New Delhi:
Farmers may have to pay environmental compensation in future for causing air pollution by stubble burning, according to a new Bill introduced in Parliament on Friday to set up a commission for tackling the menace of toxic air in the National Capital Region (NCR) and adjoining areas.
The Bill, which seeks to set up a statutory authority with appropriate powers to tackle air pollution in the NCR and adjoining areas, was introduced in the Lok Sabha amid din created by opposition members over the Pegasus spying row and farmers' issue.
Once passed, 'The Commission for Air Quality Management in the National Capital Region and Adjoining Areas Bill, 2021' will replace an ordinance issued in the recent past.
According to the new Bill, ''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''.
The central government's Commission for Air Quality Management in the National Capital Region and its Adjoining Areas, established in October 2020, was shut down within five months of its constitution. It was shut in March 2021 due to lapsing of the Ordinance under which it was set up.
The Statement of Objects and Reasons of the Bill, piloted by Environment Minister Bhupender Yadav, states that it was noticed there is a lack of a permanent, dedicated and participative mechanism adopting a collaborative and participatory approach involving relevant central ministries, state governments, local bodies and other stakeholders to tackle air pollution, in the NCR and adjoining areas.
''It is observed that sources of air pollution, particularly in the National Capital Region, consist of a variety of factors which are beyond the local limits of the National Capital Region.
''Special focus is required on all sources of air pollution which are associated with different economic sectors, including power, agriculture, transport, industry, residential and construction,'' it read.
Since air pollution is not a localised phenomenon, the effect is felt in areas even far away from the source, creating the need for regional-level initiatives through inter-state and inter-city coordination in addition to multi-sectoral synchronisation, the statement of objects said.
For a permanent solution and to establish a self-regulated, democratically-monitored mechanism for tackling air pollution in NCR, it was deemed necessary to take up immediate legislative measures to set up a Commission for Air Quality Management in National Capital Region and Adjoining Areas, that would replace old panels to streamline public participation, inter-state cooperation, expert involvement and persistent research and innovation, it noted.
The commission shall consist of a full-time chairperson having experience of not less than 15 years in the field of environment protection and pollution control or having administrative experience of not less than 25 years.
It shall have a representative of the secretary, Ministry of Environment, who shall be an officer not below the rank of joint secretary, ex officio and five ex officio members who are either chief secretaries or secretaries in charge of the department dealing with environmental protection in the NCT of Delhi and the states of Punjab, Haryana, Rajasthan and Uttar Pradesh.
The Bill proposed that the commission will have one full-time member who is or has been a joint secretary to the government of India, three full-time independent technical members to be appointed from amongst persons having specific knowledge and experience in matters relating to air pollution, one technical member from the Central Pollution Control Board, ex officio, one technical member to be nominated by the Indian Space Research Organisation, ex officio.
It shall also have three members from non-governmental organisations having experience in matters concerning combating air pollution, one representative of the National Institution for Transforming India, not below the rank of Joint Secretary or Adviser, ex officio; 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; three members, being stakeholders from such sectors as agriculture, industry, transport or construction.
''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 70 years, whichever is earlier, and shall be eligible for re-appointment,'' it said.
The commission proposes up to five years of jail term or Rs one crore fine or both for violators, excluding farmers, with immediate effect.
''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,'' it said.
As Parliament was not in session and there was an immediate need for legislation in this regard, the Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020, was promulgated on October 28, 2020.
However, a bill to replace the ordinance could not be introduced in Parliament. Consequently, the Ordinance lapsed on March 12, 2021, and was promulgated on April 13, 2021.