Saturday, 20 June 2020

THE NOISE POLLUTION (REGULATION AND CONTROL) RULES, 2000 .....

THE NOISE POLLUTION (REGULATION AND CONTROL) RULES, 2000

(IN EXERCISE OF THE POWERS CONFERRED BY SECTIONS 3,6,25 OF THE ENVIRONMENT PROTECTION ACT 1986 READ WITH RULE 5 OF ENVIRONMENT RULES 1986)

 

INTRODUCTION

The noise levels  in public places from various sources like

 

·        Industrial activity

·        Construction activity

·        Fire crackers

·        Sound producing instruments

·        Generator sets

·        Loud speakers

·        Public address systems

·        Music systems

·        Vehicular horns and other mechanical devices etc

have deleterious effects on human health and the psychological well being of the people

Hence it is considered necessary to regulate and control noise producing and generating sources with the objective of maintaining the ambient air quality standards for different areas/zones

ZONES


INDUSTRIAL AREAS

All areas, which are included within the industrial estates, mining areas, barge loading facilities and related activity, jetties along the riverfronts

COMMERCIAL AREAS

Shops, retail outlets hotels and other commercial establishments

RESIDENTIAL AREA

Residential and semi-residential areas

SILENCE ZONE

All areas comprising not less than 100 meters around hospitals, educational the institution, courts, religious places, wildlife sanctuaries, reserve forests, turtle nesting sites, Heritage/Archeological sites

 AMBIENT AIR QUALITY STANDARDS

 (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.


·        DAY TIME:   6 AM TO 10 PM

·        NIGHT TIME: 10 PM  TO 6  PM

·        Silence zone is an area comprising not less than 100 meters around hospitals, educational institutions, courts, religious places or any other area which is declared as such by the competent authority

·        dB(A) Leq denotes the time a 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, “A” 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

 

(2) The State Government takes  measures for abatement of noise 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 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.


 RESPONSIBILITY AND ENFORCEMENT


 The respective State Pollution Control Boards or Pollution Control Committees in consultation with the Central Pollution Control Board collects, compiles and publishes technical and statistical data relating to noise pollution and measures devised for its effective prevention, control and abatement.


 RESTRICTIONS


 ·        A loudspeaker or a public address system shall not be used except after obtaining written permission from the authority.

·        The noise level at the boundary of the public place, where loudspeaker or public address system or any other the 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

·        No horn shall be used in silence zones or during night time in residential areas except during a public emergency

·        Sound emitting firecrackers shall not be burst in silence zone or during night time.
Sound emitting construction equipment shall not be used or operated during night time in residential areas and silence zones.

  

COMPLAINTS

 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.

 

LEGAL ASPECTS

 INDIAN PENAL CODE: Noise pollution is dealt with under sections 268, 290 and 291 of IPC

·        268 – to charge a person or persons

·        290 and 291 – to penalize

 

CRIMINAL PROCEDURE CODE: Under section 113 of Criminal Procedure Code, the Magistrate has the power to make conditional order requiring the person causing a nuisance to remove such a nuisance.

 

FACTORIES ACT 1948:  However under the third schedule under sections 89 and 90 of the Act, 'noise-induced hearing loss is mentioned as a notifiable disease’

 

MOTOR VEHICLES ACT 1988: Sections 119(horns) and 120(silencers) of the Central Motor Vehicle Rules. 1989, deal with the reduction of noise.

 

PROTECTION AGAINST NOISE IN WORK ZONE AREA

 

EXPOSURE TIME HOURS

SOUND (dB(A))

8

90

6

93

4

95

2

97

1.5

100

1

105

45 minutes

107

30 minutes

110

15 minutes

115

 

Article by PJ Mohan

Sr.Faculty, NIFS


 


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