Battery Management and Handling Rules-2000

 MINISTRY OF ENVIRONMENT AND FORESTS

NOTIFICATION

New Delhi, the 16th May, 2001

Battery (Management and Handling) Rules, 2000

S.O. 432(E).- 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.

1. Short Title and Commencement. - (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.

2. Application. - 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.

3. Definitions. - 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;

(1) '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.

4. Responsibilities of manufacturer, importer, assembler and re-conditioner.- 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 3e June and 3 0 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.

5. Registration of Importers. - 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.

6. Customs clearance of imports of new lead acid batteries. - Customs clearance of imports shall be contingent upon

i. valid registration with the Reserve Bank of India (with Importer's Code Number); (ij)one time registration with the Ministry of Environment and Forests or an agency designated by it in Form-11;

ii. undertaking in Form-111; and (iv)a copy of the latest half-yearly return in Form-IV

7. Responsibilities of dealer. - 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;