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State of Gujarat - Section

Section 245 in The Gujarat Provincial Municipal Corporations Act, 1949

245. [ Regulation and control of advertisements. [Section 245 was substituted for the original by Gujarat 19 of 1964, section 10 (w.e.f. 15-06-1964).]

(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