Batteries (M & H) Rules, 2001

The Batteries (Management & Handling) Rules, 2001 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.

Responsibilities of manufacturer, importer, assembler and re-conditioner:

It is the responsibility of a manufacturer, importer, assembler and re-conditioner-

to 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);
to ensure that the used batteries collected back are of similar type and specifications as that of the new batteries sold;
to file a half-yearly return of their sales and buy-back to the State Board in Form-I (Annexure-I) latest by 30th June and 31st December of every year ;
to set up collection centres either individually or jointly at various places for collection of used batteries from consumers or dealers;
to ensure that used batteries collected are sent only to the registered recyclers ;
to ensure that necessary arrangements are made with dealers for safe transportation from collection centres to the premises of registered recyclers ;
to ensure that no damage to the environment occurs during transportation ;
to create public awareness through advertisements, publications, posters or by other means with regard to the following –
- hazards of lead ;
- responsibility of consumers to return their used batteries only to the dealers at designated collection centres; and
- addresses of dealers and designated collection centres;
use the international recycling sign on the Batteries ;
buy recycled lead only from registered recyclers ; and
bring to the notice of the State Board or Ministry of Environment and Forests any violation by the dealers.

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-II. (Annexure-II)

Customs clearance of imports of new lead acid batteries:

Customs clearance of imports shall be contingent upon –

valid registration with the Reserve Bank of India (with importer’s Code Number);
one time registration with the Ministry of Environment and Forests or an agency designated by it in Form-II;
undertaking in Form-III (Annexure-III) ; and
a copy of the latest half-yearly return in Form-IV (Annexure-IV)
Responsibilities of dealer:

It is the responsibility of dealer to –

ensure that the used batteries are collected back as per the Schedule against new batteries sold;
give appropriate discount for every used battery returned by the consumer;
ensures that the used batteries collected back are of similar type and specifications as that of the new batteries sold ;
file half-yearly return of the sale of new batteries and buy-back of old batteries to the manufacturer in Form-V (Annexure-V) by 31st May and 30th November of every year;
ensure safe transportation of collected batteries to the designated collection centres or to the registered recyclers ; and
Ensure that no damage is caused to the environment during storage and transportation of used batteries.

Responsibilities of recycler:

Each recycler shall –

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 (Annexure VI) ;
ensure strict compliance of the terms and conditions of registration; however, those already registered with the Ministry of Environment and Forests or an agency designated by it for reprocessing used batteries would be bound by the terms and conditions of such registration;
submit annual return as per Form-VII (Annexure-VII) to the State Board ;
make available all records to the State Board for inspection ;
mark ‘Recycled’ on lead recovered by reprocessing ; and
create public awareness through advertisements, publications, posters or others with regard to the following-
hazards of lead; and
Obligation of consumers to return used batteries only to the registered dealers or deliver at the designated collection centers.

Procedure for registration/renewal of registration of recyclers:

Every recycler of used lead acid battery 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 copy of valid consents under Water (Prevention and Control of Pollution) Act, 1974, as amended and Air (Prevention and Control of Pollution) Act, 1981, as amended;
a copy of the valid authorization under Hazardous Wastes (Management and Handling) Rules,1989 as amended ;
a copy of valid certificate of registration with District Industries Centre; and
a copy of the proof of the installed capacity issued by either State Pollution Control Board/District Industries Centre.

The Joint Secretary, Ministry of Environment and Forests or any officer designated by the Ministry or an agency designated by it shall grant registration to the recycler after ensuring that the recyclers posses appropriate facilities, technical capabilities, and equipment to recycle used batteries and dispose of hazardous waste generated;

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;

Responsibilities of consumer or bulk consumer:

It shall be the responsibility of the consumer to ensure that the used batteries are not disposed of in any manner other than depositing with the dealer, manufacturer, importer, assembler, registered recycler, re-conditioner or at the designated collection centers.
It shall be the responsibility of the bulk consumer to –
- ensure that the used batteries are not disposed of in any manner other than by depositing with the dealer/ manufacturer/ registered/ recycler/ importer/ reconditioned or at the designated collection centers; and
- file half-yearly return in Form-VIII (Annexure-VIII) to the State Board.
Bulk consumers or their user units may auction used batteries to registered recyclers only.

Responsibilities of auctioneer:

The auctioneer is responsible to-

ensure that used batteries are auctioned to the registered recyclers only;
file half-yearly returns of their auctions to the State Boards in Form-IX (Annexure-IX); and
Maintain record of such auctions and make these records available to the State Board for inspection.
Prescribed Authority:

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

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