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

1. Short title, application and commencement.(1) This Act may be called the Commission for AirQuality Management in National Capital Region and Adjoining Areas Act, 2021. (2) It shall apply to the National Capital Region and also to adjoining areas in so far as it relates tomatters concerning air pollution in the National Capital Region. (3) It shall be deemed to have come into force on the 13th April, 2021.

2. Definitions.--(1) In this Act, 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 Capital Region, where any source ofpollution 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 inNational Capital Region and Adjoining Areas referred to in section 3; (d) "Commission"means the Commission for Air Quality Management in National Capital Regionand 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 section2 of the National Capital Region Planning Board Act, 1985 (2 of 1985); (g) "prescribed" means prescribed by rules made under this Act. (2) The words used herein and not defined, but defined in the Environment (Protection) Act, 1986 (26of 1986), shall have the meaning as assigned to them in that Act.

3. Constitution of Commission.(1) The Central Government shall, by notification in the OfficialGazette, constitute a body to be known as the Commission for Air Quality Management in National CapitalRegion and Adjoining Areas to exercise the powers conferred upon, and to perform the functions assignedto, that Commission under this Act. (2) The Commission shall consist of the following Members, namely: (a) a full-time Chairperson having experience of not less than fifteen years in the field ofenvironment protection and pollution control or having administrative experience of not less thantwenty-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 thedepartment dealing with environment protection in the National Capital Territory of Delhi and theStates 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 havingspecific 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 concerningcombating of air pollution; (i) one representative of the National Institution for Transforming India, not below the rank of JointSecretary or Adviser, ex officio; (j) one officer in the rank of Joint Secretary to the Government of India to be appointed by theCentral Government as a full-time Member-Secretary of the Commission; (k) three members, being stakeholders from such sectors as agriculture, industry, transport orconstruction. (3) The Commission may co-opt the following persons as Associate Members, namely:-- (a) a representative of the Ministry of Road Transport and Highways, not below the rank of JointSecretary to the Government of India; (b) a representative of the Ministry of Power, not below the rank of Joint Secretary to theGovernment of India; (c) a representative of the Ministry of Housing and Urban Affairs, not below the rank of JointSecretary to the Government of India; (d) a representative of the Ministry of Petroleum and Natural Gas, not below the rank of JointSecretary to the Government of India; (e) a representative of the Ministry of Agriculture and Farmers Welfare, not below the rank ofJoint Secretary to the Government of India; (f) a representative of the Ministry of Commerce and Industry, not below the rank of Joint Secretaryto 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 Co-ordinating Officer of the Commission and shall assistthe Commission in the discharge of its functions under this Act. (5) The headquarters of the Commission shall be at Delhi and the Commission may, with the previousapproval of the Central Government, establish offices at other places in the National Capital Region oradjoining areas. (6) Notwithstanding anything contained in any other law for the time being in force, andnotwithstanding any judgment or order of any court, the Commission shall have exclusive jurisdiction inthe National Capital Region and adjoining areas in respect of matters covered by this Act and no other body,authority, individual or committee shall have any power or jurisdiction in such matters: Provided that in case of any conflict in the orders or directions of the Commission and the Governmentsof 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 National Capital Territory of Delhi or any other statutory authority set up or established under a State Act, the order as well as thedirection of the Commission shall prevail.

4. Appointment of Chairperson, Members and Member-Secretary.---(1) The full-time Chairpersonand full-time Members, other than ex officio Members, of the Commission shall be appointed by the CentralGovernment: Provided that every appointment under this sub-section shall, subject to the provisions of secondproviso, 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 theGovernment 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; (e) Cabinet Secretary--member: Provided further that in case where the Central Government appoints a serving officer as theChairperson 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 vacancyof 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 CentralGovernment in such manner, subject to such terms and conditions, as may be prescribed.

5. Resignation and removal of Chairperson and Members.(1) The Chairperson or a Member,other than an ex officio Member, may, by notice in writing under his hand addressed to the CentralGovernment, resign his office. (2) The Central Government may remove the Chairperson or any Member, other than an ex officioMember, 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 of unsound mind and stands so declared by a competent court;. (d) has so abused his position as to render his continuance in office prejudicial to the public interest;. (e) has acquired such financial or other interest as is likely to affect prejudicially his functions; or. (f) is convicted and sentenced to imprisonment for an offence which in the opinion of the CentralGovernment involves moral turpitude: Provided that no such Member shall be so removed, unless he has been given an opportunity of beingheard.