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State of Bihar - Act

Patna Municipal Corporation (Grant of Permission for Display of Advertisements & Similar Devices) Regulations, 2012

BIHAR
India

Patna Municipal Corporation (Grant of Permission for Display of Advertisements & Similar Devices) Regulations, 2012

Rule PATNA-MUNICIPAL-CORPORATION-GRANT-OF-PERMISSION-FOR-DISPLAY-OF-ADVERTISEMENTS-SIMILAR-DEVICES-REGULATIONS-2012 of 2012

Published on 4 July 2012
Commenced on 4 July 2012
[This is the version of this document from 4 July 2012.]
[Note: The original publication document is not available and this content could not be verified.]

Patna Municipal Corporation (Grant of Permission for Display of Advertisements & Similar Devices) Regulations, 2012Published vide Notification No. 2367/U.D. & H.D, dated 04.07.2012Last Updated 8th February, 2020No. 2367/U.D.&H.D - In exercise of powers conferred under Section 421 of the Bihar Municipal Act, 2007, the Patna Municipal Corporation hereby make the Regulations in relation to the matters of grant of permission for display of advertisements and similar devices in any place within the jurisdiction of the Patna Municipal Corporation.Part-I 1. Short title and commencement.(1) These regulations may be called "The Patna Municipal Corporation (Grant of Permission for Display of Advertisements & Similar Devices) Regulations, 2011".(2) It shall come into force upon approval by the State Government and with effect from the date of its publication in the Official Gazette.(3) These regulations shall be applicable in relation to all the matters pertaining to grant of permission for display of advertisements and similar devices in any place, locality or location falling within the jurisdiction of the Patna Municipal Corporation.

2. Definitions.

- In these regulations, unless the context otherwise requires: -

(i)"Advertisement" means and includes any device or representation in any manner such as announcement or direction by word, letter, model, sign by means of posters, hoarding boards, banners, temporary arches, illuminated signs, name boards, direction boards, balloons etc.

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

(iii)"Banner" means cloth or any other material, which contains some advertisement or announcement or written matter for display in public place.

(iv)"Building Wrap Advertisement" means an advertisement displayed on any building frontage usually stretched across the building frontage or on the scaffolding of a building under construction or repair or by sticking or fixing it to a glass frontage or window.

(v)"Building Wrap Electronic Advertisements without Any Use of Poles etc. Which Are Used To Erect Hoardings" means an advertisement displayed on any building frontage, which is not a heritage structure, using digital displays, which can be switched on at night time and may flash or appear in a synchronized manner in one or more different colours.

(vi)"Bus Shelter Advertisement" means an advertisement displayed on the structure of a bus shelter including translates, or such other display.

(vii)"Commissioner" means Municipal Commissioner of the Patna Municipal Corporation and includes Additional Municipal Commissioner.

(viii)"Competent Authority" means Commissioner or any other officer of the Corporation not below the rank of Additional Commissioner duly authorized by him.

(ix)"Corporation" means the Patna Municipal Corporation.

(x)"Direction Boards" means boards put up by private and commercial establishments to indicate direction to their offices or commercial outlets, etc.

(xi)"Electronic Display" means electronically operated advertisement display fixed on a structure. The display is obtained by the operation of an electronic or electrical device such as neon lights, LED or LCD Display etc.

(xii)"Gantry Advertisement" means advertisement affixed on a gantry erected across a road and usually fabricated of metal section pillars fixed on either side of a road with a beam shape section connecting the top of the pillars across the road with the advertisement on the face opposite to the direction of traffic.

(xiii)"Glow Sign Box Advertisement" means an advertisement displayed on a transparent or translucent sheet of any plastic material mounted on a metal sheet box, illuminated from behind using electrical lamps.

(xiv)"Hoarding" means any surface of structure erected on ground or any portion of a roof of a building or on or above the parapet, with character, letter or illustrations applied thereto and displayed in any manner whatsoever, out of doors, for purpose of advertising or to give information with a view to attract the public to any place, persons, public performance articles of merchandise whatsoever and also includes advertisement by using neon bulbs/lamps/lights, which flash and appear in a synchronized manner in one or more different colours.

(xv)"Mobile Advertisement Display" means a double or single sided hoarding 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.

(xvi)"Poster" means sheet of paper or any other material used to advertise something for display in a public place.

(xvii)"Prescribed Application Form" means a format prescribed by the Commissioner at Appendix-A on which an application for permission to erect and display an advertisement or renew the existing permission for any outdoor media is to be made to the Corporation.

(xviii)"Scroller Display Advertisement" means a box type display with rollers for scrolling a display of looped printed sheet displaying an advertisement. This may be either illuminated or non-illuminated or backlit.

(xix)"Sky-sign" means any word, letter, model, sign, device or representation in the nature of advertisement, announcements or directions, 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 directions upon or over any land, building or structure or upon or over any street but shall not include

(i)any flagstaff, pole, vane or weathercock, unless adopted or used only on in part for the purpose of any advertisement, announcement or direction.

(ii)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 cornicle 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.

(iii)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 a 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.

(iv)any notice of land or building to be sold, or let, placed upon such land or buildings.

(xx)"Temporary Arches" mean temporary structures erected across the road for greeting of personalities or for display of advertisement.

(xxi)"Temporary (Bulk) Advertisement" means and refers to advertising, within a limited area or road at times of a festival or celebration for a limited period. This permission will be with respect to temporary hoardings, arches, banners or pole-flags. Bulk commercial hoardings shall include those displayed on a mobile media such as a service van and/or delivery vehicle.

(xxii)"Tri-Vision Advertisement (or Tri-Ad)" means an advertisement hoarding that uses rotating triangular panels in a synchronized manner such that the three faces of the triangular section are seen one after the other displaying three different advertising messages. These could be illuminated or non-illuminated.

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

Part-II General Norms For Advertisement Permission

3.

No agency, without the permission in writing from the competent authority shall display any advertisement by means of hoarding, neon signs, wall paintings, balloons or display advertisements on business premises such as shops, show rooms, offices, petrol pumps, cinema theatres, malls etc. The norms guiding the grant of permission will be as detailed in this section. An agency displaying sky sign or advertisement unauthorisedly without seeking permission of the competent authority and in contravention of these regulations will be committing offence punishable under Section 429 and 431 of the Bihar Municipal Act, 2007. However, permission will not be required for certain types of the advertisements, which have also been detailed in these regulations.

4.

For display of hoardings etc., the area falling within the limits of PMC will be divided as per the classification of roads under Section 127 of the Bihar Municipal Act, 2007 and Rules framed by the PMC in this regard and will be as indicated hereunder:

Zones	Roads
Zone-1 :	Hoardings on Principal Main Road
Zone-2 :	Hoardings on Main Road
Zone 3 :	Hoardings on Roads other than Principal MainRoad and Main Road

(a)size of hoardings

The standard sizes of the hoarding boards shall be as follows: -

Zone 1 :	10' x 20', 20' x 20'
Zone 2 :	10'x20', 20'x20', 30'x20'
Zone 3 :	10'x20, 20'x20', 30'x20', 40'x20'

(On terraces in all wards, it can be 60'x20' also. On wider roads, i.e. more than 90 feet excluding footpath, hoardings of bigger size i.e. 40'x40' may also be permitted, which will depend upon the volume of space available at the spot.)

(b)Size of hoardings shall be kept uniform on one single road, which will be decided by the Competent Authority, keeping in mind the proportionate general average width of the abutting road. The advertisement hoardings shall be framed from all sides in conformity with the prescribed size.

(c)Sandwich (back to back) hoardings having standard size can be permitted.

(d)The structural framework supporting advertisement board shall not be outsized compared to the permitted board size and shall not exceed 15 (fifteen) centimeters on either side laterally. No vertical tolerance is permitted except the columns up to the ground clearance. Any incremental deviation shall be deemed to be an increase in the size of the advertisement board against norms and in breach of terms and conditions of the permit.

(e)Existing hoardings of non-standardized sizes permitted prior to these regulations shall be allowed to continue till 30.06.2012. However, the permission for the said hoardings shall be renewed only in terms of the standard sizes, subject to other provisions in these Regulations.

(f)

(i)Backlit boards (back to back) of size of 1.2 mtrs. X 1.8 mtrs. At a height of 7' from footpath level on single mast can be permitted on PMC footpath on selected roads at a minimum interval of 10 mtrs. irrespective of any zone by inviting tenders, whenever required by the PMC.

(ii)Trivision (or 'Tri-Ad' or '3 sided') backlit boards having size 1.4 mtrs. x 3 mtrs. at a maximum height 10' from footpath level, on single mast can be permitted on PMC footpath on selected roads at a minimum interval of 15 mtrs. irrespective of any zone by inviting tenders whenever required by PMC. However, no backlit or Trivision advertisement is permissible on footpath having width less than 10'.

(g)On bus shelters, backlit advertisement boards of size 1.2 mtrs. x 1.8 mtrs. on the top or at the rear side of the bus shelters can be permitted. However, the advertiser will have to pay additional charges/premium as decided by the Municipal Commissioner.

(h)Construction fence will henceforth be allowed as non-lit special advertising structure, temporary in nature, which will be non-standard advertising field, subject to height restriction of 10' above the ground.

(i)In order to bring standardization in sizes of advertisements, it will be incumbent upon all advertisers displaying on electric poles, etc., to maintain standard size 2'.5''x3'2.5'' all over the city.

5. Structural Design/ Erection of the Hoarding.

- The design/erection of the hoarding shall be aesthetically designed and strictly as per the structural plan approved by a Government or Corporation Licensed Structural Engineer / Architect. The size of the hoarding permitted will include appropriate frame on all sides to make the hoarding look aesthetically beautiful. The structural framework will preferably be supported by unipole or at the maximum two poles, but in no case more than two poles. All poles and back of hoardings will be aesthetically covered. Structures of all hoardings along with their support and the rear side of the hoarding will be painted in the dark green enamel paint at least twice in a year.Renewal of the permit for the hoarding duly painted as per this clause is subject to the submission of structural stability certificate, every two years, in respect of the hoarding structure from the Licensed Structural Engineer.Applications for hoardings etc. must contain a computer generated design image including external lighting fixtures. If later on any deviation is found, the permission given will be withdrawn.

6. Structural Stability of the Building.

(a)Advertisement hoardings shall be allowed to be erected on a building only if it has been examined from the angle of the structural stability and a certificate of such structural stability from Government or Municipal Licensed Structural Engineer is produced. Agency erecting the hoarding will have to submit necessary insurance against liabilities arising from unforeseen mishaps.

(b)The renewal of the permit for existing hoarding is subject to submission of structural stability certificate of the hoarding structure and structural stability certificate of the building, every two years, from the Structural Engineer.

7. Permissible Colours of Advertisements.

- The colours used on hoardings shall not have any resemblance with the colours of traffic signal such as, Red, Amber and Green symbols and boards and also no hoardings shall be placed so as to obstruct clear vision of any traffic signal.

8. Bottom Clearance of the Hoarding Board.

- (i) The lower bottom of the hoarding board shall not be at a height less than 3.05 meters (10 feet).

(ii)No hoarding shall be projected on the footpath at any time.

(iii)No hoarding shall be projected on a public road where there is no footpath.

9. Maximum Height of the Hoarding Board.

- (i) When erected on the ground maximum height i.e. top of the hoarding board shall not be more than 75 ft. from the surface of the ground below it including the bottom clearance.

(ii)When erected on terrace of a building, the maximum height of the hoarding board shall not be more than 12.2 meters (40') from the terrace level including the bottom clearance. It shall be further subject to height restrictions imposed by Airport Authority of India (IAAI) within its landing and take off operational area.

(iii)No hoardings shall be permitted henceforth one above another.

10. Minimum Distance Between Two Hoardings.

- (i) The minimum distance between two hoardings on poles on the same side of the road/alignment shall not be less than 20 meters. This distance will be measured from the perimeter of the hoarding.

(ii)In case of sandwich hoarding (back to back), the minimum distance between two sandwich hoardings shall not be less than 20 mtrs.

11. Alignment of Hoardings.

- (i) Uniformity in size of the hoarding and alignment thereof in a particular locality, more particularly along the arterial roads and expressways shall be maintained.

(ii)In case of hoardings on the bridges, the height of the support shall be so adjusted as to make one uniform line not higher than the embankment of the wall.

(iii)Agency shall realign, readjust or shift the hoardings whenever called upon by the competent authority to do so at his own cost without claiming any compensation.

(iv)As far as possible, the display of hoardings must be parallel to the road. In no case, the angle between the hoarding and road line should be more than 30 degrees.

12. Clubbing of Hoardings.

- Clubbing of the hoardings shall not be allowed.

13. Projection of Hoardings.

(a)Hoarding structure on the terrace of built up structure / building shall not be allowed to project, in the interest of public safety, beyond the building line.

(b)Hoardings on open ground shall not be permitted to project over the carriageway of the road line if there is no footpath.

(c)Hoardings on open ground shall not be permitted to project over footpath.

14.

The competent authority may, for reasons to be recorded in writing, refuse permission for grant of advertisement permit.

15.

Temporary permission for display of advertisements for commercial purposes, for periods not exceeding one month, can also be granted subject to conditions and payment of fees as laid down by the Commissioner. Permission for advertisements shall not ordinarily be refused if they are in conformity with the provisions under the Bihar Municipal Act, 2007 and these regulations, unless there is specific objections either from the police department or if the same offends the light or ventilation, or creates nuisance or obstructions to the residents in the vicinity.

16. Hoardings on the Premises of Public Authorities.

- Agencies desirous of erecting hoardings on the land or premises of public authorities, whether government, semi-government etc. have to obtain a valid permit under Sections 145 & 146 of the Bihar Municipal Act, 2007 after obtaining NOC from the concerned Public Authority before they can erect the hoarding or display advertisements. The demand notices for advertisements fees should be sent to the concerned advertising agencies as per Regulations of the Corporation. The concerned authorities shall provide the names of the agencies locations, size, period and all other details of the hoardings on their premises.

17. Hoardings on railway premises.

- Advertisements relating to the business of the railways displayed within the railway premises on stations or walls therein except those fronting any street are the only ones free from the purview of municipal permits.In other words, advertisements set up in the railway premises or stations and falling in the following categories are liable to the regulatory provisions of the BMA, 2007:

(i)Advertisements/Wall paintings set up by the railways on railway premises or stations, other than those relating to their business, visible from or fronting any street;

(ii)Advertisements/wall paintings set up by private or non railways agencies on railway premises, station or land.

For permission of hoardings on railway premises, the agency must apply to the concerned authorities in Municipal Corporation in the prescribed manner, after obtaining NOC from the Railway authorities.All the advertisement hoardings, permitted by Railway authorities in their premises must be as per these regulations for getting NOC/permission. The demand notices for advertisement fees will be sent to the concerned advertising agency as per schedule of the Corporation. The concerned authorities are required to provide the names of agencies, location, size, period allotted and all other details of the hoardings on their premises.Responsibility of removal of hoardings as per specific direction of any Hon'ble Court or when hoarding is not permitted by the Commissioner shall however lie upon the railway authorities.

18. Restrictions.

(a)No illuminated hoarding shall be permitted within the cone of the driver without the NOC from the Traffic Police Department.

(b)No hoarding shall be permitted at intersection within a distance of 25 meters from the stop-line of each approach road facing the hoarding erected on the ground level. No mobile hoardings will be permitted in carriageways of any road.

(c)No hoarding shall be permitted in the compulsory open space required to be maintained under the existing Master Plan as per provisions of Patna Regional Development Authority (Preparation of Regional Plan, Master Plan and Zonal Development Plan, with the procedure for preparation, submission and approval etc.) Rules, 1978 including public recreation grounds, playgrounds, parks and gardens unless it belongs to the agency which has been allotted the task for maintaining the same provided that it does not interfere with the usage by the general public.

(d)No hoarding shall be permitted around Traffic Islands and signal junctions within a 25 meters distance from the road line.

(e)No hoarding shall be permitted which will cover vision of the greenery, landscaping or large size trees in the adjoining areas. No hoarding shall be permitted near river banks, parking lots or on any land adjacent to the riverbank towards the road.

(f)No hoarding shall be permitted which would obstruct the light or ventilation of any premises.

(g)No hoarding shall be permitted on buildings of archaeological, architectural, aesthetical, historical or heritage importance.

(h)In case of illuminated / neon-sign hoardings, following restrictions should be observed:

(i)The level of luminance should not exceed a source limit of 1 cd/cm square. Illumination shall not be continued after 11:00 pm.

(ii)The neon-signs in residential premises should not be flickering. No neon sign hoardings shall be permitted in Residential Zone / Localities.

(iii)Neon-signs should be put off before 10:00 pm.

(iv)No video or moving digital advertisements will be allowed. LED displays etc. should be still only. Changing of images after minimum 10 seconds will only be permissible.

(j)So far as the issue of more than one hoarding on a single plot is concerned, not more than one hoarding per 400 sq. mtrs. of plot area will be permitted on private properties or lay outs. For having another hoarding, the plot owner must have at least another 400 sq. mtrs. of area.

(k)No hoardings shall be permitted on the walls other than dead walls of any building except wrap up neon / digital advertisements, subject to other provisions of these regulations.

(l)Not more than one hoarding per 400 sq. mtrs. of terrace area shall be permitted on any building terrace. However, the consent of the flat occupier(s) of the top most floor will be a must, in addition to resolution of the housing society.

(m)No diesel generators will be allowed to illuminate hoardings as these create noise and air pollution.

19. Hoardings On Corporation Properties.

(a)No hoardings shall be allowed on Corporation properties except by inviting tenders. All existing hoardings will be removed at the expiry of agreement or 31.08.2008, whichever is earlier.

(b)Projection of advertisement boards or hoardings over footpath or road shall not be permitted in order to keep aesthetic view in tact and to ensure that pedestrian traffic and public safety is not endangered.

20. Norms For Display of Advertisements By Floating Balloons.

- Permission for illuminated or non-illuminated advertisements by means of floating balloons can be granted subject to the compliance of conditions mentioned below: -

(a)The agency shall display the balloon in such a manner that it does not interfere with or obstruct other displays of advertisements.

(b)The agency shall make all necessary arrangements to avoid any hazard or emergency during the display of the said advertisement.

(c)The agency shall produce NOC from the Civil Aviation Department of the Government of India and shall observe all their rules and regulations.

(d)The agency shall be liable to pay damages for any accident or any injury which may be caused to any property of a person by the said balloon or the material, gas or any device used in respect thereof or by reason of the fall or otherwise of the said balloon or any part thereof due to storm, faulty construction, negligence, accident or any other cause whatsoever.

21. Norms for Display of Advertisements by means of Wall Painting.

- No permission for display of advertisement by means of wall painting shall be granted.

22. Norms for Display of Advertisement on Business Premises.

- The advertisement, such as illuminated glow sign boxes and illuminated / neon sign name boards on the business premises, shall be permitted /regularized as per the provisions laid down in Section 146 of the Bihar Municipal Act, 2007. Permission for display of advertisement, such as glow sign boxes and illuminated / neon-sign name boards on the business premises can be granted subject to the compliance of the conditions as mentioned below:

(a)No illuminated sign in red, amber or green colours shall be erected or maintained within a horizontal distance of 10 mtrs. of any illuminated traffic sign. All advertising signs illuminated by light other than a white light at a height of less than two storeys or 6 mt. above the footpath, whichever is higher, shall be so displayed that it does not interfere with any sign or signal of traffic control.

(b)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 for such erection, any such sign which after erection is, in the opinion of the authority, of such intense illumination as to disturb the occupants of adjacent or nearby buildings shall, on the order of the authority, be suitably altered or removed by the owner of the site concerned within such reasonable period as the authority may specify.

(c)No electric sign other than those necessary in the opinion of the authority in the interest of public amenity, health and safety, shall be operated after 11:00 p.m.

(d)No ground sign shall be erected so as to obstruct free access to or egress from any building.

(e)No projecting sign or any part of its support or framework shall project beyond the building. However, it shall not project beyond the plot line facing the street.

(f)On business premises, advertisements related to products sold or services rendered only can be permitted.

23. Advertisements for which no Permission is Required.

- The following types of advertisements, excluding illuminated advertisements and sky-signs, are not required to obtain permission from the Corporation: -

(a)Advertisements displayed within window.

(b)Advertisements relating to business of the railways and displayed within the railway premises but not fronting any street.

(c)Advertisements displayed or upon business premises with name plate relating to trade or business carried on within the premises.

(d)Advertisements displayed on or upon any premises relating to the sale or letting of the premises or of any effects therein.

24. Permission for free Advertisements.

- Under the discretionary powers of the Commissioner, under Sections 145 & 146 of the Bihar Municipal Act, 2007, permission can be granted for free display of advertisements, if the advertisement relates to religious, educational or charitable purposes and provided the institution is duly registered for the said purposes with the I.G., Registration. In case of display of advertisements by any organization of either Central or State Government or of the PMC itself, the Commissioner can use his powers under Section 146 of the BMA, 2007.Part-III Procedure For Application

25. Application for regular Advertisement permits.

(a)The applicant agency has to apply for permission in the prescribed form (Appendix-A) to the Corporation.

(b)Alongwith the application form duly filled in, the applicant has to deposit the prescribed processing fees in case of advertisements such as hoardings, balloons etc. No processing fees are required in case of application for display of advertisement on business premises.

26. Documents to be submitted with Application for Advertisement through rough hoardings, balloons etc.

- In case of application for advertisement through hoardings, balloons etc. the following documents are required to be submitted alongwith the application: -

(a)

(i)"No Objection Certificate" (NOC) from the landlord of the land building over which advertisement is proposed to be displayed.

(ii)If the land on which advertisement is to be displayed is given on lease by a public authority, viz. Corporation, Government etc., NOC from the lessor is also required.

(iii)In case of hoarding on the terrace of a building, NOC from the occupier(s) of the topmost floor is/are a must.

(b)If the NOC is from a co-operative housing society, copy of the resolution duly passed in the general body meeting, certified by the Auditor of the Society.

(c)A joint Indemnity Bond-cum-Undertaking by the agency and the owner / co-operative housing society in the prescribed format at Appendix B and Appendix C in case of Municipal leasehold property.

(d)In case of a leased out municipal land, a joint undertaking by the lessee and the agency in the prescribed format (Appendix C) to the effect that they will jointly and severally be liable to pay to the Estate Department of the Corporation, extra ground rent as laid down in this behalf.

(e)Two copies of key plans of the location in the scale of 1":2500' and Block Plan in the scale of 1":250'.

(f)Two copies of the design and colour scheme and sketch showing the exact location of the proposed site in question, including computer generated design image alongwith external lighting fixtures.

(g)Two copies of 10"x8" size photographs taken from a distance of 60 meters from the proposed site with marking of the proposed hoarding thereon.

(h)Two copies of the location plan indicating presence of any trees or any other hoarding within 50 meters of the location along the same alignment and dimensions thereof. The details of the owners, if known, may be given.

(i)NOC from the Office of Superintendent of Police (Traffic), if the advertisement is to be illuminated.

(j)NOC from the Civil Aviation Department of the Government of India, wherever necessary.

(k)The structural design / plan alongwith structural design calculations approved by a licensed structural engineer.

(l)The structural stability certificate from a Licensed Structural Engineer of the building on which the advertisement is to be erected and the structural stability certificate of the Hoarding Structure.

(m)The agency applying for the permission shall submit the Registration Certificate under the Bihar Shops & Establishment Act.

(n)The structural design / plan of the hoarding structure shall be as per the specifications for erection of hoarding enumerated at Annexure-I.

27.

Documents to be submitted with Application for Permission of Advertisement on Business Premises by way of Illuminated Glowsign, Neon-sign etc.

(a)Copy of the rent receipt of the business premises OR

Any other document regarding legal and physical possession of the premises ORCopy of the registration certificate under the Bihar Shops & Establishment Act.

(b)Sketch of the advertisement board with dimensions and details of the matter to be displayed.

28. Application for free Advertisements..

(a)The applications for free advertisement permissions should be made on the letterhead of the applicant to the Municipal Commissioner.

(b)The applicant should deposit a sum of Rs. 100/- towards processing fees and Rs. 400/- security deposit in the office of the Corporation alongwith the application.

(c)The security deposit shall be forfeited in the event of breach of any of the conditions on which the permission is granted or failure on part of the applicant to remove the banners on expiry of permission.

(d)The applicant shall arrange to remove the advertisement immediately after the function or purpose is over, which should normally not exceed ten days. On receipt of such intimation, the concerned office will arrange to refund the deposit of Rs. 400/- unless forfeited for breach of any conditions.

(e)Normally, only cloth banners having size not more than 10'x3' shall be allowed. No permission shall be allowed to display advertisements by means of wall posters.

(f)Permission for free advertisement can be granted only by the Competent Authority.

29. Application for Temporary Advertisement Permits.

(a)The application for temporary advertisement permissions such as road show, building wraps, inflatable advertisements etc. including advertisements on municipal roads / footpaths by political parties, religious / education institutions and private parties shall be made in the prescribed form (Appendix A) to the Licence Section in the Corporation office.

(b)Alongwith the application form duly filled in, the applicant has to deposit the prescribed processing fees of Rs. 1,000/-.

(c)The applicant shall arrange to remove the advertisement immediately after the function or purpose is over, which should normally not exceed one month. On receipt of such intimation, the Corporation office will arrange to refund the deposit unless forfeited for breach of any condition.

30. Fees for Advertisement permits for Hoardings.

(a)The fees are payable, as per Schedule of fees, shown at Annexure II, which can be amended from time to time, on expiry of three months from the grant of permit or actual display of advertisement, whichever is earlier. If the hoarding is not erected within three months, permission granted shall stand revoked / cancelled. However, any agency including applicant herein may apply afresh by adopting the procedure laid down in this behalf.

(b)The fees are to be paid for the whole year in advance within 10 days before expiry of the permission.

(c)If the fees are not paid within the prescribed time, a composition amount equal to 25% of the permit for delay upto three months and equal to 50% for delay upto six months will be payable. For delay beyond six months, the permit shall stand automatically revoked.

(d)It will be mandatory on the part of the agency to display a civic message or any other message as and when directed by the PMC for a period of fifteen days in a year for which no fees will be payable.

(e)If a structure is found to be erected for the purpose of display of advertisement or a hoarding is erected or advertisement displayed without valid permit, in addition to the action that may be taken against such unauthorized erection of hoarding or against the unauthorized advertisement under sections 151, 152 and 431 of the Bihar Municipal Act, 2007, such hoarding shall be liable for removal action without a notice to the agency and the agency shall be liable to pay penalty of Rs. 50,000/-.

(f)At the time of renewal of advertisement permit, the agency shall produce the permit for taking endorsement of the competent authority and shall pay the requisite fees in cash, pay order or demand draft. If payment is made by cheque, the permit will be renewed only after realization of the cheque. If the security deposit on account of preservation of trees or projection over Corporation footpath is forfeited in part or full, the shortfall caused by such forfeiture shall also be recouped before the permit is renewed if not decided for revocation.

31. Fees & Deposits for other Advertisement Permits such as Advertisement on Business Premises.

(a)On grant of permit, the agency shall be liable to pay the prescribed annual advertisement fees in advance within 10 days from the date of sanction of the permission. The agency has to deposit a sum equal to one month's advertisement fees for compliance of the terms and conditions of the permit, within ten days from the date of grant of permit. If the deposit is forfeited in part or in full for breach of any terms or conditions, the resultant shortfall in deposit shall be recouped within 15 days. Renewal of such permit shall be done in advance within 10 days before expiry of permit.

(b)In case of temporary permits such as, wraps, balloons, inflatable advertisements, road shows, display of political parties, religious / educational institutions or commercial establishments, the agency should pay fees and deposits, as decided by the Commissioner, immediately upon the grant of the said permission.

32. Duties and Responsibilities of Permit Holder Agency.

(a)The permit holder shall ensure that the structure and the advertisement boards are aesthetically designed, are framed and properly maintained at all times. Further, the hoarding structure and back side of hoarding shall be painted with dark green enamel paint.

(b)The permit holder must ensure that advertisements of obscene nature or any other offensive message are not allowed to be displayed.

(c)The agency displaying advertisement through hoardings shall display or affix his name plate of appropriate size and permit number allotted to the hoarding at the corner of the hoarding to facilitate the identification of the agency. It shall display the month and year of the expiry of the permit in numerical symbols, viz. 9/2002 for Sept. 2002 etc.

(d)It shall be the sole responsibility of the agency to whom such permission is granted under Sections 145 & 146 of the Bihar Municipal Act, 2007 to maintain, preserve and protect the existing trees upto a distance of 25 meters on Corporation footpath on either side from advertisement board.

(e)The permit holder is prohibited to display any advertisement of liquor or tobacco and tobacco related products.

33. Transfer of advertisement Permit.

- The hoarding permit can be transferred with the prior permission of the Competent Authority and on payment of transfer fees as prescribed by the Commissioner from time to time, subject to the following: -

(a)Consent in writing from the agency i.e. the holder of the permission / permit and the landowning authority / co-operative society.

(b)In case of legal transfer, death certificate of the original owner and proof of legal succession or legal heir and NOC from other legal heirs.

(c)Affidavit indemnifying the Municipal Commissioner from all other claimants.

(d)In case of transfer through sale, the sale document and indemnity bond from purchaser indemnifying Corporation from all claims.

Part - IV Procedure For Disposal of Applications

34. Scrutiny.

(a)At the time of submission of the application, a pre-scrutiny of the filled-in form and the accompanying documents would be made by the designated person who is accepting the application. If the application is found complete in all respects, then only the same shall be accepted alongwith the processing fees. Hence, applicants are advised to submit complete applications in all respects.

(b)The detailed scrutiny alongwith the site visit should be completed within 15 days by the designated officer who shall forward the report in relation to the same within the said period with his specific recommendations, which shall be examined by the Additional Commissioner, Revenue and shall be forwarded to the Commissioner alongwith his recommendation within 7 days of receipt of the same.

(c)In case of rejection of application, the applicant may prefer an appeal before the Board of the Municipal Corporation as per provisions laid down in Part-V of these Regulations.

35. Disposal of Applications.

- The Competent Authority should dispose of all applications for permission to display advertisements within a period not exceeding 2 months from the date of application.Part-V Appeals

36. Appellate Authorities.

- Appeal against the decisions taken by the Commissioner shall lie with the Board of the Municipal Corporation.

37. Procedure for Appeal.

(a)An appeal must be filed, alongwith of appeal fees of Rs. 200/-, within 30 days from the receipt of the orders of the concerned authority or cause of action, as the case may be.

(b)For sufficient cause, the Appellate Authority at its discretion may condone delay of filing appeal upto 30 days.

(c)Appellate authority will as far as possible decide the appeal within 4 weeks.

(d)The hoarding owner or license holder, during the pendency of appeal, shall not display any advertisement on the alleged hoarding.

Appendix 'A'Patna Municipal Corporation, PatnaApplication Form for permission to exhibit Advertisement under the provisions of Patna Municipal Corporation (Grant of permission for display of Advertisements & Similar Demises) Regulations, 2008

1. Name/s of Applicant: _____________________________________________

2. Name of the Agency: _____________________________________________

3. Status : Proprietary firm/company/Charitable Trust/Others

4. Address : _______________________ _ _ _______ Tel No.: Fax: _

5. Medium of advertisements applied for : Illuminated/Non Illuminated

6. Form of Advertisement: Temporary Non temporary

7. Nature of advertisement applied:

8. Are you a charitable trust/ Institutions applying for display of free banner? Yes/No

If Yes:

(a)Purpose: Academic/religious/public/awareness/health/political/others

(b)Date: From ______________ To ______________

(c)Location: Single / Multiple

If multiple

(i)No. of locations:

(ii)Description of locations:

(d)Text of the message of free banner: ___________________

(e)Indicate the category of Civic message you propose to carry:

(f)Whether photocopy of Trust Registration attached: Yes / No

9. Dimensions: In Ft./Sq. Ft. In Mtr./Sq.Mtr.

Length : __________ ____________ Width : __________ ____________ Total Area : __________ ____________ Height : __________ ____________

10. Site Location:

Name of the Road drawing visibility: Category of Road - Principal Main Road/ Main Road/ Other Road. Width of the Road: No. of hoarding located within 25 Mtr.: No of trees within 25 Mtr. On either side: Whether trees are required to cut: Yes / No

11. Name of the Landlord:

12. NOC of the Landlord Submitted: Yes / No

13. Whether documents submitted as per Part III (B)/III (C) : Yes / No

I have read carefully the approved policy guidelines of the PMC on above and have complied all the conditions. I accept that, in the event the information submitted by me is found false, I am liable for all such penal actions as prescribed under the law.Date:Signature of the ApplicantDesignation:_____________________________Cut here_________________________________For Office use onlyWhether the application is complete as per part IV of the Guidelines? Yes / NoIf yes, state:

(a)Registration No. : ________________________________

(b)Processing Fee : ________________________________

(c)Deposit : ________________________________

(d)Date of receipt of application : ________________________________

(e)Call Date : ________________________________

Signature of the Authorised OfficerAppendix 'B'Indemnity Bond-Cum-UndertakingOn Rs. 200/- Stamp PaperTo,The CommissionerPatna Municipal Corporation.Subject: Grant of permission for advertisement at __________ ____________________________________________________________________ ____________________________________________________________________I, Shri/Smt./Messrs _______________________________________________ Age ________, the owner of the property situated at ___________________ __________________________ [Or in the case of society]We, Shri/Smt. [1] ______________________ [2] ______________________ [3] ____________________ [4] ____________________ of the Management Committee of M/s __________________________________________ Co-operative Society [hereinafter called as 'the owner'][Or in case of trust][2] I, Shri/Smt. _______________________________________________________ Proprietor/Partner/Director of the firm M/s __________________________________ having its registered office at _____________________________________________ and residing at _______________________________________________________ [hereinafter called as "the Advertiser"];Whereas the Advertiser has made application to Patna Municipal Corporation for a permission for display of advertisement under section 146 of the B.M.A. Act, 2007.And Whereas the owner has permitted the Advertiser to erect a hoarding and display advertisement in their property situated at _____________________________ _____________________________________________________________________ _____________________________________________________________________And Whereas the Advertiser has applied to the Corporation for permission for display of advertisement at ______________________________________________ ____________________________________________________________________[location] and we the owner and Advertiser are required in terms of the laid down policy in this behalf to give joint undertaking;_____________________________________________________________________The owner and the Advertiser do hereby agree and undertake as under

1. The owner and the advertiser hereby expressly agree and undertake to abide by the regulation an guidelines framed by the Patna Municipal Corporation for grant of permission for advertisement.

2. The owner and the Advertiser hereby undertake that the erection of the hoarding and display of advertisement will not adverted affect or cause any obstruction to the air, light and ventilation of the building belonging to the owners or to the neighboring building and/or premises.

3. The owner/society hereby confirm that the General Body has passed a resolution permitting the Advertiser to erect the hoarding and display advertisement in the society premises by passed resolution in the General Body meeting held on _____________, the copy of the resolution, thereof, has been certified by the Auditor of the Society.

4. The owner and Advertiser undertake to approach the appropriate Appellate Authority prescribed in the guidelines for redressing the grievances. The owner and the Advertiser further agree that the decision of the Appellate authority as prescribed in the guideline shall be final and binding upon them.

5. The owner and the Advertiser hereby further agree and undertake that they shall and will, at all times hereinafter, save and keep harmless and indemnify the Patna Municipal Corporation and the Municipal Commissioner or either of them from and against all actions, acts, suits, cost claims, damages, demands of any nature and kind whatsoever which may be instituted, claimed or made against the Municipal Corporation or the Municipal Commissioner or either of them by any person or persons by reason of the Municipal Commissioner granting permission for display of advertisement in the premises.

6. We further agree and undertake that the Municipal Corporation / Municipal Commissioner shall not be responsible in respect of any litigation that may arise between the advertiser and the owner or with any other person or persons in this connection.

7. We further indemnify the Municipal Corporation / Municipal Commissioner for (i) structural stability of the building over which hoarding is proposed to be erected and also the structural stability of the structure of hoarding; (ii) aesthetic view; (iii) safety of trees within the distance of 25 mtrs. in front of proposed hoarding.

8. This Undertaking is binding upon us, our heirs, Executors, Administrator, Successor/

Successors and assignees.Dated this __________________ day of _________________ 20Yours faithfully[ ][ ]Witness:

1.

] ______________________________

2.

] ______________________________Appendix 'C'Undertaking On Rs. 200/- Stamp PaperTo,The CommissionerPatna Municipal Corporation.Subject: Grant of permission for advertisement at ___________ _____________________________________________________________________ _____________________________________________________________________I, Shri/Smt./Messrs _______________________________________________ Age _____________, the owner of the property situated at __________________ _______________________________________________ [Or in the case of society]We, Shri/Smt. [1] ________________________ [2] _____________________ [3] _____________________ [4] _____________________ of the Management Committee of M/s ____________________________________ Co-operative Society [hereinafter called as 'the owner'][Or in case of trust][2] I, Shri/Smt. _______________________________________________________ Proprietor/Partner/Director of the firm M/s __________________________________ having its registered office at _____________________________________________ and residing at ________________________________________________________ [hereinafter called as "the Advertiser"];Whereas the Advertiser has made application to Patna Municipal Corporation for a permission for display of advertisement under section 146 of the B.M.A. Act, 2007.And Whereas the owner has permitted the Advertiser to erect a hoarding and display advertisement in their property situated at _____________________________ _____________________________________________________________________ _____________________________________________________________________And Whereas the Advertiser has applied to the Corporation for permission for display of advertisement at ______________________________________________ _____________________________________________________________________[location] and we the owner and Advertiser are required in terms of the laid down policy in this behalf to give joint undertaking; _____________________________________________________________________The owner and the Advertiser do hereby agree and undertake as under:

1. The owner hereby confirms that the land on which advertisement is be displayed is leased out Municipal land bearing C.T.S. No. ____________ situated at _ The owner and the Advertiser hereby further confirm that the amount of annual consideration for granting permission by the owner to eh Advertiser for erection of hoarding and display of advertisement is Rs. ____________ (Rupees) and the true and correct amount actually paid by the Advertiser to the society had been disclosed in the application for permission for advertisement. The owner and the Advertiser hereby jointly and severally further agree and undertake to pay extra annual ground rent equal to 50% of the net annual compensation received as described above or calculated at the rate of 15% of the current market value of the land on the notional land area equal to the surface area of the hoarding board or boards, or 50% of the amount arrived at on the basis of actual realization on a proportionate surface area basis obtained by P.M.C. from any hoarding though public auction on the same road or corridor, whichever of the three is the highest.

2. The owner / society hereby confirm that the General Body has passed a resolution permitting the Advertiser to erect the hoarding and display advertisement in the society premises by passed resolution in the General Body meeting held on _____________________, the copy of the resolution, thereof, has been certified by the Auditor of the Society.

3. This undertaking is binding upon us, our heirs, Executors, Administrators, Successor/Successors and assignees.

Dated this __________________ day of _________________ 20Yours faithfully[ ][ ]Witness :

1.

)_________________

2.

)__________________Annexure-ISpecifications For Erection of Hordings

1.0Introduction. - This annexure provides specifications and details relating to the erection of hoardings under PMC's jurisdiction.

2.0General. - 2.1 The hoarding should be maintained properly by providing the painting time to time to prevent corrosion. All joints should be checked periodically to ensure its safety.

2.2The display of the PMC's permission number and name of the advertising company shall mandatorily be displayed in bold types New Roman font. These letters should be 6" high in while colour on black background.

2.3The erection of the hoarding should be done by machineries (erecting equipments) wherever necessary and all the precautionary measures will be taken to prevent any accident.

2.4The agency shall take all necessary precautions to prevent nuisance or inconvenience to vehicular and pedestrian traffic movement due to erection of the hoarding.

3.0Location. - 3.1 The location of the hoarding shall not be within 25 mtrs. from the edge of a junction or circle.

3.2Whenever it is erected near/ on footpath, the hoarding should have an angle between upto 30 degrees with respect to the centerline of the road.

4.0Height Limitations and Size of The Hoarding Board. - 4.1 The top of the hoarding board of unipole, bipole and hoarding on the rooftop should not be more than 75 feets from the center of the respective roads.

5.0Prevention Nuisance And Pollution. - 5.1 The agency shall take necessary precautions to prevent any nuisance or inconveniences to the owners, tenants or occupants of adjacent properties and to the public in general and to prevent any damage to such properties and any pollution of stream and waterways.

5.2He shall make good at his cost and to the satisfaction of the MCGM, any damage to roads, paths, cross drainage works or public or private property whatsoever caused during the execution of the work.

5.3No hoarding shall obstruct any doors and / or windows of the building near or on which it is erected or that of the adjoining property.

5.4All waste or superfluous materials shall be cleared away by the agency.

6.0Structural Specification. - 6.1.1 All structured steel rolled sections and plates shall conform to BIS 226-1975 and BIS 7062-1980.

6.1.2Structural design shall conform to BIS 800-1984.

6.1.3Structure shall be designed for wind load of 33m/sec. as per BIS 875 Part II.

6.1.4R.C.C. foundation shall be provided based on soil condition and depth of foundation shall not be less than 1500 mm and shall be as per BIS 456.

6.1.5Design calculations shall be submitted along with working drawing from a practicing structural engineer, registered with MCGM.

6.2Hoarding on ground

6.2.1Unipole:

FoundationUnipole shall be founded on RC footing and pedestal.StanchionSingle circular stanchion of 450 mm diameter made up of 2mm thickMS Sheets.BoardThe board shall be made of MS box SHR section.SheetingSheeting shall be 18 SWG thick GI sheets supported on MS angles.Refer typical structural details of plate No. 6.

6.2.2Bipole:

FoundationBipole shall be founded on RC footing and pedestal.StanchionThe stanchion shall be made up of ISMB 250 @ 75 Kg/m.BoardThe board shall be made of MS box SHR section.SheetingSheeting shall be 18 SWG thick GI sheets supported on MS angles.Refer typical structural details of plate No. 7.

6.3Hording on roof top. - Shall be erected only on RC framed structure.Stability Certificate for the foundation and the building shall be furnished from the practicing structural engineer, registered with MCGM.The base of the hoarding shall be supported only on RC columns with suitable RC beam frames.The board shall be made of MS box SHR section.Sheeting shall be 18 SWG thick GI sheets supported on MS angles.

7.0Electrification. - 7.1 Whenever the illumination is to be provided, the necessary approval from the concerned authorities. BSEB should be taken and necessary safety measures (to prevent accidents) have to be taken.

7.2The illumination arrangement should not cause disturbance to traffic passing near or underneath the hoarding/gantry / foot bridge/ over bridge, as the case may be. Illumination of hoardings in residential areas shall be switched off manually or electronically at a reasonably hour at night, which is defined by Brihanmumbai Mahanager Palika.

7.3All electrical components shall confirm to BIS.

7.4Underground cable should be 16 Sq. mm. 2 core.

7.5Meter box, ELCB, MCB, Fuse Cutout, Timer Contractor and Locking Arrangement should be as per requirement of BESCOM.

7.6Illumination: 2 Nos. 400 Watt metal halide light fixtures.

7.7Earthing 1.8 m deep below the ground using GI Pipe, Funnel, Charcoal Salt, Brick Masonry work, etc. as per requirement of BESCOMAnnexure-II

of fees for advertisement permits issued under section 146 of Bihar Municipal Act, 2007 for Advertisement other than Business Premises

(Resolution No. .............. dated............ of Patna Municipal Corporation Board)

Sl. No.	Description	Scale of license fees	Rates of fees in Rs. (Per Annum)	Rates of fees in Rs. (Per Annum)
Zone-1 (P.M.R.)	Zone-2 (M.R.)	Zone-3 (Other)
1.	(a) Illuminated Advertisement on hoardings ofboard/ wall paintings of balloon or in the form of sky sign andilluminated hoardings of boards on vehicle	Per Sq.ft./ Year	120	60	30	--
(b) Illuminated advertisement by means ofcomputerized coloured/multi coloured graphic tricycle movingelectronic display system	Per Sq.ft./ Year	180	90	40
(c) For display of pictorial advertisement	1/6 of admissible illuminated advertisement fees
(d) Non-illuminated advertisement on hoardingsof board/wall paintings of balloon of in the form sky sign andnonilluminated hoardings of boards on vehicle.	Per Sq.ft./ Year	50	25	10
(e) advertisement fixed or suspended in streetsand of footpath (such as cloth banners etc.) (Nonilluminated)(Per Month)	Per Sq.ft./ Year	40	20	10
2.	Advertisement on Auto Rickshaws & Taxies	Auto Rickshaw/ Taxes/ or Buses (moving Vehicles)
(i) For illuminated Advertisement boards	--	--	--	--	120
(ii) For non-illuminated advertisement boards	--	--	--	--	60
3.	Temporary advertisement permit issued forcommercial purpose.	--	--	--	--	150% of monthly normal
Ground Rent ForHoardings On Municipal Properties
4.	Ground Rent for hoardings on Municipal footpath.(Only projection)	--	--	--	--	--
(A)	(1) Projected advertisement boards upto 3 fts.(running foot) on Municipal footpath.	--	--	--	--	5000
2) More than 3 fts.& upto 5 fts.	--	--	--	--	8000
3) More than 5 fts.& upto 7.5 fts.	--	--	--	--	12000
(B)	(1) for the portion 1 ft. width & 20 fts.length projected parallel on Municipal footpath.	--	--	--	--	6000
(2) For the portion 1 ft. width & lengthmore than 20 fts upto 40 fts.	--	--	--	--	12000
(3) For the portion 1 ft. & 2.5 fts. width &upto 20 fts. length	--	--	--	--	10000
(4) For the portion 1 ft. & 2.5 fts. width &length more than 20 fts. & upto 40 fts	--	--	--	--	20000
5.	Space rent/ground rent in addition toadvertisement fees for banners except Kiosks, Bus Queue Sheltersetc. Per every running meter or part thereof	--	--	--	80
6.	Clubbing of Advertisement Board
(A) Clubbing of advertisement board of approvedupto the standard size 1200 sq. fts.	--	--	--	--	3000
(B) From 1200 sq. fts. to 1600 sq. fts. approvedstandard size	--	--	--	--	15000
(C) Above 1600 sq. fts. for each additional 100sq. fts. or part thereof	--	--	--	--	3000
7.	The Service Charges for the extension periodupto the 3 months.	--	--	--	--	1000
8.	Transfer of advertisement permit.
1. Transfer to legal heirs.	--	--	--	--	--
(a) Transfer to legal heirs.	--	--	--	--	5000
Transfer to other than legal heirs subject toproduction of on objection certificate form landlords	--	--	--	--	25000
9.	Conversion of non standard advertisement boardinto standard size advertisement board.	For continuation of the odd size of the hoardingson the ground & terrace the permit holder has to payadvertisement fees for the nearest standard size of the existinghoarding for example hoardings of size 16'X8' or 12'X10' theapplicant has to pay the fees standard size next i.e.10'X20'	--	--	--	--
10.	Processing application fees	--	--	--	--	500

Group 'B' Advertisement on Business Premises

1.	Non illuminated advertisements forming sky signs	i) for space per sq. mt.	240 Per Annum
2.	For Illuminated name boards sky sings, glowSigns & Neon Sign illuminated show cases, showrooms etc.	i) For space per sq. mt.	720 Per Annum
3.	Transfer of permits.
(a) To legal heirs.			Rs. 100/-
(b) To other than legal heirs,			Rs. 1000/-

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