RAJASTHAN NOISES CONTROL ACT, 1963
(ACT NO. 12 OF 1963)
Published in Rajasthan Gazette Part 4-A Extraordinary Dated 29.4.1963.
[Received the assent of the Governor on the 29th of April 1963]
An act to provide for the control of noises in the State of Rajasthan.
Be it enacted by the Rajasthan State Legislature in the Fourteenth year of the Republic of India as follows:-
1. Short title, extent, commencement and application.- (1) This Act may be called the Rajasthan Noises Control Act, 1963.
(2) It extends to the whole of the State of Rajasthan.
(3) This section and sections 2 and 9 shall come into force at once.
(4) The remaining provisions of this Act shall come into force on such date and in such areas as the State government may notify in the official Gazette, and different dates and different areas in the State may be so notified in respect of different sections.
2. Definitions- In this Act, unless the subject or context otherwise requires.-
(i) 'loud-speaker' or 'sound amplifier' means an instrument whereby soft sounds, whether vocal, instrumental or recorded, are augmented,
(ii) 'public place' means a place (including a road, street or way, whether a thoroughfare or not, and a landing place) to which the public have access or have a right to resort or over which the public have a right to pass.
3. Declaration and prohibition of nocturnal noise. - (1) In any area to which this section may be applied under sub-section (4) of section 1, the District Magistrate or any other officer empowered by the State Government in this behalf may, by notice given in such manner as may be prescribed and in such other manner as he thinks fit, declare any noises produced during such hours of the night as may be specified in the notice, whether vocally or by a loud-speaker or a sound amplifier or otherwise, which, in his opinion, is likely to cause annoyance or serious inconvenience to the public to be nocturnal noise.
(2) Nocturnal noise shall be prohibited by notice given by the District Magistrate or by any other officer empowered by the State Government in this behalf in such manner as may be prescribed and in such other manner as he thinks fit.
4. Restriction against use and play of loud speaker. - No person shall use or play a loud-speaker or a sound amplifier for broadcasting any speech, sermon,music or radio programme or shall attach the same to any wireless receiving set or gramophone-
(a) within such distance as may be prescribed-
(i) from a hospital or from a building in which there is a telephone exchange, or
(ii) from any educational institution managed, maintained, recognised or controlled by the State Government or a University established under any law for the time being in force or a local authority, during the hours of working of such institution, or
(iii) from any hostel maintained or recognised by the State Government or a University or a local authority when such hostel is in the use of students, or
(iv) from a building in which a court or Government office is held during the hours of working of such court or office, or
(b) between the hours of .11 p.m. and 5 a.m., without the permission in writing of the prescribed authority:
Provided that nothing in this section shall apply to the use in a place, other than a public place, of a sound amplifier which is a component part of a wireless apparatus duly licensed under any law for the time being in force.
5. Power to prevent noises at any time and at any place - The District Magistrate or any other person authorised by the State Government in this behalf may, on being satisfied that in his opinion it is necessary in the public interest so to do, by an order in writing recording reason therefor, prohibit noise of any kind whatsoever, including the amplification thereof, in any place and at any time.
6. Penalties. - Whoever contravenes or attempts to contravene or abets the contravention of the provisions of this Act or acts contrary to any other lawfully made under this Act shall, on first conviction, be punished with fine which may extend to two hundred and fifty rupees and on second or subsequent conviction be punished with imprisonment of either description which may extend to one month or with fine which may extend to two hundred and fifty rupees or with both.
7. Procedure. - An offence under this Act shall be cognizable, bailable and triable by a Magistrate of the first class.
8. Power of police to arrest - It shall be lawful for a police officer not below the rank of a Sub-Inspector to require any person acting contrary to the provisions of this Act or any order lawfully made thereunder to abstain from so doing; and, in case of refusal or disobedience, to arrest such person as if he has committed a cognizable offence.
9. Power to make rules - (1) The State Government may, subject to the condition of previous publication, make rules generally for carrying out the purposes of this Act and, in particular, for providing for matters which, under any provision of this Act, may be, or are required to be, prescribed or for which, under such provision, rules may be or are required to be made.
(2) All rules finally made under this Act shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and, if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
10. Repeal.- The Ajmer ( Sound Amplifiers Control) Act, 1952 (Ajmer Act 3 of 1952) and other corresponding laws in force in any part of the State are hereby repealed.
Notification
[Notification No. F.17 (24) Home (A-Gr.I) 58, August 14, 1964] - In exercise of the powers conferred by sub-section (4) of Section 1 of the Rajasthan Noises Control Act, 1963 (Raj. Act No. 12 of 1963), the State Government hereby appoints the First day of September, 1964, as the date on which provisions of section 3 to 10 of the said Act, shall come into force within the municipal limits of the following towns namely-
Ajmer Alwar
Beawar Bikaner Ganaganagar
Jaipur Jodhpur Kota Sikar Udaipur
[Notification No. F. 16 (9) Home (A-Gr.I)/66, July 26, 1967]- in exercise of the powers conferred by sub-section (4) of section 1 of the Rajasthan Noises Control Act, 1963 (Rajasthan Act No. 12 of 1963), the State Government hereby appoints the 15th day of August, 1967, as the date on which provisions of Section 3 to 8 and 10 of the said Act, shall come into force within the municipal limits of the following cities or towns, namely
1. Ladnu
2. Fatehpur
3. Hanumangarh
Home (Gr. V) Department
[No. F. 23 (3) Home Gr. V/73, August 27, 1973] - In exercise of the powers conferred by sub-section (4) of Section 1 of the Rajasthan Noises Control Act, 1963 (Rajasthan Act No. 12 of 1963), the State Government hereby appoints the 5th day of September, 1973, as the date on which provisions of Section 3 to 8 and 10 of the said Act, shall come into force within the municipal limits of the following towns of the district Sawai Madhopur, namely-
1. Hindaun 2. Gangapur 3. Karauli
Home (Gr. V) Department
Notification No. S.O. 59, dated June 2, 1973] - In exercise of the powers conferred by sub-section (4) of Section 1 of the Rajasthan Noises Control Act, 1963 (Rajasthan Act No. 12 of 1963), the State Government hereby appoints the 31st day of May, 1973, as the date on which provisions of Section 3 to 8 and 10 of the said Act, shall come into force within the municipal limits of the following towns of the district Bharatpur namely-
1. Dholpur
2. Bayana
3. Deeg |
