Punjab act 036 of 1956 : Punjab Instruments (Control of Noises) Act, 1956

Preamble

1Punjab Instruments (Control of Noises) Act, 19566

[Punjab Act No. 36 of 1956][26th September, 1956]
1 2 3 4
Year No. Short title Whether affected by Legislation.
1956 36 The Punjab Instruments (Control of Noises) Act, 1956. Extended to Pepsu Territory by Punjab Act 5 of 1957 2 Amended by Punjab Act 42 of 1957 3 Amended by Punjab Act 35 of 1960 4 Amended by Punjab Act 17 of 1969 5

An Act to control the use and play of instruments such as loud-speakers, microphones and amplifiers.

Be it enacted by the Legislature of the State of Punjab in the Seventh Year of the Republic of India as follows:-

1 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary) 1956, page 184.

2 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary) 1957, page 339.

3 For statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), ??? page 1658.

4 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1960 page 1965.

5 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1969, page 1118.

6 Received the assent of the Governor of Punjab on the 26th September, 1956 and was fir A published for general information in the Punjab Government Gazette (Extraordinary) dated the 1st October, 1956.]

Preamble

1Punjab Instruments (Control of Noises) Act, 1956*

[Punjab Act No. 36 of 1956][26th September, 1956]
1 2 3 4
Year No. Short title Whether repealed or otherwise affected by legislation
1956 36 The Punjab Instruments (Control of Noises) Act, 1956. Extended to the territories which immediately before the 1st November, 1956, were Comprised in the State of Patiala and East Punjab States Union by Punjab Act, 5 of 19572 Amended by Punjab Act 42 of 19573 Amended by Punjab Act 35 of 19604 Amended by the Haryana Adaptation of Laws (State and Concurrent Subjects) Order, 19685 Amended by Haryana Act 7 of 19706 Amended by Haryana Act 5 of 19787

An Act to control the use and play of instruments such as loud-speakers, microphones and amplifiers

Be it enacted by the Legislature of the State of Punjab in the Seventh Year of the Republic of India as follows:-

1. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1956, page 184.

* [Received the assent of the Governor of Punjab on the 26th September, 1956, and was first published in the Punjab Government Gazette (Extraordinary) Legislative Supplement, Part I, of the 1st October, 1956]

2. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary) 1957, page 339.

3. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1957, page 1658.

4. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1960, page 1965.

5. See Haryana Government Gazette (Extraordinary), dated the 29th October, 1968.

6. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), page 70, dated 5-2-1970.

7. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 24th February, 1978, page 204.

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Punjab Instruments (Control of Noises) Act, 1956.

(2) It shall come into force in such areas and on such dates as the State Government may, by notification in the Official Gazette, direct.

Section 2. Definition

2. Definition.- In this Act, unless there is anything repugnant in the subject or context-

"Instrument" means a loud-speaker, an amplifier and such other apparatus for the play of sounds as may be declared to be an instrument under this Act by the State Government.

Section 3. Restriction on the use of instruments

1[3. Restriction on the use of instruments.- No person shall use or operate any instruments-

(a) in or upon any premises at such pitch or volume as to audible beyond the precincts thereof;

or

(b) on any road, street, thoroughfare or other public or vacant place;

except under the written permission of the District Magistrate or any officer auhtorised by him in this behalf and under such conditions as may be attached to it.]

1 Substituted by Punjab Act 17 of 1969, section 2.

Section 4. Limitation on the use of instruments

4. Limitation on the use of instruments.- No person shall use or operate any instrument between ten O'clock in the night and six o'clock in the morning except with the written permission of the District Magistrate or any officer authorised by him in this behalf and under such conditions as may be attached to it.

Section 4-A. Grant of permission

1[4-A. Grant of permission.- No permission under section 3 or section 4 shall be given unless the application for permission bears a court fee stamp of the value calculated at the rate of five rupees for every day or part thereof in respect of which the permission is sought:

Provided that where the permission is either refused or given for a period which is less than the one applied for, the amount of fee shall be refunded wholly or proportionately as the case may be.]

1 Inserted by Punjab Act 35 of 1960, section 2.

Section 5. Penalty

5. Penalty.- Whoever contravenes the provisions of the Act shall be liable to be punished with inprisonment of either description for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Section 6. Offence to the cognizable

1[6. Offence to the cognizable.- Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence punishable under this Act shall be cognizable.]

1 Added by Punjab Act 42 of 1957, section 2.

Section 4. Limitation on the use of instruments

4. Limitation on the use of instruments.- No person shall use or operate any instrument between ten o'clock in the night and six o'clock in the morning except with the written permission of the District Magistrate or any officer authorised by him in this behalf and under such conditions as may be attached to it.

Section 2. Definition

2. Definition.- In this Act, unless there is anything repugnant in the subject or context-

"Instrument" means a loud-speaker, an amplifier and such other apparatus for the play of sounds as may be declared to be an instrument under this Act by the State Government.

Section 5. Penalty

5. Penalty.- Whoever contravenes the provisions of the Act shall be liable to be punished with imprisonment of either description for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Section 6. Offences to be cognizable

3[6. Offences to be cognizable.- Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence punishable-under this Act shall be cognizable.]

3. Section 6 added by Punjab Act 42 of 1957.

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Punjab Instruments (Control of Noises) Act, 1956.

2[(2) It shall come into force 1[in such areas of the Principal territories] and on such dates as the state Government, may by notification in the Official Gazette, direct 3[and in the transferred territories on the 3rd April, 1957].

2. This Act came into force on the 2nd January, 1957 vide Punjab Government Notification No. 9232-3H-56/10575-C/49 published in Punjab Government Gazette Part I, 1957, page 30.

1. Substituted for the words "in such areas" by Haryana Adaptation of Laws Order, 1968.

3. Added by ibid.

Section 4-A. Fee

1[4-A. Fee.- No permission under section 3 or section 4 shall be given unless the application for permission bears a court fee stamp of the value calculated at the rate of 2[seven rupees and fifty paise] for every day or part thereof in respect of which the permission is sought:

Provided that where the permission is either refused or given for a period which is less than the one applied for, the amount of fee shall be refunded wholly or proportionately as the case may be.]

1. Section 4A added by Punjab Act 35 of 1960.

2. Substituted for the words "live rupees" by Haryana act 7 of 1970.

Section 3. Restriction on use of instruments

4[3. Restriction on use of instruments.- No person shall use or operate any instrument-

(i) in or upon any premises at such a pitch or volume as to be audible beyond the precincts thereof; or

(ii) in or upon any street or bazar or open space.

except under the written permission of the District Magistrate or any officer authorised by him in this behalf and under such conditions as may be attached to it.]

4. Substituted, by Haryana Act 5 of 1978.

SECTIONS