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Batteries (Management and Handling)
Rules:
The Batteries (Management and Handling)
Rules, 2001, shall apply to every manufacturer, importer,
re-conditioner, assembler, dealer, recycler, auctioneer,
consumer and bulk consumer involved to manufacture,
processing, sale, purchase and use of batteries or components
thereof.
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Responsibilities of manufacturer, importer,
assembler and re-conditioner. - It shall be the responsibility
of a manufacturer, importer, assembler and re-conditioner
to -
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(i)
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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);
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(ii)
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ensure that used batteries
collected back are of similar type and specification
that of the new batteries sold;
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(iii)
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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; |
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(iv)
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set up collection centers either
individually or jointly at various places for
collection of used batteries from consumers
or dealers;
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(v)
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ensure that used batteries collected
are sent only to the registered recyclers;
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(vi)
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ensure that necessary arrangements
are made with dealers for safe transportation
from collection centers to the premises of registered
recyclers;
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(vii)
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ensure that no damage to the
environment occurs during transportation;
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(viii)
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create public awareness through
advertisements, publications, posters or any
other means with regard to the following -
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| (a) |
hazards of
lead; |
| (b) |
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. |
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(ix)
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use the international recycling
sign on the Batteries;
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(x)
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buy recycled lead only from
registered recyclers; and
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(xi)
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bring to the notice of the
State Board or the Ministry of Environment and
Forests any violation by the dealers.
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| 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 From -II.
Customs clearance of imports of new lead acid batteries.
- Customs clearance of imports shall be contingent
upon -
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| (i) |
valid registration
with the Reserve Bank of India (with Importer's
Code Number). |
| (ii)
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one time
registration with the Ministry of Environment and
Forests or an energy 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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Responsibilities of dealers. -
It shall be responsibility of a dealer to-
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| (i) |
ensure that the used
batteries are collected back as per the Schedule
against batteries solid; |
| (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 solid; |
| (iv) |
file half-yearly returns
of the sale of new batteries and buy-back of old
batteries to the manufacture in Form
-V by 31st May and 30th November of every year; |
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(v) ensure safe transportation
of collected batteries to the designated collection
centers or to the registered recyclers; and |
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(vi) ensure that no
damage is caused to the environment during storage
and transportation of used batteries. |
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| Responsibilities of recycler. -
Each recycler shall - |
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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; |
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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; |
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submit annual returns
as per Form-VII to the
State Board; |
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make available all
records to the State Board for inspection; |
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mark 'Recycled' on
lead recovered by reprocessing; and |
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create public awareness
through advertisements, publication, poster or others
with regard to the following;- |
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| (a) |
hazards of lead; and |
| (b) |
obligation of
consumers to return used batteries only to
the registered dealers or deliver at the designated
collection centers. |
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| Procedure for registration /renewal
of registration of recyclers. - |
| 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; |
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| (a) |
a copy of the
valid consent under Water (Prevention and
Control of Pollution) Act, 1974, as amended
and Air (Prevention and Control of Pollution)
Act, 1981, as amended; |
| (b) |
a copy of the
valid authorization under Hazardous Wastes
(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. |
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(2) The Joint Secretary, Ministry of
Environment and Forests or any officer designated 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 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 at least six months before its expiry.
The Joint Secretary, Ministry of Environment and Forests
or any officer designated 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 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 him an opportunity to explain and after recording
the reasons thereof.
(8) It shall be the responsibility of the State Boards
to monitor the compliance of conditions prescribed 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, Ministry of Environment and Forests or
any officer designated by the Ministry or an 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 consumer or bulk consumer. -
(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 centers.
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| (2) |
It shall be the responsibility
of the bulk consumer to - |
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| (i) |
ensure that
used batteries are not disposed of in any
manner other than by depositing with the dealer/manufacture/registered
recycler/importer/ reconditioner or at the
designated collection centers; and |
| (ii) |
file half-yearly
return in Form-VIII
to the State Board. |
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| (3) |
Bulk consumers or their
user units any action used batteries to registered
recyclers only. |
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| Responsibilities of auctioneer. -
The auctioneer shall - |
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(i) ensure that used
batteries auctioned to the registered recyclers
only; |
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(ii) file half-yearly
returns of their auctions to the State Boards in
Form -IX; and |
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(iii) maintain
a record of such auctions and make these records
available to the State Board for inspection. |
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| The State Board is the prescribe authority
for ensuring compliance of the provisions of these rules
and it shall file an annual compliance status report to
the Central Pollution Control Board by 30th April of every
year.
And 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.
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SCHEDULE
[See rule 4(i) and 7(i)]
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Sl No
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Year
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Number of used batteries
to be collected back
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| (i) |
During
first year of implementation of rule |
50%
of new batteries sold |
| (ii) |
During
second year of implementation of rules |
75%
of new batteries sold |
| (iii) |
After
second year of implementation of rules |
90%
of new batteries sold |
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