The Noise Pollution (Control) Rules 2006 were adopted under Section 20 of the Bangladesh Environment Conservation Act 1995 with a view to laying down the specific guidelines regarding noise pollution and the degree of allowable noise in different areas.

The Rules lay down the permitted noise levels for both day and night-time in five types of areas- silent areas, residential areas, mixed areas, commercial areas and industrial areas. Silent areas include hospitals, educational institutions, offices and similar establishments, and their surrounding 100-meter area. Silent areas are areas where the noise level is to be kept at the lowest (50 decibels at day and 40 decibels at night); permitted noise level for residential areas is 55 decibels at day and 45 decibels at night. In industrial areas, where the highest noise levels are permitted, the limit is 75 decibels at day and 70 decibels at night. As per the Rules, the hours between 6 am and 9 pm are to be considered as daytime, and the remaining hours are considered as night-time. A separate range is prescribed for vehicular noise under Schedule-2 to the Rules, and the use of horns is completely prohibited in areas identified as silent areas.

However, in case of any social (weddings), cultural (sports, concerts, melas, hats and bazars) or political events in open or partially open spaces, the sound level can be exceeded if permission is obtained three days before the event. In case of urgent situations, permissions can be sought one day in advance as well. However, no such permission will allow for such exceedance beyond five hours and in any case, the time extension can be only up to 10 pm.

The Rules also state that no construction machines used to process and break down building materials (bricks, stones etc.) shall be used within 500 meters of any residential areas and such machineries cannot be used between 7 pm and 7 am except without the permission of the concerned authorities.

The Rules provide that any person can contact the concerned authorities with any complaints regarding excessive noise or contravention of the Rules either verbally or over phone or in writing, and it states that officials empowered under the 1995 Act can, in pursuance of the Rules, enter an establishment and confiscate any noise producing instrument.

The Rule allows the concerned officials to issue a written direction for the violation of the prescribed limits, the non-compliance with which is an offence punishable with imprisonment up to 1 month and/or fine up to 5,000 BDT. For repeated offence, one may be imprisoned up to 6 months and/or fined up to 10,000 BDT.

However, the Rules do not apply to religious events in mosques or temples and events on important national events such as Independence Day, Bengali New Year, International Mother Language Day, etc. They also do not apply to important announcements made by governmental organisations and during the official functions of the military or law enforcement agencies. Furthermore, an exception is made under the Rules for national and local election campaigns in all areas except the silent areas, subject to the permission of the Election Commission or other concerned authorities.

From Law Desk.