Hi
http://www.envfor.nic.in/legis/noise/noise.html
The devil is in always the detail --> RULES RULES RULES !!!!
"7. Complaints to be made to the authority.
(1) A person may, if the noise level exceeds the ambient noise standards
by 10 dB(A) or more given in the corresponding columns against any area/zone,
make a complaint to the authority.
(2) The authority shall act on the complaint and take action against the
violator in accordance with the provisions of these rules and any other law in
force. "
"2(c) "authority" means any authority or officer authorised by the Central
Government, or as the case may be, the State Government in accordance with the
laws in force and includes a District Magistrate, Police Commissioner, or any
other officer designated for the maintenance of the ambient air quality
standards in respect of noise under any law for the time being in force;"
NB: So effectively the enforcement lies with the DM or the Police (see also
rule 8). The State PCB's (as Ajay has spelt out) are only monitoring and
advisory bodies.
You may note the careful wording -->."exceeds the ambient noise standards".
-->> STANDARDS !!!
Here is what the SC said in 2005
http://kspcb.kar.nic.in/DIRECTIONS-Noise-supreme%20court.pdf
BTW: There is a major campaign on to get the Noise Rules amended (ie.
DOWNGRADED) again by the Land mafia --> which is so active in Mumbai. Several
NGOs have been coopted by the Planning Commission to obfuscate the issue. As
usual the ever vigilant Moderators of this group will not allow this groups
resources to be misused by NGO touts.
Sarbajit
--- In [email protected], "bokadajay" <bokada...@...> wrote:
>
> Sarabjit ji/ Mrs. Warpen,
>
> I checked the Air ( Prevention & Control of Pollution) act 1981 at the Min of
> Environment & Forests website.
> http://moef.nic.in/modules/rules-and-regulations/air-pollution/
>
> This is what I found ( pl. see specifically 1(a) & (f))
>
> State Pollution Control board is to secure the execution of plan to
> prevent,control, abatement of pollution & take steps for prevention, control
> & abatement of air pollution.
>
> In fact there is a provision of harsh penalty to violators in the act.
>
> To my surprise I did not find even the mention of police in the act (
> something wrong here? need to be rechecked)
>
> 17. Functions of State Boards.
>
> (1) subject to the provisions of this Act, and without prejudice to the
> performance of its functions, if any, under the Water (Prevention and Control
> of Pollution) Act, 1974 (Act 6 of 1974), the functions of a State Board shall
> be-
>
> (a) to plan a comprehensive programme for the prevention, control or
> abatement of air pollution and to SECURE the execution thereof-,
>
> (b) to advise the State Government on any matter concerning the
> prevention, control or abatement of air pollution;
>
> (c) to collect and disseminate information relating to air pollution;
>
> (d) to collaborate with the Central Board in organising the training of
> persons engaged or to be engaged in programmes relating to prevention,
> control or abatement of air pollution and to organise mass-education
> programme relating thereto;
>
> (e) to inspect, at all reasonable times, any control equipment,
> industrial plant or manufacturing process and to give, by order, such
> directions to such persons as it may consider necessary to take steps for the
> prevention, control or abatement of air pollution;
>
> (f) to inspect air pollution control areas at such intervals as it may
> think necessary, assess the quality of air therein and TAKE STEPS for the
> PREVENTION, CONTROL or ABATEMENT of air pollution in such areas;
> --- In [email protected], "bokadajay" <bokadajay@> wrote:
> >
> > Sarbajit ji,/ Mrs. Warpen,
> >
> > Reproducing below relevant portion from the order of HC Bombay PIL WRIT
> > PETITION NO. 85 OF 2007
> > AWAAZ Foundation and another ).. Petitioners
> > Versus
> > The State of Maharashtra and others
> >
> > Quote
> >
> > We find it unnecessary to go into the question as to who is the
> > competent authority to do what part of their duties.
> > Suffice it to note that the Maharashtra Pollution Control Board,
> > Commissioner of Police, the State Government and/or the Municipal
> > Corporation are responsible for complying with and enforcing the law and
> > they ought to perform their duties without unnecessary delay.
> > Unquote
> >
> > I quickly went thru the act but could not locate competent authority now.
> >
> > Will try again tomorrow.
> >
> > Thanks & Rgds
> > --- In [email protected], Daphne Warapen <dwarapen@> wrote:
> > >
> > >
> > >
> > >
> > >
> > > Dear Mr. Sarbajit
> > > Thanks for the clarification that was very quick.I stand corrected after
> > > your explanation. I am in agreement with you that mediareports etc. do
> > > not have credence  in court.
> > > However, since the concerned MPCB officers wanted to convey to Mr.Marathe
> > > that it was not their responsibilities and directed him to the Police, Â
> > > they could have given Mr. Marathe the parameters of their duties and
> > > responsibilities.Such information could then be disseminated so that in
> > > future, Â others will know where to direct their queries and seek
> > > information for such matters. mrs.warapen.
> > > Â
> > > Â
> > > Â
> > > Â
> > > From: sarbajitr <sroy1947@>
> > > Subject: [rti_india] Re: RTI to MPCB( Maharashtra Pollution Control
> > > Board) on Noise Pollution during
> > > To: [email protected]
> > > Date: Thursday, 3 December, 2009, 21:15
> > >
> > >
> > > Â
> > >
> > >
> > >
> > > Dear Mrs Warapen / Ajay
> > >
> > > 1) The MPCB is correct - Under the Nopise Pollution Rules r/w Environment
> > > Act primary responsibility to control Noise Pollution, Loud Speaker
> > > menace etc. is with the POLICE.
> > >
> > > 2) The answers MPCB has given you is perfect.
> > >
> > > 3) Reliance on newspaper reports to file RTIs is a cheap, lazy and
> > > cowards way out. In the old days all those PIL-filing busybodies used to
> > > rush to court on the basis of newspaper reports. The courts have got wise
> > > to them and don't pay much credence to them nowadays.
> > >
> > > Sarbajit
> > >
> > > --- In rti_in...@yahoogrou ps.com, Daphne Warapen <dwarapen@ .> wrote:
> > > >
> > > > Dear Mr.Ajay,
> > > > The ludicrous answer you received in reply to your rti is not
> > > > surprising.We all are conversant with the kind of officers weà deal
> > > > with. Their answer deserves the status of the 3 Rs. ROBOTIC, REPUGNANT,
> > > > RIDICULOUS. Can we expect responsible answers to questions raised from
> > > > officers who are there to bid their time and tenure and have no qualms
> > > > of duties and responsibilites. One thing they have failed to read from
> > > > your RTI that you need certified copies. Are they providing certified
> > > > copies when we take print outs from the net. If this be the case then
> > > > why waste time on RTIs if such certified information can be sought of
> > > > from the net. In my opinion its neither a pollution control or
> > > > pollution reporting board. Either way they would have understood your
> > > > queries and provided you with certified information that they
> > > > possessed.. To me they are a broadcasting board that directs you to see
> > > > the website and other departments à and absolves themselvesà from Ã
> > > all
> > > > responsibilities.Ã mrs.daphne warapen.
> > > > Ã
> > > >
> > > > Ã
> > > >
> > > > From: ajay marathe <marathe.ajay@ ...>
> > > > Subject: [rti_india] RTI to MPCB( Maharashtra Pollution Control Board)
> > > > on Noise Pollution during Deepawali
> > > > To: rti_in...@yahoogrou ps.com
> > > > Date: Thursday, 3 December, 2009, 20:23
> > > >
> > > >
> > > > Ã
> > > >
> > > >
> > > >
> > > >
> > > > RTI to MPCB( Maharashtra Pollution Control Board) on Noise Pollution
> > > > during Deepawali
> > > > Ã
> > > > Info asked & Recd:
> > > > Ã
> > > > TOI dated Oct 22, 2009 carried a report titled ââ¬Å"This was a noisy
> > > > Diwali: MPCB reportââ¬ï¿½
> > > > The newspaper cutting was attached to the RTI application.
> > > > Ã
> > > > 1)Ã Ã Ã Ã Ã Request a certified true copy of this report -/
> > > > Reply---- The report is available on the website of MPCB i.e.
> > > > www.mpcb.gov. in
> > > > 2)Ã Ã Ã Ã Ã Request decibel levels measurement report ( certified
> > > > true copy) in Mumbai, Navi Mumbai, Thane, & remaining part of
> > > > Maharashtra either measured by MPCB or available with MPCB during day
> > > > time & night time.- / Reply---- see 1 above.
> > > > 3)Ã Ã Ã Ã Ã I understand that decibel level measuring instruments
> > > > were given to Police & Municipal Corporation. Request decibel level
> > > > measurement report by both of them-/ Reply ---- the noise measuring
> > > > instruments were given to only Police. MPCB does not have these
> > > > instruments. The info is available with police
> > > > 4)Ã Ã Ã Ã Ã In case these decibel levels were higher than norm,
> > > > request steps taken by MPCB, if any. -/ Reply ---- Please see 3 above.
> > > > 5)Ã Ã Ã Ã Ã In case any action was not taken, request report
> > > > citing reasons for the same ( if prepared) or file noting about it. -/
> > > > Reply ---- Please see 3 above.
> > > > Ã
> > > > Comment: Is it a pollution control board or pollution reporting board?
> > > > Ã
> > > > Ã
> > > > Thanks & Rgds
> > > > Ã
> > > > Ã
> > > > Ã
> > > >
> > > > --
> > > > Thanks & Rgds
> > > >
> > > > Ajay Marathe
> > > >
> > > > Vashi, Navi Mumbai, Maharashtra
> > > >
> > >
> >
>
