THE COMMISSION FOR AIR QUALITY MANAGEMENT IN NATIONAL CAPITAL REGION 
AND ADJOINING AREAS ACT, 2021 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, application and commencement. 
2.  Definitions. 

CHAPTER II 

COMMISSION FOR AIR QUALITY MANAGEMENT IN NATIONAL CAPITAL REGION AND ADJOINING AREAS 

3.  Constitution of Commission. 
4.  Appointment of Chairperson, Members and Member-Secretary. 
5.  Resignation and removal of Chairperson and Members. 
6.  Term of office of Chairperson and Members. 
7.  Member to act as Chairperson or to discharge his functions in certain circumstances. 
8.  Terms and conditions of service of Chairperson and Members. 
9.  Vacancies, etc., not to invalidate proceedings of Commission. 
10.  Procedure to be regulated by Commission. 
11.  Sub-Committees and other staff of Commission. 

CHAPTER III 

POWERS AND FUNCTIONS OF THE COMMISSION 

12.  Powers and functions of Commission. 
13.  Annual report. 
14.  Penalty for contravention of provisions of Act, rules, order or direction. 
15.  Environmental compensation. 

CHAPTER IV 

FINANCE, ACCOUNTS AND AUDIT 

16.  Grants by Central Government. 
17.  Accounts and audit. 

CHAPTER V 

MISCELLANEOUS 

18.  Appeal. 
19.  Constitution of special investigation teams. 
20.  Power of Central Government to issue direction. 
21.  Power of Central Government to call for information. 
22.  Bar of jurisdiction. 
23.  Protection of action taken in good faith. 
24.  Members and officers to be public servants. 
25.  Power of Central Government to make rules. 
26.  Power of Commission to make regulations. 
27.  Power to remove difficulties. 
28.  Act to have overriding effect. 

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SECTIONS 

29.  Repeal and savings of order constituting Environment Pollution (Prevention and Control) Authority 

for National Capital Region. 

30.  Savings. 
31.  Repeal and savings. 

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THE COMMISSION FOR AIR QUALITY MANAGEMENT IN NATIONAL CAPITAL 
REGION AND ADJOINING AREAS ACT, 2021 

ACT NO. 29 OF 2021 

[12th August, 2021.] 

An Act 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. 

BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1. Short title, application and commencement.—(1) This Act may be called the Commission for Air 

Quality 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 to 

matters 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 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 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 (26 

of 1986), shall have the meaning as assigned to them in that Act. 

CHAPTER II 

COMMISSION FOR AIR QUALITY MANAGEMENT IN NATIONAL CAPITAL REGION AND ADJOINING AREAS 

3. Constitution of Commission.—(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 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  of 
environment  protection  and  pollution  control  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; 

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(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 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:— 

(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 Co-ordinating Officer of the Commission and shall assist 

the 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 previous 
approval of the Central Government, establish offices at  other places in the 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 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 Governments 
of the National Capital Territory of Delhi and of the States of Punjab, Haryana, Rajasthan and Uttar Pradesh 
or  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 

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of Delhi or any other statutory authority set up or established under a State Act, the order as well as the 
direction of the Commission shall prevail. 

4. Appointment of Chairperson, Members and Member-Secretary.—(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  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; 

(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.  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  Central 
Government, resign his office. 

(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 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 Central 

Government involves moral turpitude: 

Provided that no such Member shall be so removed, unless he has been given an opportunity of being 

heard. 

6.  Term  of  office  of  Chairperson  and  Members.—The  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. 

7. Member to act as Chairperson or to discharge his functions in certain circumstances.—(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 the appointment of a new Chairperson to fill such vacancy. 

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(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. Terms and conditions of service of Chairperson and Members.—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 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.  Vacancies,  etc.,  not  to  invalidate  proceedings  of  Commission.—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. 

10. Procedure to be regulated by Commission.—(1) The Commission shall meet at such time and 

place as the Chairperson may think fit. 

(2) Subject to the provisions of this Act 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 in 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 Act (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 National Capital Region and adjoining areas. 

11. Sub-Committees and other staff of Commission.—(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. 

(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 and the States of Punjab, Haryana, Rajasthan 
and Uttar Pradesh; 

(c) one representative from the National Environmental Engineering Research Institute; 

(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, Haryana, Rajasthan and 
Uttar Pradesh; 

(b) one representative each from the State Pollution Control Board or Committee, as the case may 
be, from the 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; 

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(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 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. 

(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. Powers and functions of Commission.—(1) Notwithstanding anything contained in any other law 
for the time being in force, the Commission shall have 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 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 Act or 
the rules made thereunder or under any other law for the time being in force, which is relatable to the 
objects of this Act; 

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

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(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 or codes or guidelines 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 Act and may entrust to them such of the powers and functions under 
this Act or for the purposes of achieving the objects of this Act, 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— 

(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  Act  or  the  rules  made  thereunder  or  any  notice,  order, 
direction or authorisation served, made, given or granted under this Act 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 Act 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 to 
the Commission of an offence punishable under this Act 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 Act; 

(c) if any person wilfully 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 Act; 

(d) the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) 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. 

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(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 the 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) 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 suo motu, 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— 

(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; 

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(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-governmental organisations and institutions working in the field of air 

pollution; 

(i) any other functions as have been entrusted to any ad hoc 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 from time to time; 

(j) such other functions as it may consider necessary for the prevention of air pollution in the National 

Capital Region and adjoining areas. 

13. Annual report.—(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 Parliament. 

14.  Penalty  for  contravention  of  provisions  of  Act,  rules,  order  or  direction.—(1)  Any  non-
compliance or contravention of any provisions of this Act, rules made thereunder or any order or direction 
issued by the Commission, shall be an offence punishable with imprisonment for a term which may extend 
up to five years or with fine which may extend up to 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  Criminal  Procedure,  1973  (2  of  1974),  the 
offence under this Act shall be non-cognizable and triable by the Jurisdictional 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 Act has been committed by a company, every person who, at the time 
when the 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: 

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Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment provided in this Act, 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 Act 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 be 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 Act has been committed by any Department of the 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 Act has been 
committed 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 (2 of 1974), shall apply. 

15.  Environmental  compensation.—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.  Grants  by  Central  Government.—(1)  The  Central  Government  shall,  after  due  appropriation 
made by Parliament by law in this behalf, pay 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 Act. 

(2) The Commission may spend such sums as it thinks fit for performing the functions under this Act, 

and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1). 

17.  Accounts  and  audit.—(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 of India 
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 of India. 

(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with 
the audit of the accounts of the Commission under this Act shall have the same rights and privileges and 
authority in connection with such audit as the Comptroller and Auditor-General of India 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. 

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(4) The accounts of the Commission, as certified by the Comptroller and Auditor-General of India 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 

18. Appeal.—An appeal shall lie to the National Green Tribunal constituted under the National Green 
Tribunal  Act,  2010  (19  of  2010)  against  any  order,  direction  or  action  taken  by  or  on  behalf  of  the 
Commission constituted under section 3. 

19. Constitution of special investigation teams.—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 special investigation teams, consisting of such officers or 
such persons, as it thinks necessary, for the purposes of carrying out its functions under this Act. 

20. Power of Central Government to issue direction.—Notwithstanding anything contained in any 
other law for the time being in force, but subject to the provision of this Act, the Central Government may 
issue  in  writing  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. 

21. Power of Central Government to call for information.—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. 

22. Bar of jurisdiction.—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 Act. 

23. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the 
Central Government, the Commission, or any Member thereof, or any person acting under the direction of 
either the Central Government or the Commission in respect of anything which is in good faith done or 
intended to be done in pursuance of this Act or of any rules or any order made thereunder. 

24.  Members  and  officers  to  be  public  servants.—Every  Member  of  the  Commission  and  every 
officer appointed or authorised by the Commission to exercise functions under this Act shall be deemed to 
be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 

25.  Power  of  Central  Government  to  make  rules.—(1)  The  Central  Government  may,  by 

notification, make rules to carry out the provisions of this Act. 

(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 officers and other staff under sub-section (7) of section 11; 

(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; 

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(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 Act 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. Power of Commission to make regulations.---(1) Subject to the provisions of this Act 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 Act. 

(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; 

(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 Act 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. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this 
Act, the Central Government may, by order published in the Official Gazette, make such provisions, not 
inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the 
difficulty: 

Provided that no order shall be made under this section after the expiry of a period of two years from 

the commencement of this Act. 

(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. Act to have overriding effect.---(1) The provisions of this Act shall have effect notwithstanding 
anything  inconsistent  therewith  contained  in  any  other  law  for  the  time  being  in  force,  any  document, 
judgment, 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 judgment 
or any order of any Court and subject to the provisions of this Act, upon the notification of the constitution 
of the Commission under section 3, no other individual or body or authority 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 Act. 

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29. Repeal and savings of order constituting Environment Pollution (Prevention and Control) 
Authority  for  National  Capital  Region.—(1)  The  Order  made  under section  3 of  the  Environment 
(Protection)  Act,  1986  (29  of  1986)  constituting  the  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 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 Act. 

30.  Savings.—Notwithstanding  the  cessation  of  the  Commission  for  Air  Quality  Management  in 
National Capital Region and Adjoining Areas Ordinance, 2020 (Ord. 13 of 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 Act. 

31.  Repeal  and  savings.—(1)  The  Commission  for  Air  Quality  Management  in  National  Capital 

Region and Adjoining Areas Ordinance, 2021 (Ord. 4 of 2021) is hereby repealed. 

(2)  Notwithstanding  such  repeal,  anything  done  or  any  action  taken  under  the  Commission  for  Air 
Quality Management in National Capital Region and Adjoining Areas Ordinance, 2021 (Ord. 4 of 2021) 
shall be deemed to have been done or taken under the corresponding provisions of this Act. 

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