THE NOISE POLLUTION (REGULATION

AND CONTROL) RULES, 2000

CONTENTS

MISCELLANEOUS

1. Short title and commencement

2. Definitions

3. Ambient air quality standards in respect of noise for different

areas/zones

4. Responsibility as to enforcement of noise pollution control measures

5. Restrictions on the use of loud speakers/public address system

6. Consequences of any violation in silence zone/area

7. Complaints to be made to the authority

8. Power to prohibit etc. continuance of music sound or noise

Schedule

Synopsis

THE NOISE POLLUTION (REGULATION AND

CONTROL) RULES, 2000

S.O. 123 (E), dated 14th February, 2000.1-Wheareas the increasing ambient
noise levels in public places from various sources, inter-alia, industrial
 activity, construction activity, generator sets, loud speakers, public address
terms, music systems, vehicular horns and other mechanical devices have
mysterious effects on human health and the psychological well being of the
people; it is considered necessary to regulate and control noise producing and
venerating sources with the objective of maintaining the ambient air quality
standards in respect of noise.

1. Published in the Gazette of India, Extraordinary, Pt.II, Sec. 3 (ii)

dated 14th February, 2000.

Now, therefore, in exercise of the powers conferred by Cl. (ii) of sub-section

(2) of Sec. 3, sub-section (1) and Cl. (b) of sub-section (2) of Sec. 6 and Sec.
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: -

1. Short title and commencement. -

(1) These rifles 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 otlier7oise requires,-

(a) “Act” means the Environment (Protection) Act, 1986 (29 of 1986);

(b) “Area/zone” means all areas which fall in either of the of 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 arm other officer designated for the
maintenance o 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 Art. 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 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 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 meters 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. –

(l) A loudspeaker 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,
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 rises 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 11) 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 risk of annoyance, disturbance, discomfort or injury to the public
or any person who dwell or occupy property on the vicinity, he may, by
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 premise 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 oil its own
motion, or on the application of any person aggrieved by an order made
tinder 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 if either in person or by a person representing him and showing
cause against the order and shall, if it reflects any such application
either wholly or in part, record its reasons for such rejection.

SCHEDULE

(See rule 3 (1) and 4 (1)

Ambient Air Quality standards in respect of Noise

Area Code Category of Limits in dB(A) Leq*

Area/Zone Day Time Night Time
 (A) Industrial area 75 70
(B) Commercial area 65 55
(C) Residential area 55 45
(D) Silence Zone 50 40

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 meters
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-

abovementioned 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.
A “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.

SYNOPSIS

1. Genera … 1324

2. The noise nuisance … 1324

3. Noise and psychology … 1325

4. Concept of noise pollution … 1325

5. Combating the smog and noise in cities … 1326

6. Measurement of the intensity of sound … 1326

7. Sources of noise pollution … 1328

 (i) Noise limits for domestic appliances

(ii) Noise due to loud speakers

(iii) Noise due to bursting of crackers

]
(iv) Noise due to vehicles

(v) Noise due to trains

(vii) Noise due to aircrafts

(vii) Noise due to projection of satellites into space

(viii) Noise from construction and civil engineering works

(ix) Noise from industries

8. Control and abatement … 1333

9. Impact on environment … 1334

10. Effects- … 1334

(i) Effects of noise interference with people’s life

(ii) Effects on other animals and other living things

(iii) Effects on non-living things

11. Statutory provisions of noise pollution … 1338

(i) Constitution of India and Noise Control

(ii) Law of Torts and Noise Control

(iii) Indian Penal Code and Noise Control

 (iv) Criminal Procedure Code and Noise Control

(v) Police Act, 1861 and Noise Control

(vi) Railways Act, 1890 and Noise Control

(vii) Aircraft Act, 1934 and Noise Control

(viii) Motor Vehicles Act and Noise

(ix) Factories Act, 1948 and Noise Control

(x) The Air (Prevention and Control of Pollution) Act, 1981 and Noise
Control

1. General. -Noise is unwanted sound. Ambient noise is all encompassing

noise associated with any given environment and is usually a composite of
sounds from many sources near and far. Any abnormal sound which irritates
human being is called as noise pollution.

Noise is one of the undesirable products of technological

civilization. Admits this civilization, whereever we go, noise
surrounds us. The roar of traffic, the passage of trains and
aeroplanes, the bustle of crowds and the working of industry and
the public utilities deafens our ears. Even home is invaded by
noise. The noise from whatever source it comes from is
undoubtedly, physiologically as well as psychologically
harmful. Invading environment in dangerous proportions,
it is an invisible but insidious form of pollutant Noise as a potentially
harmful
pollutant is being recognised as a great nuisance these days affecting
the quality
of life, particularly, in urban areas.

The Environment (Protection) Act, 1986, under Sec. 6 has

mentioned “Rules to regulate environmental pollution”. This
 section has explained the maximum allowable limits of
concentrations of various environmental pollutants (including
noise) for different areas.

2. The noise nuisance. -Noise is not only a nuisance; it is a health

hazard, Indians who have the dubious distinction of being
amongst the noisiest people in the world-are deaf to this fact.

Addressing the Indian Science Congress' annual convention in

January 1981, its president, Prof. A.K. Sharma, said, “in the
absence of any preventive measures, Indian towns are noiser
than those in the West. Calcutta, Bombay and Delhi are
regarded to be among the noisiest cities in the world, where the
average noise level even 10 years back was 90 decibels.
(Decibels is a unit of noise on a logarithmic scale.)”

In addition to factories, automobiles, trains and aeroplanes,

religious and social ceremonies are also a noise
nuisance. “Perhaps the most important source of noise of
immediate concern in our country, is that associated with the
social and religious ecstasies patterned by us notes a study made
by SOCLEEN. A noise level survey bv-SOCLEEN in the most
crowded localities of Bombay during the Ganpati-festival in
1980, found levels upto 97 decibels. The noise level at airports
measures about 90 decibels”.

Loudspeakers are a big way of expressing mutual favour in

India. Births, marriages, deaths, all appear to e apt occasions
for their use. “Loudspeakers wars” between temple and
mosques are known to have sparked communal riots.

Prolonged exposure to noise levels about 90 decibels can cause

permanent deafness-factory workers show neurological,
digestive and metabolical disorders under such
conditions. Researchers claim that if present noise levels
continue unchecked, further generations may be born deaf.

In the West, noise pollution is checked by legislation. In India,

we do not have any law regarding noise levels. Says Dr. V.D.
Kulsreshtha of the Indian Law Institute at New Delhi. “A separate
 legislation in India to control noise sources is extremely
significant and timely”. But no amount to legislation will help,
unless we are convinced that noise is a menace and take steps to
curb it.

3. Noise and psychology. -The most common and best-understood

physiological effect of noise is hearing impairment-either
temporary or permanent. The amount of permanent hearing loss
produced by sufficient exposure to high-level noise depends on the
nurture of the noise, the time distribution of Particular exposures,
the total duration of the exposure over a lifetime, and individual
susceptibility. For essentially continuous types of noise, such as
that in many factories, enough research has been done to permit
some statistical prediction of the risk of hearing damage. More
research is needed, however, to predict damage, which results from
noise of a discontinuous nature.

Noise is known to produce various temporary changes in man's

physiological state, in particular a construction of the smaller
arteries. This can mean a speeded up pulse and respiration
rate. Some medical authorities believe that continued exposure to
loud noised could cause chronic effects such as hypertension or
ulcers. Startling noises elicit in voluntary muscular responses.
Research is still necessary to permit quantitative prediction and
understanding of the extra-auditory physiological impact of noise.

4. Concept of noise pollution. -The word noise which is derived

from the Latin word ‘nausea’, has been defined in different
ways. In law, noise may be defined as an excessive, offensive, tent
or startling sound. In short, the best definition of noise is 'sound
which is undesirable-by the recipient'. This subjective definition
of noise differs from the scientific description of noise. An
objective definition of noise coupled with measure and assessment
techniques is yet to be drawn up by the law.

Statutory provisions of noise pollution. -

(i) Constitution of India and Noise Control. - Rapid

industrial development, urbanisation and regular flow of
 persons from rural to urban areas has made major
contribution towards environmental degradation but at the
same time the Authoritiesentrusted with the work of
pollution control-Pollution Control Board cannot be
permitted to sit back with folded hands on the pretext that
they have no financial or other means to control pollution
and supported the environment.

Apart from that Art. 21 of the Constitution of India, which

guarantees right to life, Arts. 48A and 51A (g) of the
Constitution are as under: -

Article 51 A (g)-”to protect and improve the natural

environment including forest, lakes, rivers and wildlife and
to have compassion for living creatures”.

Article 48A-”Protection and improvement of environment

and safeguarding of forests and wildlife. The State shall
endeavour to protect and improve the environment and to
safeguard the forests and wildlife of the country”.

(ii) Law o f Torts and Noise Control. -Noise in India is

actionable under the law of torts. As regards the statutory
control of noise, it is surprising that there exists no law,
under the Indian legal system exclusively dealing with the
problem of noise or its control, whereas many countries of
the world have already enacted specific laws to control the
noise menace. We have stray provisions here for the control
of noise despite the fact that public health is greatly
threatened here due to increasing noise pollution.

(iii) Indian Penal Code and Noise Control.

(a) Provisions under Sec. 268 of the Indian Penal Code,

1860, noise is actionable as “public nuisance”. The
section reads : “A person is guilty of Public nuisances
who does any act or is guilty of an illegal omission
which causes any common injury, danger or
annoyance to the public or to the people in general
who dwell or occupy property in the vicinity, or which
 must necessarily cause injury, obstruction, danger or
annoyance to persons who may have occasion to use
any public right”. People who by any offensive
means corrupt the air or by any means cause loud and
continued noise- and thereby cause injury or
annoyance to those dwelling in the neighborhood in
respect of their health or comfort and convenience or
living are liable to prosecution for causing public
nuisance.

(b) Noise nuisance can also be punishable under the

provisions of Sec. 290 of the code, which prescribes a
punishment, which may extend to two hundred
rupees, for those cases of nuisance not specifically
covered under the Code. Neither the right to make
noise can be acquired by prescription nor it can be
accepted as a defence to a charge of nuisance.

In spite of the serious consequences of noise, nuisance

by noise has not been accorded its proper place under
the Indian Penal Code. It is till date relegated to the
residuary provision in Sec. 290 which prescribes just
nominal punishment. The provisions of the Code, in
view of the recent scientific and industrial
developments, is inadequate to cope with increasing
menace of noise pollution.

The provisions of the Code also do not lead us to

uniform and certain rules for application to the
criminal cases of noise nuisance. There have been
very rare prosecutions for nuisance by noise as the
offence of public nuisance under Sec. 290 is non-
cognizable.

Nuisance action under the penal code is a poor

remedy as it is nominally punitative rather than
preventive or compensatory.

(iv) Criminal Procedure Code and Noise Control. -

Provisions under the Sec. 133 of the Criminal Procedure
 Code, 1973 the Magistrate has the power to make
conditional order requiring the person causing nuisance
including that of noise to remove such nuisance.

(v) Police Act, 1861 and Noise Control. - The Police Act,
1861 also deals with noise pollution and punishment thereof.

(i) Provisions under Sec. 30 of the Act, District

Superintendent or Assistant District Superintendent
of Police are authorised to direct the conduct of all
assemblies and processions on public roads or in the
public streets or thoroughfares. They can prescribe
the routes by which and the times at which such
processions may pass. These police officers may also
require by general or special notice for the
procurement of a licence in cases where in the
judgment of Magistrate of the district, the convening
of the assembly or of a procession likely to be formed
or pass through such road, street or thoroughfare, if
uncontrolled, is likely to cause a breach of
peace. Under the same section, the above-mentioned
police offices are also empowered to regulate the
extent to which music may be used in the streets on
festivals and ceremonies.

(ii) Provisions under Sec. 30-A, the above said police

officers and Inspectors of Police or any Police Officer
incharge of a station are authorised to exercise the
power of stopping, dispersing or declaring the
assemblies or processions as unlawful which violate
the conditions of licence.

(iii) Provisions Sec. 32 of the Act, (on conviction before

a Magistrate), provides for a penalty of a fine not
exceeding two hundred rupees, for violation of the
conditions of any licence for the use of music or for
the conduct of assemblies and processions, issued by
the district Superintendent or Assistant District
Superintendent of Police.
(vi) Railways Act, 1890 and Noise Control.-It is surprising to
note that railway engines and carriages are a big source of
noise in India but railway locomotives enjoys a statutory
protection under the Indian than Railways Act, 1890 against
any action for the noise created thereby. There is no
provision in the Act, which provides for the regulation of
noise by railway locomotives. Sec. 16 of the Act gives
statutory authority for the use of locomotives to railway
administration.

[The section reads: “16-Right to rise locomotives

(i) A railway administration may with the previous sanction of

the (Central Government) use upon a railway locomotive
engines or other motive powers and rolling stock to be
drawn or propelled thereby”.]

The Railway Act, 1890 has been repealed by the Railways

Act of 1989 but the new Act also does not contain any
specific provision dealing with the control of noise pollution
resulting from railway locomotives. Noise from railway
locomotives cannot be subjected to strict statutory control,
for railways constitute the largest means of public
transportation in India.

(vii) Aircraft Act, 1934 and Noise Control. -The impact of

civil aviation on the environment is evident in the rising
public concern regarding noise, which is most irritating and
the most responsible element for the rising opposition to
further growth of aviation. The concern over the increasing
noise levels from aircrafts has been appreciated by the world
aviation community.

Accordingly, in 1968 at the sixteenth Assembly session of

the International Civil Aviation Organisation (ICAO) at
Buenos Aires, a resolution was adopted whereby ICAO was
asked to study on urgent basis the problem of noise pollution
from aircrafts. The ICAOI- pursuant to this resolution
carried out a detailed study of the noise problem and
developed laws in the form of International Standards and
Recommended Practices for aircraft noise. These were
finally adopted by ICAO in the form of Annex. 16 to the
Convention on International Civil Aviation. According to
these standards all aircrafts are required to be noise certified
by the authorities of the state of registry of the aircraft on the
basis of satisfactory evidence that the aircrafts complies with
requirements which are least equal to the applicable
standards specified in Annex. 16.

India is a member state of ICAO and has accordingly

accepted the noise specifications of Annex. 16 for
implementation in India. Hence as per an Aeronautical
Information circular issued, a legal directive, which lays
down that aircrafts which are not noise certified in
accordance with Annex. 16 standards will not be permitted
to operate in India after 31st December' 1987.

Under the Indian Aircraft Act, 1934 causing wilful damage

or injury is actionable. Although there is no specific
provision relating to control of noise pollution from aircrafts
but under the rule making powers confirmed by Sec. 8 (A)
of Aircraft Act, 1934 and its supersession of the Indian
Aircrafts (Public Health) rules, 1946 Government can make
rules to control noise pollution for safeguarding
health. Noise restriction regulations and safety regulations
are incorporated in the Aircrafts Rules. To enforce rules
Airfield Environment Committees headed by Secretaries, of
the State Governments with broad-based membership from
Civil Aviation Department, Municipal Corporations, Health
Department, etc., are established at all airports. These
committees also consider ways and means to maintain
environmental cleanliness, disposal of wastes and removal
of unathorised slums or eating places etc., around the airport.

It may be mentioned here that theoretically there are noise

restrictions at the Indian airports, but there are not known
cases where airline has been penalised for infringement of
the laid down noise regulations. No serious effort has been
made to impose night curfews to cut down noise pollution.
(viii) Motor Vehicles Act and Noise Control. -The Motor
Vehicles Act, 1939 under Secs. 20, 21j, 41, 68, 681, 70, 91
and 111A empowered the State Government to frame rules
regulating equipment and maintenance of motor vehicles
and trailers. Without prejudice to the generality of the
foregoing powers, rules, under Sec. 70 may be made,
governing any of the following matters either generally in
respect of motor vehicles or trailers or m respect of motor
vehicles or trailers of a particular class or in particular
circumstances, namely:

(i) The reduction of noise emitted or caused by vehicles;

(ii) Prohibiting the carrying of appliances likely to cause

annoyance or danger;

(iii) The periodical testing and inspection of vehicles by

prescribed authorities; and

(iv) The use of trailer with motor vehicles.

It is noteworthy that Motor Vehicles Rules made by various

states do not contain any effective control measures to
control the noise pollution. To a certain extent, use of
'horns' and silencers is regulated by the rules. The Rules
certainly are directed at curbing the noise but despite their
presence the menace and the open violation of the Rules still
persists due to inadvertence shown by the state in their
effective implementation.

The Motor Vehicles Act, 1939 has been repealed by the

newly enacted Act of 1988.

(i) Section 110 of this Act empowers the Central

Government to make rules regarding equipment and
inbuilt safety measures to be provided in motor
vehicles at the manufacturing point such as safety
belt, standards of component, controlling air and
noise pollution etc., so as to bring uniformity of
standards. The proviso to the section provides that
 any rules relating to the matters dealing with the
protection of environment. so far as may be, shall be
made after consultation with the Ministry of the
Government dealing with environment.

(ii) In pursuance of the powers so conferred, Central

Motor Vehicle Rules, 1989 have been framed by the
Central Government but the rule-making powers have
not been fully utilised for regulating effectively noise
pollution. The new Act provides among others for
penalty for violation of noise pollution standards.

(iii) Provision of Sec. 190 (2) provides that any person

who drives or causes or allows to be driven, in any
public place a motor vehicle, which violates the
standards prescribed in relation to road safety, control
of noise and air pollution, shall be punishable for the
first offence with a fine of one thousand rupees and
for any second or subsequent offence with a fine of
two thousand rupees”.

The Motor Vehicles Act should provide for a

provision specifying the limit of noise in terms of
decibels.

(ix) Factories Act, 1948 and Noise Control. -The Factories

Act, 1948 does not contain a specific provision of noise
control while it has been found in a number of cases that
high intensities, high frequencies and intermittency of noise
are the factor of annoyance for the workers. Such situations
not only cause physical and psychological damages but also
impairs workers efficiency resulting into their giving low
production and causing dissatisfaction practically to
all. Only Sec. 11 of the Factories Act, 1938 provides
protection from noise by making it obligatory on the part of
an occupier for keeping every factory clean and free from
any drain, privy or other nuisance. The use of word
'nuisance' in Section 11 may include noise. It is pertinent to
note that under Sec. 35 of the Act, protection to eyes of
employees is given but protection to ears is nowhere given
 in the Act. The omission to specifically provide for
protection of workers against the noise pollution is uncalled
for whereas under the schedule under Sees. 89 and 90 of the
Act, noise induced hearing loss is mentioned as a notifiable
disease.

Industrial laws such as Factories Act need to incorporate

safety provisions against noise pollution to safeguard the
workers such as provision for ear plugs and insulation in
addition to provisions for the reduction of noise at source
such as reduction of noise by proper machine design, proper
maintenance, lubrication, mounting equipment on rubber
enclosing the noise, use of baffles, use of sound proofing
material like walls, ceilings and floors, etc.

(x) The Air (Prevention and Control of Pollution) Act, 1981

and Noise Control. -Prior to the 1987 amendments to the
Air Act, 1981, the Act did not include in its gamut the
regulation of noise pollution. But after the 1987
Amendments noise has been recognised as an air
pollutant. The amended Sec. 2 (a) now defines 'air
pollutant' to “mean any solid liquid or gaseous substance
including noise present in the atmosphere in such
concentration as may be or tend to be injurious to human
beings or other living creatures or plants or property or
environment”. Hence the 1987 Amendment to the Air Act
now specifically extends the provision of Air Act, including
increased penalties citizen's suits and the issuance of
injunctions by Magistrates, to control noise pollution.

The Central and the State Boards now exercise the powers
and functions under Secs. 16 and 17 of the Air Act,
respectively with regard to the prevention and control of
noise pollution including the laying down of noise
standards. In pursuance of the powers conferred under Sec.
16, the Central Pollution Control Board has laid down noise
standards during the reporting years.
NOTE- REFER THE PPT ALSO
https://www.slideshare.net/advocatekgupta/n
oise-pollution-rules-2000