Shri I. M.

Nanavati Memorial National Moot Court Competition 21-22

Faculty of Law

GLS University

MOOT PROPOSITION

1. Indisia is one of the very fast-growing economies situated in the south-east of the
globe. The country comes in the category of the developing country. It is a hub for
a number of large, middle and small-scale industries. In this age of rapid
industrialization, one of the biggest problems faced by the country is the issue of
clean air. Among the various sources contributing to air pollution, the automobile
industry has emerged as the largest source of urban air pollution in almost all
developing countries including Indisia. Because of their versatility, flexibility and
low initial cost, motorized road vehicles overwhelmingly dominate the markets for
passenger and freight transport throughout the world.

2. In Developing Countries, economic growth has triggered a boom in the number of

motor vehicles being used. Although much more can and should be done to
encourage a balanced mix of transport modes-including non-motorized transport
in small-scale applications and rail in high-volume, corridors-motorized Road
Vehicles will retain their overwhelming dominance of the transport sector for a
foreseeable future. Owing to their rapidly increasing numbers and limited use of
emission control technologies, such motor vehicles are emerging as the largest
source of urban air pollution, particularly in mega and metro cities. Air pollution
levels in mega cities exceed those in any other cities in the industrialized countries
and contribute to the public health problem.
3. Indisian automotive market has remained one of the highest potential auto markets
in the world. In 2019, the 4-Wheeler Industry in Indisia was ranked fourth (taking
over Germany) and is expected to surpass Japan by the end of 2021.Over the last
decade, the four-wheeler market in Indisia has been the fastest-growing in its
segment. Nearly 4 million units of vehicles were sold in the year 2019 and are
expected to grow at a rapid pace. Automobile export grew at a rapid rate of 14.5%
during FY 2019 in Indisia.

4. Although the Number of the vehicles in Indisia’s metropolitan cities is much less
compared to that in developed countries, yet ill-maintained vehicles, outdated
engine designs, defective road networks, erratic driving patterns and congestion
due to mixed & slow-moving traffic are all adding to the air pollution problem.
The unprecedented rise in the number of vehicles and the resulting problems are
challenging tasks to tackle. Without timely and effective measures to mitigate the
adverse impacts of motor vehicle use, the living environment in the cities will
continue to deteriorate and become increasingly unbearable. Realizing the gravity
of the problem, various Government Agencies in the country have initiated
various steps to check vehicular pollution and manage growth of motorized
transport for maximum benefit with minimum adverse impact on environment and
society.

5. The Central Government in furtherance to the said objective, launched “National

Clean Air Programme (NCAP)” as a long-term, time-bound, national level
strategy to tackle the air pollution problem across the country in a comprehensive
manner which targets to achieve 20% to 30% reduction in air pollution
concentrations by 2024 keeping 2016 as the base year for the comparison of
concentration. Under NCAP, 8 metropolitan cities, namely Dalmia, Tatna,
Diolwar, Membad, Zumbai, Laipur, Rucknow, and Manpur were surveyed on the
increasing air pollution which was found to be very alarming. It was found that
majority of the metropolitan cities wherein the survey was carried out were
enveloped in thick layer of toxic gases which is mainly coming from man-made
sources and the automobile sector. (ANNEXURE I)
6. The reasons for the same have often been debated on various platforms, like
social media, national television, amongst politicians and various government or
intergovernmental organisations and NGOs. Investigations carried out by some
agencies have often reasoned that the pollution is caused due to multiple factors
amongst which the pollution emission from vehicles has been prevalent for the last
few years in these metropolitan cities. These cities are also being polluted due to
emissions of harmful gases and toxins.

7. In a latest study, it was found that Indisia currently holds 51 lakh light motor
vehicles, 17 lakh heavy commercial vehicles and 34 lakhs more than 15-year-old
vehicles none of which have been tested for pollution control and are still
functioning.

8. Due to the said alarming reports of the survey and the increase in number of
vehicles on road, the Ministry of Road Transport and Highways of Indisia
announced a procedure to set up Registered Vehicle Scrapping Facility (RVSF)
under the long-awaited Vehicle Scrapping Policy on December 15, 2019 by Shri
Jiten Dandekar, Cabinet Minister, Ministry of Road Transport and Highways.
(ANNEXURE II) The main purpose of the said policy is to preserve the
ecosystem which in turn may attract additional investments of around Rs. 10,000
Crore and aim for creation of as many as 35,000 job opportunities. The policy
ensures that more than 10 years old petrol vehicles and more than 15 years old
diesel vehicles are stopped from plying within the territories of these cities to
combat the emissions. The Policy derives its functionality from one of the
Directive Principles of State Policies as Enshrined under the Indisian Constitution,
casting a duty on the state to improve the Natural Environment. The policy mainly
covers within its ambit Private and Commercial Vehicles of 10- 15 years old and
Passenger Vehicles of more than 20 years old. The operative part of the Policy
provides that such Vehicles shall be mandatorily scrapped if they do not pass the
‘Fitness and Emission Test’. The Policy is made applicable to the Government
Vehicles as well. However, the following classes of vehicles are exempted from
the Policy:
(i) Strong Hybrid and Electric Vehicles
(ii) Vehicles using Alternative fuels such as CNG, ethanol and LPG.
 (iii) Farm and Agricultural Equipments such as Tractors, Tillers and
Harvesters.

Violation of these orders shall attract a fine of Rs. 20,000 and the vehicle will
be seized in accordance with the provisions of the Motor Vehicles Act ,1988.

9. Some State Governments whole heartedly welcomed the said Scrappage Policy
and the Chief Ministers of these states also expressed their support for this Policy.
However, for the others, the Policy came as a huge shock as they have been
dealing with the industries that are involved in the sale and purchase of second-
hand vehicles. It was believed by a substantial section of people including the
secondhand vehicle dealers, and people involved in the business of Taxi and Cab
services that the policy will directly affect their freedom to carry out profession
and Right to Livelihood, thereby violating their Fundamental Rights. Along with
the traders, concerns were also raised by many middle-class families who use old
cars which shall also fall prey to the Policy. Even various articles and reports
published by newspapers and magazines reported that the population that was the
hardest hit was the middle and lower middle class which has just about one
vehicle for the entire household and also affected the dealers dealing with second-
hand cars.

10. There was lots of hue and cry in various cities owing to this policy, because of
which various PILs were filed by many traders and distributors of second-hand
cars in the supreme court soon after the notification was passed. Two renowned
car dealing companies of Membad called Virag Motors and Trishna Cars and one
such Jolly Motors of Manpur vehemently opposed the policy by filing individual
writ petitions before the Supreme Court. They further released a joint press
statement vivaciously opposing the policy and giving strong viewpoints as to how
the policy is nothing but a direct attack on their Fundamental Rights and
Livelihood and shall inevitably lead to huge economic loss in Country’s GDP as
well because of shutting down of many Secondhand vehicles dealing companies
like theirs.
11. An NGO called SAATH which works for the protection of basic Human Rights of
the citizens also raised its concern regarding the implementation of the policy.
There are lakhs of people who depend on their vehicle to earn their livelihood.
Ranging from Taxi Drivers to commercial truck drivers to the individuals who
depend on that one vehicle to commute to work. Their contention is that the
pandemic has anyways slowed down work for the middle class and the lower
middle class and implementation of a policy like such will cause financial
disruption in the lives of the citizens. Considering this SAATH too have filed a
PIL challenging the said policy in Supreme Court.

12. The Supreme Court clubbed all the PILs of the similar nature as one Writ Petition
No. xxxx/ 2019 under Article 32 to the Indisian Constitution and initiated the
Proceedings. The contentions raised by the Respondent State largely take into the
consideration of Broader Public Interest and Environmental Safeguards. As per the
State, Broader Public Interest takes precedence over the interest of a few, and the
environment takes priority over ‘revenue sharing’ and that it is the State’s
constitutional mandate under Article 48A and 51A casting a duty on not just the
State but on every citizen to improve the Natural Environment.

13. It was also brought to the notice of the Apex Court that The Central Pollution
Control Board in the year 2019, on the suo motto directive issued by the National
Green Tribunal (NGT), created a social media account on which the citizens of the
aforementioned 8 cities may lodge their complaints directly to be acted upon by
the Task Force responsible for implementation of Graded Response Action Plan
(GRAP). (Annexure III). It was also submitted by the State that under the Policy,
all impounded vehicles, including two-wheelers, are sent directly to empanelled
scrap dealers for dismantling and owners will be paid a scrapping charge, to which
the Petitioners submitted that the method of calculation or the amount of same has
not been clarified by the State.

14. Till date, the Supreme Court of Indisia took four hearings on the matter, and the
same is now pending for Final Hearing before the Court. Accordingly, the
participants are required to present written and oral submissions before the
 Supreme Court on behalf of the Petitioners and on the behalf of the Respondent,
addressing the following issues (in addition to any other issue identified):

A. Is the petition maintainable before the Hon’ble Supreme Court of Indisia?

B. Is the Vehicle Scrappage Policy violative of the fundamental rights under the
Constitution of Indisia?

C. Whether the failure on the part of the State to take into consideration, the
public opinion before enactment of the Policy constitutionally appropriate
and valid, and if not, was the same grave enough to challenge the entire
Policy?

Note:

1. The laws of Borisilia in parimateria to the laws of Union of India. However, the facts, laws,
and years specifically mentioned in the problem should not be disputed.

2. The order of issues in which they shall be contended are likely to be as the parties deem
appropriate. These issues are only indicative. The parties are free to frame any other issues.

3 . The Supreme Court of Indisia considers judgments of Indian Courts to be of persuasive

value.

4. Teams are expected to identify appropriate respondents, issues and relief sought.

Disclaimer: This problem is the hypothetical moot problem. It is only for the academic
purpose having no concern with any of the pending/decided cases before any court
and all details and name of parties are fictitious and nothing to do with reality, even if
found similar it is only coincident.
 ANNEXURE I

AIR QUALITY INDEX FOR THE CITIES OF DALMIA, TATNA, DIOLWAR,

MEMBAD, ZUMBAI, LAIPUR, RUCKNOW, AND MANPUR
Air pollution constitutes the most pressing environmental health risk facing our global
population. It is estimated to contribute toward 7 million premature deaths a year, while 92%
of the world’s population are estimated to breathe toxic air quality (WHO, 2016). In less
developed countries, 98% of children under five breathe toxic air. As a result, air pollution is
the main cause of death for children under the age of 15, killing 600,000 every year (WHO,
2018).
This report focuses on PM2.5 concentrations of Eight (8) most polluted cities of Indisia, as
this is the pollutant widely regarded as most harmful to human health. PM2.5 is defined as
ambient airborne particles measuring up to 2.5 microns in size. Its microscopic size allows
the particles to enter the blood stream via the respiratory system and travel throughout the
body, causing far-reaching health effects, including asthma, lung cancer and heart disease.
Air pollution has also been associated with low birth weight, increased acute respiratory
infections and stroke.
Worldwide ambient air pollution accounts for :
- 29% of all deaths and disease from lung cancer
- 17% of all deaths and disease from acute lower respiratory infection
- 24% of all deaths from stroke
- 25% of all deaths and disease from ischaemic heart disease
- 43% of all deaths and disease from chronic obstructive pulmonary disease.
Airborne particulate matter can originate from a range of sources. Combustion from vehicle
engines, industry, fires and coal burning represent the most common man-made sources,
whilst sandstorms, agriculture, and chemicals reacting in the atmosphere represent the most
common natural sources.

To measure the air quality of a state, a standard has been adapted. The US AQI is among the
most widely recognized index for communicating air quality. The index converts pollutant
concentrations into a color-coded scale of 0-500, where higher values indicate increased
health risk. The US AQI “Good” range (<12µg/m³) is marginally higher than the WHO Air
Quality Guideline (<10µg/m³).

AIR QUALITY INDEX

US AQI LEVEL PM2.5 (µg/m³)

GOOD 0-50 0-12.0

MODERATE 51-100 12.1-35.4

 UNHEALTHY FOR 101-150 35.5-55.4
SENSITIVE GROUPS
UNHEALTHY FOR 151-200 55.5-150.4
ALL

VERY UNHEALTHY 201-300 150.5-250.4

HAZARDOUS 301+ 250.5+

1. The Air quality of Dalmia has consistently been unhealthy for all. Dalmia tops this ranking
for the second consecutive year, with its annual PM2.5 level nearly 11 times the WHO target.
It is 107.8 (µg/m³) for the year of 2019.
2. The Air quality of Tatna has consistently been unhealthy for all. Tatna stands second on
this ranking for the second consecutive year, with its annual PM2.5 level nearly 10 times the
WHO target. It is 98.6 (µg/m³) for the year of 2019.
3. The Air quality of Diolwar has consistently been unhealthy for all. Diolwar stands third on
this ranking for the second consecutive year, with its annual PM2.5 level nearly 9 times the
WHO target. It is 88.2 (µg/m³) for the year of 2019.
4. The Air quality of Membad has consistently been unhealthy for all. Membad stands fourth
on this ranking for the second consecutive year, with its annual PM2.5 level nearly 8 times
the WHO target. It is 78.4 (µg/m³) for the year of 2019.
5. The Air quality of Zumbai has consistently been unhealthy for all. Zumbai stands fifth on
this ranking for the second consecutive year, with its annual PM2.5 level nearly 7 times the
WHO target. It is 68.6 (µg/m³) for the year of 2019.
6. The Air quality of Laipur has consistently been unhealthy for all. Laipur stands sixth on
this ranking for the second consecutive year, with its annual PM2.5 level nearly 6.5 times the
WHO target. It is 63.7 (µg/m³) for the year of 2019.
7. The Air quality of Rucknow has consistently been unhealthy for all. Rucknow stands
seventh on this ranking for the second consecutive year, with its annual PM2.5 level nearly
6.4 times the WHO target. It is 62.8 (µg/m³) for the year of 2019.
8. The Air quality of Manpur has consistently been unhealthy for all. Manpur stands eighth on
this ranking for the second consecutive year, with its annual PM2.5 level nearly 6.2 times the
WHO target. It is 60.76 (µg/m³) for the year of 2019.

ANNEXURE II
 No. RT-23013/0112018-T
Government of Indisia
Ministry of Road Transport Highways (Transport Division)
Government of Indisia
***"'"'

12th September, 2019

Subject: Notification of National Vehicle Scrapping Policy 2019 for setting up,
authorization and operation of Authorized Vehicle Scrapping Facility (AVSF) in the country
-reg.

1. The Ministry of Road Transport and Highways has formulated National Vehicle
Scrapping Policy 2019 for setting up, authorization and operation of Authorised Vehicle
Scrapping Facility (AVSF) in the country.

2. The policy is attached for perusal of all stakeholders including general public.

(Abhaya Damlae)
Joint Secretary to
The Government of Indisia
Email- js-tpt@gov. in
Tele: 011 -2371 9209
Copy to:

1. The Principal Secretaries (Transport) of the States of Dalmia, Tihar, Mahapradesh, Bujarat,
Uttam Pradesh, Dantisgarh w.r.t. the cities of Dalmia, Tatna, Diolwar, Membad, Zumbai,
Laipur, Rucknow, and Manpur.

2. The Transport Commissioners Transport Secretaries of Dalmia, Tihar, Mahapradesh,

Bujarat, UttamPradesh,Dantisgarh.
 National Vehicle Scrapping Policy 2019 for Setting up, Authorisation and
Operation of Authorised Vehicle Scrapping Facility (AVSF)
In exercise of the powers conferred by Section 59 of the Motor Vehicles Ac t, (59 of
1988), the Central Government hereby notifies the following Policy for the setting up,
authorisation and operation of Authorised Vehicle Scrapping Facilities (AVSF) in the
country. These will be applicable in respect of the following: vehicles which are no longer
validly registered under section 41 of the Motor Vehicles Act, 1988; or where the owners are
desirous of scrapping their vehicles ; or the enforcement authorities in exercise of their
statutory powers have to scrap the vehicles impounded or seized by them; or in accordance
with the directions of any court of law.
These Policy, for the safe and regulated disposal of the afore- mentioned vehicles, are
being notified in public interest, for protection of the environment and promotion of a legally
compliant vehicle dismantling and scrapping industry.
1. Short Title and Application

These Policy shall be called the Policy for Setting up, Authorisation and Operation of
Authorised Vehicle Scrapping Facility (AVSF). These will apply to all vehicles and their last
registered owners, Automobile Collection Centers, Automotive Dismantling, Scrapping and
Recycling Facilities and recyclers of all types of automotive waste products. These Policy
has come into force with effect from this date of its notification.
1. Under the Policy, unless the context otherwise requires: -
a. "Act" means the Motor Vehicles Act, 1988.
b. "Authorised Scrapper" means a person, firm, society, trust or company owning and
operating an Authorised Vehicle Scrapping Facility (AVSF).
c. "Authorised Vehicle Scrapping Facility (AVSF)" means any establishment which
holds an 'Authorisation for Vehicle Scrapping' issued under these Policy for carrying
out dismantling and scrapping operations.
d. "Certificate of Deposit" means the certificate issued by the Authorised Vehicle
Scrapping Facility (AVSF) to recognize the transfer of ownership of the vehicle from
the registered owner to the Authorized Scrapper for further treatment. The 'Certificate
of Deposit ' will be the necessary and sufficient document for the owner to avail
incentives and benefits for purchase of a new vehicle as may be promulgated from
time to time. The Certificate of Deposit will be tradeable and once utilised will be
stamped as "CANCELLED" by the agency providing the benefits to the holder of the
said certificate.
e. "Certificate of Vehicle Scrapping" means the certificate issued by an Authorised
Vehicle Scrapping Facility (AVSF) to recognise the final disposal of a vehicle and is
to be preserved by the Authorised Scrapper . .
f. "End of Life - Vehicles (ELV) " means all vehicles which are no longer validly
registered; or their registrations have been cancelled under Chapter IV of the Motor
Vehicles Act, 1988; or due to an order of a Court of Law; or are self -declared by the
legitimate registered owner as a waste vehicle due to any circumstances that may arise
from fire, damage, natural disaster, riots or accident etc.
g. "Final Disposal" means when the treatment of the vehicle has been completed and the
vehicle is no longer capable of being used as such, the evidence for which is the cut
out of the Chassis and the disposal of its engine in accordance with CPCB Policy.
h. "Licensing Authority" means the Commissioner (Transport) or any other Officer
designated by the Government of the State/UT for this purpose.
i. "Recycling" means the reprocessing in a production process of the waste materials for
the original purpose or for other purposes but excluding energy recovery.
j. "Registered owner of an End-of-Life Vehicle" means: -
i. the person in whose name the vehicle is formally registered in the National
Register for Vehicles (VAHAN) or on the records of the State/UT transport
department; or
ii. the authorised representative of such person supported by documentary
evidence; or
iii. person who has gained ownership of the vehicle in a public auction in
accordance with Rule 57 of the CMVR; or
iv. Person who has inherited the vehicle in accordance with Rule 56 of the CMVR.
v. In relation to a motor vehicle which is the subject of a hire- purchase,
agreement, or an agreement of lease or an agreement of hypothecation, the
person in possession of the vehicle under that agreement;
k. "Rules" means the Central Motor Vehicle Rules (CMVR) and State specific Motor
Vehicle Regulation (State MVR).
l. "Scrapping" means the entire process from receipt and record of the 'ELV' including
depolluting, dismantling, segregation of material, safe disposal of non-reusable parts,
and issuance of 'Certificate of Vehicle Scrapping' to the registered owner of a motor
vehicle.
m. "Scrapping yard" means the designated location within the premises of the AVSF
where dismantled vehicle parts are processed for further treatment by way of
shredders or shearers or any other machinery into scrap parts that are sold to
recycling companies. Further,
 "shredder” means any device used for tearing into pieces or fragmenting end-of life
vehicles, including for the purpose of obtaining directly reusable scrap;
n. "Treatment" means any activity after the end-of life vehicle has been handed over to a
collection centre of an authorised recycling facility for depollution, dismantling,
shearing, shredding, recovery or preparation for disposal of the shredder wastes, and
any other operation carried out for the recovery and/ or disposal of the end-of life
vehicle and its components;
o. 'Vehicle' means a motor vehicle as defined in the Ac t.

p. "Warehouse' means a designated location within the AVSF where processed scrap and
usable parts are refurbished, catalogued, stored , and sold for re- use. -.
2. General

a. The AVSF shall be provided connectivity and access to the VAHAN database of
vehicle registration with password protected user ID and shall be authorised to make
suitable entries regarding scrapping of the vehicle.
b. The AVSF must have security certifications for the IT Systems for safe access to the
VAHAN database.
c. The AVSF shall undertake verification of the persons handing over the vehicle for
scrapping to determine the bonafide's of the vehicle owner and retain a copy of the
same for record for a minimum period of 6 months.
3. Conditions of Eligibility

The eligibility conditions for grant of authorisation for treatment of end of life vehicles in
an AVSF may be promulgated by the respective State/ UT governments keeping the
following considerat ions in mind: -
a. The AVSF may be owned and operated by any legal entity be it a person, firm, society
or trust established in accordance with the applicable laws.
b. The entity must possess: -

i. Certificate of Incorporation
ii. Valid GST
registration iii.
Valid PA

c. The entity: -

i. Should have applied for or be in possession of an approval for Consent to

Establish from the competent authority of the State/ UT in which the AVSF is
intended to be located .
ii. Shall undertake to meet the minimum technical requirement for collection and
dismantling centres specified as per Policy issued by the Central Pollution
Control Board.
iii. Should have competent manpower and appropriate equipment to carry out the
depollution and dismantling activities in a safe and environmentally responsible
 manner.
iv. Shall undertake to obtain the required quality certifications of ISO 9001
(quality management system) I ISO 14001(environmenta l certification) I ISO
45001 (occupational health and safety) within 12 months of commencement of
operations.
v. Should possess, or provide an undertaking to obtain, a No Objection Certificate
of the State Pollution Control Board, within a period of six months from
commencement of operations
vi. Should Undertake to abide by the Provisions of Labour Laws, Minimum
Wages Act, Employees Provident fund Act , Workmen Compensation Act and
all other Acts and Rules as are applicable.
vii. Shall Provide evidence of availability of an useable treatment area of a
minimum of 4000 sqm (for treatment of Category L Motor Vehicles including
3W) and a minimum of 8000 sqm (for treatment of alltype of Motor vehicles
including Category L, M, N and other vehicles ) of land in the Orange category
industrial zone of the State/ UT by way of, ownership or agreement to sell or
agreement for long term lease of a minimum period for which the licence is
sought.
viii. Should be in possession of security certifications for the IT Systems for safe
access to VAHAN database.
ix. Should provide approved plant layout and the building plan.
x. Should have an environment management plan for the facility.
4. Authorisation Procedure.

a. Application, in the prescribed FORM-1 or as may be prescribed by the designated

licencing authority of the State /UT Government should be addressed to the 'Licensing
Authority' of the concerned State / UT where the AVSF is intended to be located along
with: -
i. A Processing Fee of Rs. One Lakh or as prescribed by the State/ UT
Government for this purpose.
ii. An Earnest Money Deposit by way of a bank guarantee of Rupees Ten Lakh
in favor of the designated Licensing Authority or designated officer as
notified by the State/ UT government as a non-interest-bearing Security
deposit for a period co- terminus with the validity of the initial authorisation
period plus 90 days.
b. All applications for grant of licence are to be disposed of by the Licensing Authority
within a period of 30 days from the date of application. Successful applicants would be
issued an authorisation in FORM -1A or as prescribed by the State/ UT Government for
this purpose.
c. Earnest Money/Bank Guarantee would be refunded for unsuccessful applicants. The
processing fee will not be refunded.
d. On grant of licence the Authorised Scrapper is to duly register the facility with the
designated authority in the State/UT, the CPCB and the State Pollution Control Board.
e. States / UTs may notify additional eligibility requirements for the facility to ensure
sustainability, adequate capacity and environment protection.

5. Validity and renewal of Authorisati on.

a. The Authorisation shall be valid for an initial period of 10 years in the first instance,
which shall be renewable for another 10 years at a time, subject to the condition that
the Authorised Scrapper has not been in default of these Policy or applicable Laws
and Acts as specified in Section 12 below.
b. The Authorisation shall not be transferable.

6. Criteria for Scrapping of Vehicles

The following vehicles may be offered for scrapping to the Authorised Scrapper;

a. Vehicles which have not renewed their Original Certificate of Registration in

accordance with Rule 52 of the CMVR.
 a. Vehicles which have not been granted a certificate of fitness in accordance with
Section 62 of the Act.
b. Vehicles which have been damaged due to fire, riot, natural disaster, accident or
any calamity, following which the registered owner self certifies the same as scrap.
c. Vehicles that have been declared obsolete or surplus or beyond economic repair by
the Central/State organisations of the government and have been offered for
scrapping.
d. Vehicles bought by any agency including AVSF in an auction for scrapping the
vehicles.
e. Vehicles which have outlived their utility or application particularly for projects in
mining, highways, power, farms etc. as may be self-certified by the owner.
f. Manufacturing rejects and test vehicles as may be certified by the Vehicle OEM.

g. Auctioned, impounded and abandoned vehicles by any Enforcement Agency.

7. Right to Inspection

a. In order to ensure compliance of these Policy, the Authorised Scrapper should keep
the AVSF, the records and registers recording the transaction of vehicles and scrap
generation and its responsible disposal to authorized recyclers, and all the
machinery, equipment and apparatus in the AVSF premises, ready for inspection by
the Licensing authority or designated officer of the State/UT. Government.
b. Physical Inspection and Site visits should only be carried out: -

i. When a report of non-compliance by the appropriate authority or a public

complaint has been received by the Licensing Authority in respect of the
Authorised Scrapper.
ii. Such complaint has been forwarded to the Authorised Scrapper to file a written
response within 3 working days.
iii. The response has been scrutinized and an opportunity provided to the
Authorised Scrapper to provide further clarifications within three working days.
iv. The response and clarifications provided are inadequate in the opinion of the
Licensing Authority , and a site inspection is warranted .
v. Such site visit should be duly authorized by the Licensing Authority or the
designated Officer in the State/UT Government.
c. The Report of the Inspection Team is to be submitted to the Licensing Authority or
Designated Officer for further processing and a copy of the same provided to the
Authorised Scrapper .
d. The Licensing Authority may after providing an opportunity to the Authorised
Scrapper of being heard, pass a speaking order to cancel or suspend the
authorisation for the Facility.
 Provided that the violations noticed in respect of Policy of CPCB shall be reported to
the concerned Pollution Control Board for necessary action. The authorisation would
remain suspended during the period while the requisite licences / NOC/
Authorisations for the facility have been withdrawn or suspended by any other
authority under the Law.
8. Scrapping Procedure

a. The scrapping of vehicles shall be carried out by an Authorised Scrapper by following

the procedure outlined as mentioned below in respect of all ELVs, except impounded
/ abandoned vehicles.
b. The registered owner or the authorized representative shall hand over the vehicle
together with an Application as per FORM - 2 in two originals to the Authorised
Scrapper or the designated collection centre for deposit/ treatment.
c. lf the Motor Vehicle is not having a valid registration then the Authorised Scrapper or
its designated centre, shall match the identity of the registered owner as per the
VAHAN database with the person handing over the vehicle and receive the vehicle
and issue a receipt through digital platform linked to VAHAN database.
d. Vehicles impounded by an Enforcement Agency shall be handed over to the
Authorised Scrapper as per procedure duly prescribed by the State/ UT.
e. The Authorised Scrapper shall accept the FORM-2 and the applicable original
documents from the owner or the authorized representative as follows:
i. Original Certificate of Registration.
ii. Original Fitness Certificate following which the vehicle has been declared
unfit for use, if applicable.
iii. Authorisation from the registered owner.
iv. In case of Inheritance, the death certificate of the registered owner
accompanied with any proof of succession.
v. Certificate or order confirming the sale of the vehicle in a public auction in his
favour duly signed by the person authorised to conduct the auction.
vi. It shall be verified that Hire-purchase, lease or hypothecation agreement in the
certificate of registration of a motor vehicle required under sub-section (2) of
section 51 of the Act has been duly discharged.

e
f. The Authorised Scrapper shall accept self-certified copies from the owner or through
authorized representative of the following documents: -
i. Copy of the PAN Card of the owner ,
ii. Crossed cheque of the bank account of the owner.
iii.Identity Proof of the authorized representative (if applicable) such as Passport,
Voter Card, Aadhar Card, Driving Licence, Photo Identity card issued by the
State/Central Government Organisations.
iv. Address Proof of the owner such as Electricity Bill, Water Bill, Land Line
Telephone Bill, piped cooking gas bill etc.
v. Digital photograph of the owner or authorized representative physically handing
over the ELV to the Authorised Scrapper, or a photograph of the owner duly
pasted in FORM-2 and countersigned by the owner
g. The Authorised scrapper will return the second FORM- 2 duly receipted to the owner
or his authorised representative and issue the Certificate of Deposit as evidence of
transfer of ownership of the vehicle
h. The Authorised Scrapper shall digitally remit or pay by an account payee cheque , the
agreed consideration for the vehicle and obtain a receipt for the same from the owner
or his authorised representative for record. .
i. Safe-custody of cut piece of the Chassis Number for a period of six months from the
date of issue of 'Certificate of Vehicle Scrapping' will be the responsibility of the
Authorised Scrapper.
j. The Authorised Scrapper shall maintain a physical and computerized scanned copy of
all documents, digitally certif ied by the designated officer of the AVSF for record and
examination during Inspection, for a period as required by the Company's Act (2013)
as amended from time to time. of.
k. The Authorised Scrapper shall ensure that removal I re-cycle or disposal of hazardous
parts of the scrapped vehicle is done as per Policy issued by the Central Pollution
Control Board (CPCB).
l. Vehicles will not be scrapped until the fuel, oil, antifreeze, and other gases, fluids etc.
are drained and collected in certified standard containers.
 m. A yearly report of ELVs scrapped shall be furnished in FORM-4 or as prescribed by
the Transport Department of the State/UT government.
9. Certificate of Vehicle Scrapping

a. The Authorised Scrapper, after completing the necessary treatment, will issue a
Digital 'Certificate of Vehicle Scrapping', including a digital photograph of the cut out
of the Chassis in FORM-3. to update the National Register, VAHAN Database and
inform the competent authority of the State / UT for updating of records.
b. A separate record of the scrapped vehicles would be maintained on the VAHAN
database by the Central Government.
c. The reuse/ resale of any of the refurbished parts of an ELV including Engines,
obtained from the scrapped vehicle shall be in accordance with the policy/ Policy /
standards issued from time to time.
10. Installation of CCTV Cameras

The Authorised Scrapper shall install CCTV cameras at the scrapping yard, in the
a.
customer and vehicle reception area. The record of scrapping should be saved in the
Authorised Scrapper's IT system for a period of three calendar months.
b. The access to the CCTV cameras installed in the facility may be provided to the
authorised agencies as may be decided by the State I UT.
11. Scrapping Yard

a. In view of the large size and voluminous nature of the scraps to be handled, the
dismantling facility should be set up in a large area having adequate space for
vehicular movement, as well as storage for the ELVs /products received and
recyclable material recovered.
b. It should fulfil the criteria of an adequate gated area to handle, depollute and dismantle
ELVs, white goods and other scraps along with facility for measuring radiation as is
followed for import of scrap. ELVs shall require material handling machines to
minimize human intervention and create safe work places.
c. To ensure that safe operating practices are followed, Centres are expected to follow
Occupational Health and Safety Standards , ISO 45001 (OHSAS) . All centres shall
engage competent and trained manpower to process the End of Life vehicles, goods
and other scraps.
d. The Collection Centre should have dry areas (free from water logging), impermeable
surfaces like asphalt/ concrete flooring, asphalt/ concrete roads, adequate
workshop
 facilities for in-house maintenance, fire protection systems etc. to maintain safe work
places and all other required measures for keeping pollution under control.
e. The facility shall be equipped with a depollution system, preferably with zero
discharge system, and dismantling work shall be done by making use of best available
technology for processing the end of life vehicles, goods and other scraps. The
Facilities shall comply with relevant health and safety legislation/regulation and
environmental norms as laid down by MoEF & CPCB/ SPCB for such operations and
Hazardous & Other Wastes (Management & Transboundary Movement) Rules, 2016.
b. The dismantling and scrapping of waste vehicles shall be carried out as per 'Policy for
Environmentally Sound Management of End of Life Vehicles' (ELVs) published by
Central Pollution Control Board (CPCB) only in an authorised scrapping yard.
c. The Authorised Scrapping yard should have: -

i. Suitable earmarked area for the safe and environmentally compliant parking of
waste vehicles. These areas are to be of non-permeable concrete and with
adequate drainage facility, with sufficient adjoining space for inspection of
these vehicles. No waste or potentially waste vehicle is to be parked on roads
or public spaces even during processing of applications for deposit and are to
be accommodated within the premises of the AVSF only
ii. Certified de-polluting equipment to ensure zero leakage of pollutants during
draining of fuels, fluids, gases and liquids.
iii. Certified de-risking equipment for safe neutralization/ removal of airbags, pre-
tensioner etc.
iv. Appropriate dismantling equipment and best available technology, for the
activities defined viz de- risking, de-polluting, dismantling, shredding,
shearing, baling etc.
v. Radioactive detection equipment.

vi. . Designated areas for storing the segregated scrap which emerges from the
above process, to cater to material- specific downstream industries. No
Transport Vehicles for carrying of generated scrap, hazardous waste, spares
are to be parked in public spaces.
vii. Adequate warehousing space for storage and handling of segregated spares
that may be refurbished for re- use.
 viii. Clearly designated space for temporary storage of automotive hazardous
waste such as tyres, batteries, fuel, oils, liquids and gases.
ix. Suitable safety and occupational health equipment.

x. Material handling equipment for the safe transportation of spares, scrap and
waste products.
xi. Training area for competent and trained manpower to operationalize and
manage such a facility in a safe and environment friendly manner.
xii. Appropriate Industrial grade lighting and ventilation systems.

xiii. All flooring should be non-permeable concrete or epoxy coated flooring.

xiv. Conformity to noise pollution norms as may be specified from time to time.

xv. The AVSF must have appropriate effluent treatment plants or water recycling
plants as required for pollution free operations.
d. These Scrapping yards should preferably accredit their centres / units with the latest
version of quality standards viz. ISO 9001 (Quality management system), IS014001
(Environmental Management System) and ISO 45001 (Occupational health and
safety) within 12 months of commencement of operations.
e. In case the AVSF do not have adequate capability I provisions for responsible
recycling of hazardous waste (like e-waste, lead acid batteries, lithium ion
components, or for recovery of rare earth metals, etc.), or for recycling of scrap
material which is outside its scope, then such materials are to be sold to duly
authorized recyclers /agencies, who have adequate capability and licence. A record of
the transactions shall be maintained, clearly stating the volumes off-loaded and the
name, authorization number, PAN, GST and other commercial details of the
authorised recycler I agency.
12. Applicable ACT /Rules

Provisions of the following Act/ Rules are applicable: -

a. The Motor Vehicle Act, 1988.

b. The Central Motor Vehicles Rules, 1989.
c. Various State and UT Motor Vehicles Rules, 1993
d. Indian Penal Code, 1860
e. The Hazardous Waste (Management, Handling and Transboundary movement) Rules,
2008 as amended from time to time.
f. The Ozone Depleting Substances (Regulation and Control) Rules, 2000.
g. The Batteries (Management and handling) Rules, 2011 amended 2016
h. The Plastic Waste (Management and Handling) Rules, 2011 as amended 2016
i. The e- waste ( Management and Handling ) Rules 2016.
 ANNEXURE III

GUIDELINES FOR MANAGEMENT OF COMPLAINTS RELATED TO AIR

POLLUTION IN CITIES OF DALMIA, TATNA, DIOLWAR, MEMBAD,
ZUMBAI, LAIPUR, RUCKNOW, AND MANPUR REGISTERING COMPLAINTS

CPCB has provided following methods for filing or posting complaints on air pollution;

1. Complaints can be lodged on following Social media accounts;

Facebook users:

Please post complaints by opening CPCB page from CPCB website or by accessing CPCB page
by typing ‘Central Pollution Control Board’.
Link to Facebook Account: https://www.facebook.com/Central-Pollution-Control-Board-
315289479059625/

Twitter-users:
Please post complaints at Twitter Handle CPCB_OFFICIAL or by clicking on Twitter from
CPCB website https://twitter.com/CPCB_OFFICIAL

2. Citizens in the aforementioned cities can also lodge complaints at CPCB website by clicking
on following web-link;

http://cpcb.nic.in/query-form1.php

Here, information such as name, telephone, E-mail ID, location, type of air pollution (from drop
down list) and description of complaint to be provided. It is also possible load a photograph
showing the problem. Once the complaint is submitted, CPCB will forward the same to
concerned agency for resolving the same.

3. Citizens in aforementioned cities can also file complaints in Sameer App, which can be
downloaded in Android or IOS Mobile phones. In Sameer App any one in any of the
aforementioned cities can lodge a complaint and track the same online.

PROCEDURE FOR FILING COMPLAINTS THROUGH SAMEER APP

1. Information Location is picked automatically. If you are sure, that address shown is not correct, please
fill the address fields manually. You will get acknowledgement message on your phone as well as on
given e-mail Complaint ID

2. Install Sameer App on Mobile and login as ‘Public Login’ and enter your Name, Mobile no. and Email-
ID to register

3. To Post a Complaint, select ‘Public Complaint’ option in the side menu in the App. Upon identifying
incidence, System will automatically pickup GPS coordinate of location. You should select category of
complaint (from drop down list) & Take Photos. Do not forget to add your name, phone number and e-
mail ID. Press ‘Lodge Complaint’

4. To verify lodged complaint, go to ‘Track Complaints’ enter your complaint ID to track the same and
check history of action taken and view images uploaded by you.

REDRESSING PUBLIC COMPLAINTS

A Central Control Room (CCR) has been created in CPCB for monitoring air quality as well as for
centralized management of public complaints relating to air pollution being received in National Capital
Region. Initially, the mobile App Sameer was launched to provide a forum to citizen to lodge complaints,
and later along with Sameer App complaints pertaining to air pollution are being received through
following platforms;

- Social Media (Twitter and Facebook)

-Website
-E-Mails
- Letters

Sameer App is used by public to get updates on air quality of the area of their area, as well as provides a
platform to lodge air pollution related problems. Complaints lodged on Sameer are automatically assigned
based on the geo location of the area to concerned Nodal Agencies such as Municipal Corporations,
Development authorities, Industrial Department, Traffic Police, Transport Department, public
Construction Agencies, etc. depending on type of pollution problem reported. After receipt of complaints,
Nodal Agencies are expected to redress the complaint within 24 hours and action taken along with
documentary evidence or visual proof are uploaded on same media where complaints are lodged. GRAP-
CPCB Mobile App is also designed exclusively for Nodal Agencies for taking necessary action on the
complaints lodged. Daily status of redressing complaints is being monitored by Central Control Room
and delays are notified to agencies from time to time. Sameer App is available in both Android and IOS
versions and can be downloaded from Google play store as well as App Store.

A dedicated Email aircomplaints.cpcb@nic.in has been created for receiving Air Pollution related
complaints. Complaints received through Website and E-Mails are being transferred to Sameer App
manually by CCR team so as to facilitate central monitoring.
Central Pollution Control Board has created Social Media accounts to facilitate citizens to report air
pollution related complaints. A dedicated Media Management Cell has been established at CPCB to
platforms tasks, such as assigning/ lodging the complaints, transferring complaints and taking follow-ups
with all the stake holders.

Each Nodal Agency was requested to develop their own social media Handles/Accounts so that complaint
received on Social Media platforms of CPCB can be forwarded to respective agencies on their Official on
their respective social media Handles/Accounts. Upon receiving a complaint forwarded by CPCB, nodal
agency shall inform action taken on the same handle/account through on which the complaint was
received with copy to CPCB’s Handle/Account.