NOISE POLLUTION AND ITS CONTROL 427

3. Control of Noise Pollution under other

Central Legislations :
a) The Police Act, 1861
Section 30 (4) of the Police Act,1861 covers the problems of noise arising
from music, which is one of the aspects of noise pollution. Under this
provision, the Superintendents of Police are authorized to regulate the extent
to which music may be used in streets on the ocasions of festivals and
ceremonies. However, the scope of the said provision is very limited because
under the said provision only the
of festivals and ceremonies in
problem of musical noise on the occasions
public places can be controlled and it is silent
about the musical noise, which arises from
other than festivals and ceremonies. private premises or on occasions
b) The Workmen's Compensation Act, 1923
Under section 3 of the Workmen's Compensation Act, 1923 there iss a
liability of employers to pay compensation to their workers in case of injuries
caused in the course of employment. It has already been stated above, under
the effects of noise poBution, that if ears are exposed to high intensity of
sound for a long duration, then it may lead
to auditory effects
absolute deatness. Thus, noise polution can be controlled in the including
factories
under the above-mentioned provision,
whici provides for
regarding the injuries caused in the course of employment. compensation
(c)The Air Craft Act 1934
As such, there is no provision under the Air Craft Act, 1934 for
controlling noise pollution. However, under this Act, Govt. is authorised to
make rules for the protectionof the public health. Noise pollution is the
source of various health hazards. Thus, the Govt. can make rules to control
the noise generated by the aircrafts and take diffërent measures to protect the
people from health hazards.
(d) The Factories Act 1948
Third Schedule of the Factories Act, 1948 contains a list of noticeable
diseases including the diseases of hearing loss caused by the noise. Entry 22
of the Scheduledeals with 'noise induced hearing loss'. Under section 89 of
the Act, it
is a duty of the manager and the medical practitioner of the factory
to report the matter to the authorities in case any person working in the
factory contacts any disease specified in the Third Schedule The Chief
Inspector, on being satisfied that worker is suffering from any disease
mentioned in the Third Schedule, shall pay the prescribed fee to the fhedical
practitioner for the treatment of such worker, which would be later on realised
from the owner of the factory where the worker contacted such disease.
Further, the provisions of Chapter-IV of the Factories Act, 1948, which relate
to health hazards and problem of environmental pollution in industries, can
also be used for controlling the industrial noise.
(e) The Air (Prevention and Control of Pollution) Act, 1981
To the Air
begin with, (Prevention and Control of Pollution) Act, 1981
was enacted for the prevention, control and abatement of air polution. Section
2(6) of this Act defines "air pollution" to mean the presence in the atmosphere
of any air pollutant. In 1987 this Act was amended and the definition of "air
 428 ENVIRONMENTAL LAw

pollutant" was
expanded to include
noise. The
pollutant" under section 2 (a) of the Act provides existing
as under definition of
"air pollutant" means air
any solid, liquid or eous substance
noise) present in the (inclu
tend to be atmosphere in such concentration as mav
injurious to human
plants or property or
beings
environment.
or other
living creaturebe or
Thus, noise pollution be controlled unde
can
various
Act. Under section 16 (2) (b) of the Air
Act, it is the function of
Pollution Control Board to plan and cause to the
ofrovisions
s
programme for the prevention,
be executed a
nation wide Central
section 16(2)(h), the Central control or abatement of air pollution.
Pollution Control Board can Und
for the quality of air and
thus, it can lay down the noiselay down standard
Similarly, under section 17 (1) (a) of the Act, the State standards as woll
has got the
powers not only to include the noise Pollution Control Board
within S0ard
comprehensive programme for the its plan
pollution but also to lay down theprevention,
standards
control or
for
abatement of and
air
standards of air pollutants noise, along with the
section 17 (1) (g) of the Act.regarding industrial plans and
The Central Pollution automobiles under
of its power under section
16 (2)(h)
Control Board in exercise
following of
the Air Act
ambient quality standards in respect of noisehas
air laid down the
Ambient Air Quality Standards in Respect of Noise."

Limits in dB (A)
| Area code Category of Areas+ Leq
Day time Night
(A) Industrial Area time
75 70
(B) Commercial Area
65 55
C) Residential Area 55 45
(D) Silence Zone**
50 40

*Day time-is reckoned

Night time-is reckonedbetween
** 6 a.m. and 9. p.m.
***
Silence zone-areas
between 9 p.m. and 6 a.m.
up to 100 metres around
hospitals, educational institutions and courts certain premises like,
silence zones may be declared as
by the competent
use of
loudspeakers, authority; honking of vehicle horns,
be banned bursting of crackers and
in these zones. hawkers noise should
+Mixed categories of
aforesaid should be declared as one of the four
areas
categories by the
competent authority and the
(f The Motor
corresponding standards
shall apply.
Vehicles Act, 1988 and The
Section 110 of the
Motor Vehicles Act Contrat-Motor Vehicles Rules, 198
37. See No. confers powers on the Central
F-PCS/E9/1/89/9267, Central Pollution Control Board,
Delhi (December 20,
907
 NOISE POLLUTION AND ITS CONTROL 429
Govt. to make
rules
of motor vehicles andregulating
the construction,
trailers with respect equipment and maintenance
110 (1) (h), the Central Govt. to different matters. Under
can make rules section
emitted by or caused by vehicles regulating the reduction of noise
Similarly, under section 111 (2) (b) ofandthethus, reduce the noise pollution
powers to make rules regulating the Act, the State Govt. has got tne
of motor vehicles and construction, equipment and maintenance
trailers, prohibiting or restricting the use of
signals at certain times or in certain places. Under audidle
Govt. can make rules section 111 (2) (c) the state
noise or danger. Underprohibiting
the carrying of appliances likely to
the said provisions, the cause a
resulting from their horns, audio-visuals and problem of noise in
tape-recorders ctc. venice
can be
controlled
The Central Govt. has also enacted the
Central Motor Vehicles Rules,
1989. Rules 119 and 120
specifically deal with reduction of noise. Rule 119(2)
provides that no motor vehicle shall be fitted with any multi-toned horn
giving a succession of different notes or with any other sound-producing8
device giving an unduly harsh, shrill, loud or
(3) of Rule 119 permits the use of such hornsalarming
noise. However, clause
on vehicles used as ambulance
or for fire fighting or
salvage purposes or on vehicles used by police officers
or officers of the Motor Vehicles
such sound
Department in the course of their duties of
signals as may be approved by the
jurisdiction such vehicles are kept. Under Ruleregistering
121 clauseauthority
in whose
(1) every motor
vehicle isrequired to be fitted with device known as a silencer, which helps
in reducing the noise that would otherwise be made by the escape of exhaust
gases from the engine. Under Rule 120 (2) every motor vehicle is required to
be constructed and maintained so as to conform to noise standards as
indicated below:

Category of Vehicles Maximum Permissible Noise levels

1
2
Two wheelers (Petrol driven) 80 dB (A)

All passenger cars, all Petrol| 82 dB (A)

driven three wheelers and diesel
driven two wheelers

Passenger or Light Commercial 89 dB (A)

Vehicles including three wheeled
vehicles fitted with diesel engine with
gross vehicle weight up to 54000 kgs|
and up to 12000 kgs
Commercial| 91 dB (A)
Passenger or
Vehicles with gross vehicle weight|
above 12000 kgs
 430 ENVIRONMENTAL LAW

The Calcutta High Court in Rabin Mukherjee v. State of West

Beng
recognized the nuisance created by noisy electric and air horns usednga1
and trucks. The Court directed the transport authorities to strictlu in buses
provisions of Motor Vehicles Act and the Bengal Motor Vehicles enforce the
restricted the use of loud and shrill horns. Rules
ules which
The Delhi High Court in Madarsa Road Residents
Governor, entertained Assocn. v.
a
public interest litigation to
reduce the nia
created by plying of heavy vehicles in silence zone and nuisan
issued directions
taking prohíbitory measures by invoking the provisions of Bombay Police for
and the Delhi Control of Vehicular and other Traffic on
Regulation, 1980. Roads and S
Teets
In Nayan Behari Das v. State
of Orissa, the petitioner sou
directions for prohibiting the use of multi-toned horns
and other devices
the motor vehicles which
produce unduly hash and loud noise
and cate
on
disturbance and inconvenience to the public in ause
Rule 119 of the Central Motor Vehicles Rules general. The Court noticed that
such horns and therefore, the specifically prohibits the use of
question
such use does not arise. However, the Court
of issuing
any direction prohibiting
issue the directions to create awareness
considered it to be a fit
case t
among the people
Rule. Accordingly, the Court directed that at regarding the said
should be made through the medium of All India regular intervals announcement
Press that the use of multi toned horns or Radio and Doordarshan
and
such other devices
harsh, shrill,
loud or alarming creating
noise is prohibited. It would be unduly
notices are exhibited at the bus stop and at the RTO advisable if
offices regarding the
prohibition on the use of multi-toned horns and similar
devices.
(g) The Environment (Protection) Act, 1986 and The Environment
Rules, 1986 (Protection)
The Environment
(Protection) Act, 1986
and abate environmental was enacted to prevent, control
pollution. Though
the Act
including "environment", "environmental pollutant" defines and
various terms
pollution" in section 2 but it does not specifically refer to noise."environmental
Section 6 of
the Act empowers the Govt. to
make rules to
pollution. Under section 6 (2)(b), the Central Govt. canregulate environmental
make Rules providing
for "the maximum allowable limits
of concentration of various
pollutants (including noise) for different areas." Thus, the Centralenvironmental
the power to control the noise Govt. has
pollution
allowable limit of noise in the environment. by laying down the maximum
There is also general power of
Central Govt. under section 3 of the Act to
take measures to
the
protect and
improve the quality of environment and preventing,
environmental pollution. controlling and abating
Accordingly, the Central Govt. has enacted the Environment
Rules, 1986, which provide for the maximum allowable (Protection)
limits of various
environmental pollutants including noise.
Environment (Protection) Rules, 1986, Entry 89 of Schedule-I of the
provides the noise standards for fire
38. A.LR 1985 Cal. 222.
39. A.I.R 1995 Del. 195.
40. A.I.R. 1998 Ori. 39.
41. ld., at 40.