Government of Andhra Pradesh

Abstract

Noise Pollution - - Noise Pollution (Regulation and Control) Rules, 2000 under Environment
(Protection) Act, 1986 – Prescribing the Authorities for implementing the Rules - Orders –
Issued.
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ENVIRONMENT, FORESTS, SCIENCE & TECHNOLOGY (ENV) DEPARTMENT

G.O.Ms.No. 172 Dated: 12-10-2010

Read the following:-

1. Govt. of India, Ministry of Environment and Forests

Notification No. S.O. 1046 (E), dated 22nd November 2000
2. G.O.Rt. No.227, EFS&T(ENV) Deptt., dated 11-07-2000.
3. From the M.S., APPCB., Lr. No.364/APPCB/LAB/JSO/2010-118,
dated 17-04-2010.
***

ORDER:

In the reference 2nd read above orders have been issued prescribing the authority for (i)
Zoning of Areas (ii) Implementing the Rules and (iii) Penalties to be levied on the defaulters
under the Noise Pollution (Regulation & Control) Rules, 2000 under Environment (Protection)
Act, 1986 issued by the Government of India.

2. The Noise Pollution (Regulation & Control) Rules, 2000 issued by the Government of
India were further amended vide S.O. 50 (E), dated 11-01-2010. In view of the amendments
made to the Noise Pollution (Regulation & Control) Rules, 2000, the Member Secretary, A.P.
Pollution Control Board, Hyderabad has submitted proposals for issue of orders prescribing the
authorities for implementing the said Rules.

3. Accordingly, after careful examination of the proposal and in supercession of the orders
issued in reference 2nd above, the Government hereby issue the following orders prescribing the
authority for (i) Zoning of areas, (ii) Implementing the Rules and (iii) Penalties to be levied on
the defaulters: -

i. ZONING OF AREAS: The Director of Town & Country Planning shall be the Authority
to identify and notify the broad boundaries of Industrial Areas, Commercial Areas and
Residential Areas as applicable in human habitations of the State. The priority shall be
given to notify the zones, in all the Municipalities of the State including Municipal
Corporations, but coming under the jurisdiction of Urban Development Authorities, shall
be treated as Municipal areas, for the purpose of categorisation and implementation of
Rules.

After the notification of the 3 categories of zones in all the Municipal areas of the
State, the Silent zones will have to be identified and notified according to the Notification
by the Town Planning Departments of respective Municipalities. The day-time and
night-time standards of ambient noise levels will become effective for implementation
after “Silent Zones” are notified. In the Silent zones, signboards shall be raised by the
concerned Municipalities, mentioning in Telugu, Urdu, Hindi and English that “That is a
Silent Zone”. The signboards shall also have No-Horn signs according to the Motor
Vehicles Act guidelines.

[contd….on P.2.]
 -2-

The Ambient Air Quality Standards in respect of Noise as per the Notification
cited are as follows:

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

Area code
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, i.e. Town Planning
Department
4. Mixed categories of areas may be declared as one of the four above mentioned
categories by the competent authority.

ii) PRESCRIBED AUTHORITY FOR IMPLEMENTATION: The Commissioner of Police

in the Municipal Corporations area shall be the Prescribed Authority to implement
ambient air quality standards and Rules in respect of noise in the Municipal Corporation
areas and similarly, the Superintendent of Police of districts shall be the Prescribed
Authorities to implement these standards and Rules, within their jurisdiction. These
Authorities shall have the power to further sub-delegate the authority to facilitate
effective implementation.

The Road Transport Authority shall ensure that no vehicle shall receive fresh
registration or renewal of registration or license for driving such vehicle unless the horn
fitted in the vehicles meets the prescribed standard, the engine silencers are as per
specified norms and good condition, and the overall condition of the vehicle body and
suspension system is in good order, so as not to rattle and cause noise beyond permissible
limits. The RTA shall also check that no multi-tone horns and accessories for audio
alarms / indications producing noise beyond permissible limits, are in use. It is also to be
ensured that audio systems within the vehicle operate at maximum – 75 dB(A) at 2 meter
distance from the vehicle.

iii) LEVY OF PENALTIES: The Penalties will be, in accordance with the provisions laid
down in Police Act, Cr.P.C. and Motor Vehicles Act, in addition to the provisions in
Section 15 of Environment (Protection) Act, 1986. Accordingly, for vehicular defaulters,
the Section 190(2) of Motor Vehicles Act, 1988 is used to fine the first offence at
Rs.1,000/- and subsequent offences at Rs.2,000/- per offence. For the subsequent
offences, the vehicle mounted audio system and accessories shall be removed and
confiscated in addition to other penalties.

The other defaulters shall be fined Rs.2,000/- in the first offence and Rs.4,000/-
per offence shall be fined on subsequent offences as the source of noise pollution is
generally stationary in one place and cause constant emission of noise resulting. In
accumulative damage to the human nervous system causing blood pressures, etc. Under
Section 15 of Environment (Protection) Act, 1986 a proven offender can be punished
with imprisonment for a term which may extend to five years with fine, which may
extend to one lakh rupees or with both, and in case the contravention continues, with
additional fine, which may extend to five thousand rupees for every day during which,
such contravention continues after the conviction for the first such failure or

[contd…on P.3.]
 -3-

contravention. Under the same Rules, if the failure or contravention continues beyond a
period of one year and after the date of conviction, the offender shall be punishable with
imprisonment for a term, which may extend to seven years.

4. RESTRICTIONS

a) Public Place has been defined and the occupant of public place has to restrict the volume
of public address system etc., so that the noise emitting from its activity would not exceed
the noise limit more than 10 dB(A) of the prescribed standard.

b) Similarly, the occupant of private place has to restrict the volume of the music system etc.,
so that the noise emitting from its activity would not exceed the noise limit by more than 5
dB(A) of the prescribed standard.

c) Stress has been laid on making the night peaceful. The “night time” has been defined
(10.00 p.m. to 06.00 a.m.) and restrictions have been imposed on use of horns, sound
emitting, construction equipments and bursting of fire crackers in the night time.

d) A loud speaker or a public address system shall not be used except after obtaining written
permission from the authority

e) A loud speaker or a public address system or any sound producing instrument or a musical
instrument or sound amplifier shall not be used at night (between 10.00 p.m. to 06.00 a.m.)
except in closed premises for communication within, like auditoria, conference rooms,
community halls and banquet halls or during a public emergency .

f)In Silent zones, the following are not permitted

(i) Playing any music or using any sound amplifiers

(ii) Beating of drum or tom – tom or blowing on either a musical or pressure or
trumpet or beats or sounds of any instrument
(iii) Exhibition of any mimetic musical or other performance of nature to attract
crowds
(iv) Bursting of sound emitting fire crackers or
(v) Using of loud speaker or public address system

5. ENFORCEMENT:

a) The noise levels in any area / zone shall not exceed the ambient air quality
standard in respect of noise as specified in the schedule.

b) The audio systems of vehicles shall not be heard more than 7 meters away
from the vehicles

c) The authority shall be responsible for the enforcement of noise pollution,

control measures and due compliance of the ambient air quality standards
in respect of noise.

6. COMPLAINTS:

a) 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.
[contd….on P.4]
 -4–

b) 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.

7. POWER TO PROHIBIT:

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, injury or risk of annoyance, disturbance, discomfort
or injury to the public or to any person, which dwell or occupy property in 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 loud speakers public address systems,
horn, construction equipment, appliance or apparatus or contrivance which is
capable of producing or reproducing sound, or
III sound caused by bursting of sound emitting fire crackers or

b) The carrying on in or upon, any premises of any trade, avocation,

operation or process resulting in or attended with noise;

8. The local Municipal and Gram Panchayat Authorities shall ensure to take necessary
measures to cause wide publicity of the impacts of noise on health of human beings and
penalty provisions of these Rules, through cinema exhibit slides, electronic media etc.

9. The Andhra Pradesh Pollution Control Board shall take legal action against Cinema
Halls, who continuously exceed 85 dB(A) inside the theaters during the cinema shows.
In this regard, the Regional Officers of APPCB shall make random monitoring of noise
levels inside the cinema halls and based on the results, legal hearing shall be conducted
by Zonal Officers of APPCB against defaulting cinema exhibitors under Section 15 of the
Environment (Protection) Act, 1986.

10. In case of Electrical Generators used for domestic / industrial purposes the owners shall
be given directions by local Municipal Authorities that the exhaust of the Generator set
be installed in sound proof enclosed room and exhaust of the generator should be water
muffed, especially in the Silent Zones and Residential Zones.

11. These orders shall come into force with immediate effect.

(BY ORDER AND IN THE NAME OF GOVERNOR OF ANDHRA PRADESH)

JANAKI R. KONDAPI
SPECIAL CHIEF SECRETARY TO GOVERNMENT
To
The Principal Secretary, HMA&UD Department
The Principal Secretary, Transport & Buildings Deptt.
Director General of Police for circulation to
all Commissioners of Police and Superintendent of Police
The Member Secretary, APPCB, Hyderabad
The Commissioner, Road Transport Authority

[contd….on P.5 ]
 -5-

Director, Town & Country Planning.

Commissioner & Director of Municipal Administration, A.P., Hyd.
All the District Collectors.

Cc to: The Vice – Chairman & Managing Director, HMDA,

Cc to: The Managing Director, APSRTC

// FORWARDED : : BY ORDER //

SECTION OFFICER.