Environment (Protection) Act, 1986 & Batteries (Management and Handling) Rules, 2001

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 What is Battery?

Battery means lead acid battery which is a source of electrical energy and contains lead metal.

Which Act is applicable for management & handling of batteries?

The Environment (Protection) Act 1986 with Batteries (Management and Handling) Rules, 2001 deals with management & handling of batteries.
This Act extends to whole territory of India.

What is the objective of Batteries (Management and Handling) Rules, 2001?

The objective of the Batteries (Management and Handling) Rules, 2001 are as follows:

  • To ensure discarded lead acid battery is disposed safely.
  • To have proper control and record keeping on the sale or import of lead acid batteries.
  • To ensure environmentally sound recycling of used batteries.

To whom Batteries (Management and Handling) Rules, 2001 is applicable?

Batteries (Management and Handling) Rules, 2001 is applicable to every:

  • Manufacturer
  • Importer
  • Re-conditioner
  • Assembler
  • Dealer
  • Recycler 
  • Auctioneer
  • Consumer and 
  • Bulk consumer

Who are involved in manufacture, processing, sale, purchase and use of batteries or its components.

What are the statutory duties of manufacturer & importer?

Statutory duties of manufacturer & importer are as follows:

  • 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 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 latest by 30th June and 31st December of every year; 
  • To set up collection centers 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 centers 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 regards to the following:
    1. hazards of lead;
    2. responsibility of consumers to return their used batteries only to the dealers or deliver at designated collection centers; and (c) addresses of dealers and designated collection centers. 
  • To use the international recycling sign on the Batteries; 
  • To buy recycled lead only from registered recyclers; 
  • To bring to the notice of the State Board or the Ministry of Environment and Forests any violation by the dealers;
  • To ensure that the new batteries shall be sold only to the registered dealers.

What are the statutory duties of Assembler & Re - conditioner?

Statutory duties of Assembler & Re - conditioner are as follows:

  • 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 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 latest by 30th June and 31st December of every year; 
  • 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 centers to the premises of registered recyclers; 
  • To create public awareness through advertisements, publications, posters or by other means with regards to the following:
    1. hazards of lead;
    2. responsibility of consumers to return their used batteries only to the dealers or deliver at designated collection centers; and (c) addresses of dealers and designated collection centers. 
  • To buy recycled lead only from registered recyclers; 
  • To bring to the notice of the State Board or the Ministry of Environment and Forests any violation by the dealers.

What is the statutory requirement for registration of importer?

Every importer of new lead acid batteries / primary lead shall file an application for registration in Form II to Central pollution control board.

When registration granted to importer shall be cancelled?

In case of failure in collection of the required number of used batteries or non-submission of timely half yearly returns to the State Pollution Control Boards with a copy to the Central Pollution Control Board, Registration granted to the importer shall be cancelled but only if he has been given a reasonable opportunity of being heard.

What are the conditions for getting custom clearance for import of new lead acid batteries?

Conditions for getting Custom clearance for import of new lead acid batteries are as follows: 

  • They shall have valid registration with the Reserve Bank of India (with Importer's Code Number); 
  • They shall do one - time registration with the Ministry of Environment and Forests or an agency designated by it in Form II;
  • They shall file Undertaking in Form-IIIand copy of the latest half-yearly return in Form-IV.

What are the statutory duties of recycler?

Statutory duties of recycler are as follows:

  • To 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; 
  • To ensure strict compliance of the terms and conditions of registration however, those already registered with the Ministry of Environment and Forests;
  • To submit annual returns as per Form VII to the State Board; 
  • To make available all records relating to receipt of used batteries, sources, quantities and metal yield to be submitted to the State Pollution Control Board for inspection.
  • To mark 'Recycled' on lead recovered by reprocessing; and 
  • To create public awareness through advertisements, publications, posters or others with regards to the following- 
    1. hazards of lead; and
    2. obligation of consumers to return used batteries only to the registered dealers or deliver at the designated collection centers.

What are the statutory duties of dealer?

Statutory duties of dealer are as follows:

  • To ensure that the used batteries are collected back as per the Schedule against new batteries sold; 
  • To give appropriate discount for every used battery returned by the consumer; 
  • To ensure that used batteries collected back are of similar type and specifications as that of the new batteries sold; 
  • To 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; 
  • To ensure safe transportation of collected batteries to the designated collection centers or to the registered recyclers; 
  • To ensure that no damage is caused to the environment during storage and transportation of used batteries;
  • To file application for registration; 
  • To file an appeal if aggrieved.

What are the statutory duties of Auctioneer?

Statutory duties of Auctioneer are as follows:

  • To ensure that used batteries are auctioned to the registered recyclers only; 
  • To file half-yearly returns of their auctions to the State Boards in Form-IX; and 
  • To maintain a record of such auctions and make these records available to the State Board for inspection.

What are the statutory duties of consumer or bulk consumer?

Statutory duties of consumer are as follows:

  • To ensure that 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.
  • Statutory duties of bulk consumer are as follows:
  • To ensure that used batteries are not disposed of in any manner other than by depositing with the dealer/manufacturer/registered recycler/importer/ re-conditioner or at the designated collection centers; and 
  • To file half-yearly return in Form VIII to the State Board.

What are the statutory forms & registers to be maintained under Batteries (Management and Handling) Rules, 2001?

Forms and registers to be maintained are as follows:

S.No.

Forms

Description

1

Form – I

Filing returns of sale of new batteries and collection of used batteries by 30th June (for the period October-March) and 31st December (for the period April-September) every year]

2

Form – II

Registration of importer of new lead acid batteries / primary lead

3

Form – III

Undertaking to be submitted by importer of new lead acid batteries

4

Form – IV

Registration of dealers

5

Form – V

Filing returns of sale of new batteries and collection of old batteries to be submitted by dealers to the manufacturers by 31st May (for sale during October-March) and 30th November (for sale during April-September) every year]

6

Form – VI

Application for registration of facilities possessing environmentally sound management proactive for recycling of used lead acid batteries to be submitted in triplicate

7

Form – VII

Filing returns by recyclers of used batteries by 30th June and 31st December of every year

8

Form – VIII

Filing returns by bulk consumer of batteries by 30th June (for the period October-March) and 31st December (for the period April-September) every year]

9

Form – IX

Filing returns by auctioneer of used batteries by 30th June and 31st December of every year

 

What are the offenses & penalties under the Act?

Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to 5 years with fine which may extend to Rs.100000/-, or with both, and in case the failure or contravention continues, with additional fine which may extend to Rs.5000/- for every day during which such failure or contravention continues after the conviction for the 1st such failure or contravention.

If the failure or contravention continues beyond a period of 1 year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to 7 years.



Frequently asked questions (FAQ)

1. What is the time limit for filing return of sales and buy-back to the State Board by importer & manufacturer?

Every importer or manufacturer shall file a half-yearly return of their sales and buy-back to the State Board in Form- I latest by 30th June and 31st December of every year.

2. What is the validity of registration granted to recycler?

The registration granted to the recycler 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.

3. When shall registration of recycler be renewed?

An application for the renewal of registration shall be made in Form VI at least six months before its expiry.

4. What is the time limit for filing return of sales of new batteries and buy-back of old batteries to the manufacturer by dealer?

Every Dealer shall 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.

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