The Noise Pollution (Regulation And Control) Rules, 2000
Published vide S.O. 123(E) dated 14.2.2000, published in the Gazette of India,
Ext., Pt. II, Section 3(ii), dated 14.2.2000.
10/536
In exercise of the powers conferred by clause (ii) of sub-section (2) of section 3,
sub-section (1) and clause (b) of sub-section (2) of section 6 and section 25 of
the Environment (Protection) Act, 1986 (29 of 1986) read with rule 5 of the
Environment (Protection) Rules, 1986, the Central Government hereby makes
the following rules for the regulation and control of noise producing and
generating sources, namely:-
1. Short title and commencement .-(1) These rules may be called The Noise
Pollution (Regulation and Control) Rules, 2000.
(2) They shall come into force into the date of their publication in the Official
Gazette.
2. Definitions .-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;
[(c) "authority" means and includes 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 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;]
[(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;]
[(g) "person" shall include any company or association or body of
individuals, whether incorporated or not;]
[(h)] "State Government" in relation to a Union territory means the
Administrator thereof appointed under article 239 of the Constitution.
3. Ambient air quality standards in respect of noise for different
areas/zones .-(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 [shall categorize] the area 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
the noise emanating from vehicular movements 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 [by the State Government] as silence
area/zone for the purpose of these rules.
[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).]
4. Responsibility as to enforcement of noise pollution control measures .-(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.
[(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.]
5. Restrictions on the use of loud speakers/public address system .-(1) A
loud speaker or a public address system shall not be used except after obtaining
written permission from the authority.
(2) A loud speaker or a public address system shall not be used at night
(between 10.00 p.m. to 6.00 a.m.) except in closed premises for communication
within, e.g.,auditoria, conference rooms, community halls and banquet halls.
[(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
notifed 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.]
6. Consequences of any violation in silence zone/area .-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.
7. Complaints to be made to the authority .-(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, 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.
8. Power to prohibit, etc., continuance of music sound or noise .-(1) If the
authority is satisfied from the report of an officer in charge of a police station or
other information received by him [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, public
address systems, appliance or apparatus or contrivance which is
capable of producing or re-producing sound, 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 [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.
SCHEDULE
[see rule 3(l) and 4(l)]
AMBIENT AIR QUALITY STANDARDS IN RESPECT OF NOISE
Area Category of Limits in dB(A) Leq
Code Area/Zone
Day Time Night Time
(A) Industrial area 75 70
(B) Commercial area 65 55
(C) Residential area 55 45
(D) Silence Zone 50 40
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.
[***]
4. Mixed categories of areas may be declared as one of the four above
mentioned 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.
The rules purport to regulate and control noise producing and generating
sources with the objective of maintaining the ambient air quality standard in
respect of noise. The rules want the State Government to categorize the areas
into industrial, commercial, residential or silence areas/zones for the purpose of
implementation of noise standards for different areas. They specify the ambient
air quality standards in respect of noise for different areas/zones. The State
Government should take measures for abatement of noise including noise
emanating from vehicular movements and ensure that the existing noise levels
do not exceed the ambient air quality standards specified under these Rules. An
area comprising of not less than 100 meters around hospitals, educational
institutions and courts, may be declared as silence area/zone for the purpose of
these Rules. The rules stipulate that a loudspeaker or a public address system
shall not be used except after obtaining written permission from the authority. It
shall not be used at night between 10.00 pm to 6.00 a.m. A person found
violating the provisions as to the maximum noise permissible in any particular
area shall be liable to be punished. The Police officer authorized to issue a
direction in regard to noise as per the noise pollution control rules is a Deputy
Superintend of Police (DySP). The District Magistrate and the District Police
Chief are the other officers responsible for maintaining the ambient standards of
noise as per the rules.
Section 2(a) of the Air (Prevention and Control of Pollution) Act, 1981 states
that noise is actually a part of air pollutant.
The system of the physical unit or the SI unit for measurement of noise is
decibel (dB). So to get a clear reference on the decibel scale we can look into a
few examples:
20 to 25 dB is a whisper, 30 dB is noise at a quiet home, 60 dB is a normal
conversation and 80 dB is the level of noise where it becomes physically
uncomfortable for people.
Moulana Mufti Syed vs State of West Bengal and ORS. 1998
In this case, there were certain restrictions imposed in the State of West Bengal
regarding the use of microphones. The restriction was that microphones cannot
be used from 9 p.m. to 7 a.m. and only public authorities can use microphones
in that time period.
The petitioners filed a writ application. The petitioners stated that azaan is part
of their religion and such restrictions are violating their Article 25 which allows
freedom of religion.
The court disposed of their petition and it stated that other people cannot be
forced to listen to such azaan and the following restriction is not violating their
Article 25 by any means and the police under the state of West Bengal were
directed to confiscate any microphone used before 7 a.m.
Ram Autar vs State of Uttar Pradesh, 1962
The appellant, in this case, used to sell vegetables. In the process of selling, he
used to auctions the price of vegetables which caused disruptions and nuisance.
This auctioning was used to be carried out in private but still, it caused
disruptions. The Court passed a restraining order in auctioning.
Later the Supreme Court repealed the orders and stated that under Section 133
of CrPC and stated that Section 133 was not made to stop such trade merely on
the ground of disruption and discomfort. Hence, the appellant was allowed.
In Kirori Mal Bishamber Dayal v The State, the accused/petitioner was
convicted and sentenced under Section 290 of Indian Penal Code, 1860 and was
fined Rs. 50 for causing noise and emitting smoke and vibrations by operating
heavy machinery in the residential area. The order of the trial court was upheld
by the District Magistrate in appeal. The High Court of Punjab & Haryana
upheld the decision of the courts below and dismissed the revision petition.
In Bhuban Ram and Ors. v Bibhuti Bhushan Biswas (AIR 1919 Calcutta
539), it was held that working of a paddy husking machine at night causes
nuisance by noise and the occupier was held liable to be punished under Section
290 IPC.
Citizen cannot be a captive listener of noise.
In Burrabazar Fireworks Dealers Association v Commissioner of Police,
Calcutta, it has been held that a citizen or people cannot be made a captive
listener to hear the tremendous sounds caused by bursting out from noisy
fireworks. It may give pleasure to one or two persons who burst it but others
have to be a captive listener whose fundamental rights guaranteed under Article
19 and other provisions of the Constitution are taken away, suspended and made
meaningless. Under Article 19, read with Article 21 of the Constitution of India,
the citizens have a right of decent environment and they have a right to live
peacefully, right to sleep at night and to have a right to leisure which are all
necessary under the Article 21 of the Indian Constitution. Impose strict
conditions for use of loudspeakers.
In Appa Rao, M.S. v Govt. of T.N., the Madras High Court (cited in the 2005
SC judgement, stated elsewhere in this write up) issued a writ of mandamus
directing State Government to impose strict conditions for issue of license for
the use of amplifiers and loudspeakers and for directing the Director-General,
Police (Law and Order) to impose total ban on use of horn type loudspeakers
and amplifiers and air horns of automobiles. Not to use loudspeakers to injure
others.
In P.A. Jacob v. The Superintendent of Police, the High Court of Kerala
said that the right to speech implies the right to silence. It implies freedom, not
to listen, and not to be forced to listen. A person can decline to read a
publication, or switch off a radio or a television set, but he cannot prevent the
sound from a loudspeaker reaching him. He could be forced to hear what he
wishes not to hear. That will be an invasion of his right to be let alone, to hear
what he wants to hear, or not to hear, what he does not wish to hear. The court
held that no one has a right to trespass on the mind or ear of another and commit
auricular or visual aggression. A loudspeaker is mechanical device. A person
cannot put his loudspeaker to any use he likes. He cannot use his machines to
injure others. Noise is a pollutant of environment.
In Free Legal Aid Cell Shri Sugan Chand Aggarwal alias Bhagatji v Govt.
of NCT of Delhi and Ors (AIR 2001 Delhi 455) it was held that pollution is
wrongful contamination of the environment and it causes material injury to the
right of an individual. Noise can well be regarded as a pollutant and it
contaminates environment, causes nuisance and affects the health of a person. It
would therefore, offend the Article 21 of the Constitution, if it exceeds the
reasonable limit. Directions of the SC in its 2005 judgement The Supreme court
in its judgement.
In Re: Noise Pollution - ... v Unknown delivered on 18 July, 2005 ordered the
following guidelines:- 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. No one shall beat a drum or tom-tom or blow a
trumpet 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 system shall not exceed by more than 5
dB(A) than the ambient air quality standard specified for the area in which it is
used, at the boundary of the private place. No vehicle 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 equipments as are found
to be creating noise beyond the permissible limits. NGT orders a fine of five
lakh for failure.
In the matter of Hardeep Singh & Others v SDMC & Others dated
12/02/2019 National Green Tribunal (NGT) orders that the authorities of Delhi
Government have failed to comply with the directions of the Green Tribunal
and therefore directed the Government to deposit a sum of Rs. 5 Lakhs with the
Central Pollution Control Board (CPCB) within a week and granted a month’s
time to the authorities to file a compliance report, for the failure of the statutory
authorities of the government in controlling the noise pollution as per statutory
mandate of the Noise Pollution (Regulation and Control) Rules 2000. The
application (OA No. 519 of 2016 before the Principal Bench of the NGT, New
Delhi) was filed alleging that there were use of DJ systems, music systems,
public address systems during weddings or other functions and noise was being
created at odd hours adversely affecting the health of the citizens. The Tribunal
through its previous order had directed the Chief Secretary, Delhi, the
Commissioner of Police, Delhi, and the Delhi Pollution Control Committee
(DPCC) to take steps for enforcing the directions of the Supreme Court with
regard to use of loudspeakers, control of vehicular noise and creation of
awareness. The Commissioner of Police was asked to nominate a DCP and the
Chief Secretary was asked to nominate a SDM and both had to meet once in
every week to take stock of the situation. They were directed to set up an
exclusive website and dedicated helpline, apart from other steps. The report
dated 14.01.2019 showed that neither helpline has been set up nor website has
been set up and nor weekly meetings were held, as required. That is why the
above order was issued. Following a National Green Tribunal order, Delhi
government has launched a website for people to register their grievances
related to noise pollution. Need to control religion related noise pollution
The Supreme Court in Church of God (Full Gospel) in India v K.K.R.
Majestic Colony Welfare Assn held that the Court may issue directions in
respect of controlling noise pollution even if such noise was a direct result of
and was connected with religious activities. The court held that no religion
prescribes that prayers should be performed by disturbing the peace of others
nor does it preach that they should be through voice amplifiers or beating of
drums and in a civilized society in the name of religion, activities which disturb
old or infirm persons, students or children having their sleep in the early hours
or during daytime or other persons carrying on other activities cannot be
permitted. The court held that young babies in the neighbourhood are also
entitled to enjoy their natural right of sleeping in a peaceful atmosphere and a
student preparing for his examination is entitled to concentrate on his studies
without there being any unnecessary disturbance by the neighbours. Similarly,
the old and the infirm are entitled to enjoy reasonable quietness during their
leisure hours without there being any nuisance of noise pollution and the rights
of the aged, sick, people afflicted with psychic disturbances as well as children
up to 6 years of age are also to be honoured.
The High Court of Kerala in K.R. Raveendran Pillai v Pastor Prince Koshy
on 27 July, 2015 ordered that the respondents, a theological seminary, carrying
on the prayers in a privately owned prayer hall, would be obliged to follow the
Supreme Court directions in regard to noise pollution in its 2005 judgement
scrupulously. Allahabad High Court’s recent order.
In a recent Judgement of Allahabad High court in Pushpa Sharma v State
of UP & 3 others (Writ (C) No. 1216 of 2019) delivered on 20.8.2019, the
High Court has given following guidelines to be followed by the state
government: i) The District Magistrate shall give adequate publicity in leading
newspapers regarding this direction and Rules, 2000. He shall notify the name
of the authority under the Rules, 2000 and his contact number. Detailed notice
shall be put up in the offices of Divisional Commissioners, District Magistrates,
District Court Premises, Police Stations, Municipal Corporation Offices,
Development Authorities Offices and prominent places of the city. (ii) A toll
free number shall be provided to the citizens to make the complaints. If a
loudspeaker, public address system, DJ, a Musical Instrument, a sound amplifier
or any sound producing instrument is used beyond the permissible limit of
sound, a person can make a complaint on telephone number 100 to police or toll
free number provided by the authorities. The concerned Police of the area will
immediately visit the spot and shall measure the noise level by the equipment
(Noise meter application) supplied to it. If it is found that there is violation of
Rules, 2000 it will stop the nuisance forthwith and shall inform the appropriate
authority regarding complaint and action taken by it. The authority shall take
action against offender in terms of Rule 7 of Rules, 2000. The name and identity
of the complainant shall not be disclosed to the wrong doer or to any person.
Under Rule 7 of Rules, 2000 an oral complaint can be made. All the complaints
received by the Police under Rule 7 of Rules, 2000 shall be maintained in a
register and a copy thereof shall be forwarded to the competent authority. The
action taken shall be recorded by the Police in the register. (iii) Under the Rules,
2000, no permission for DJ shall be granted by the authority for the reason that
noise generated by DJ is unpleasant and obnoxious level. Even if they are
operated at the minimum level of the sound it is beyond permissible limits
under the Schedule of the Rules, 2000. A DJ is made up of several amplifiers
and joint sound emitted by them is more than thousand dB (A). They are serious
threat to human health particularly children, senior citizens and patients
admitted in the hospitals. (iv) The team constituted by the District Magistrate
shall make regular visit of their area particularly before commencement of any
festival and apprise the organizers regarding compliance of the Rules, 2000 and
the directions of Supreme Court and this Court. (v) All places of the worship of
all religion shall be bound by the provisions of the Rules, 2000 and directions
issued by the Supreme Court and this Court. Any breach of the Rules, 2000
shall be treated to be violation of fundamental right of a citizen. (vi) The
District Magistrate/ Senior Superintendent of Police shall convene a meeting
before commencement of festivals like Dussehera/ Durga Puja, Holi, Shab-e-
barat, Muharram, Easter and Christmas festival with organizers and
representatives of civil society, to impress upon them to observe the law strictly
and in the event of failure the legal consequences that may follow. (vii)
Whoever fails to comply with or contravenes any of the provisions of Noise
Pollution Rules shall be liable for a penalty in terms of section 15 of the
Environment (Protection) Act, 1986. Non-compliance of the rules attracts the
imprisonment for a term which may extend to five years and fine which may
extend to Rs.1,00,000/-. It is the duty of the authorities of the State to ensure
that the offences under Section 15 of the Environment Protection Act are duly
registered. (viii) The State Government is directed to categorize the areas in all
the cities of State into industrial, commercial, residential or silence areas/zones
for the purpose of implementation of the noise standard in terms of Rule 3 (2) of
Rules, 2000. A fresh exercise be conducted in the light of definition provided
under Rule 2 (e) and (f) of Rules, 2000. We find that in Prayagraj the zones
have been made in breach of the above mentioned Rules. (ix) The competent
authority under the Rules, 2000 and the SHO /Inspector of concerned Police
Station are charged personally with the duty of ensuring compliance of the order
of the Supreme Court, extracted above, the Rules, 2000 and this order, failing
which they shall be answerable to this Court in contempt jurisdiction. We grant
liberty to any aggrieved person to approach this court for appropriate order for
compliance of the above order/directions. Difficulty in reducing noise pollution
In India, the issue of noise pollution has not been taken so far with that
seriousness as it ought to have been. There is a lack of will on the part of the
Executive wing of the government to implement the laws. This has contributed
to the lack of infrastructure essential for attaining the enforcement of laws. In
addition, there is lack of requisite awareness on the part of the citizens as well.
The deleterious effects of noise pollution are not well known to the people and
are not immediately perceptible. People generally accept noise pollution as a
part of their life or as a necessary consequence of progress and prosperity. The
Statutes and the Rules framed are not comprehensive enough to deal with all the
problems and issues related to the ever-growing malady of noise pollution. The
authorities responsible for implementing the laws have not yet been specifically
identified. Those, which have been designated, do not seem to be specialised in
the task of regulating noise pollution. There is dearth of necessary personnel
technically qualified to act effectively. What is really needed is a combination
of technically qualified and administratively competent personnel to implement
the laws. Inadequacy of proper gadgets and equipments for measuring noise
level and other infrastructure such as laboratories for measuring the noise levels
is yet another issue. Due to the shortage of instruments, the policemen on the
job end up in measuring sound with their ears. Specific law needed to control
noise pollution A specific and comprehensive legislation is needed to control
and prevent noise pollution. The laws now in force are not adequate. What we
need is simple, specific, and detailed legislation dealing with several aspects
relating to noise pollution and its control measures. There is an equal need for
developing proper mechanisms and infrastructure for enforcement of the
existing laws. Those who are enforcing the laws must be trained in dealing with
the menace and equipped with the requisite equipment’s such as audio meters
for detecting the level of noise pollution. Above all, there is need for creating
general awareness towards the hazardous effects of noise pollution. The people
generally lack consciousness of the ill effects of noise pollution and the benefits
of noise free environment. Similar awareness needs to be created in police force
and civil administration. On the one hand the use of loudspeakers and hi-fi
amplifier systems has to be regulated, on the other the playing of high sound
instruments like drums, tom-toms, trumpets, bugles etc need to be regulated.
The law enforcing agencies must be equipped with sound level measuring
meters. Loudspeakers and amplifiers or other equipments or gadgets which
produce offending noise once detected as violating the law, should be liable to
be seized and confiscated by making provision in the law in that behalf.
Central Pollution Control Board has listed fines for the violation of noise
pollution norms, including the use of loudspeakers or public addresses that can
result in a fine of Rs 10,000.
The noise level at the boundary of the public place, where a
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.
The rules also state that a loudspeaker or a public address system
shall not be used except after obtaining written permission from the
designated authority.
Exemption: The state government can provide exemption during
any cultural or religious festive occasion of a limited duration not
exceeding 15 days in all during a calendar year
The latest 2018 World Health Organization (WHO) guidelines
established a health-protective recommendation for road traffic noise
levels of 53 dB.
noise standards for motor vehicles, air-conditioners,
refrigerators, diesel generators and certain types of construction
equipment are prescribed under the Environment (Protection) Rules,
1986.
Noise emanating from industry is regulated by State Pollution
Control Boards / Pollution Control Committees (SPCBs / PCCs) for
states / Union territories under the Air (Prevention and Control of
Pollution) Act, 1981.
Fines for violation of noise pollution rules
Under the new system of fines, a violation of norms over the use of
loudspeakers / public address systems, for instance, can result in the
confiscation of equipment and a fine of Rs 10,000.
Similarly, violating noise pollution norms over the use of diesel generator
sets can result in sealing of the sets and a fine between Rs 10,000 and Rs
100,000 depending on the size of the set.
Violations in cases of sound-emitting construction equipment can result
in a fine of Rs 50,000 and its seizure or sealing.