Central Information CommissionMs.Sumaira Abdulali vs Ministry Of Environment And Forests on 30 April, 2012CENTRAL INFORMATION COMMISSION
                      Club Building (Near Post Office)
                    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 underSection 18of 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 underSection 4of 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 withSection 4of 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 2The 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