MINISTRY OF ENVIRONMENT AND FORESTS

NOTIFICATION

New Delhi, the 16th May, 2001

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, -

1. '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.