Puran Singh Jatav and Another vs Union of India and Others

S.K. Gangele, J.—The grievance of the petitioners in this Public Interest Litigation is that the tractor manufacturing companies have not mentioning proper Horse Power due to which farmers are getting tractors of less Horse Power. The petitioners pleaded that the respondent No. 4, an Institute established by Ministry of Agriculture, Government of India authorized to check and test Horse Power of all the tractors manufactured by various companies. The farmers are entitled to get subsidy on tractors if the Horse Power is less than 35 HP. In accordance with the standards prescribed by Bureau of India Standards (BIS), Horse Power of a tractor shall be based on the power obtained at Power Take Off ("PTO'') of the tractor and this power is available at rear side of tractor to transmit the total available power. It is less than the gross engine power because there is some loss in transmission system i.e. gear box. However, some of the tractor manufacturing companies have not mentioning this PTO Power on their vouchers. They have been mentioning total Power of tractor which is less than the PTO power. The companies are following the procedure in regard to fixing the Horse Power on the basis of SAE Power, which is the raw power of the engine not the available power PTO which is prescribed by the BIS. Hence, the farmers have been receiving tractors of less power.

The respondents- Companies have denied the aforesaid facts. In the return, they have specifically pleaded that the tractors of the companies have been tested by BIS- respondent No. 10 and tractor manufacturers used to mention specifications prescribed by BIS on the plates attached with the tractors and all the required legal necessities have been followed by the companies.

The respondent No. 4, which is an Official Testing Agency for testing of tractors and other allied agriculture machineries, working under the administrative control of Union Ministry of Agriculture, in its reply pleaded that the Institute has been carrying testing of tractors under the head "Commercial Testing" to evaluate the performance of tractors, so the nationalized Bank through National Agriculture Bank for Agriculture & Rural Development Bank [NABARD] could decide eligibility of tractors of different companies for providing financial assistance under various schemes of Government. The testing of tractor is assessed and based on Indian Standards Code: 12207-2008. Provision has been made for labeling plates of tractors and it is mandatory the labeling plates fixed on the tractors, to display following information:--

All the tractors tested by the respondent No. 4 are fixed with valid labeling plates.

The respondent No. 4 further pleaded that in accordance with IS 12207-2008 and IS 10273-1987, the PTO Power should be mentioned only KW(HP) units on the labeling plates as well as in all the concerned literature of the tractor.

From the reply filed by the respondent No. 4, it is clear that it is necessary to the tractor manufacturing companies to mention only the PTO Power KW (HP) units on the labeling plates as well as in all the concerned literature of the tractors in accordance with IS 12207-2008 and IS 10273-1987. The companies are under obligation to follow the aforesaid rule. It is also obligatory on the part of appropriate Government and Registration Agencies to see that the standards fixed by IS 12207-2008 and IS 10273-1987 be followed in letter and spirit and if there is any violation, the petitioners- concerned farmers or persons are at liberty to move before the appropriate authority to take action in regard to contravention of provision. With the aforesaid directions, this writ petition is disposed of. No order as to costs.