An area shall not fall under ‘silence area or zone’ category, unless notified by State Government

S.O 2555(E).— Whereas, according to clause (a) of sub-rule (3) of Rule 5 of the Environment Projection Rules, 1986, whenever it appears to the Central Government that it is expedient to impose prohibition or restrictions on the location of an industry or the carrying on the processes and operations in an area, it may, by notification in the Official Gazette and in such other manner as the Central Government may deem necessary from time to time, give notice of its intention to do so;

And whereas, every notification under clause (a) of said sub-rule shall give a brief description of the area, the industries, operations, processes in that area about which such notification pertains and also specify the reasons for the imposition of prohibition or restrictions on the locations of the industries and carrying on of process or operations in that area;

And whereas, any person interested in filing an objection against the imposition of prohibition or restrictions on carrying on of processes or operations as notified under clause (a) may do so in writing to the Central Government within sixty days from the date of publication of the notification in the Official Gazette;

And whereas, clause (d) of the said sub-rule provides that the Central Government shall, within a period of one hundred and twenty days from the date of publication of the notification in the Official Gazette, consider all the objections received against such notification and may within five hundred and forty five days from such date of publication impose prohibition or restrictions on location of such industries and the carrying on of any process or operation in an area;

And whereas, sub-rule (4) of Rule 5 of the said rules provide that, notwithstanding anything contained in sub-rule (3), whenever it appears to the Central Government that it is in public interest to do so, it may dispense with the requirement of notice under clause (a) of sub-rule (3) of Rule 5.

Now, therefore, in exercise of the powers conferred by Sections 3, 6 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), read with Rule 5 of the Environment (Protection) Rules 1986, the Central Government hereby make the following rules further to amend the Noise Pollution (Regulation and Control) Rules, 2000, namely:—

1. (1) These rules may be called the Noise Pollution (Regulation and Control) Amendment Rules, 2017.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Noise Pollution (Regulation and Control) Rules, 2000 (hereinafter referred to as the principal rules), in rule 3, in sub-rule (5),—

(a) after the word “maybe declared”, the words “by the State Government” shall be inserted;

(b) the following proviso shall be inserted, namely:—

“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).”.

3. In the principal rules, in Rule 5, for sub-rule (3), the following shall be substituted, namely:—

‘(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.’.

4. In the Schedule to the principal rules, in the Note, paragraph 3 shall be omitted.

Ministry of Environment, Forests and Climate Change

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