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.