(4)[ Notwithstanding anything contained in this section or elsewhere in this Act or in any other law for the time being in force, non-commercial advertisement or advertisement related to public interest may, with the consent, in writing, of the owner or the authority, be erected, exhibited, fixed or retained upon or over any land, building, wail, hoarding, frame, post, kiosk or structure, or displayed to public view in any manner whatsoever :] [Inserted by the West Bengal Municipal (Second Amendment) Act, 2006 (West Bengal Act XXVIII of 2006), w.e.f. 1.12.2008.]Provided that no permission of the Chairman shall be required for erecting, exhibiting, fixing or retaining upon or over any land, building, wall, hoarding, frame, post, kiosk or structure, or displaying any advertisement, under this sub-section :Provided further that no non-commercial advertisement, other than the advertisement related to public interest, shall be erected, exhibited, fixed or retained on -(i)the surface of any solid wall, or on any other permanent structure, including the terrace, in such manner which shall cover, even partially, any door, window, ventilation shaft, chimney, air conditioner, balcony or any other portion of the building covered with iron grill;(ii)the building or fence or any educational institution or hospital.(iii)the building used for religious purposes;(iv)the gate or exit requirement of any building;(v)the electrical installation, like transformer, lamp post, switchgear box, meter room;(vi)the water supply installation, like pump house. pump, water main, boosting station or machinery, water tank or water reservoir;(vii)the portion of any public transport;(viii)the buildings or structures owned by the Central Government, State Government or any local authority, or on any heritage building;(ix)the public street which may block the flow of pedestrians or traffic.Explanation. - In this Chapter,-(a)the words "non-commercial advertisement" mean the advertisement which is related to the campaign of any political party, or an independent candidate, to an election, or any campaign of any mass organization;(b)the words 'advertisement related to public interest' mean the advertisement which is related to promoting public health, preservation and conservation of environment, literacy campaign. fire protection, awareness of traffic rules, communal harmony, displayed by the Government, or any registered non-Government organization, or any political party. or any mass organization, but shall not include the displaying of advertisement, in any manner whatsoever, for the purposes of-(i)selling or buying goods, real estates, services, concepts in lieu of financial or any other consideration; or(ii)entertainment or recreational programme, or(iii)setting up any marketing chain or network; or(iv)admission in any tutorial, academy, training center, commercial school, commercial college, or in any other organization which imparts, or shall impart, any education, including technical education, in lieu of financial or any other consideration; or(v)recruitment of personnel through any private agency;(c)the words 'mass organization' includes any registered trade union, organised workers' organization, teachers' organization, youth organization, women organization, peasants' organization, students' organization. pensioners' organization, traders' organization, unorganised workers' organization;(d)the words 'political party' shall mean a political party as defined in clause (f) of section 2 of the Representation of the People Act, 1951 (43 of 1951).
