What is Battery & used Battery?

The Batteries (Management & Handling) Rules, 2001 was notified in May, 2001 to regulate the collection, characterization and recycling as well as import of used lead-acid/Lithium-Ion batteries in the country. These rules inter-alia make it mandatory for consumers to return used batteries. All manufacture/assemblers/ re-conditioners/importers of lead acid/Lithium-ion batteries are responsible for collecting used batteries against new ones sold as per the Schedule defined in the Rules. Such used lead acid/Lithium-ion batteries can be auctioned /sold only to registered recyclers.

According to Batteries (Management and Handling) Amendment Rules, 2010, a battery means lead acid/Lithium-ion battery which is a source of electrical energy and contains lead, Lithium metal. Used batteries means used, damaged and old lead acid/Lithium-ion batteries or components thereof.

Who needs the registration under Batteries (Management and Handling) Amendment Rules, 2010?

• Every importer
• Assembler
• Recycler
• Dealer
• Manufacturer
• Re-conditioner has to register itself in the Ministry under these rules.

• 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); 
• Ensure that used batteries collected back are of similar type and specifications as that of the new batteries sold; 
• File a half-yearly return of their sales and buy-back to the State Board in Form- I latest by 30 June and 30 December of every year; 
• Set up collection centers either individually or jointly -at various places for collection of used batteries from consumers or dealers; 
• Ensure that used batteries collected are sent only to the registered recyclers, 
• Ensure that necessary arrangements are made with dealers for safe transportation from collection centers to the premises of registered recyclers; 
• Ensure that no damage to the environment occurs during transportation; 
• 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 or deliver at designated collection centers; and Addresses of dealers and designated collection centers. 

• 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 the 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-11.

Customs Clearance of Imports of New Lead Acid/Lithium-ion 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-11; 
• Undertaking in Form-111; and
• A copy of the latest half-yearly return in Form IV

Responsibilities of Dealer

• 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; 
• Ensure that used batteries collected back are of similar type and specifications as that of the new batteries sold; 
• 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-, 
• Ensure safe transportation of collected batteries to the designated collection centers 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; 
• Ensure strict compliance of the terms and conditions of registration; however, those already registered with the Ministry of Environment and Forests or all agency designated by it for reprocessing used batteries would be bound by the terms and conditions of such registration; 
• Submit annual returns as per Form 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.

Responsibilities of Consumer or Bulk Consumer

The auctioneer shall –

• 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; and 
• Maintain a 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 shall be the State Board. And, it shall file an annual compliance status report to the Central Pollution Control Board by 30th April of every year. 

Duties of Central Pollution Control Board

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. 

Computerization of Records and Returns

Ministry of Environment and Forests or an agency designated by it shall develop a system for computerized tracking of:

• Distribution and sale of batteries; 
• Collection, auction, transport and re-processing of used batteries; 
• Sale of re-processed lead by registered recyclers; and 
• Sale of lead from all domestic producers or importers.

Product-Specific Requirements

The quantity of lead used, in kg per battery (A), charged battery weight with electrolyte in kg (B) and Ratio A: B shall not exceed the limits set by state pollution control board.

• Authorized Signatory Aadhar Card
• Authorized Signatory PAN Card
• GST Certificate
• Rent/Lease/proof of ownership of site
• Factory License/Trade License
• Electricity Bill
• Layout Plan / Naksha
• Importer Exporter Code
• Valid consent under Water & Air Act
• Valid Consent under Hazardous Waste Authorization

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 the 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 installed capacity issued by either State Pollution Control Board/District Industries Centre.