Category Archives: Noise Pollution

The law on bursting Fire Crackers in Mumbai, India

What are the rules for buying Fireworks or Fire Crackers in Mumbai?

Please refer to our article on Buying fire crackers in Mumbai

What are the rules for bursting Fire Crackers?

The law on bursting Fire Crackers in Mumbai, India

The law on bursting Fire Crackers in Mumbai, India

Where can I complain about bursting of Fire Crackers on the Road or inside a building?

You can complain to the Mumbai Police by dialling 100 or by sending an SMS to 7738133133 / 7738144144.

Don’t forget to take photographs on your phone or camera, to show the cops when they come.

More information is coming soon.

Noise Pollution complaint in Delhi

This article guides the reader on how to complain about Noise Pollution in Delhi.

  • Chronic Noise Pollution (Industrial Noise)
    Complain to the Delhi Pollution Control Committee:[email protected]
  • Noise from processions, festivals and private establishments
    Call Delhi Police on 100

    Ask for a complaint number. You can use this Complaint Number to follow up by SMS or call. You do not need to give your name or identity. 

Please send us feedback about your complaint experience and which method worked best for you at info @ lawgic.info

Noise Pollution complaint in Bangalore

This article guides the reader on how to complain about Noise Pollution in Bangalore.

  • Chronic Noise Pollution (Industrial Noise)
    Complain to the Karnataka State Pollution Control Board:
    Call the Help Desk: 080-25589114
    Send an SMS Complaint to: 9449049049Email photographs of the location or offenders to:
    Chairman: [email protected]
    Member Secretary: [email protected]
    General: [email protected]
  • Noise from processions, festivals and private establishments
    Call Bangalore Police on 100 or 103Ask for a complaint number. You can use this Complaint Number to follow up by SMS or call. You do not need to give your name or identity. 

Please send us feedback about your complaint experience and which method worked best for you at info @ lawgic.info

Buying fire crackers in Mumbai? Read this first

Buying fire crackers in Mumbai? Read this first

Buying fire crackers in Mumbai? Read this first

This article explains the legal aspect of buying, bursting, displaying fire crackers in Mumbai. As more people are opting for noiseless crackers, many others are completely stopping the use of fire crackers, keeping in mind the pollution they cause.

What is a firecracker? How is it different from an explosive?

A fire-cracker or fireworks are defined in the Explosives Rules, 2008 as:

(24) “fireworks” means low hazard explosive comprising of any composition or device manufactured with a view to produce coloured fire or flame, light effect, sound effect, smoke effect (coloured or natural), or combination of such effects and includes fog-signals, fuses, rockets, shells, percussion caps;

A fire cracker is a type of explosive, which is of low hazard.

Who is authorised to sell fire crackers in Mumbai? From where should you buy fire crackers in Mumbai?

88. Fireworks to be sold from licensed premises only.—No person shall sell fireworks from any premises other than those licensed under these rules.

This means, that fire crackers being sold on hand carts, vehicles, cycles etc. are illegal. They maybe selling rejected or unlicensed material which maybe highly hazardous apart from being illegal.

Fire crackers for public display must be bought from the manufacturer directly.

Can I buy Fireworks from an online website?

Before you buy fireworks or fire crackers online, you will need to contact the vendor and confirm if he is licensed to sell fireworks and whether he is selling fireworks from the same premises which is licensed.

Ensure that the online fireworks vendor, wherever he may be located, complies with all the Indian Laws on fireworks.

If the fireworks vendor is licensed and complies with ALL other guidelines as per the Explosives Act and related laws, you may buy from that vendor. Else, the vendor may be selling illegal fireworks which are banned in India and which may be harmful or hazardous.

Immediately report illegal fireworks vendors as given below.

What are the rules for these licensed Fire cracker vendors?

84. Temporary shops for possession and sale of fireworks during festivals.—During festivals, the District Magistrate may issue temporary licences for possession and sale of fireworks in a temporary shop subject to the following conditions namely :—

  1. The fireworks shall be kept in a shed made of non-flammable material, which is closed and secured so as to prevent unauthorised persons having access thereto.
  2. The sheds for possession and sale of fireworks shall be at a distance of at least three metres from each other and fifty metres from any protected work.
  3. The sheds shall not face each other.
  4. No oil burning lamps, gas lamps or naked lights shall be used in the shed or within the safety distance of the sheds. Electrical lights, if used, shall be fixed to the wall or ceiling and shall not be suspended by flexible wire. Switches for each shop shall be fixed rigidly to the wall and a master switch shall be provided for each row of sheds.
  5. Display of fireworks shall not be allowed within fifty metres of any shed.
  6. In one cluster not more than fifty shops shall be permitted.

(43) “protected works” includes buildings or structures in which persons dwell, work or assemble, college, school, hospital, theatre, cinema house, shop, market, factory, place of worships, place of storage of hazardous substances, highway or public road, railway line, navigable waterways, cross country above ground pipelines, dams or reservoirs, overhead high tension power lines, but does not include cart tracks not in regular use, agricultural wells and pump sets connected therewith;

Are there any rules related to buying fire crackers?

Before you buy crackers, ensure that there is no label or declaration on the box stating that they are “not for sale in India” or “only for export in other countries”. If there is such label, DO NOT BUY these crackers, they are not according to Indian standards and maybe harmful.

Immediately report such vendors to the Department of Explosives using the details below:

Joint Chief Controller of Explosives
A-1 and A-2 Wing, 5th Floor, C.G.O. Complex, CBD Belapur,
Navi-Mumbai(Maharashtra) -400614
(022)27575946 27575946 27564941
[email protected]

 

7. Control over manufacture, import, export, transport, possession for sale or use of explosives.—No person shall manufacture, import, export, transport, possess for sale or use an explosive except as authorised or licensed under these rules.

9. No licence needed in certain cases.— Notwith-standing anything contained in rule 7, no licence shall be necessary for the following cases, namely :— (5) possession of fireworks not exceeding one hundred kilogram for own use and not for sale; (9) possession and sale from a shop of amorces and sparklers in quantity not exceeding one hundred kilogram.

Hence, it means that a person may buy upto 100 Kgs of fire crackers, for own PRIVATE use and not for sale. The purchase must be done only from a licensed vendor and must comply with the sound and noise limits.

If the fire crackers are to be used for PUBLIC display, then the rules are different.

Further, the Environment (Protection) Second Amendment Rules, 2006 state that:

A. (i) The manufacture, sale or use of fire-crackers generating noise level exceeding 125 dB(AI) or 145 dB(C)pk at 4 meters distance from the point of bursting shall be prohibited.

(ii) For individual fire-cracker constituting the series (joined firecrackers), the above mentioned limit be reduced by 5 log10(N) dB, where N = number of crackers joined together.

Which crackers are illegal or beyond permissible legal limits?

Please refer to this list for reports on the testing done on Fire Crackers. You will be able to identify the illegal fireworks.

I am having an event and want to display fireworks. Do I need special permission?

Yes. For public display of fire works, you need to apply for a license.

The license is valid for one month.

(i) Form AE-6;

(ii) Site Plan for public display of display fireworks;

(iii) Passport size photographs of the occupier alongwith documentary evidence of nomination as occupier as per rule 2;

(iv) Licence fee as per schedule IV Part 2;

(v) Public liability insurance.

License Fees = Rs. 500

Can fire crackers be burst on the road?

No. Under section 33 of the Bombay Police Act, 1951, bursting of Fire Crackers within 50 feet from a street or footpath or building is illegal.

33. Power to make rules or regulation of traffic and for presentation of order in public place, etc. [The Commissioner with respect to any of the matters specified in this sub-section, the District Magistrate with respect to any of the said matters (except those falling under Cls. 4[(a), (b), (d). (db), (e), (g), (r), (t) and (u)]) thereof and the Superintendent of Police with respect to the matters falling under the clauses aforementioned read with CI. (y) to this sub-section], in areas under their respective charges or any part thereof, may make, alter or rescind rules or orders not inconsistent with this Act for-

(h) licensing, controlling or, in order to prevent the obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passengers in the vicinity, prohibiting the carrying in streets and public places of gunpowder or any other explosive substances;

(u) prohibiting the setting fire to or burning any straw or other matter, or lighting a bonfire or wantonly discharging a firearm or airgun, or letting off or throwing a fire-work or, sending up a fire balloon or rocket in or upon or within fifty feet of a street or building or the putting up of any post or other thing on the side of or across a street for the purpose of affixing thereto lamps or other contrivances for illumination, except subject to such reasonable rules, as he may make in that behalf;

66. Duties of Police officers towards the public. It shall be the duty of every Police officer-

(f) to use his best endeavours to prevent any loss or damage by fire;
(g) to use his best endeavours to avert any accident or danger to the public.

Further, display of fireworks shall NOT be allowed within fifty metres of any shed selling fireworks, as mentioned earlier.

What is the penalty for flouting those rules?

1. Under section 131 of the Bombay Police Act, 1951

131. Penalty for contravening rules. etc., under Sec. 33. Save as provided in Sec. 131-A,
whoever:
(a) contravenes any rules or order made under Sec. 33 or any of the conditions of a licence issued under such rule or order, or
(b) abets the commission of any offence under Cl. (a) shall, on conviction be punished]-
(i) if the rule or order under which the said licence was issued was made under Cls. (d), (g), (h), (i), sub-clauses (i) and (ii) of Cl. (r) or C1. (u) of sub-section (1) of Sec. 35, with imprisonment for a term, which may extend to eight days or with fine which may extend to fifty rupees or with both;

Where can you file a complaint about Fire Crackers?

Joint Chief Controller of Explosives
A-1 and A-2 Wing, 5th Floor, C.G.O. Complex, CBD Belapur,
Navi-Mumbai(Maharashtra) -400614
(022)27575946 27575946 27564941
[email protected]

Complain to the Chief Controller of Explosives for:

  • Illegal fire cracker shops and vendors
  • Location of fire works shop within 50 meters from a Protected Work (see above)
  • Distance of less than 3 meters between 2 fire cracker shops
  • Fire crackers which violate Noise Limits or do not disclose their content
  • Sale of banned fire crackers

All District Magistrates, Police Officers the rank of a Sub-Inspector of Police and above  may also take the necessary action.

Complain to the Mumbai Police for:

  • Illegal fire cracker shops and vendors
  • Fire crackers which violate Noise Limits or do not disclose their content
  • Sale or use of banned fire crackers
  • Persons bursting crackers on the streets or footpath
  • Persons bursting crackers in a dangerous manner, posing a threat to life / property
  • Persons bursting crackers within 50 feet of a street or building.
  • Persons launching rockets into vehicular traffic, into houses or upon pedestrians

Complaints may be made in writing or email or by SMS.

SMS Mumbai Police at 7738133133 / 7738144144

Citizen’s Noise Map

You can also put photographs of illegal fire crackers vendors on the Facebook Page of the Awaaz Foundation Citizen’s Noise Map

THIS ARTICLE IS BEING CONSTANTLY UPDATED. PLEASE BOOKMARK THIS PAGE AND CHECK BACK SOON.

Related Article:

 

Noise Pollution Complaint in Mumbai

Before complaining try to  take a photo/video of pandals and processions violating noise limits. Don’t forget to take a pic of their banner or name too.
Even if the Loud Speaker deadline has been extended upto 12 midnight for any festival, you can still complain about NOISE over 45 db at any time during the day or night, especially near silence zones like schools, hospitals, religious places and courts.

Complaints about Noise Pollution in Mumbai are taken very seriously by the Police. You do not need to give your name or any details except the offence being complained of. Complaints can be made on the numbers mentioned below:

  1. Mumbai Police SMS Service: 7738 133 133 / 7738 144 144Noise Pollution Complaint in Mumbai
    SMS your complaint, mentioning the exact location of noise, causes, consequences (if any), the exact time since the noise has been persisting and also some identification of the party or group causing the noise. Sometimes, within 10 – 15 minutes of sending the SMS you may receive a verification call from the Police Control Room to confirm the address and provide further details of the noise.
    The SMS numbers do NOT receive calls. You need to dial 100 if you do not receive a response for the SMS complaints.
    Eg: Painful noise being caused by fire crackers Opp. Churchgate Station (W) from 12:30 am till now. Windows are vibrating with the noise.
    Eg: Noisy marriage procession playing very loud music in a Residential Area at SSR Colony, Bandra (E) since 2 hours.

    Eg: Religious procession bursting loud crackers on the road. The procession is causing noise pollution and blocking north-bound traffic on P D’Mello Road, Carnac Bunder.
    Eg: Fire crackers being burst at Cuffe Parade (Sunset garden) playground  since 5 am.
    Eg: Very loud music being played outside ABC Hospital (Silence Zone) at Tardeo by a political party rally since the past 2 hours.
    This method of complaining will enable the complainant also to have a record of the complaint on their phone, at the same time the SMS is received at the Commissioner of Police’s office, which in turn directs the local police to take action.
  2. Mumbai Police Control Room: 100 or 1090
    Call 100 and mention the exact problem you are facing.
    Don’t forget to ask for a complaint number. You can use this Complaint Number to follow up by SMS or call. You do not need to give your name or identity.
  3. Contact the Local Asst. Commissioner of Police (ACP) to escalate a complaint:
    Search for the number by selecting your police station: https://mumbaipolice.maharashtra.gov.in/index.asp
    Provide your complaint number and details of the noise to the ACP Office.
  4. Contact the Zonal Deputy Commissioner of Police (DCP) to escalate a complaint not solved by the ACP Office:
    Search for the number by selecting your police station: https://mumbaipolice.maharashtra.gov.in/index.asp
    Provide your complaint number and details of the noise to the Zonal DCP Office.
  5. Mumbai Police Website Form: (Last checked on 15-Apr-2016) http://mumbaipolice.maharashtra.gov.in/complaint.asp
    An automated email will be sent to your account confirming receipt of your complaint.
  6. Maharashtra Pollution Control Board (For escalating Industrial noise pollution complaints)
    Fill in the form on their website: http://mpcb.gov.in/grievances/grievances.php
    or send a letter in writing to:
    Maharashtra Pollution Control Board,
    Kalpataru Point, 3rd and 4th floor,
    Opp. Cine Planet, Sion Circle,
    Mumbai-400 022.
    Telephone – 022-24020781 / 24014701 / 24010437
Please send us feedback about your complaint experience and which method worked best for you at info @ lawgic.info

Thanks to lawgic website for guidance. I had to complain twice by SMS but noise was stopped by wireless van.

— RRA (Mumbai, 22-July-2013)

Fire Crackers stopped by SMS Complaint 3 times to both SMS numbers.

— AVB (Colaba, Mumbai, 27-May-2013)

 

Why Complain? Should I not wait for the noise makers to stop?

You might have come to this page through a Google Search on Noise Pollution and may be affected by noise in your area. The fact that you had to come all the way here, shows that the noise is a nuisance which must be stopped at the earliest.

Waiting for the noise to stop is a good idea, if it is a momentary burst. But most of the time the noise problem is chronic.

The police is not going to get a dream about noise pollution in your area. They may also be hesitant to act on their own, but are waiting for an excuse to act against the offenders. That excuse maybe your complaint.

Everyone has a right to live peacefully, without any disturbance.

India maybe the only country in which noise goes unchecked, although we have strict laws on it. It is a contributory factor to so many youngsters migrating abroad to get away from this nonsense in our society.

Don’t Tolerate – Complain Now. Its simple!

Should I not wait for others to complain first? Why should I be the first one?

Others maybe thinking the same thing. More people complaining is the only way the police will react sooner in future.

Doesn’t the police have better things to bother about?

Let them decide that. You do your duty and let them do theirs.

They will definitely prioritize your complaint based on other complaints received at the same time.

A political party / religious group is making noise and having a long procession with loud music. I am scared to complain against them.

This is exactly why this article was written. Noise has no religion. It affects everyone.

In no religion, is the causing of public nuisance acceptable. Similarly, if any other religion were to make the same type of noise continuously, the others would not tolerate it. Hence, noise made by religious groups is to be treated with the same stick as any other noise.

The same goes for political parties. They are no more privileged than any other non-political group. You will also get a lot of support from other political parties, against their rivals. If they are identifying themselves as a political party, they should also be punished as a political party. Identify them clearly in your complaint. (Also remember not to vote for them in the next elections)

Remember, you do not need to give your name or address or any other details. If the police are suspecting mischief by you, they can approach a Senior Officer and trace your number. This should give them a good enough reason not to insist on any other details.

Benefits of complaining:

  • You will be silently thanked by numerous senior citizens, birds, animals, children, parents and authorities in the area, for stopping the noise. Imagine the number of paralysed senior citizens, stray dogs, infants and handicapped persons you will be helping.
  • In future the police may deny permissions to that group or party for organising a procession or event, due to previous complaints of public nuisance.
  • The group can be clearly identified as being a chronic problem in the area.
  • Fines and penalties can be levied on the offenders.
  • The complaint goes on record and will show up in future data (like RTI Applications) on Noise Pollution and will be useful for Activists in seeking a legal solution to the problem.
  • Your local police will be more vigilant and may act on their own in future, if they see multiple citizens actively complaining.
  • The noise makers will be more sensitive when they know that others are being aggrieved by their acts. If they still continue then they are deliberately doing it and should be punished severely.

I read many comments about activists targeting only certain religious festivals or certain religious places? What about other religions causing noise?

Noise is universal.

Exactly like terrorism, Noise knows no religion. Noise will affect a Hindu, Muslim, Christian, Sikh, Parsi, Buddhist, Jain and even an Atheist, in the same way and in the same proportion.

Noise will have disastrous effects on a Shiv Sena worker, as much as it will be a pain for a Congress worker or BJP loyalist. All political party workers will be as much affected by the fire crackers as their rivals. Maharashtrians, Gujaratis, North Indians are all affected equally.

But still, if you feel that a certain religious building or group is making noise and it needs to stop, PLEASE COMPLAIN ABOUT IT. The cops will not ask you for your religious or political affiliation when registering your complaint. Neither will the court.

Important Rules and Case Laws on Noise:

  • Church Of God (Full Gospel) in India versus KKR Majestic Colony Welfare Association and Others (30-Aug-2000 Supreme Court of India)

    …..no religion prescribes or preaches that prayers are required to be performed through voice amplifiers or by beating of drums…..

  • Birangana Religious Society v. Orissa, 1996 100 Cal WN 617
  • P A Jacob v. S. V. Kottayam, AIR 1993 Ker 1
  • Sayeed Maqsood Ali v The State of M.P.

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