Notes

1. NOISE POLLUTION CONTROL ORDER, 2000
TARUN SHARMA
ASSISTANT PROFESSOR
DME LAW SCHOOL
UNIT II
PREVENTION & CONTROL OF WATER,
AIR, NOISE & LAND POLLUTION

2. WHAT IS NOISE?
The word noise is derived from the Latin word ‘Nausea’, which means
sickness in which one feels the need to vomit. Noise is an unpleasant
and undesirable sound that leads to discomfort in human beings.
The intensity of sound is measured in decibels (dB)
The expression “noise” has not been defined statutorily. However, the
expression “noise” was inserted into the Air (Prevention & Control of
Pollution) Act, 1981 by the Amendment Act.
Merriam-Webster: any sound that is undesired or interferes with one's
hearing of something
Cambridge Dictionary: a sound or sounds, especially when it is
unwanted, unpleasant, or loud

3. Noise pollution, or sound pollution, is the propagation of
noise or sound with ranging impacts on the activity of human
or animal life, most of which are harmful to a degree.
DEFINITION OF NOISE POLLUTION
EFFECTS OF NOISE POLLUTION ON HUMAN HEALTH
Noise pollution can be hazardous to human health in the following ways:
•Hypertension: It is a direct result of noise pollution which is caused due to
elevated blood levels for a longer duration.
•Hearing loss: Constant exposure of human ears to loud noise that are beyond
the range of sound that human ears can withstand damages the eardrums,
resulting in loss of hearing.
•Sleeping disorders: Lack of sleep might result in fatigue and low energy level
throughout the day affecting everyday activities. Noise pollution hampers the
sleep cycles leading to irritation and an uncomfortable state of mind.
•Cardiovascular issues: Heart-related problems such as blood pressure level,
stress and cardiovascular diseases might come up in a normal person and a
person suffering from any of these diseases might feel a sudden shoot up in the
level.

4. TYPES OF NOISE POLLUTION

9. INTRODUCTION TO NOISE POLLUTION
CONTROL ORDER, 2000
The Noise Pollution (Control and Regulation) Rules, 2000 is an important piece of
legislation in India that was enacted to control and regulate noise pollution in
various parts of the country. Noise pollution is the excessive, disturbing, or
unwanted sound that can have adverse effects on human health and the
environment. To address this issue, the government of India introduced the
Noise Pollution Control and Regulation Rules in the year 2000. These rules are
commonly referred to as the "Noise Pollution Control Order, 2000.“
Here is an introduction to the Noise Pollution Control Order, 2000:
 Objective: The primary objective of this order is to control and regulate
noise pollution in different areas, including residential, commercial, and
industrial zones. The aim is to protect human health and maintain the
tranquility of the environment.
 Scope: The Noise Pollution Control Order, 2000, applies to all urban and rural
areas across India. It covers a wide range of noise sources, including
industrial processes, construction activities, vehicular traffic, and public
events.

10.  Noise Standards: The order sets specific noise level standards for
different zones and time periods. These standards vary for residential,
commercial, industrial, and silence zones, as well as for daytime and
nighttime hours. The permissible noise levels are lower during
nighttime to ensure peace and quiet for residents.
 Prohibitions: The order prohibits the use of loudspeakers or public
address systems during night time (10:00 PM to 6:00 AM) in residential
areas. It also restricts the use of horns and other sound-emitting
devices on vehicles in residential areas.
 Regulatory Authorities: The order designates authorities responsible
for implementing and enforcing noise pollution control measures.
These authorities have the power to take actions against violators,
including fines and equipment confiscation.
 Public Awareness: The Noise Pollution Control Order, 2000, emphasizes
the importance of public awareness and participation in noise control
efforts. It encourages citizens to report violations and contribute to
maintaining a quieter environment.

11.  Penalties: Violating the provisions of the order can lead to
penalties, which may include fines or imprisonment,
depending on the severity of the offense. These penalties
are meant to discourage noise pollution and promote
compliance.
 Exemptions: Certain activities and events may be exempt
from these noise control rules if they are conducted in
designated areas or with specific permits. However, these
exemptions are subject to conditions and limitations.

12. IMPORTANT DEFINITIONS
Rule 2:-
(b): area/zone
(c): Authority
(e): Educational Institutions
(f): Hospitals
(i): Public Places
(j): Night Time

13. IMPORTANT PROVISIONS
Rule 3: Ambient Air Quality standards in respect of noise
for different areas/zones
• Ambient Air quality standards is to be notified for different areas in
the Schedule
• The state government shall categories the areas into
– Industrial
– Commercial
– Residential
– Silent Zones
• The state Government shall take measures for abetment of noise
which emanating from
– Vehicular Movements
– Fire crackers
– Use of loud speakers
– Sound producing instruments
• The state Government shall ensure that the existing noise levels do
not exceed the ambient air quality

14. • All development authorities while planning development activities shall
take into account the aspect of Noise pollution
• An area not less than 100 meters around
– Hospital
– Educational Institutions
– Courts
May be declared by the state government as silence area/ zone
It should be notified by the state government
Rule 5: Restrictions on the use of loud speakers/ Public Address
system(and sound producing instruments)
• Shall be used only after taking due written permission from the
authorities
• It should not be used at Night, except for used in closed premises for
communication within, like auditoria, conference rooms, community
halls or during a public emergency.
• In some exceptional circumstances, the state government may permit
use of loudspeakers or public address systems between 10:00 pm to
12:00 am or during any cultural or religious festivals not longer than 15
days

15. – For such exceptions, the state government can imply certain terms
and conditions which has to be followed and in advance, it has to
specify the number of days for which such exemption is allowed
• The noise level at the boundary of the public place where loudspeakers
or public address system is used shall not be more than 10dB above the
ambient noise standard or above 75dB which ever is lower
• The peripheral noise level of a privately owned sound system or
instrument shall not be more than 5dB above the ambient noise
standards for that area
Rule 7: Complaint to be made to the authority
• If the noise level exceeds the ambient noise standards by 10dB or more
than the limit set in their respective area
• A complaint can be made to the authority (Rule 2(c))
• Authority shall take action against the violator in accordance with the
provisions of these rules and any other law in force

16. Rule 8: Power to Prohibit etc. continuance of music sound or noise
• If the authority is satisfied with the report from an officer in charge of
the police station or on any other information received by him
• That there is a necessity to prevent
– Annoyance, disturbance, discomfort
– Or injury or risk thereof, to public or to any person living there
• By a written order, the authority can issue such direction as it may
consider necessary to any person for Preventing, prohibiting,
controlling, or regulating :
– Incidence or continuance of
• Any vocal or instrumental music
• Sounds caused by Playing, Beating, Clasing, Blowing
• Use of loudspeaker or Public address systems
• Sound cause by busting of fire crackers
• Carrying on of any trade, avocation or operation or process
resulting in noise
• Authority can either rescind, modify or alter the order
• Audi Alteram Partem

17. CASES
 Maulana Mufti Syed Md Noorur Rehman Barkati & Ors v/s. State of
Bengal and Ors. (AIR 1999 Cal 15)
Calcutta HC observed that use of microphone is of recent origin and
accordingly it could not be said that the use of microphone and
loudspeakers are essential and integral part of the religion.
The court further held that use of loudspeakers and microphones in
Azaan is not essential and integral part of any religion hence there is
no violation of right to religion guaranteed under Article 25 of the
Constitution of India.
 Church of God in India v/s. K K R Majestic Colony Welfare Association
& Ors. (AIR 2000 SC 2773)
SC held that no religion prescribes that prayers should be performed
by disturbing the peace of others. The question involved in this case
was whether in a country having multiple religious communities a
religious community could claim its right to add to noise pollution on
the ground of religion.

18.  Om Biramgama Religious Society v/s. State (1996)
Calcutta HC held that freedom of speech and expression guaranteed
under Article 19(1)(a) of the Constitution of India essentially includes
freedom not to listen and/or to remain silent. One cannot be
permitted to exercise his fundamental right at the cost of others’
health or well being. In the present case the sub-divisional officer
rightly directed the petitioner/society not to use any microphone
while performing the pooja and other religious activities.
 Forum for the Prevention of Environment and Sound
Pollution v/s. Union of India (2006)
SC held that prohibition on use of loudspeaker or public system
between 10-00 pm to 12 midnight is not invalid or unconstitutional.

19.  S K Ikram Sheikh Israil v/s. State of Maharashtra (2007 4
SCC 217)
In this case appellants carrying out manufacturing of brass utensils was
causing noise pollution affecting the schools and the people of the
area. As a result notice to the appellant was issued by the SP directing
appellants to stop their activities/business. Before the SC, appellants
submitted that they should be given an opportunity to reduce the
noise level and take remedial measures.
The SC ruled that in these circumstances, appellants were directed to
submit a concrete proposal before the authorities concerned stating
how they would stick to the norms.