JHARKHAND LOCAL BODIES ADVERTISEMENT REGULATION, 2017

PREAMBLE

In Exercise of the Power conferred by Section-590 of Jharkhand Municipality Act, 2011, the Governor of Jharkhand hereby makes the following regulation-

Regulation 1. Short Title and Commencement.--

(i)       This Regulation shall be called the 'Jharkhand Local Bodies Advertisement Regulation, 2017.

(ii)      It shall come into force on the date of publication in the official Gazette.

Regulation 2. Definitions.--

(i)       "Act" means the Jharkhand Municipal Act, 2011 (07 of 2012);

(ii)      "Advertisement" means any word, letter, model, sign, placard, board, notice, device, or representation whether illuminated or not, in the nature of and employed, wholly or in part, for the purpose of advertisement, announcement or direction and includes any hoarding or similar structure used or adapted to be used for the display of advertisement;

(iii)     "advertising" means the act or process of displaying an advertisement;

(iv)    "billboard/hoarding" means an OMD (Outdoor Media 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;

(v)      "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 Jharkhand Municipality Authority having jurisdiction or power;

(vi)    "carriageway" means the width of the road where vehicles are free to move without any obstructions;

(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)  "control area" means the geographic area including airspace in the jurisdiction of the Urban Local Bodies in master plan;

(ix)    "display" means an advertisement being visible to public;

(x)      "gantry" means a structure erected across a road and usually fabricated of mental section pillars fixed on either side of a road with a beam shaped section connecting the top of the pillars across the road with an advertisement on the face opposite to the direction of traffic;

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

(xii)   "interested party" means any person who has in terms of these regulation submitted an application or submitted comments or an objection or made representation in respect of any such application;

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

(xiv)  "electronic hoarding"-means an OMD, 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;

(xv)   "National Building Code of India or NBC" means the National Building Code of India, 2005 and regulations made there under;

(xvi)  "OMD" means an Outdoor Media Device as set out in bye-law 13;

(xvii) "owner" means an applicant who may be an individual, registered charitable organization, firm, partnership, or a company incorporated under the Companies Act, 1956 (Companies Act 2013 any statutory modification, amendment or re-enactment for the time being in force and any rules notified as applicable) or any department of the Government for installing OMD for advertising;

(xviii)   "public building" means and include a building used or constructed or adopted to 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;

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

(xx)   "public street" means a 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 footpath;

(xxi)  "registering entity" means any owner or self advertiser seeking permission for installing an OMD or having an intent for display of advertisement;

(xxii) "Right of Way or RoW" means the full width of a public street between building lines across such public street including the median, carriageway, service road, shoulder and footpath/sidewalk and the air space above it;

(xxiii)   "road traffic sign" means any road traffic sign and traffic signal as contemplated in the IRC or any applicable Act;

(xxiv)   "self advertising" means owner who is doing self advertising in their own shops, establishment, building, land.

(xxv)"self advertising" means advertisement displayed in terms of bye-law 10;

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

(xxvii)  "Structural Engineer" means a person who is a graduate 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;

(xxviii) (xxviii)"structural stability certificate" means a certificate issued by a Structural Engineer;

(xxix)   "third-party advertising sign" means any OMD other than self advertising:

(xxx)"temporary advertisement" means an advertisement/OMD displayed for a maximum period of thirty days for any forthcoming event including entertainment events, festivals, mela, trade fair, conferences, road shows, but excluding self advertising;

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

(xxxii)  "urban design" means the actions of conceiving and managing the special and aesthetic characteristics of urban space between and around buildings, road including physical elements that make up the streetscape and the combined visual effect of building facades and other structure;

(xxxiii) "wall wraps" means advertisement pasted/affixed on glass/surface of a building which has been used as architectural feature to cover/from fa?ade/used as wall of a building.

Regulation 3. Application for Registration.--

1.        Both owners and Self Advertiser shall seek permission for installing an OMD from the Municipal Commissioner/Executive Officer/Special Officer by registering themselves with Urban Local Bodies using online process as laid out in Annexure 1.

2.        Registration shall be valid for a period of five years from the date of registration.

3.        The registering entity shall deposit such registration fee as the Urban Local Bodies may, specify, by an order, from time to time.

Regulation 4. Process for Registration.--

1.        Before registration, the Municipal Commissioner/Executive Officer/Special Officer shall ensure that:

(i)       the registering entity, any one of its directors, owners, proprietors, partners have not been debarred by Urban Local Bodies or any other Government agency for undertaking advertising business;

(ii)      The registering entity, any one of its directors, owners, proprietors, partners do not have any outstanding dues with Urban Local Bodies

(iii)     Such approval shall be provided by Municipal Commissioner/Executive Officer/Special Officer within thirty days of submission of application.

(iv)    The registering entity has not defaulted in paying tax in respect of advertisement.

2.        ?After ensuring the facts as mentioned above, the Municipal Commissioner/Executive Officer/Special Officer shall issue a unique identity number to a registering entity.

3.        ?The Municipal Commissioner/Executive Officer/Special Officer shall complete the process of registration process within thirty days and shall issue an approval as set out in Annexure 2.

Regulation 5. Approval of OMD's.--

1.        Application for any OMD shall be made by registering entity by submitting information in terms of Annexure 3.

2.        The application form shall be accompanied with the following:

(i)       license fee as the Urban Local Bodies may, specify, by an order, from time to time, which shall be non-refundable and non-adjustable in any manner whatsoever;

(ii)      an undertaking that the registering entity is solely responsible for all acts/deeds towards display of advertisement

(iii)     a drawing showing the locality plan, in color, indicating the proposed position (GPS coordinates) of the OMD and the distances in relation to any other structures, building, OMD situated within a radius of twenty five meters from the proposed OMD;

(iv)    complete specifications showing the dimensions of the OMDs and locations;

(v)      the design and the structure of the OMDs certified by a Structural Engineer, certifying and safety aspects from the point of view of its foundations which can bear extreme wind conditions, earthquakes, soil bearing capacity.

(vi)    If a proposed OMD is to be attached to, or displayed on, the fa?ade of a building, an graphical presentation showing elevation and measurements of the building, and the detailed measurements and position of the proposed OMD and the position of every existing OMD on the building or as specified by the Municipal Commissioner/Executive Officer/Special Officer, from time to time.

(vii)   any other information in the application form (Annexure-3), updated by the Municipal Commissioner/Executive Officer/Special Officer from time to time.

Regulation 6. Evaluating & scrutiny of application.--

1.        While evaluating an application for OMD, Municipal Commissioner/Executive Officer/Special Officer shall ensure the following:-

(i)       that the application is in compliance with these regulation and the Act;

(ii)      that the application shall not be in contravention of any directives of an Court;

2.        The Municipal Commissioner/Executive Officer/Special Officer, in its sole discretion, reserves its right to accept or reject any application.

3.        An approval shall be for a maximum period as set out below and as detailed in Annexure 5;

(i)       Type A and Type B: Equal to the agreement period between Urban Local Bodies and the concerned Agency;

(ii)      Type C, Type D: 1 years;

(iii)     Type E: As specified on case to case basis;

(iv)    Type F: As specified on case to case basis;

(v)      Type G/Self Advertising: 1 Years;

(vi)    Type I: 1 years; and

(vii)   Type J: 1 years.

4.        The Municipal Commissioner/Executive Officer/Special Officer, after following due process shall within thirty days, in writing or electronically, notify its decision to the applicant as per format attached as Annexure 4.

5.        The license fee shall be payable to Municipal Commissioner/Executive Officer/Special Officer within seven days of issuance of Letter of Intent (LOI).

6.        Any permission granted by Municipal Commissioner/Executive Officer/Special Officer pursuant to evaluation of an application, shall not be withdrawn by the owner prior to at least three months.

7.        Where the registering entity proposes to make any change in the approved application, an additional license fee equal to one quarter license fee (higher of succeeding or preceding quarter) shall be payable by the registered entity to the Urban Local Bodies for makings any changes. Such approval shall be valid for period as set out in bye-law 6(3).

8.        All existing OMDs shall comply with these regulation within a period of six months from the date of notification of these regulation.

Regulation 7. Exception.--

No approval granted in terms of these regulation have effect that:

(i)       any person is exempted from any provisions of any other law applicable to advertising.

(ii)      any person is exempted from the provision, requirements and applicability of the Jharkhand Prevention of Defacement of Property Act, 1987 (5 of 1987);

(iii)     the owner of an OMD is exempted from its obligations to ensure that such advertisement is designed, erected, completed, displayed and maintained in accordance with the provisions of these regulation and any other applicable law including safety and security of public at large.

Regulation 8. Withdrawal & Amendment.--

1.        Municipal Commissioner/Executive Officer/Special Officer may withdraw an approval granted or amend any condition or impose a further condition in respect of such approval if, in the opinion of the Municipal Commissioner/Executive Officer/Special Officer, the OMD concerned:-

(i)       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;

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

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

(iv)    is or has become prohibited in terms of these regulation or any other law;

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

(vi)    have any addition made to it except for the purpose of making it secure under the direction of the Municipal Commissioner/Executive Officer/Special Officer;

(vii)   have any changes thereof;

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

(ix)    relates to any other site/location, as may be decided by the Municipal Commissioner/Executive Officer/Special Officer, Urban Local Bodies in public interest, safety, aesthetics etc.

2.        Prior to taking any decision mentioned in bye-law 8(1), Municipal Commissioner/Executive Officer/Special Officer shall issue notice to the registering entity, informing about its proposed decision. The registering entity within seven days of the date of notice may make written representations concerning the proposed decision.

3.        In case of partial or complete withdrawal of permission by Municipal Commissioner/Executive Officer/Special Officer, registering entity shall have to remove or amend within seven days the OMD at his risk and cost and refund of the balance amount of license fee shall be given to the owner within 30 days of such withdrawal.

4.        The Municipal Commissioner/Executive Officer/Special Officer shall give reason in writing for its decision on receipt of a representation from registering entity.

Regulation 9. General requirements for OMD.--

1.        After approval, OMD shall not be altered, removed, re-erected or upgraded, other than for maintenance work which may be required for the upkeep of an OMD, without prior written approval of the Municipal Commissioner/Executive Officer/Special Officer.

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

3.        No OMD 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 registering entity of the OMD concerned.

4.        The electrical connections and components in all the OMDs 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.

5.        Generators which are running on diesel/petrol/kerosene or any bio fuel causing noise. Air or water pollution shall not be allowed for providing power for illumination of any OMDs.

6.        The registering entity of the OMD shall ensure that disposal of any type of material including media for display is disposed of as per the Environment Protection Act, 1986 and other applicable laws/rules/regulation.

Regulation 10. Self Advertising.--

1.        Self Advertiser shall follow the provisions of these regulation for purpose of self advertising, however in following cases, Self Advertiser shall be exempted from payment of any fee other than registration fee;-

(i)       relating to a public meeting, to an election to Parliament, Legislative Assembly, Urban Local Bodies or to candidature in respect of such election;

(can be installed on only authorized spaces identified/earmarked by the Municipal Commissioner/Executive Officer/Special Officer.)

(ii)      if exhibited within the window of any building if the advertisement relates to the trade, profession or business carried in that building; or

(iii)     relating to the trade, profession or business carried on within the land or building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to analyze, entertainment or meeting to be held on or upon or in the same; or

(iv)    relating to the name of the land or building upon or over which the advertisement is exhibited, or to the name of the owner or occupier of such land or building; or

(v)      relating to the business of a railway administration and is exhibited within any railway station or upon any wall or other property of the railway administration; or

(vi)    relating to any activity of any department of the State Government or Union of India or the Urban Local Bodies but excluding Board/Corporations;

(vii)   on a property where a building, swimming pool, tennis court, paving, fencing of garden landscaping or any other structure is in the course of being constructed, erected, carried out or altered and on which the activity concerned is described and the name of any architect, contractor or consultant concerned in such activity is displayed and the branch of the industry or the profession involved in specified;

(viii)  media device for hawkers;

(ix)    handcarts; and

(x)      cycle rickshaws.

Regulation 11. Prohibited Area.--

1.        In addition to any other prohibition, expressed or implied, in these regulation, no person shall erect, maintain or display and OMDs or advertisements on:

(i)       national parks, district forests and natural water bodies;

(ii)      any wall posters, cloth banners and wall paintings;

(iii)     building of archaeological, architectural aesthetical, historical or heritage importance;

(iv)    statues minarets or pillars of heritage importance;

(v)      areas classified as remnant endangered regional ecosystems;

(vi)    specific no advertisement zones/areas notified by the Municipal Commissioner/Executive Officer/Special Officer from time to time; and

2.        No person shall deface or cause to be defaced any device, mark letter or words that may have been put up by the Urban Local Bodies on the permitted OMDs/advertisements by the Urban Local Bodies; any contravention thereto shall be punishable under the Jharkhand Prevention of Defacement of Property Act, 1987 (5 of 1987); and the Jharkhand Local Bodies Advertisement Regulation, 2017.

3.        In addition to any other prohibition, expressed or implied, in these regulation, the Municipal Commissioner/Executive Officer/Special Officer shall take necessary action to modify or remove the following advertisement or OMDs showing or expressing:

(i)       nudity;

(ii)      racial advertisements or advertisements propagating caste community or ethnic differences;

(iii)     advertisement promoting drugs, alcohol, cigarette or tobacco items;

(iv)    advertisement propagating exploitation of women or child;

(v)      advertisement having sexual overtones;

(vi)    advertisement depicting cruelty to animals;

(vii)   advertisement depicting any nation or institution in poor light;

(viii)  advertisement casting aspersion on any brand or person;

(ix)    advertisement banned by any law;

(x)      advertisement glorifying violence;

(xi)    lottery tickets, sweepstakes entries and slot machines related advertisements;

(xii)   destructive devices and explosives depicting items;

(xiii)  any psychedelic, laser or moving displays;

(xiv)  advertisement of weapons and related items (such as firearms, firearm parts and magazines, ammunition etc.);

(xv)   advertisement which may be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

(xvi)  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;

(xvii) 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

(xviii)   any other items considered inappropriate and notified from time to time by the Municipal Commissioner/Executive Officer/Special Officer.

Regulation 12. OMDs on property of Municipal Corporation.--

The Urban Local Bodies shall, from time to time identify locations and property within its jurisdiction, to allow new OMDs and prepare or up-date the master plan of outdoor media, simultaneously.

Regulation 13. Format of Outdoor Media Devices (OMD).--

OMDs shall be classified as per details set out in Annexure 5 and with permissible dimensions set out in Schedule 1.

Regulation 14. License Fees and Advertisement Tax.--

(1)     The license fees in terms of section 172 (3) of the Act shall be payable by the owner in advance on annual basis at such rates as the Municipal Commissioner/Executive Officer/Special Officer may, specify, by an order, from time to time.

(2)     In case of removal of advertisement by Municipal Commissioner/Executive Officer/Special Officer on account of reasons attributable to Urban Local Bodies, pro-rata amount shall be credited to the owner.

(3)     In addition to the license fee, the registered entity shall deposit bank guarantee of an amount equivalent to the quarterly license fee payable to the Urban Local Bodies in advance, valid for license period.

(4)     The license fee shall be applicable immediately on notification of these regulation on all OMDs including existing OMDs as the Municipal Commissioner/Executive Officer/Special Officer may, specify, by an order, from time to time.

(5)     Tax on Advertisement in terms of section 173 (3) shall be paid by the owner of the OMD in addition to the license fee, at a rate as may be determined by Urban Local Bodies from time to time.

(6)     Tax on Advertisement will be paid in advance on half yearly basis. Payment for first half yearly must be done by 30th April and second half yearly by 31st October.

(7)     If not paid within then 1% interest per month will be charged.

Regulation 15. Inspections.--

(1)     The Municipal Commissioner/Executive Officer/Special Officer or an officer nominated by him shall for any purpose relating to the implementation and enforcement of these regulation, carry out an inspection of any OMD.

(2)     The Municipal Commissioner/Executive Officer/Special Officer or an officer nominated by him, shall before the commencement of, or during an inspection, at the request of the registering entity, produce written confirmation of his appointment as a nominated officer empowered to carry out inspections for the purpose of these regulation.

(3)     An officer nominated by the Municipal Commissioner/Executive Officer/Special Officer shall carry out the inspection with respect to "Outdoor Advertising Media Device Audit form" as notified by the Municipal Commissioner/Executive Officer/Special Officer, from time to time.

Regulation 16. Maintenance of OMDs and removal of unauthorized advertisements.--

(1)     Subject to provisions in these regulation,-

(i)       the registering entity 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 regulation;

(ii)      an owner shall carry out at least once in three months inspection of an OMD with a view to satisfying himself that it has been properly maintained and forthwith carry out any necessary maintenance resultant upon such inspection.

(2)     The registering entity shall ensure that an information plate (minimum size of one feet by one feet) with the embossed logo of Urban Local Bodies providing details of approval of Municipal Commissioner/Executive Officer/Special Officer and details of the OMD, as required by Municipal Commissioner/Executive Officer/Special Officer, are displayed and maintained in good condition at all times. Failure to do so shall result in penalty as specified in the Act.

(3)     If in the opinion of Municipal Commissioner/Executive Officer/Special Officer, and OMD is in a dangerous or unsafe condition or has been allowed to fall into a state of disrepair or is in conflict with any requirement of these regulation, Municipal Commissioner/Executive Officer/Special Officer shall serve a notice on the registering entity to remove/maintain the OMD, within the specified period and registering entity shall be required to comply thereof or take suitable action.

(4)     If the Municipal Commissioner/Executive Officer/Special Officer is of the opinion that an OMD constitutes an imminent danger to any person or property, it shall without serving, or if such a notice has been served but not complied with within the period specified therein, remove/maintain the OMD.

(5)     The cost incurred for the removal and storage of an OMD, and any other costs incurred by the Urban Local Bodies as contemplate in bye-law 16(4), shall be recovered from the registering entity. The OMD shall be removed at the risk of the registering entity by the Urban Local Bodies.

(6)     If an OMD has been removed in terms of bye-law 16(4), Urban Local Bodies shall promptly in writing inform the registering entity, about such removal of OMD.

(7)     Any OMD which has been removed and stored in terms of these regulation shall be released to its registering entity subject to payment of fee/charges as the Municipal Commissioner/Executive Officer/Special Officer may, specify, by an order, from time to time.

(8)     An unauthorized outdoor advertisement shall be removed promptly by the Urban Local Bodies. The Urban Local Bodies shall immediately dispose of such advertisement/structures on as-is where-is basis and shall prepare and implement such adequate process for such removal and disposal process.

(9)     The entire list of authorized registered Owner shall be displayed, without ownership display, for scrutiny by public at large and brands to identify and ensure that the advertisement being released by them is being mounted only on authorized OMDs. Failure to comply with above requirement shall be punishable under the Jharkhand Prevention of Defacement of the Property Act, 1987 ( 5 of 1987 ) and action against brand; manufacturer shall be taken by way of penalties as specified in the Act.

Regulation 17. Documentation.--

The owner shall retain certified copies of all documentation relating to the application for approval of such device in terms of these regulation, for as long as OMD is erected or displayed, and shall on request by an authorized official, present such documentation.

Regulation 18. Serving of Notice.--

1.        Any notice that is required to, or may be served, delivered or given in terms of, or for the purposes of these regulation, shall be served in any of the following ways:-

(i)       by sending a copy of the notice by registered or under postal certificate to the last-known address of the person concerned/registering entity, and, unless the contrary is proved, it is deemed that service was effected on the seventh day following the day on which the document was posted;

(ii)      by faxing a copy of the notice to the person, if the person has in writing furnished a fax number to the Urban Local Bodies Authority;

(iii)     by forwarding the notice through e-mail at the registered E-mail ID; and

(iv)    by handing over a copy of the notice to the owner or any of the authorized representative of registering entity.

Regulation 19. Appeal.--

1.        Any person, whose rights are affected by a decision of Municipal Commissioner/Executive Officer/Special Officer and an officer nominated by him in terms of or for the purposes of these regulation, may appeal against that decision to the Principal Secretary, Urban Development and Housing Department, Govt. of Jharkhand.

2.        Before lodging an appeal, the affected person shall submit representation for seeking review of the decision of Municipal Commissioner/Executive Officer/Special Officer and an officer nominated by him.

Regulation 20. Offences & Penalties.--

1.        Whosoever contravene any of the provision of these byelaws, shall be liable to fine/penalty as specified under the Act.

2.        In case of continuing violation beyond fifteen days, the entire building shall be debarred for display of advertisements and existing sites shall be declared unauthorized. It shall remain unauthorized for a minimum period of three months or till such OMD is made to comply with regulation, whichever is later. This fine shall be over and above the license fee which is required to be paid for unauthorized display of advertisement.

3.        In case of unauthorized OMD installed by any unregistered entity, the brands (entity responsible for releasing/placing advertisement on the said OMD) shall each be liable to a fine/penalty specified under the Act. This fine shall be over and above the license fee which is required to be paid for unauthorized display of advertisement.

4.        In case more than three separate instances of violation of OMD have occurred with the same registering entity, shall lead to blacklisting of the owner including its Directors for a period of three years. due to aforesaid black listing of the owner and Directors other OMD with the owner shall automatically become unauthorized. Reintroduction of eligible OMD shall be possible with fresh application requiring submission and evaluation.

Regulation 21. Indemnity.--

1.        Registering Entities shall be required to indemnify the Urban Local Bodies for the designated OMDs and activities against all actions, proceedings, claims, demands, costs, losses, damages and expenses which may be brought against, or made upon the Urban Local Bodies which arise as a result of the installation or existence of OMDs.

2.        Registering Entities 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 Urban Local Bodies, its employees or any entity employed/appointed by Urban Local Bodies.

Regulation 22. Urban Local Bodies may strive for IT based solution for application, renewal and monitoring.--

1.        The Urban Local Bodies may strive to adopt a transparent system for grant of permission for display of solution for outdoor advertisements and monitoring of the same. Urban Local Bodies may strive to develop an application, Information Technology based system for grant of such permission and monitoring. Urban Local Bodies may strive to prepare a GIS based Outdoor Media Master Plan for the areas which come under the jurisdiction of Urban Local Bodies. All the existing and proposed OMD with their GPS coordinates will be marked on the GIS map of the City and the same will be available on the Website of Urban Local Bodies.

2.        Salient features of the system shall be as follows:

(i)       these regulation and all notification related to outdoor media may be made available to general public by means of display of information on the website of Urban Local Bodies;

(ii)      online registration of entities may be enabled and the registering entities may be assigned a unique Identity number which shall be password protected for all future correspondence with Urban Local Bodies in matters related to Outdoor Media;

(iii)     all existing and proposed outdoor Media may be GPs tagged and may be available with Urban Local Bodies on a GIS map of the City;

(iv)    all applications for the installation of outdoor media shall be submitted online;

(v)      each outdoor media site may have unique code assigned to it which shall convey its authorization, ownership, location (GPS coordinates), type of media, size (area of display), advertisement/license fee payable, validity of agreement for display of advertisement and any other information which in the opinion of Urban Local Bodies is required to be coded;

(vi)    approvals of all OMD shall also be given electronically by Municipal Commissioner/Executive Officer/Special Officer; and

(vii)   all notices shall also be sent electronically to the defaulters registering entity.

Regulation 23. Interpretation.--

Should any doubt arise as to the interpretation of any of the provisions of these Rules, the matter shall be referred to the Urban Development and Housing Department, whose decision thereon shall be final.