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Noise Pollution Rules:
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| Subject to the provisions
of the Rule 3 of the Noise Pollution (Regulation and Control)
Rules, 2000, 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 area.
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.
All development authorities, local bodies
and other concerned authorities while planning development
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.
An area comprising not less than 100 meters around hospital,
educational institutions and courts may be declared
as silence area/zone for the purpose of these rules.
Responsibility as to enforcement of
noise pollution control measures
The noise levels in any area/zones shall not exceed
the ambient air quality standards in respect of noise
as specified in the Schedule.
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.
Restriction on the use of loud speakers/public
address system
A loud speaker or a public address system shall not
be used except after obtaining written permission from
the authority.
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.
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 during night
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.
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: -
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| 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 performance of a nature
to attract crowds. |
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Complaints to be made to the authority
A person may, if the noise level exceeds the ambient noise
standards by 10 dB(A) or more given in the corresponding
columns in the ambient air quality standards in respect
of noise for different areas/zones, make a complaint to
the authority.
Power to prohibit etc. continuance of music sound or noise
If the authority is satisfied from the report of an officer
in charge of a police station or other information received
by him 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: -
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| (a) |
the incidence or continuance
in or upon any premises of - |
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| 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 system,
application or apparatus or contrivance which
is capable of producing or re-producing sound,
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| (b) |
the carrying on in
or upon, any premises of any trade, avocation or
operation or process resulting in or attended with
noise. |
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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 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.
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All
rights ® reserved, 2003-08. Pollution Control Board, Assam
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