Noise Pollution (Regulation and Control) (Amendment) Rules, 2010

Ministry of Environment and Forests

Notification No :SO50(E)

Date of Notification : 11.01.2010

Date of Publication : 11.01.2010

Notification/ Circulars Referred: number S.O. 123 (E), dated the 14th February, 2000, S.O.1088 (E), dated the 11th October, 2002; S.O.1569 (E), dated the 19th September, 2006; G.S.R. 158(E), dated the 9th March, 2009

Noise Pollution (Regulation and Control) (Amendment) Rules, 2010

Whereas, the Central Government has notified the Noise Pollution (Regulation and Control) Rules, 2000 vide notification number S.O. 123 (E), dated the 14th February, 2000, which has been amended vide S.O. 1046(E), dated the 22nd November, 2000, S.O.1088 (E), dated the 11th October, 2002 and S.O.1569 (E), dated the 19th September, 2006;

And, whereas, the Central Government had received representations from Non-Government Organisations and individuals requesting for certain amendments in view of various difficulties being faced in the society due to noise pollution;

And , whereas, the Central Government in exercise of the powers conferred by sub-section (2) of section 3 and section 25 of the Environment (Protection) Act, 1986 (29 of 1986), read with rule 5 of the Environment (Protection) Rules, 1986, further to amend the Noise Pollution (Regulation and Control) Rules, 2000 published the draft rules in the Gazette of India, Extraordinary, vide G.S.R. 158(E), dated the 9th March, 2009 for the information of all persons likely to be affected thereby; and notice was given that the said draft rules would be taken into consideration by the Central Government on or after the expiry of a period of sixty days from the date on which copies of the Gazette containing this notification are made available to the public ;

And, whereas, the copies of the said Gazette notification were made available to the public on the 27th March, 2009;

And, whereas, objections and suggestions received in response to the above mentioned 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 further to amend the Noise Pollution (Regulation and Control) Rules, 2000, namely:-

The Noise Pollution (Regulation and Control) (Amendment) Rules, 2010

1.       (1) These rules may be called the Noise Pollution (Regulation and Control) (Amendment) Rules, 2010.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Noise Pollution (Regulation and Control) Rules, 2000, (hereinafter referred to as the said rules), in the opening portion, after the words "construction activity", the words "fire crackers, sound producing instruments" shall be inserted;

3. In the said rules, in rule 2, after clause (h), the following clauses shall be inserted, namely:-

"(i) "public place" means any place to which the public have access, whether as of right or not, and includes auditorium, hotels, public waiting rooms, convention centres, public offices, shopping malls, cinema halls, educational institutions, libraries, open grounds and the like which are visited by general public; and

(j) "night time" means the period between 10.00 p.m. and 6.00 a.m.".

4. In the said rules, in rule 3, in sub- rule (3), after the words "noise emanating from vehicular movements", the words "blowing of horns, bursting of sound emitting fire crackers, use of loud speakers or public address system and sound producing instruments" shall be inserted.

5. In the said rules, in rule 5,-

(i) in the heading, after the words "PUBLIC ADDRESS SYSTEM", the words "AND SOUND PRODUCING INSTRUMENTS" shall be inserted;

(ii) for sub-rule (2), the following sub- rule shall be substituted, namely:-

"(2) A loud speaker or a public address system or any sound producing instrument or a musical instrument or a sound amplifier shall not be used at night time except in closed premises for communication within, like auditoria, conference rooms, community halls, banquet halls or during a public emergency.";

(iii) In sub-rule (3),-

(a) for the words "public address systems during night hours", the words "public address system and the like during nights hours" shall be substituted;

(b) after the words "a limited duration not exceeding fifteen days in all during a calendar year.", the words "The concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption would be operative." shall be inserted;

(iv) after sub-rule 3, as so amended, the following sub-rules shall be inserted, namely:-

"(4) The noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10 dB (A) above the ambient noise standards for the area or 75 dB (A) whichever is lower;

(5) The peripheral noise level of a privately owned sound system or a sound producing instrument shall not, at the boundary of the private place, exceed by more than 5 dB (A) the ambient noise standards specified for the area in which it is used.".

6. In the said rules, after rule 5, the following shall be inserted, namely:-

"5A. RESTRICTIONS ON THE USE OF HORNS, SOUND EMITTING CONSTRUCTION EQUIPMENTS AND BURSTING OF FIRE CRACKERS.-

(1) No horn shall be used in silence zones or during night time in residential areas except during a public emergency.

(2) Sound emitting fire crackers shall not be burst in silence zone or during night time.

(3) Sound emitting construction equipments shall not be used or operated during night time in residential areas and silence zones.".

7. In the said rules, in rule 6, after the clause (iii), the following clauses shall be inserted, namely -

"(iv) whoever, bursts sound emitting fire crackers; or

(v) whoever, uses a loud speaker or a public address system.".

8. In the said rules, in rule 7, in sub-rule (1), after the words "in the corresponding columns against any area/ zone" the words "or, if there is a violation of any provision of these rules regarding restrictions imposed during night time" shall be inserted.

9. In the said rules, in rule 8, in sub-rule (1), in clause (a),-

(i) in sub-clause (ii), for the words, "public address systems, appliance or apparatus" the words "public address systems, horn, construction equipment, appliance or apparatus" shall be substituted;

(ii) after sub-clause (ii), the following sub-clause shall be inserted, namely:-

"(iii) sound caused by bursting of sound emitting fire crackers, or,".

[F. No. Q-15022/02/08-CPA]
RAJNEESH DUBE, Jt. Secy.

Note: - The principal rules were published in the Gazette of India vide number S.O. 123 (E), dated 14th February, 2000 and subsequently amended vide S.O. 1046 (E), dated the 22nd November, 2000, S.O. 1088 (E), dated the 11th October, 2002 and S.O. 1569 (E), dated the 19th September, 2006.