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Penalties for non-compliance of CAQM ​Orders

Penalties for non-compliance of CAQM

Section 14 of the CAQM Act provides for the following penalties for non-compliance or contravention of the provisions of the Act, rules made thereunder, or any order or direction issued by the Commission:

  • Imprisonment for a term that may extend up to five years
  • Fine which may extend up to one crore rupees
  • Both imprisonment and fine
  • The penalties for non-compliance or contravention of the Act are intended to be severe enough to deter polluters from violating the law and to protect the environment. 
  • The penalties are also intended to send a message that the government is serious about improving air quality in the National Capital Region and adjoining areas.

 

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Some Important things to note about the penalties under Section 14 of the CAQM Act:

  • The penalties do not apply to farmers for causing air pollution by stubble burning or mismanagement of agricultural residue. This is because the government recognizes that stubble burning is a traditional practice for farmers in the region and that it is difficult for farmers to find alternative methods of crop residue management.
  • The penalties are imposed by the Jurisdictional Judicial Magistrate of the First Class. This means that the case will be heard by a court of law and that the accused will have the right to a fair trial.
  • The penalties can be imposed on individuals, companies, and government departments. This means that anyone who violates the CAQM orders can be held accountable, regardless of their size or status.

The penalties under Section 14 of the CAQM Act are a powerful tool that the government can use to improve air quality in the National Capital Region and adjoining areas. The government should use these penalties judiciously to deter polluters and to protect the environment.

In addition to the penalties under Section 14 of the Act, the Commission may also impose EC (environmental compensation) on farmers causing air pollution by stubble burning. Environmental compensation is a financial penalty that is intended to deter polluters from engaging in harmful activities and to compensate the victims of pollution. The environmental compensation that is imposed by the Commission will be used to fund measures to improve air quality in the National Capital Region and adjoining areas.

The environmental compensation provisions of the act are a relatively new tool that the government can use to improve air quality. The government should use these provisions effectively to deter farmers from stubble burning and to improve air quality in the National Capital Region and adjoining areas.

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