What the Commission for Air Quality Management Does

The Explanation, in the now familiar words: the power to issue directions includes the power to direct (a) the closure, prohibition or regulation of any industry, operation or process, and (b) the stoppage or regulation of the supply of electricity or water or any other service.

Two of these deserve separate notice.

Clause (i) reaches other laws. The Commission coordinates action taken not only under this Act but under any other law for the time being in force which is relatable to the objects of this Act. So it may coordinate what the State Boards do under the Air Act and the Water Act, what municipal authorities do under their own statutes, and what the transport authorities do under the Motor Vehicles Act.

Clauses (iii) and (iv) put both kinds of standard in one place. Under the Air Act the Central Board sets air quality standards and a State Board sets emission standards. Here the Commission does both, for its region. That is the clearest possible expression of the single-airshed idea.

Sub-section (3): entry, inspection, search and seizure

Any person authorised by the Commission has a right to enter, at all reasonable times and with such assistance as he considers necessary, any place, for performing the Commission's functions, for determining compliance with the Act, the rules or any notice, order, direction or authorisation, and for examining and testing equipment, plant, records and material, conducting a search of a building where he has reason to believe an offence has been, is being or is about to be committed, and seizing anything that may furnish evidence.

Assistance and obstruction are offences. Every person carrying on any industry, operation or process or handling any hazardous substance is bound to render all assistance, and a failure without reasonable cause is an offence under the Act; wilfully delaying or obstructing an authorised person is likewise an offence.

The Code applies to a search or seizure as it applies to one under a warrant.

Note that here the failure to assist and the obstruction are offences, not penalties. Under the Environment (Protection) Act the same conduct became a penalty under section 14B on 1 April 2024. The CAQM Act was not amended, and its criminal character has survived the decriminalisation of the three older Acts.

Sub-section (4): samples

The Commission or an officer authorised by it may take samples of air from any factory, premises or other place in the prescribed manner. The result of an analysis is not admissible in evidence in any legal proceeding unless the procedure is followed: notice served then and there on the occupier, his agent or the person in charge; the sample collected in his presence; the container marked, sealed and signed by both; and sent without delay for analysis, with the usual provision for wilful absence or refusal to sign.

Identical in structure to section 11 of the Environment (Protection) Act, and the same lesson applies: the procedure is the case.

A worked example

The Commission finds that construction dust from a large project in Ghaziabad is a significant contributor to particulate levels in Delhi, and that the municipal authority has been issuing permissions without dust control conditions.

May it direct the developer? Yes, under section 12(2)(xi) read with the Explanation. It may regulate, prohibit or close the operation, and may direct the electricity supply to be stopped.

May it direct the municipal authority? Yes. The direction power reaches any person, officer or any authority, and clause (i) expressly covers coordination of action by authorities under any other law relatable to the objects of this Act.

May it set a dust standard for the site? Yes, under clause (iv), parameters for emission or discharge from any source having implications for air quality in the region, with different parameters permissible for different sources.

May the municipal authority answer that its own statute permits what it did? No. Sub-section (1) opens with a non obstante clause covering any other law for the time being in force, and section 28 gives the Act overriding effect.

Can an officer take a dust sample at the site? Yes, under sub-section (4), and the analysis will be inadmissible unless the notice, the presence, the countersigned seal and the prompt despatch are all observed.

What it does NOT mean

It does not mean the Commission may act outside its geography. Its powers are for protecting and improving air quality in the National Capital Region and adjoining areas.

It does not mean the Commission regulates water. Its subject is air quality, though clause (i) lets it coordinate action taken under other laws where that is relatable to its objects.

It does not mean a direction needs no hearing. As with section 33A of the Water Act and section 31A of the Air Act, the general law supplies the requirement, subject to genuine urgency.

It does not mean obstruction is a penalty here. Under this Act it remains an offence, and the 2023 and 2024 decriminalisation did not touch it.

Quick revision

• 12(1): notwithstanding any other law, power to take all such measures, issue directions and entertain complaints as the Commission deems necessary or expedient for air quality in the Region.
• 12(2): eleven powers, including coordination under any other law relatable to its objects, air quality parameters, emission parameters with different parameters for different sources, area restrictions, inspection and directions by order, appointment of officers with the Centre's prior approval, and directions in writing to any person, officer or authority.
• Explanation: directions include closure, prohibition or regulation, and stoppage or regulation of electricity, water or any other service.
• 12(3): entry at all reasonable times, examination, search and seizure; failure to assist and wilful obstruction are offences; the Code applies.
• 12(4): samples of air, inadmissible unless the notice, presence, countersigned seal and prompt despatch are observed.

Test yourself

1. What is unusual about where the non obstante clause sits in section 12? It sits at the head of the general power in sub-section (1), so that the whole of the Commission's power to take measures, issue directions and entertain complaints operates notwithstanding anything in any other law. In the Water Act and the Air Act the equivalent clause is attached only to the direction power in sections 33A and 31A. The effect here is that every measure the Commission takes, and not only a direction, overrides inconsistent law.

2. How does the Commission's standard-setting differ from the Air Act's? Under the Air Act the two kinds of standard are split: the Central Board lays down standards for the quality of air under section 16(2)(h) and a State Board lays down emission standards under section 17(1)(g). Under section 12(2)(iii) and (iv) the Commission does both for its region, laying down parameters for the quality of air and parameters for emission or discharge from any source having implications for air quality there. That single hand on both is the airshed idea in statutory form.

3. Is a person who obstructs an authorised officer of the Commission liable to a penalty or to prosecution? To prosecution. Section 12(3)(b) and (c) make it an offence to fail without reasonable cause to render assistance and to wilfully delay or obstruct an authorised person, and section 14 supplies the punishment. This Act was not amended by the Jan Vishwas Act 2023, so unlike the corresponding conduct under the Environment (Protection) Act, which became a penalty under section 14B on 1 April 2024, it remains criminal.

4. May the Commission direct a body that is not a polluter? Yes. Section 12(2)(xi) permits directions in writing to any person, officer or any authority, who shall be bound to comply, and clause (i) expressly extends to coordinating the actions of the Governments, officers and authorities of Delhi, Punjab, Haryana, Rajasthan and Uttar Pradesh under this Act or under any other law relatable to its objects. Combined with the Explanation, the Commission may direct an electricity distributor to disconnect a supply or a municipal authority to change how it grants permissions.