THE NOISE POLLUTION (REGULATION AND CONTROL)
RULES, 2000
CONTENTS
MISCELLANEOUS
1. Short title and commencement
2. Definitions
3. Ambient air quality standards in respect of noise for different
areas/zones
4. Responsibility as to enforcement of noise pollution control
measures
5. Restrictions on the use of loud speakers/public address system
6. Consequences of any violation in silence zone/area
7. Complaints to be made to the authority
8. Power to prohibit etc. continuance of music sound or noise
Schedule
Synopsis
THE NOISE POLLUTION (REGULATION AND CONTROL)
RULES, 2000
S.O. 123 (E), dated 14th February, 2000.1-Wheareas the increasing
ambient noise levels in public places from various sources, inter-alia,
industrial activity, construction activity, generator sets, loud
speakers, public address terms, music systems, vehicular horns
and other mechanical devices have mysterious effects on human
health and the psychological well being of the people; it is considered
necessary to regulate and control noise producing and venerating
sources with the objective of maintaining the ambient air quality
standards in respect of noise.
1. Published in the Gazette of India, Extraordinary, Pt.II, Sec.
3 (ii) dated 14th February, 2000.
Now, therefore, in exercise of the powers conferred by Cl. (ii)
of sub-section (2) of Sec. 3, sub-section (1) and Cl. (b) of sub-section
(2) of Sec. 6 and Sec. 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 rifles 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.
2. Definitions. - In these rules, unless the context otlier7oise
requires,-
(a) “Act” means the Environment (Protection) Act,
1986 (29 of 1986);
(b) “Area/zone” means all areas which fall in either
of the of four categories given in the Schedule annexed to these
rules;
(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 arm other officer designated for the maintenance
o the ambient air quality standards in respect of noise under
any law for the time being in force;
(d) “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;'
(e) “State Government” in relation to a Union territory
means the Administrator thereof appointed under Art. 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 different
areas/ zones shall be such as specified in the Schedule annexed
to these rules.
(2) The State Government may 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 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 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 meters around hospitals,
educational institutions and courts may be declared as silence
area/zone for the purpose of these rules.
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.
5. Restrictions on the use of loud speakers/public address system.
–
(l) A loudspeaker 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, conference
rooms, community halls and banquet halls.
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 rises 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 11) 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 that it is necessary to do so in order to prevent annoyance,
disturbance, discomfort or injury risk of annoyance, disturbance,
discomfort or injury to the public or any person who dwell or
occupy property on the vicinity, he may, by 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 premise 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 oil
its own motion, or on the application of any person aggrieved
by an order made tinder 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 if either in person or by a person representing
him and showing cause against the order and shall, if it reflects
any such application either wholly or in part, record its reasons
for such rejection.
SCHEDULE
(See rule 3 (1) and 4 (1)
Ambient Air Quality standards in respect of Noise
Area Code
Category of Area/Zone
Limits in dB(A) Leq*
Day Time Night Time
(A)
(B)
(C)
(D)
Industrial area Commercial area Residential area
Silence Zone
75 70
65 55
55 45
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.
3. Silence zone is defined as an area comprising not less than
100 meters around hospitals, educational institutions and courts.
The silence zones are zones, which are declared as such by the
competent authority.
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.
SYNOPSIS
1. General … 1324
2. The noise nuisance … 1324
3. Noise and psychology … 1325
4. Concept of noise pollution … 1325
5. Combating the smog and noise in cities … 1326
6. Measurement of the intensity of sound … 1326
7. Sources of noise pollution … 1328
(i) Noise limits for domestic appliances
(ii) Noise due to loud speakers
(iii) Noise due to bursting of crackers
(iv) Noise due to vehicles
(v) Noise due to trains
(vii) Noise due to aircrafts
(vii) Noise due to projection of satellites into space
(viii) Noise from construction and civil engineering works
(ix) Noise from industries
8. Control and abatement … 1333
9. Impact on environment … 1334
10. Effects- … 1334
(i) Effects of noise interference with people’s life
(ii) Effects on other animals and other living things
(iii) Effects on non-living things
11. Statutory provisions of noise pollution … 1338
(i) Constitution of India and Noise Control
(ii) Law of Torts and Noise Control
(iii) Indian Penal Code and Noise Control
(iv) Criminal Procedure Code and Noise Control
(v) Police Act, 1861 and Noise Control
(vi) Railways Act, 1890 and Noise Control
(vii) Aircraft Act, 1934 and Noise Control
(viii) Motor Vehicles Act and Noise
(ix) Factories Act, 1948 and Noise Control
(x) The Air (Prevention and Control of Pollution) Act, 1981 and
Noise Control
1. General. -Noise is unwanted sound. Ambient noise is all encompassing
noise associated with any given environment and is usually a composite
of sounds from many sources near and far. Any abnormal sound which
irritates human being is called as noise pollution.
Noise is one of the undesirable products of technological civilization.
Admits this civilization, whereever we go, noise surrounds us.
The roar of traffic, the passage of trains and aeroplanes, the
bustle of crowds and the working of industry and the public utilities
deafens our ears. Even home is invaded by noise. The noise from
whatever source it comes from is undoubtedly, physiologically
as well as psychologically harmful. Invading environment in dangerous
proportions, it is an invisible but insidious form of pollutant
Noise as a potentially harmful pollutant is being recognised as
a great nuisance these days affecting the quality of life, particularly,
in urban areas.
The Environment (Protection) Act, 1986, under Sec. 6 has mentioned
“Rules to regulate environmental pollution”. This
section has explained the maximum allowable limits of concentrations
of various environmental pollutants (including noise) for different
areas.
2. The noise nuisance. -Noise is not only a nuisance; it is a
health hazard, Indians who have the dubious distinction of being
amongst the noisiest people in the world-are deaf to this fact.
Addressing the Indian Science Congress' annual convention in
January 1981, its president, Prof. A.K. Sharma, said, “in
the absence of any preventive measures, Indian towns are noiser
than those in the West. Calcutta, Bombay and Delhi are regarded
to be among the noisiest cities in the world, where the average
noise level even 10 years back was 90 decibels. (Decibels is a
unit of noise on a logarithmic scale.)”
In addition to factories, automobiles, trains and aeroplanes,
religious and social ceremonies are also a noise nuisance. “Perhaps
the most important source of noise of immediate concern in our
country, is that associated with the social and religious ecstasies
patterned by us notes a study made by SOCLEEN. A noise level survey
bv-SOCLEEN in the most crowded localities of Bombay during the
Ganpati-festival in 1980, found levels upto 97 decibels. The noise
level at airports measures about 90 decibels”.
Loudspeakers are a big way of expressing mutual favour in India.
Births, marriages, deaths, all appear to e apt occasions for their
use. “Loudspeakers wars” between temple and mosques
are known to have sparked communal riots.
Prolonged exposure to noise levels about 90 decibels can cause
permanent deafness-factory workers show neurological, digestive
and metabolical disorders under such conditions. Researchers claim
that if present noise levels continue unchecked, further generations
may be born deaf.
In the West, noise pollution is checked by legislation. In India,
we do not have any law regarding noise levels. Says Dr. V.D. Kulsreshtha
of the Indian Law Institute at New Delhi. “A separate legislation
in India to control noise sources is extremely significant and
timely”. But no amount to legislation will help, unless
we are convinced that noise is a menace and take steps to curb
it.
3. Noise and psychology. -The most common and best-understood
physiological effect of noise is hearing impairment-either temporary
or permanent. The amount of permanent hearing loss produced by
sufficient exposure to high-level noise depends on the nurture
of the noise, the time distribution of Particular exposures, the
total duration of the exposure over a lifetime, and individual
susceptibility. For essentially continuous types of noise, such
as that in many factories, enough research has been done to permit
some statistical prediction of the risk of hearing damage. More
research is needed, however, to predict damage, which results
from noise of a discontinuous nature.
Noise is known to produce various temporary changes in man's
physiological state, in particular a construction of the smaller
arteries. This can mean a speeded up pulse and respiration rate.
Some medical authorities believe that continued exposure to loud
noised could cause chronic effects such as hypertension or ulcers.
Startling noises elicit in voluntary muscular responses. Research
is still necessary to permit quantitative prediction and understanding
of the extra-auditory physiological impact of noise.
4. Concept of noise pollution. -The word noise which is derived
from the Latin word ‘nausea’, has been defined in
different ways. In law, noise may be defined as an excessive,
offensive, tent or startling sound. In short, the best definition
of noise is 'sound which is undesirable-by the recipient'. This
subjective definition of noise differs from the scientific description
of noise. An objective definition of noise coupled with measure
and assessment techniques is yet to be drawn up by the law.
A legally significant objective definition of noise is a complex
and difficult to discern, for noise is not purely a matter of
acoustics but of psychology. Subjective factors such as mental
attitude, environment, time and place, etc., are important in
the determination of actionable noise, which differ and are hard
to quantify. The law cannot take into account every unwanted noise.
On the oth6r hand, any sound, which becomes excessive, unnecessary
or unreasonable, has to be put under regulation in order to shield
public against unbearable and harmful noise or for its cessation.
Scientific methods to that extent may be useful in determining
situations where noise steps out from its background and becomes
actionable.
Noise becomes a pollutant when it contaminates the environment,
which becomes a nuisance and affects the health of persons their
activities and mental abilities. In other words, noise pollution
is unwanted sound which is dumped into the atmosphere without
regarding to the adverse effects it may be having.
Noise though not defined in any statute, but it now included
as an environmental pollutant in Section (a) of the Air (Prevention
and Control of Pollution) Act, 1981 and hence, recognised as a
kind of air pollution.
TABLE
Ambient Air Quality Standards in respect of Noise
Area Code
Category of Area/Zone
Limits in dB(A) Leq*
Day Time Night Time
(A)
(B)
(C)
(D)
Industrial Area
Commercial
Area Residential
Area Silence Zone
75 70
65 55
55 45
50 40
Note: -
1. Day Time shall mean from 6.00 a.m. to 10.00 p.m. (16 hours)
2. Night Time shall mean from 10-00 p.m. to 6.00 a.m. (8 hours)
3. Silence zone is defined as an area comprising not less than
100 meters around hospitals, educational institutions and Courts.
The silence zones are zones, which are declared as such by the
competent authority.
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.
5. Combating the smog and noise in cities.1-The pollution caused
by the explosion in the number of automobiles in cities can be
reduced by upgrading the quality of Indian fuel, enforcing higher
emission standards and regulating traffic, write DILIP BISWAS,
Chairman, and S.A. DUTTA, Scientist, of the Central Pollution
Control Board.
In the last two decades the urban population in India has nearly
doubled, from 109.5 million in 1971 to 217.0 million 1991 and
it is expected to reach 325 million by the turn of the century.
With the increasing urbanisation along with a conglomeration of
industries and commercial activities in the urban areas, the transport
demand has also consequently increased. Due to an inadequate public
transport system, the use of personalised vehicles has been steadily
increasing. The total number of vehicles has been steadily increasing.
The total number of vehicles in India has increased from about
11 million in 1986 to more than 21 million in 1991. About one
fifth of the vehicular population in India is concentrated in
the major majoropolitan cities.
1. Vide the Hindu Survey of the Environment, 1994, pp .41, 42,
43 and 44.
6. Measurement of the intensity of sound.1-The ISO (International
Organization for Standardization) defines noise intensity level
as:
L- = 20 log10 p/p0 = 10 log I/Io
Where p equals the measured sonar pressure level given in N/m2
I equal the measured intensity of sound given in W/m2;
P0 equals the pressure level at the limit of audibility for the
normal ear when the frequency of emission is 1000 cycles per sound.
Io equals the intensity of sound at the limit of audibility for
the normal ear when the frequency of emission is 1000 cycles per
second.
The relationship between sound pressure, sound intensity and
intensity level is given as follows :
Sound pressure
N/M2
Intensity W/M2
Intensity level
Decibels (dB)
2 x 10-5
2 x 10-4
2 x 10-3
2 x 10-2
2 x 10-1
2 x (2 x 100) 20(2 x 101) 200 (2 x 102)
10-12
10-10
10-8
10-6
10-4
10-2
1 (100)
l00 (102)
0
20
40
60
80
100
120
140
1. Vide India's Environment (Health), 1984-85.
TABLE
Weighted sound levels and human response
Sound Source
dB(A)*
Response Criteria
Carrier Deck Jet Operation
____
150
Painfully Loud
Jet Takeoff (200 feet)
____
140
Limit Amplified Speech
Discotheque, Auto horn (3 feet)
____
130
may Maximum Vocal Effort
Riveting Machine
120
Very Annoying
Jet takeoff (2000 feet)
Hearing Damage (8 hours)
Shout (0.5) feet
110
Annoying
N.Y. Subway Station
____
100
Telephone use difficult Intrusive
Heavy Truck (50 feet)
____
90
Quiet
Pneumatic Drill (50 feet)
____
80
Very Quiet
Freight Train (50 feet)
____
70
Just Audible
Freeway Traffic (50 feet)
____
60
Threshold of Hearing
Air Conditioning Unit (20 feet Light Auto Traffic (50 feet)
____
50
Living Room
____
40
Bedroom
30
Library
20
Soft Whisper (15 feet)
10
Broadcasting Studio
0
*Typical A-Weighted sound levels taken with a sound-level metre
and expressed as decibels on the scale. The “A” scale
approximates the frequency response of the human ear. Source :
Department of Transportation
7. Sources of noise pollution. -The following are the possible
sources of noise
TABLE
(i) Noise limits for domestic appliances
Domestics appliances
Limits in dB (A)
Sound pressure
Level at one metre
Distance from the
Operating appliance
(a) Window Air conditioners of 1 Ton to1.5 Ton
68
(b) Air Coolers
60
(c) Refrigerators
46
Apart from above sources, crowding with the increase of population
and urbanisation, community activities such as political and public
meetings religious functions, weddings, festivals, etc., have
been contributory factors in rising environmental noise pollution.
(ii) Noise due to loud speakers.-Extensive and common use of
loud speakers whether for political meetings, marriages, religious
functions, musical nights, advertising, etc., are most disturbing
source of noise to the urban dwellers in particular. Though the
use of loud speakers is governed by administrative restrictions
and some laws but their widespread use remains continuing, as
the restrictions and the laws are not seriously imposed. If loud
horns are used near hospital zones, they disturb the patients
and also doctors at serious operations. Loud horn noises in school
zones, create disturbance in teaching work.
Statutory Control on loud speakers. -
(i) The permitted strength of the power amplifier should be adjusted
to cover the audience, and noise level beyond the boundary limit
of the noise source premises should not be increased by more than
5 dB above the ambient noise level.
(ii) Licence must be obtained by all parties intending to use
loud speakers or public system for any other occasion.
(iii) Public address system and loud speakers should not be used
at night between 9.00 p.m. to 6.00 a.m. except in closed premises.
(iv) Loud speakers should be directed at the audience and not
away from audience (i.e., not towards the neighborhood).
(v) Loud speakers should not be allowed for advertisement and
commercial activities.
(iii) Noise due to bursting of crackers. -
(a) Manufacture and sale of crackers having an impulsive noise
of more than 90 dB at 5 meters distance from the site of bursting
should be banned.
(b) Manufacture and bursting, of joined crackers should be banned.
(c) Bursting of crackers during night between 9.00 p.m. to 6.00
a.m. should be banned.
(d) Bursting of crackers should be permitted only during public
festivals.
Source: Annual Report of Central Pollution Control Board (1989-90)
at p. 47-48.
(iv) Noise due to vehicles. -The noises from individual vehicles
includes
(1) Noise from engine, transmission.
(ii) Exhaust noise.
(iii) Noise due to slamming of car doors.
(iv) Use of horns.
The noises from Engine and transmission depend upon the support
used for moving parts. Good quality has more efficient and elaborate
system for dampehting noises. Considerable improvements are being
made to improve the mounting systems even in chapter vehicle.
Exhaust noises have been brought under control to maximum extent
by using efficient silencing system, which also do not effect
the power out put of the engine. Prosecution, in Great for excessive
noise from exhaust system does occur but seem somewhat illogical,
as it being only the subjective judgment of the policeman.
The noise due to closures of car doors is intense, but intermittent.
This noise disturbs the sleep. This problem can only be solved
at the design stage. This is only possible by enforcing legislation
on motor manufactures to produce noiseless door shutting devices.
The motor cars are fitted with horns, to attract the attention
of other movers. These horns when not used in proper way produce
appreciable nuisance.
The table shows the relative noise of vehicle type. The tests
are carried by the Motor Industry Research Association, using
Test procedure as prescribed in BS 3425 (1965).
Luxary Limousine
77 dB
Small passenger car
79 dB
Miniature passenger car
84 dB
Sports car
91 dB
Motor-cycle (2 cylinder 4 stroke)
94 dB
Motor scooter (1-cylinder-2-stroke)
80 dB
The difference between the noise level of a standard small passenger
car and a sports car is no less than 12 dB, which means the sports
car is roughly 15 times more noisy than the saloon car. Motor
cycles, with their exposed engines and inadequate silencing arrangements,
are notorious noise producers, with a sound level roughly 30 times
higher than that of a saloon car. Motor scooters, on the other
hand, only produce the same noise as a motor car.
It is debatable whether there is any longer room on modern roads
for fast motor-cycles and sports cars, which not only contribute
excessive noise to the environment, but also figure prominently
in road accidents. it can be argued with objective justification
that these vehicles should be used only on enclosed race tracks,
and not on the congested public highway.
TABLE
Noise Limits for Automobiles at Manufacturing Stage
(Achieved by the Year 1992)
Categories of automobiles
Limits in dB (A)
(a) Motorcycle, scooters and three-wheelers
80
(b) Passenger cars
82
(c) Passenger or commercial vehicles of up to 4 MT
85
(d) Passenger or commercial vehicles of above 4 MT and up to 12
MT
89
(e) Passenger or commercial vehicles exceeding 12 MT
91
It is worthwhile to emphasise here that the Air Act is not an
adequate legislation to prevent and control the noise pollution.
The Act suffers from inherent shortcomings and the standards for
control of noise pollution thereunder remain unimplemented in
the paucity of effective control mechanism.
(v) Noise due to trains. -Noise from steam engines fast trains
and railway operations has been a cause of great concern as the
impact of the noise produced has been reported to be maximum in
those areas where railway tracks pass through residential areas.
The community response is denunciatory of the annoying noise and
disturbing vibration emitted by the fast moving trains.
Railway noise is less annoying than aircraft traffic noise of
equivalent noise level at least an L.A. eq. 24 hr of 50 to 65
dB. Further, it is an annoyance to a given observer as an incident
event and when the train has passed the point, the ambient sound
level is restored. These facts by themselves, do not mean that
the noise control be ignored. On the other hand, in view of the
increasing speeds and frequencies of the railway services, the
community/ public needs protective attention from the point of
noise control.
(vi) Noise due to aircrafts. -This source of noise pollution
has been increasing steadily during recent years and, especially
close to international airports, already constitutes a very serious
problem. This problem has mainly arisen because of the widespread
use of heavy long-range jet aircraft. Noise made by jet planes
is intrinsically more disturbing than that of propeller driven
aircraft because it is of far higher pitch. jet noise is caused
by the violent mixing of the jet of gases from the engine with
the surrounding air, it is at a maximum during take-off when the
engine must deliver maximum thrust, and falls away rapidly as
the aircraft climbs. During landing, the main source of high-frequency
noise is the whine of the air compressor and turbine blades at
the engine is throttled back. Aircraft pass close to the ground
for quite a distance during the landing operation and this noise
often constitutes a more sustained environmental nuisance than
the intense noise of shorter duration produced during take-off.
Military aircraft often cause annoyance in areas away from airfields
because they have to be flown at low altitudes as part of normal
training procedures. Little can be done about this national defence-even
in peacetime-will always take priority.
The fast growth of air traffic, the invention of supersonic aircrafts
and devices employed to scare birds have contributed to the creation
of aircraft noise. Aircraft generate, generally unbearable roar
during take offs and landings. Aircraft noise is obstructive,
persistent and unpleasant besides being a serious health hazard
for the communities living in neighborhood of airports.
Aircraft precautions. -
(a) Aerodrome should be- located away from the city and growth
of the city should not be allowed to extend up to the aerodrome.
(b) Aeroplanes should take off in direction radically away from
the city.
(c) During boarding and unboarding operations, the plane should
be sufficiently away from the airport buildings.
(d) Night-time operations of the aircraft should be minimised.
(e) During maintenance and repairs of the aeroplane workers should
use ear puffs.
Portable silencers should be used in the plane intake as well
as exhaust during idling period at the air craft.
(vii) Noise due to projection of satellites into space. -The
launching of satellites, a regular space activity these days,
has now come to be recognised as a new source of air and noise
pollution. Lifting of satellite with the aid of high explosive
rockets produce deafening noise.
(viii) Noise from construction and civil engineering works.-Noise
from construction sites is generally far worse than noise originating
from factories. There are two main reasons for this. One is that
wherever construction takes place like erection of roads, bridges
and buildings noise emissions levels are higher. The other is
that civil engineering equipment is inherently noisy. The worst
of these pieces of equipment, from the noise generation point
of view, are the following: -
Equipment
Noise levels t15m.
Tractor-scraper
93 dB
Rock drill
87 dB
Unmuffled concrete breaker
85 dB
Hand-held tree saw
82 dB
Large rotary diesel compressor
80 dB
11/2 tonne dumper truck Diesel
75 dB
concrete mixer
75 dB
In the era of fast urbanization of buildings and roads, the demolition
and the repair activities along with the huge machines used for
the purposes create a great deal of noise to the annoyance of
the people living near the sites of construction. Hence such works
are also a potential source of noise pollution.
Precautions in Construction Activities. -
(a) Acoustic barriers should be placed near construction sites.
(b) The maximum noise levels near the construction site should
be limited to 75 dB (A) Leg (5 min) in industrial areas and to
65 dB (A) Leg (5 min) in other areas.
(c) There should be fencing around the construction site to prevent
people coming near the site.
(d) Materials need to be stockpiled and unused equipment to be
placed between noisy operating equipments and other areas.
(c) Constructing temporary earth and around the site using soil
etc., which normally is hauled away from the construction site.
(ix) Noise from industries.-Noises in industry originate from
processes causing impact, vibration or reciprocation movements,
friction, and turbulence in air or gas streams.
Impact and vibration noises are considerably reduced if machines
are mounted on flexible supports. In addition, vibration noises
can be reduced by the mass, careful design of shape and arrangement
of parts of machines so that resonance is avoided. Nevertheless,
certain machines will remain inherently noisy, and demand to the
surrounded with absorbent or insulting screens. Noise caused by
gas stream can be attenuated or even eliminated by the use of
suitable ducts and by correct design and positioning of inlets
and outlets.
At the present moment industry is not making particular efforts
to cut down pollution by noise, mainly because the laws which
apply are not particularly stringent. This is yet another field
in which there is scope and need for considerable improvement.
The textile mills are some of the noisiest workplaces in the
country. The TLV is 85 decibels (dB), but mills invariably exceed
this limit, as shown by an overview by the ITRC of health problems
in the textile industry from 1925 to 1981. For instance, shuttle
looms create such a din that workers usually communicate with
each other by lip movements. The machinery in woollen and jute
mills is even noiser than in cotton and silk. The noise level
in a large weaving section ranges from 100 dB to 105 dB, and can
cause permanent loss of hearing. In the US, no textile mill is
allowed to exceed 100 dB for more than two hours a day-but Indian
mills run three 8 hours shifts.
The situation elsewhere is similar. In the machine tool an automobile
industries the maximum noise is Caused by hammering in fertiliser
factories, compressors make the biggest racket. No wonder that
many Indian workers find themselves shouting even at home, out
of the sheer habit says the ITRC : “The harmful effects
of noise include increased annoyance, mental tension, irritability,
and emotional disturbances at work and at home. Greater circulatory,
heart and equilibrium problems were found in textile workers exposed
to very noisy environments. The most pervasive and dangerous harm
from noise hazard is the permanent, incurable deafness is a result
of continued exposure to noise levels above 85 dB to 90 dB”.
However, Dr. G. G. Davay, medical inspector of factories in Maharashtra,
rules out the noise hazard in textile mills. “I have not
vet come across any textile millhand with loss of hearing due
to overexposure to noise” he said a few years ago. “I
do not mean that noise does not affect hearing. But in the absence
of any direct proof, it is against the ethics of science to exaggerate
the hazard. it will amount to creating a scare”. But in
the very same breath, he admitted that his department was not
equipped to measure and study the problem “as the scientific
world has been seized of it only recently”.
In 1976, the Government includes “noise-induced hearing
loss” as a fortifiable disease. Any medical practitioner
who detects such impairment has to report the case to the chief
inspector of factories; failure to do so can be punished. An official
committee has suggested that such disability should be brought
under the scope of the WCA as well.
Noise can often be checked by using attenuators between different
sections in a factory and protecting the relatively quiet areas
from the menace. The CLI has experimented with some attenuators
and found that these do not only reduce dB levels but are also
more economical because they raise workers' productivity sharply.
Dr. Davay believes that “it is difficult to control noise
in certain departments with the present technical knowledge”.
But even simple precautions like issuing employees in noisy sections
with earplugs or muffs are never taken.
Yet another occupational health is psychological, which medical
experts would term, “behavioral toxicology”. Very
often, such symptoms are early warnings of impending physiological
trouble ahead. Furthermore, different dusts and chemicals affect
workers behaviour in a wide variety of ways.
The earliest study was on manganese workers in 1958. Some of
the common psychological symptoms were impotence, lack of concentration,
irritability, insomatic somnotence, unmotivated, laughter, bad
memory and depression. The lead storage battery units were exposed
to levels higher than permissible and complaint number of mental
symptoms. It was found that 375 workers suffered from impairment
of visual intelligence their ability to react pictures.
Noise is an inescapable by-product of industrial environment,
which is increasing very fast with the advancement in industrilisation.
The workers are most readily sufferers to the noise hazards of
industrial functioning. Industries located in the residential
areas, particularly such as printing press agro-based industries,
automobiles repairing, grinding' mills, general engineering, etc.,
are the sources of community noise affecting the public continuously,
living in the vicinity.
TABLE
Permissible Noise Exposure for Industrial Workers
Exposure Time (in Friday)
Limit in dB (a)
8
90
4
93
2
96
1
99
1/2
102
1/8
108
1/16
111
1/32 (2 minutes) or less
114
Exposure to continuous or intermittent noise louder than 115
dB (A) should not be permitted. Exposure to pulse or impact noise
should not exceed 140 dB (peak acoustic pressure).
8. Control and abatement.- Dampening the source noise level or
making its noise characteristics less annoying are typical first
approaches to noise control. Replacing the noise source with a
quieter machine is second, but often-costlier approach. Adjusting
operating hours to restrict the length or time of day that noise
is made is a third approach. Often the simplest solution is to
put distance between the noise source and the people-such as truck
routes away from residential areas and noisy industry and airports
away form homes. This often involves special zoning. Attacking
the problem where the noise is heard often effective. Acoustic
insulation (and air conditioning) in residences and offices near
airports and highways is one way. Ear protectors for individuals
in the industrial work environment is another.
Control Measures
1. Ear-Plugs, Ear-muffs
2. Use of sound barriers
3. Modified machineries
4. Green Cover
9. Impact on environment. -Although air quality measurements
are being carried out in several cities, not much of data is available
about vehicle generated pollutants. The measurements provide data
on the ambient air quality but the contribution of individual
sources is difficult to assess. Here, air quality models can play
an important role. The air pollutant concentration in the atmosphere
is not only a simple function of the emission, but it depends
on the height of the emissions, meteorology, topography and several
other factors. The impact of vehicular pollutants is comparatively
more due to the fact that these are ground level emissions. Particularly
in metropolitan cities, high rise buildings close to the roads
affect dispersal of pollutants. Air quality modelling studies
being carried out by the Central Pollution Control Board in Delhi
indicate that vehicular activities contribute about 70 per cent
of the total NOx emissions while its impact in the region is about
98 per cent of the total impact. Air quality measurements are,
therefore, required to be supplemented by air quality modelling
techniques to compute the contribution of sources with regard
to the impact, which would help in planning the control strategies.
Over the years, different organisations have made estimates of
vehicular pollution loads in urban areas. The total population
load in major cities estimated by CPCB during the year 1991 shows
that Delhi tops the list in pollution load, followed by Bombay.
Among the pollutants, carbon monoxice emission was found to the
maximum. Two-stroke vehicles (Two/three wheelers) were found to
be major contributors of CO emissions. These vehicles, despite
a low displacement volume and fuel combustion, dominate simply
due to their large proportion in total vehicle fleet and the high
average number of kilometers driven. Hydrocarbon and oxides of
nitrogen together constitute a substantial portion of total vehicular
emissions.
10. Effects. -The effects of noise pollution are multifaceted
and interrelated. Noise pollution has ill effects not only on
the human beings but also on other living and non-living things,
which will be discussed broadly as follows.-
(i) Effects of noise interference with peoples life.
It may be classified under the following topics :-
(a) Repeated interference with sleep of Human beings.
(b) Effect on hearing or Deafness
(c) Effect on communication or speech interference.
(d) Mental or Physiological Effects
(e) Effects on physical health and working efficiency or psychological.
(ii) Effects on other animals and other living things.
(iii) Effects on Non-Living things.
(i) How noise interferes with people's lives. -The generation
of unreasonable noise within the environment is considered a form
of pollution because it lowers the quality of life. There are
several specific ways in which excessive noise can affect people
adversely.
(a) Repeated interference with sleep.-In a social survey carried
out amongst people living in the vicinity of London Airport, some
22 per cent said that they sometimes found difficulty in getting
to sleep because of airport noises. In areas where the noise level
was particularly high, up to 50 per cent complained about the
noise. An even higher percentage said they were awakened by high
intensity noises, usually early at night when sleep was not yet
deep. After people have been asleep for some hours, they do not
readily wake up, even when subjected to very loud noises. Different
people have different depths of sleep and they can adjust to natural
sounds. Undoubtedly, however, noisy conditions near residential
areas at night must be avoided lack of continuous sleep has as
counteract it. Many techniques for sound insulation are available
today and can be applied at relatively modest expense.
(b) Effect on hearing or Deafness. -These effects only become
of real importance if the sounds are exceptionally loud. Continuous
exposure to noise levels much above 100 dB has an adverse effect
on hearing ability within a fairly short time. Many workers who
are exposed to the noise of jet aircraft or very noisy workshops
for even moderate periods soon develop detectable hearing defects.
Today it has become the practice for workers in these situations
to the equipped with ear protectors and provided these are worn
all the time-hearing ability is not affected.
(c) Effect on communication or speech Interference. -External
sounds can interfere with conversation and use of the telephone,
and well as the enjoyment of radio and television programmes and
like pastimes. It can thus affect the efficiency of offices, schools
and other places where communication is of vital importance. The
maximum accepted level of noise under such conditions in 55 dB.
70 dB is considered very noisy and serious interference with verbal
communications is inevitable.
(d) Mental or Physiological Effects.-Many people complain that
noise makes them mentally ill. Experiments have been performed
to attempt to confirm or disprove these claims. According to the
H.M. Stationery Office report Noise; noise certainly does not
contribute in the least to mental illness. Doctors and scientist
have now medically confirmed that noise disturbs the biological
organisms and their respective functions of the humans. Fire crackers
and other excessive and continuous explosives become physically
painful giving rise to neurosis, mental illness, cardiovascular
diseases, stomach ulcers and respiratory disorders reducing human
life. Recent researches have concluded that short exposures to
noise (in excess of about 100 dB) leads to adverse effects on
foetus, headache and, dizziness, dilatoriness in intestines, stomach
problems and effects on eye sights to the extent that these at
times become incurable.
(e) Effects on Physical health and working efficiency or Psychological
problems. -Noise has little physical effect on the biological
performance provided that the noise level is below about 90 dB.
Damage to the inner ear may result if continuous noise levels
exceed about 100 dB as has been observed by the Doctors leading
to physical illness. Psychiatrists and psychologists have in recent
researches have made observations that noise has certain relation
with physical health causing tension resulting in problems such
as speech interference, annoyance, fatigue, sleep interference
and emotional distress. Noise levels in industries causes interference
in efficiency and communication and raises possibilities of accidents.
World Health Organisation has estimated remarkable loss in the
industries annually.
Loss of concentration and weakening of memory are the indirect
consequence in the metropolitan cities of India causing adverse
effect on students and growing child. To conclude, every individual
is suffering directly or indirectly due to rising noise levels
which will surely be fatal to the coming generation and if precautions
are not taken from today we will surely ruin the total personality
of physical beings of the universe.
The biggest contributor to the noise pollution as a source which
had been identified as small scale power generating sets used
for domestic and commercial purposes causing tremendous effect
on working efficiency to the users as well as non-users causing
serious psychological problems.1
Experience has shown that the following environmental noise levels
will be found satisfactory for most people
1. “Noise Pollution a Serious Risk”, Indian Express,
Chandigarh, 16th June 1987 at p. 5
Close to Hospitals, old people's homes etc.
35 dB at night
45 dB during day
Peak noise 55 dB
Residential zones
45 dB at night
55 dB during day
Peak noise 70 dB
Commercial areas
60 dB average
Peak noise 75 dB
Industrial areas
65 dB average
Peak noise 80 dB
Maximum acceptable sound levels inside buildings are lower than
this:
Film, broadcasting and TV studios Concert
30 dB
balls and theatres
35 dB
Hospitals, hostels, etc.
40 dB
Offices, libraries etc.
45 dB
Shops, bands etc.
50 dB
Restaurants, precision workshops, etc
The following table shows the sound levels in Decibels and their
zone equivalents for different environment
Environment
Decibels at 1000 c/s
Sones
Quiet garden
30
0.5
Room in dwelling at midnight
32
0.5
Soft whisper at I metre
35
0.8
Residential area without traffic
40
1.0
Room in dwelling day
45
1.6
Country side within 3 meters of quiet brook or stream
50
2.0
Inside small shop
55
3.3
Inside super market
60
4.0
Inside typing pool office with about 10 typewriters in use
65
6.5
Inside small car at cruising speed
70
8
2 meters from telephone bell
75
13
Inside a tube train
75
13
Ringing alarm clock at 0, 6 metre
80
16
Inside concert ball during
performance
80
16
Inside newspaper printing press room
85
26
Inside jet aircraft
85
26
8 metres from pneumatic demolition hammer
85
26
8 meters from heavy diesel propelled vehicle
90
32
8 metres from car horn
90
32
1 km. from being 707 taking off
95
52
Inside propeller-driven passenger aircraft during takeoff
100
64
Inside foundry
100
64
5 metres from car horn
100
64
Inside weaving shop
105
104
Inside bollermaker’s shop
110
128
Inside small aircraft (club plane)
110
128
1 metre from pneumatic hammer
120
256
10 metres from aircraft jet engine
130
512
3 metres from aircraft jet engine
140
1024
These figures are Naturally, only approximate, because individual
conditions vary considerably. By application of the inverse square
law, doubling the distance between the observer and the noise
source reduces the intensity of the noise to a quarter, and the
number of decibles is reduced by six.
TABLE
Noise Effects on Human Beings
Noise hazards
Permanent hearing loss
Neurol-humoral stress response
Destruction of artifacts
Noise Suisance
Efficiency mental stress Frustration
Task interference Irritability
Comfort
Sleep Interference Communication Invasion of
Privacy
Damage of artifacts Habit of talking
loudly
Enjoyment Concentration Interference
Meditation
Interference
Recreational
Temporary
hearing loss
TABLE
Effects of High Intensity Noise on Human Beings*
Noise dB
Effects Observed
0
Threshold of audibility
150
Significant change in pulse rate
110
Stimulation of reception in skin
120
Pain threshold
130-135
Nausea, vomiting dizziness, interference with touch and muscle
sence
140
Pain in ear, prolonged exposure cause insanity
160
Minor permanent damage if polonged
190
Major permanent damage in short time
*Source: Chhatwal et al. Encyclopedia of Environmental Pollution
and its Control, Vol.III, (1989), at pp. 48-49.
(ii) Effects on other animals and other living things. -The effect
caused by industries, railways, crackers, explosions and commotion
in the cities, aircrafts etc., can be felt on animals, birds,
mice, fishes and domestic animals for they are susceptible to
various effects of due to exposer noise levels change their places.
Birds avoid migrating to places where noise level is above 100
dB. The noise emissions caused by supersonic aircraft, railway
noise emissions etc., may cause miscarriage in mammals and fishes
as well as birds are observed to have stopped laying eggs. Thus
to sum up animals and other living things become upset more than
human beings and in the direct cause of ecological in balance.
(iii) Effect on non-living things. -Intence noise levels affects
non-living things too. The noise booms cause cracks in national
and archeological monuments as well as very high levels of noise
are the cause of cracks in hills. High intensity explosions can
break glass panes and vibrations in the buildings. Research work
at India and abroad is being done so as to access its gravity
on non-living things so that precautions could be taken forehand
to reduce impact thereof.
11. Statutory provisions of noise pollution. -
(i) Constitution of India and Noise Control.- Rapid industrial
development, urbanisation and regular flow of persons from rural
to urban areas has made major contribution towards environmental
degradation but at the same time the Authorities entrusted with
the work of pollution control-Pollution Control Board cannot be
permitted to sit back with folded hands on the pretext that they
have no financial or other means to control pollution and supported
the environment.
Apart from that Art. 21 of the Constitution of India, which guarantees
right to life, Arts. 48A and 51A (g) of the Constitution are as
under :-
Article 51 A (g)-”to protect and improve the natural environment
including forest, lakes, rivers and wildlife and to have compassion
for living creatures”.
Article 48A-”Protection and improvement of environment
and safeguarding of forests and wildlife. The State shall endeavour
to protect and improve the environment and to safeguard the forests
and wildlife of the country”.
(ii) Law o f Torts and Noise Control. -Noise in India is actionable
under the law of torts. As regards the statutory control of noise,
it is surprising that there exists no law, under the Indian legal
system exclusively dealing with the problem of noise or its control,
whereas many countries of the world have already enacted specific
laws to control the noise menace. We have stray provisions here
for the control of noise despite the fact that public health is
greatly threatened here due to increasing noise pollution.
(iii) Indian Penal Code and Noise Control.
(a) Provisions under Sec. 268 of the Indian Penal Code, 1860,
noise is actionable as “public nuisance”. The section
reads : “A person is guilty of Public nuisances who does
any act or is guilty of an illegal omission which causes any common
injury, danger or annoyance to the public or to the people in
general who dwell or occupy property in the vicinity, or which
must necessarily cause injury, obstruction, danger or annoyance
to persons who may have occasion to use any public right”.
People who by any offensive means corrupt the air or by any means
cause loud and continued noise- and thereby cause injury or annoyance
to those dwelling in the neighborhood in respect of their health
or comfort and convenience or living are liable to prosecution
for causing public nuisance.
(b) Noise nuisance can also be punishable under the provisions
of Sec. 290 of the code, which prescribes a punishment, which
may extend to two hundred rupees, for those cases of nuisance
not specifically covered under the Code. Neither the right to
make noise can be acquired by prescription nor it can be accepted
as a defence to a charge of nuisance.
In spite of the serious consequences of noise, nuisance by noise
has not been accorded its proper place under the Indian Penal
Code. It is till date relegated to the residuary provision in
Sec. 290 which prescribes just nominal punishment. The provisions
of the Code, in view of the recent scientific and industrial developments,
is inadequate to cope with increasing menace of noise pollution.
The provisions of the Code also do not lead us to uniform and
certain rules for application to the criminal cases of noise nuisance.
There have been very rare prosecutions for nuisance by noise as
the offence of public nuisance under Sec. 290 is non-cognizable.
Nuisance action under the penal code is a poor remedy as it is
nominally punitative rather than preventive or compensatory.
(iv) Criminal Procedure Code and Noise Control. -Provisions under
the Sec. 133 of the Criminal Procedure Code, 1973 the Magistrate
has the power to make conditional order requiring the person causing
nuisance including that of noise to remove such nuisance.
(v) Police Act, 1861 and Noise Control. - The Police Act, 1861
also deals with noise pollution and punishment thereof.
(i) Provisions under Sec. 30 of the Act, District Superintendent
or Assistant District Superintendent of Police are authorised
to direct the conduct of all assemblies and processions on public
roads or in the public streets or thoroughfares. They can prescribe
the routes by which and the times at which such processions may
pass. These police officers may also require by general or special
notice for the procurement of a licence in cases where in the
judgment of Magistrate of the district, the convening of the assembly
or of a procession likely to be formed or pass through such road,
street or thoroughfare, if uncontrolled, is likely to cause a
breach of peace. Under the same section, the above-mentioned police
offices are also empowered to regulate the extent to which music
may be used in the streets on festivals and ceremonies.
(ii) Provisions under Sec. 30-A, the above said police officers
and Inspectors of Police or any Police Officer incharge of a station
are authorised to exercise the power of stopping, dispersing or
declaring the assemblies or processions as unlawful which violate
the conditions of licence.
(iii) Provisions Sec. 32 of the Act, (on conviction before a
Magistrate), provides for a penalty of a fine not exceeding two
hundred rupees, for violation of the conditions of any licence
for the use of music or for the conduct of assemblies and processions,
issued by the district Superintendent or Assistant District Superintendent
of Police.
(vi) Railways Act, 1890 and Noise Control.-It is surprising to
note that railway engines and carriages are a big source of noise
in India but railway locomotives enjoys a statutory protection
under the Indian than Railways Act, 1890 against any action for
the noise created thereby. There is no provision in the Act, which
provides for the regulation of noise by railway locomotives. Sec.
16 of the Act gives statutory authority for the use of locomotives
to railway administration.
[The section reads: “16-Right to rise locomotives
(i) A railway administration may with the previous sanction of
the (Central Government) use upon a railway locomotive engines
or other motive powers and rolling stock to be drawn or propelled
thereby”.]
The Railway Act, 1890 has been repealed by the Railways Act of
1989 but the new Act also does not contain any specific provision
dealing with the control of noise pollution resulting from railway
locomotives. Noise from railway locomotives cannot be subjected
to strict statutory control, for railways constitute the largest
means of public transportation in India.
(vii) Aircraft Act, 1934 and Noise Control. -The impact of civil
aviation on the environment is evident in the rising public concern
regarding noise, which is most irritating and the most responsible
element for the rising opposition to further growth of aviation.
The concern over the increasing noise levels from aircrafts has
been appreciated by the world aviation community.
Accordingly, in 1968 at the sixteenth Assembly session of the
International Civil Aviation Organisation (ICAO) at Buenos Aires,
a resolution was adopted whereby ICAO was asked to study on urgent
basis the problem of noise pollution from aircrafts. The ICAOI-
pursuant to this resolution carried out a detailed study of the
noise problem and developed laws in the form of International
Standards and Recommended Practices for aircraft noise. These
were finally adopted by ICAO in the form of Annex. 16 to the Convention
on International Civil Aviation. According to these standards
all aircrafts are required to be noise certified by the authorities
of the state of registry of the aircraft on the basis of satisfactory
evidence that the aircrafts complies with requirements which are
least equal to the applicable standards specified in Annex. 16.
India is a member state of ICAO and has accordingly accepted
the noise specifications of Annex. 16 for implementation in India.
Hence as per an Aeronautical Information circular issued, a legal
directive, which lays down that aircrafts which are not noise
certified in accordance with Annex. 16 standards will not be permitted
to operate in India after 31st December' 1987.
Under the Indian Aircraft Act, 1934 causing wilful damage or
injury is actionable. Although there is no specific provision
relating to control of noise pollution from aircrafts but under
the rule making powers confirmed by Sec. 8 (A) of Aircraft Act,
1934 and its supersession of the Indian Aircrafts (Public Health)
rules, 1946 Government can make rules to control noise pollution
for safeguarding health. Noise restriction regulations and safety
regulations are incorporated in the Aircrafts Rules. To enforce
rules Airfield Environment Committees headed by Secretaries, of
the State Governments with broad-based membership from Civil Aviation
Department, Municipal Corporations, Health Department, etc., are
established at all airports. These committees also consider ways
and means to maintain environmental cleanliness, disposal of wastes
and removal of unathorised slums or eating places etc., around
the airport.
It may be mentioned here that theoretically there are noise restrictions
at the Indian airports, but there are not known cases where airline
has been penalised for infringement of the laid down noise regulations.
No serious effort has been made to impose night curfews to cut
down noise pollution.
(viii) Motor Vehicles Act and Noise Control. -The Motor Vehicles
Act, 1939 under Secs. 20, 21j, 41, 68, 681, 70, 91 and 111A empowered
the State Government to frame rules regulating equipment and maintenance
of motor vehicles and trailers. Without prejudice to the generality
of the foregoing powers, rules, under Sec. 70 may be made, governing
any of the following matters either generally in respect of motor
vehicles or trailers or m respect of motor vehicles or trailers
of a particular class or in particular circumstances, namely:
(i) The reduction of noise emitted or caused by vehicles;
(ii) Prohibiting the carrying of appliances likely to cause annoyance
or danger;
(iii) The periodical testing and inspection of vehicles by prescribed
authorities; and
(iv) The use of trailer with motor vehicles.
It is noteworthy that Motor Vehicles Rules made by various states
do not contain any effective control measures to control the noise
pollution. To a certain extent, use of 'horns' and silencers is
regulated by the rules. The Rules certainly are directed at curbing
the noise but despite their presence the menace and the open violation
of the Rules still persists due to inadvertence shown by the state
in their effective implementation.
The Motor Vehicles Act, 1939 has been repealed by the newly enacted
Act of 1988.
(i) Section 110 of this Act empowers the Central Government to
make rules regarding equipment and inbuilt safety measures to
be provided in motor vehicles at the manufacturing point such
as safety belt, standards of component, controlling air and noise
pollution etc., so as to bring uniformity of standards. The proviso
to the section provides that any rules relating to the matters
dealing with the protection of environment. so far as may be,
shall be made after consultation with the Ministry of the Government
dealing with environment.
(ii) In pursuance of the powers so conferred, Central Motor Vehicle
Rules, 1989 have been framed by the Central Government but the
rule-making powers have not been fully utilised for regulating
effectively noise pollution. The new Act provides among others
for penalty for violation of noise pollution standards.
(iii) Provision of Sec. 190 (2) provides that any person who
drives or causes or allows to be driven, in any public place a
motor vehicle, which violates the standards prescribed in relation
to road safety, control of noise and air pollution, shall be punishable
for the first offence with a fine of one thousand rupees and for
any second or subsequent offence with a fine of two thousand rupees”.
The Motor Vehicles Act should provide for a provision specifying
the limit of noise in terms of decibels.
(ix) Factories Act, 1948 and Noise Control. -The Factories Act,
1948 does not contain a specific provision of noise control while
it has been found in a number of cases that high intensities,
high frequencies and intermittency of noise are the factor of
annoyance for the workers. Such situations not only cause physical
and psychological damages but also impairs workers efficiency
resulting into their giving low production and causing dissatisfaction
practically to all. Only Sec. 11 of the Factories Act, 1938 provides
protection from noise by making it obligatory on the part of an
occupier for keeping every factory clean and free from any drain,
privy or other nuisance. The use of word 'nuisance' in Section
11 may include noise. It is pertinent to note that under Sec.
35 of the Act, protection to eyes of employees is given but protection
to ears is nowhere given in the Act. The omission to specifically
provide for protection of workers against the noise pollution
is uncalled for whereas under the schedule under Sees. 89 and
90 of the Act, noise induced hearing loss is mentioned as a notifiable
disease.
Industrial laws such as Factories Act need to incorporate safety
provisions against noise pollution to safeguard the workers such
as provision for ear plugs and insulation in addition to provisions
for the reduction of noise at source such as reduction of noise
by proper machine design, proper maintenance, lubrication, mounting
equipment on rubber enclosing the noise, use of baffles, use of
sound proofing material like walls, ceilings and floors, etc.
(x) The Air (Prevention and Control of Pollution) Act, 1981 and
Noise Control. -Prior to the 1987 amendments to the Air Act, 1981,
the Act did not include in its gamut the regulation of noise pollution.
But after the 1987 Amendments noise has been recognised as an
air pollutant. The amended Sec. 2 (a) now defines 'air pollutant'
to “mean any solid liquid or gaseous substance including
noise present in the atmosphere in such concentration as may be
or tend to be injurious to human beings or other living creatures
or plants or property or environment”. Hence the 1987 Amendment
to the Air Act now specifically extends the provision of Air Act,
including increased penalties citizen's suits and the issuance
of injunctions by Magistrates, to control noise pollution.
The Central and the State Boards now exercise the powers and
functions under Secs. 16 and 17 of the Air Act, respectively with
regard to the prevention and control of noise pollution including
the laying down of noise standards. In pursuance of the powers
conferred under Sec. 16, the Central Pollution Control Board has
laid down noise standards during the reporting years.
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