AREAS
Constitution of Commission.
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 perform the functions assigned to,
that Commission under this Ordinance.
(2) The Commission shall consist of the following
Members––
(a) a full-time Chairperson having special knowledge in4 THE LAKSHADWEEP GAZETTE 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— the field of environment protection 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 Secretary to the Government of
India in the Ministry of Environment, 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 protection 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-Governmental 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:––5 THE LAKSHADWEEP GAZETTE 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 Ministry of Power, not below
the rank of Joint Secretary to the Government of India;
(c) a representative of the Ministry 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 Ministry of Agriculture and
Farmers' Welfare, not below the rank of Joint Secretary to
the Government of India;
(f) a representative of the 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-Secretary shall be the Chief
Coordinating Officer of the Commission 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 the 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 force, and notwithstanding any
judgment or order of any court, 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 matters6 THE LAKSHADWEEP GAZETTE 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART 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 the Central Government, the
Governments of the National Capital territory of Delhi and
of the States of Punjab, Haryana, Rajasthan and Uttar
Pradesh, the Central Pollution 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 Commission 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 authority set up or established
under a State Act, the order or direction of the Commission
shall prevail.
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:
Appointment of Chairperson, Members and Member- Secretary.
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 the 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;
7 THE LAKSHADWEEP GAZETTE 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.
Resignation
and removal of 5. (1) The full-time Chairperson or a Member, other than an ex officio member, may, by notice in writing under his
Chairperson hand addressed to the Central Government, resign his office.
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 office 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 LAKSHADWEEP GAZETTE 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— unless he has been given an opportunity of being heard.
6. The full-time Chairperson or a Member, other than an ex-officio member, shall hold office for a term of three years
Term of office of Chairperson and Members.
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.
7. (1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of death, resignation or
otherwise, the Central Government may, by notification,
authorise one of the Members to act as the Chairperson until
Member to act as Chairperson or to discharge his functions in certain circumstances.
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.
8. The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and
Members, other than ex officio members, shall be such as
Terms and conditions of service of Chairperson and Members.
may be prescribed:
Provided that neither the salary and allowances nor the
other terms and conditions of service of the Chairperson or a
Member shall be varied to his disadvantage after his
appointment.
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.
Vacancies, etc., not to invalidate proceedings of Commission.
10. (1) The Commission shall meet at such time and place
as the Chairperson may think fit.
Procedure to be regulated by Commission.
(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 authorised by the Chairperson in9 THE LAKSHADWEEP GAZETTE SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9 this behalf.
(4) The Commission may, by general 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, such of its powers under this
Ordinance (except the power to make regulations under
section 25), as it may deem necessary or expedient for the
purpose of protecting and improving the quality of the air in
the Nation Capital Region and Adjoining Areas.
Sub-
11. (1) The Commission shall have at least the following
Committees three Sub-Committees––
and other staff (a) Sub-Committee on Monitoring and Identification;
of
Commission.
(b) Sub-Committee on Safeguarding and Enforcement;
(c) Sub-Committee on Research and Development.
(2) The Sub-Committee on Monitoring and Identification
shall be headed by a Member of the Commission chosen by
it and shall have the following 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 Delhi and the States of Punjab,10 THE LAKSHADWEEP GAZETTE 10 THE GAZETTE OF INDIA EXTRAORDINARY [PART 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 Delhi 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 representative 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 working 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 such 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 function and provide the Commission
with such officers and employees as it may deem fit.
11 THE LAKSHADWEEP GAZETTE 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 appointed 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 force, the Commission shall have
Powers and functions of Commission.
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 the air in the National Capital Region and Adjoining
Areas.
(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 that 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 whatsoever12 THE LAKSHADWEEP GAZETTE 12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— that have implications on air quality in the region:
Provided that different parameters 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 environmental pollutants from such
sources that have implications on air quality in the region;
(v) restriction of 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;
(vi) carrying out and requiring investigations and research
relating to problems of environmental pollution that have
implications on air quality in the region;
(vii) inspection of any premises, plant, equipment,
machinery, manufacturing or other 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 abatement of air pollution in the
region;
(x) appoint officers, with prior approval of the Central Government, with such designations 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 writing to any person, officer or
any authority and such person, officer or authority shall be
bound to comply with such directions.
Explanation.—For avoidance of doubts, it is hereby
declared that the power to issue directions under this section
includes the power to direct—
13 THE LAKSHADWEEP GAZETTE 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 performed or whether any provisions
of this Ordinance or the rules made thereunder or any notice,
order, direction or authorisation 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 any other material object or for
conducting a search of any building in which he has reasons
to believe that an offence under 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) for 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 LAKSHADWEEP GAZETTE 14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—(d) the provisions of the Code of Criminal Procedure,
2 of 1974.
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 section 94 of the said Code or, as
the case may be, under the corresponding provisions of the
said law.
(4) (a) The Commission or any officer authorised by it in
this behalf, shall, for the purpose of analysis, have power to
take samples of air from any factory, premises or other place
in such manner as may be prescribed.
(b) the result of any analysis of a sample taken under
clause (a) shall not be admissible 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 occupier 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 container 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 occupier, his agent or person
wilfully absents himself, the 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 the15 THE LAKSHADWEEP GAZETTE 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 container or containers of the
sample as required under sub-clause (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 without 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 absence 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 functions 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 Central Government, as may be
issued from time to time.
(6) For removal of doubts, it is hereby clarified that
notwithstanding anything contained 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 prejudice 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, representative body or organisation
functioning in the field of environment, against any
individual, association, company, 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 LAKSHADWEEP GAZETTE 16 THE GAZETTE OF INDIA EXTRAORDINARY [PART 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 framework 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 development 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-operation 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 frame work, action plan and take
appropriate steps for –
(i) tackling the problem of stubble burning;
(ii) monitoring, assessing and inspecting air polluting
agents;
(iii) increasing plantation;
(e) monitoring the measures taken by the States to prevent
stubble burning;
(f) undertake and promote research 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-governmental17 THE LAKSHADWEEP GAZETTE 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.
Annual report.
13. (1) The Commission shall furnish to the Central Government an annual report containing such details of the
steps taken, proposals made, researches awaited and other
measures undertaken by it in pursuance of its functions under
section 12, in such form and manner as may be specified by
regulations.
(2) The Central Government shall cause the annual report
furnished under sub-section (1) to be laid before each House
of the Parliament.
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 imprisonment for a term which may
Penalty for contravention of provisions of Ordinance, rules, order or direction.
extend upto five years or with fine which may extend upto
one crore rupees or with both.
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) Notwithstanding anything contained in the Code of
2 of 1974.
Criminal Procedure, 1973, the offence under this Ordinance
shall be non-cognizable and shall 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 the18 THE LAKSHADWEEP GAZETTE 18 THE GAZETTE OF INDIA EXTRAORDINARY [PART 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 contained in this section shall
render such Head of the Department liable to any punishment
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.
(6) Notwithstanding anything contained in sub-section (5),
where an offence under this Ordinance has been committed19 THE LAKSHADWEEP GAZETTE 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 Department, such officer shall also
be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
(7) For the purpose of this section and the procedure to be
followed thereunder, the provisions of the Code of Criminal
Procedure, 1973, shall apply.
2 of 1974.
Environmental Compensation.
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.
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT
16. (1) The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay
Grants by Central Government. to the Commission by way of grants such sums of money as
the Central Government may think fit for being utilised for
the purposes of this Ordinance.
(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 expenditure payable out of the grants
referred to in sub-section (1).
Accounts and audit.
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.
(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 any expenditure incurred in
connection with such audit shall be payable by the
Commission to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General and any person
appointed by him in connection with the audit of the accounts
of the Commission under this Ordinance shall have the same20 THE LAKSHADWEEP GAZETTE 20 THE GAZETTE OF INDIA EXTRAORDINARY [PART 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-General or any other person
appointed by him in this behalf, together with the audit report
thereon shall be forwarded 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
19 of 2010.
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.
Constitution of
special
19. Notwithstanding anything contained in any other law for the time being in force or any judicial order by any Court,
investigation
where the Commission considers it necessary so to do, it
teams.
may constitute one or more special 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
20.Notwithstanding anything contained in any other law for the time being in force, but subject to the provision of
Government to
this Ordinance, the Central Government may issue in writing
issue direction.
such direction, as it deems fit, 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
21. The Central Government may, from time to time, call for such information and reports from the Commission, as it
Government to
deems fit and the Commission shall be bound to provide
call for
such information and report.
information.
21 THE LAKSHADWEEP GAZETTE SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21Bar of jurisdiction.
22. No civil court shall have jurisdiction to entertain any suit, proceeding or dispute pertaining 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.
23. No suit or other legal proceeding shall lie against the Central Government, the State Government, the Commission,
Protection of action taken in good faith.
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.
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
Members and officers to be public servants.
servant within the meaning of section 21 of the Indian Penal
Code.
45 of 1860.
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 prejudice to the generality of
the foregoing power, such rules may provide for all or any of
the following matters, namely:-
(a) the other Associate Members 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 LAKSHADWEEP GAZETTE 22 THE GAZETTE OF INDIA EXTRAORDINARY [PART 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 samples 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 shall thereafter have 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 validity of anything previously done
under that rule.
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,
Power of Commission to make regulations.
make regulations to carry out the provisions of this
Ordinance.
(2) In particular and without prejudice to the generality of
the foregoing power, such regulations 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 limitations subject to which power
may be delegated by the Commission under sub-section (4),
of section 10;
23 THE LAKSHADWEEP GAZETTE 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 successive sessions, and if, before
the expiry of the session or the successive sessions aforesaid,
both Houses agree in making any modification in the
regulation or both Houses agree that the regulation should not
be made, the regulation shall thereafter have 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 validity 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,
Power to remove difficulties.
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.
(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 Ordinance shall have effect notwithstanding anything inconsistent therewith contained in
any other law for the time being in force, any document,
Ordinance to have overriding effect.
judgement, order, bye-law, rule, regulation, notification
having the force of law in the territory of India.
(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 provisions of this Ordinance,
upon the notification of the constitution of the Commission
under section 3, no other individual or body or authority24 THE LAKSHADWEEP GAZETTE 24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— constituted either under a law enacted by Parliament, or by a
State, or appointed or nominated in terms of any judicial
order, shall act upon or have jurisdiction in relation to the
matters covered by this Ordinance.
29. (1) The Order made under section 3 of the Environment (Protection) Act, 1986 constituting the 29 of 1986.
Environment Pollution (Prevention 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 Capital Region is hereby
Repeal and savings of order constituting Environment Pollution (Prevention and Control) Authority for National Capital Region.
dissolved.
(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.
Ord. 13 of 2020.
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 taken under the corresponding provisions of this Ordinance.
RAM NATH KOVIND, President.
————
DR. G. NARAYANA RAJU, Secretary to the Govt. of India.
25 THE LAKSHADWEEP GAZETTE SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25CORRIGENDA
In the Tribunal Reforms (Rationalisation 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";
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
Digitally signed by SUBIR NARAYAN GARAI Date: 2021.04.13 21:56:37 +05'30'
SUBIR NARAYAN GARAI MGIPMRND—126GI(S3)—13-04-2021.