Section 137A in New Town, Kolkata Development Authority Act, 2007
137A. [ Prohibition of advertisements without written permission of the Development Authority. [Inserted by West Bengal Act No. 10 of 2010, dated 27.5.2010.]
(1)No person shall erect, exhibit, fix or retain upon or over any land, building, wall, hoarding, frame, post, kiosk or structure any advertisement, or display any advertisement to public view in any manner whatsoever, visible from a public street or public place (including any advertisement exhibited by means of cinematograph), in any place within the area of New Town Kolkata as described in the Schedule I of the Act,, without the written permission of the Development Authority:Provided that the permission under this sub-section shall be accorded subject to the submission of written consent, in original, of the owner or the authority of land, building, wall, hoarding, frame, post, kiosk or structure, if the same is not owned by the applicant, upon or over which the advertisement has been proposed to be erected, exhibited, fixed or retained, by the person intending to erect, exhibit, fix or retain any advertisement, or display any advertisement to public view:Provided further that application for permission under this sub-section shall accompany a declaration by the advertiser stipulating a time-frame within which the advertisement shall be erased, removed or taken down:Provided also that the application for permission shall also accompany a security deposit of such amount, as may be determined by the Development Authority by order, which shall, if the advertisement is not erased, removed or taken down by the advertiser within seven days after the expiry of the time-frame for erasure, removal or taken down of such advertisement as mentioned in the declaration, be deemed to have been forfeited and the money, as forfeited, shall be used by the Development Authority for erasure, removal or taken down of the advertisement:Provided also that when the advertisement is erased, removed or taken down withinseven days after the expiry of the time-frame in the declaration, the security deposit shall forthwith be refunded.(2)The Development Authority shall not grant such permission if-(a)a licence for the use of the particular site for purpose of advertisement has not been taken out; or(b)the advertisement contravenes any provisions of this Act or the rules or the regulations made thereunder, or any other Act or rule made thereunder for the purpose of advertisement.(3)No person shall broadcast any advertisement, except on All India Radio or Doordarshan, without the written permission of the Development Authority.(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 of the property be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post, kiosk or structure, or displayed to public view in any manner whatsoever.Provided that no permission of the Development Authority shall be required for erecting, exhibiting, retaining upon or over any land, building, wall, hoarding, frame, post, kiosk or structure 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 of 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 the 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 any 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 registered non-Government organization, but shall not include the displaying 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 centre, commercial school, commercial college, or 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 organisation" include any registered trade union, organized workers organization, teachers organization, youth organization, women organization, peasants organization, students organization, pensioners' organization, unorganized 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.(5)Whoever contravenes the provisions of sub-section (4) shall be guilty of an offence and shall, on conviction, be punished with imprisonment for a term which may extend to six months and with fine not exceeding fifty thousand rupees:Provided that if such contravention is made for the benefit of any political party, or any mass organisation, or an Independent candidate, then such other person and every president, chairman, director, partner, manager, secretary, agent or any other person, who was in charge of, and was responsible to such political party or mass organisation or independent candidate, shall also be deemed to be guilty of the offence and shall be liable to be proceeded and punished accordingly;Provided further that nothing contained in this sub-section shall render such other person, president, chairman, director, partner, manager, secretary, agent or any other person who was in charge of, and was responsible to, such political party, mass organisation or independent candidate liable to any punishment under this sub-section, if he proves that the offence was committed without his knowledge or that he had exercised due diligence during the commission of such offence.
