In exercise of the power conferred by Section 4 clause 4 of the Water Prevention and Control of Pollution Act

## Policy Analysis Report: Delegation of Powers for Pollution Control in Jammu & Kashmir **1. Executive Summary:** This report analyzes a notification issued by the Central Pollution Control Board (CPCB) on March 25, 2021, regarding the delegation of powers under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 to a committee specified by the Central Government for the Union Territory of Jammu and Kashmir. The core purpose of this policy is to transfer the CPCB's authority regarding water and air pollution control to a locally constituted committee in the Union Territory. Key findings reveal the specific composition of this committee, outlining its diverse membership representing various governmental and non-governmental bodies. **2. Introduction:** This report aims to provide a comprehensive overview of the CPCB's notification concerning the delegation of powers related to pollution control in Jammu and Kashmir. The analysis is based solely on the provided text of the notification. **3. Policy Overview:** This is a *new* policy establishing a delegation of authority. * **Core Objective(s):** As inferred from the text, the primary objective is to delegate the CPCB's powers, as stipulated by the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981, to a committee responsible for Jammu and Kashmir. This likely aims to streamline and localize pollution control efforts within the Union Territory. **4. Background and Rationale:** * **Likely Problem/Issue Addressed:** The policy likely addresses the need for more localized and efficient pollution control measures within the Union Territory of Jammu and Kashmir. By delegating powers to a committee composed of local officials and experts, the CPCB potentially aims to improve responsiveness to local environmental challenges and ensure better implementation of pollution control regulations. The text implies that the CPCB previously held direct authority, and this change seeks to distribute that authority locally. **5. Key Provisions / Changes:** * **New Policy Details:** The notification establishes a committee called the "Jammu Kashmir Pollution Control Committee" and delegates to it all powers vested in the CPCB under the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981, within the Union Territory of Jammu and Kashmir. * The committee's composition is explicitly defined, including representatives from various government departments (Forest, Ecology, Environment, Industries, Commerce, Housing, Urban Development, Transport, Health, and Medical Education), Municipal Corporation, Government Medical College, Ministry of Environment, Forest and Climate Change, academia, and industry. * The notification states that it comes into force with immediate effect. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders directly affected by this policy include: * Industries operating within the Union Territory of Jammu and Kashmir, as they will now be subject to the regulations and oversight of the Jammu Kashmir Pollution Control Committee. * Government agencies and departments represented on the committee, as they assume new responsibilities related to pollution control. * The residents of Jammu and Kashmir, who are ultimately the beneficiaries of improved environmental quality. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Jammu Kashmir Pollution Control Committee is the primary body responsible for implementing the delegated powers. The CPCB retains an oversight role through its Member Secretary's representation on the committee. * **Timelines/Procedures:** The notification takes effect immediately. The text does not explicitly mention specific timelines or procedures for implementation, but it can be inferred that the newly formed committee will need to establish its operational protocols and begin exercising its delegated authority promptly. **8. Expected Outcomes / Impact of Changes:** * **Likely Intended Outcomes:** The likely intended outcomes of this delegation of powers include: * More effective enforcement of pollution control regulations within Jammu and Kashmir due to localized decision-making. * Improved coordination among various government departments and stakeholders involved in environmental management. * Increased responsiveness to local environmental issues and concerns. * Potentially, a reduction in water and air pollution levels within the Union Territory. **9. Conclusion:** The CPCB's notification represents a significant shift in the governance of pollution control within the Union Territory of Jammu and Kashmir. By delegating its powers to a locally constituted committee, the policy aims to enhance the effectiveness and responsiveness of environmental regulation. This shift will likely require industries operating in Jammu and Kashmir to adapt to the oversight of the new committee, which now holds the authority to enforce the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981.

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