RAJASTHAN NOISES CONTROL ACT, 1963???????????????????????????? THE RAJASTHAN NOISES CONTROL ACT, 1963 [Act No. 12 of 1963] [29th 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)
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. In this Act, unless the
subject or context other-wise requires,-- (i)
"loud-speaker" or "sound amplifier" means an
instrument where by soft sounds, whether vocal, instrumental or recorded, are
augmented; (ii)
''public place" means a place (including a road, street or
way, whether a thorough fare 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. (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 noise
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. No person shall use or play
a loud-speaker or abound 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. 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 reasons therefor, prohibit noise of any kind
whatsoever, including the amplification thereof, in any place and at any time. Whoever contravenes or
attempts to contravene or abets the contravention of the provisions of the Act
or acts contrary to any order 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. An offence under this Act
shall be cognizable, bailable and triable by a Magistrate of the first class. 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. (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 Mouse 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. 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.
Preamble - RAJASTHAN NOISES CONTROL ACT, 1963PREAMBLE