The central government has issued an ordinance, making pollution a crime with a jail term of up to five years and a penalty of up to Rs 1 crore.
The ordinance, issued Wednesday evening after the president’s approval, involves the establishment of a Commission for Air Quality Management for the National Capital Region (NCR) and adjacent areas in Delhi, Haryana, Punjab. , Uttar Pradesh and Rajasthan.
The 18-member commission will be headed by a full-time president who has been the secretary of the government of India or the chief secretary of a state.
Ten of the 18 members of this commission have to be bureaucrats, while others are experts and activists.
A selection committee, headed by the Minister of the Environment, together with three other ministers and the cabinet secretary, will appoint the members of the Commission for a term of three years.
The commission will study three broad areas related to air pollution control, law enforcement, and research and innovation. The commission will establish subcommittees to examine the three distinguished fields.
You will look at stubble burning issues, vehicle pollution, dust pollution and all other factors that have deteriorated the air quality in Delhi-NCR. The commission will present its annual reports to Parliament and will be a central body for all purposes.
An important aspect of this commission is that the central government has proposed to replace the EPCA appointed by the Supreme Court and all other bodies with this commission, making it the sole authority on air quality management for Delhi-NCR.
Likewise, in matters of conflict between orders of state governments or their agencies and the commission, the instructions issued by the latter shall prevail.
The commission has been given broad powers to set standards on environmental pollution and emissions, and will have the authority to inspect any premises, shut down polluting units, and also issue an order to disconnect the power and water supply.
Violation of any order or direction of the commission can carry a prison sentence of up to 5 years and a fine of up to Rs 1 crore. This body can have a complaint filed with a court and upon receipt of the complaint, prosecution can begin.
All appeals against the commission’s orders will be made only to the National Green Court and no other body will have the authority to issue instructions or process a complaint on relevant matters.
The ordinance came two days after Attorney General Tushar Mehta made a statement to the Supreme Court that the government is contemplating a new law as enforcement by EPCA and other agencies has not proven effective.
The court, headed by Chief Justice of India SA Bobde, had asked the SG to present his law to the court on Thursday.
The high court is in charge of a number of matters related to air pollution in Delhi-NCR and has been monitoring a PIL in this regard since 1985.
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