on 6th december, 2019 bill no lxix of  2019 the right to breathe clean air bill, 2019 a billto provide every citizen the right to breathe clean air, free from pollutants and industrialeffluents; to empower the appropriate authorities to combat air pollution; toenhance air quality monitoring across urban and rural areas; to givelegislative sanction to the national-level strategy set out in thenational clean air program (ncap) and for mattersconnected therewith or incidental theretowhereas the right to breathe clean air enumerates from protection of life and personal liberty as enshrined in article 21 of our constitution;and whereas this right to clean air has been interpreted to mean, but is not limited to, the freedom to live and breathe clean air, wihtout regard whether an individual is in rural or urban india;and whereas the right to clean air requires access without discrimination, but due to economic disparity, only a privileged few have access to clean air;and whereas vehicular, industrial and dust pollution and construction works are the major sources of pollutants across the urban parts of the nation and biomass burning remains a concern in the rural areas, with particulate matters proving to be the major challenge across the nation;and whereas the right to clean air should be a right available to future generations of indians, just as our ancestors taught us to live in harmony with the environment;now, therefore, it is necessary to provide for an enforceable means to protect the access and right of all individuals to clean airbe it enacted by parliament in the seventieth year of the republic of india as follows:— 1 (1) this act may be called the right to breathe clean air act, 2019(2) it shall extend to the whole of india, save as otherwise provided in this actshort title, extent and commencement5(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 (1) in this act unless the context otherwise requires:—10(a) "appropriate government" means in relation to the central government or a union territory administration, the central government; in relation to a state government, that state government; and in relation to public authority which is established, constituted, owned controlled or substantially financed by funds provided directly or indirectly:—(i) by the central government or a union territory administration, the central government;(ii) by a state government, that state government;15 29 of 1986(b) "appropriate authority" means the environment pollution (prevention and control) authority (epca) as constituted under the environment (protection) act, 1986 or other such body as the central government may deem fit to carry out such functions;20(c) "clean air" means air that does not contain pollutants or such substances, in such concentration or emission above the limits or levels of exposure as are set out in—(i) schedule i (pollutants relating to local and atmospheric pollution); (ii) schedule ii (indoor air pollutants); (iii) schedule iii (pollutants causing environmental harm); (iv) schedule iv (pollutants causing climate change);25to this act;30(d) "pollutants" means those particles, gases or other substances that are emitted directly into the air or are formed from secondary chemical reactions in the air, including smoke, grit, dust, fumes, aerosols, volatile organic compounds, carbon dioxide, and other greenhouse gases; and(e) "pollution free zones" menas those geographical areas as defined by orders passed by the approprite authority from time to time (2) all other words expressions used herein but not defined and defined in the general clauses act, 1897 or the code of criminal procedure, 1973 as the case may be, shall have the same meanings as assigned to them in those acts35right to clean air3 in exercising the powers conferred by this act, regard shall be had to the following considerations, namely:—40(1) that the right to breathe clean air shall be right available to each individual, irrespective of socio-economic background, and that such right shall not be circumscribed in any way;(2) that article 21 of the constitution enumerates the right to clean air as a fundamental right and that india is party to international treaties which expressly state such a right;5(3) that the environment pollution (prevention and control) authority (epca)shall take into account the best available scientific knowledge and guidance on ambient air pollutants from the world health organization (who);(4) that the epca shall take the necessary steps to ensure that all industries, factories, workplaces, manufacturers, shall be monitored for signs of air pollution;(5) that employers shall ensure that adequate measures are taken to ensure that ambient air quality in the workplace is within prescribed norms;10(6) that while there may be exceptions and restrictions to this right, due regard shall be paid to ensuring that such restriction and exceptions are limited by nature of time and space154 the central government may, if it considers it necessary or expedient to do so for the purposes of this act, by order, grant the appropriate authority the exercise of such powers to perform the functions or taken the measures so mentioned in the order required to exercise those powers or perform those functions as mentioned in this actgovernment to empower the appropriate authority5 (1) the appropriate authority shall ensure that:—20functions of the appropriate authority(a) the accurate and regular assessment of air pollution is conducted across each district in india; and(b) the provision of detailed information about air pollution and ambient air quality in india to the public on a weekly basis;and may pass such order or regulation so as to comply with this duty25(2) the appropriate authority, in order to monitor air pollution under sub-section (1), shall:—(a) designate certain areas within metropolitan areas as 'pollution free zones'; (b) designate certain areas which may be exempt from the concentrations of pollutants as specified under schedules i to iv as 'exempt zones' in such manner as may be prescribed;30(c) ensure regular sampling, measurement and modelling of ambient air pollutants,including the deposition of pollutants, listed in schedule i;(d) ensure regular sampling, measurement and reporting of indoor airpollutants listed in schedule ii;35(e) ensure regular sampling, measurement and modelling of ambient  pollutantscausing primarily environmental harm listed in schedule iii; and(f) ensure regular sampling, measurement, modelling and reporting of other airpollutants causing climate change listed in schedule iv(3) the appropriate authority may, in order to carry out its duties provided in subsection (2) frame such regulations which shall:—40(a) require owners of buildings used as places of work to comply with thestandards and concentrations of pollutants as listed in schedules i to iv to this act and to obtain a certificate of compliance which may be updated from time to time as per orders of the appropriate authority;45(b) specify the manner in which the certificate of compliance shall be suspendedin respect of such owners of buildings which are used as places of work which no longer comply with the standards and concentrations of pollutants as listed in schedules i to iv to this act; and(c) require the owners of buildings which are used as places of work which no longer comply with the standards and concentrations of pollutants as listed in schedules i to iv this act to pay a fine as laid out under schedule v to this act pollutants  relating  to  local  and  atmospheric  pollutionpollutant concentrationspollutantunitaveraging periodblack carbon6 μg/m324 hours (35 permitted exceedances each year)3 μg/m31 yearbenzene (c6h6)35 μg/m31 year1, 3 butadiene225 μg/m31 yearformaldehy de86 μg/m31 year(hcho) ground-level ozone240 μg/m3 (alert1 hour(o3)threshold)180 μg/m31 hour(information threshold)100 μg/m3running 8 hours (10 permitted  exceedances each year)lead025 μg/m31  yearnitrogen dioxide200 μg/m31 hour (18 permitted(no2)exceedances each year)40 μg/m31 yearparticulate matter (pm1,pm1: 185 μg/m324 hours (35 permittedpm25 and  pm10)exceedances each year)pm1: 75 μg/m31  yearpm25: 100 μg/m3running 8 hours(alert level)pm25: 25 μg/m324 hours (35 permitted exceedances each year)pm25: 10 μg/m31 yearpm10: 50 μg/m324 hours (35 permitted exceedances each year)pm10: 20 μg/m31 yearpolycyclic aromatic025 ng/m31 yearhydrocarbons expressed as concentration of benzo(a) pyrene| pollutant                | unit                 | averaging period   ||--------------------------|----------------------|--------------------|| sulphur dioxide (so      |                      |                    || 2                        |                      |                    || )                        | 500                  |                    ||                          |                      |                    || μ                        |                      |                    || g/m                      |                      |                    || 3                        |                      |                    || 10 minutes (24 permitted |                      |                    || exceedances each year)   |                      |                    || 20                       |                      |                    ||                          |                      |                    || μ                        |                      |                    || g/m                      |                      |                    || 3                        |                      |                    || 24 hours (3 permitted    |                      |                    || exceedances each year)   |                      |                    || pollutant exposures      |                      |                    || particulate              | pm                   |                    || 25                      |                      |                    || : 65                    |                      |                    ||                          |                      |                    || μ                        |                      |                    || g/m                      |                      |                    || 3                        |                      |                    || 5 percent per            |                      |                    || matter (pm               |                      |                    || 25                      |                      |                    || )                        | (population weighted | calendar year      || exposure within          | until the limit is   |                    || each zone and            | reached              |                    || agglomeration)           |                      |                    | indoor  air  pollutants biological indoor air pollutants (dampness and mould)| pollutant                                          | concentration          | averaging period   ||----------------------------------------------------|------------------------|--------------------|| dampness                                           | zero                   | n/a                || mould                                              | zero                   | n/a                || pollutant-specific guidelines (chemical pollution) |                        |                    || pollutant                                          | unit                   | averaging period   || benzene (c                                         |                        |                    || 6                                                  |                        |                    || h                                                  |                        |                    || 6                                                  |                        |                    || )                                                  | 35                    |                    || μ                                                  |                        |                    || g/m                                                |                        |                    || 3                                                  |                        |                    || 1 year                                             |                        |                    || 1, 3 butadiene                                     | 225                   |                    || μ                                                  |                        |                    || g/m                                                |                        |                    || 3                                                  |                        |                    || 1 year                                             |                        |                    || carbon monoxide (co)                               | 7 mg/m                 |                    || 3                                                  |                        |                    || 24 hours                                           |                        |                    || formaldehyde                                       | 86                    |                    || μ                                                  |                        |                    || g/m                                                |                        |                    || 3                                                  |                        |                    || 1 year                                             |                        |                    || (hcho)                                             |                        |                    || hydrogen sulphide                                  | 7                      |                    || μ                                                  |                        |                    || g/m                                                |                        |                    || 3                                                  |                        |                    || 30 minutes                                         |                        |                    || (h                                                 |                        |                    || 2                                                  |                        |                    || s)                                                 | 015                   |                    || μ                                                  |                        |                    || g/m                                                |                        |                    || 3                                                  |                        |                    || 24 hours                                           |                        |                    || nitrogen dioxide                                   | 200                    |                    || μ                                                  |                        |                    || g/m                                                |                        |                    || 3                                                  |                        |                    || 1 hour (no                                         |                        |                    || (no                                                |                        |                    || 2                                                  |                        |                    || )                                                  | exceedances)           |                    || 40                                                 |                        |                    || μ                                                  |                        |                    || g/m                                                |                        |                    || 3                                                  |                        |                    || 1 year                                             |                        |                    || naphthalene                                        | 001 mg/m              |                    || 3                                                  |                        |                    || 1 year                                             |                        |                    || polycyclic aromatic                                | zero                   | n/a                || hydrocarbons (pahs)                                |                        |                    || expressed as                                       |                        |                    || concentration                                      |                        |                    || of benzo(a) pyrene                                 |                        |                    || radon                                              | 100 becquerels/m       |                    || 3                                                  |                        |                    || 3 months                                           |                        |                    || tetrachloroethylene                                | 025 mg/m              |                    || 3                                                  |                        |                    || 1 year                                             |                        |                    || trichloroethylene                                  | zero                   | n/a                || pollutants from indoor combustion of fuels         |                        |                    || pollutant                                          | unit                   | averaging period   || particulate matter                                 | pm                     |                    || 1                                                  |                        |                    || : 185                                             |                        |                    || μ                                                  |                        |                    || g/m                                                |                        |                    || 3                                                  |                        |                    || 24 hours (35 permitted                             |                        |                    || (pm                                                |                        |                    || 1                                                  |                        |                    || ,                                                  | exceedances each year) |                    || pm                                                 |                        |                    || 25                                                |                        |                    || and pm                                             |                        |                    || 10                                                 |                        |                    || )                                                  |                        |                    || pm                                                 |                        |                    || 1                                                  |                        |                    || : 75                                              |                        |                    || μ                                                  |                        |                    || g/m                                                |                        |                    || 3                                                  |                        |                    || 1 year                                             |                        |                    || pm                                                 |                        |                    || 25                                                |                        |                    || : 25                                               |                        |                    || μ                                                  |                        |                    || g/m                                                |                        |                    || 3                                                  |                        |                    || 24 hours (35 permitted                             |                        |                    || exceedances each year)                             |                        |                    || pm                                                 |                        |                    || 25                                                |                        |                    || : 10                                               |                        |                    || μ                                                  |                        |                    || g/m                                                |                        |                    || 3                                                  |                        |                    || 1 year                                             |                        |                    || pm                                                 |                        |                    || 10                                                 |                        |                    || : 50                                               |                        |                    || μ                                                  |                        |                    || g/m                                                |                        |                    || 3                                                  |                        |                    || 24 hours (35 permitted                             |                        |                    || exceedances each year)                             |                        |                    || pm                                                 |                        |                    || 10                                                 |                        |                    || : 20                                               |                        |                    || μ                                                  |                        |                    || g/m                                                |                        |                    || 3                                                  |                        |                    || 1 year                                             |                        |                    | infiltration of outdoor air into indoor environments| pollutant              | unit                   ||------------------------|------------------------|| particulate matter     | pm                     || 25                    |                        || : 125                 |                        || μ                      |                        || g/m                    |                        || 3                      |                        || 24 hours (35 permitted |                        || (pm                    |                        || 25                    |                        || and                    | exceedances each year) || pm                     |                        || 10                     |                        || )                      |                        || pm                     |                        || 25                    |                        || : 5                    |                        || μ                      |                        || g/m                    |                        || 3                      |                        || 1 year                 |                        || pm                     |                        || 10                     |                        || : 25                   |                        || μ                      |                        || g/m                    |                        || 3                      |                        || 24 hours (35 permitted |                        || exceedances each year) |                        || pm                     |                        || 10                     |                        || : 10                   |                        || μ                      |                        || g/m                    |                        || 3                      |                        || 1 year                 |                        | pollutants  causing  primarily  environmental  harmpollutant concentrationspollutantunitcalendar yearammonia (nh3)3 μg/m31 yearground-level ozoneaot40 (calculatedsummer (1 april to(o3)from 130 september)hour values)6,000μg/m3 hoursnitrogen oxides (nox)75μg/m324 hours(expressed as no2)30μg/m3calendar yearsulphur dioxide20μg/m3calendar year and winter(so2)(1october to 31 march)pollutant emissionspollutantunitcalendar yearammonia (nh3)283 kilotonnes2020271 kilotonnes2025258 kilotonnes2030non-methane volatile689 kilotonnes2020organic compounds671 kilotonnes2025(nmvocs)654 kilotonnes2030oxides of nitrogen724 kilotonnes2020(nox)579 kilotonnes2025434 kilotones2030particulate matter79 kilotonnes2020(pm25)70 kilotonnes202561 kilotonnes2030sulphur dioxide (so2)292 kilotonnes2020188 kilotonnes202585 kilotonnes2030pollutants  causing  climate  changenon-fluorinated gasespollutant or measuremtco2eperiod or calendar yearmethane (ch4)reduce emissions by2030around 19% below 2015 levelsnitrous oxide (n2o)reduce emissions by2030around 19% below2015 levelsfluorinated gasespollutantmtco2ecalendar yearhydrofluorocarbonsreduce emissions by2030at least 79% below 2015 levels reduce emissions by at2036least 86% below 2015 levelsnitrogen trifluoridereduce emissions by at2030least 68% below 2016 levelsperfluorocarbonsreduce emissions by at2030least 68% below 2016 levelssulphur hexafluoridereduce emissions by at2030least 68% below 2016levels [clause 5(3) (d)]penalty matrixtime of offenceindividualcorporate bodyfirst offence under thenot exceeding rs 10,000not exceedingactrs 100,000second offence undernot exceeding rs 15,000not exceedingthe actrs 150,000third offence under thenot exceeding rs 25,000not exceedingactrs 250,000any subsequent offencenot exceeding rs 50,000not exceedingrs 500,000 statement  of  objects  and  reasonsthe national capital of india witnessed an air emergency every year, where air quality remained hazardous on aqi, creating a state of panic, fear, seen medical distress and may be medical damages to many individuals that may be unnoticed now this situation sparked a state of panic and confusion both amongst our citizen, in privileged class as well as unprivileged class alike it was not limited to national capital alone but spread over many areas in our country, across political boundaries of different states ruled by different political parties while it was evident that government's efforts proved dwarfed against the challenge of pollution emergency mounted yet this year againit is therefore, i believe, cannot be left in present state of affairs and central government has to step in with a more pro-active role, that can be provided only through a legislation mask and air purifiers were being sold increasingly however, experts are varied on their utility in our country, and not everyone can afford it this creates a situation where, even if masks and air purifiers work, they give an advantage and preference to few privileged over majority of underprivilegedit is need of the hour that individuals & institutions unite and work towards meeting this challenge, on a defined blueprint though the central government announced ncap (national clean air program) earlier this year, there appears a need to do much more a study should be done, if masks or air purifiers work as even if they do, it's a ethical debate whether some privileged citizen have more than equal right to life and liberty than other citizena right to breathe for citizen is a fundamental requirement of right to life, which is and can be guaranteed only when there is right, and more importantely opportunity to breathe clean airhence, this billrk sinha———— a billto provide every citizen the right to breathe clean air, free from pollutants and industrial effluents; to empower the appropriate authorities to combat air pollution; to enhance air quality monitoring across urban and rural areas; to give legislative sanction to the national-level strategy set out in the national clean air program (ncap) and for matters connected therewith or incidental thereto————(shri rk sinha, mp)mgipmrnd—4346rs(s3)—11-12-2019