In exercise of the powers under Section 227
read with clause (h) of sub-section (2) of Section 172, 192, 193, 194, 195,
196, 219, 305, 306 and sub-section (1) of Section 540 and Section 550 of the
Uttar Pradesh Municipal Corporation Act, 1959 (Act No. II of 1959) read with
Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No. 1 of
1904) and in supersession of all the previous rules and order issued in this
behalf, the Governor, after previous publication and considering the objections
and suggestions received in Municipal Corporation Lucknow, is pleased to make
the following rules
Rule - 1. Short title, extent and commencement.
(1)
These rules
may be called the Lucknow Municipal Corporation (Assessment and Collection of
Tax on Advertisement) Rules, 2014.
(2)
They shall
extend to the whole of the area of the Lucknow Municipal Corporation.
(3)
They shall
come into force with effect from the date of their publication in the Gazette.
Rule - 2. Definitions.
(1)
In these
rules, unless there is anything repugnant in the subject or context,
(i)
'Act' means
the Uttar Pradesh Municipal Corporation Act, 1959;
(ii)
'Advertiser'
means a person who has been granted written permission under these rules to
erect, exhibit, display, stick, paste, write draw or hang any advertisement or
hoarding and includes, the agent representative or servant of such person and
also includes the owner of the land and building;
(iii)
'Advertising
sign' means any surface or structure with characters, letters or illustrations
applied thereto and displayed in any manner whatsoever out of doors for
purposes of advertising or to give information regarding or to attract the
public to any place, person, public performance, article or merchandise
whatsoever, and which surface or structure is attached to, forms part of or is
connected with any building, or is fixed to a tree or to the ground or to any
pole, screen, fence or hoarding or displayed in space;
(iv)
'Advertisement'
means the advertisement through advertising sign and as defined in sub-section
(1) of Section 2, clause (h) of sub-section (2) of Section 172 and Section 192
of the Act;
(v)
'Balloon'
means a gas filled balloon anchored to a point on the ground and afloat in the
air with or without a streamer of cloth, etc;
(vi)
'Banner'
means a flexible substrate on which copy or graphics may be displayed;
(vii)
'Banner
sign' means a sign utilizing a banner as its display surface;
(viii)
'Committee'
means the Committee for site selection constituted under Rule 3;
(ix)
'Corporation'
means the Lucknow Municipal Corporation;
(x)
'Electrical
sign' means an advertising sign in which electric fittings, which are an
integral part of the signs, are used;
(xi)
'Gantry
sign' means rectangular advertising sign displayed on road by laying
consolidated iron pillar on both sides of the road at minimum prescribed
height;
(xii)
'Ground
sign' means an advertising sign detached from a building, and erected or
painted on the ground or on any pole, screen, fence or hoarding and visible to
the public;
(xiii)
'Illuminated
sign' means an advertising sign, permanent or otherwise, the functioning of
which depends upon its being illuminated by direct or indirect light;
(xiv) 'Marquee sign' means an advertising sign attached to or hung from a
marquee canopy or other covered structure projecting from and supported by the
building and extending beyond the building wall, building line;
(xv)
'Projecting
sign' means an advertising sign affixed to any building element and projecting
more than 300 millimeter therefrom;
(xvi) 'Right of way' means width of the land secured and preserved for road
purposes;
(xvii) 'Roof sign' means an advertising sign erected or placed on or above the
parapet or any portion of a roof of a building including signs painted on the
roof of a building;
(xviii)
'Schedule'
means a Schedule appended to these rules;
(xix) 'Sign on Bus Shelter' means an advertising sign displayed, hanged or
painted on the outer or inner side of Bus Shelter under any bus operation;
(xx)
'Sign on
Flower Pot Stand' means advertising sign of permissible/prescribed size
displayed on Flower Pot Stand after seasonal plantation in it on permissible
dividers or last corner of road/pavement suitable for environment;
(xxi) 'Sign on Public Utility Places' means advertising sign displayed on/near
or in any manner in any Public utility place;
(xxii) 'Sign on Traffic/Police Booth or Traffic Island' means advertising sign
which displayed/hanged/painted on or around any Traffic/Police Booth or Island;
(xxiii)
'Sign
Structure' means any structure supporting a sign;
(xxiv)
'Tax' means
the advertisement tax referred to in clause (h) of sub-section (2) of Section
172 of the Act;
(xxv)'Temporary Sign' means an advertising sign, banner or other advertising
device constructed of cloth, canvas, fabric or any other light material, with
or without a structural frame, intended for a limited period of display;
including decorative displays for holidays or public demonstrations;
(xxvi)
'Tree Guard
Sign' means advertising sign of permissible/prescribed size displayed on Tree
Guard after tree plantation on permissible dividers or last corner of
road/pavement suitable for environment;
(xxvii)
'Verandah
sign' means an advertising sign attached to, posted on or hung from a verandah;
(xxviii) 'Wall Sign' means an advertising sign, other than a projecting sign,
which is directly attached to or painted or pasted on the exterior surface of
or structural element of any building;
(2)
Words and
expressions not defined in these rules but defined in the Act, shall have the
meanings respectively assigned to them in the Act.
Rule - 3. Constitution of a Committee for site selection.
(1)
There shall
be constituted a Committee in the Lucknow Municipal Corporation, to identify
the proper and suitable sites for the advertisement or hoarding and to decide
its size, height and aesthetic aspect under the Chairmanship of the Municipal
Commissioner or Additional Municipal Commissioner.
(2)
The
Committee shall consist of
(i)
The
Municipal Commissioner or Additional Municipal Chairman Commissioner nominated
by Municipal Commissioner;
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(ii)
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The Chief
Engineer, Municipal Corporation;
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Member
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(iii)
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The
Secretary, Lucknow Development Authority;
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Member
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(iv)
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The
Project Director of National Highway Authority of India (where the site is
related to National Highway Authority of India);
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Member
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(v)
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The
Executive Engineer of Public Works Department and representative of Railways
(where site is related with P.W.D. or railway);
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Member
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(vi)
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Gazetted
Officer In-charge of the traffic in the city (Traffic Police Department);
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Member
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(vii)
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Regional Manager
of the Uttar Pradesh State Road Transport Corporation (where site is related
to allotment of Bus Shelter);
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Member
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(viii)
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The
Traffic Engineer of Corporation or officer not below the rank of Executive
Engineer
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Member-Secretary
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Note.- The Municipal Commissioner in consultation with the Mayor may
co-opt one or more member as he may think proper.
(3)
The
applications shall be invited by the Municipal Commissioner for granting
permission on the sites identified by the Committee by advertising in at least two
daily newspapers of repute. The advertisement must specify the minimum premium
fixed by the Municipal Commissioner with regard to each proposed site.
(4)
The
advertisements and hoarding shall be permitted only after the identification of
the sites and recommendation of the Committee.
Rule - 4. Prohibition.
(1)
No person
shall without written permission from the Municipal Commissioner previously
obtained, erect, exhibit, display, stick, paste, write, draw or hang any
advertisement or any kind of information or picture which gives an impression
of being an advertisement to a common prudent person, on any house, bridge,
street, footpath, fly-over or the land appurtenant thereto or tree guard, nagar
pracheer, boundary wall, city gate, electric or telephone poles, moving
vehicles or any open place within the limits of the Corporation.
(2)
No person
owning or otherwise occupying any land or building within the limits of the
Corporation shall, without the written permission of the Municipal
Commissioner, erect, exhibit, display, stick, paste, write, draw or hang any
advertisement or any part of such land or building, nor shall permit any other
person to erect, exhibit, display, stick, paste, write draw or hang any
advertisement on such land or building of such advertisement is visible from
any public place or public street.
(3)
No hoarding
shall be installed in such a manner that there is impediment of front and side
vision in the movement of traffic.
(4)
No hoarding
shall be installed in Right of way of National/State highways and within 10
metre of the edge of the carriageway of National/State Highways.
(5)
No hoarding
shall be installed within 10 metre of the edge of the carriageway of other
roads except as specified under this rule.
Rule - 5. Registration and Renewal of Advertisers.
(1)
Advertiser/Advertising
Agency has to deposit Rs. 50,000 (Fifty thousand) registration fee and Rs.
2,00,000 (Two lakh) security money for registration in "A" category,
Rs. 30,000 (thirty thousand) registration fee and Rs. 1,50,000 (One lakh fifty
thousand) security money for registration in "B" category, Rs. 15,000
(Fifteen thousand) registration fee and Rs. 75,000 (Seventy five thousand)
security money for registration in "C" category.
(2)
Every
application for obtaining permission shall be made in the prescribed Form,
specified in Schedule 1, which shall be obtained from Municipal Corporation
office by paying Rupees Five hundred or can be downloaded from the website of
the Corporation, however, the receipt of the cost of application shall be submitted
along with the application at the time of submitting the application.
(3)
Renewal of
the registration shall be mandatory within seven days from the starting of
financial year. Renewal fee for "A" category shall be Rs. 30,000
(Thirty thousand), for "B" category Rs. 20,000 (Twenty thousand) and
for "C" category Rs. 10,000 (Ten thousand). Advertisers/Agency
registered in "A" category only shall be eligible to participate in
auction/bid process.
Rule - 6. Procedure for obtaining permission.
(1)
Every
application for obtaining permission shall be made in the prescribed form,
specified in Schedule 1, which shall be obtained from Municipal Corporation
office by paying Rupees Five hundred or can be downloaded from the website of
the Corporation, however, the receipt of the cost of application shall be
submitted along with the application at the time of submitting the application.
(2)
Every
application, referred to in sub-rule (1), shall contain detailed information
about the land, building or place where the proposed advertisement or hoarding
is sought to be erected, exhibited, displayed, stuck, pasted, written, drawn or
hung along with the site plan of such land, building or place and shall include
the following information
(a)
full
specification showing the length, height and weight of the sign, the location
where it is to be erected, to be finalised by allocation committee and
accordingly required design calculation shall be furnished with the
application.
(b)
in the case
of roof signs, projecting signs or ground signs in addition to the foregoing,
the size of all members of supporting frameworks and anchorages, and, if
required by the Municipal Commissioner, the necessary design calculations shall
be furnished with the application;
(c)
any other
particulars as may be required by the Municipal Commissioner;
(d)
in the case
of balloon signs, necessary information as required by the Municipal
Commissioner may be supplied.
(3)
If the
advertisement is sought to be exhibited or displayed on the side of any public
road or in any private premises, by affixing any structure, then the following
details shall also be furnished along with such application
(a)
the details
of the advertisement and the size of the proposed structure.
(b)
the efficacy
report from a Structural Engineer duly approved by the Municipal Commissioner;
(c)
agreement
letter of the consent of land/building owner.
The application shall be made through a Structural Engineer duly
approved by the Municipal Commissioner along with necessary drawings and
structural calculations. The wind load taken in the design calculations shall
be in accordance with Part 4 'Structural Design, Section 1 Loads, Forces and
Effects of National Building Code, 2005';
(4)
If the
advertisement or hoarding is sought to be erected, exhibited, displayed, stuck,
pasted, written, drawn or hung on any private land or building or any part
thereof and the applicant is not the owner of such land and building, then the
application shall be accompanied by the written permission from the owner of
such land or building.
(5)
Every owner
of the land or building referred to in sub-rule (4), shall have to give an
undertaking in writing that in case of any default, he will be liable to pay
the tax due to the advertiser. Municipal Commissioner or any Officer authorised
by him shall have the right to enter the premises to remove the hoarding.
(6)
In case any
owner of the land desires to display an advertisement on his own land, he shall
have to submit detailed information together with the application and take
permission under these rules.
(7)
If any
person after obtaining permission to erect a tree guard exhibits or displays
any advertisement on such tree guards/flower pot he shall be liable to pay tax
under these rules.
(8)
Permission
shall be granted subject to such conditions as may be imposed by the Municipal
Commissioner in the interest of public safety and decency.
(9)
Every
application shall be accompanied by the full amount of premium offered or first
instalment of amount prescribed by Municipal Commissioner:
Provided that the balance amount of premium shall be paid within the
time prescribed by Municipal Commissioner.
Rule - 6-A. Conditions for granting permission.
(1)
The
permission to erect, exhibit, display, stick, paste, write, draw or hang an
advertisement or a hoarding shall be granted on the following terms and
conditions, that
(a)
the
permission shall be effective only for the period for which it was granted,
provided that tax or tax with premium has been paid and deposited in the
Municipal Fund, in accordance with these rules;
(b)
the
advertisement or hoarding shall be written, pasted, embrossed or painted in
such colours and sizes as may be approved by the Municipal Commissioner and the
height of hoarding whether installed on ground or on building shall not be more
than 6.2 metre in height. The distance between two adjacent hoardings shall not
be less than the width of 10 metre. In case of unipole the distance between two
unipole shall not be less than 15 metre;
(c)
the
advertisement or hoarding shall be kept and maintained in proper conditions;
(d)
the permission
granted shall not be transferable;
(e)
the contents
or description of the advertisement or hoarding shall not be changed without
the written permission of the Municipal Commissioner;
(f)
the
advertisers shall remove or wipe off the advertisement within one week from the
expiry of the period for which the permission was granted;
(g)
the
advertisement boards or hoardings shall be installed, exhibited, displayed or
erected at the permitted place only;
(h)
the land
left open for road is available to the pedestrians, cyclists, etc. to have free
and safe movement;
(i)
the light
and ventilation of buildings, if any situated near the signs and hoardings
shall not be obstructed in any way;
(j)
in the
public interest the Municipal Commissioner shall have the right to suspend the
permit even before the expiry of the period, after which the advertiser shall
remove the signs;
(k)
the
advertiser shall abide by these rules and the regulations laid down by the
Municipal Commissioner;
(l)
the signs
should not mar the aesthetic beauty of the locality. For any advertisement use
of plastic banned by Environment department shall be prohibited;
(m)
the signs
other than pertaining to building shall not be permitted to come in front of
building such as hospitals, educational institutions, court, public offices,
museums, buildings devoted to religious worship and buildings of national
importance;
(n)
the
maintenance and inspection of advertising signs and their supports shall be in
accordance with Rule 24;
(o)
that all
signs shall conform to the general requirements given in Rule 16 'General
Requirements for All Signs';
(p)
that the
signs shall not be nailed or tied to trees or any other woody vegetation.
(2)
The written
permission or the renewal granted by the Municipal Commissioner shall expire
forthwith
(a)
if any sign
or the part thereof falls either through an accident or any other causes;
(b)
if any
addition is made except for the purpose of making it secure under the direction
of the Municipal Commissioner;
(c)
if any
change is made in the sign or part thereof;
(d)
if any
addition or alteration is made to the building or structure upon or over which
the sign is erected and if such addition or alteration involves disturbance of
the sign or any part thereof; or
(e)
if the
building or structure upon or over which the sign is erected, fixed or
restrained becomes demolished or destroyed.
Rule - 6-B. Premium.
(1)
The
Municipal Commissioner shall fix the minimum premium amount for every site in
accordance with importance of site.
(2)
Minimum
seven days time shall be given to provide offers in sealed cover.
(3)
The offer
should be accompanied by Bank Draft/Banker cheque of full amount or 50%
mentioned therein. Remaining amount of premium shall be deposited after
proposal sanctioned within the period as directed by Municipal Commissioner.
Rule - 7. Allotment Committee.
(1)
There shall
be constituted in Corporation an Allotment Committee under the Chairmanship of
the Municipal Commissioner, consisting of
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(i)
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The
Additional Municipal Commissioner nominated by Municipal Commissioner;
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Member
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(ii)
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The Chief
Engineer of the Corporation;
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Member
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(iii)
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The
Engineer of Traffic cell posted in corporation
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Member
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(iv)
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The Zonal
Officer of concerned zone
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Member
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(v)
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An officer
not below the rank of Assistant Municipal Commissioner/Tax Assessment officer
in-charge of advertisement and hoarding.
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Member-Secretary
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Note.- The Municipal Commissioner in consultation with the Mayor may
co-opt one or more member as he may think proper.
(2)
(i) The
Committee shall fix minimum amount of premium for erecting the structure on
public land/land vested in Nagar Nigam (street, footpath, divider, tiraha,
intersection, island park or any public place) according to commercial
importance of that place and number of person passing through that place;
(ii) The Committee shall scrutinize applications Forms, tenders, offers
in accordance with norms specified in these rules and approve accordingly.
(3)
The
permission shall be given to the applicant having highest offer after
depositing the offered amount of premium in full, along with the tax under Rule
26.
(4)
The
Member-Secretary shall issue permission order duly approved by the Committee.
(5)
Permission
order shall be issued only after the security amount or first instalment of
approved premium and advertisement tax is deposited by the advertiser to the
Corporation.
(6)
If applicant
offering highest premium, do not deposit approved premium and advertisement tax
and withdraw his proposal from tender due to any reason, money deposited by him
for auction/tender, shall be forfeited.
(7)
Detail
information, instructions and terms and conditions shall be mentioned in the
permission order.
(8)
Every site
for advertisement (e.g. hoarding, unipole, bus-shelter, gantry etc.) and
advertisement on electric, telephone poles, tree guard, flower pot shall be
auctioned or tendered in the above manner by the same way.
(9)
In case any
advertisement is intended to be displayed on private building or land, the
annual advertisement tax specified in the Schedule 2 shall be payable, by the
advertiser.
(10)
If the
advertisement or hoarding is to be displayed, erected or exhibited on any
public road (except National Highway/State Highway where it is not permitted)
or the land appurtenant to it or any public place, electric or telephone poles
or tree guard or boundary wall, the annual tax specified in Schedule 2 and the
sum of highest premium shall be payable by the applicant.
Rule - 8. Grounds for rejection of applications.
Every application for obtaining permission under Rule 4 may be rejected
on any one or more of the following grounds, that,
(a)
the
application does not contain the requisite information and details or is not in
conformity with these rules;
(b)
the proposed
advertisement is indecent, obscene, repulsive, revolting or objectionable
character or prejudicial to the Municipal Corporation or savouring political
propaganda or of a nature calculated to produce pernicious or injurious effect
on public or any particular class or persons, or is displayed in such a place,
in such a manner or by any such means as, in the opinion of the Municipal
Commissioner, could be likely to affect injuriously the amenities of, or to
disfigure any neighbourhood or it contains objectionable writing or obscene
nude sketches, pictures or any symbol of intoxication;
(c)
the proposed
advertisement is likely to create breach of public peace or tranquillity or is
against public policy and unity;
(d)
the proposed
advertisement is likely to cause damage to life or property during storm or
hurricane;
(e)
the proposed
advertisement is likely to cause traffic disturbance or hazard;
(f)
the site of
the proposed advertisement is inconsistent with the provisions of any law for
the time being in force;
(g)
the
advertisement or hoarding is sought to be erected or displayed on any land or
building and the property tax referred to in Section 172 in respect of such
land or building remains unpaid on the date of application.
(h)
any other
reason which Municipal Commissioner may think proper in nagar nigam interest
and in public interest.
Rule - 9. Mode of granting permission.
It shall be lawful for the Municipal Commissioner to grant permission on
the recommendation of the Allotment Committee to erect, exhibit, display,
stick, paste, write, draw or hang an advertisement or hoarding in any one or
more of the following modes
(i)
by public
auction;
(ii)
by inviting
tenders;
(iii)
by renewal
of permission granted earlier under prescribed rules and conditions but
permission shall be not granted in any case where traffic movement and
pedestrian walk may be obstructed;
(iv)
permission
of advertisement on private site/building may be granted under other provision
of this rule with the consent of owner of premises;
(v)
applications
for permission and renewal of the advertisement shall be devolved and
communicated to advertiser within 15 days. If permissible has to be granted
through auction/bid then decision shall be made within 15 days of auction/bid
and communicated to advertisers who had participated in auction/bid.
Rule - 10. Duration of permission.
The permission shall be for the period specified in the permission
order. Such written permission shall be granted for any period not exceeding
one year from the date of each such permission or up to 31st March of that
financial year when permission was granted, whichever will be earlier.
Rule - 11. Renewal of permission.
Renewal of permission may be done by the Municipal Commissioner under
Rule 6(3) after deposit of prescribed premium/renewal fee and full
advertisement tax. For this advertiser has to submit application form on
prescribed format annexed as Schedule 1. After renewal of permission, due
premium/renewal fee and advertisement tax has to be paid.
Rule - 12. Power to remove the advertisements or hoardings.
(1)
If an
advertisement or hoarding is erected, exhibited, displayed, stuck, pasted,
written, drawn or hung in contravention of the these rules, or is hazardous or
dangerous to public safety or causes disturbance to safe traffic movement, the
Committee may get the same removed or washed off without any notice to the
advertiser and may recover the following amounts from the security deposited
(i)
the expenses
of such removal or washing off; and
(ii)
the amount
of damages for the period during which such advertisement or hoarding was
erected, exhibited, displayed, stuck, pasted, written, drawn or hung in such
contravention.
(2)
Whenever any
advertising sign is removed, whether in consequence of a notice or order by the
Municipal Commissioner or otherwise, any damage or defacement in the building
or site on or from which such sign was displayed, shall be made good to the
satisfaction of the Municipal Commissioner. If during the removal of
advertising sign, the road surface/footpath/traffic signal or any other public
utility services is damaged then the money recovered from the advertiser should
be transferred to the concerned department by the Corporation.
Rule - 13. Restrictions on advertisement.
(1)
Notwithstanding
anything to the contrary contained in any contract or agreement, no
advertisement or hoarding shall be erected, exhibited displayed, stuck, pasted,
written, drawn or hung, if,
(i)
it exceeds
12.2 metres x 6.2 metres in size and its bottom line is less than 2 metre above
the ground level;
(ii)
it is
located at a place within 20 metre measured along the road from the centre of
crossing of any road, road junctions or bridges;
(iii)
it does not
run parallel to the road or obstructs or likely to obstruct the vehicular or
pedestrian traffic;
(iv)
in the
opinion of the Committee, the proposed site is unsuitable for the advertisement
or hoarding;
(v)
it is placed
across the road and road patri/footpath;
(vi)
it projects
outside any private premises on which it is so erected, exhibited or displayed;
(vii)
it is
located around historical or national monuments, public buildings and walls,
hospitals, educational institutions, court, public offices and places of
worship;
(viii)
the site
falls within the prohibited area declared by the Corporation or the State
Government or the Central Government for this purpose under Rule 22.
(ix)
in
dilapidated condition which may fall in storm (rainy season).
(2)
Advertisements
and hoardings shall not be permitted:
(i)
in such
manner and at such places as to obstruct or interfere with the visibility of
approaching, merging or intersecting traffic;
(ii)
within right
of way of National/State Highways and within 10 metre of the edge of the carriageway
of National/State Highways and within 20 metre distance of important
intersections;
(iii)
within 50
metre along the road, of any Sign Board erected for the regulation of traffic
under the orders of a Public Authority such as Traffic Authority, a Public
Transport Authority, or a Local Authority or Public Works Department or
National Highway Authority of India;
(iv)
in such a
Form as will obscure or hinder interpretation of any sign, signal or other
device erected for traffic control by the Public Authorities;
(v)
on boards,
placards, cloth banners or sheet hung across a road as they distract the
attention of the driver and are therefore hazardous;
(vi)
in such Form
as will obstruct the path of pedestrians and hinder their visibility at
crossing;
(vii)
when these
will affect local amenities.
(3)
(i) Written
permission of building owner shall be compulsory before sticking posters and
wall writing on private buildings. Sticking posters or writing anything on
public buildings, direction sign's and on hoarding containing important
information/notice shall be completely banned and punishable offence.
(ii) cross banner on roads shall be completely banned.
(iii) there will be compulsion for gantry signs that indicating
location, direction and distance should be mentioned on both corners of gantry
which should not be less than 30 per cent of the total size of the
advertisement. Minimum height of gantry from the road should be kept in the
manner that loaded heavy trucks may pass through easily.
(iv) in flower pot only plant of seasonal flower shall be permissible.
Flower pot with cactus shall not be permissible.
(v) Advertisement display on tree guard/flower pot on or under any big
tree located on road side or on divider which have grown enough to support
themselves, shall be banned.
(vi) on any pole maximum number of two kiosk will be permissible which
can be hung back to back in such a way that only one kiosk will be visible from
one side.
(4)
Illuminated
advertisements and hoardings of the following descriptions shall not be allowed
(i)
illuminated
advertisements and hoardings of such intensity or brilliance as to cause glair
or impair vision of the driver or pedestrians, or which otherwise interfere
with any operation of driving;
(ii)
advertisements
and hoardings illuminated in such a way as to obscure or diminish effectiveness
of any official traffic sign, device or signal.
Rule - 14. Restrictions regarding roof Top Hoardings.
(1)
In the case
of advertisements or hoardings to be erected exhibited or displayed on the roof
of any building, the use of only vinyl or cloth sheet is permissible.
(2)
Subject to
the provisions of Rule 6 and Rule 13 the height of any advertisement or
hoarding on the roof of any building shall be not more than 6.2 metre and
breadth shall be not more than horizontal breadth in any condition.
Rule - 15. Type of Signs.
Signs shall be of the following types:
(a)
Electric and
illuminated signs/Electric, digital signs
(b)
Ground signs
(c)
Roof signs
(d)
Verandah/shops
signs
(e)
Wall signs
(f)
Projecting
signs
(g)
Marquee sign
(h)
Sky signs
(i)
Miscellaneous
and temporary signs
(j)
Traffic/police
booth or Traffic island sign
(k)
Public
utility signs
(l)
Special
types of umbrella signs
(m)
Flag sign,
Gate sign, Balloon sign
(n)
Tree
guard/Flower pot stand sign
(o)
Gantry sign
(p)
Sign on
building glass, fassad, wall rap, water tank.
A.
Electric
Signs and Illuminated Signs:
A.1 Material for Electric Sign: Every electric sign shall be constructed
of non-combustible material except where the sign is purely a flood-lit sign.
A.2 Installation of Electric Signs and Illuminated Signs: Every electric
sign and illuminated sign shall be installed in accordance with 'Part 8
Building Services, Section 2 Electrical and Allied Installations of National
Building Code, 2005'.
A.3 No illuminated sign in red, amber or green colour shall be erected
or maintained within a horizontal distance of 10 metre of any illuminated
traffic sign.
A.4 All advertising signs illuminated by light other than a transparent light
at height of less than two storey or 6.2 metre above the footpath, whichever is
greater height, shall be suitably screened so as to satisfactorily prevent any
interference with any sign or signal for the control of traffic.
A.5 Intense Illumination: No person shall erect any sign which is of
such intense illumination as to disturb the residents in adjacent or nearby
residential buildings. Notwithstanding any permission given for such erection,
any such sign which after erection is in the opinion of the Municipal
Commissioner, of such intense illumination as to disturb the occupants of adjacent
or nearby buildings shall, on the order of the Municipal Commissioner, be
suitably altered or removed by the owner of the site concerned within such
reasonable period as the Municipal Commissioner may specify.
A.6 Hours of Operation: No electric sign, other than those necessary in
the opinion of the Municipal Commissioner in the interest of public amenity,
health and safety, shall be operated between midnight and sunrise.
A.7 Flashing, Occulting and Animated: No flashing, occulting or animated
advertising sign, the periodicity of which exceeds 30 flashes per minute, shall
be erected so that the lowest point of such signs is less than 9 metre above
the ground level.
A.8 For illuminated signs in the vicinity of airports, 'No Objection
Certificate' for Airport Authority should be obtained.
B.
Ground
Signs:
B.1 Material: Every ground sign exceeding 6 metre in height together
with frames, supports and braces shall be constructed of non-combustible
material except as in sub-rule (4) of Rule 16.
B.2 Dimensions: No ground sign shall be erected to a height exceeding 6
metre above the ground Lighting reflectors may extend beyond the top or face of
the sign.
B.3 Support and Anchorage: Every ground sign shall be firmly supported
and anchored to the ground. Supports and anchors shall be of treated timber in
accordance with good practice or metal treated for corrosion resistance or
masonry or concrete.
B.4 Site Cleaning: The owner of any site on which a ground sign is
erected shall be responsible for keeping such part of the site as is visible
from the street, clean, sanitary, inoffensive and free of all obnoxious
substances and unsightly conditions to the approval of the Municipal
Commissioner.
B.5 Obstruction to Traffic: No ground sign shall be erected so as to
obstruct free access to or egress from any building.
B.6 Bottom Clearance: The bottom line of all ground signs shall be at
least 2 metre above the ground, but the intervening space may be filled with
open lattice work or platform decorative trim.
B.7 Ground painted signs shall conform to the requirements of Rule 14
where applicable.
C.
Roof Signs:
C.1 Material: Every roof sign together with its frames supports and
braces shall be constructed of non-combustible material, except as in sub-rule
(4) of Rule 16. Provisions shall be made for electric grounding of all metallic
parts; and where combustible materials are permitted in letters or other
ornamental features, all wiring and tubing shall be kept free and insulated
therein.
C.2 Location:
(a)
No roof sign
shall be so place on the roof of any building as to prevent free passage from
one part of the roof to another.
(b)
No roof sign
shall be placed on or over the roof of any building unless the entire roof
construction is of non-combustible material.
C.3 Projection: No roof sign shall project beyond the existing building
line of the building of which it is erected or shall extend beyond the roof in
any direction.
C.4 Supports and Anchorage: Every roof sign shall be thoroughly secured
and anchored to the building on or over which it is erected. All loads shall be
safely distributed to the structural members of the building.
C.5 For roof signs near the airports the 'No Objection Certificate' from
Airport Authority should be obtained.
C.6 Painted roof signs shall conform to the requirements of Rule 16
'General Requirements For All Signs' where applicable.
D.
Verandah
Signs:
D.1 Material: Every VERANDAH sign shall be constructed entirely of
non-combustible material except as in sub-rule (4) of Rule 16.
D.2 Dimensions: No VERANDAH sign should exceed 1 metre in height. No
VERANDAH sign hanging from a verandah shall exceed 2.5 metre in length and 50
millimeter in thickness, except that VERANDAH box sign measuring not more than
200 millimeter in thickness, measured between the principal faces of the sign
and constructed entirely of metal wired glass may be erected.
D.3 Alignment: Every VERANDAH sign shall be set parallel to the building
line; except that any such sign hanging from a VERANDAH shall be set at right
angle to the building line.
D.4 Location: VERANDAH signs, other than hanging signs only, shall be
placed in the following locations
(i)
immediately
above the eaves of the VERANDAH roof in such a manner as not to project beyond
the rear of the roof gutter.
(ii)
against but
not above or below the VERANDAH parapet or balustrade provided such parapet or
balustrade is solid and the sign does not project more than 20 centimetre from
the outside face of such parapet or balustrade; or
(iii)
on the
VERANDAH beams or parapets in the case of painted signs.
D.5 Height of Hanging VERANDAH signs: Every VERANDAH signs hanging from
a VERANDAH shall be fixed in such a manner that the lowest point of such sign
is not less than 2.5 metre above the pavement.
D.6 Projection: Except as provided for in D.4, no VERANDAH sign shall
extend outside the line of the VERANDAH to which it is attached.
E.
Wall Signs:
Every wall sign shall be constructed 3m x 3m as one unit of non-combustible
material
(a)
wall sign
shall be prohibited in restricted area/on the wall of public office, courts,
worship places, educational institutions, national monuments.
(b)
the decision
shall be made by municipal commissioner for wall signs in terms of aesthetic
beauty of city/locality and other specialties.
F.
Projecting
Signs:
F.1 Material: Every projecting sign and its support and framework shall
be constructed entirely of non-combustible material.
F.2 Projection and Height: No projecting sign in any part of its
supports or frame work shall project more than 2 metre beyond the building
however it shall not project beyond the plot line facing the street, when it
projects into the street it shall be at clear height of 2.5 metre from the
road.
(a)
The axes of
all projecting sign shall be at right angles to the main face of the building.
Where a V-construction is employed for the faces, the base of the sign against
the building shall not exceed the amount of the overall projection.
(b)
No
projecting sign shall extend above the eaves of roof or above the part of the
building face to which it is attached.
(c)
The maximum
height of a projecting sign shall be 6 metre.
F.3 Supports and attachment: Every projecting sign shall be securely
attached to a building so that movement in any direction is prevented by
corrosion resistant metal brackets, rods, anchors, supports, chains or wire
ropes so designed and arranged that half the number of such fixing devices may
safely support the sign under the circumstances. Staples or nails shall not be
used to secure any projecting sign to any building.
F.4 Additional loads: Projecting sign structures which could be used to
support an individual on a ladder or other servicing device whether or not
specifically designed for the servicing device shall be capable of supporting
the anticipated additional load but in no case less than 500 Kilogram
concentrated horizontal load and 1500 Kilogram vertical concentrated load
applied at the point of assumed loading or point of most eccentric loading. The
building component to which the projecting sign is attached shall also be
designed to support the additional loads.
G.
Marquee
Sign:
G.1 Materials: Marquee Signs shall be constructed entirely of metal or
other approved non-combustible materials.
G.2 Height: Such sign shall not exceed 2 metre in height nor shall they
project below the fascia of the marquee nor lower than 2.5 metre above the
footpath.
G.3 Length: Marquee signs may extend the full length but in no case
shall they project beyond the ends of the marquee.
H.
Sky Signs:
In the case of the sky signs: height of such sky sign shall not be more than 30
metre. The minimum height should be such as will not hinder or obstruct
vehicular or pedestrian movement.
I.
Temporary
Advertising Signs: Travelling Circus Signs, Fair Signs and Decorations During
Public Rejoicing
I.1 Type: None of the following advertising signs shall be erected or
maintained, other than as temporary signs erected in accordance with I.2.
(a)
Any
advertising sign which is painted on or fixed on to or between the columns of a
VERANDAH.
(b)
Any
advertising sign which projects above or below any fascia, bearer, beam or
balustrade of a VERANDAH or balcony.
(c)
Any
advertisement sign which is luminous or illuminated and which is fixed to any
fascia, bearer, beam or balustrade of any splayed or rounded corner of a VERANDAH
or balcony.
(d)
Any streamer
sign erected across a road.
(e)
Any sign not
securely fixed so as to prevent the sign swinging from side to side.
(f)
Any
advertising sign made of cloth, paper mache, or similar or like material but
excluding licensed paper signs on hoarding or fences.
(g)
Any
advertising sign on a plot used or intended to be used exclusively for
residential purposes, other than a brass plate or board preferably not
exceeding 600 millimeter x 450 millimeter in size, affixed to the fence or
entrance door or gate of a dwelling, and in the case of a block of flats,
affixed to the wall of the entrance hall or entrance door of any flat, and
(h)
Any sign on
trees, rocks, hillsides and similar natural features.
I.2 Requirements for Temporary signs:
(i)
All
temporary advertising, travelling circus and fair signs and decorations during
public rejoicing shall be subject to the approval of the Municipal Commissioner
and shall be erected so as not to obstruct any opening and to minimize fire
risk.
(ii)
The
advertisement contained on any such sign shall pertain only to the business,
industry or other pursuit conducted on or within the premises on which such
sign is erected or maintained. Temporary advertising sign shall be removed as
soon as torn or damaged and in any case within 14 days after erection unless
extended.
(iii)
The
Municipal Commissioner shall be empowered to order the immediate removal of any
temporary advertising sign or decoration, where, in its opinion such action is
necessary to the interests of public amenity and safety.
(iv)
Pole sign:
Pole sign shall be constructed entirely of non-combustible materials and shall
conform to the requirements for ground on roof signs as the case may be. Such
signs may extend beyond the street line if they comply with the provisions for
projecting signs.
(v)
Banner and
Cloth sign: Temporary signs and banners attached to or suspended from a
building, constructed of cloth or other combustible material shall be strongly
constructed and shall be securely attached to their supports. They shall be
removed as soon as torn or damaged, and in no case later than 14 days after
erection; except that permits for temporary signs suspended from or attached to
a canopy or marquee shall be limited to a period of 10 days.
(vi)
Maximum
Size: Temporary sign shall not exceed 10 metre2 in area.
(vii)
Projection:
Temporary signs of cloth and similar combustible construction shall not extend
more than 300 millimeter over or into a street or other public space except
that such signs when constructed without a frame may be supported flat against
the face of a-canopy are marquee or may be suspended from the lower fascia
thereof but shall not extend closer to the footpath than 2.5 metre.
(viii)
Special
permits: All temporary banners suspended from building or hung on poles, which
extend across streets or other public spaces shall be subject to special
approval of the Municipal Commissioner.
(ix)
Bill boards
set up by the Municipal Corporation shall be used for temporary signs, symbols,
bills for entertainment etc. so that other walls of city are not defaced.
Note.- Bill for entertainment and other functions shall not be affixed
on to building walls other than the bill boards. The organization responsible
for such bills and posters shall be held responsible for any such defacement
and non-removal of signs.
Rule - 16. General requirements for all Signs.
(1)
Loads: Every
advertising sign shall be designed so as to withstand safely the wind, dead
seismic and other loads as set out in Part 6 'Structural Design, Section 1
Loads, Forces and Effects of National Building Code, 2005'.
(2)
Illumination:
No sign other than electrical means and electrical devices and wiring shall be
installed or illuminated in accordance with the requirements of Part 8
'Building Services, Section 2 Electrical and Allied Installation of National
Building Code, 2005'. In no case, shall any open spark or flame be used for
display purposes unless specifically approved by the Municipal Commissioner.
(3)
Design and
Location of Advertising Signs:
(a)
No sign
shall obstruct any pedestrian movement, fire escape, door or window, opening
used as a means for egress or fire fighting purposes.
(b)
No sign
shall in any form or manner interfere with openings required for light and
ventilation.
(c)
When
possible signs should be gathered together into unified systems. Sign clutter
should be avoided in the landscape.
(d)
Sign should
be combined with lighting fixture to reduce unnecessary posts and for ease of
illuminating the signs.
(e)
Information
signs should be placed at natural gathering spots and included in the design of
sight furniture.
(f)
Placement of
sign should be avoided where they may conflict with pedestrian traffic.
(g)
Sign should
be placed to allow safe pedestrian clearance vertically and latterly.
(h)
Braille strips
may be placed along sign edges or raised letters may be used for readability
for the blind and partially sighted.
(i)
No sign
shall be attached in anyway to a tree or shrub.
(4)
Use of
Combustibles:
(i)
Ornamental
Features: Wood or plastic or other materials of combustible characteristics
similar to wood may be used for mouldings, capping, nailing blocks, letters and
latticing where permitted and for other purely ornamental features signs.
(ii)
Sign facing:
Sign facing may be made of approved Combustible materials provided the area of
each face is not more than 10 metre2 and the wiring for electric lighting is
entirely enclosed in metal conduit and installed with a clearance of not less
than 5 centimetre from the facing material.
(5)
Damage or
Defacement by Removal or Advertising Signs: Whenever any advertising sign is
removed, whether in consequence of a notice or order by Municipal Commissioner
or otherwise, any damage or defacement in the building or site on or from which
such sign was displayed, shall be made good to the satisfaction of the
Municipal Commissioner. If during the removal of advertising sign, the road
surface/footpath/traffic signal or any other public utility services is damaged
then the money recovered from the advertiser should be transferred to the concerned
department by the Corporation.
(6)
Display of
Permit Details: The permit details and date of expiry of permission shall be
displayed on every advertising sign in such manner as it is visible and
readable by the naked eyes.
Rule - 17. Advertisement on shops.
No advertisement on any shop shall without prior permission of Municipal
Commissioner and prior payment of tax be exhibited by hanging card board,
pasting stickers, painting, writing or displaying in any other manner.
Explanation.
(i)
If the name
of the shop or the names of article or goods to be sold have been displayed or
exhibited by hanging a board, painting or in any manner whatsoever, the same
shall not be treated as advertisement and shall not be taxable under these
rules, and
(ii)
if there is
mention of any article describing its qualities etc along with the name of shop
or independently attracting the common public as advertisement, the same shall
be taxable under these rules.
Rule - 18. Advertisements permitted within right of way (excluding National Highway/National Highway Authority).
Depending on its potential, overall aesthetics of the area and public
safety, following advertisements shall be permitted within right of way of the
roads excluding National Highway/National Highway Authorities:
(1)
Advertisement
on street light poles: Design: size of hoarding shall not be more than 0.79
metres x 1.2 metre and Minimum clearance above the ground level to the bottom
of the hoarding shall not be less than 2.5 metres. In no case advertisement
board shall project on carriage way.
(2)
Advertisement
on Bus Shelter: Design: The advertisement shall be permitted on the
advertisement board of bus shelters leaving 1.5 metre length of the board for
display of area and route numbers, the size of advertisement board on bus
shelters shall be not more than size of Bus Shelter and maximum height shall be
0.90 metre. Each bus shelter shall be constructed as per design available by
Municipal Corporation and city bus fare approved by Urban Transport Department,
route number and information regarding scheduled routes of city buses must be
displayed on it. Advertiser to whom permission is granted to display
advertisement on bus shelter has to maintain it from his own expense
compulsorily.
(3)
Advertisement
on Important Junctions for Identification of the Locations: The boards in
standard Form containing strips of 2 metres x 0.35 metres in size may be fixed
by the Municipal Commissioner at the important road junctions to facilitate the
identification of various locations keeping in view the traffic safety
requirements as per Rule 13. The advertiser shall be allowed to paint names,
distances, directions etc. in the recommended colour and size on the strip of
the board as approved by the Municipal Commissioner.
(4)
Traffic
Rotaries and Islands: Municipal Commissioner may permit the agency to develop
and maintain traffic rotaries/islands as approved by the Municipal Commissioner
in consultation with the traffic department (Gazetted Officer in-charge of
traffic). The size of display shall depend on the location and size of traffic
rotary/island and intensity of the traffic. However, width and height of
display shall not be permitted more than width and height of rotary/island.
Maximum height of advertisement sign shall be 0.90 metre. For this, advertiser
shall pay advertisement tax at prescribed rate in rules and minimum premium
prescribed by allotment committee.
(5)
Guard Rails
along Medians/Footpaths: Municipal Commissioner may permit the agency to
provide and maintain guard rails along the Median/Footpath by allowing the
agency to display the name/product on guard rails as approved by the Municipal
Commissioner. It will be obligatory upon the agency to obtain the approval of
Municipal Commissioner for the design of guard rail and to maintain and particularly
paint the guard rail/divider from time to time to the satisfaction of the
Municipal Commissioner. Maximum size of advertisement sign shall be 0.45m x
0.75 metre and minimum height from road shall be 2.5 metre.
(6)
Tree Guards:
Municipal Commissioner may permit the agency to provide and maintain tree
guards of approved design around the plant by allowing the agency to display
the name/product on the tree guards as approved by the Municipal Commissioner
but no tree guard shall be allowed on dividers having width less than 0.60
metre.
(7)
Flower pot
stands: The Municipal Commissioner may permit any agency to provide and
maintain flower pot stands of approved design on the road dividers. The
distance between two flower pot stands should be at least 5 metre. The
advertising sign measuring maximum 0.45 metre x 0.75 metre, may be displayed on
its both sides provided that the vertical clearance of the bottom of the
advertising sign above the road surface shall not be less than 2.5 metre:
Provided that the width of the advertising sign shall be 0.25 metre less
than the width of the divider on both sides and flower pots shall be kept in
its alignment (parallel to the direction of divider).
Rule - 19. Exemptions.
(1)
Nothing in
these rules shall apply to the following advertisements and hoardings:
(i)
If the name
of any office, shop or establishment alone is exhibited on any signboard which
is erected or installed on such office, shop or establishment.
(ii)
If only the
name and address of the owner of any residential building is exhibited on any
signboard attached to such building.
(iii)
If the name
and address of any Government or semi-government office is exhibited on any
signboard, placed within such premises.
(iv)
All traffic
signs, signals, traffic warnings and messages given by Traffic Department, all
notices displayed under the orders or directions of any court, and all sign
boards indicating availability of Petrol and Diesel, provided their
measurements do not exceed 0.6 metre x 0.6 metre.
(v)
If the signs
are exhibited within the window of any building provided it does not affect
light and ventilation of the building.
(vi)
If it
relates to the trade or business carried on within the land or building upon
which such advertisement is exhibited or to any sale, entertainment or meeting
or lettering of such land or building or any effects therein, or to the trade
or business carried on by the owner of any tramcar, omnibus or other vehicle
upon which such advertisement is exhibited, provided it is not more than 1.2
sq. metre.
(vii)
In addition
no permission shall be required for the signs covered in sub-rules (2) to (5)
of Rule 19. Such exemptions, however shall not construe to relieve the owner of
the sign from the responsibility of erection and maintenance in compliance with
these rules.
(2)
Wall Signs:
The wall signs listed below shall not require a permit
(i)
Store signs:
Non-illuminated signs erected over a show window or over the door of a store or
business establishment which announce the name of the proprietor and the nature
of the business conducted therein; the sign shall not be more than 1 metre in
height and the width of the business establishment.
(ii)
Government
Building Signs: Signs erected on a Municipal, State or Central Government
building which announce the name, nature of the occupancy and information.
(iii)
Name Plates:
Any wall sign erected on a building or structure indicating the name if the
occupant of building, which is not more than 0.5 sq. metre in area.
(iv)
Such sign
who indicate any travel route, station or towards public utility places.
(3)
Temporary
Signs:
(i)
Construction
Site Signs: Construction signs, engineers' and architects' signs and other
similar signs which may be authorized by the Municipal Commissioner in
connection with construction operations.
(ii)
Special
Displays Signs: Special decorative displays used for holidays, public
demonstrations or promotion of civic welfare or charitable purposes, on which
there is no commercial advertising, provided that the Municipal Commissioner is
not held responsible for any resulting damage (see Rule 15-I-2 'Requirement for
Temporary Signs').
Rule - 20. Special Advertisements.
(1)
If any
particular or public interest advertisement or hoarding is not covered by
Schedule 2 including prohibited area, the Municipal Commissioner may grant the permission
to erect, exhibit, display, stick, paste, write, draw or hang it on such terms
and conditions, and on payment of tax at double rate prescribe in these rules.
(2)
Every such
permission shall be valid for one month from the date of the permission. After
expiry of such period as mentioned above the permission may be extended for a
further period of one month. If the permission is required for any further
period, then a proposal for sanction should be put-up before the Municipal.
Rule - 21. Area of Special Control.
(1)
Whenever in
the opinion of the Municipal Commissioner it is likely that any advertising
device otherwise permitted in terms of these rules may affect injuriously or
disfigure any particular area within the jurisdiction of the Corporation it may
proclaim such area as an area of special control. Parks and land for public use
may also he included as areas of special control.
(2)
Subject to
the provisions of sub-rule (1) within such area, the erection and display of
any advertising sign shall be prohibited or restricted in any manner deemed
necessary by the Municipal Commissioner. The Municipal Commissioner shall
publish its intention of proclaiming such an area in one or more news papers
circulating in the area of jurisdiction of the Corporation. Any owner of
property within such area who may feel aggrieved by such proclamation may
appeal within one month from such publication against proclamation of such an
area to the Municipal Commissioner whose decision shall be final.
(3)
The wording
on any VERANDAH sign, permitted by the Municipal Commissioner, in any area of
special control, shall be restricted to the name of the proprietor or firm
occupying the premises, the name of the building or institution, the general
business or trade carried on, such as 'JEWELLER', 'CAFE', 'DANCING' or
information regarding the location of the building entrance, box office or
regarding the theatre programme or similar information. No VERANDAH sign in any
area of special control shall advertise any particular article of merchandise
nor shall any such sign refer to price or reduction in price.
(4)
Normally no
other advertising sign shall, except as for sub-rule (3) be within a distance
of 30 metre from the area of special control.
Rule - 22. Declaration of Prohibited Area.
The Corporation or the State Government or the Central Government may
declare any area or areas prohibited for erecting, exhibiting, displaying,
sticking, pasting, writing, drawing or hanging the advertisement or hoardings.
Rule - 23. Ban on banners.
(1)
No person
shall exhibit, display or hang any banner without written permission previously
obtained from the Municipal Commissioner.
(2)
No
permission shall be granted under this rule in the areas determined by the
Corporation or the State Government or the Central Government as prohibited
area.
(3)
Any person
contravening the provisions of these rules shall be liable to pay such penalty
as may be imposed by the Municipal Commissioner which shall not be less than
two hundred rupees per banner.
(4)
The
Municipal Commissioner may remove the banner referred to in this rule and may
forfeit or destroy it.
Rule - 24. Maintenance and inspection.
(1)
Maintenance:
All signs for which a permit is required, together with all their supports,
braces, guys and anchors shall be kept in good repair, both structurally and
aesthetically, and when not galvanized or constructed of approved corrosion
resistive non-combustible materials, shall be painted when necessary to prevent
corrosion.
(2)
Housekeeping:
It shall be the duty and responsibility of the owner of every sign to maintain
the immediate premises occupied by the sign, in a clean, sanitary and healthy
condition.
(3)
Inspection:
Every sign for which a permit has been issued and every existing sign for which
a permit is required shall be inspected at least once in every calendar year.
Rule - 25. Power of entry and inspection.
The Municipal Commissioner or any officer or servant of the Corporation
authorized by him in his behalf may enter into or upon any premises with or
without assistants or workmen, for the purpose of making any inspection,
search, survey, measurement or enquiry or to execute any work which is
authorized by or under these rules or which is necessary for any of purposes or
in pursuance of any of the provisions of these rules:
Provided that
(i)
no such
entry shall be made except between the hours of sunrise and sunset and without
giving reasonable notice to the occupier, or if there be no occupier to the
owner of the land or buildings;
(ii)
sufficient
opportunity shall in every instance be given to enable woman, if any, to
withdraw from such land or building;
(iii)
due regard
shall always be paid, so far as may be compatible with exigencies of the
purpose for which the entry is made to the social and religious usages of the
occupants of the land or building entered.
Rule - 26. Mode of payment of tax.
(1)
The annual
tax specified in Schedule 2 shall be payable in single instalment or in two
equal instalment. No hoarding or advertisement shall be erected/displayed
without depositing payable amount and without obtaining permission. First
instalment shall be payable at the beginning of financial year or at the time
of sanction, whichever is earlier and second instalment shall be payable before
30th September.
(2)
If the
advertisement is displayed for the period of less than six month, the
advertisement tax shall be payable 50% of the rates mentioned in Schedule 2.
(3)
For special
purpose if advertisement is displayed for three month or less period, then tax
shall be payable on the rates mentioned in Schedule 2 in single instalment on
monthly basis.
Rule - 27. Classification of Areas.
The Classification of areas for purposes of tax on advertisements except
prohibited areas shall be the
(i)
Prohibited
area
(ii)
Super
category area
(iii)
"A"
category area
(iv)
"B"
category area
(v)
"C"
category area
(i)
(a)
Prohibited area for any type of advertisement on private land-building and
public places both: Mahatma Gandhi road, from Parivartan Chowk to VVIP Guest
House via Hazaratganj Crossing-Raj Bhawan (Governor House).
(b) Prohibited area for hoarding and unipole on public places:
1.
From
Hazratganj Crossing to Bapu Bhawan Crossing, Ashok Marg Hazratganj Crossing to
Income Tax Office, from Sikandarbagh Crossing to Nishatganj Bridge, in the
vicinity of ancient historical and national monuments, the surrounding areas of
Vidhan Sabha building, the surrounding area of High Court, Lohia Path, the new
turning of Amousi Airport to Awadh Hospital and from VIP Road to Ikshuwakupuri
Colony on Jail Road, University Road, from I.T. Crossing to JJ Bakers and from
I.T. Crossing to main gate of Police Lines. All the main crossing of the city
and up to 20 mts from all the main crossing;
2.
The National
Highway/Indian National Highway Authority routes;
3.
any other
area declared by the Municipal Commissioner as "prohibited for
advertisement" considering the various VVIP movement, from the view point
of traffic and safety and the construction of pillars for the upcoming Metro
route.
(ii)
Superior
Category Area: From Capital Cinema to Income Tax Office from G.P.O. to Mall Avenue
Colony through Vikramaditya Marg, from the boundary wall of Airport on Kanpur
Road to Awadh Crossing. Alambagh VIP Road, Ikswakupuri Colony, Alambagh,
Mawaiyya, Charbagh, Charan Hotel Hussainganj and from Bapu Bhawan Crossing to
Income Tax Office, Ashok Marg to Nishatganj Flyover covering both the sides
leading to Gole Crossing and Mahanagar Kotwali up to Classic Crossing, Carmal
School in Mahanagar, from Badshah Nagar Crossing to Indira Nagar (Faizabad
Road), HAL up to Polytechnic Crossing and Polytechnic Crossing.
From Nehru Vatika up to Kapoorthala crossing via. Nagar Nigam Zone 3
Office, Mandir Marg, Gole Market (Maha Nagar) Ritz, Classic Sweets. The road
under the Nishatganj flyover through Police Lines up to I.T. Crossing.
From Parivartan Chowk via Hanuman Setu and University Road up to I.T.
Crossing, from Parivartan Chowk to Pakka Pul, Trauma Centre, Shahmeena Road,
Kasaiwala pul from Medical College to Chowk Crossing, from Convention Centre to
Teele Wali Masjid via Buddha Park.
Vikramaditya Crossing, Golf Club, Jiyamau, Balu Adda, Samta Mulak
Crossing, Fun Republic on both sides of Lohia Crossing Flyover Bridge up to
Polytechnic. From Gandhi Setu to Ambedkar Udyaan leading to C.M.S. from Manoj
Pandey Crossing to Patrakarpuram Crossing to Husadiya Crossing. From Hazratganj
up to Saharaganj via Shahnazaf Road. Trilok Nath Marg in Lalbagh up to Novelty
Picture Hall (In front of Nagar Nigam Office).
(iii)
'A' Category
Area: From Medical College Crossing to Nakkhas, Haiderganj Flyover to R.D.S.O.
Alambagh Crossing, from Hussainganj Crossing to Basmandi Naka DAV College,
Aishbagh flyover Haiderganj Crossing, Sadar flyover bridge to Burlington
crossing leading to Qaiserbagh crossing, from Bapu Bhawan crossing to
Qaiserbagh crossing, Aminabad, Baradari Qaiserbagh, Latouche Road to Charbagh
from Hussainganj Crossing through Hewett road up to Latouche Road.
From Polytechnic Crossing to Munshipulia Crossing, from Munshipulia to
Khurramnagar Crossing to Tedhi Pulia to Engineering College Crossing to Ram-Ram
Bank Crossing, Sector Q, Mr. Brown Bakery to Purania Crossing and from Purania
Crossing to Kendriya Bhawan and through Eidgah to Dandaiya, Lok Sewa Ayog
Crossing, Nehru Vatika and to Nirala Nagar Flyover, 8 No. Crossing, Nirala
Nagar, Ram Krishna Math leading to J.J. Bakery and from I.T. Crossing to
Daliganj Bridge, from Picup-Gomti Nagar to Lohia Hospital, Indira Pratishthan,
Underneath the Shaheed Path to the various Khands of Gomti Nagar, Phase 2, from
Cantt Telibagh to SGPGI, Kalli Crossing up to Raebareily Road, from the spot
where the flyover ends beyond Polytechnic Crossing to Chinhat Crossing up to
Babu Banarasi Das Engineering College.
The road from State Bank passing through La-Martenier Girls College up
to National College to road behind Hotel Clarks Awadh, from National College to
Sikanderbagh Crossing leading to Dainik Jagran Crossing, from Times of India
Office to Dalibagh Ganna Sansthan Marg, Balu Adda, Jopling, Madan Mohan Malviya
Marg up to Butler Palace Tiraha, from SSP Office to Indira Bhawan Tiraha via
Gomti Hotel.
From C.M.S. to Dayal Paradise Crossing up to Patrakarpuram crossing,
from Mithai Wala Crossing in Gomti Nagar (Underneath the bridge) to Manoj
Pandey Crossing up to Neelkanth Sweets Road.
From Basant Tiraha via Bhopal House to Novelty Cinema, from Mawaiyya
Tiraha to Eveready Tiraha via flyover Ata Mill Road.
From Kamta Tiraha on Shaheed Path-Faizabad Road to Kanpur Road, from
Awadh Hospital Crossing on Kanpur Road to Buddheshwar Crossing leading to
Hardoi Road (Dubagga Bypass), from Dubagga to IIM Tiraha and then on Sitapur
Road (Road under ownership of National Highway/National Highway Authority, any
permission may be granted only after No Objection Certificate received from
concerned department).
(iv)
'B' Category
Area: From Pakka Pul to Mandi Samiti in Sitapur Road up to Madiyaon Thana and
from Madiyaon Thana on Sitapur Road to IIM Crossing. From Chowk Crossing to
Thakurganj, Balaganj to Dubbaga Sabzi Mandi to Alamnagar-Buddeshwar Crossing
from Kursi Road Tedhi Pulia to Vikas Nagar Aliganj, Faizabad Road to Hanneman
Crossing, Manas Complex on Kursi Road to Mama Crossing up to Tedhi Pulia
Crossing, the entire internal area of Indira Nagar excluding Faizabad Road
(main road), from Shaheed Smarak to Qaiserbagh Bus stop, Faizabad Road to Hanneman
Crossing up to Zone 4 Office, Khurram Nagar Crossing to Raheem Nagar Crossing,
Wireless Crossing Classic Crossing, Balu Adda Vaikunthdham, Lakshman Mela Spot
(the Bandha Road) to National College, LDA Colony, the entire Rajajipuram area,
Entire Ashiyana (Kanpur Road), Entire Bangla Bazar, superior and rest of 'A'
class in the area of Gomti Nagar (all Khand), Aliganj and Jankipuram.
(v)
'C' Category
Area: Inner part of Colony and Muhalla except their main roads and area that
are not mentioned above (excluding prohibited category).
Rule - 28. Cost of removal.
The cost of removal or washing off an advertisement or hoarding referred
to in sub-rule (1) of Rule 12, shall be as under
|
(a)
|
Cost of
removal of an advertisement or hoarding measuring 6.1 metre x 3.05 metre or
less.
|
Rs. 5000
|
|
(b)
|
Cost of
removal of an advertisement or hoarding other than those referred to in
clause (a) above.
|
Rs. 8000
|
|
(c)
|
Cost of
washing of an advertisement or hoarding.
|
Rs. 2000
|
|
(d)
|
Cost of
removal of an advertisement on Private building (Roof Top)
|
Rs. 10,000
|
Rule - 29. Penalty and composition of offences.
(1)
Any
contravention of the provisions of these rules shall be punishable with fine
which may extend to Rs. 5000 (five thousand rupees) and in case of a continuing
breach with fine which may extend to Rs. 500 (five hundred rupees) for every
day during which such contravention continues after conviction for the first
breach.
(2)
Notwithstanding
anything contained in sub-rule (1) any offence punishable under these rules may
be compounded by Municipal Commissioner or an officer authorised by him in this
behalf on realization of the amount not less than half and not more than
three-fourth amount of the fine fixed for the offence.
Amendments in rules as per requirement.
Notwithstanding anything contains in rules, in future, if any amendment
is required in rules or its any part or required amendment in the rates of
advertisement tax, the executive committee/Nagar Nigam Sadan shall be entitled
for amendment in rules.
SCHEDULE 1
[See Rule 6(1)]
|
Application
for permission to instal Advertising Sign
|
Form
No.....................
Price Rs.
500
|
1.
Name of
applicant/advertiser......................................................
2.
Name of
agency, firm, company or institution..............................................
3.
Address.............................................................................................
4.
Type of
advertisement or hoarding applied
for......................................................
5.
Size of
advertisement or hoarding (length X width in
metres)................................................
6.
Location of
site with site
plan.............................................................
7.
Name of the
owner or occupier of the land, building or
place................................................
8.
Whether it
is a public place or a private land or
building.......................................................
9.
(i) If it is
a private land or building attach written permission from the owner along with
owner's certificate.
(ii) Attach undertaking in writing by the owner that in case of any
default he will be liable to pay the tax due from the advertiser.
(iii) Efficacy Report by a structural engineer approved by the Municipal
Commissioner.
10.
(i) The
annual tax in accordance with Schedule
2.....................................................
(ii) Amount of the
instalment............................................................................
11.
Amount of
Premium/Renewal fee..........................................................................
12.
Any other
details......................................................................................................
..............................................................................................................................................................................
Encl:-
Date:
Signature of Applicant
Telephone No.....................
Mobile No.........................
SCHEDULE 2
(See Rule 26)
Rates of Tax on Advertisements and Hoardings
1.
For erection
or display of advertisements and hoardings on land, walls and building public
places and roads owned or controlled by the corporation
|
Super
Category Area: Rs. 2000
|
(Two
thousand) per square metre per year
|
|
'A' Category
Area: Rs. 1200
|
(One
thousand two hundred) per square metre per year
|
|
'B'
Category Area: Rs. 1000
|
(One
thousand) per square metre per year
|
|
'C'
Category Area: Rs. 800
|
(Eight
hundred) per square metre per year
|
2.
(i) If such
hoarding or advertisement is reflected by electrical or electronically
controlled light devices (including L.E.D.), then the rate shall be hundred per
cent extra over and above the rate specified in Article 1 above.
(ii) If such hoarding or advertisement is displayed on private land/building,
the rate shall be 75 per cent specified in above (1) and (2).
3.
(1)
Advertisement on power driven four wheeler vehicle (Excluding road show)
|
Light
vehicle
|
Rs. 5000
(Five thousand) per year per vehicle
|
|
Heavy
vehicle
|
Rs. 20,000
(Twenty thousand) per year per vehicle
|
(2) Road Show at the following rates
(I)
Three
Wheeler: Rs. 100 (One hundred) per day
(II)
Four
Wheeler: Rs. 500 (Five hundred) per day
(III)
Six Wheeler:
Rs. 1000 (One thousand) per day
4.
Hoarding
boards on Electric or other poles:
|
Super Category
Area: Rs. 3000
|
(Three
thousand) per square metre per year
|
|
'A'
Category Area: Rs. 2000
|
(Two
thousand) per square metre per year
|
|
'B'
Category Area: Rs. 1500
|
(One
thousand five hundred) per square metre per year
|
|
'C'
Category Area: Rs. 1000
|
(One thousand)
per square metre per year
|
|
5.
|
Posters
|
Rs. 300
|
(Three
hundred) per hundred pieces
|
|
6.
|
Hand Bills
|
Rs. 600
|
(Six
hundred) per thousand pieces
|
|
7.
|
Banners
|
Rs. 200
|
(Two
hundred) per banner
|
|
8.
|
Balloons
|
Rs. 500
|
(Five
hundred) per day
|
|
9.
|
Canopy
|
Rs. 500
|
(Five
hundred) per day
|
10. Unipole
|
Super
Category Area: Rs. 3000
|
(Three
thousand) per square metre per year
|
|
'A'
Category Area: Rs. 2000
|
(Two
thousand) per square metre per year
|
|
'B'
Category Area: Rs. 1500
|
(One
thousand five hundred) per square metre per year
|
|
'C'
Category Area: Rs. 1000
|
(One
thousand) per square metre per year
|
11. Tree guard and flower pot: As in Article 1 above
12. Advertisements on places of Public utilities: As in Article 1 above.
13. Police booth/Traffic Island/Cantilever pole (Traffic signal)
Super Category Area: Rs. 5000 (Five thousand)
'A' Category Area: Rs. 4000 (Four thousand)
'B' Category Area: Rs. 3000 (Three thousand)
'C' Category Area: Rs. 2000 (Two thousand)
14. Bus shelter
Super Category Area: Rs. 5000 (Five thousand)
'A' Category Area: Rs. 4000 (Four thousand)
'B' Category Area: Rs. 2000 (Two thousand)
'C' Category Area: Rs. 1000 (One thousand)
15. Gantry
Super Category Area: Rs. 3500 (Three thousand five hundred)
'A' Category Area: Rs. 2200 (Two thousand two hundred)
'B' Category Area: Rs. 1700 (One thousand seven hundred)
'C' Category Area: Rs. 1100 (One thousand one hundred)
16. Auto Rickshaw-three wheeler: 1000 (One thousand) per year per auto
17. On buses: Rs. 2000 (Two thousand) per sq. metre per year
18. Wall writing on walls: As in Article 1
19. Hoarding erected on Railway land, advertisement tax shall be payable
accordingly to Article 1 of the rate of the advertisement tax mentioned in
Schedule 2, if it is facing the road.
20. On festivals, fete/fair, Exhibition, circus and such type of
exhibition attracting people, advertise of minimum 3 month shall be charged
according to Article 1 of the advertisement tax rate.
21. Loud speaker: Rs. 100 (Hundred) per box/speaker per day.
22. Advertisement tax of items which is not mentioned above, payable at
the rate of Article 1.
23. Before erecting structure on private land/building a certificate of
strength and quality of building from structural engineer has to be produced be
concerned.
24. The rate of tax specified in this Schedule shall be deemed to be
enhanced by ten per cent after the expiry of two financial years following the
financial years in which these rules come into force. Thereafter similar
enhancements shall be effective after the expiry of every two financial years.
25. The tax shall be payable in advance.
Explanations
(1)
If any
advertiser wants to display any advertisement for a period not exceeding three
months, the Municipal Commissioner may direct that the tax be calculated on
monthly basis but should be realized in one instalment.
(2)
All arrears
of tax shall be recoverable in accordance with Chapter XXI of the Act.