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

(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; (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 (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 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.

(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.

(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.

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.

(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. (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.

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. (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.

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.

(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.

(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; (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.