Sunday, March 21, 2010

Rules,Regulations and Control





EP Act 1986 and the Rules on Noise 1989 and
Noise Pollution (Regulation and Control) Rules 2000
Under this Act the following rules have been framed:


1. Noise is a pollutant

2. Maximum Decibel levels permitted as per Rules are as follows:
     Area                        Day time              Night time                                 6 A.M. to 9 P.M.      9 P.M. to 6 A.M.  --> Under Noise Rules 1989                                 6 A.M. to 10 P.M.   10 P.M. to 6 A.M.  --> Under Noise Pollution Rules 2000
 

a) Industrial                   75dB                       70dB
b) Commercial                65dB                       55dB
c) Residential                 55dB                       45dB
d) Silence Zone              50dB                       40dB


Silence Zone upto 100 meters around hospitals, educational institutions, Courts etc. Loudspeakers, vehicular horns are not allowed in Silence Zone at all.


3. Anyone violating the Act and Rules is liable for severe punishment; fine upto Rs.1,00,000/- and/or imprisonment upto 5 years.


4. If the institutions are found to be violating the Act, the Head of the Institution would be liable for punishment, even Government Institutions are not spared from this prosecution.  Ideal decibel levels at home would be 45dB during the day and 35dB during the night (in the bedroom).  Usual decibel levels due to Radio and TV are 40 to 50, louder volumes could produce 60-65 dB or more; kitchen grinders 60-70dB, office typewriters 55 to 60dB, vehicular engines and horns 80รข€”85 dB, roadside drilling machines 90-100 dB, aircraft noise 110-120 dB, loudspeakers 90-100 dB, could reach upto 100-120 dB during the festivals, loud noise firecrackers produce sound levels upto 110-120 dB (which are enough to permanently damage the eardrums).


Anti noise pollution Committee,  Association of Medical Consultants and Bombay Environmental Action Group has filed Writ Petition against Government of Maharashtra and Bombay Police in September 1995 in Bombay High Court.  The main demands are that since the Government of Maharashtra is the implementing authority, it should be directed to implement the EP Act 1986 and the Rules on Noise 1989 so that people in the State would be protected from ill effects of Noise as the Noise Pollution has reached an alarming level and has become a public health problem in the State.


Bombay High Court has also taken serious note of noise pollution due to loudspeakers, firecrackers, beating of drums and use of musical instruments during roadside processions etc. By its order of December 1995, and subsequent orders the Court has directed the State Government and Bombay Police not to allow use of loudspeaker that would cause noise pollution and violate the EP Act 1986 and the Rules on Noise 1989.  The court further directed the State Government that all the rules under various Acts including conformity with rules framed under EP Act 1986.


Surprisingly, Maharashtra Government while reviewing the timings in 1994 allowed loudspeakers upto 11:30 p.m. and in some cases upto 1 a.m. inspite of the fact that under the Environment Protection Act, the time limit is upto 9 p.m. only.




According to the Noise Pollution (Regulations and Control) Rules 2000, 

A LOUDSPEAKER OR A PUBLIC ADDRESS SYSTEM SHALL NOT BE USED AT NIGHT BETWEEN 10 P.M. TP 6 A.M. EXCEPT IN CLOSED PREMISES FOR COMMUNICATION WITHIN, for example AUDITORIA, CONFERENCE ROOMS, COMMUNITY HALLS AND BANQUET HALLS. FOR COMPLAINTS TO BE MADE THE NOISE LEVEL EXCEEDS THE AMBIENT NOISE STANDARDS BY 10 db OR MORE. COMPLAINTS CAN BE MADE TO AUTHOORITY. 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.

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