Central Information Commission
Ms.Sumaira Abdulali vs Ministry Of Environment And Forests on 30 April, 2012
CENTRAL INFORMATION COMMISSION
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Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/001379/18673
Complaint No. CIC/SG/C/2011/001379
Complainant : Ms. Sumaira Abdulali
74, New Silver Home,
New Kuniwadi Road,
Bandra (West): Mumbai - 400050
Respondent : Mr. R. N. Jindal
PIO & Additional Director (CP Division),
Ministry of Environment and Forests,
Government of India, Paryavaran Bhavan
CGO Complex, Lodhi Road,
New Delhi 110003
Complaint filed on : 08/11/2011
Date of Hearing : 30/04/2012
Facts arising from the Complaint:
The Complainant has filed a Complaint under Section 18 of the RTI Act on 08/11/2011 contending that information regarding tests carried out on fire crackers for hazardous chemical content and noise level by agencies authorized by MOEF be disclosed on the website of MOEF under Section 4 of the RTI Act.
Thereafter, the Commission received a letter dated 21/02/2012 from the CPIO & Scientist 'E' addressed to the Chief Controller of Explosives, Petroleum and Explosives Safety Organisation (Maharashtra). The contents of the letter have been reproduced as follows:
"...
03. As far as Noise Standards for Fire Crackers vide G.S.R. 682(E), dated 05.10.1999 [S.No. 89 under Schedule I of the Environment (Protection) Rules, 1986] and amendments, dated 16.10.2006 therein are concerned, both are loaded on the website of this Ministry [Rules and Regulations-- Environment Protection--Rules--Environmental Standards] having mention that Petroleum and Explosives Safety Organisation (PESO) would implement the said Noise Norms.
04. It is understood that PESO has undertaken a study in association with MEPCO Schlenk Engineering College, Sivakasi, in compliance of orders, dated 18.07.2005 of Hon'ble Supreme Court in W.P. (C) No. 72 of 1998, with Civil Appeal No. 3735 of 2005 (arising out of SLP (C) No. 21851/2003):Forum, Prevention of Envn. & Sound Pollution vs. Union of India & Anr. - in re. Noise Pollution - Implementation of the Laws for restricting use of loudspeakers and high volume producing sound systems. PESO may consider loading the said report on their website.
05. Please inform if, the outcome report on 'Environment Friendly Fireworks' of said study has been accepted by your office or the Central Government. And, in case, a circular/direction has been issued for implementation of the findings of the said study report, a copy of same may be provided to this Ministry.
06. PESO may also consider loading the information about noise testing of fire crackers on its website, in accordance with Section 4 of the RTI Act, 2005 for public disclosure of the information in respect of sampling and testing of fire crackers for noise norms, etc."Page 1 of 2
The CPIO & Scientist 'E' requested PESO to inform its stand in the matter so that the Commission can be intimated about the same.
Further, the Commission received a letter dated 21/02/2012 from the CPIO & Scientist 'E' addressed to the Complainant wherein the latter was informed as follows:
"...
02. As far as Noise Standards for Fire Crackers vide G.S.R. 682(E), dated 05.10.1999 [S.No. 89 under Schedule I of the Environment (Protection) Rules, 1986] and amendments, dated 16.10.2006 therein are concerned, both are loaded on the website of this Ministry [Rules and Regulations-- Environment Protection--Rules--Environmental Standards] having mention that Petroleum and Explosives Safety Organisation (PESO) would implement the said Norms.
03. PESO has undertaken a study in association with MEPCO Schlenk Engineering College, Sivakasi, in compliance of orders, dated 18.07.2005 of Hon'ble Supreme Court in W.P. (C) No. 72 of 1998, with Civil Appeal No. 3735 of 2005 (arising out of SLP C) No. 21851/2003) Forum, Prevention of Envn. & Sound Pollution vs. Union of India & Anr. - in re. Noise Pollution - Implementation of the Laws for restricting use of loudspeakers and high volume producing sound systems.
04. PESO has been requested to load the information on their website."
By hearing notice dated 19/01/2012, the Commission scheduled the matter on 07/03/2012 for hearing. However, due to unforeseen circumstances, the said hearing was cancelled. Thereafter, by hearing notice dated 13/04/2012, the matter was rescheduled to 30/04/2012.
Relevant Facts emerging during the hearing:
The following were present:
Complainant: Ms. Sumaira Abdulali on video conference from NIC-Mumbai Studio; Respondent: Mr. R. N. Jindal, PIO & Additional Director (CP Division);
The PIO has given submission and pointed out that the issue of testing of Noise Level for Fire Crackers at manufacturing stage is within the jurisdiction of Petroleum and Explosives Safety Organization (PESO) and they are reportedly taking samples from the market and testing them for noise level compliance as per notification of the Government of India of October 1999. He also submits that the right body to putup these reports will be PESO. The PIO has written a letter to PESO on 21/04/2012 and issued a reminder on 19/03/2012. The Commission appreciates the interest taken by the Complainant in getting this report putting this report in the Public Domain and also appreciates the prompt action taken by the PIO for pressing PESO to do this. The Commission is sure that PESO will display this report on its website as early as possible.
Decision:
The Complaint is disposed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 30 April 2012 (In any correspondence on this decision, mention the complete decision number.) (DG) Enclosing: Submissions given by PIO, to the Commission, for information for the Complainant:Page 2 of 2