(1) These rules may be called the Noise Pollution (Regulation and Control) Rules, 2000.

(2) They shall come into force on the date of their publication in the Official Gazette.

In these rules, unless the context otherwise requires,

(a) Act means the Environment (Protection) Act, 1986 (29 of 1986);

(b) area/zone means all areas which fall in either of the four categories given in the Schedule annexed to these rules;

3[(c) authority means and includes any authority or officer authorized by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or any other officer not below the rank of the Deputy Superintendent of Police designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force;]

4[(d) court means a governmental body consisting of one or more judges who sit to adjudicate disputes and administer justice and includes any court of law presided over by a judge, judges or a magistrate and acting as a tribunal in civil, taxation and criminal cases;

(e) educational institution means a school, seminary, college, university, professional academies, training institutes or other educational establishment, not necessarily a chartered institution and includes not only buildings, but also all grounds necessary for the accomplishment of the full scope of educational instruction, including those things essential to mental, moral and physical development;

(f) hospital means an institution for the reception and care of sick, wounded, infirm or aged persons, and includes government or private hospitals, nursing homes and clinics;]

5[(g)] 6[ person shall include any company or association or body of individuals, whether incorporated or not;]

7[(h)] State Government in relation to a Union territory means the Administrator thereof appointed under Article 239 of the Constitution;

8[(i) 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 offices, shopping malls, cinema halls, educational institutions, libraries, open grounds and the like which are visited by general public; and

(j) night time means the period between 10.00 p.m. and 6.00 a.m.]

(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.

(2) The State Government 9[shall categorize] the areas into industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards for different areas.

(3) The State Government shall take measures for abatement of noise including noise emanating from vehicular movements 10[blowing of horns, bursting of sound emitting fire crackers, use of loud speakers or public address system and sound producing instruments] 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 while planning developmental activity or carrying out functions relating to town and country planning shall 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.

(5) An area comprising not less than 100 metres around hospitals, educational institutions and courts may be declared 11[by the State Government] as silence area/zone for the purpose of these rules.

12[Provided that, an area shall not fall under silence area or zone category, unless notified by the State Government in accordance with sub-rule (2).]

Case Law The exemption from restrictions on the use of loudspeakers shall not apply to silence zone areas, Farhd K. Wadia v. Union of India, (2009) 2 SCC 442.

(1) The noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule.

(2) The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise.

13[(3) The respective State Pollution Control Boards or Pollution Control Committees in consultation with the Central Pollution Control Board shall collect, compile and publish technical and statistical data relating to noise pollution and measures devised for its effective prevention, control and abatement.]

Case Law R. 4 mandates that authority shall be responsible for the enforcements of noise pollution control measures.

It is incumbent on the State Government to implement the aforesaid rules to maintain the standards of ambient air quality in respect of noise. The provisions contained in the aforesaid rules are mandatory in nature. No discretion has been vested in any authority to relax the standards. The standards of ambient air quality prescribed in the Schedule are the bare minimum requirements. There can be no relaxation of the aforesaid standards, Dipendra Nath Sen v. State of W.B., (2008) 1 CHN 1017.

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

15[(2) A loud speaker or a public address system or any sound producing instrument or a musical instrument or a sound amplifier shall not be used at night time except in closed premises for communication within, like auditoria, conference rooms, community halls, banquet halls or during a public emergency.]

16[(3) Notwithstanding anything contained in sub-rule (2), the State Government may subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems and the like during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural, religious or festive occasion of a limited duration not exceeding fifteen days in all during a calendar year and the concerned State Government or District Authority in respect of its jurisdiction as authorised by the concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption should be operative.

Explanation. For the purposes of this sub-rule, the expressions

(i) festive occasion shall include any National function or State function as notified by the Central Government or State Government; and

(ii) National function or State function shall include

(A) Republic Day;

(B) Independence Day;

(C) State Day; or

(D) such other day as notified by the Central Government or the State Government.].]

17[(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 level of a privately owned sound system or a sound producing instrument shall not, at the boundary of the private place, exceed by more than 5 dB (A) the ambient noise standards specified for the area in which it is used.]

Case Law The noise level at the boundary of the public place, where loudspeakers or public address systems or any other noise source, including drums, tom-toms, trumpets, bugles and the like 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 one shall beat a drum or tom-tom or blow a trumpet, bugle or the like or beat or sound any instrument or use any sound amplifier at night (between 10.00 p.m. and 6 a.m.) except in public emergencies.

The peripheral noise level of privately owned sound systems shall not exceed by more than 5 dB(A) the ambient air quality standard specified for the area in which they are used, at the boundary of the private place.

No horn should be allowed to be used at night (between 10 p.m. and 6 a.m.) in residential areas except in exceptional circumstances.

The States shall make provision for seizure and confiscation of loudspeakers, amplifiers and such other equipment as are found to be creating noise beyond the permissible limits.

The abovesaid guidelines are issued in exercise of power conferred on the Supreme Court under Articles 141 and 142 of the Constitution. These would remain in force until modified by the Supreme Court or superseded by appropriate legislation, Noise Pollution (V), In re, (2005) 5 SCC 733.

Every citizen is entitled under Art. 21 of the Constitution to live in a decent environment and has right to sleep peacefully at night. The direction issued by High Court not to let out premises to persons or associations who have not obtained permission from competent authority with regard to use loud speakers/public address system, Sayeed Maqsood Ali v. State of M.P., (2001) 2 MPLJ 605.

Just because urbanization and industrialisation have led to noise levels exceeding prescribed levels in some areas, that would not be a ground for allowing individuals or groups to increase noise pollution by beating drums and using voice amplifiers to broadcast their prayers or other activities, Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Assn., (2000) 7 SCC 282 : 2000 SCC (Cri) 1350.

The power under R. 5(3) is valid. However the said power cannot be delegated by State Government it must be exercised by reference to the State as a unit and not by reference to districts so as to specify different dates for different districts. State Government should generally specify in advance, the number and particulars of the days on which exemption under R. 5(3) will be operative and such exemption when granted shall not apply to silence zone areas. It is expected that State Government would exercise the power with due care and caution and in public interest, without arbitrariness, in specification of the days on which the exemption will operate. Scope of exemption cannot be widened by amendment either by increasing total number of days or by increasing duration of exemption beyond two hours on the specified days. If this is sought to be done, Rule 5(3) may be liable to struck down as violative of Arts. 14 and 21, Noise Pollution (VII), In re [Forum, Prevention of Environment & Sound Pollution] v. Union of India, (2005) 8 SCC 796.

18[5-A. 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 fire 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.]

Whoever, in any place covered under the silence zone/area commits any of the following offence, he shall be liable for penalty under the provisions of the Act :

(i) whoever, plays any music or uses any sound amplifiers,

(ii) whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds any instrument, or

(iii) whoever, exhibits any mimetic, musical or other performances of a nature to attract crowds;

19[(iv) whoever, bursts sound emitting fire crackers; or

(v) whoever, uses a loud speaker or a public address system.]

Case Law High Court passed an order of injunction in respect of silence area/zone as defined and discussed in the Rules . No separate declaration passed by the State Government defining silence area/zone under R. 3(5). Hence, no specific declaration is required to be passed as Note 3 to Schedule to Rules of 2000 defines the silence zone , Farhd K. Wadia v. Union of India, (2009) 2 SCC 442.

Court may issue directions in respect of controlling noise pollution even if such noise is a direct result of and is connected with religious services and activities.

Because of urbanization or industrialisation the noise pollution may in some area of a city/town be exceeding permissible limits prescribed under the rules, but that would not be a ground for permitting others to increase the same by beating of drums or by use of voice amplifiers, loudspeakers or by such other musical instruments and, therefore, rules prescribing reasonable restrictions including the rules for the use of loudspeakers and voice amplifiers framed under the Madras Town Nuisances Act, 1889 and also the Noise Pollution (Regulation and Control) Rules, 2000 are required to be enforced.

Even though the rules are unambiguous, there is lack of awareness among the citizens as well as the implementation authorities about the rules or its duty to implement the same. Noise-polluting activities are rampant and yet for one reason or the other, the aforesaid Rules or the Rules framed under the various State Police Acts are not enforced. Hence, the High Court has rightly directed implementation of the same, Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Assn., (2000) 7 SCC 282 : 2000 SCC (Cri) 1350.

The State Governments were directed to make provisions for seizure and confiscation of loudspeakers, amplifiers and other equipments which would be found to generate noise beyond permissible limit, Janhit Manch v. State of Maharashtra, (2006) 2 Mah LJ 284.

(1) 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 20[or, if there is a violation of any provision of these rules regarding restrictions imposed during night time], make a complaint to the authority.

(2) 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.

(1) If the authority is satisfied from the report of an officer in charge of a police station or other information received by him 21[including from the complainant] that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury or risk of annoyance, disturbance, discomfort or injury to the public or to any person who dwell or occupy property on 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 loudspeakers, 22[public address systems, horn, construction equipment, appliance or apparatus] or contrivance which is capable of producing or re-producing sound, or

23[(iii) sound caused by bursting of sound emitting fire crackers, or,]

(b) the carrying on in or upon, any premises of any trade, avocation or operation or process resulting in or attended with noise.

(2) The authority empowered under sub-rule (1) may, either on its own motion, or on the application of any person aggrieved by an order made under sub-rule (1), either rescind, modify or alter any such order:

Provided that before any such application is disposed of, the said authority shall afford to the applicant 24[and to the original complainant, as the case may be,] an opportunity of appearing before it either in person or by a person representing him and showing cause against the order and shall, if it rejects any such application either wholly or in part, record its reasons for such rejection.

[See Rule 3(1) and 4(1)]

AMBIENT AIR QUALITY STANDARDS IN RESPECT OF NOISE

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. 25[* * *]

4. Mixed categories of areas may be declared as one of the four abovementioned categories by the competent authority.

*dB(A) Leq denotes the time 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, 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.

1. Vide Noti. No. S.O. 123(E), dated February 14, 2000, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 14th February, 2000, pp. 4-8.

2. Ins. by S.O. 50(E), dt. 11-1-2010 (w.e.f. 11-1-2010).

3. Subs. by Noti. No. S.O. 1046(E), dated November 22, 2000 (w.e.f. 24-11-2000). Prior to substitution it read as: (c) authority means any authority or officer authorised by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or any other officer designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force;

4. Ins. by Noti. No. S.O. 1046(E), dated November 22, 2000 (w.e.f. 24-11-2000).

5. Relettered by Noti. No. S.O. 1046(E), dated November 22, 2000 (w.e.f. 24-11-2000).

6. Subs. by Noti. No. S.O. 1046(E), dated November 22, 2000 (w.e.f. 24-11-2000). Prior to substitution it read as: person in relation to any factory or premises means a person or occupier or his agent, who has control over the affairs of the factory or premises;

7. Relettered by Noti. No. S.O. 1046(E), dated November 22, 2000 (w.e.f. 24-11-2000).

8. Ins. by S.O. 50(E), dt. 11-1-2010 (w.e.f. 11-1-2010).

9. Subs. for may categorize by Noti. No. S.O. 1046(E), dated November 22, 2000 (w.e.f. 24-11-2000).

10. Ins. by S.O. 50(E), dt. 11-1-2010 (w.e.f. 11-1-2010).

11. Ins. by S.O. 2555(E), dt. 10-8-2017 (w.e.f. 10-8-2017).

12. Ins. by S.O. 2555(E), dt. 10-8-2017 (w.e.f. 10-8-2017).

13. Ins. by Noti. No. S.O. 1569(E), dated September 19, 2006 (w.e.f. 19-9-2006).

14. Ins. by S.O. 50(E), dt. 11-1-2010 (w.e.f. 11-1-2010).

15. Subs. by S.O. 50(E), dt. 11-1-2010 (w.e.f. 11-1-2010).

16. Subs. by S.O. 2555(E), dt. 10-8-2017 (w.e.f. 10-8-2017). Prior to substitution it read as: [(3) Notwithstanding anything contained in sub-rule (2), the State Government may, subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or [public address system and the like during nights hours] (between 10.00 p.m. to 12.00 midnight) on or during any cultural or religious festive occasion of a limited duration not exceeding fifteen days in all during a calendar year. [The concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption would be operative.].]

17. Ins. by S.O. 50(E), dt. 11-1-2010 (w.e.f. 11-1-2010).

18. Ins. by S.O. 50(E), dt. 11-1-2010 (w.e.f. 11-1-2010).

19. Ins. by S.O. 50(E), dt. 11-1-2010 (w.e.f. 11-1-2010).

20. Ins. by S.O. 50(E), dt. 11-1-2010 (w.e.f. 11-1-2010).

21. Ins. by Noti. No. S.O. 1569(E), dated September 19, 2006 (w.e.f. 19-9-2006).

22. Subs. by S.O. 50(E), dt. 11-1-2010 (w.e.f. 11-1-2010).

23. Ins. by S.O. 50(E), dt. 11-1-2010 (w.e.f. 11-1-2010).

24. Ins. by Noti. No. S.O. 1569(E), dated September 19, 2006 (w.e.f. 19-9-2006).

25. Omitted by S.O. 2555(E), dt. 10-8-2017 (w.e.f. 10-8-2017). Prior to omission it read as: [3. Silence zone is an area comprising not less than 100 metres around hospitals, educational institutions, courts, religious places or any other area which is declared as such by the competent authority.]