Section 328 in The Mumbai Municipal Corporation Act, 1888
328. Regulations as to sky-signs.
(1)No person shall, without the written permission of the Commissioner erect, fix or retain any sky-sign, whether now existing or not [Where a sky-sign is a poster depicting any scene from a cinematographic film, stage play or other stage performance, such permission shall not be granted, unless prior scrutiny of such poster is made by the Commissioner and he is satisfied that the erection or fixing of such poster is not likely to offend against decency or morality. No permission under this section] [These words were substituted for the words 'no such written permission' by Maharashtra 42 of 1976, Section 9.] shall be granted, or renewed, for any period exceeding two years from the date of each such permission or renewal:[ * * * * * *] [This proviso was deleted by Maharashtra 27 of 1999, Section 115(a), (w.e.f. 23-4-1999).][Provided that] [These words were substituted for the words 'provided further that' by Maharashtra 27 of 1999, Section 115(b), 23-4-1999).] in any of the following cases a written permission or renewal by the Commissioner under this section shall become void, namely: -(a)if any addition to the sky-sign be made except for the purpose of making it secure under the direction of the municipal [city engineer] [The words 'city engineer' were substituted for the words 'executive engineer' by Bombay 19 of 1930, Section 6.];(b)if any change be made in the sky-sign, or any part thereof;(c)if the sky-sign or any part thereof fall either through accident, decay or any other cause;(d)if any addition or alteration be made to, or in, the building or structure upon or over which the sky-sign is erected, fixed or retained, if such addition or alteration involves the disturbance of the sky-sign or any part thereof;(e)if the building or structure upon or over which the sky-sign is erected, fixed or retained become unoccupied or be demolished or destroyed.(2)Where any sky-sign shall be erected, fixed or retained after the [coming into force of this section in the city or in the suburbs after the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950,] [These words, brackets and figures were substituted for the words 'enactment of this section' by Bombay 7 of 1950, Section 27.] [or in the extended suburbs after the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956] [These words, brackets ane figures were inserted by Bombay, 58 of 1956, Section 20.], upon or over any land, building or structure, save and except as permitted as hereinbefore provided, the owner or person in occupation of such land, building or structure shall be deemed to be the person who has erected, fixed or retained, such sky-sign in contravention of the provisions of the section, unless he proves that such contravention was committed by a person not in his employment or under his control, or was committed without his connivance.(3)If any sky-sign be erected, fixed or retained contrary to the provisions of section, or after permission for the erection, fixing or retention thereof for any period shall have expired or become void, the Commissioner may, by written notice, require the owner or occupier of the land, building or structure, upon or over which the sky-sign is erected, fixed or retained, to take down and remove such sky-sign.The expression "sky-sign" shall in this section mean any word, letter, model, sign, device or representation in the nature of an advertisement, announcement or direction, supported on or attached to any post, pole, standard framework or other support wholly or in part upon or over any land, building or structure which, or any part of which sky-sign, shall be visible against the sky from some point in any street and includes all and every part of any such post, pole, standard framework or other support. The expression"sky-sign" shall also include any balloon, parachute, or other similar device employed wholly or in part for the purposes of any advertisement, announcement or direction upon or over any land, building or structure or upon or over any street, but shall not include-(a)any flagstaff, pole, vane or weathercock, unless adapted or used wholly or in part for the purpose of any advertisement, announcement or direction;(b)any sign, or any board, frame or other contrivance securely fixed to or on the top of the wall or parapet of any building or on the cornice or blocking course of any wall, or to the ridge of a roof:Provided that such board, frame or other contrivance be of one continuous face and not open work, and do not extend in height more than three feet above any part of the wall, or parapet or ridge to, against, or on which it is fixed or supported;(c)any word, letter, model, sign, device or representation as aforesaid, relating exclusively to the business of a railway company, and place wholly upon or over any railway, railway station, yard, platform or station approach belonging to a railway company, and so placed that it cannot fall into any street or public place;(d)any notice of land or buildings to be sold, or let, placed upon such land or buildings.
