INTRODUCTION

Tractor Manufacturing Industry does not fall under the Automobile Manufacturing Industry rather it is a separate industry within itself. The Tractors Manufacturing Industry is a very little-known industry in India as a consequence of which hardly anyone knows the environmental compliances that this industry has to fulfil in order to achieve its purpose. The industry falls within RED category. Moreover, the tractors are considered under the Ministry of Agriculture and Farmer Welfare in India. The major tractor manufacturers in India are Mahindra and Mahindra, John Deere, Sonalika Tractors, New Holland Tractors, TAFE, etc.

In order to abide by the environmental compliances, these industries have to obtain the Consent to Establish and Consent to Operate from the State Pollution Control Boards. A recent instance was when a New Holland Tractor Manufacturing company at Greater Noida was sealed for polluting river Hindon, thereby the environmental compliances are of extreme necessity to this industry and if they fail to comply, severe actions are taken against them. For instance, even the Hon'ble National Green Tribunal reprimanded the New Holland company in the said case.

This blog is an attempt to enlist the environmental compliances that the tractor manufacturers have to obtain and abide by so as to achieve their purpose.

CONSENT TO ESTABLISH AND CONSENT TO OPERATE

Before establishing the unit, the first stage is obtaining consent to establish from the State Pollution Control Board (hereinafter as "SPCB") for any and all industrial or commercial establishments, including Tractor Manufacturers as well as those that already exist and have not obtained consent to establish. The proponent of the project is required to submit an application for consent to operate after completing all of the requirements outlined in the consent to establish before beginning operations. This application must be submitted one month before operations are scheduled to begin.

The Consent to Establish and Consent to Operate are granted under the following statute and rules:

A. Consent under Water (Prevention and Control of Pollution) Act -

As per Section 25 of the Water (Prevention and Control of Pollution) Act, no person shall create or take any measures toward the establishment of any enterprise, operation, or process, or any treatment and disposal system, or any expansion or extension thereto, which is anticipated to release sewage or trade effluent into a stream, well, sewer, or on land (such release being hereafter known as discharge of sewage); or bring into use any new or changed outlet for the discharge of sewage; or start to make any new emission of sewage without the consent of SPCB.

The Section further also underlined the types of conditions that SPCB may impose while granting its consent i.e.,

  1. restrictions on the discharge point or the use of that outlet or any other outlet for sewage discharge;
  2. in the event of a new discharge, restrictions on the kind and composition, temperature, volume, or rate of emission of the effluent from the land or premises from which the release or new release is to be made;
  3. and that the consent will be valid only for such period as may be specified in the order.

Anyone setting up or moving toward setting up any industry, operation, or process, or any extension or addition to its treatment and disposal system, or using the new or altered outlet, or discharging effluent from the aforementioned land or premises, shall be bound by any such conditions imposed by the SPCB. The SPCB may also refuse such consent for reasons that will be documented in writing.

In addition, Section 44 of the Water (Prevention and Control of Pollution) Act specifies the penalties for violations of Sections 25 and 26. According to the law, anybody who violates section 25 or section 26 is subject to imprisonment for a time that shall not be less than one year and six months, but which may extend to six years, and a fine.

In addition, Section 45 of the Water (Prevention and Control of Pollution) Act provides for Enhanced Penalty after Previous Conviction, which states that if a person who has been convicted of an offence under Section 24 or Section 25 or Section 26 is again proven guilty of an offence that include a clear violation of the same provision, he shall, on the second and on every subsequent conviction, be punished with imprisonment for a term that shall not be less than two years but which may extend to 7 [seven years] and with a fine. The caveat to this clause, however, specifies that for the purposes of this section, no conviction occurring more than two years prior to the commission of the offence being penalised shall be considered.

B. Consent under Air (Prevention and Control of Pollution) Act -

Section 21 of the Air (Prevention and Control of Pollution) Act provides that "Subject to the provisions of this section, no person shall, without the previous consent of the State Board, establish or operate any industrial plant in an air pollution control area."

In addition, Section 37 of the Air (Prevention and Control of Pollution) Act outlines the consequences for failing to comply with the terms of Sections 21 or 22, or with the directives given under Section 31A. Whoever fails to comply with the requirements of Section 21 or Section 22, or with orders given under Section 31A, will be punished, in respect of any such failure, with imprisonment for a term which shall not be less than one year and six months, but which may extend to six years, and with fine, and in case the failure persists, with an additional punishment which may amount to five thousand rupees for every day during which such failure continues after conviction for the initial offence. If the failure committed continues for more than one year after the date of conviction, the offender must be punished with imprisonment for a term that shall not be less than two years but may extend to seven years, and with a fine.

C. Compliance under Rule 06 of the Hazardous and Other Wastes (Management and Transboundary Movement) is also required for the Grant of authorisation for managing hazardous and other wastes -

Rule 07 of the Hazardous and Other Wastes (Management and Transboundary Movement) grants the SPCB the authority to suspend or revoke any authorization granted by it if the company or individual violates it. If the SPCB is of the opinion that the holder of the authorization has failed to comply with any of the conditions of the authorization or with any provisions of the Act or these rules, then, after providing him a reasonable chance of being heard and after documenting the reasons therefor in writing, the State Pollution Control Board may revoke or suspend the authorization that was given under Rule 6 for such a length of time as it deems appropriate in order to protect the general public interest. If an authorization is revoked, the SPCB may provide guidelines for the safe storage and management of hazardous and other wastes to the affected party, and that party must follow those guidelines or face further revocation of their authorization.

CONCLUSION

The sinking of Joshimath is a clear depiction of how slowly environmental change would engulf the whole world and have serious impact of the mankind. As a consequence, in the race of industrialisation and urbanisation in this century, the environmental legislations are imperative to maintain and safeguard the environment. The compliances underlined above are very important in order to establish and operate any manufacturing industry including tractor manufacturing industry. The dynamics of tractor manufacturing industry are slowly changing with the implementation of new policies, for instance the recent TREM IV rules for the Tractors, thereby this piece endeavoured to cover the required environmental compliance certificates or consents that a tractor manufacturing plant requires to function.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.