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 |
·
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.
·
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
LEGAL ASPECTS
·
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
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