ORDER 27.03.2008 — This Misc. Case has been filed by the Executives of Cuttack Mahanagar Band Party Association for modification/clarification of the order dated 7.12.2007. By the said order dated 7.12.2007, it was directed that in marriage processions only one sound box shall be used. The appli¬cant - association has pleaded that minimum requirement of sound box to play music is six in number, each being required for one type musical instrument, which are used in band party. It has been further stated that the cumulative sound effect of all six sound boxes will not exceed the sound limit as fixed by the Hon’ble Supreme Court. On this ground, it has been sought for that necessary directions should be issued in modification of the order dated 7.12.2007 for using at least six sound boxes. The State Pollution Control Board was asked to give its reaction to this Misc. Case, and, accordingly, an affidavit has been filed by the State Pollution Control Board annexing thereto the notification issued by the Forest and Environment Department, Government of Orissa, dated 12.2.2002. The said notification prescribes as follows:- “No. ENV-I-10/2000-2849/F&E. In exercise of the powers conferred by clause (c) of rule 2 of the Noise Pollution (Regula¬tion and Control) Rules, 2000, the State Government do hereby designate the District Magistrates, the Additional District Magistrates, the Sub-divisional Magistrates, the Superintendent of Police, the Additional Superintendent of Police, the Deputy Superintendent of Police and the Sub-divisional Police Officers of the concerned districts and Sub-divisions respectively as the “authority” for maintenance of ambient air quality standards in respect of noise. By order of the Governor A.S. Sarangi. Principal Secretary to Government.” Mr. Srimanta Das, learned counsel appearing for the State Pollution Control Board submits before this Court that the number of sound boxes used in producing a sound do not regulate the intensity of the sound, i.e. the decibels of sound produced and wattage of the sound boxes only indicate the power consumed by the sound boxes but not the intensity of the sound produced, which is measured in decibels. He has further produced the liter¬ature showing that the amplifiers used or the level of volume in an amplifier increases or decreases the decibels of the sound. Upon instruction, Mr. He has further produced the liter¬ature showing that the amplifiers used or the level of volume in an amplifier increases or decreases the decibels of the sound. Upon instruction, Mr. Das submits that if SOUND LIMITERS are fixed to the amplifiers used by the band parties and such sound limiters have prefixed decibels of out put of sound, then even increasing volume in the amplifier will not produce sound of greater decibels than what is prefixed in the sound limiter. He has further contended that apparatus, such as, sound level meters are there, by which, the sound produced by any band party can be measured. Considering the notification of the State Government, as quoted above and the submission of Mr. Srimanta Das, we frame the following guidelines in modification of our order dated 7.12.2007 with regard to marriage procession (BARAT Processions) in the State :- (i) All band parties using amplifiers along with some boxes and various musical instruments as well as D.Js shall install SOUND LIMITERS connected to the amplifiers so that the decibels of sound produced by such amplifiers will not exceed 65 dB. (ii) All the Police Stations should be provided with sound level meters and at the first instance, the State should provide such sound level meters to all the Police Stations in the twin city of Cuttack and Bhubaneswar. This shall be done within a period of three months from today. (iii) The Sub-Collectors, to whom, applications for licence for a procession in a BARAT Party are made, will mention in the licence that the sound limiter fixed to the amplifier of the said band party limits the decibels of sound to 65 dB. and for this purpose, the out-put of the sound produced has been measured by the Inspector-in-charge/Officer-in-Charge of the respective police station under whose jurisdiction the procession shall start, by means of a sound level meter. Such intensity of sound, i.e. 65 dB. shall be maintained by the band party throughout the procession and in the event, it is detected in course of the procession that sound of a greater intensity than 65 dB. is being produced by the instruments of the band party, all the musical instrument shall be seized by the concerned police authority and proceeding for violating the sound pollution norms shall be initiated against them. is being produced by the instruments of the band party, all the musical instrument shall be seized by the concerned police authority and proceeding for violating the sound pollution norms shall be initiated against them. (iv) As a preliminary measure, since we are alive to the situa¬tion that it will take some time for the State Government to provide sound level meters to all the Police Stations, the Pollution Control Board shall make random checks of any such processions, while in progress, for determining the intensity of sound which is being produced by the band party and for this purpose, the concerned police authority shall render all assist¬ance to the officials of the Pollution Control Board. If on such determination by the authority of the Pollution Control Board, the sound produced is found to exceed the limit of 65 dB., the same action of seizure as mentioned above, shall be taken against the concerned band party. (v) All band parties, after fixing sound limiter with their amplifiers, shall register their respective names before the concerned Sub-Collectors, who shall maintain a register of the names of such band parties, who have already interfaced pre-set sound limiters with maximum out put level of sound of 65 dB. to the amplifiers and only such registered band parties will be granted licence for BARAT parties (marriage procession). The Misc. Case is accordingly disposed of. Misc. Case disposed of.