MADHYA PRADESH OUTDOOR ADVERTISEMENT MEDIA RULES, 2017

 

PREAMBLE

In exercise of the powers conferred by sub-section (1) of Section 68 read with Section 433 of the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956) and sub-section (OO) of Section 124 read with Section 355 of the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961), the State Government hereby makes the following rules, namely:-

CHAPTER-I PRELIMINARY

Rule - 1. Short title, Extent and Commencement.

(1)     These rules may be called the Madhya Pradesh Outdoor Advertisement Media Rules, 2017.

(2)     They shall come into force from the date of their publication in the Madhya Pradesh Gazette.

(3)     These rules shall apply within the limits of all Municipal Corporations, Municipalities and Municipal Councils.

CHAPTER-II INTERPRETATION AND APPLICATION

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,-

(a)      "Act" means the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956) and the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961);

(b)      "Advertisement" means any representation by a word or abbreviation thereof, letter, logo, symbol, sign, figure, painting, drawing or other pictorial representation, light, sound, visible, audible to public from any place on land, building, airspace and water and/or visible from Public Place or Public Street including display on outdoor media devices (OMD) in the Control Area;

(c)      "Advertising" means the act or process of displaying an Advertisement;

(d)      "Agency" means an applicant who may be an individual registered charitable organization, firm, partnership etc. or a company incorporated under the Companies Act, 1956/2013;

(e)      "Approved" means approved in writing by the Competent Authority having jurisdiction under these Rules;

(f)       "Appeal Committee" means a Committee appointed under Section 403 of Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956) or Section 307 of the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961);

(g)      "Billboard/Hoarding" means an Outdoor Media Device with space for advertising in the form of an advertisement panel and where such panel is mounted on any structure with its foundation either on ground or building.

(h)     "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 ear-marked or reserved for future construction of street and such line has been so prescribed in the approved plan or co-ordination plan or the scheme by the Government Authority having jurisdiction;

(i)       "Carriage way" means the width of the road where vehicles are free to move without any obstruction. Carriage way can be further classified as single or dual carriageway.

(j)       "Competent Authority" means any officer authorised by the Municipal Authority to implement and enforce the provisions set out in these Rules;

(k)      "Municipal Area" means the geographic area including airspace in the jurisdiction of the Municipal Area as defined under sub-section (2) of section 7 of the Madhya Pradesh Municipal Corporation Act, 1956 and section 5 of the Madhya Pradesh Municipalities Act, 1961;

(l)       "Display" means the display of an Advertisement;

(m)    "Election" means a national, state, local self government election and by-election held under the superintendence and control of Election Commission of India/State Election Commission;

(n)     "Gantry" means a structure erected across a road and usually fabricated by metal etc. section pillars fixed on either side of a road with a beam shaped section connecting the top of the pillars across the road with the advertisement on the face opposite to the direction of traffic;

(o)      "Indian Road Congress (IRC)"means the applicable Indian Road Congress codes and any regulations made thereunder;

(p)      "Interested Party" means any person/agency who has in terms of these Media Rules submitted an application or submitted comments or an objection or made representations in respect of any such application;

(q)      "Intersection/Junction" means an area embraced within the prolongation of the lateral boundary lines of two or more public streets, open to traffic, that join one another at any angle, whether or not one such public road crosses the other,

(r)      "LED/Electronic Hoarding" means an outdoor media device, with display made from LED or LCD or any other electronic source, to display running text, displays and informational messages from computer programs and software or any other means,

(s)      "Mobile Display Advertisement" means a double or single sided Outdoor Media Device or panel mounted on or behind a vehicle in a manner that it can be driven around or parked at strategic locations for a better display of the advertisement,

(t)       "Municipal Authority" means the concerned Commissioner/Chief Municipal Officer or any other entity notified by the State Government for implementation of these Rules,

(u)     "National Building Code (NBC)" means the latest National Building Code of India and any regulations made thereunder,

(v)      "Outdoor Advertising" is advertising that reaches the consumers while they are outside their homes,

(w)     "Outdoor Media Device or OMD" means device as set out in Rule 5,

(x)      "Owner" means legal owner of the Private Property,

(y)      " "Property" means any unit of private 01 public land, water, air space including a Public Place which is registered/documented as separate entity/ID and also includes such spaces which are categorized as land, water and airspace or any Public Place,

(z)      "Public Place" means a space, which is open and/or assigned to the use or enjoyment of the public, whether such space is vested in the Municipal Authority or not,

(za) "Public Street" means a road, street or thorough 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,

(zb) "Right of Way or RoW" means the full width of a Public Street as prescribed by IRC or between Building Lines across such Public Street including the median, carriageway, service road, shoulder and footpath/sidewalk and the air space above it,

(zc) "Road Traffic Sign" means any road traffic sign and traffic signal as contemplated in the IRC or any applicable Act/Rules,

(zd) "Self Advertising" means a name board whether illuminated or non-illuminated displaying only the name, address and details of any own commercial business 01 social activity that is being carried out in the same premises or on the shop as the case may be

(ze) "Street Furnishing 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, dunking fountain, bollards, traffic barriers, 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 or painted or written or displayed in any other manner

(zf)   "Structural Engineer" means a person with post graduate degree in Structural Engineering from duly recognised Institute/University and Registered/empanelled with Municipal Authority,

(zg) "Structural Stability Certificate" means a certificate about structural safety and stability issued by a Structural Engineer,

(zh) "Schedule" means Schedule appended to these Rules,

(zi)   "Temporary Advertisement" means an advertisement/Outdoor Media Device displayed for a maximum period of 30 days for any forthcoming event including entertainment events, festivals, mela, trade fair, conferences, road shows, etc

(zj)   "Urban Design" means the actions of conceiving and managing the special and aesthetic characteristics of urban space between and around buildings, public places including physical elements that make up the streetscape and the combined visual effect of building facades and other structures

(zk) "Vehicle" includes a bicycle, tricycle, motor car and every wheeled movable conveyance which is used or capable of being used in a public street,

(zl)   "Wall Painting Advertisement" means an advertisement displayed by painting/writing it directly on the wall or structure of a building or any civil structure

(zm) "Wall Wraps" means advertisement painted/pasted/affixed on surface of the walls of a building, which has been used as architectural feature to cover/form facade/, used as wall of a building

Rule - 3. Period of Compliance.

All Existing Outdoor Media Devices shall comply with these Rules within a period of ninety (90) days from the date of notification of these Rules

Provided that where Outdoor Media Devices have been installed for a contract period after bidding by the municipal authority, these Rules shall be applicable after the contract period This provision shall not be applicable if any extension is given in aforementioned contract period

CHAPTER III APPLICATION AND APPROVAL PROCESS

Rule - 4. Application for Registration.

(1)     In case of Private Properties, only Property Owners shall seek permission for installing an Outdoor Media Device from the Competent Authority by registering themselves with the Competent Authority using online process as laid out in Form-I (the "Registering Entity")

(2)     This registration is compulsory for Self Advertisers as well as Property Owners who want to install Outdoor Media Devices on their premises

(3)     Registration shall be valid for a period of ten years from the date of registration for Self Advertisers and three years for other Property Owners who wish to install Outdoor Media Devices

(4)     The registering entity shall deposit Registration Fee as set out in clause I of Schedule excluding the Self Advertisers.

(5)     The Competent Authority shall upon receiving application for registration, reject or accept the same in the format as given in Form-IV.

Rule - 5. Types of outdoor media devices.

(1)     Outdoor Media Devices shall be classified into following:

Typology Description

(A)     OUTDOOR MEDIA DEVICES ON PUBLIC TRANSPORT SERVICES/STREET FURNITURE

A1 Bus and Intermediate Public Transport (IPT) Shelters

A2 Bus and Intermediate Public Transport (IPT) Route Markers

A3 FOB, Gantry, Toilet Blocks And Urinals etc.

A4 Cycle Stands

A5 Police Booth, Parking Booth, Telephone Booth, Pre-Paid Taxi Booth, Bus/Rail Booking Information Booth, Drinking Water Facility, Vending Kiosks, Outside Colonies To Facilitate Directory/Payment of Bills, Bollards, etc.

A6 Sitting Bench, Garbage Bins, etc.

A7 Information Panels, Pole Mounted MUPI (Street Furnishing for Information)

A8 Pier or Pylon Mounted Device

(B)     ADVERTISING-OUTDOOR MEDIA DEVICE ON PUBLIC TRANSPORT SERVICES

B1 Metro/MRTS Infrastructure

B2 Public Transport Vehicle

(C)     OUTDOOR MEDIA DEVICES ON COMMERCIAL ADVERTISING STRUCTURES ON PUBLIC LAND

C1 Unipole/Hoarding/Billboard

C2 Wall Wrap

C3 Wall Painting/Writing

(D)     OUTDOOR MEDIA DEVICES ON COMMERCIAL ADVERTISING STRUCTURES ON PRIVATE LAND

D1 Unipole/Hoarding/Billboard

D2 Wall Wrap

D3 Wall Painting/Writing

(E)     TEMPORARY EVENTS

(F)      LANDSCAPE OUTDOOR MEDIA DEVICES

(G)     SHOP SIGNAGE

(H)     INNOVATIVE ADVERTISING

(I)      CINEMA ADVERTISING-IN-CINEMA ON SCREEN ADVERTISING INCLUDING SLIDES AND ADVERTISEMENT FILMS (MOVING ADVERTISEMENTS)

(J)      INSIDE ADVERTISEMENT COMMERCIAL BUILDINGS AND PUBLIC BUILDINGS

(2)     The supporting structure shall have a non-reflective finish to prevent glare. The Outdoor Media Devices structure shall be well maintained at all times. It shall be painted in colours that are consistent with, and enhance the aesthetics of surrounding.

(3)     The OMDs which is not defined in Formats of Outdoor Media Devices [Rule 13(1)] and not among the prohibited ones will be considered as "Innovative Advertising".

Rule - 6. Approval of outdoor media devices (on private land).

(1)     Application for any Private Property shall be made by submitting information as per Form-II by any Property Owner/Applicant (as applicable)

(2)     The application form shall be accompanied with the following-

(a)      Applicable Processing fees shall be as per Schedule, '

(b)      No dues certificate from the Municipal Authority in relation to property for which application has been made,

(c)      A drawing showing the locality plan, marginal open spaces (MOS), details of road inventory, in colour, indicating the proposed position (including GPS coordinates) of the Outdoor Media Device and the distances in relation to any other structures, buildings, Outdoor Media Devices situated within a radius of 25m from the proposed Outdoor Media Device

(d)      Where applicable, indicate in terms of these Rules/the Advertisement Zoning Map/Master Plan the category of the proposed location of the Property upon which the Outdoor Media Device is to be installed,

(e)      Complete specifications and drawing showing the dimensions of the Outdoor Media Devices and location,

(f)       The design and the structure shall be certified by a Structural Engineer with respect to the safety and stability aspect from the point of view of its foundations which can bear extreme wind conditions, earthquakes, soil bearing capacity and shall comply with prevalent Building Bye laws and National Building Code of India (NBC), Standards and Guidelines framed from time to time under these The details shall include size of all components of supporting frameworks, anchorages and design calculations including proof of compliance with any other law, including but not limited to, the applicable acts and codes/guidelines

(g)      If a proposed Outdoor Media Device is to be attached to, or Displayed on, the Facade of a building, the approved building plans along with measurement and the details, measurements and position of the proposed Outdoor Media Device and the details and the position of every existing Outdoor Media Device on the building drawn to a scale acceptable to the Competent Authority, and

(h)     Any other updated information in the application form (Form-III) which the Competent Authority may require from time to time after approval of Municipal Authority

(i)       Self certification regarding that the property is not in any prohibited zones for the purpose of advertisement

(3)     The Competent Authority may refuse to accept an application if-

(a)      Any requirement of sub-rule (2) of Rule 6 has not been complied with, or

(b)      The application relates to an Outdoor Media Device which is prohibited in terms of Rule 14

(c)      For any other reason(s), for which Competent Authority considers that it is not in public interest

(4)     If any information requested by the Competent Authority in terms of sub-rule (2) of Rule 6 above is not provided within Thirty (30) days from the date of the first written request, the application concerned shall be rejected without further notice to the applicant

Rule - 7. Evaluation and approval.

(1)     While evaluating an application in terms of Rule 4, the Competent Authority shall ensure that the application is in compliance with these Rules The Competent Authority may accept or reject any application after giving due opportunity of hearing

(2)     An approval shall be for a period as set out below:

* For self advertisement 10 years and for other signages 3 years.

(3)     The Competent Authority shall within fifteen days in writing and electronically send Letter of Intent (LOI) to the applicant as per format attached as Form-V

(4)     The Owner/Agency shall be required to make necessary payment as specified in the Letter of Intent within fifteen days from date of issue of Letter of Intent.

(5)     Upon receipt of necessary payment from the Owner/Agency, the Competent Authority shall issue formal approval letter stating the terms and conditions of the approval.

(6)     No approval granted in terms of these Rules shall exempt-

(a)      any person from any provisions of any other law applicable to Advertising; or

(b)      any Owner/Agency of an Outdoor Media Device from the duty to ensure that such Outdoor Media Device is designed, erected, completed, displayed and maintained in accordance with the provisions of these Rules and any other applicable law including safety and security of public at large.

Rule - 8. Withdrawal and amendment of approvals.

(1)     The Competent Authority may, withdraw an approval granted in terms of Rule 7 or amend any condition or impose a further condition in respect of such approval, if in the opinion of the Competent Authority, the Outdoor Media Device concerned-

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

(b)      constitutes, or has become, a danger to any person or Property or traffic safety;

(c)      is obscuring any other Outdoor Media Device, natural feature, architectural feature or visual line of civic, architectural, historical or heritage significance;

(d)      of which a part or whole falls either due to an accident or any other cause;

(e)      any addition or alternation is made to the building or structure and such addition or alteration involves disturbance of the Outdoor Media Device or any part thereof; and

(f)       which is installed on building or structure or property upon or over which the Outdoor Media Device installed is, demolished or destroyed.

(g)      If in case of property tax and other Municipal dues related to the property are not paid in due time.

(2)     The Competent Authority shall in writing notify the Owner/Agency of the Outdoor Media Device concerned of its decision and that he or she may within fifteen (15) days from the date of the serving of notice as per the rules make written representations concerning the proposed decision.

(3)     In case of partial or complete withdrawal of permission by Competent Authority, Property Owner shall have to remove or amend as the case may be, within 7 days the Outdoor Media Device at his own risk and cost and refund of the balance amount of license fee shall be given to the Property Owner within 30 days of such complete withdrawal.

CHAPTER-IV IMPLEMENTATION MECHANISM FOR MUNICIPAL AUTHORITY

Rule - 9. Outdoor media devices on municipal authority property.

(1)     Municipal Authority shall constitute a dedicated cell for outdoor media management and appoint a Competent Authority. Competent Authority from time to time shall identify locations and Property(ies) within notified urban planning area, where it will allow new Outdoor Media Devices to be erected and prepare an implementation and monitoring plan.

(2)     As and when required such identified locations would be bid out through an open, transparent, competitive e-tendering process for selection of suitable agency (ies).

(3)     Competent Authority appointed by Municipal Authority shall prepare outdoor advertisement zoning/master plan and shall categories the outdoor media in clusters/zones and shall identify projects (sites) and implement as follows;

(a)      Under Public Private Partnership (PPP) structure, and if not viable under PPP then

(b)      Under Advertisement Rights/License model.

(c)      Any other Revenue Model.

(4)     In terms of the identified implementation structure above, each category of projects would be bid out through an open, transparent e-tendering process by the Competent Authority.

Rule - 10. Outdoor media devices on the premises of other public authorities.

(1)     Advertisement or Outdoor Media Devices visible/audible from or fronting any public place which is not in the premises of Central/State Government or it's undertaking, etc., whether installed/displayed by themselves or by private agencies appointed by them will be governed as per provisions of these Rules.

(2)     For permission of Outdoor Media Devices on Central/State Government or it's undertaking, etc., premises visible/audible from or fronting any public place which is not in the premises of Central/State Government or it's undertaking, the agency must register to the concerned Competent Authority in the prescribed manner set out in these Rules after obtaining NOC from the respective Authority.

(3)     The concerned Central/State Government or it's undertaking are required to provide the names of agencies as covered in sub-rule (1) and (2) of Rule 10, location, size, period of allotment and all other details of the Outdoor Media Devices on their premises.

(4)     The demand notices for licence fee as per the relevant Typology will be sent to the concerned agency as per Schedule of these Rules and the agency shall deposit the said amount within 15 days to Competent Authority.

(5)     Responsibility of removal of OMDs as per specific direction of any Hon'ble Court or when approval on OMDs is revoked by Competent Authority shall, however, lie upon the Central/State Government or it's undertaking.

(6)     For the agencies covered under this Rule 10, all the provisions of these Rules shall be applicable.

Rule - 11. Advertisement license fees.

As per the provision of Section 132 and 133 of Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956) and Section 129 of Madhya Pradesh Municipality Act, 1961 (No. 37 of 1961) Municipal Authority have been empowered to impose Taxes and Fees.

(1)     The Advertisement License Fees including revenue share shall be payable by the Owner/Agency who has been permitted/awarded the contract in terms of the Schedule of these Rules in advance on a quarterly basis or as per provision of the contract decided by the Competent Authority.

(2)     No new Advertisement shall be allowed to Display unless the Advertisement License Fees in advance as per condition of approval is deposited with the Competent Authority.

(3)     In addition to the license fee, the registered entity shall deposit bank guarantee as a performance guarantee of an amount equivalent to the quarterly license fee payable to the Competent Authority or as per provision of the contract decided by the Competent Authority in advance valid for entire licence period.

(4)     Any person dissatisfied with the order passed by the Competent Authority under these Rules may appeal to the "Appeal Committee" appointed by the Municipal Authority and decision of the committee shall be final provided that no appeal shall be valid unless the amount of the tax and/or fee payable has been deposited.

Rule - 12. Assignment of license fees.

The advertisement license fee collected by the Municipal Authority under these Rules shall be assigned for operational Urban Public Transport System. This assignment shall not be less than 25% of the total revenue received under these Rules. In Municipal Areas where Urban Public Transport System is still to be implemented then these provisions shall be applicable from the date of Urban Public Transport System coming into operation.

CHAPTER-V GENERAL REQUIREMENTS, EXEMPTIONS AND PROHIBITIONS

Rule - 13. General requirements for outdoor media devices.

(1)     The Owner of an Outdoor Media Device shall ensure adherence to these Rules.

(2)     The Owner of an Outdoor Media Device must ensure that such device is designed or located so as not to-

(a)      be detrimental to the nature of the environment, streetscape, Urban Design or detract from the architecture of any building on which or where such device is to be located, by reason of abnormal size, appearance, workmanship, design or its existence etc;

(b)      wholly or partially obscure any Outdoor Media Device previously installed;

(c)      constitute a danger to any person or property or traffic safety;

(d)      project outside the boundaries of the property on which it is to be erected or displayed;

(e)      result in the removal of, or damage to, any tree in a public place without prior approval of the Competent Authority;

(f)       be unsightly and not to comply with minimum distances as prescribed in these Rules;

(g)      obstruct a fire escape or the means of access to or egress from a fire escape; or comply with the minimum clearance with regard to overhead power lines stipulated in prevalent Law/Rules.

(3)     Any Outdoor Media Device on a Public Street or facing a Public Street, including Outdoor Media Devices facing a State or National Highway, shall comply with the following requirements:

(a)      a minimum distance of as set out in the Chapter-VIII shall be maintained between Outdoor Media Devices or Advertisements on the same side of a Public Street including any carriageway, whether, State or National Highway; and

(b)      No Outdoor Media Device may be located inside a prohibited areas and in relation to overhead Road Traffic Signs.

(4)     Any Outdoor Media Device must be positioned as per the provision of IRC in case of an Intersection and in any case traffic flow may not be impeded during the erection and maintenance of an Outdoor Media Device located in a Public Street, provided precaution has been arranged and prior approval has been obtained from the Competent Authority.

(5)     Upon approval of an Outdoor Media Device, it shall not be altered, amended, removed, re-erected or upgraded without prior written approval of the Competent Authority, except for maintenance work, which may be required for the upkeep of an Outdoor Media Device.

(6)     Only sites approved by the Competent Authority in terms of these Rules for the purpose of advertisement shall be used for display of advertisements.

Rule - 14. Exempted outdoor media devices and advertisements.

The following Outdoor Media Devices and Advertisements are exempted from compliance with the provisions of Rule 4, but must comply with any other applicable provision of these Rules and other applicable Laws:

(a)      is exhibited within the window of any building if the advertisement relates to the profession or business carried on in that building;

(b)      relates 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

(c)      relates to the business of a central/state government organisations and is exhibited within or upon any wall or other property of the concerned organisations within premises; or

(d)      is a name plate announcing the name of owner/or name of occupier of building and/or name of a building upon which such advertisement is so fixed, exhibited painted, pasted, retained or displayed; or

(e)      in the case of buildings/property, where professional services like chartered accountant, advocate, architect, etc., is running, as permitted by law and is within permissible limits in these Rules.

Rule - 15. Prohibitions.

No approval shall be given for

(a)      Outdoor Media Devices displaying Negative Advertisements as described in Chapter IX; and

(b)      Proposed to be located in Prohibited Areas, as described in Chapter IX or notified by different Competent Authorities.

CHAPTER-VI MONITORING MECHANISM

Rule - 16. It based solution for application, renewal and monitoring.

(1)     Competent Authority shall adopt a transparent system for grant of permission for display of outdoor advertisements and monitoring of the same. The Competent Authority shall adopt preferably the Information Technology based Implementation and Monitoring System, prepared as per the guidelines of the State Government for such approvals and monitoring. The Competent Authority shall prepare a GPS based Outdoor Media Master Plan for the area under the jurisdiction of the Competent Authority, all the existing and proposed OMDs with their GPS coordinates shall be marked on the GPS map of the respective Competent Authority and the same shall be available on the Website of the respective Competent Authority.

(2)     The system as mentioned in sub-rule (1) above shall have following salient features:

(a)      Outdoor Media Rules and all notifications related to Outdoor Media shall be made available to general public by means of display of information on the Website of the respective Competent Authorities.

(b)      Online registration of entities may be enabled. The Registering Entities shall be assigned a unique ID, which shall be password protected for all future correspondence with the Competent Authority in matters related to Outdoor Media.

(c)      All applications for the installation of Outdoor Media shall as far as possible be submitted online;

(d)      Each Outdoor Media site shall have unique code assigned to it which shall convey its 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 the Competent Authority is required to be coded.

(e)      Approvals of all OMD may also be given electronically by the Competent Authority.

Rule - 17. Inspection.

(1)     Competent Authority shall have the power to inspect any Outdoor Media Device for the purpose of implementation and enforcement of these Rules. Competent Authority may also authorise any official of Municipal Authority to carry out such inspection.

(2)     The Competent Authority or any official authorised by the Competent Authority, before the commencement of, or during an inspection in terms of sub-rule (1) of Rule 16, at the request of the Owner of an Outdoor Media Device or the Owner of a Property on which the Outdoor Media Device concerned has been installed or is displayed, produce written confirmation of his or her appointment as an authorised official empowered to carry out inspections for the purposes of these Rules.

Rule - 18. Maintenance of outdoor media devices and removal of unauthorised advertisements.

(1)     Subject to provisions in these Rules:

(a)      The Owner/Agency is responsible for maintaining the OMD and the surrounding area so that it does not become unsightly or deteriorate to such a degree that it is in conflict with any provision of these Rules. Owner/Agency shall also be responsible for structural safety of the OMD and in case of any accident the owner shall be held liable for any mishap.

(b)      An Owner/Agency contemplated in paragraph (a), must carry out at least once in three (3) months inspection of an Outdoor Media Device with a view to satisfying himself or herself that it has been properly maintained and forthwith carry out any necessary maintenance resultant upon such inspection. At the end of the year, the owner shall submit such inspection reports to the Competent Authority.

(c)      The Owner/Agency shall ensure that a metallic plate (minimum size of 1 feet by 1 feet) or IT enabled device with the embossed logo of the Competent Authority providing details of the Outdoor Media Device, are displayed and maintained in good condition at all times. Failure to do so shall result in imposition of penalty amounting to 10% of the annual license fee.

(2)     If in the opinion of the Competent Authority, any Outdoor Media Device 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 Rules, Competent Authority shall serve a notice on the Owner/Agency to remove/maintain the Outdoor Media Device, within a period so specified and Owner/Agency shall be required to comply thereof within stipulated time,

(3)     If the OMD or advertisement is unauthorised or the Competent Authority is of the opinion that an Outdoor Media Device constitutes an imminent danger to any person or Property, the Competent Authority shall without serving a notice in terms of sub-rule (2) of Rule 17, or if such a notice has been served but not complied within the period specified therein, remove/maintain the Outdoor Media Device.

(4)     The cost incurred for the removal and storage of an Outdoor Media Device, and any other costs incurred by the Competent Authority as contemplated in sub-rule (3) of Rule 17, shall be recovered from the Owner/Agency. The Competent Authority shall remove the OMD at the risk and cost of the Owner/Agency.

(5)     If an Outdoor Media Device has been removed in terms of sub-rule (4) of Rule 17, Competent Authority shall promptly in writing give a notice of such removal to the Owner/Agency.

(6)     Any Outdoor Media Device, which has been removed and/or stored in terms of these Rules, shall be released to its Owner/Agency subject to payment of prescribed fee/charges as determined by the Competent Authority within a period of maximum three months. After a period of three months the Competent Authority shall be free to auction or dispose the said OMD by transparent process and proceeds received shall be treated as Municipal Authority fund.

(7)     The Competent Authority shall remove an unauthorised outdoor advertisement promptly and the Competent Authority shall immediately dispose of such advertisement/structures on, as is where is basis. The Competent Authority shall prepare and implement adequate process for such removal and disposal, from time to time.

Rule - 19. Documentation.

(1)     The Owner/Agency of a Property upon which an Outdoor Media Device is erected, attached or Displayed, must retain certified copies of all documentation relating to the application for approval of such device and the approval of the Competent Authority in terms of these Rules, as long as that device is erected or displayed, and must present such documentation to Competent Authority or any other duly authorised official by the Competent Authority at any point of time.

CHAPTER-VII MISCELLANEOUS

Rule - 20. Serving of notices.

Any notice that is required to or may be served, delivered or given in terms of or for the purposes of these Rules, must be served in any one of the following ways:

(a)      by sending a copy of the notice by registered or under postal certificate to the last-known address of the Owner/Agency 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;

(b)      by faxing a copy of the notice to the person, if the person has in writing furnished a fax number to the Government Authority or an authorised official;

(c)      by sending the notice through e-mail on the registered e-mail id.

(d)      by handing over a copy of the notice to any of the authorised representative/owner;

Rule - 21. Appeals.

Any Owner/Agency whose rights are affected by a decision of Competent Authority in terms of or for the purposes of these Rules, may appeal against that decision to the "Appeal Committee" appointed by the Competent Authority in terms of the Section 403 of the Madhya Pradesh Municipal Corporation Act, 1956 or Section 307 of the Madhya Pradesh Municipalities Act, 1961, by lodging an appeal, specifying the grounds of appeal within thirty days of the date on which he or she was communicated of that decision.

CHAPTER-VIII GENERAL PERMISSION CRITERIA-OUTDOOR MEDIA DEVICE

Rule - 22. Offences and penalties.

(1)     The Competent Authority shall impose penalty for below mentioned violations under these Rules,

(2)     The penalty imposed under sub-rule (1) of Rule 21 shall be deposited by the defaulter within seven days of receipt of the notice as issued by the Competent Authority, failure to do so shall attract an interest of @ 12% per annum calculated on the number of days beyond the seventh day till the receipt of payment by the Competent Authority.

(3)     In case more than Three separate independent instances of violation of OMD in terms of sub-rule (1) of Rule 21 occur with the same Owner/Agency, this shall lead to blacklisting of the Owner/Agency including its Directors/Members for a period of three years. Due to aforesaid blacklisting of the Owner/Agency and Directors/Members, other OMD/s with the same Owner/Agency shall automatically become unauthorised. Application as a new case can be made after the period of blacklisting as per these Rules.

Rule - 23. Insurance.

The Owner of the Outdoor Media Devices shall be liable to insure against public liability under such Outdoor Media Device.

Rule - 24. Indemnity.

(1)     Outdoor Media Device Owner shall be required to indemnify the Competent Authority for the designated Outdoor Media Devices and activities against all actions, proceedings, claims, demands, costs, losses, damages and expenses etc. which may be brought against, or made upon the Competent Authority which arise as a result of the installation or existence of an Outdoor Media Devices.

(2)     The Outdoor Media Device Owner/Agency shall always be responsible for any injury or damage caused or suffered by any person or property arising out of or related to the display of advertisement and the consequential claim shall be borne by the Advertiser who will also indemnify and safeguard the Competent Authority in respect of any such claim or claims.

Rule - 25. Powers of State Government.

The State Government can issue details/clarifications/amendments/notifications/guidelines with respect to these Rules from time to time as the need be.

Rule - 26. Permission criteria.

(1)     In cities with population more then 5 lakhs, on ground Billboards shall be mounted on single pole only (Unipole).

(2)     No Outdoor Media Device shall be attached in any way to trees or shrubs.

(3)     No trade and business sign, messages, posters or printed material of any nature shall be attached/pasted onto any supporting column, pillar or post.

(4)     Outdoor Media Device in any form shall not obstruct any pedestrian movement (vertically and laterally), fire escape door or window openings.

(5)     No Outdoor Media Device shall be in any form or manner interferes with openings required for light and ventilation as prescribed in prevalent Building Bye Laws.

(6)     Under no circumstances shall Outdoor Media Device be located to obstruct or alter the frontal silhouette of any transparent/translucent surfaces/openings.

(7)     No trade and business sign shall be in any form or manner interferes with fire safety transit/exit space requirements and prescribed norms.

(8)     Materials used on all Outdoor Media Devices should be non-polluting and fire resistant.

(9)     Any new Outdoor Media Device shall consider existing Outdoor Media Devices on a building, site or adjoining streetscape to ensure that the Outdoor Media Device does not give rise to visual and/or physical clutter.

(10)   Outdoor Media Devices shall have no projections from any building.

(11)   The cabling and conduit should be concealed from view of the sign/Outdoor Media Devices and any supporting structure from all angles, including visibility from the street level and nearby higher buildings and against the skyline.

(12)   No Outdoor Media Devices under any circumstances shall be supported from, hung or placed on other signs. Each Outdoor Media Devices should be self-supporting or fixed securely with the architectural structure.

(13)   Outdoor Media Devices suspended from the roof at the roof level are not permitted.

(14)   Where subordinate information is allowed, the name or use of the business shall be the dominant message on the Outdoor Media Devices-No supplementary (as in bylines, product specifications, selling propositions) and subordinate information (addresses, telephone numbers, and other such details) which seeks the attention of drivers along vehicular stretches will not be allowed as they present a traffic hazard.

(15)   Outdoor Media Devices should be non reflective such that they do not flash or glare at drivers on the streets.

(16)   All permitted Outdoor Media Devices would attract levies payable as outlined by the Competent Authority.

Rule - 27. Traffic hazard potential dependencies.

(1)     The traffic hazard potential of an Outdoor Media Device depends on its:

(a)      Site Location: Outdoor Media Device's location from the road, which is measured in terms of lateral and longitudinal displacements from the edge of the road. The hazards generally diminishes further the device is away from the road.

(b)      Size of the Outdoor Media Device,

(c)      Luminance level of the Outdoor Media Device, and

(d)      Background and other such related issues.

(2)     An Outdoor Media Device may be considered a traffic hazard-

(a)      If it interferes with road safety or traffic efficiency.

(b)      If it interferes with the effectiveness of a traffic control device (e.g., traffic light, stop or give way sign).

(c)      Obscures a driver's view of a road hazard (e.g., at corners or bends in the road).

(d)      Imitates a traffic control device.

(e)      Is a dangerous obstruction to road or other infrastructure, traffic, pedestrians, cyclists or other road users.

(f)       Obscure any existing and legally erected Outdoor Media Devices;

(g)      If it is in the declared dangerous (partly or fully) or has been issued with the notice under the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956) or Madhya Pradesh Municipalities Act, 1961(No. 37 of 1961);

(h)     If it violates the building by-laws of Municipal Corporation/Municipality/Municipal Council;

(i)       If it is against the public interest;

Rule - 28. Site selection criteria.

(1)     Lateral Placement-

(i)       Unipole/Hoarding shall not be permitted on traffic islands.

(ii)      Where carriageways diverge so much that oncoming traffic is not visible because of topography or dense vegetation.

(iii)     Unipole/Hoarding should not be permitted:

(a)      in medians

(b)      on traffic junctions where carriageway diverge

(c)      on footpaths

(d)      where footpath doesn't exist Unipole/Hoarding shall not be permitted within 3 meter of existing carriageway.

(e)      where footpath exist Unipole/Hoarding shall not be permitted within 3 meter from the edge of the footpath.

(f)       on roads where service road/lane exists, the Unipole/Hoarding shall not be permitted within 3 m from the edge of the service road/lane.

(2)     Longitudinal Placement (Driver Distraction Control)-

The minimum distance between two Unipole/Hoarding on the same side of the road shall not be less than 50 meter.

Rule - 29. Development criteria.

(1)     Apart from accommodating vehicular and pedestrian traffic, road reserves are corridors for utility services such as power, telecommunications, gas, storm water, water supply and sewerage. The Agency/Advertiser or the licensee is responsible to co-ordinate, inform and communicate to relevant authorities before any excavation or fabrication on site work is to be undertaken. Any liability, delay or accident that happens, is complete responsibility of the Owner/Agency.

(2)     Outdoor Media Device Owner/Agency are solely responsible for ensuring that during erection, maintenance, alteration and operation of an Outdoor Media Device, the device does not conflict with services or other things within the road reserve.

(3)     The Competent Authority may ask the Owner/Agency to either replace or altogether remove any Outdoor Media Device to facilitate the work undertaken by utility services such as power, telecommunications, gas, storm water, water supply and sewerage, or for road widening.

Rule - 30. Physical characteristics.

The application of control on physical characteristics is intended to minimize the level of driver distraction. Control of the physical characteristics of Outdoor Advertising Devices shall relate to the:

(a)      Size and shape

(b)      Colour

(c)      Illumination

(d)      Outdoor Media Device Content

(e)      Legibility

(f)       Structure

(g)      Electrical Connection

(a)      Size and Shape-

Outdoor Media Devices shall not use shapes that could potentially result in an Outdoor Media Device being mistaken for the effectiveness of official traffic signs.

(b)      Colour-

Outdoor Media Devices shall not use colour combinations that could potentially result in and being mistaken for an official traffic sign.

(c)      Illumination-

(1)     Outdoor Media Device shall not contain flashing red, blue or amber point light sources which, when viewed from the road, could give the appearance of an emergency service or other special purpose vehicle warning lights.

(2)     All lighting associated with the Outdoor Media Device shall be directed solely on the Outdoor Media Device and its immediate surrounds.

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

(4)     Illumination of Outdoor Media Device is to be concealed or be integral part of it.

(5)     Up-lighting/upward pointing of the Outdoor Media Device shall not be 'allowed, any external lighting is to be downward pointing and focused directly on the Outdoor Media Device to prevent or minimise the escape of light beyond Outdoor Media Device.

(6)     Any light source shall be shielded so that glare does not extend beyond the Outdoor Media Device.

(7)     Non-static illuminated Outdoor Media Devices (with flashing lights) are not permitted.

(d)      Outdoor Media Device Content-

The Municipal Authority will generally rely upon self regulatory controls within the Advertising industry to enforce minimum Advertising standards. Notwithstanding this approach, the Competent Authority may take action to modify or remove any Outdoor Media Device that contravene the Advertising Industry's Code of Ethics, (refer List of Negative Advertisements provided in chapter II) or that otherwise causes a traffic hazard.

(e)      Legibility-

(1)     For all categories of Outdoor Media Devices (other than OMDs which are directed at pedestrians), text elements on an Outdoor Media Device face should be easily discernible to traveling motorists. This will minimise driver distraction.

(2)     The content or graphic layout exhibited on Outdoor Media Device panel shall avoid hard-to-read and overlay intricate typefaces and have letters styles that are appropriate and is not detrimental to the smooth flow of traffic and distracting to the driver.

(3)     All Outdoor Media Devices shall be so designed as to maintain a proportion where, as a general rule, letters should not appear to occupy more than 20% of the Outdoor Media Device area, unless otherwise permitted by the Competent Authority.

(f)       Structure-

(1)     A Structural Engineer practicing in the field of structural engineering shall certify Outdoor Media Device structures and also the building on which Outdoor Media Device is installed. This requirement is not applicable to specific instances where the Outdoor Media Device is in the form of Advertisement pasted directly to the surface of a structure e.g. pasted sticker on a vehicle, wall wrap, etc.

(2)     This certification confers compliance of the design with relevant Indian Structural Design Standards, Codes of practice and conditions of these Rules. The foundations shall be designed and checked for extreme wind conditions, earthquake, soil bearing capacity, etc.

(3)     The Structural Engineer shall be accountable in case of any structural disability and safety of the Outdoor Media Devices and the building on which Outdoor Media Device is installed. Certified structural engineer should do the annual audit of the structure and report should be submitted to competent authority.

(4)     The supporting structure shall have a non-reflective finish to prevent glare.

(5)     The Outdoor Media Device structure shall be well maintained. It shall be painted in colours that are consistent with and enhance the aesthetics of surrounding area.

(6)     Official road furniture such as official signs and delineator guideposts shall not be used as the supporting structure of an Outdoor Media Device.

(7)     The name of the Outdoor Media Device license holder/license number/media device identification number/license period, etc., shall be placed in a conspicuous position on the Outdoor Media Device.

(g)      Electrical Connection-

(1)     Electrical connections to Outdoor Media Devices shall accord with relevant Indian Standards.

(2)     Electrical connections to Outdoor Media Devices shall be designed to ensure there is no risk to safety or traffic.

(3)     Electrical connections to Outdoor Media Devices shall be designed to be safe in the event of accidental knock down.

(4)     As constructed, certification shall be supplied immediately following installation and connection.

(5)     The Owner/Agency of the Property is the power consumer and shall make application for power connection and shall obtain electricity connection from the respective distribution company/agency for illuminated display at each site in his own name, for which Competent Authority would provide him necessary no objection certificate on his specific request.

(6)     Any charges for power connection and supply shall be incurred directly by the Owner/Agency. A copy of the electricity supplier's letter of acceptance/billing arrangement shall be provided to the Competent Authority before entering into formal license agreement.

(7)     The electrical installation work shall be performed by a licensed electrical worker in accordance with the relevant Electricity Regulation and the Wiring Rules and as per the relevant electricity suppliers.

(8)     Adequate insulation and protection equipment and procedures shall be in place to protect maintenance and service personnel working on either the Outdoor Media Device or the road lighting circuit. For earthing, a separate earth electrode shall be used, and active and neutral conductors shall be used only for supply from the supply point.

(9)     A sketch plan shall be submitted to Competent Authority showing the location from where the electricity is being drawn along with position of various other ancillary requirements, duly signed by a qualified electrical engineer practicing in same field.

(10)   A copy of the electrical contractor's test certificate shall be provided to the Competent Authority. The switching device shall be of a type approved by the electricity supplier. Electrical components shall be in accordance with relevant Indian Standards.

CHAPTER-IX INDICATIVE LIST OF PROHIBITED AREAS AND NEGATIVE OUTDOOR ADVERTISEMENT

Rule - 31. Prohibited areas.

No Advertisements or Outdoor Media Devices shall be allowed in the following areas:

(1)     In front or/inside the compound of/on the walls of any-

(a)      Building of archaeological, architectural, aesthetically, historical or heritage importance;

(b)      Statues, minarets or pillars of heritage importance;

(c)      Educational institutions;

(d)      Traffic Islands.

(2)     In exceptional circumstances, the Municipal Authority in consultation with the relevant authority would consider applications on a case-by-case basis. For example-for tourist service/accommodation businesses, Outdoor Media Devices may be permitted as part of a regional tourist plan.

(3)     The Municipal Authority has the power to add the specific area in Prohibited List of Area for Outdoor Media Device.

Rule - 32. List of negative advertisements.

The advertisement consisting/exhibiting any one or more of the following shall be deemed to be negative advertisement for the purpose of these Rules.

(a)      Nudity;

(b)      Racial or communal or propagating caste, community or ethnic difference;

(c)      Promoting drugs, alcohol, cigarette or tobacco items;

(d)      Propagating exploitation of women or child;

(e)      Sexual overtones;

(f)       Depicting cruelty to animals;

(g)      Depicting anti national activities;

(h)     Casting aspersion on any brand or person;

(i)       Advertisement banned by any law;

(j)       Glorifying violence;

(k)      Destructive devices and explosives depicting items;

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

(m)    Which may be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

(n)     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;

(o)      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

(p)      Any other items considered inappropriate by the Competent Authority

 

SCHEDULE

ADVERTISEMENT LICENSE FEE

(I)      Agency registration/processing fees.

Following fees shall be applicable for registration of Advertising Agencies/Owner with Competent Authority:

(1)     Agency Registration Fees

Note:

(1)     Applicable Tax shall be payable over and above the Fees/charges specified above.

(2)     The aforesaid fees will be reviewed and notified from time to time by the Competent Authority.

(3)     Self Advertisers shall be exempted from payment of registration/processing fee subject to adherence to other provisions of these Rules.

(II)     Process of license fee determination

(1)     License Fee Determination For Typology-A, C and F

(a)      Typology A, C and F shall be developed preferably through Public Private Partnership (PPP) projects on the basis of advertisement master plan/zonal plan by the Municipal Authority. The selected agency shall be expected to bear the cost of making, running and managing of the device/structure. The agency shall pay to the Competent Authority an amount based on open tender process and as per the terms of agreements and conditions of the contract. This selection process shall be typically based on highest payment to the Competent Authority, with the safeguards that highest performance standards are set out in the concession/authorisation agreement as part of contractual obligations.

(b)      In specific cases, where the land belongs to Railway/Airport Authority of India/Government/Semi Government, etc., the agency who is erecting the Outdoor Media Devices shall pay the applicable license fee as per Typology-D license fee determination.

(2)     License Fee Determination For Typology-B

Public Transport Systems are essential for any city and it is the endeavour of the Competent Authority to actively promote the same. For these reasons a separate Public Transport System category is envisaged under these Rules, wherein certain concessions as well as ease of doing business have been provided to ensure that outdoor media on Public Transport Systems get appropriate occupancy leading to a more improved and sustainable Public Transport Systems.

(3)     For Typology-B-Public Transport System (Rolling Stock)

 

(4)     License Fee Determination For Typology-D-For Outdoor Media Device On Private Land

The Licence Fee shall be minimum of 4% of the value of the Collector Guideline Rate in Rs./Sq Ft/Per Annum or as decided by Municipal Authority above than the minimum 4% of the value of the Collector Guideline Rate.

(5)     License Fee Determination For Typology-E-For Temporary Events

(6)     License Fee Determination For Typology-G-For Shop Signages

(7)     License Fee Determination For Typology-H-For Innovative Advertising

(8)     License Fee Determination For Typology-I-In Cinema On Screen Advertising

(9)     License Fee Determination For Typology-J-Inside Commercial Building Or Public Building