MINISTRY OF ENVIRONMENT AND FORESTS
New Delhi, the 11th January, 2010
S.0. 50(E)- Whereas, the Central Government has notified the Noise Pollution (Regulation and Control) Rules, 2000 vide notification number 8.0. 123 (E), dated the 14th February, 2000, which has been amended vide S.O.1046(E), dated the 22nd November, 2000, 8.0.1088 (E), dated the 11th October, 2002 and 8.0.1569 (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 difficuities being faced in the society due to noise pollution;
And , whereas, the Central Government in exercise of the powers conferred by subsection (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, fL‘irther 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 ail 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 pubiic 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 7 (2) of section 3, sub-section (1) and clause (b) of sub-sectio’n (2) of section 6 and ’ section 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with ruie 5 0f 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 PoIIution (Regulation and Control) (Amendment) Rules, 2010.
(2) They shalt 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 ruies), 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 ctauses shall be inserted, nameiyz-
“(1) “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 office’s, shopping malls, cinema. halls, educational institutions, libraries, open grounds and the like which are visited by generai public; and
(j) “night time” means the period between 10.00 pm. 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 ruie 5,-
(i) in the heading, after the words “PUBLIC ADDRESS SYSTEM”, the words “AND SOUND PRODUCING INSTRUMENTS” shall be inserted;
(ii) for sub—ruie (2), the following sub- rule ehali 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 shalt not be ‘used at night time except in closed premises for communication within, like auditoria, conference rooms, community halIs, banquet hails or during a public emergency.”,
(iii) In sub-rule (3),-
(a) for the words ‘p‘ubiic address systems during night hours”, the words “pubiic 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 generatiy 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—ruies 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 Ievei of a privately owned sound system or a sound producing instrument she“ not, at the boundary of the‘private piace, 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 the 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 areal zone” the words “or, it thereis 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,.“pubiic address systems, appliance or apparatus” the words “public address systems, h0rn, construction equipment, appliance or apparatus” shall be substituted;
(ii) after sub—clause (ii), the following sub—ciause 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 nun’t” 30.123 (E), . dated 14th February, 2000 and subsequentiy amended vide 5.0. 1046 (E3 titted the 22″d November, 2000, 5.0. 1088 (E), dated the 11th October, 2002 and 5.0. 1569 (E), dated the 19th September, 2006.’