Current Affairs 2022: Air Quality Management in National Capital Region Bill

By Ankita Rawat

Air Quality Management in National Capital Region and Adjoining Areas Bill, 2021 was recently announced in the Parliament of India. Read here the important points related to the bill.

The Commission for Air Quality Management in National Capital Region and Adjoining Areas Bill, 2021 was announced on 13^th April 2021. The law provides for the constitution of a Commission for better identification, research, coordination, solutions of problems related to air quality in the National Capital Region and adjoining areas. The adjoining areas have been outlined as areas in the states of Punjab, Haryana, UP, and Rajasthan adjoining NCR where pollution can cause a severe impact on the quality of Air in the National Capital Region. The law also dissolves the Environment Pollution Prevention and Control Authority that was established in 1998.

Background of the Commission

Primarily, the Commission for Air Quality Management in National Capital Region and Adjoining Areas Bill, 2021 was introduced by the President in October 2020 but the Commission to replace the ordinance was not passed by the Parliament in the budget session that resulted the Commission to operate in March 2021.

Need for the Bill

The sources of air pollution especially in the NCR includes several factors that are beyond the local limits. So, there a special focus is required for all the sources of air pollution that are connected with different economic sectors which include agriculture, power, industry, transport, construction, and residential. Air pollution is not a narrow phenomenon, the effect is seen in all the areas even from far away from the source, thus creating the importance of regional-level initiatives through inter-city and inter-state coordination beyond multi-sectorial synchronisation.

The salient features of the 2021 Bill include-

Functions of the Commission- The Commission for Air Quality Management in National Capital Region and Adjoining Areas Bill, 2021 includes coordinating actions taken under the rules stated by the concerned state government, the states include Delhi, Punjab, Haryana, UP, and Rajasthan. Planning and executing plans to control and prevent air pollution. Providing a proper framework for identifying the source of air pollutants. Organizing research and development with technical institutions through networking. Creating and training a special workforce to handle problems related to air pollution and preparing several action plans like increasing plantation and tackling stubble burning.

Powers of the Commission

The Commission can restrict activities that are influencing the air quality. Investigate and conduct research linked to environmental pollution affecting air quality. Formulate codes and rules to control and prevent air pollution.  The Commission issues instructions on problems including regulation or inspections that will be binding on the concerned authority or person. Also, it can collect and impose environmental compensation from the farmers who are producing pollution by stubble burning; however, the compensation will be decided by the central government.

The Commission will be the only authority with control over matters defined in the Ordinance like air quality management. If in any conflict, the orders or instructions of the Commission will prevail over the orders of the particular state governments, state PCBs, the Central Pollution Control Board, and the state-level statutory bodies.

Composition of the Commission

The commission will include a chairperson, a currently serving or former Joint Secretary from the Central government as a full-time member, an officer with a rank of a Joint Secretary as the member-secretary, and Chief Coordinating Officer, three independent technical members with expertise in air pollution and three members from NGOs. The tenure will be of three years or till the age of 70 years for both Chairperson and members of the Commission.

The Commission will include ex-officio members from the concerned state government and the central government, technical members from ISRO, CPCB, and NITI Aayog. The commission may appoint the representatives of certain ministries.

Sub-Committees

The sub-committees are required to form for various purposes including identification and monitoring, enforcement and safeguarding, research and development. This committee will be led by the Chairperson, a member, and a technical member.

Selection Committee

The selection committee will be formed by the central government for suggesting appointments of members of the Commission. The Committee will be controlled by the Minister in charge of the Ministry of Environment, Forest, and Climate Change. The members of the Committee will consist of the Ministers in charge of Commerce and Industry, Science and Technology, Road Transport and Highways, and the Cabinet Secretary.

Penalties

Violation of regulations of the Law, or orders and instructions of the Commission will be punishable with imprisonment till five years or a fine with one crore or both. The National Green Tribunal will hear all the appeals against the Commission’s orders.

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About the Author

  Ankita Rawat is doing graduation in BA(JMC) from JIMS Vasant Kunj, New Delhi.