A circular issued on Tuesday also cited the decibel levels for residential, commercial, and industrial areas as per the Noise Pollution (Regulation and Control) Rules, 2000, notified under the Environment (Protection) Act, 1986.
Karnataka government issued a circular yesterday, May 10 and asked “All existing users of loud speakers/ public address system & sound-producing instruments to obtain written permission from the Designated Authority within 15 days”.
The government has asked all users of “sound-producing instruments” to obtain written permission from authorities within 15 days, as part of a broad set of directions to regulate the use of loudspeakers in the state, in the wake of azan versus Hanuman Chalisa row.
“A loudspeaker or a public address system shall not be used at night (between 10.00 pm to 6.00 am) except in closed premises for communication within e.g., auditoria, conference rooms, community halls and banquet halls,” the circular said.
“Those who do not obtain permission, should voluntarily remove loud speakers/public address system and sound-producing instruments or else the same shall be removed by the designated authority within 15 days from the deadline given,” the circular added.
I) The Director General of Police, the Commissioner of Police in the cities of Bangalore. Mysore, Gulbarga. Belgaum, Hubli-Dhanvad and other officers of the Home Department not below the rank of the Deputy Superintendent of Police to take action against the persons who violate the standards prescribed in the schedule through the use of loud speakers, sirens / public address system or other modes of creating noise between 6.00 AM to 10.00 P.M and 10.00 P.M to 6.00 AM and to prosecute them under section 15 of the Environment (Protection) Act. 1986.
2) A loud speaker or a public address system shall not be used except after obtaining written permission from the designated authorities as mentioned in pars above.
3) A loud speaker or a public address system shall not be used at night (between 10.00PM to 6.00 A.M) except in dosed premises for communication within e.g., auditorium, conference rooms, community halls and banquet halls.
Whereas, the Hon’ble Supreme Court of India in WHO Petition (Civil) No. 7211998 issued following directions on 18/07/2005;
I. The noise level at the bound, of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10 dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower.
2. No one shall beat a drum or tom-tom or blow a trumpet or beat or sound any instrument or use any sound amplifier at night (between 10. 00 p.m. and 6am.) except in public emergencies.
3. The peripheral noise level of privately owned sound system shall not exceed by more than 5 dB(A) than the ambient air quality standard specified for the area in which it is used, at the boundary of the private place.
4. Vehicular Noise: No hom should be allowed to be used at night (between 10 p.m. and 6 a.m.) in residential areas except in exceptional circumstances.
The Hon’ble Supreme Court has reiterated the directions issued on 18/07/2005 while disposing Civil Appeal No. 3735/2005 on 28/10/2005.
The State Government hereby reiterates that the Government order No.FEE:42 ENV 2000, dated: 13-08-2002 under the Noi. Pollution (Regulation and Control) Rules 2000 are to be strictly followed and enforced for Regulation of Noise Pollution from loudspeakers / public address system and sound producing instruments.
In view of the above, for effective implementation of Noise Pollution (Regulation and Control) Rules 2000 and the Government Order dated 13-08- 2002, the Govemment of Karnataka hereby issues the following directions which are to be mandatorily adhered to.
1) All existing users of loud speakers / public address system and sound producing instruments shall obtain written permission from the Designated Authority within 15 days. (Application form enclosed)
2) Those who do not obtain permission, should voluntarily . remove loud speakers / public address system and sound producing instruments or else the same shall be removed by the Designated authority within 15 days from the deadline given.
3)A Committee is constituted at different levels comprising following members to decide the application seeking permission for use of Loud Speaker/Public Address System in accordance with the provisions of the Noise Pollution ( Regulation and Control ) Rules, 2000.
i) In all Police Commissionerate areas – Assistant Commissioner of Police, Jurisdictional Executive Engineer of the City Corporation and a representative of Pollution Control Board ii) In all other areas, Dy. SP, the jurisdictional Tahsildar and a representative of Pollution Control Board
4) Non-compliance to h provisions of the Noise Pollution (Regulation and Control) Rules, 2000, Government Order vide No. FEE 46 ENV 2000, Dated: 13.08.2002 and directions above shall attract penal action in accordance with Section 15, 19 and 24 of the Environment (Protection) Act, 1986.