Background
The Jammu and Kashmir Instruments (Control of Noises) Act, 1959 was enacted to regulate noise pollution caused by the use of loudspeakers, amplifiers, and similar instruments. The Act empowers authorities to impose restrictions on the use of such instruments to maintain public order and protect the quality of life in surrounding areas
Applicability
The restriction applies to any person or entity in Jammu & Kashmir that use instruments such as loudspeakers or amplifiers. Under Section 3 and 6, no person shall use or operate these instruments in premises at such pitch or volume as to be audible beyond the precincts, unless prior written permission is obtained from the District Magistrate or authorized officer, subject to specified conditions.
Compliance requirements under the Act
No person shall use or operate any instrument in premises at such pitch or volume as to be audible beyond the precincts thereof, except under the written permission of the District Magistrate or any officer authorized by him and subject to attached conditions. “Instrument” includes loud-speakers, amplifiers, and other apparatus for playing sounds as declared under the Act. This restriction does not apply to instruments used by Government departments or loud-speakers fitted with cinema machines.
No person shall use or operate any instrument between 10:00 PM and 6:00 AM, except with the written permission of the District Magistrate or any authorized officer and subject to attached conditions. “Instrument” includes loud-speakers, amplifiers, and other apparatus for playing sounds as declared under the Act. The restriction does not apply to use of instruments by Government departments or to loud-speakers fitted with cinema machines.
No audio system or public address system shall be let out or installed without being fitted with a sound limiter in any Government or Non-Government function in the Union Territory of Jammu and Kashmir.
No sound system shall be sold, purchased, supplied, or used by any manufacturer, dealer, shopkeeper, agency, or individual without being fitted with a sound limiter in the Union Territory of Jammu and Kashmir.
Penalties & Punishments
Section 5: Whoever contravenes the provisions of this Act shall be liable to be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both
As per Environment Protection Act
Section 15 of EPA 1986 –
(1)Where any person contravenes or does not comply with any of the provisions of this Act or the rules made or orders or directions issued thereunder for which no penalty is provided, he shall be liable to penalty in respect of each such contravention which shall not be less than ten thousand rupees but which may extend to fifteen lakh rupees.
(2) Where any person continues contravention under sub-section (1), he shall be liable to additional penalty often thousand rupees for every day during which such contravention continues.
Section 15A. Penalty for contravention by companies.—
(1) Where any company contravenes any of the provisions of this Act, the company shall be liable to penalty for each such contravention which shall not be less than one lakh rupees but which may extend to fifteen lakh rupees.
(2) Where any company continues contravention under sub-section (1), the company shall be liable to additional penalty of one lakh rupees for every day during which such contravention continues.
Conclusion
The restriction ensures that factories and workplaces in Jammu & Kashmir maintain noise levels within permissible limits to safeguard both employees and the public. By mandating prior permission for using sound instruments, the law balances industrial needs with environmental and social welfare. Non-compliance may attract penalties including imprisonment or fines, reinforcing the seriousness of adhering to noise control norms.
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