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Bombay Presidency - Section

Section 244 in The Bombay Provincial Municipal Corporations Act, 1949

244. Regulations as to sky-signs. - (1) No person shall, without the written permission of the Commissioner, erect, fix or retain any sky-sign of the kind prescribed by rules whether existing on the appointed day or not. Such written permission [may be granted or renewed for a period not exceeding two years] from the date of each such permission or renewal, subject to the condition that such permission shall be deemed to be void if,-

(a)any addition is made to the sky-sign except for the purpose of making it secure under the direction of the City Engineer;(b)any change is made in the sky-sign, or any part thereof;(c)the sky-sign or any part thereof fall either through accident, decay or any other cause;(d)any addition or alteration is made to, or in, the building or structure upon or over which the sky-sign is erected, fixed or retained, involving the disturbance of the sky-sign or any part thereof;(e)the building or structure upon or over which the sky-sign is erected, fixed or retained becomes unoccupied or be demolished or destroyed.
(2)Where any sky-sign shall be erected, fixed or retained after the appointed day 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 this 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 this 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.[245. Regulation and control of advertisements. - (1)No person shall, without the written permission of the Commissioner, erect, exhibit, fix or retain any advertisement upon such land, building wall, hoarding or structure:Provided always that such permission shall not be necessary in respect of any advertisement which is not illuminated advertisement or a sly-sign and which-
(a)is exhibited within the window of any building, or
(b)relates to the trade or business carried on within the land or building upon which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein, or to any sale, entertainment or meeting to be held upon or in the same or to the trade or business carried on by the owner of any omnibus or other vehicle upon which such advertisement is exhibited, or;
(c)relates to the business of any railway company or;
(d)is exhibited within any railway station or upon any wall or property of a Railway administration not fronting any streets.
(2)Where any advertisement shall be erected, exhibited, fixed or retained after three months from the enactment of this section upon any land, building wall, hoarding or structure in contravention of the provisions of sub-section (1) the owner or person in occupation of such land, building, wall, hoarding or structure shall be deemed to be the person who has erected, exhibited, fixed or retained such advertisement in contravention of the provisions of this 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 advertisement, be erected, exhibited, fixed or retained contrary to the provisions of this section or after the expiry of the permission granted under sub-section (1) the Commissioner may, by notice in writing, require the owner or occupier of the land, building, wall, hoarding or structure upon which the advertisement has been erected, exhibited, fixed or retained, to take down or remove the advertisement.
(4)
(a)The words "structure" in this section shall include an omnibus and any vehicle or moveable board used primarily as an advertisement or an advertising medium; and
(b)The expression "illuminate advertisement" in this section shall not include an illuminated display of goods, if such display,-
(i)is of goods merely bearing labels showing the name of the article or of its manufacturer or of both, and
(ii)is made by lighting which is not, in the opinion of the Commissioner, more than is necessary to make the goods and labels visible at night.]
Dangerous Place and Places where some work Affecting human Safety or Convenience is Carried On