QL 06021930
QL 06021930
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11. Review of decision taken regarding grant / reject of permit on
technical grounds will be done at DMC (Special) level. This will
reduce a lot of delay on account of appeals.
12. The policy for grant of permission for display of banner has been
incorporated in this Policy. The present Policy Guidelines
supersede all previous circulars issued in respect of display of
banners.
13. Photographs of all types of advertisement boards, hoardings, etc.
are inserted in order to understand the concept properly.
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PART I
___________________________________________________________________________
1. G E N E R A L
1.1 TITLE
These guidelines shall be known as “Policy Guidelines for Display of
Advertisements 2018”.
1.2 JURISDICTION
These guidelines fall within the ambit of The Mumbai Municipal Corporation
Act, 1888 and all other related Acts, Rules and Regulations. Hence, these
guidelines are to be read in conjunction with such Acts and associated
Rules, Regulations and Guidelines.
1.3 DATE OF EFFECT
These policy guidelines shall come into effect from the date of issue.
1.4 SUPERSESSION OF PREVIOUS POLICY AND CIRCULARS
These guidelines supersede the previous guidelines and circulars issued in
this regard.
1.5 NO LEGITIMISATION OF STRUCTURE ON WHICH PERMIT IS
GRANTED
Permissions / Permits granted under section 328 and 328 A of MMC Act
1888 will not automatically legitimise or regularise the structure upon
which the permission for advertisement is granted.
1.6 INTERPRETATION OF POLICY GUIDELINE
In case of dispute in the matter of interpretation of the Policy Guidelines, the
decision of the Municipal Commissioner or any officer authorised by the
Municipal Commissioner shall be final and binding.
1.7 ADVERTISEMENT FEE SCHEDULE
Advertiser / agency shall pay the advertisement fees as per Appendix ‘D’.
1.8 DEFINITIONS
(1) 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, sky sign, placard, etc. for the purpose of
commercial exploitation or for publicity. However any display in the
form of graffiti and civic messages published by the MCGM or any
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government authorities for the benefit of the citizens shall not be
considered as an advertisement.
(2) ADVERTISEMENT ON BALLOONS means advertisement on hot air
balloons which are filled with gas and floats in the air.
(3) ADVERTISEMENT ON VEHICLE (MOVABLE) means single or
double sided advertisement board affixed by means of sticker on
side panel or behind a vehicle in a manner that the advertisements
draw visibility while the vehicle is driven on the road.
(4) ADVERTISEMENT ON VEHICLE (PARKED) means a single or
double sided board panel or panels mounted on sides or behind a
vehicle in a manner that can draw visibility when the vehicle is
parked at strategic locations.
(5) AGENCY means an applicant who may be an individual, registered
charitable organization, firm, partnership or a company
incorporated under the Companies Act, 1956.
(6) BANNER means cloth or any other material, which contains some
advertisement or announcement or written matter for display in
public place.
(7) BUILDING means a house, out house, stable, shed, hut, tank,
(except tank for storage of drinking water in a building or part of
building) and every other such structure, whether of masonry,
bricks, wood, mud, metal or any other material what-so-ever.
(8) BUS SHELTER ADVERTISEMENT means an advertisement
displayed on the structure of a bus shelter. It does not include
cantilever, lollipop etc.
(9) BUILDING WRAP ADVERTISEMENT means an advertisement
displayed on the scaffolding of a building under construction or
repair
(10) COMMISSIONER means Municipal Commissioner of the Municipal
Corporation of Greater Mumbai and includes Additional Municipal
Commissioner.
(11) COMPETENT AUTHORITY means Commissioner or any officer of
the Municipal Corporation duly authorized by the Municipal
Commissioner.
(12) CORPORATION means the Municipal Corporation of Greater
Mumbai.
(13) DIRECTION BOARDS means any surface of structure erected on
ground or any portion of roof of a building or on or above the
parapet / wall of any structure which indicate a direction to a road,
building, park or any site and boards put up by private and
commercial establishments to indicate direction to their offices or
commercial outlets, etc. Direction Boards set up by Government or
semi-government authorities will not require any kind of
permission.
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(14) ELECTRONIC DISPLAY means electronically operated
advertisement display fixed on a structure.
(15) GANTRY ADVERTISEMENT means advertisement affixed on a
gantry erected across a road and usually fabricated from metal
section pillars fixed on either side of a road with a beam shaped
section connecting the top of the pillars across the road with
advertisement on the face opposite to the direction of traffic.
(16) GLASS FACADE ADVERTISEMENT means any advertisement
which is affixed or pasted to the glass facade of any building.
(17) GLOW SIGN BOX ADVERTISEMENT means an advertisement
displayed on a transparent or translucent sheet of any material
mounted on a metal sheet box, illuminated from behind using
electrical lamps.
(18) GROUND RENT means rent paid under the terms of a lease /
tenancy by the occupier of building / land to the owner of land on
which it is used for any purpose by the occupant.
(19) HOARDING means any structure erected on ground or on dead
wall with characters, letters 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.
(20) KIOSK means a small structure in a public area used for providing
information or displaying advertisements, often incorporating an
interactive display screen or screens.
(21) LAND means land which is being built upon or is built upon or
covered with water, benefits to arise out of land, things attached to
the earth or permanently fastened to anything attached to the
earth and rights created by legislative enactment over any street.
(22) LASER ADVERTISEMENT means advertisement displayed on
surface of the premises / screen by using laser projector.
(23) LICENSE is permission, accorded by a competent authority,
conferring the right to do some act which without such
authorization would be illegal, or would be a trespass or a tort.
(24) LICENSE FEES refers to an amount of money paid by an individual
or business to a government agency for the privilege of performing
a certain service or engaging in a certain line of business.
(25) LOLLY POP means round / square piece of advertisement board at
the end of the pole erected from ground.
(26) OWNER, when used in reference to any premises, means the
person who receives the rent of said premises or who would be
entitled to receive the rent there of, if the premises were let and
include:
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a) Agent or trustee who receive such rent on account of owner
and
b) Agent or trustee who receive such rent on account of or is
entrusted with or concerned for, any premises devoted to
religious or charitable purpose; and
c) A receiver, sequester, or manager appointed by any court of
competent Jurisdiction to have the charge of, or to exercise
the rights of an owner of the said premises.
d) In case of Co-operative society a General Body of the society.
(27) PERMIT means written permission of the Municipal Commissioner
to erect, fix or retain any sky sign.
(28) PREMISES means messages, buildings and lands of any tenure;
whether open or enclosed, whether built on or not and whether
public or private.
(29) PRESCRIBED APPLICATION FORM means a format prescribed by
the Commissioner at Appendix - A on which an application for
permission to erect and display of any advertisement is to be made
to the Corporation.
(30) PRIVATE STREET means a street which is not a Public Street.
(31) PUBLIC STREET means any street heretofore levelled, paved,
metalled, channelled, severed or repaired by the Corporation or any
street which became Public Street under any of the provision of the
MMC Act 1888 or which vests in the Corporation as Public Street.
(32) SCROLLER DISPLAY ADVERTISEMENT means a box type display
with rollers for scrolling a display of looped printed sheet which
displays advertisements.
(33) SEAWARD SIDE means the direction or side away from land and
toward the open sea.
(34) SHOW CASE ADVERTISEMENT means a case covered from three
sided and visible from any street, used for display of
advertisements.
(35) STOP-LINE means the line at which the traffic must stop before
crossing the junction at signal intersection. Usually this is a solid
line painted parallel to the Zebra Crossing.
(36) SKY-SIGN means any word, letter, model, sign, device or
representation in the nature of an advertisement, announcement
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, is
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
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directions 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 adopted or
used only 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 does not measure more than three feet in height 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 placed 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.
d) Any notice of land or building to be sold, or let, placed upon
such land or buildings.
(37) TAX means a compulsory contribution to the government levied on
persons, income, commodities, transaction, etc.
(38) TEMPORARY ARCHES mean temporary structures erected across
the road for greeting of personalities or for display of
advertisement.
(39) TRAFFIC ISLAND means a traffic island which is a solid or painted
object on a road that channels traffic. It can also be a narrow strip
of island between roads that intersect at an acute angle.
(40) TRI-VISION ADVERTISEMENT (or 'Tri-Ads') means an
advertisement hoarding / board that use 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.
(41) VEHICLE shall include automotor cars, and every wheeled
conveyance which is used or capable of being used on a public
street.
(42) WALL PAINTING ADVERTISEMENT means an advertisement
displayed by painting it directly on the wall or structure of a
building or any civil structure.
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1.8 TYPES OF ADVERTISEMENTS FOR WHICH PERMISSION IS NOT
REQUIRED.
1. The following types of advertisements, excluding illuminated
advertisements and sky-signs, are not required to obtain permission from
Corporation:-
a) Non-illuminated advertisement relating to trade, profession or
business carried in that premises can be permitted within the
window of that premises, which shall not obstruct light and
ventilation of the premises.
b) Advertisement relating to business of the railways and displayed
within the railway premises but not fronting any street.
c) Non–illuminated Advertisements displayed on or upon business
premises relating to trade or business carried on within the
premises.
d) Non–illuminated Advertisements displayed on or upon any
premises relating to the sale or letting of the premises or of any
effects therein.
e) Non–illuminated Advertisement relating to the name of the land
or building or to the name of the owner or occupier of such land
or a building upon which is exhibited / displayed if it does not
form a sky sign.
(2) DISPLAY OF ILLUMINATED / NON-ILLUMINATED ADVERTISEMENT
PUBLISHED BY MCGM OR GOVERNMENT AUTHORITIES
a) Display of Graffiti on the walls of any building which is purely
artistic and does not contain any advertisement
b) Civic message, signage, name board erected on the land or
building for the benefit of citizens at large is not required to
obtain permission from corporation.
(3) ADVERTISEMENTS ON OTHER MEDIA
a) Advertisements published in newspaper, magazine, print media,
etc.
b) Advertisements broadcast on radio, television and other
electronic media
c) Advertisement on social media
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PART II
2. ADVERTISEMENTS ON BUSINESS PREMISES
No agency, without the permission in writing from the Competent Authority, shall
erect, exhibit, fix or retain any advertisement by means of neon signs, glow signs,
illuminated name boards, electronic displays, digital advertisement, back lit
advertisements or any type of illuminated signages / advertisement and any
advertisement forming sky-sign on business premises such as shops, show rooms,
offices, petrol pumps, cinema theatres, malls, commercial institutions / buildings,
upon any land, wall, etc.
The norms guiding the grant of permission will be as detailed in this section. An
agency displaying advertisement / sky sign or advertisement, without seeking
permission of the Competent Authority and in contravention of these guidelines, will
be committing offence punishable under section 328 / 328A read with 471 of the
MMC Act, 1888.
Business premises having the permanent structure where the advertisement board
relating to trade/ profession/ services rendered in the establishment can be permitted
/ regularised on his business premises, its include ground and upper floors.
The advertisement board permitted on Business Premises shall not project beyond
the building line where the establishment exists as well as on the premises of the
adjacent establishments.
a) Sky-sign.
b) Advertisement Board (Name / Direction / Standy / Emblem / Scroller, etc.)
c) Advertisement on Mall / Within Mall including vehicle – Moving / Parked /
Digital Advertisement (Including LED/ LCD/ Computerised coloured/Multi
coloured/ Graphic Display)
d) Illuminated Board (Glow Sign/ Neon Sign)
e) Show Cases which is use for display of advertisement by any means which
covered from three sided and visible from any street (Illuminated)
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f) Advertisement on Glass Façade.
g) Advertisement by Laser Projector.
h) Wall painting / Wrap on Dead Walls
a) The Applicant / Agency has to apply for permission in the prescribed form as
annexed at “Appendix-A” with MCGM, addressed to the ward in whose
jurisdiction the advertisement is proposed to be displayed.
b) Applicant / Agency shall pay Rs. 500/- as processing fees.
c) The Applicant / Agency shall submit self-attested documents along with the
application at the time of grant of permission. However original documents shall
be submitted for verification as and when demanded by M.C.G.M.
a) In case of grant of fresh permission, the Agency / Applicant shall make the
payment within the period of 30 days on receipt of M.C.G.M's. Demand Letter
by Applicant / Agency.
b) In case Agency / Applicant has not made the payment as stated in above (a) then
delay beyond the period of 30 days, composition charges equivalent to 10
percent of the proportionate monthly advertisement fees will be levied.
c) In the event Applicant / Agency failed to make the payment within a period of
90 days from receipt of demand letter by the Applicant / Agency, the application
for grant of permission shall be treated as cancelled and action will be initiated
as per provision of MMC Act 1888.
d) On grant of permission, Applicant / Agency shall liable to pay the one year
advertisement fees in advance as per schedule along with security deposit equal
to one month's advertisement fees for faithful compliance of the terms and
conditions of the permission / permit.
e) If the deposit is forfeited for breach of any terms and conditions, the resultant
shortfall in deposit shall be recouped within 30 days from the receipt of
M.C.G.M's. demand letter.
f) It will be the responsibility of the permit holder, to renew the permit before its
expiry date. In case if the permit is not renewed before the date of its expiry,
composition charges equivalent to 10% of the proportionate monthly
advertisement fee for month of delay is liable for payment. If payment is not
made within the period of three months the permit shall ceased and outstanding
amount of advertisement fee will be adjusted by forfeiting the security deposit
and subsequently permit shall be cancelled and action will be initiated as per
MMC Act 1888.
g) If Agency intends to restore the ceased / cancelled permit as stated at Sr. No (f)
above, it can be restored on payment of advertisement fee from the date of
expiry of the permit along with composition at the rate of 10% on proportionate
monthly advertisement fee for total months of delay and security deposit equal to
one month's advertisement fee.
h) If advertisement is found displayed without prior permission of Municipal
Commissioner / Competent Authority of MCGM and thereafter if agency come
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forward to obtain the permission for advertisement, then regularisation charges
equal to six month advertisement fee shall be recovered in addition to schedule
fees as stated above at Sr. No.(d). (Permit shall be granted from the date of first
detection of display / actual display of advertisement board).
i) In the event, if Sunday or Public Holiday falls on first date of the month thereby
advertiser / agency could not pay the advertisement fee and subsequently paid
the advertisement fee then no composition shall be charged on advertisement fee.
a) The permit holder shall ensure that the structure and the advertisement board are
aesthetically designed, framed and properly maintained at all times.
b) The permit holder shall ensure that advertisements of obscene (as defined in
IPC) nature or any other offensive message or in contravention of the provisions
of section 328 / 328A of the MMC Act 1888 shall not be displayed.
c) The permit holder shall abide the terms and conditions stipulated in the
permission letter.
d) In case of any accident, Advertiser shall be solely liable against all actions / suits
/ claims / damages and demand of any nature.
Agency / Applicant shall submit structural stability certificate from the registered
structural engineer along with the application if they intend to erect, exhibit, fix,
retain or display the advertisement board more than 500 sq. ft. or if it is forming a
sky-sign above 100 sq. ft.
2.8 SCRUTINY
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i. Upon receipt of Application for grant of permission to display of
advertisement board having size up to 200 sq. ft. such application
shall be assigned by Sr. Inspector (Licence) to concerned Inspector.
ii. Concerned Inspector shall visit the site and scrutinize the proposal
so received strictly as per prevailing guidelines and shall submit to
Sr. Inspector (Licence) with specific recommendation either
positively or negatively for approval within 5 working days.
iii. Upon receipt of application, Sr. Inspector (Licence) of ward shall
either grant or reject the permission within 5 working days.
c) For grant of permission for display of advertisement board size above 200 sq. ft.
The advertisement permit can be transferred with the prior permission of Competent
Authority and on payment of transfer fees, as prescribed by the Commissioner from
time to time, subject to the submission of following:-
a) Consent in writing from the Agency i.e. the holder of the permission / permit and
the land owning authority / Co-operative society.
b) In case of transfer of permit to legal hair, death certificate of the original permit
holder, proof of legal succession or legal heir and Indemnity Bond from other
legal heirs indemnifying the Municipal Commissioner from all other claims /
disputes.
c) In case of transfer through sale, the sale document and Indemnity Bond from
purchaser indemnifying corporation from all claims and disputes.
d) Permit holder shall pay the Transfer fee equal to one month advertisement fee.
e) In case of Change in Constitutions documents such as indemnity bond and
resolution or agreement.
The Appeal application for the decision taken on grant / reject / revocation of permit
for display of advertisement on Business Premises shall be dealt as under:-
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a) Appeal lies with Asst. Commissioner of the ward, if the application for grant of
permission is rejected or permit granted is cancelled / revoked by Sr. Inspector
(Licence) of the ward.
b) Appeal lies with Deputy Municipal Commissioner, in-charge of Licence
Department in case application for grant of permission is rejected or permit
cancelled / revoked by Asst. Commissioner of the ward.
c) An appeal must be filed along with appeal fee of Rs. 500/- within 30 days from
the date of rejection of application or revocation of permit granted against the
orders of the authority or cause of action as the case may be. And copy of appeal
shall be given to Appellate Authority.
d) The Appellate Authority shall dispose off appeal within 2 months from the date
of filing appeal.
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P A R T – III
3. TEMPORARY ADVERTISEMENTS
No agency, without the permission in writing from the Competent Authority, shall
temporarily erect, exhibit, fix or retain any advertisement by means of advertisement
boards on buildings under construction / building wrap on building under repair,
banners, boards, flags, direction boards, wall painting, and advertisement boards on
mobile vans.
a) Banner
b) Board
c) Flag
d) Advertisements on Mobile Vehicle (Parked / Moving)
e) Kiosks
f) Advertisements by means of Laser / Digital Display / Video Displays.
g) Wall Painting.
h) Building Wrap
i) Floating Balloons
j) Sticker
k) Any other similar type of advertisement
a) The applicant agency shall apply for permission in the prescribed form as per
“Appendix-A” with M.C.G.M., in the ward in which advertisement is proposed
to be displayed.
b) Applicant / Agency applying for advertisement on building under construction
site shall pay processing fee of Rs. 500/- along with the application form duly
filled in with Chief Engineer (Development Plan) (Except Building under
construction on S.R.A. / M.M.R.D.A. / M.H.A.D.A. / M.B.P.T. project).
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c) The Applicant / Agency shall submit self attested documents. However, original
documents shall be submitted for verification as and when demanded by
M.C.G.M.
a) Any agency shall display the balloon in such a manner that it does not interfere
with or obstruct other display of advertisements.
b) The agency shall make all the necessary arrangements for watching the balloons
for any emergency during the display of the said advertisement by means of
balloon.
c) The agency shall produce No Objection Certificate 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 accidents or any injury which
may be caused to any property or person by reason of keeping the said balloon or
the material, gas or any device used in respect thereof or by reason of the fall or
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otherwise the said balloon or any part thereof due to storm, faulty construction,
negligence, accident or any other cause what so ever.
a) On grant of permission, the agency shall be liable to pay the advertisement fees
in advance as per the schedule of fees along with security deposit equivalent to
one month's advertisement fees for faithful compliance of the terms and
conditions of the permission.
b) The fees are payable, as per Schedule of Fees as decided by the Corporation
which can be amended from time to time.
c) The fee is to be paid for the whole month in advance even though the permission
is granted for a period less than a month.
d) The advertisement fees will not be accepted through post or by courier service or
by cheque.
e) If the advertisement displayed without valid permission, prosecution under
section 328 / 328A read with 471 of the M.M.C. Act 1888, shall be initiated and
such advertisement shall be liable for removal with a risk, cost and consequences
of the Applicant / Agency.
f) It will be the responsibility of the permission/permit holder, to renew the
permission before its expiry date. In case if the permission is not renewed before
the date of its expiry, it shall stands cancelled / revoked.
g) If Agency displayed advertisement without prior permission of Municipal
Commissioner / Competent Authority of MCGM and thereafter Agency come
forward to obtain the permission for advertisement, in such cases regularisation
charges equal to one month advertisement fee shall be recovered in addition to
regular fees as stated above (Permit shall be granted from the detection of
display / Actual display of Advertisement Board).
h) In the event Sunday or public holiday falls on first date of the month thereby
advertiser / agency could not pay the advertisement fee and subsequently paid
the advertisement fee then no composition shall be charged on advertisement fee.
a) The permit holder shall ensure that the structure and the advertisement board are
aesthetically designed, framed and properly maintained at all times.
b) The permit holder shall ensure that advertisement of obscene or ostentatious
nature or any other offensive message (as defined in Indian Penel Code) or in
contravention of the provisions of section 328 / 328A of the MMC Act 1888 shall
not be displayed.
c) Renewal of the permit for the advertisement board shall be done before expiry as
per the terms and conditions of the permit.
d) Permit holder shall abide the above terms and conditions stipulated in the
permission letter.
e) In case of any accident, Advertiser shall be solely liable against all actions / suits /
claims / damages and damages of any nature.
f) The permit holder shall ensure that on expiry of the permit / permission
Advertisement shall be removed along-with the structure.
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3.8 SCRUTINY
c) For grant of permission for display of advertisement board size above 200 sq. ft.
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by Municipal Commissioner for example, Event organized by the
Government; event organized by the Corporation or any other event as
deemed fit by the Commissioner.
e) The permission for display of Banners / Boards / Flags visible from any street
will be granted on Private premises subject to submission of No Objection
Certificate from concerned land owner / House owner / Society. In the event
where flat / premises is occupied by other than owner, then in such case, the
No Objection Certificate shall be required from owner & occupier both.
f) Applicant / Agency shall apply for grant of permission in prescribed form
Appendix 'A' along with required documents in concerned ward along with the
processing fee of Rs. 500/-
g) The applicant / agency shall pay one month's advertisement fee even if the
period granted for permission is less than a month.
h) The applicant / agency shall pay Security Deposits equal to one month's
advertisement fee for faithful compliance of terms and conditions of permit.
For non-compliance / for breach of terms and conditions of permit, the
Security Deposit lying with M.C.G.M. is liable for forfeiture.
i) The applicant / agency shall remove the banner upon expiry of the permission,
failing which the same will be removed by M.C.G.M. and the Security Deposit
lying with M.C.G.M. shall be forfeited.
j) In the event, when the advertiser or agency removes the advertisement on its
own and does not claim security deposit within 90 days period from date of
expiry of permission, then Security Deposit paid is liable for forfeiture in
Municipal treasury.
k) All Political parties can display a non – illuminated banner / board on their
party office premises and no permission is required for display of such
advertisement.
l) Board consisting information regarding name of the project, duration of
project, name of contractor, name of constituency of Member of Parliament /
Member of Legislative Assembly / Councillors can be displayed. However, no
photographs, name or pictures of Member of Parliament / Member of
Legislative Assembly / Councillors shall be displayed.
m) Applicant / agency shall pay ground rent if the banner / board displayed on
MCGM road / footpath / land.
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iv. For display of social / political advertisements will be allowed on the
temporary arches of the festival, a lump-sum fees of Rs. 5,000/- will be
recovered from the Applicant.
v. For display of Advertisement by means of LED, Rs. 5,000/- will be
recovered per board.
vi. Applicant / agency shall display period of permission granted,
permission number, name of the printing press, mobile / contact
number on the advertisement.
vii. Upon expiry of permission the Agency / Mandal shall remove the
banner / board / flag etc., else same will be removed by M.C.G.M. and
action will be initiated as per provision of section 328 / 328 A read
with section 471 of M.M.C. Act 1888.
a) During the Election Code of Conduct the permission for temporary banners /
boards / flags will be granted as per the norms specified in the model code of
conduct of Election Department / Election Commission.
b) The Size of the Banners / Boards / Flags will not be more than the size as
permitted by the Election Commission.
c) Display of advertisement by means of cloth banners, boards, cut outs, etc. by any
candidate or any Political Party in public places including Roads/ Footpaths /
Gardens / Playgrounds / Markets and any other Municipal Corporation and
Government property shall not be allowed during Election.
d) The advertisement displayed on the offices of Political Parties / Candidates in
private premises may be allowed subject to following conditions:-
i) That the applicant / candidate shall obtain necessary N.O.C. from the landlord /
property owner.
ii) That the applicant / candidate shall pay the schedule charges i.e. advertisement
fees and security deposit at prevailing rate.
iii) The permission is to be granted till the campaign period of the Election.
iv) That the applicant shall remove the permitted displays / object after expiry of
such permit / permission.
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i. Permission for display of flags, vinyl and hand-held banners can be
allowed by charging scheduled fees for any procession arranged by
any candidate or political party with prior permission of Election
Officer concerned.
ii. As per Motor Vehicle Act and Rules 1988, Regional Transport
Authority’s permission is required to display any advertisement on
any vehicle. Also the Election officer is required to monitor the use
of vehicles by any candidate or political party. Therefore,
permission to display advertisement by way of banners / posters on
any vehicle permitted by Regional Transport Authority can be
issued and ward should intimate the vehicle permission given to the
Returning Officer concerned. The vehicle permission on poll day
may be given by the Returning Officer concerned.
iii. Display of advertisement by any political candidate or any political
party shall not be permitted on the existing Bus-Queue-Shelters,
Kiosks on Electric Poles or any other structure of the BEST
Authority on Municipal roads or footpaths.
iv. Wherever permission in accordance with the aforesaid restrictions
is granted, necessary advertisement fees as per the prescribed
schedule be charged.
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3.13 THE MAHARASHTRA PREVENTION OF DEFACEMENT OF PROPERTY
ACT, 1995.
Whoever by himself or through any other person defaces any place open to public
view shall, on conviction, be punished.
Provided that nothing in this section shall apply to any advertisement which,--
(1) is exhibited with the written permission of the local authority having
jurisdiction over such area in this behalf;
(2) is exhibited within the window of any building if the advertisement
relates to the trade, profession or business carried on in that building.
(3) relates to the trade, profession or business carried on within the land or
building upon or over 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 on or upon or in the same.
(4) relates to the name of the land or building upon or over which the
advertisement is exhibited, or to the name of the owner or occupier of
such land or building.
(5) relates to the business of a railway administration and is exhibited within
any railway station or upon any wall or other property of a railway
administration.
Considering the provision of Defacement Act and direction given by Hon'ble High
Court in PIL-155 of 2011, Senior Inspector (licence) shall furnish information
regarding advertisement display of banner / boards / flags, etc. with photograph to
the Senior Inspector of Police of the concerned police station for filling FIR.
21
P A R T – IV
___________________________________________________________________________
No agency, without the permission in writing from the Competent Authority, shall
display advertisement by means of hoarding. An agency displaying sky sign or
advertisement without seeking permission of the Competent Authority or
contravention of these guidelines, punishable under section 328 read with 471 of the
MMC Act, 1888.
The competent authority may, for reasons to be recorded in writing may refuse
permission for grant of advertisement permit.
If Applicant / Agency intend to change the size of existing hoarding then the same
shall not be considered as new proposal and in a such case, following documents are
required to be submitted alongwith application.
i) Specific remarks from Designated Officer of ward for non violation of norms
about open space / compulsory open space & non-obstruction of light, air and
ventilation of adjacent premises as per the prevailing norms of advertisement
policy guideline.
vi) Certificate from Registered Surveyor certifying that distance criteria between
two hoardings are as per the prevailing norms i.e. 100 meters distance
between two hoardings.
i) HOARDING ON GROUND.
22
c) The hoarding on ground may be permitted as a single sided, back to back or in
"V" shape or tri-vision. All standard sizes as mentioned above are permitted in
all wards of MCGM.
d) The size of hoarding on V Shape, back to back or Tri-vision shall not vary
While constructing the building the weight of hoarding, wind pressure, etc. are not
considered and as such due to erection of hoarding structure on the roof top or terrace of the
building which directly affect the strength of the building and therefore likely to cause the
damage to the building in due course of time. Further, the city of Mumbai situated near by
coastal area and the climatic condition like wind pressure, humidity thus, life of the hoarding
due to corrosion also goes down, which make invite untoward incidence. Mumbai is having
high density of population, therefore, considering the citizen safety at large ---
a) New permission for hoarding on dead wall can be allowed for any size, which
can cover the whole area of dead wall. However, the erection of the hoarding
shall not be beyond the dead wall.
b) The hoarding shall be erected parallel to dead wall and the distance between the
dead wall and hoarding structure shall not exceed 3 ft.
c) Advertisement on Dead walls by means of Vinyl wrap, Graffiti, Wall painting,
By way of pasting Sticker, LASER or projection of advertisement by means of
Projector will also be permitted.
a) Digital / LED / LCD / Electronic / Neon Display hoardings of all sizes can be
permitted subject to minimum size of 10 feet X 10 feet and maximum size of 40
feet X 40 feet subject to No Objection Certificate from Traffic Branch of
Mumbai Police.
b) Digital / LED / LCD / Electronic / Neon Display hoardings can be permitted on
ground, dead wall and vehicle mounted displays for which minimum distance
criteria between two hoardings shall be 100 meters.
23
c) For promotion of Digital Technology, all existing Advertisement hoardings can
be converted into Digital Hoarding with prior approval of Competent Authority.
d) Existing hoardings can be converted in to digital hoardings. Digital displays
means, advertisements by means of Digital / LED / LCD panels, / Electronic /
Neon scrolling advertisements, etc.
e) Flickering advertisements are not permitted.
f) As per High Court directives, illumination of digital displays shall be switched
off at 11 pm.
g) Structural Stability Certificate from registered structural engineer shall be
submitted during converting existing advertisements in to digital advertisements.
h) The permission for digital displays will be revoked if genuine complaint is
received from the nearby resident.
i) No objection certificate shall be submitted from land owner / Society for
conversion of existing display in to digital displays.
a) Electronic screen With Video display / Laser Show of all sizes can be permitted
subject to minimum size of 10 feet X 10 feet and maximum size of 40 feet X 40
feet subject to No Objection Certificate from Traffic Branch of Mumbai Police.
b) Electronic screen With Video display / Laser Show can be permitted on ground,
dead wall and vehicle mounted displays for which minimum distance criteria
between two hoardings shall be 100 meters.
c) As per High Court directives, illumination of Electronic screen display hoarding
(Picture) / Laser Show shall be switched off at 11 pm.
d) Structural Stability Certificate from registered structural engineer shall be
submitted during converting existing advertisements in to Electronic screen
display hoarding (Picture) / Laser Show.
e) The permission for Electronic screen With Video display / Laser Show will be
revoked if genuine complaint is received from the nearby resident.
f) No objection certificate shall be submitted from land owner / Society for
conversion of existing display in to Electronic screen With Video display / Laser
Show.
24
v) (2) ADVERTISEMENT AFFIXED ON VEHICLES (PARKED OR MOVING)
a) The advertisement board shall be erected by keeping the distance of one meter
from the flooring level of the sky-walk / foot-over bridges and the upper edge of
the advertisement board shall not be higher than embankment of wall of the sky-
walk / foot over bridge and one uniform line shall be maintained. However,
existing permission granted for display of advertisement above the embankment
25
of wall will be continued till the expiry of tender period as floated by MMRDA /
MSRDC, etc.
b) Advertisement on the pillar of sky-walk / Foot over Bridge/ Bridges shall be
permitted as per the structural design approved by concerned authority who have
floated the tender i.e. MMRDA / MSRDC / PWD / BPT / Mumbai Metro Rail
Corporation / Mumbai Mono Rail Corporation, etc. However, the length of the
advertisement board shall not exceed the diameter of the pillar.
c) Advertisement by means of illuminated board can be permitted on the pillars and
sides of the sky-walk and foot-over bridges subject to No Objection Certificate
from Traffic Branch of Mumbai Police.
d) Advertisement boards shall be erected strictly as per structural design given by
concerned government or semi-government or local or any other land owing
authorities.
e) After erection of the advertisement boards by the advertiser, the same shall be
inspected by the concerned responsible officials of the agency, who have floated
the tender viz. MMRDA / MSRDC / PWD / MBPT / Mumbai Metro Rail
Corporation / Mumbai Mono rail Corporation and they shall certify that,
advertisement board is erected as per the drawings & specifications.
f) The officials of the authority who have awarded the tender shall inspect the site
every 2 years considering the public safety at large.
Advertisement at the rear side of Bus Queue Shelter can be allowed. Further
advertisement on Bus Queue Shelter can be allowed in any size and which shall not
be beyond the size of Bus Queue Shelter. Advertisements on Cantilevers, Kiosks,
Lolly-pop, etc. shall not be given along with the permission for advertisements on
Bus Queue Shelter. Digital Advertisement can be permitted subject to NOC from
Traffic Department.
x) KIOSK
xi) CANTELIVER
a) MCGM has the sole right to put up cantilever for Civic massage only.
26
b) No other land owning authority shall float the tender for awarding display
right of advertisement by means of cantilever.
4.3 RESTRICTIONS
27
perimeter of the hoarding. The distance criteria shall be applicable for Hoardings
on Ground / Dead wall / Terrace. viz. Distance criteria is applicable for
hoardings on terrace & ground, terrace & dead wall, ground & dead wall and
ground & ground.
n) Existing hoardings prior to 1.5.2014 shall be continued subject to replacement of
old hoarding structure by new one subject to its re-erection on uni-pole or
bi-pole either round or square.
o) Restrictions of 100 meter criteria between two hoardings shall not apply to back
to back and 'V' shape hoarding or Tri-vision (three sided advertisement
hoardings). However, the distance criteria will be applicable as stated in ‘m’
above.
p) The lower bottom of the age hoarding board shall not be less than at a height
3.60 meters (12 feet).
q) No hoarding shall be projected on to the footpath / carriageway / road.
r) No new permission for hoarding shall be permitted which would projecting on or
above hutments / slum situated below the advertisement board.
s) No hoarding shall be renewed which is projecting on or above hutment / slum
situated below the advertisement board without No Objection Certificate from
the land owning authority / land lord.
t) No hoarding shall be permitted at the height of above 100 feet from the surface
of the ground. The height of hoarding will be measured from surface of ground
below the hoarding.
u) Illumination of all the advertisements shall be switched off at 11.00 PM as per
the directives of Hon'ble High Court, Bombay.
v) Existing hoarding will not be renewed if Assessment Department certified that,
permit holder is in arrears of Assessment tax of the subject hoarding or any other
hoarding / hoardings in other ward of MCGM.
w) In case of advertising agency in default of advertisement fee / assessment tax for
any hoarding / hoardings then, no new permission will be given or existing
permit will not be renewed.
In case of application for advertisement through hoardings, balloons, etc. the following
documents are required to be submitted along with the application:-
a) NOC from Landlord of the land / building over which advertisement is proposed
to be displayed.
b) If the land on which advertisement is to be displayed is given on lease by public
authority, viz. Corporation, Government, Port Trust, MHADA, MMRDA, PWD,
AAI, etc. NOC from the Lessor is also required.
c) 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.
d) 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.
e) In case of 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
28
and severally be liable to pay to the Estate Department of the Corporation, extra
ground rent as laid down in his behalf.
f) Two copies of key plans of the location in the scales of 1”:2500' and Block plan
in the scale of 1”:250'.
g) 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 along-with external lighting fixtures.
h) 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.
i) 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.
j) NOC from the office of Commissioner of Police (Traffic), if the advertisement is
to be illuminated.
k) NOC from the Civil Aviation Department of the Government of India wherever
necessary.
l) The structural design / plan along with structural design calculations approved
by a licensed structural engineer.
m) 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.
n) NOC from Electricity Distribution Company in case high tension wire is passing
near proposed hoarding is to be erected.
o) The Agency applying for the permission shall submit the Registration Certificate
under the Bombay Shops & Establishments Act 1948, if applicable.
a) An agency / advertiser shall erect the hoarding within a period of 90 days from
receipt of “No Objection Certificate” by the MCGM.
b) Advertiser / agency shall intimate before display of advertisement to concern Sr.
Inspector along with Structural Stability Certificate certifying that the hoarding
is erected as per design and plan submitted at the time of granting permission
and also submit insurance certificate before display of the advertisement.
c) The advertisement fees shall be paid from the date of actual display of
advertisement OR from the expiry of 90 days period, whichever is earlier, as per
schedule of fees, which will be amended from time to time.
d) In the event, if applicant advertiser do not erect the hoarding structure within a
period of 90 days from receipt of NOC, the NOC shall stand revoked / cancelled.
However, applicant / advertiser, if desires, can apply for extension of NOC
before expiry of existing NOC. A maximum grace period up to 90 days can be
granted subject to payment of one time charges, equivalent to one month's
advertisement fee for respective size of hoarding at the time of grant of extended
NOC. However, on expiry of total period of 180 days (i.e. from the date of
receipt of original NOC), in any circumstances, no further extension of NOC can
be granted. After expiry of period of 180 days, applicant advertiser shall apply
afresh.
e) On grant of permission, the agency shall pay the advertisement fee on monthly
basis along with security deposit, which is equivalent to one months of
29
advertisement fees for faithful compliance of terms and conditions of permit.
However the advertiser / agency is at liberty to pay the advertisement fees on
quarterly, six monthly, nine monthly or yearly basis in advance.
f) The permit holder shall pay the advertisement fee before expiry of the permit. In
case, if the permit is not renewed before the expiry of its validity, then, permit
holder shall pay composition charges equivalent to 10% of the total outstanding
amount of the advertisement fee.
g) If advertisement fee is not paid up to three months, then permit shall be revoked
and cancelled and security deposit paid by the permit holder shall be forfeited
and will be adjusted against the advertisement fee and action will be initiated as
provided by law including removal of hoarding structure at the risk, cost and the
consequences of permit holder. In the event, agency / permit holder desires to
restore the permit as stated above, then subject permit can be restored on
payment of advertisement fee from the date of expiry of permit along with 10%
composition on outstanding amount of advertisement fee and fresh security
deposit equivalent to one month advertisement fee.
h) The permit holder shall pay the advertisement fees for the month even though
there is no advertisement display i.e. hoarding board is kept blank.
i) If advertisement is found displayed without prior permission of Municipal
Commissioner / Competent Authority of MCGM and thereafter if agency come
forward to obtain the permission for advertisement, then regularisation charges
equal to six month advertisement fee shall be recovered in addition to schedule
fees as stated above at Sr. No.(e). (Permit shall be granted from the date of first
detection of display / actual display of advertisement board).
a) On grant of permission, the agency shall liable to pay the monthly advertisement
fees with security deposit equal to one month's advertisement fees for faithful
compliance of the terms and conditions of the permission / permit. If the deposit is
forfeited for breach of any terms and conditions, the resultant shortfall in deposit
shall be recouped within 15 days from the receipt of demand letter.
b) In case of fresh permissions, if the payment is delayed beyond the period of 30
days from the date of receipt of demand letter, composition charges equal to 10%
of the proportionate monthly advertisement fee for a month of delay. If payment is
not done within 30 days from the date of receipt of demand letter the application
for grant of permission shall be cancelled / filed.
30
iv. In case of illumination found after 11.00 p.m.
v. In case banned advertisement found displayed.
b) Major Violations : In case of minor violations by the permit holder the 100 %
Security Deposit lying with MCGM shall be forfeited for violating the major
condition. The same are as under:
The advertisement hoarding permit can be transferred with the prior permission of
Competent Authority and on payment of transfer fees, as prescribed by the
Commissioner in schedule of fees which is revised from time to time, subject to
document shown in Annexure A (c) and following :-
31
a) Consent in writing from the Agency i.e. the holder of the permission/ permit and
the land owning authority / Co-operative society. In case of Co-operative
Housing Society, a resolution passed in Annual General meeting of the society,
duly attested by the Auditor of the Society shall be submitted.
b) In case of legal transfer, death certificate of the original permit holder and proof
of legal succession or legal heir and NOC from other legal heirs.
c) Affidavit indemnifying the Municipal Commissioner from all other claimant
shall be submitted.
d) In case of transfer through sale, the sale / purchase document and Indemnity
Bond from purchaser, indemnifying Corporation from all claims.
e) In case of change in constitution, documents such as indemnity bond, resolution
or agreement shall be submitted.
32
coming forward to beautify such areas. For this purpose, such proposals shall be
routed through MCGM's Ward Assistant Commissioner concern who should
certify that the area is very dirty and no corporate house is coming forward to
beautify it.
a) The permit holder shall ensure that the structure and the advertisement board are
properly maintained at all times as per structural design / plan submitted at the
time of grant of permission. Further, the hoarding structure and back side of
hoarding shall be painted with dark green enamel paint atleast once in a two
years.
b) The permit holder shall ensure that no advertisements of obscene or any other
offensive message displayed in contravention of the provisions of section 328 /
328A of the MMC Act. Any other offensive message or advertisement related to
tobacco product or advertisement of liquor either directly or surrogate
advertisement shall not be displayed on the hoarding (as defined in Indian Penal
Code).
c) The agency / advertiser shall display the following information at a conspicuous
place on the pole of the hoarding structure of the advertisement hoarding. Name
plate shall contain following details:
a) If advertising agency desires to prune the branches / trim the tree in front of the
advertisement hoarding for better visibility, they shall obtain NOC from the
Garden Department. Garden department shall recover four times the schedule fee
for such pruning of tree. However it shall be the discretion of the garden
Department to allow such pruning.
a) Every permit granted for advertisement hoarding will be renewed for period of 2
years. Permit holder shall apply for renewal of permit before 60 days of its
expiry of the permit.
b) Renewal of permit will be consider if the advertisement hoarding is in
accordance with section 328 / 328A of MMC Act 1888 and these Policy
Guideline amended from time to time.
33
c) In case the hoarding is not accordance with the provision of policy guideline
then show cause notice shall be issued to the advertiser / agency for removing
the defects pointed out.
d) NOC from Assessment Department of MCGM shall be submitted regarding
payment of property tax at the time of renewal of permit failing which renewal
application shall not be considered.
e) The advertiser shall submit Structural Stability Certificate of the hoarding
structure and the building on which it is erected, from registered structural
engineer.
f) The advertiser shall submit copy of insurance policy for that period against
liabilities arising from unforeseen mishap.
g) Advertisement hoardings shall be allowed to erect on a dead wall of building on
submission of Certificate regarding structural stability from approved
Government Structural Engineer.
h) In case of illuminated hoarding advertiser / agency shall submit certificate from
approved Electrical Engineer.
a) No new hoarding shall be permitted having distance less than 100 mtrs.
b) Distance between two hoardings on ground on the same side of the road /
alignment shall be 100 meters. This distance will be measured from the
perimeter of the hoarding. The distance criteria shall be applicable for Hoardings
on Ground / Dead wall / Terrace. viz. Distance criteria is applicable for
hoardings on terrace & ground, terrace & dead wall, ground & dead wall and
ground & ground.
c) The advertiser shall submit certificate from MCGM / Government surveyor about
the distance norm.
a) Agency shall realign, readjust or shift the hoardings whenever called upon by the
competent authority Advertiser/ Agency shall not claim any compensation. The
relocation can be allowed within the same premises on compliance of all rules
and Policy Guidelines.
b) If, advertiser intent to make any changes in existing hoarding then same may be
considered on submission of fresh certificate from Registered Architect /
Structural Engineer.
34
4.17 HOARDING ON CORPORATION / GOVERNMENT PROPERTIES
i. INTRODUCTION
ii. GENERAL
35
b) Agency shall make good at their 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.
c) No hoarding shall obstruct any doors and / or windows of the building near or on
which it is erected or that of the adjoining property.
d) All waste or superfluous materials shall be cleared away by the agency.
a) The hoarding structure shall be either Uni-pole or Bi-pole, and in round or square
shape only. The design of the structure shall be sound to withstand the wind
pressure and shall be prepared and certified by the Structural Engineer registered
with MCGM.
v. ELECTRIFICATION
36
PART – V
REVIEW
5.1 Scope
The authority can review its decision in the event, if authority empowered for grant /
rejection of permission / permit thinks that, decision taken for grant / rejection of
permission / permit needs to be reviewed, as decision is found incorrect on account of
clerical mistake, technical flaw, appearance of new facts or non-consideration of
documentary evidence submitted by the applicant.
If the competent authority thinks it necessary to review any order which s/he has not
herself/himself passed, on the ground other than that of clerical mistake, s/he shall
first obtain the sanction of the authority one step above in rank. For example, if
Superintendent of License is reviewing decision of earlier Superintendent of License
then s/he shall take prior sanction from DMC Special. Likewise, if DMC Special is
reviewing his/her decision, it shall be mandatory to obtain prior sanction from AMC
in-charge of license department.
37
PART VI
6. APPEALS (ADVERTISEMENT PERMISSION OF HOARDINGS AND
ADVERTISEMENT ON OTHER THAN BUSINESS PREMISES)
6.1 SCOPE
Disputes that arise among agencies need a definite forum for Grievance Redressal.
Sometimes, agency-applicants are aggrieved by the rejection of their applications for
grant of permit. The present guidelines are providing for rejections of incomplete
applications, forfeiture of deposit for cutting / pruning of trees on Corporation
footpaths etc. These issues need expeditious redressal within the system for appeal.
Hence, these provisions have been made.
a) Appeal against the decisions taken by Asst. Commissioners, shall lie with the
Deputy Municipal Commissioner, in charge of Licence Department.
b) Appeal against the decisions taken by the Deputy Municipal Commissioner, in
charge of Licence Department shall lie with the Additional Municipal
Commissioner.
a) An appeal must be filed, along with appeal fees of Rs. 1000/-, within 30 days
from the receipt of the orders of a lower authority or cause of action, as the
case may be.
b) For sufficient cause, the Appellate authority at his discretion may condone
delay of filing appeal up to 30 days, except in cases where order for removal
of existing hoarding is passed by the authority.
c) Appellate authority as far as possible decides the appeal within a period of 60
days.
d) If the applicant simultaneously seeks redressal in a court of law for the same
cause of action, the appeal shall stand automatically dismissed.
e) In case the hoarding owner or licence holder prefer appeal being aggrieved by
any order of Dy. Municipal Commissioner, in charge of Licence Department
or Addl. M.C. during the pendency of appeal advertiser / agency shall not
display Advertisement on the alleged hoarding.
f) Appeal period of 60 days will be computed from the date of payment of appeal
charges.
g) During the pendency of appeal upto period of 60 days, advertiser / agency
shall not display advertisement on alleged hoarding and agency / appellant
shall pay advertising fee during the pendency of appeal upto period of 60 days.
h) In the event appeal period is expired between first and end of the month in
those cases advertiser / agency shall pay the advertisement fee for the entire
particular month.
i) If any advertisement or display is found during the appeal period, then action
of forfeiture of security deposit and removal of display of advertisement shall
38
be initiated and also advertiser is liable for payment of advertisement fees after
60 days of appeal period.
j) In the event agency / advertiser absent during the hearing or requested for
adjournment then, advertiser is liable for payment of advertisement fees after
the period of 60 days of appeal period.
k) In the event appellate authority directed agency to remove the violation
pointed out during the hearing then and such period granted for notification
will be excluded for computation of 60 days of appeal period and advertiser /
agency shall pay the advertisement fees during such period.
l) Appellate authorities shall submit the list of pending appeal application to
Addl. M.C. / M.C. after 90 days.
m) On receipt of rejection order from learned 1st appellate authority, if advertiser
agency moves to any court, there shall be no display of advertisement on the
hoarding till finalisation / disposal of the case. If any advertisement or display
is found during the litigation period, then action will of forfeiture of security
deposit and removal of display of advertisement shall be initiated.
n) In case the hoarding owner or licence holder prefer appeal being aggrieved by
any order of Dy. Municipal Commissioner, in charge of Licence Department
or Addl. M.C. during the pendency of appeal advertiser / agency intend to
display of advertisement in alleged hoarding the same can be granted subject
to payment of twice monthly advertisement fee and also undertake that they
will not claim that refund of fees or interest on additional advertisement fees
even if the alleged hoarding is regularised by appellate authority or by court.
o) Existing pending 1st and 2nd appeal lying with 1st and 2nd appellate authority
will be decided by the same appellate authority.
39
P A R T – VII
7.1 BLACKLISTING
a) Whenever any Show Cause Notice is issued to the Advertiser / permit holder
calling for the explanation on the alleged lapses by him, the permit/s may be
banned / suspended up to the arrival of final outcome of the said show cause
notice is issued. Show cause notice shall be issued by the officer not below the
rank of Deputy Municipal Commissioner.
7.3 AUTHORITY
40
7.4 PROCESS
a) Before initiating action for blacklisting, the competent authority not below the
rank of Deputy Municipal Commissioner in charge of the Licence department,
shall issue a Show Cause Notice to the Advertiser / Permit holder, as to why
penal action should not be taken against the said advertiser. The notice period
shall not be less than 15 days and shall be counted from the date of receipt of
the notice by the advertiser and can be extended, for adequate reasons (to be
recorded), by the officer who issued the said notice, up to a period of 30 days
(including the initial period).
b) If the Advertiser fails to give satisfactory clarification within the period
stipulated in the show cause notice (or, the extended period, if any), the
Deputy Municipal Commissioner shall either take a final decision regarding
the demotion with specific time period or permanently or make detailed report
with recommendations for blacklisting to Additional Municipal Commissioner
(A.M.C.) / Municipal Commissioner. Before issuing a final order regarding
banning / de-registration, the Deputy Municipal Commissioner shall give
personal hearing to Advertiser or his / their authorized representative on his
request in writing if any, or otherwise along with his / their letter of
clarification.
c) The competent authority i.e. concerned Deputy Municipal Commissioner /
Additional Municipal Commissioner / Municipal Commissioner, shall give
personal hearing to Advertiser or his / their authorized representative on his
request in writing along with his / their letter of clarification, before taking
final decision on blacklisting of the Advertiser with specific time period
(temporary) or permanently.
d) As far as practicable, the competent authority i.e. concerned Deputy Municipal
Commissioner / Additional Municipal Commissioner / Municipal
Commissioner, shall take final decision regarding banning / de-registration
within 15 days of completion of hearing of the Advertiser.
e) Any order of penalty passed by the competent authority i.e. concerned Deputy
Municipal Commissioner / Additional Municipal Commissioner / Municipal
Commissioner, under these Policy shall state the facts of the case and record
the reasons for the order. In case of, banning / de-registration, the order shall
also specify the name(s) of the proprietor / partner(s) / directors / power of
attorney holders of the contractor(s) / firm / partnership / company banning /
de-registration in his / her / their order, and shall intimate the advertiser
accordingly.
f) The decision regarding blacklisting shall be communicated to advertiser
immediately with directions to submit the original explanation within 15 days
from the date of receipt of the order regarding blacklisting, for taking
necessary endorsement on the same. If any advertiser does not comply with
this requirement within the period of 15 days mentioned above, he / they shall
be deemed to have been blacklisted automatically at the expiry of the above
mentioned period, even if the penalty imposed was blacklisted for a specific
period.
Appellate Authority and Procedure for appeal will be same as stated in Part - VI.
41
APPENDIX - ‘A’
MUNICIPAL CORPORATION OF GREATER MUMBAI
Licence Department
(Application form for permission to exhibit Advertisement on Other than Business premises/ on
Business premises /Temporary Advertisement under section 328/328A of MMC Act
1888.respectively)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1. Name of Applicant:
3. Status: Proprietary firm/ Partnership firm/ Company (Pvt Ltd. / Pub Ltd) / Charitable Trust/
Public body / Political / Others (Specify) - ___________________________________________
42
Details of Advertisement:
6. a) Types of premises - On Business Premises/ Other than Business Premises/ Temporary
Advertisement on Municipal Road / Footpath: ______________________________________
b) Address of advertisement /Exact Location:-
c) SAC No:-
______________________________________________________
e) Matter to be
displayed-
f) Period of dvertisement date from which the advertisement is proposed to be displayed / been
displayed:- From___________________to_______________________
43
7. All required documents as per the Annexure are submitted: Yes / No
I / We have read carefully the approved policy guideline of the MCGM on above and have
complied with 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, further I also state that the
property/ building over which board is proposed to be erected is not under any litigation in any Court
of Law.
Signature of the
Applicant
Date:
44
Annexure
Types of Advertisement
a) Advertisement on Other than Business premises
45
A) Common Required Documents for permission of All Advertisement
i) PAN Card
iii) Passport
v) Election ID Card
i) Rent Receipt
v) PR card
viii) Proprietary firm- Copy of first page of current account passbook or cancelled
46
cheque of that account
d) Sketch of the advertisement board with dimension and details of matter to be displayed.
Undertaking from the premises owner of Mall/ Shopping Complex premises about the
e) permissions granted shall be exclusively utilized for display of advertisement of the
business / commercial establishments within the premises.
47
B) In additional to documents mentioned in ‘A)’ above, following documents are required for grant
of permission of following Advertisements.
Boards Bus
on Sky Queue
Walk/ Shelters
Description of Hoarding Mobile Fly over of BEST
Documents (Ground Advertisement
Sr. bridges/ / Gantries VMS Kiosks
/ Dead on Taxi, Bus, Foot MSRTC.
No Wall) etc. Over
Bridges
10’ X 8’ size
photograph taken from
7. a distance of 60 mtrs.
from the proposed site.
(Two copies)
NOC from
Commissioner of
8. Police (Traffic) in case
of illuminated
hoardings
48
Structural stability
certificate from licence
11. structural Engineer for
proposed hoarding
structure & building
Copy of insurance –
13.
Part II 3 (a)
Documents to be
submitted by the
Advertiser for
establishing the
ownership of the land
(Any one): a) Property
17.
card
b) 7/12 Abstract
c) Index II
d) Conveyance Deed
49
& Others.
Copy of
Commencement
20. Certificate in case of
construction fence /
Building wrap.
NOC from
Commissioner of Police
21. in case of Mobile
Advertisement on Taxi,
Bus, etc.
No Hoarding is in
Compulsory Open
Space. Certificate
23. issued by the
Designated Officer of
the respective ward
shall be submitted.
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APPENDIX ‘B’
INDEMNITY BOND-CUM-UNDERTAKING
ON STAMP PAPER
TO,
_________________________________________________
[2] _____________________________
[3] _____________________________
[4] _____________________________
I,Shri/Smt. _________________________________________________________,
WHEREAS the Advertiser has made application to Municipal Corporation of Greater Mumbai for a permission for
display of advertisement under section 328 and 328A of the M.M.C. Act;
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 rules, regulation and
guidelines framed by the Municipal Corporation of Greater Mumbai for grant of permission for advertisement.
51
2. The owner and the Advertiser hereby undertake that the erection of the hoarding and display of
advertisement will not adversely affect or cause any obstruction to the air, light and ventilation of the building
belonging to the owners or to the neighbouring 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 passing 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 guidelines 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 Municipal Corporation of Greater Mumbai 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. The owner and the advertiser hereby jointly confirm that the building / property on which hoarding is
proposed to be erected is not under any litigation in any Court of Law and that in future if it is observed that
there is dispute pending about the building or property in any Court of Law, we hereby authorize MCGM to
revoke the permission granted to advertiser and I / we as an owner take responsibility to remove the
hoarding and hoarding structure.
9. This Undertaking is binding upon us, our heirs, Executors, Administrators, Successor / Successors and
assignees.
Yours faithfully,
[
]
[
]
Witness:
[1] _____________________________
[2] _____________________________
52
APPENDIX ‘C’
To,
The Municipal Commissioner
[2] ___________________________
[3] ___________________________
[4] ___________________________
WHEREAS the Advertiser has made application to Municipal Corporation of Greater Mumbai
for a permission for display of advertisement under section 328 and 328A of the M.M.C. Act
1888;
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 confirm that the land on which advertisement is to 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
53
the 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 M.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 passing resolution in the General Body meeting held on ____________, the
copy of the resolution, thereof, has been certified by the Auditor of the Society.
3. **The owner and the advertiser hereby jointly confirm that the building / property on
which hoarding is proposed to be erected is not under any litigation in any Court of Law
and that in future if it is observed that there is dispute pending about the building or
property in any Court of Law, we hereby authorize MCGM to revoke the permission
granted to advertiser and I as an owner take responsibility to remove the hoarding and
hoarding structure.
4. This undertaking is binding upon us, our heirs, Executors, Administrators, Successor /
Successors and assignees.
[ ]
[ ]
Witness:
[1] _______________________
[2] _______________________
54