Ministry of Environment, Forests and Climate Change notifies the Noise Pollution (Regulation and Control) Amendment Rules, 2017 effective August 10, 2017

Ministry of Environment, Forests and Climate Change notifies the Noise Pollution (Regulation and Control) Amendment Rules, 2017 effective August 10, 2017

August 28, 2017 EHS 0

The Ministry of Environment, Forests and Climate Change (“MoEF”) has recently notified the Noise Pollution (Regulation and Control) Amendment Rules, 2017 (“Amended Rules”) to amend the Noise Pollution (Regulation and Control) Rules, 2000 (“Principal Rules”).

The Amended Rules are effective from August 10, 2017.

PRINCIPAL RULESAMENDED RULESIMPLICATION
 

Rule 3(5): An area comprising not less than 100 metres around hospitals, educational institutions and courts may be declared as silence area / zone for the purpose of these rules.

 

Rule 3(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).

 

The amended rules have given the power to State Governments to declare silence area / zone which is less than 100 meters around hospitals, educational institutions and courts.

 

 

 

 

   
 

Rule 5(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 system and the like 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. The concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption would be operative.

 

Rule 5(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 notified 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.

 

 

The term “festive occasion” has been specifically defined in the amended rules.

 

Note (3) to Schedule to the Principle Rules:

 

Silence zone is an area comprising not less than 100 metres around hospitals, educational institutions, courts, religious places or any other area which is declared as such by the competent authority.

 

 

Omitted

 

The omission of Note (3) to Schedule to the Principle Rules has broadened the scope of “silence zone” and now only State Governments can notify silence area / zone.

 

Source: Ministry of Environment, Forests and Climate Change

About the author

Lexplosion:

0 Comments

Would you like to share your thoughts?

Your email address will not be published. Required fields are marked *

Leave a Reply