Whereas a notification of the Government of India in the Ministry of Environment and Forests
was published in the Gazette of India, Extraordinary, Part II-section 3, sub-section (ii) vide
No. S.O. 491 (E) dated 24h May, 2000 and corrigendum published in the Gazette of India
Extraordinary Part-II section 3, sub-section (ii) vide No. SO 593 (E) dated 23d June, 2000 under
powers conferred by sections 6,8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986),
inviting objections from persons likely to be affected, within a period of sixty days from the date of
publication of the said notification with regard to the Government's intention to notify the Battery
(Management and Handling) Rules, 2000.

And, whereas all objections received have been duly considered by the Central Government;

Now, therefore, in exercise of the powers conferred by sections 6, 8 and 25 of the Environment
(Protection) Act, 1986 (29 of 1986), the Central Government hereby notifies the Batteries
(Management and Handling) Rules, 2001.

Short Title and Commencement

1.   (1)   These rules may be called the Batteries (Management and Handling) Rules, 2001.
     (2)   They shall come into force on the date of their publication in the Official Gazette.

Application

2.   These rules shall apply to every manufacturer, importer, re-conditioner, assembler, dealer, recycler,
      auctioneer, consumer and bulk consumer involved in manufacture, processing, sale, purchase and use of
      batteries or components thereof.

Definitions

3.   In these rules, unless the context otherwise requires, -
      (a)     'Act' -means the Environment (Protection) Act, 1986 (29 of 1986);
      (b)     'assembler' -means a person who manufactures lead acid batteries by assembling various
                 components;
      (c)     'auction' - means bulk sale of used lead acid batteries or component (s) thereof by invitation of
                 tenders or auction, contract or negotiation by individual(s), companies or Government
                 Departments;
      (d)     'auctioneer'- means a person (s) who auctions used lead acid batteries or components, thereof,
      (e)      'battery'- means lead acid battery which is a source of electrical energy and contains lead metal;
      (f)       'bulk consumer' - means a consumer such as Central or State Government Departments of
                 Railways, Defence, Telecom, Posts & Telegraph, State Road Transport Undertakings, State
                 Electricity Boards and others who purchase batteries through central 'rate' or running contract
                 centrally placed on behalf of individual departments or user units under their jurisdiction.
      (g)      'components' means lead bearing components of a lead acid battery;
      (h)      'consumer'- means a person using lead acid batteries excluding bulk consumers;
      (i)       'dealer'- means a person who sells and receives lead acid batteries or components thereof to and
                  from the consumers or other dealers or retailers on behalf of the manufacturers, importers,
                  assemblers and reconditioners or otherwise;
      (j)       'designated collection centre'- means a collection centre established, individually or jointly by
                  one or more manufacturers or importers, assemblers and re-conditioners in pursuance of their
                  responsibilities under rule- 4 of these rules.
      (k)      'importer' -means a person who imports new lead acid batteries or components containing lead
                  thereof for the purpose of sale;
      (l)      'manufacturer'- in relation to any factory manufacturing lead acid batteries or components thereof
                 means a person or Chief Executive Officer (CEO) of the company who has control over the affairs
                 of the factory or the premises for sale and collection of lead acid batteries or components thereof,
      (m)     'original equipment manufacturer’ - means manufacturer of equipment or product using lead acid
                 batteries as a component;
      (n)     'reconditioner' -means a person involved in repairing of lead acid batteries for selling the same in
                 the market;
      (o)     'recycler'-means an occupier who processes used lead acid batteries or components thereof for
                 recovering lead
      (p)     'registered recycler- means a recycler registered with the ;'Ministry of Environment and Forests or
                 an agency designated by it for reprocessing used lead acid batteries or components thereof;
      (q)     'State Board'- means the concerned State Pollution Control Board or the Pollution Control
                 Committee as the case may be
      (r)      'used batteries' -means used, damaged and old lead acid batteries or components thereof; and
      (s)      the words not defined in these rules will have the same meaning as defined in the Environment
                   (Protection).Act, 1986 and the rules framed thereunder.

Responsibilities of manufacturer, importer, assembler and re-conditioner

4.   It shall be the responsibility of a manufacturer, importer, assembler and re-conditioner to
      (i)       ensure that the used batteries are collected back as per the Schedule against new batteries sold
                   excluding those sold to original equipment manufacturer and bulk consumer(s);
      (ii)      ensure that used batteries collected back are of similar type and specifications as that of the new
                   batteries sold;
      (iii)     file a half-yearly return of their sales and buy-back to the State Board in Form- I latest by 30 June
                   and 30 December of every year;
      (iv)     set up collection centres either individually or jointly -at various places for collection of used
                   batteries from consumers or dealers;
      (v)      ensure that used batteries collected are sent only to the registered recyclers,
      (vi)     ensure that necessary arrangements are made with dealers for safe transportation from collection
                   centres to the premises of registered recyclers ;
      (vii)    ensure that no damage to the environment occurs during transportation;
      (viii)   create public awareness through advertisements, publications, posters or by other means with
                   regard to the following
                  (a)      hazards of lead;
                  (b)      responsibility of consumers to return their used batteries only to the dealers or deliver at
                             designated collection centres; and
                  (c)      addresses of dealers and designated collection centres.
      (ix)      use the international recycling sign on the Batteries;
      (x)       buy recycled lead only from registered recyclers; and
      (xi)      bring to the notice of the State Board or the Ministry of Environment and Forests any violation by
                   the dealers.

Registration of Importers

5.    The importer shall get himself registered with the Ministry of Environment and Forests or an agency
       designated by it by submitting details in Form-11.

Customs clearance of imports of new lead acid batteries

6.   Customs clearance of imports shall be contingent upon
      i.     valid registration with the Reserve Bank of India (with Importer's Code Number);
      ii.    one time registration with the Ministry of Environment and Forests or an agency designated by it in
             Form-11;
      iii.   undertaking in Form-111;
      iv.   a copy of the latest half-yearly return in Form-IV

  Responsibilities of dealer

7.   It shall be the responsibility of a dealer to
      i.     ensure that the used batteries are collected back as per the Schedule against new batteries sold;
      ii.    give appropriate discount for every used battery returned by the consumer;
      iii.   ensure that used batteries collected back are of similar type and specifications as that of the new
             batteries sold;
      iv.   file half-yearly returns of the sale of new batteries and buy-back of old batteries to the manufacturer
             in Form V by 31st May and 30th November of every year;
      v.    ensure safe transportation of collected batteries to the designated collection centres or to the
             registered recyclers ; and
      vi.   ensure that no damage is caused to the environment during storage and transportation of used
             batteries.

Responsibilities of recycler

8.   Each recycler shall -
      i.     apply for registration to the Ministry of Environment and Forests or an agency designated by it
             if not applied already, by submitting information in Form VI;
      ii.    ensure strict compliance of the terms and conditions of registration; however, those already
             registered with the Ministry of Environment and Forests or all agency designated by it for
             reprocessing used batteries would be bound by the terms and conditions of such registration;
      iii.   submit annual returns as per Form VII to the State Board;
      iv.   make available all records to the State Board for inspection;
      v.    mark 'Recycled' on lead recovered by reprocessing; and
      vi.   create public awareness through advertisements, publications, posters or others with regard
             to the following
            (a)   hazards of lead; and
            (b)   obligation of consumers to return used batteries only to the registered dealers or deliver at the
                   designated collection centres.

Procedure for registration / renewal of registration of recyclers

9.      1)      Every recycler of used lead acid batteries shall make an application in Form VI along with the
                   following documents to the Joint Secretary, Ministry of Environment and Forests or any officer
                   designated by the Ministry or an agency designated by it for grant of registration or renewal;
                  (a)   a copy of the valid consents under Water (Prevention and Control of Pollution) Act, 1974,
                         as amended and Air (Prevention and Control of Pollution) Act, 198 1, as amended;
                  (b)   a copy of the valid authorisation under Hazardous Wastes (I Management and Handling
                         Rules, 1989 as amended;
                  (c)  a copy of valid certificate of registration with District Industries Centre ; and
                  (d)  a copy of the proof of installed capacity issued by either State Pollution Control Board/
                         District Industries Centre.
          2)     The Joint Secretary, Ministry of Environment and Forests or any officer designated by the
                   Ministry or an agency designated by it shall ensure that the recyclers possess appropriate
                   facilities, technical capabilities, and equipment to recycle used batteries and dispose of
                   hazardous waste generated;
          3)     The Joint Secretary , Ministry of Environment and Forests or any officer designated by the
                   Ministry or an agency designated by it shall take decision on application for registration within
                   120 days of receipt of application form with complete details;
          4)     The registration granted under this rule shall be in force for a period of two years from the date
                   of issue or from the date of renewal unless suspended or cancelled earlier;
          5)      An application for the renewal of registration shall be made in Form VI atleast six months
                   before its expiry. The Joint Secretary, Ministry of Environment and Forests or any officer
                   designated by the Ministry or an agency designated by it shall renew the registration of the
                   recycler granted under sub rule(4) of this rule, after examining each case on merit;
         6)      The Joint Secretary, Ministry of Environment and Forests or any officer designated by the
                   Ministry or an agency designated by it may, after giving reasonable opportunity to the applicant
                   of being heard, refuse to grant registration;
         7)      The Joint Secretary, Ministry of Environment and Forests or any officer designated by the
                   Ministry or an agency designated by it may cancel or suspend a registration issued under
                   these rules, if in his / her opinion, the registered recycler has failed to comply with any of the
                   conditions of registration, or with any provisions of the Act or -rules made thereunder after giving
                   an opportunity to explain and after recording the reasons therefor;
         8)      It shall be the responsibility of the State Boards to monitor the compliance of conditions ibed
                   while according registration, and
         9)      An appeal shall lie against any order of suspension or cancellation or refusal of registration
                   passed by the Joint Secretary to the Ministry of Environment and Forests or any officer
                   designated by the Ministry or agency designated by it. The appeal shall be in writing and shall
                   be accompanied with a copy of the order appealed against and shall be presented within
                   30 days of passing of the order.

  Responsibilities of cousumer or bulk consumer

10.      (1)   It shall be the responsibility of the consumer to ensure that used batteries are not disposed of
                   in any manner other than depositing with the dealer, manufacturer, importer, assembler,
                   registered recycler, reconditioner or at the designated collection centres.
            (2)  It shall be the responsibility of the bulk consumer to -
                   (i)   ensure that used batteries are not disposed of in any manner other than by depositing with
                          the dealer/manufacturer/registered recycler/importer/ reconditioner or at the designated
                          collection centres,- and
                   (ii)  file half-yearly return in Form VIII to the State Board .
            (3)  Bulk consumers to their user units may auction used batteries to registered recyclers only.

Responsibilities of auctioneer

11.      The auctioneer shall -
           (i)      ensure that used batteries are auctioned to the registered recyclers only-,
           (ii)     file half-yearly returns of their auctions to the State Boards in Form-IX; and
           (iii)    maintain a record of such auctions and make these records available to
                     the State Board for inspection.

Prescribed Authority

12.     The prescribed authority for ensuring compliance of the provisions of these rules shall be the
          State Board. And, it shall file an annual compliance status report to the Central Pollution Control
          Board by 30^th April of every year.

Duties of Central Pollution Control Board

13.     The Central Pollution Control Board shall compile and publish the data received every year from
           the State Boards. It shall review the compliance of the rules periodically to improve the collection
           and recycling of used. lead batteries and apprise the Ministry of Environment and Forests,
           Government of India.

Computerisation of Records and Returns

14.      Ministry of Environment and Forests or an agency designated by it shall develop a system for
           computerised tracking of
           (i)    distribution and sale of batteries;
           (ii)   collection, auction, transport and re-processing of used batteries;
           (iii)  sale of re-processed lead by registered recyclers; and
           (iv)  sale of lead from all domestic producers or importers.