ENVIRONMENTAL

LEGISLATION AND AUDIT

THE BATTERIES (MANAGEMENT AND

HANDLING) RULES, 2001
Branch : Environmental Management
Subject Code : 3721803
Prepared by : Nidhi Bhavsar
Guided by : Prof. Yogesh M. Gajera
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 NOTIFICATION
NEW DELHI, THE 16TH MAY, 2001

• 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.
• All objections received have been duly considered by the
Central Government;

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 1. APPLICATION

• These rules shall apply to every

1. manufacturer 6. recycler
2. importer 7. auctioneer
3. re-conditioner 8. consumer
4. assembler 9. bulk consumer
5. dealer involved in manufacture, processing,
sale, purchase and use of batteries or
components thereof.

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 2. DEFINITIONS
• ‘assembler’ – means a person who manufactures lead acid batteries by assembling
various components;
• ‘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;
• ‘auctioneer’ – means a person(s) who auctions used lead acid batteries or
components thereof;
• ‘battery’ – means lead acid battery which is a source of electrical energy and
contains lead metal.
• ‘bulk consumer’ – means a consumer such as the Departments of Central
Government like Railways, Defence, Telecom, Posts and Telegraph, the
Departments of State Government, the Undertakings, Boards and other agencies or
companies who purchase hundred or more than hundred batteries per annum
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• ‘consumer’ – means a person using lead acid batteries excluding bulk
consumers;
• ‘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;
• ‘reconditioner’ – means a person involved in repairing of lead acid batteries for
selling the same in the market;
• ‘recycler’ – means an occupier who processes used lead acid batteries or
components thereof for recovering lead;
• ‘registered recycler’ – means a recycler registered with the Ministry of
Environment & Forests or an agency designated by it for reprocessing used lead
acid batteries or components thereof;
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3 . R E S P O N S I BI LI T I E S O F MA N U FA C T U R E R , I MP O RT E R , A S S E MB L E R A N D R E -
CONDITIONER

Manufacturer, importer, assembler, and re-conditioner must:

• Collect used batteries for every new battery sold (excluding those sold to OEM and
bulk consumers)
• Collect used batteries of the same type and specifications as the new batteries sold
• File a half-yearly return of sales and buy-back in Form-I to the State Board by June 30
and December 31 every year
• Set up collection centers for used batteries from consumers or dealers
• Ensure
• used batteries are sent only to registered recyclers

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• Safe transportation of used batteries from collection centers to registered
recyclers through dealers
• No environmental damage occurs during transportation
• Create public awareness about hazards of lead, responsibility of consumers to
return used batteries to dealers or collection centers, and addresses of dealers
and collection centers
• Use the international recycling sign on batteries
• Buy recycled lead only from registered recyclers
• Report any violations by dealers to the State Board or the Ministry of
Environment & Forests

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 4. REGISTRATION OF IMPORTERS

For importers:
• Register with the Central Pollution Control Board using Form I for five years
• Registration may be cancelled for failure to collect the required number of used
batteries, not submitting timely half-yearly returns to State Pollution Control Boards
and Central Pollution Control Board, and non-compliance with rules
• Renewal of registration depends on compliance status
• Importer must be given a reasonable opportunity of hearing before cancellation of
registration
• Appeal in writing with a copy of the order appealed against within 30 days from the
date of passing of the order
• Appeal against suspension, cancellation, or refusal of registration to Member-
Secretary of the Central Pollution Control Board or any other designated officer
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 5. 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);
ii. one time registration with the Ministry of Environment & Forests or an agency
designated by it in Form-II;
iii. undertaking in Form-III; and
iv. a copy of the latest half-yearly return in Form-IV

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 6. RESPONSIBILITIES OF DEALER

For dealers:
• Collect used batteries for every new battery sold according to the Schedule
• Give discounts for every used battery returned by consumers
• Collect used batteries of the same type and specifications as the new batteries sold
• File half-yearly returns of new battery sales and used battery buy-back to the
manufacturer in Form-V by May 31 and November 30 every year
• Ensure safe transportation of collected batteries to designated collection centers or
registered recyclers
• Ensure no environmental damage during storage and transportation of used batteries

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 7. RESPONSIBILITIES OF
RECYCLER

For recyclers:
• Apply for registration to the Ministry of Environment & Forests or designated agency
by submitting information in Form VI
• Strictly comply with terms and conditions of registration
• Submit annual returns in Form VII to the State Board
• Make records available for inspection by the State Pollution Control Board, including
information on receipt of used batteries, sources, quantities, and metal yield
• Mark lead recovered by reprocessing as "Recycled"
• Create public awareness about the hazards of lead and the obligation of consumers to
return used batteries only to registered dealers or designated collection centers through
advertisements, publications, posters, or other means.
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 8. RESPONSIBILITIES OF CONSUMER OR
BULK CONSUMER

For consumers:
• Ensure used batteries are deposited only with dealers, manufacturers,
importers, assemblers, registered recyclers, re-conditioners, or designated
collection centers.
For bulk consumers:
• Ensure used batteries are deposited only with dealers, manufacturers, registered
recyclers, importers, reconditioners, or designated collection centers.
• File half-yearly returns in Form VIII to the State Board.
• Auction used batteries to registered recyclers only.

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 9. RESPONSIBILITIES OF
AUCTIONEER

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.

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 10. DUTIES OF CENTRAL
POLLUTION CONTROL BOARD

The Central Pollution Control Board shall compile and publish data received annually
from the State Boards. It shall periodically review compliance with the rules to enhance
the collection and recycling of used lead batteries, and inform the Ministry of
Environment & Forests, Government of India.

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 11. COMPUTERISATION OF RECORDS
AND RETURNS

Ministry of Environment and Forests or an agency designated by it shall

develop a system for computerized 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

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 GANGA POLLUTION CASE

Background
• River Ganga is the lifeline to many civilizations. But along with domestic
waste, industrial waste is also polluting this river. M.C. Mehta filed a PIL
under article 32 of constitution in the Supreme Court. It has been stated
that the water of this river is Holy, and many people consume it. Thus
protecting it is vital for human life.

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 FACTS

• Tanneries discharged the maximum industrial waste in Kanpur.

• The tanneries defended themselves by stating that they are not directly
discharging this waste into Ganges. Instead, they discharge into municipal
drains and it is the Municipality’s responsibility not to mix the two.
• In addition, they stated that the equipment required for regulatory
mechanisms is too expensive and shutdown of these tanneries would lead to
unemployment.

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 JUDGEMENT

• The court declared that unemployment and revenue is a matter that is

incomparable to public health. The court also blamed the Municipality for being a
total failure and asked the Municipality to take proper action against this. The
court demanded an adequate drainage and sewage system.
• The court directed the Kanpur mahanagarpalika to submit its proposals for sewage
treatment works to the state board constituted under water act within six months.
• The dairies might either be shifted outside the city so that the waste at the diaries
did not ultimately reach the river Ganga.
• The Kanpur Mahanagarpalika should take immediate steps to increase the size of
the sewers in the labour colonies.
• The court further directed that the practice of throwing corpses and semi-burnt
corpses into the river Ganga should be immediately brought to an end.
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THANK YOU

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