Commission for Air Quality Management in the NCR

  • December 1, 2020
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Subject: Governance

Context: The Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020 was promulgated.

Concept:

  • The Ordinance provides for constitution of a Commission for better co-ordination, research, identification, and resolution of problems related to air quality in the national capital region (NCR) and adjoining areas.
  • Adjoining areas refers to areas in the states of Haryana, Punjab, Rajasthan, and Uttar Pradesh where any source of pollution may cause adverse impact on air quality in the NCR.

Composition of the Commission:

  • The Commission will be headed by a full-time chairperson who has been a Secretary to the Government of India, or a Chief Secretary to a State government.
  • The chairperson will hold the post for three years or until s/he attains the age of 70 years.
  • It will have members from several Ministries as well as representatives from the stakeholder States.
  • It will have experts from the CPCB, Indian Space Research Organisation (ISRO) and Civil Society.

Responsibilities:

  • In matters of air pollution and air quality management, the Commission will supersede all existing bodies such as the CPCB, and even the state governments of Haryana, Punjab, Rajasthan, and Uttar Pradesh. It will have the powers to issue directions to the states.
  • CPCB and its State branches have the powers to implement provisions of the Environment Protection Act, 1986 for air, water and land pollution. Their powers continue.
  • However, in case of dispute or a clash of jurisdictions, the Commission’s writ will prevail specific to matters concerning air pollution.
  • The Commission will also coordinate efforts of state governments to curb air pollution, and will lay down the parameters of air quality for the region.
  • It will have powers to restrict the setting up of industries in vulnerable areas, and will be able to conduct site inspections of industrial units.
  • If its directions are contravened, the Commission will have the power to impose a fine of up to Rs. 1 crore and imprisonment of up to 5 years.
  • Only the National Green Tribunal (NGT), and not civil courts, is authorised to hear cases where the Commission is involved.

Selection Committee:

  • The appointment of the Chairperson and members of the Commission will be done by the central government on the recommendations of a Selection Committee. The Committee will be headed by the Minister in-charge of the Ministry of Environment, Forest and Climate Change as the Chairperson.
  • Further, the Committee will include the Cabinet Secretary and the Minister in-charge of: (i) Ministry of Commerce and Industry, (ii) Ministry of Road Transport and Highways, and (iii) Ministry of Science and Technology
Commission for Air Quality Management in the NCR Governance