After reading this article you will learn about :- 1. Introduction to Legal Measures 2. Legislation in India 3. The Uttar Pradesh Nagar Mahapalika (Prohibition of Noise and Regulation of Loudspeakers) Rules, 1987.
Introduction to Legal Measures:
To have clean technologies for industrialisation, laws are made to avoid further pollution of the environment. In any civilized nation if environment is not protected from further damage, the very existence of life on earth can be endangered.
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In recent years noise pollution has emerged as a national problem as excessive noise can cause psychosomatic disorders, tension related diseases skin ailments, mental illness and emotional distress.
It has also been reported by medical experts that noise causes loss of nervous energy, excessive heart beating irritability and more susceptible to neurotic and irrigational behaviour. Noise pollution can also create nervous tension, violence or mental collapse immediately, after some time or after a long exposure depending on the intensity of noise and its period.
The root cause of environmental pollution lies in the sort of technological world we have chosen to built for ourselves, and in our thoughtless worship of the so-called progress at any cost. The harmful effects of environmental noise have compelled many nations to curb this problem by introducing various legislative measures.
The concern for environmental protection had its genesis in the 1960 s, when many laws regarding this were passed by several states of the USA The “National Environmental Policy Act” was signed by the President of the USA on January 1,1970.
It was a very significant piece of legislation. Some states of the USA now provide that citizens may bring environmental violations to the attention of government authorities and receive a part of any fine imposed as a reward. Environmental rights have been embodied in the constitutions of many states of the USA.
In Japan, the “Anti-Pollution Basic Law” covers noise pollution. A National Council has been established in Japan under the chairmanship of the Prime Minister. This Council controls the quality of air, water, noise, earth vibrations caused by construction work and land transport vehicles. It takes firm steps to check noise.
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In the United Kingdom, laws for pollution control are as old as their history. Even in the thirteenth century, controls were imposed on the activities which presented an immediate threat to health. In the nineteenth and early twentieth centuries, noise under the English Law was considered as a private or public nuisance.
The “Noise Abatement Act (I960)” of the UK makes provision in respect of the control of noise and vibration with a view to their abatement.
Even a small country like Israel has taken initiative in this field by enacting legislation to control pollution. The “Kanowtiz Law (1961)” of Israel prohibits causing any considerable or unreasonable noise, smell or pollution of the air from any source whatever, if the same disturbs or is likely to disturb a person in the vicinity or a passerby.
This law entitles citizens to file complaint to prosecute the offender and seek retribution for damages.
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Anti-pollution laws have been passed in many other countries. For a comprehensive examination of the legal aspects of noise pollution, the interested reader should consult a very recent study by Shastn and Trivedi (1988).
Legislation in India:
The original Indian Constitution of 1950 did not have any provision directly dealing with the environmental pollution. But the Forty-second Amendment of the Indian Constitution passed in 1976 inserted Article 48-A and Article 51-A to protect and improve the environment. Thus India became one of the few countries of the world to enshrine in its Constitution a commitment to environmental protection and improvement.
These amendments introduced a new dimension in the public responsibility by obligating the Central Government of India to protect and improve environment for the good of society as a whole. Since 1976, it has become a constitutional obligation of the State to improve and protect the environment.
The State is bound to take steps and impose restrictions on the use of resources which adversely affect the environment. While shaping the State policy, the government is under an obligation to ameliorate the present-day conditions.
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To achieve this objective, the Central government has already passed the Water (Prevention and Control of Pollution) Act in 1974, followed by the Air (Prevention and Control of Pollution) Act in 1981. Similar laws have been passed by many state governments in connection with water and air pollution.
Unfortunately, there is no Central legislation to control noise pollution in India till today. However, some states have enacted statutes on this subject, e.g., the Rajasthan Noises Control Act (1963).
Another legislation on noise pollution is the Bihar Control of the Use of Play of Loudspeakers Act (1955) and the U.P. Nagar Mahapalika rules 1987. There exists also the Madhya Pradesh Control of Music and Noises Act (1951).
However, there is no law in India so far which deals exclusively with the problems of excessive noise and its control as we have the Water Act of 1974, the Air Act of 1981 and Environmental Protection Act of 1986. The situation is alarming and the sufferers of noise pollution look helplessly to the law for protection.
The Uttar Pradesh Nagar Mahapalika (Prohibition of Noise and Regulation of Loudspeakers) Rules, 1987:
In exercise of the powers under sub-section (1) read with clause (XI) of sub-section (2) of Section 420 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 (U.P. Act No. II of 1959) the Governor is pleased to make the following rules after their previous publication in Government Notification No. 92-A/XI-7-23-K-83, dated January 9,1987 as required under sub-section (2) of Section 540 of the said Adhiniyam.
i. Short title and commencement:
(1) These rules may be called the Uttar Pradesh Nagar Mahapalikas (Prohibition of Noise and Regulation of Loudspeakers) Rules, 1987.
2. They shall come into force with effect from the date of their publication in the Gazette,
ii. Definitions:
In these rules unless the context otherwise requires:
(a) ‘Hirer’ means a person who takes on hire a loudspeaker;
(b) ‘Licensing Officer’ means the Mukhya Nagar Adhikari or an officer authorised by him in this behalf;
(c) ‘Loudspeaker’ includes any electrically or mechanically operated device for amplifying or producing sound of great intensity;
(d) ‘Official purpose’ means the purpose of Central Government the State Government or a local authority;
(e) ‘Person’ includes a firm, a company, an institution, a society or any association of individuals;
(f) ‘Religious institution’ means a temple, a mosque, a church or a gurdwara;
(g) ‘Trader’ means a person who deals in the business of hiring out loudspeakers.
iii. Prohibition on use of Loudspeakers:
No person shall, without the written permission of Mukhya Nagar Adhikari or any officer authorised by him in this behalf, and without complying with the conditions laid down in these rules use loudspeakers whether it is stationary or is fitted within or outside any house/premises or is fitted on any temporary structure, tent, car, lorry, bus, truck, tractor or any other vehicle or any mobile career within the limits of the Nagar Mahapalika.
Provided that the permission for the use of the loudspeaker for the official purpose, exhibiting pictures in a cinema hall licensed under the Indian Cinematograph Rules and religious purpose in a religious institution subject to the restriction laid down in Rule 5 will not be necessary.
iv. Permission for use of loudspeaker:
(1) Any person desirous of using a loudspeaker shall submit an application, in duplicate in Form ‘A’ together with the fee payable to the licensing officer who shall either refuse the permission applied for in the interest of public safety and convenience and order for the refund of the permission fee to the applicant or shall grant the permission, subject to such conditions which he may impose in public interest.
(2) In the event of Section 144 of Indian Penal Code being enforced in the city or any part thereof, permission, or certified copy of the permission, obtained from the magistrate shall be necessary to be enclosed with the application under sub- rule (1).
(3) If after the grant of permission under sub-rule (1) of Section 144 of the Indian Penal Code is enforced in the city the permission shall be deemed to have been cancelled and all the permission granted in such period shall be subject to the order of the magistrate.
v. Time for the use of loudspeakers:
The permission granted by the licensing officer for the use of loudspeakers in public meeting, marriages, mushaira, kavi-sammelan, sangeet-sammelan, sports, theatre, stage-drama, religious keertan and religious and cultural programmes, election propaganda and other uses shall be from 8 A.M. to 10 P.M. during winter season and from 7 A.M. to 11 P.M. during the summer.
Permission of the District Magistrate shall be necessary for using the loudspeaker beyond the prescribed time. For the purposes of this rule summer period shall be from 1st of March to 30th September and the winter period shall be from 1st of October to the end of February in every year.
vi. Appeal:
Any person aggrieved by the order of the licensing officer may prefer an appeal to Nagar Pramukh within 10 days of the passing of the order and the order of Nagar Pramukh on such an appeal shall be final.
vii. Trade of noise:
No person shall use, sell or let on hire the loudspeaker within the limits of Nagar Mahapalika without prior permission of the licensing officer under these rules.
viii. Prohibition of public nuisance:
Every trader shall fix governor to keep the sound of every loudspeaker at the lowest pitch and no other appliance shall be used in a way that it may fall within the purview of public nuisance defined under the Indian Penal Code. This condition shall be laid down in the permission issued for the purpose.
ix. Permission not to be given in certain cases:
No permission for the use of loudspeaker shall be given or applicable within a radius of 100 meters from the premises of a Hospital, a Court, a Library, a Government office, a quasi-Government office, a Hostel, a School, a College or a University.
x. Permission fee:
Fee for permission for use of loudspeaker shall be at the following rates:
(1) For one day or part thereof
(2) For fifteen days
(3) For one month
(4) For any period exceeding fifteen days or one month at the rate of … Rs. 10 per day
xi. Fee for letting out and keeping loudspeakers:
It will be compulsory for every trader to obtain licence for letting out and keeping loudspeakers. The licence fee for letting out and keeping loudspeakers shall be at the rate of Rs. 75 per annum per horn unit. If the period is less than one year the fee shall be payable in fraction thereof.
xii. Every trader shall submit an application for permission in form ‘B’ together with the fee at the rates prescribed under Rule 11 for permission for sale or letting out of the loudspeakers, to the licensing officer. If only an application is submitted by any trader for various licences the separate numbers of loudspeaker and horn units shall be specified.
xiii. (1) Every trader shall, after the issue of licence or within one month of the date of acquiring the loudspeaker whichever is later, shall submit the following statements to the licensing officer-
(a) Chassis No. of every loudspeaker,
(b) Measurement and total wattage of every loudspeaker,
(c) Maximum No. of horn units to be used with every loudspeaker.
(2) The licensing officer shall make an inspection or enquiry as he deems fit and many, after such enquiry or inspection and for the reasons to be recorded grant or refuse to grant a licence under these rules.
xiv. Metal Plate:
(1) After submission of the statement by the trader in accordance with sub-clauses (a), (b) and (c) of clause (i) of Rule 13, the licensing officer, after necessary enquiry or inspection shall issue a metal plate indicating thereon the licence number, period of licence, chassis number of the loudspeaker and number of horn units with it.
(2) If no chassis number is written on the loudspeaker the trader may get his own number engraved in it but such a number shall neither be changed nor be engraved on any other chassis.
(3) The licence holder shall fix the metal plate on the loudspeaker and horns and shall not let out the loudspeaker unless the metal plate is fixed thereon.
xv. Prohibition for using loudspeaker without licence:
If any trader lets out any loudspeaker set without obtaining a licence therefore, or any person is found using the loudspeaker of the trader without there being any licence therefore, or if any person is found using any private loudspeaker without permission for its use, such a loudspeaker shall be taken into custody and shall be deposited in the Mahapalika.
The decision of the Mukhya Nagar Adhikari in regard to the release of such a loudspeaker shall be final.
xvi. Renewal of licence:
Every trader shall submit an application together with prescribed fee in form ‘B’ for renewal of licence fifteen days before the commencement of next financial year failing which Rs. 5 per day per loudspeaker shall be charged as late fee after the end of the financial year.
xvii. Fee for duplicate licence. A duplicate copy of the licence may be obtained on payment of Rs. 5 per licence in the event of loss or destruction of the licence.
xviii. Permission fee not refundable. The permission fee shall not be refunded for not availing the permission or in the event of cancellation of the permission.
Provided that the permission fee shall be refundable to the applicant in case the permission is cancelled by the Nagar Mahapalika or any Magistrate in public interest or because of enforcement of Section 144 of the Code of Criminal Procedure and the Licensing Authority, is satisfied that the permission has not been availed in any way.
xix. Traders register:
Every trader shall maintain a register in Form ‘C’ and before letting out any loudspeaker he shall enter into it the full name, address and permission of the hirer and such a register shall always be available for inspection by the Mahapalika authorities or for taking out extracts or copies from it.
xx. Mutation:
Mutation of name shall be made in the Mahapalika on payment of Rs. 5 per loudspeaker within one month from the date of taking possession of the loudspeaker on the basis of sale or transfer.
xxi. (1) The loudspeaker shall be bought or taken on rent only from those traders having a valid licence.
(2) The traders shall let out his loudspeakers to such persons who have obtained permission from the licensing authority for their use within the limits of Mahapalika.
(3) The Hirer and the licensee shall be jointly and severally responsible for use of the loudspeaker in accordance with the provisions of these rules and shall be liable accordingly.
xxii. Any loudspeaker which is found to be used in contravention of these rules shall be seized by licensing authority or by employees of Nagar Mahapalika not below the rank of Revenue Inspector or any police officer having jurisdiction in accordance with sub-section (27) of Section 4 of Uttar Pradesh General Clauses Act authorised by the Mukhya Nagar Adhikari who is competent to produce it together within the charge-sheet before the court having jurisdiction.
xxiii. Penalties and compounding of offences:
(1) Whoever keeps, lets or uses any loudspeaker in contravention of these rules shall be punished with fine which may extend to five hundred rupees, and in the case of continuing breach with fine which may extend to twenty rupees for every day during which the breach continues after conviction for first breach.
(2) Notwithstanding anything contained in sub-rule (1) the Mukhya Nagar Adhikari may compound any offence punishable under these rules on such terms and conditions as he thinks fit.
