June 10, 2021

THE COMMISSION FOR AIR QUALITY MANAGEMENT IN NATIONAL CAPITAL REGION AND ADJOINING AREAS ORDINANCE, 2020

INTRODUCTION:-
The Commission for Air Quality Management in capital Region and neighboring Areas Ordinance, 2020 was publicise on Oct twenty eight, 2020. The Ordinance provides for constitution of a Commission for higher co-ordination, research, identification, and determination of issues associated with air quality within the capital region (NCR) and neighboring areas. Neighboring areas refers to areas within the states of Haryana, Punjab, Rajasthan, and province wherever any supply of pollution could cause adverse impact on air quality within the NCR.

KEY HIGHLIGHTS AND MAIN POINTS OF THE COMMISSION:-
1.) Functions of the Commission:
The Functions of the Commission include:

  • Co – ordinating actions taken underneath the Ordinance by involved state governments (Delhi, Haryana, Punjab, Rajasthan, and Uttar Pradesh),
  • Coming up with and death penalty plans to stop and management pollution within the region,
  • Providing a framework for identification of air pollutants,
  • Conducting analysis and development through networking with technical establishments,
  • Coaching and making a special hands to alter problems associated with pollution, and:
  • Making ready numerous action plans like increasing plantation and addressing husk burning.

2.) Powers of the Commission:
The Powers of the Commission include:

  • Proscribing activities influencing air quality,
  • Investigation and conducting analysis associated with environmental pollution impacting air quality,
  • Making ready codes and pointers to stop and management pollution, and (iv) supply directions which can be binding on the involved person or authority.
    “The Commission are the only authority with jurisdiction over matters outlined within the Ordinance (such as air quality management). just in case of any conflict, the orders or directions of the Commission can prevail over the orders of the state governments (of Delhi, Haryana, Punjab, Rajasthan, and Uttar Pradesh), the Central Pollution electrical device (CPCB), state PCBs, and state-level statutory bodies.”

3.) Composition of Members in Commission:
The Commission can consist of:

  • A chairman,
  • Two Joint Secretaries from the central government,
  • Three persons with information and experience associated with pollution as freelance technical members, and
  • Three members from non-government organizations.

The Commission will embody ex-officio members:
a.) from the central government and anxious state governments, and
b.) As technical members from CPCB, Indian house analysis Organization (ISRO), and NITI aayog.

Additionally, the Commission could appoint representatives of sure ministries as associate members.
The chairman and members of the Commission can have a tenure of 3 years or until the age of seventy years, whichever is earlier.

4.) Selection Committee:
“The appointment of the chairman and members of the Commission are done by the central government on the recommendations of a range Committee. The Committee are headed by the Minister in-charge of the Ministry of atmosphere, Forest and global climate change because the Chairperson.”
Further, the Committee can embody the cupboard Secretary and therefore the Minister in-charge of:
a.) Ministry of Commerce and trade,
b.) Ministry of Road Transport and Highways, and
c.) Ministry of Science and Technology.

5.) Sub-Committees:
The Commission is needed to create a minimum of 3 sub-committees:

  • Sub-committee on watching and identification,
  • Sub-committee on safeguarding and social control, and
  • Sub-committee on analysis and development.

These sub-committees are headed by:

  • A member of the Commission,
  • The chairman of the Commission, and
  • A technical member of the Commission, severally.

6.) Penalties:
If any person do any act which is non – compliance or violation of the provision of this ordinance or orders and directions of the commission so he shall be punished under authorized Act.

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