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S.O.
123(E)
Whereas the increasing ambient noise levels in public places from various
sources, inter-alia,
industrial activity, construction activity, generator sets, loud speakers,
public address systems,
music systems, vehicular horns and other mechanical devices have deleterious
effects on
human health and the psychological well being of the people, it is considered
necessary to regulate
and control noise producing and generating sources with the objective
of maintaining the ambient air quality
standards in respect of noise;
Whereas a draft
of Noise Pollution (Control and Regulation) Rules, 1999 was published
under the
notification of the Government of India in the Ministry of Environment
and Forests vide number S.O. 528 (E)
dated the 2e June, 1999 inviting objections and suggestions from all
the persons likely to be affected thereby,
before the expiry of the period of sixty days from the date on which
the copies of the Gazette
containing the said notification are made available to the public,
And whereas copies
of the said Gazette were made available to the public on the I"
day of July, 1999.
And whereas the
objections and suggestions received from the public in respect of the
said draft rules have
been duly considered by the Central Government,
Now, therefore,
in exercise of the powers conferred by clause (ii) of sub-section (2)
of section 3, sub-
section (1) and clause (b) of sub-section (2) of section 6 and section
25 of the Environment (Protection) Act,
1986 (29 of 1986) read with rule 5 of the Environment (Protection) Rules,
1986, the Central Government
hereby makes the following rules for the regulation and control of noise
producing and generating sources,
namely: The
Noise Pollution (Regulation and Control) Rules, 2000
1.
Short-title
and commencement
1. These rules may be called the-Noise Pollution (Regulation
and Control) Rules, 2000.
2. They shall come into force on the date of their publication
in the Official Gazette.
2.
Definitions
In these rules, unless the context otherwise requires,
a. "Act" means the Environment (Protection)
Act, 1986 (29 of 1986);
b. "area/zone" means all areas which fall in
either of the four categories given in the Schedule annexed
to these rules;
c. "authority" means any authority or officer
authorised by the Central Government, or as the case
may be, the State
Government in accordance with the laws in force and includes a District
Magistrate, Police
Commissioner, or any other officer designated for the maintenance of
the
ambient air quality
standards in respect of noise under any law for the time being in force;
d. "person" in relation to any factory or premises
means a person or occupier or his agent, who has
control over the
affairs of the factory or premises;
e. "State Government" in relation to a Union
territory means the Administrator thereof appointed
under article 239
of the Constitution.
3.
Ambient
air quality standards in respect of noise for different areas/zones
1. The ambient air quality standards in respect of noise
for different areas/zones shall be such as
specified in the
Schedule annexed to these rules.
2. The State Government may categorize the areas into
industrial, commercial, residential or silence
areas/zones for the
purpose of implementation of noise standards for different areas.
3. The State Government shall take measures for abatement
of noise including noise emanating from
vehicular movements
and ensure that the existing noise levels do not exceed the ambient
air
quality standards
specified under these rules.
4. All development authorities, local bodies and other
concerned authorities while planning
developmental activity
or carrying out functions relating to town and country planning shall
take
into consideration
all aspects of noise pollution as a parameter of quality of life to
avoid noise
menace and to achieve
the objective of maintaining the ambient air quality standards in respect
of
noise.
5. An area comprising not less than 100 metres around
hospitals, educational institutions and courts
may be declared as
silence area/zone for the purpose of these rules.
4.
Responsibility
as to enforcement of noise pollution control measures
1. The noise levels in any area/zone shall not exceed
the ambient air quality standards in respect
of noise as specified
in the Schedule.
2. The authority shall be responsible for the enforcement
of noise pollution control measures and the
due compliance of
the ambient air quality standards in respect of noise.
5.
Restrictions
on the use of loud speakers/public address system
1. A loud speaker or a public address system shall not
be used except after obtaining written
permission from the
authority.
2. A loud speaker or a public address system shall not
be used at night (between 10.00 p.m. to 6.00
a.m.) except in closed
premises for communication within, e.g. auditoria, conference rooms,
community halls and
banquet halls.
6.
Consequences of any violation in silence zone/area
Whoever, in any place covered under the silence zone/area commits
any of the following offence, he shall
be liable for penalty under the provisions
of the Act:
(i) whoever, plays any music or uses any sound amplifiers,
(ii) whoever, beats a drum or tom-tom or blows a horn either
musical or pressure, or trumpet or beats
or sounds any instrument,
or
(iii) whoever, exhibits any mimetic, musical or other performances
of a nature to attract crowds.
7.
Complaints
to be made to the authority
1. A person may, if the noise level exceeds the ambient
noise standards by 10 dB(A) or more given in
the corresponding
columns against any area/zone, make a complaint to the authority.
2. The authority shall act on the complaint and take
action against the violator in accordance with the
provisions of these
rules and any other law in force.
8.
Power
to prohibit etc. continuance of music sound or noise
1. If the authority is satisfied from the report of an
officer in charge of a police station or other
information received
by him that it is necessary to do so in order to prevent annoyance,
disturbance, discomfort
or injury or risk of annoyance, disturbance, discomfort or injury to
the public
or to any person
who dwell or occupy property on the vicinity, he may, by a written order
issue such
directions as he
may consider necessary to any person for preventing, prohibiting, controlling
or
regulating:
a. the incidence or continuance in or upon any premises
of -
(i) any vocal or instrumental music,
(ii) sounds caused by playing, beating, clashing,
blowing or use in any manner
whatsoever of any instrument including
loudspeakers, public address systems,
appliance or apparatus or contrivance
which is capable of producing or re-producing
sound, or
b. the carrying on in or upon, any premises of any trade,
avocation or operation or process
resulting in or attended with noise.
2. The authority empowered under sub-rule (1) may, either
on its own motion, or on the application of
any person aggrieved
by an order made under sub-rule (1), either rescind, modify or alter
any such
order:
Provided that before any such application
is disposed of, the said authority shall afford to the
applicant an opportunity
of appearing before it either in person or by a person representing
him and
showing cause against
the order and shall, if it rejects any such application either wholly
or in part,
record its reasons
for such rejection.
SCHEDULE
(see rule 3(l) and 4(l)
Ambient Air Quality Standards in Respect of Noise
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Area
Code
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Category
of Area/Zone
|
Limit
in dB(A) Leq *
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Day
Time
|
Night
Time
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(A)
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Industrial
area
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75
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70
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(B)
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Commercial
area
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65
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55
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(C)
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Residential
area
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55
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45
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(D)
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Silence
Zone
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50
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40
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Note:
1. Day time shall mean from 6.00 a.m. to 10.00 p.m.
2. Night time shall mean from 10.00 p.m. to 6.00 a.m.
3.
Silence zone is defined as an area comprising not less than
100 metres around hospitals, educational
institutions and courts.
The silence zones are zones which are declared as such by the competent
authority.
4.
Mixed categories of areas may be declared as one of the four above mentioned
categories by
the competent authority.
*dB(A) Leq denotes the time weighted average of the level
of sound in decibels on scale A
which is relatable to human hearing.
"decibel" is a unit in which noise is measured.
"A", in dB(A) Leq, denotes the frequency
weighting in the measurement of noise and
corresponds to frequency response characteristics
of the human ear.
Leq : It is an energy mean of the
noise level, over a specified period.
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