BIHAR MUNICIPAL AREA ADVERTISEMENT RULES, 2023

 

PREAMBLE

In exercise of powers conferred under Section 419 of the Bihar Municipal Act, 2007, (as amended form time to time) the Governor of Bihar is pleased to make the following Rules in relation to the matters of display of advertisements and similar devices in any place within the jurisdiction of the Bihar Municipal Area, which is hereby previously published as required under section 419 (1) of the said Act namely:-

Rule - 1. Short Title and Commencement.

(i)       These rules may be called "The Bihar Municipal Area Advertisement Rules, 2023".

(ii)      It shall come into force upon approval by the State Government and with effect from the date of its publication in the Official Gazette.

(iii)     "Patna Municipal Corporation (Grant of Permission for Display of Advertisements & Similar Devices) Regulations, 2012" shall be repealed after the notification of "Bihar Municipal Area Advertisement Rules 2023".

(iv)    These rules shall be applicable in relation to all the matters pertaining to display of advertisements and similar devices in any place, locality or location falling within the jurisdiction of Municipal Area of Bihar.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires:-

(i)       "Act" means the Bihar Municipal Act 2007.

(ii)      "Advertisement" means and includes any device or representation in any manner such as announcement or direction by word, letter, model, sign by means of posters, hoarding boards, banners, temporary arches, illuminated signs, name boards, direction boards, neon signs, variable message display, pole, kiosk, street furniture, gantry advertisement etc. displayed to promote a product or service in a commercial sense.

(iii)     "Advertising" means the act or process of displaying an advertisement.

(iv)    "Agency" means an applicant who may be an individual, registered charitable organization, firm, partnership, trust, society, Limited Liability Partnership, or a company incorporated under the Companies Act, 2013 or any previous company law, any department of government, any corporate established by or under any central act, state act or provincial act;

(v)      "Billboard/hoarding" an advertisement device with large space for advertisement in the form of an advertisement panel and where such panel is mounted with its foundation on any structure either on ground or building;

(vi)    "Building line" means the line up to which the plinth of a building may lawfully extend on the side, which abuts the street or an extension of a street or a strip of land earmarked or reserved for future construction of street and such line is mentioned in the approved plan or co-ordination plan or the scheme by the concerned Municipal Corporation/Nagar Parishad/Nagar Panchayat having jurisdiction or power;

(vii)   "Commercial building" means a building used or constructed or adopted to be used or intended to be used wholly or partially for business purpose;

(viii)  "Competent Authority" means Municipal Commissioner/Executive Officer or any officer or committee appointed by the Municipal Commissioner/Executive Officer.

(ix)    'Department' means Urban Development and Housing Department

(x)      "Urban Local Body" means Municipal Corporation/Nagar Parishad/Nagar Panchayat of Bihar

(xi)    "Display" means an advertisement being visible to public;

(xii)   "Electronic hoarding" means an advertisement, with display made from LED (Light Emitting Diode) or LCD (Liquid Crystal Display) or any other electronic source, to display running text, displays and informational messages from computer programs and software or any other means;

(xiii)  "Form" means a form prescribed under these rules;

(xiv)  "Indian Road Congress or IRC" means the applicable India Road Congress codes, regulations made and directions issued there under, from time to time;

(xv)   "Intersection" means the same level junction where two or more roads are either meeting or crossing,

(xvi)  "Public building" means and include a building used or constructed or adopted (be used either ordinarily or occasionally, as a place of public worship, a theatre, hostel, Government office, public hall, public concert room, public lecture room, public exhibition or as a public place of assembly or occasionally for any similar purpose;

(xvii) "Public place" means any place which is open for use of the public;

(xviii)   "Public street" means road, street or through fare or other right of way to which the public has a right of access or which is commonly used by the public and includes any portion of a Right of way of public street including a foot road;

(xix)  "Road traffic sign" means any road traffic sign and traffic signal as contemplated in the IRC or any applicable act;

(xx)   "Self-advertising" means owner who is displaying advertisement of brands other than own brands of shops, building, establishment, land etc.

(xxi)  "Street furniture advertisement" means an advertisement displayed on any public facility or structure which is not primarily for advertising and includes a seating bench, plant box, foot road, litter bin, pole mounted litter bin, public transport shelter, sidewalk clock, suburban name device and a street name, drinking fountain etc. of approximate size and shape serving the functional requirement of such street furniture with advertisement either directly pasted/affixed or in the form of a panel;

(xxii) "Structural engineer" means a person who is a Master in Structural Engineering or equivalent degree in civil engineering of a recognized Indian or foreign university or corporate member of civil engineering division of the institute of engineers of India or equivalent institute, with a minimum of three years of experience in structural engineering practice in designing structure and field work qualification in structural engineering and is authorised;

(xxiii)   "Structure" shall include a post, pole, tree, bridge, embank and road surface etc. and also a tramcar, omnibus and any other vehicle any movable board used primarily as an advertisement or advertising medium.

(xxiv)   "Trailer advertising" means an advertisement mounted on a trailer, bicycle or vehicle, which is stationery or moving with the sole purpose of advertising;

(xxv)"Tri-vision advertisement" means an advertisement hoarding that uses rotating triangular panels in a synchronized manner such that the three faces of the triangular section are seen one after the other displaying three different advertising messages. These could be illuminated or non-illuminated.

Rule - 3. Classification of Advertisement Device.

3.1 The categories of the advertisement devices:-

3.1.1 Category 1: Large-format advertisements, mainly fixed on billboards/unipole and bridge and flyover panels;

3.1.2 Category 2: Advertisement mounted on public amenities, like public toilets, garbage collection points,

3.1.3 Category 3: Fleets and transport related infrastructure;

3.1.4 Category 4: Advertisement devices for self-advertisement of brands other than own.

The above-mentioned categorization of advertisements shall also include the advertisements installed in a temporary manner, such as government and political advertisements displayed on certain occasions.

For example, special kind of advertisements like big size gates etc. shall be categorized under the category-1 large format advertisements.

3.2   However, apart from the above categorized advertisements, no other type of advertisements shall be allowed in the area of Municipal Corporation/Nagar Parishad/Nagar Panchayat. Certain non-commercial wall-paintings by the government institutions or cultural organizations may be allowed by the concern Municipal Corporation/Nagar Parishad/Nagar Panchayat which must be in conformity with the overall theme and aesthetic design of the area. However, the areas and locations of such wall-paintings shall be well defined by the concern Municipal Corporation/Nagar Parishad/Nagar Panchayat.

3.3   Any other category of devices, which are not specifically defined here but might be defined in future by the competent authority, must be installed and displayed while following general criteria as per this rules.

Rule - 4. Zoning of Area for Advertisement.

Each Urban Local Body of Bihar shall categories their respective area into various zones as per the potential of advertisement rates.

While notifying the zones, Urban Local Bodies shall consider following points:-

(a)      The zones shall be notified as per the advertisement potential of the area of the Urban Local Body. Area with similar advertisement potential shall be clubbed in same zone. Urban Local Body shall identify such area, club them together and notify the zones.

(b)      There is no limit on the number of zones, however the Urban Local Bodies shall fix the number of zones in such a manner that the implementation of these rules become easy.

(c)      The zones shall be well demarcated.

(d)      In the future, the Urban Local Bodies can increase or decrease the number of zones. An information in this regard shall be given to the Urban Development and Housing Department.

Rule - 5. Advertisement Revenue.

(i)       Registration fees for all category. Every person or agency, who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding, frame, post or structure or upon any vehicle any advertisement or, who displays any advertisement to public view in any manner whatsoever, visible from a public street or public place (including any advertisement exhibited by means of cinematographs), shall pay Registration fee which shall be valid for three years from date of registration. After first year, a renewal fee shall be paid by the advertiser each year till third year.

(ii)      Advertising fees for Category 1,2 and 3 advertisement. Every person or agency, who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding, frame, post or structure or upon any vehicle any advertisement or, who displays any advertisement to public view in any manner whatsoever, visible from a public street or public place (including any advertisement exhibited by means of cinematographs),shall pay for every advertisement which is so erected, exhibited, fixed or retained or so displayed to public view, an advertisement fee. The advertisement fee shall be decided on the basis of open tender/bidding process. (Categories are mentioned in Schedule 1)

(iii)     Advertising fees for category:(devices mentioned in category 4).

For advertisement device/s for self-signage/s other than the own brands, the owner of shop/business establishment/institution, who erects, exhibits, fixes or retains upon or over part of building/property, where the business establishment is running its business, any such self-signage advertisement or, who displays any such self-signage advertisement to public view or visible from a public street or public place, shall pay for every such self-signage display which is so erected, exhibited, fixed or retained or so displayed to public view, an advertisement fee. The advertisement fee shall be decided on the basis of open tender/bidding process. (Categories are mentioned in Schedule 1) However, in such cases, the self-signage shall be strictly installed/displayed in accordance with the general conditions laid down for category - 4 devices in this rules.

(iv)    Exceptional Case. Railways will provide 25 per cent of the revenue earned through advertisement with Municipal Corporation/Nagar Parishad/Nagar Panchayat where the structure has been built or installed by them or the advertiser in their territory for display of advertisement and it faces the vehicular traffic plying on it or comes in public view in any manner whatsoever visible from a public street or public place (including any advertisement exhibited by means of cinematographs).

(v)      Exempted Case

(a)      There shall not be any fees for the government advertisements on the government premises or public places reserved on certain occasions. However, such advertisements shall be displayed for a limited period and not more than 20 days (in one year) in any case or any such period as decided by the Urban Development and Housing Department from time to time.

(b)      There shall not be any fees for the government signage such as road signage installed by the Road Department. However, the government signage shall also comply with the requirements of this rules and the concern Municipal Corporation/Nagar Parishad/Nagar Panchayat shall encourage an aesthetical, uniform and thematic design for such signage across the city.

Rule - 6. Application for Registration.

(a)      Before participating in the bidding process, advertisers shall register themselves in the respective Urban Local Body. In future, concern Municipal Corporation/Nagar Parishad/Nagar Panchayat may create an online platform for the advertisement through which the registration and application may be processed.

(b)      Registration shall be valid for a period of three years from the date of registration.

(c)      After first year, for second and third year, the advertiser shall renew the registration after the payment of renewal fee.

Rule - 7. Process for Registration.

(i)       Before registration, the Competent Authority shall ensure that:

(a)      The registering entity, any one of its directors, owners, proprietors, partners have not been debarred by the concern Municipal Corporation/Nagar Parishad/Nagar Panchayat or any other Government agency for undertaking advertising business;

(b)      The registering entity, any one of its directors, owners, proprietors, partner do not have any outstanding dues with concern Municipal Corporation/Nagar Parishad/Nagar Panchayat. (This shall be with effect from the rules notified in Gazette)

(c)      Such approval shall be provided by Competent Authority within thirty days of submission of application

(d)      The registering entity has not defaulted in paying fees in respect of advertisement (This shall be with effect from the rules notified in Gazette)

(ii)      After ensuring the facts as mentioned above, the Competent Authority shall issue a unique identity to a registering entity.

(iii)     The Competent Authority shall complete the process of registration process within thirty days.

(iv)    Registration fees shall be paid with application.

Rule - 8. Documents for Application for the display of advertisement.

(i)       Application for regular advertisement:

(a)      The applicant agency has to apply for permission in the prescribed form

(ii)      Documents to be submitted with application for display of advertisement:-

(a)      No Objection Certificate is mandatory from owner (except the Municipal Corporation/Nagar Parishad/Nagar Panchayat) of the land/building over which advertisement is proposed to be displayed.

(b)      If the NOC is from a co-operative housing society, copy of the resolution duly passed in the general body meeting, certified by the Auditor of the society.

(c)      An Indemnity Bond cum Undertaking by the advertising agency

(d)      Two copies of key plans of the location in the scale of 1":2500' and Block Plan in the scale of 1":250'. (wherever applicable)

(e)      Two copies of the design and color scheme and sketch showing the exact location of the proposed site in question, including computer generated design image along with external lighting fixtures. (wherever applicable)

(f)       Two copies of 10"x8" size photographs taken from a distance of 60 meters from the proposed site with marking of the proposed hoarding thereon. (wherever applicable)

(g)      Two copies of the location plan indicating presence of any trees or any other hoarding within 50 meters of the location along the same alignment and dimensions thereof. The details of the owner if known, may be given. (wherever applicable)

(h)     NOC from the Civil Aviation Department of the Government of India, wherever necessary.

(i)       The structural design/plan along with structural design calculations approved by an authorized structural engineer.(wherever applicable)

(j)       The structural stability certificate/fitness certificate for hoarding/unipole and other advertisement structure is mandatorily required from authorized structural engineer. (wherever applicable)

(k)      The agency applying for the permission shall submit the Registration Certificate under the Bihar shops & Establishment Act. (wherever applicable)

(l)       The structural design/plan of the hoarding of the structure. (wherever applicable)

Rule - 9. Process of Bidding.

(a)      The Municipal Corporation/Nagar Parishad/Nagar Panchayat shall categories their respective area into various zones which shall be notified by the respective Municipal Corporation/Nagar Parishad/Nagar Panchayat within 1 months from the notification of these rules.

(b)      Various categories of the advertisement are defined in the Schedule 1 of these rules. The Municipal Corporation/Nagar Parishad/Nagar Panchayat shall float an open bid for each category of advertisement for each zone. For each category of advertisement, per square feet rate shall be determined for each zone through bidding process. The bidder with the highest per square feet rate for any particular category of advertisement for any zone, shall be allowed to display the advertisement in that zone for that category.

(c)      While displaying the advertisement, the advertiser shall fulfill all the relevant criteria mentioned in these rules.

(d)      Any advertiser can participate in the bidding process for more than one zone and for more than one category/type of advertisement.

(e)      The bidding process shall be done via E-Proc system. Under no condition the bidding process shall be done in offline mode.

(f)       The bid shall be published in at least 2 daily national newspapers and 3 daily state newspapers for Municipal Corporations, 1 daily national newspaper and 3 daily state newspapers for municipal councils (nagar parishad) and 2 daily state newspapers for nagar panchayat. The bid time shall be minimum of 21 days for wider reach and participation.

(g)      Exception: For display of advertisement via vehicles like buses/auto/taxi or any other vehicles, advertisement via cinema halls and advertisement via local cable tv, zoning criteria shall not be applicable. For advertisement on vehicles bidding process shall be followed considering whole urban local body as single zone for bidding. Rates for display of advertisement via local cable tv has been fixed in the annexure 2. Rates for advertisements for cinema halls, umbrella advertisement and advertisement through audio system shall be fixed by the respective urban local body within one month after the notification of these rules. All other relevant criteria of these rules shall be applicable on these type of advertisement.

Rule - 10. Fixation of Base Rate for bidding.

(a)      The Municipal Corporation/Nagar Parishad/Nagar Panchayat shall fix a base rate for all categories of the advertisement as mentioned in the schedule 1 for each zone. (except for advertisements in local cable tv, umbrella advertisement, advertisement through audio system)

(b)      The base rate for each category of advertisement for each zone shall be fixed within 1 months from the notification of these rules after getting approval from the Urban Development and Housing Department.

Rule - 11. Approval of Advertisement.

(i)       Successful bidder shall furnish information of all the advertisements it intends to erect/display in the respective zone to the Municipal Corporation/Nagar Parishad/Nagar Panchayat.

(ii)      Application form shall be accompanied with the documents as per these rules.

(iii)     While evaluating an application for advertisement, Competent authority shall ensure the following:-

(a)      That the application is in compliance with these rules and the Act;

(b)      That the application shall not be in contravention of any directives of a court;

(iv)    The competent authority, in its sole discretion, reserves its right to accept or reject any particular advertisement to be erected by the successful bidder if it contravenes any section of these rules.

(v)      Based on the rate of the advertisement as determined by the bidding process, the competent authority shall calculate total value of the advertisement to be erected by the advertiser.

(vi)    The competent authority, after following due process shall within thirty days, in writing or electronically, notify its decision to the applicant.

(vii)   The successful bidder/advertiser shall pay the total amount of the advertisement fee as calculated by the competent authority within 15 days after intimation from the competent authority.

(viii)  Any permission granted by Competent authority pursuant to evaluation of an application, shall not be withdrawn by the advertiser prior to at least three months

Rule - 12. Permissibility of different category of Advertising device.

As per Schedule I appended herewith

Rule - 13. Specific conditions for different category of advertising device.

As per Schedule II appended herewith

Rule - 14. Advertisement and Road Safety Criteria.

An advertising device may be considered a traffic hazard and permission of its installation and display shall be disallowed:

(a)      If the Advertising Structure is not as per the fixed standards and the fitness certificate of the same has not be furnished:

(b)      If it interferes with road safety or traffic efficiency;

Rule - 15. Advertisement and Aesthetic Criteria.

An advertising device/advertisement shall be considered aesthetically poor and permission of its installation and display shall be disallowed:

• If it obstructs the nature and its elements such as sky, trees, scenic views, rivers, ponds, etc.;

• If it is not cleaned and maintained aesthetically by the advertiser on regular basis;

• If it hurts any other aesthetic norms as identified by the competent authority.

Rule - 16. Advertisement and Physical Criteria.

Control of the physical characteristics of advertising devices shall be as follows:

• Advertising shall not use traffic sign shapes in color of traffic sign that could potentially be mistaken for an official traffic sign.

• Advertising shall not contain flashing red, blue or amber point The Code of Practice for Road Signs IRC: 67-2001 or its further amendments, by Indian Roads Congress prescribes the basic design parameters of official traffic signs and includes standard legend/background color combinations.

• light sources which, when viewed from the road, could give the appearance of an emergency service or other special purpose vehicle warning light/s,

• All lighting associated with the advertising device shall be directed solely on the advertising device and its immediate surrounds.

• External illumination sources shall be shielded to ensure that external 'spot' light sources are not directed at approaching motorists.

• Illumination of advertising device is to be concealed or be integral part of it.

• Upward pointing light of the device shall not be allowed, any external lighting is to be downward pointing and focused directly on the sign to prevent or minimize the escape of light beyond sign.

• Any light source shall be shielded so that glare does not extend beyond the advertising device.

• The average maintained luminance shall be reduced to 0.5 candela or all together shut, after 0000 hours (12am) and sunrise by automatic timing devices.

• Non-static illuminated advertising devices (flashing lights) are not permitted within the boundaries of cities.

• Variable message advertising devices are not permitted in the area other than as specified in Summary of Category 1 advertising device within the Municipal Corporation/Nagar Parishad/Nagar Panchayat as these cause a statistically significant distractive influence on motorist's response times to external stimuli. So, Variable Message Advertising Devices LED/LCD Screens shall be permitted on case to case basis by the municipal authorities.

(This permission criterion is not intended to apply to variable message displays used by road authorities for traffic management or for displaying other information. Variable message displays located at bus stops or similar places where messages are directed at, and intended for, pedestrians (not motorists) are excluded.)

Rule - 17. Advertisement and Content Criteria.

The Competent Authority may take action to modify or remove any advertisement device that contravenes the following negative advertisements or that otherwise cause a traffic hazard.

List of Negative Advertisement:-

• Nudity

• Racial advertisements or advertisements propagating caste community or ethnic differences;

• Advertisement promoting drugs, alcohol, cigarette or tobacco items;

• Advertisements propagating exploitation of women or child;

• Advertisement having sexual overtones;

• Advertisement depicting cruelty to animals;

• Advertisement depicting any nation or institution in poor light;

• Advertisement casting aspersion on any brand or person;

• Advertisement banned by any law

• Advertisement glorifying violence;

• Destructive devices and explosives depicting items;

• Any psychedelic, laser or moving displays;

• Advertisement of Weapons and related items (such as firearms, firearm parts and magazines, ammunition etc.);

• Advertisement which may be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

• Advertisements which may be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

• Advertisement linked directly or indirectly to or include description of items, goods or services that are prohibited under any applicable law for the time being in force, including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code,1860; and

• Any other items considered incompetent by the Urban Local bodies.

For all categories of devices (except Category 3 and some Category 4 devices which are directed at pedestrians), text elements on an advertising device face shall be easily discernible to traveling motorists. This will minimize driver distraction. Additionally, a sign shall be quickly and easily interpreted so as to convey the required advertising message to the viewer and reduce the period of distraction.

The content or graphic layout exhibited on advertising device panel shall avoid hard-to-read and intricate typefaces and contents which need to be memories such as mobile numbers. Under no circumstances shall device contain information in text sizes, which would necessitate the driver or passenger in a moving vehicle to stop, read and/or note down, which is detrimental to the smooth flow of traffic and distracting for the driver.

All signs shall be so designed as to maintain a proportion where, as a general rule, letters shall not appear to occupy more than 20% of the sign area.

Rule - 18. Advertisement and Structure Criteria.

Advertising device/advertisement structures including the foundations shall be designed and checked for extreme wind conditions, earthquakes, soil bearing capacity etc. and shall comply with relevant Indian structural design standards, codes of practice and the rules. The designs shall be certified by an experienced and practicing structural engineer and shall be submitted to the concern Municipal Corporation/Nagar Parishad/Nagar Panchayat for approval before start of work at the site.

The supporting structure shall have a non-reflective finish to prevent glare. The device structure shall be well maintained at all times. It shall be painted in colors that are consistent with the aesthetical requirement, and enhance the surrounding area and will be compliant with the criteria for colors laid out earlier in this rules.

Official road furniture such as official signs and delineator guide-posts shall not be used as the supporting structure of an advertising device. The name of the advertising agency shall be placed in a conspicuous position on the device.

Rule - 19. Advertisement and Electrical Connection.

The electrical connections and components in all advertising devices shall be with accordance with relevant Indian Standards and designed to ensure there is no safety or traffic risk. A copy of the electrical contractor's test certificate shall be provided to the concern Municipal Corporation/Nagar Parishad/Nagar Panchayat.

No generator running on diesel/petrol/kerosene or any bio fuel, causing noise, air or water pollution would be allowed for providing power for illumination of any outdoor advertising device.

Electricity from the renewable energy sources

To promote conservation of electricity, it is important that the illumination at all outdoor advertising devices may draw power from alternate renewable resources like solar power and such innovative and energy-saving proposals shall be encouraged by the Municipal Corporation/Nagar Parishad/Nagar Panchayat by giving relaxation/rebate @ 5% of the advertisement fee.

Rule - 20. Withdrawal and Amendment.

(i)       Any permission under section 145 of Bihar Municipal Act shall be void,

(a)      if the advertisement contravenes the provisions of any rules/regulations made under Bihar Municipal Act 2007, or

(b)      if any material change is made in the advertisement or any part thereof without the previous permission of the Competent authority, or

(c)      if the advertisement or any part thereof falls otherwise than by accident, or

(d)      if, due to any work by the Central Government, the State Government, or the concern Municipal Corporation/Nagar Parishad/Nagar Panchayat, or by any statutory authority, the advertisement is required to be displaced

(ii)      Competent authority shall have the power to withdraw an approval granted or amend any condition or impose a further condition in respect of such approval if, in the opinion of the Competent authority, the advertisement concerned:

(a)      is or has, as a result of a change to the nature of the environment or the amenity of the neighborhood, streetscape or urban design existing at the time of such approval, become detrimental to the area in which it is located by reason of its size, intensity of illumination, quality of design, workmanship, material or its existence;

(b)      constitutes, or has become, a danger to any person or property;

(c)      is obscuring a critical and aesthetically important natural feature, architectural feature or visual line of civic, architectural, historical or heritage significance;

(d)      is or has become prohibited in terms of these rules or any other law;

(e)      is the part thereof falls either through an accident or any other cause;

(f)       have any addition made to it except for the purpose of making it secure under the direction of the Competent authority;

(g)      have any changes thereof;

(h)     upon the building or structure or property demolished or destroyed; and

(i)       relates to any other site/location, as may be decided by the Competent authority of concern Municipal Corporation/Nagar Parishad/Nagar Panchayat public interest, safety, aesthetics etc.

(iii)     The cost incurred while removing the advertisement shall be borne by the agency and shall be recovered from the agency at the time of removal or at the time of release of confiscated advertisement device.

Rule - 21. General Requirement for Advertisement.

(a)      The agency displaying advertisement through hoardings shall display or affix his name plate of appropriate size and registration number allotted to the hoarding at the corner of the hoarding to facilitate the identification of the agency. It shall display the month and year of the expiry of the registration in numerical symbols, viz 9/2002 or Sept. 2002 etc.

(b)      After approval, advertisement shall not be altered, removed, or upgraded, other than for maintenance work which may be required for the upkeep of an advertisement, without prior written approval of the competent authority.

(c)      Every power cable and conduit containing an electrical conductor for the operation of an advertisement shall be so positioned and attached so that it is not unsightly.

(d)      No advertisement shall be connected to any electricity supply without the prior written permission of the electricity supply authority/power distribution company and such permission shall, on request by an authorized official, be presented to them by the agency of the advertisement concerned.

(e)      The electrical connections and components in all the advertisement shall be in accordance with relevant Bureau of Indian Standards (BIS), Indian Electricity Rules and designed to ensure there is no safety or traffic risk.

(f)       The agency of the advertisement shall ensure that disposal of any type of material including media for display is disposed of as per the Environment Protection Act, 1986 and subsequent changes in it and other applicable laws/rules/regulation

Rule - 22. Prohibition of Advertisement.

(a)      With reference to section 145 of Bihar Municipal Act 2007, no person shall erect, exhibit, fix or retain upon or over any land, building, wall, hoarding, frame post, kiosk, structure, vehicle, neon-sign or sky-sign, any advertisement or display any advertisement to public view in any manner whatsoever (including any advertisement exhibited by means of cinematograph), visible from a public street or public place, in any place within the Municipal area without permission, in writing, of the Chief Municipal Officer. The Chief Municipal Officer shall not grant such permission, if -

(1)     the advertisement contravenes any provisions of this Act or the rules or the regulations made there under, or

(2)     the amount, if any, due in respect of the advertisement has not been paid.

(b)      No person shall broadcast any advertisement, except on radio or television, without the permission, in writing, of the Chief Municipal Officer.

(c)      In addition to any other prohibition, expressed or implied, in these rules, no person shall erect, maintain or display advertisement on.

(1)     National Parks, district forests and water bodies in it.

(2)     Historical monuments, cremation grounds, graveyards and ruins;

(3)     World Heritage areas;

(4)     Areas classified as remnant endangered regional ecosystem;

(5)     Within religious places, such as temple, mosque, church and Gurudwara etc;

(Exceptions to the above restrictions may apply in special circumstances. For example, for tourist service/accommodation businesses, advertising devices may be permitted as part of a regional tourist plan. In rare and exceptional circumstances, applications would be considered on a case-to-case basis by the Municipal Corporation/Nagar Parishad/Nagar Panchayat in rarest of rare cases.)

(d)      No person shall deface or cause to be defaced any device, mark letter or words that may have been put up by the concern Municipal Corporation/Nagar Parishad/Nagar Panchayat the permitted advertisements by the concern Municipal Corporation/Nagar Parishad/Nagar Panchayat any contravention thereto shall be punishable under the Bihar Prevention of Defacement of Property Act, 1985;

(e)      In addition to any other prohibition, expressed or implied, in these rules, the Competent authority shall take necessary action to modify or remove the following advertisement showing or expressing negativity in the content;

(f)       No signage shall be allowed beyond the length of the shop

Rule - 23. Inspection.

(a)      The Competent authority shall for any purpose relating to the implementation and enforcement of these rules, carry out an inspection of any advertisement.

(b)      Competent authority shall carry out the inspection with respect to "Form" as notified by the competent authority, from time to time and may produce written communication of his appointment as a nominated officer empowered to carry out inspections.

Rule - 24. Maintenance of Advertisement and removal of unauthorized advertisement.

(i)       Subject to provisions in these rules-

(a)      The advertising agency is responsible for maintaining the device and surrounding area so that it does not become unsightly or deteriorate to such a degree that it is in conflict with any provision of these rules;

(b)      An advertising agency shall carry out regular inspection of advertisement with a view to satisfying himself that it has been properly maintained and forthwith carry out any necessary maintenance resultant upon such inspection

(ii)      The advertising agency shall ensure that an information plate (minimum size of one feet by one feet) with the embossed logo of concern Municipal Corporation/Nagar Parishad/Nagar Panchayat providing details of approval of the Competent authority and details of advertisement, as required by the competent authority, are displayed and maintained in good condition at all times. Failure to do so shall result in penalty as specified in the rules.

(iii)     Any unauthorized advertisement devices installed at any location, property, vehicle, bridge, building etc. shall be removed. No leniency shall be shown towards any violator or unauthorized device. Moreover, during the removal of any unauthorized device, priority will be given to remove such devices which would be considered as traffic hazard or aesthetically poor in nature.

(iv)    If the advertising device is creating, or likely to create, a traffic hazard, immediate action shall be taken to remove the advertising device.

(v)      Low value advertising devices may be immediately removed and disposed of. These are typically attached to guide posts, power poles, lighting columns and trees; and manufactured from low cost materials such as cardboards or conflate.

(vi)    Where unauthorized advertising is removed, it may be disposed off immediately by the concern Municipal Corporation/Nagar Parishad/Nagar Panchayat. The owner may collect the advertising device only after payment of removal cost plus additional penalties.

(vii)   Advertising attached to a vehicle, where a registered motor vehicle or trailer is parked within the jurisdiction of concern Municipal Corporation/Nagar Parishad/Nagar Panchayat for the sole purpose of advertising without permission, the transport department authorities shall be asked to cancel the registration of the vehicle. The vehicle owner shall be given custody of vehicle only after paying the fine or penalties, otherwise the vehicle can be confiscated and non-payment of penalties in due time would lead to concern Municipal Corporation/Nagar Parishad/Nagar Panchayat and/or Traffic police to dispose of the vehicle.

Rule - 25. Offences and Penalty.

(i)       Whosoever contravenes any of the provision of this rules shall be liable to fine/penalty as specified under these rules.

(ii)      Competent authority of concern Municipal Corporation/Nagar Parishad/Nagar Panchayat shall have the power to remove the advertisement if it does not comply with the rules. The cost incurred while removing the advertisement shall be borne by the agency.

(iii)     If any advertising agency has erected an advertisement without prior permission or does not match with the specification at the time of approval then the competent authority shall have the power to remove the advertisement along with imposition of fine. The fine shall be an amount equal to the fee of highest value of the advertisement along with 200% of the calculated fees.

(iv)    In case of self-advertisement, if the advertising agency has displayed an advertisement of its own which exceeds the building line then the agency shall be liable to pay a penalty of an amount equal to the fee for additional area which exceeds the building line along with a 200% penalty on the exceeded area.

(v)      In case of self-advertisement, if the advertising agency has displayed an advertisement other than its own then the agency has to seek permission from the concern Municipal Corporation/Nagar Parishad/Nagar Panchayat and pay a fee as per the rules. If the advertising agency erects an advertisement other than its own without taking permission, the advertising agency shall be liable to pay a penalty of an amount equal to 200% of the calculated fees of that advertisement along with fee of that advertisement.

(vi)    If the advertising agency does not pay the fine within three working days from the date of fine imposed then it shall be liable to pay an interest of 1.5% per month on the fine. Further, if the agency does not pay the renewal fee for registration each year, it shall be liable to pay interest rate of 1.5% per month on the renewal fee.

(vii)   The penalty is applicable to all category of advertising device from 1-4.

(viii)  In case of second violation, the advertising agency shall be liable to pay a penalty of an amount equal to 300% of the calculated fees of that advertisement along with fees of that advertisement and respective fine.

(ix)    In case of third violation, the advertising agency shall be debarred for display of advertisements and existing sites shall be declared unauthorized for a period of one year in addition to penalty of an amount equals to fee of that advertisement along with 500% of the calculated fee.

Rule - 26. Documentation.

The advertising agency shall retain certified copies of all documentation relating to the approval for display of advertisement device, for as long as advertisement is erected or displayed, and shall on request by an authorized official, present such documentation.

Rule - 27. Serving of Notice.

(i)       Any notice that is required to, or may be served, delivered or given in terms of, or for the purposes of these rules, shall be served in any of the following ways:

(1)     by sending a copy of the notice by registered or under postal certificate to the last-known address of the advertising agency and, unless the contrary is proved, it is deemed that service came into effect on the seventh day following the day on which the document was posted;

(2)     By faxing a copy of the notice to the advertising agency, if the advertising agency has in writing furnished a fax number to the urban local body

(3)     by forwarding the notice through e-mail at the registered Email ID; and

(4)     by handing over a copy of the notice to the owner or any of the authorized representative of advertising agency.

Rule - 28. Indemnity.

Advertising agency shall be required to indemnify the concern Municipal Corporation/Nagar Parishad/Nagar Panchayat for the designated advertisement and activities against all actions, proceedings, claims, demands, costs, losses, damages and expenses which may be brought against, or made upon the concern Municipal Corporation/Nagar Parishad/Nagar Panchayat which arise as a result of the installation or existence of advertisement. Advertising agency shall always be responsible for any injury or damage caused or suffered by any person or property arising out of or relating to the display of advertisement and the consequential claim shall be borne by Registering Entities who shall also indemnify and safeguard the concern Municipal Corporation/Nagar Parishad/Nagar Panchayat, its employees or any entity employed/appointed by the concern Municipal Corporation/Nagar Parishad/Nagar Panchayat. If any legal proceeding arises due to the content of the advertisement displayed, the advertising agency shall be fully liable for any legal implication.

Rule - 29. Interpretation.

(i)       In case of any ambiguity or discrepancy in interpreting the provisions of the English and the Hindi version of this Rules, the provision of the English version of this Rules shall prevail.

(ii)      and If any doubt arises as to the implementation of any of the provisions of these Rules, the matter shall be referred to the Competent Authority of the concern Municipal Corporation/Nagar Parishad/Nagar Panchayat, whose decision thereon shall be final

Rule - 30. Mode of Payment.

Registration Fee and renewal fee will be paid once in a year by DD of nationalized or schedule commercial bank/RTGS/NEFT/UPI. Advertisement Fee for the approved duration shall be paid within 15 days from the date of work awarded via DD of nationalized or schedule commercial bank/RTGS/NEFT/UPI.

 

ANNEXURE 1

Advertisement Registration & Renewal Fee

 

ANNEXURE 2

Advertisement Categories

 

ANNEXURE 3

Apply for Registration/Renewal of Advertising agency in ..........................

(1)     Name of the Company: ................................................

(2)     Address of the Company: ...................................................

.....................................................................................................................................................................................................................

.....................................................................................................................................................................................................................

Phone Number:

i.

ii.

Email id: .................................................................................................

(3)     Company Category:

(4)     Name of the Proprietor/Partners/Directors

i.

ii.

iii.

iv.

v.

(5)     Contact Person with PMC with Cell Number

Contd.

Registration Amount 

CIN Number for Company: ............................................................................

GST Number of Company: .......................................................................

Udyog Aadhar Number (MSME): .............................................................

Aadhar Card Number: ..........................................................

Permanent Account Number: .......................................................................

Shop & Establishment Number .................................................

Old Registration number with ................. Municipal Corporation/Nagar Parishad/Nagar Panchayat,

The applicant firm, company has not been blacklisted by any Government entity in the last 3 Years: Yes/No

The applicant firm/company has no pending dues: Yes/No

If yes please specify the total pending dues: Yes/No

The applicant firm/company has no court case pending: Yes/No

Attachment:

(1)     Xerox Company CIN Certificate

(2)     Xerox of MoA/AoA

(3)     Xerox of Udyog Aadhar Number Certificate (MSME):

(4)     Xerox of Aadhar Card of Proprietor/Partner/Director

(5)     Xerox of Permanent Account Number

(6)     Xerox of Shop & Establishment Number

(7)     Xerox of Employees Provident Fund Certificate with latest receipt.

(8)     Xerox of Employees State Insurance Certificate with latest receipt.

(9)     Xerox of Old Registration number with .......................... Municipal Corporation/Nagar Parishad/Nagar Panchayat,

As above mentioned, information is correct in my/our knowledge.

Signature and Seal with Director

Date:

 

ANNEXURE 4

Approval Form

No ...............

Date ............................

To,

............................................................

...........................................................

Please refer to your application No ..............., dated ............... for registration of installation of Advertisement

Dear Sir,

This is with reference to your application regarding registration with .......................... Municipal Corporation/Nagar Prishad/Nagar Panchayat, for installation of an advertisement.

It is to inform that following decision has been taken in consideration of your application:

(1)     Your application for registration is approved and unique identification number allotted to you is ......................... Please use the same for all future correspondence with .................... the Municipal Corporation/Nagar Prishad/Nagar Panchayat, for activating your account on the website of the ............... Municipal Corporation/Nagar Prishad/Nagar Panchayat.

(2)     Your application for new advertisement/renewal is rejected on account of the following:

(a)      Incomplete application

(b)      Incorrect information provided

(c)      Pending dues with Municipal Corporation

(d)      Blacklisted status not verified

(e)      Others ...................

Thanking You,

.........................................................

.........................................................

Note: In case of rejection of application you may apply fresh on satisfying the above mentioned conditions

Note: This is a typical format only and is subject to modification/amendment by the concern Municipal Corporation/Nagar Prishad/Nagar Panchayat, time to time.

 

ANNEXURE 5

Municipal Corporation/Nagar Prishad/Nagar Panchayat ....................

Application Form for permission to exhibit Advertisement under the provisions of Bihar Municipal Area rules, 2022

(1)     Name/s of Applicant:

(2)     Name of the Agency:

(3)     Status :     Proprietary firm/company/Charitable Trust/Others

(4)      Address : ____________________________________________________________________

                  ____________________________________________________________________

                  ____________________________________________________________________

                  ____________________________________________________________________

                  Tel No.:____________________________ Fax:______________________________

(5)     Medium of advertisements applied for: Illuminated/Non Illuminated

(6)     Form of Advertisement: Temporary Non temporary

(7)     Nature of advertisement applied:

(8)     Are you a charitable trust/Institutions applying for display of free banner?

                                                                                                Yes/No

If Yes:

(a)      Purpose:Academic/religious/public/awareness/health/political/others

(b)      Date: From

(c)      Location: Single/Multiple If multiple

(i)       No. of locations:

(ii)      Description of locations:

(d)      Text of the message of free banner:

(e)      Indicate the category of Civic message you propose to carry:

(f)       Whether photocopy of Trust Registration attached: Yes/No

(9)     Dimensions:

(10)   Site Location:

Name of the Road drawing visibility:

• Category of Road

• Width of the Road:

• No. of hoarding located within 25Mtr.:

• No of trees within 25 Mtr. On either side:

• Whether trees are required to cut:                                 Yes/No

(11)   Name of the Landlord:

(12)   NOC of the Landlord Submitted:                         Yes/No

(13)   Whether documents submitted as per Part III (B)/III(C):             Yes/No

I have read carefully the approved policy guidelines of the Municipal Corporation/Nagar Prishad/Nagar Panchayat on above and have complied all the conditions. I accept that, in the event the information submitted by me is found false, I am liable for all such penal actions as prescribed under the law.

Date:

Signature of the Applicant

Designation:

________________________________________________________________________Cuthere__________________________________________________________

For Office use only

Whether the application is complete as per the rules? Yes/No If

yes, state:

Signature of the Authorised Officer

 

ANNEXURE 6

INDEMNITY BOND-CUM-UNDERTAKING

on Rs. 200/- stamp paper

TO,

THE MUNICIPAL COMMISSIONER/EXCUTIVE OFFICER

...........................................................................................

SUBJECT: Grant of permission for advertisement at ........................................................................................................................... ........................................................................................................................................... .......................................................................................................................................

I, Shri/Smt./Messrs .....................................................................................................Age ..................... the owner of the property situated at .............................................................

[Or in the case of society]

We, Shri/Smt. [1] .................................................. [2] .................. ....................................

[3] ................................... [4] .......................................................... of the Management Committee of M/s .......................................................... Co-operative Society [hereinafter called as 'the owner']

[Or in case of trust]

[2] I, Shri/Smt............................................ ..................... ............................Proprietor/Partner/Director of the firm M/s ............................................ .................having its registered office at............................................ ..................... .................and residing at............................................ ..................... ............................[hereinafter called as "the Advertiser"];

WHEREAS the Advertiser has made application to ............................. for a permission for display of advertisement under section 146 of the B.M.A. Act, 2007.

AND WHEREAS the owner has permitted the Advertiser to erect a hoarding and display advertisement in their property situated at.................................................................................................................................... ................................................................................................................................................................................................................................................................................

AND WHEREAS the Advertiser has applied to the Corporation for permission for display of advertisement at ...................................................................................................................................................................................................................................................................................[location] and we the owner and Advertiser are required in terms of the laid down policy in this behalf to give joint undertaking;

The owner and the Advertiser do hereby agree and undertake as under

(1)     The owner and the advertiser hereby expressly agree and undertake to abide by the rules framed by the Urban development and Housing Department, Government of Bihar for display of advertisement.

(2)     The owner and the Advertiser hereby undertake that the erection of the hoarding and display of advertisement will not be adverted affect or cause any obstruction to the air, light and ventilation of the building belonging to the owners or to the neighboring building and/or premises.

(3)     The owner/society hereby confirm that the General Body has passed a resolution permitting the Advertiser to erect the hoarding and display advertisement in the society premises by passed resolution in the General Body meeting held on, the copy of the resolution, thereof, has been certified by the Auditor of the Society.

(4)     The owner and the Advertiser hereby further agree and undertake that they shall and will, at all times hereinafter, save and keep harmless and indemnify the Municipal Corporation/Nagar Parishad/Nagar Panchayat. and the concern Municipal Commissioner/Chief Councilor or either of them from and against all actions, acts, suits, cost claims, damages, demands of any nature and kind whatsoever which may be instituted, claimed or made against the Municipal Corporation/Nagar Parishad/Nagar Panchayat. or the Competent Authority or the or either of them by any person or persons by reason of the Competent Authority granting permission for display of advertisement in the premises.

(5)     We further agree and undertake that the Municipal Corporation/Nagar Parishad/Nagar Panchayat/the Municipal Commissioner/Chief Councilor shall not be responsible in respect of any litigation that may arise between the advertiser and the owner or with any other person or persons in this connection.

(6)     We further indemnify the Municipal Corporation/Nagar Parishad/Nagar Panchayat/the Municipal Commissioner/Chief Councilor for - (i) structural stability of the building over which hoarding is proposed to be erected and also the structural stability of the structure of hoarding; (ii) aesthetic view; (iii) safety of trees within the distance of 25 mtrs. in front of proposed hoarding.

(7)     This Undertaking is binding upon us, our heirs, Executors, Administrator, Successor/Successors and assignees.

Dated this day of 20

Yours faithfully

[                                             ]

[                                             ]

Witness:

1] __________________________________

 

SCHEDULE 1

Summary of permissibility of different category of advertising devices

Category-1 Devices

[Large-format advertisements (hoardings, billboards, unipoles, bipoles, bridge/flyover panels and variable message advertising device such as LED, LCD Screens etc.)]

Category-2

Advertise Devices ments mounted on public amenities, like public toilets, garbage collection point. Et

Category-3 Devices

[Advertisements on fleets and transport related infrastructure]

Category-4 Devices

[Self-advertising devices]

 

SCHEDULE 2

Summary of conditions for different category of advertising devices

Conditions for Category-1 Devices

[Large-format advertisements (hoardings, billboards, unipoles, bipoles, bridge/flyover panels and variable message advertising device such as LED, LCD Screens etc.)]

Note: i. The length and width for advertising display for Category-1devices can be interchanged/altered as per suitability but not exceeding the total area (length multiplied by width).

ii. In the case of airports, the length and width for Unipole/Billboard and Ground Level Hoardings can be increased on case to case basis up to the maximum dimension of 14m x 8m and 20m x 5m respectively by the Competent authority.

Maximum size of hoarding on principal road and main road must not exceed 40ft*40ft

Specific Conditions for Category-1 Devices

[Large-format advertisements (hoardings, billboards, unipoles, bipoles, bridge/flyover panels and variable message advertising device such as LED, LCD Screens etc.)]

Conditions for Category-2 Devices

[Advertisements mounted on public amenities, like public toilets, garbage collection points etc.]

Specific Conditions for Category-2 Devices

[Advertisements mounted on public amenities, like public toilets, garbage collection points etc.]

Conditions for Category-3 Devices

[Advertisements on fleets and transport related infrastructure]

Conditions for Category-4 Devices

[Self-advertising devices]