In case of accidents, OOH advertisers to be solely liable: BMC

BY Kanchan Srivastava

The Brihanmumbai Municipal Corporation (BMC) has finally released its first comprehensive policy with regards to outdoor advertising which aims not only to safeguard the citizens but also maintain the aesthetics of India’s commercial capital.   

The move comes three months after the tragic collapse of an unauthorized hoarding in Ghatkopar, which resulted in 17 fatalities and 75 injuries,

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The 58-page draft policy is now open for public suggestions and objections until August 28. Once approved, the new policy will oversee all outdoor advertising approvals, including digital formats, for the next decade from the date of issuance.  

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The civic body’s new norms say that in case of any accident, Advertisers shall be solely liable against all actions, suits,claims, damages or demand of any nature.  

The policy draft proposes blacklisting of advertisers for violation. Once blacklisted, an advertiser will be prohibited from applying for new hoarding installations, with the blacklisting being either permanent or for a specific period depending on the offense.  The advertisement licence fee shall be increased by 10% every year.  

It also proposes mandatory insurance coverage ranging from Rs 5 lakh to Rs 1 crore to cover potential loss or damage caused by hoardings. e4m has earlier reported about it. 

The draft policy proposes several stringent provisions and restrictions on hoarding placements, prohibiting hoardings on building terraces, construction fences, dead walls, and glass facades, on footpaths, traffic islands, medians, and gantries. The size limit for hoardings has been capped at 40 feet by 40 feet, as e4m has earlier reported about it in a series of news reports. 

It also talks about following the “Code of Conduct” to grant permission for political displays during elections. 

Besides, the OOH media owners are supposed to ensure that the structure and the advertisement board are aesthetically designed, framed and properly maintained at all times. “Advertisements fixed to buildings should be designed to suit the scale, proportions, period, architectural detailing, and use of the building. They must not harm the character of the building or obscure architectural features,” says the draft policy. 

DOOH capped till 11 PM 

As e4m has earlier reported, the BMC has introduced specific regulations for digital hoardings. All digital and electronic ads must be turned off by 11 pm. Automatic timer shall be fixed to switch off the illumination as specified in condition.

Advertisers must obtain a No Objection Certificate (NOC) from the Joint Commissioner of Traffic Police to receive permits. These will be permitted in malls, multiplexes, shopping centers, and commercial buildings, allowing for multiple static images with a minimum dwell time of eight seconds. However, flickering advertisements and video displays are prohibited.  

However, the civic body has noted that it has set up a committee comprising experts from IIT Bombay, environmental specialists, and other authorities within the BMC. “Meetings and discussions on digital hoardings, specifically regarding safety, environmental norms, brightness, and illuminance, are currently ongoing, with extensive research being conducted on these matters. Following the committee's deliberation and study, these standards will be officially published as the criteria for the display of digital hoardings.”

“Taking into consideration the legal orders, the present policy guidelines 2024 has been framed with an objective to improve the quality of outdoor advertising and bring it on par with international standards, and to strike a balance between aesthetics of the city and the commercial potential of the Advertising sector,” says Bhushan Gagrani, Municipal commissioner, in the preface of the policy. 

He adds, “These new guidelines supersede the previous guidelines of 2008 and all circulars issued here to before. This Policy will be applicable for 10 years from the date of approval or approval of next policy guideline whichever is later.”

What is new? 

Considering Mumbai's commercial potential as Financial Capital of India, the earlier system of different sizes for different zones was found to be without any rationale and therefore, division of Mumbai in Zone 1/2/3 has been dispensed with. Now, the Policy allows Advertisers to put any size of hoarding (as defined in the Policy) anywhere in the jurisdiction of B.M.C. 

Standard Operating Procedure for structural stability. 

Permit shall be renewed 3 months in advance before the expiry of license. 

No hoarding shall be permitted near high tension wire. 

While finalizing the policy for grant of permission for banner / boards / flag, etc., adequate care has been taken to keep in mind the “Code of Conduct” to grant permission for political displays during elections. 

Policy regulating digital advertising has been introduced. All Malls, Multiplexes, Shopping complex, Commercial Buildings can apply for digital LED advertisements. 

The Advertiser has to obtain a No Objection Certificate from the Joint Commissioner of Police (Traffic) for illuminated or digital hoardings. In absence of an NOC from Jt. Commissioner of Police (Traffic), advertisement permit will not be granted / renewed for illumination. 

Policy regarding blacklisting of the advertiser / permit holder for frequent violations on account of non-payment of fees has been introduced. 

B.M.C is in the process of providing online services for grant and renewal of permits. Accordingly, the procedure of scrutiny highlighted in the policy guidelines will undergo suitable changes. 

Review of decisions taken regarding rejection of permit on technical grounds will be done at Jt. / Dy. M. C. (Special) level. This will reduce a lot of delay on account of appeals. 

Advertisements on B.M.C premises have been introduced by inviting e-tenders. 

Advertisement permitted in lieu of operation & maintenance of public utilities. 

Bank guarantee proportional to 6 months of license fees. 

Insurance of Rs 5 lakh to Rs 1 cr proportional to license fees. 

This policy shall be applicable to the hoardings on the seaward side under the jurisdiction of the Maritime board. 

Duties And Responsibilities Of Permit Holder 

a) The permit holder shall ensure that the structure and the advertisement board are aesthetically designed, framed and properly maintained at all times. 

b) Advertisements must align with the character and appearance of the locality. In residential areas, advertising is restricted to business premises and should be minimized to the greatest extent possible. 

c) Advertisements fixed to buildings should be designed to suit the scale, proportions, period, architectural detailing, and use of the building. They must not harm the character of the building or obscure architectural features. Illumination will be resisted if it is considered harmful or detracting from the special interest of the building. 

d) Advertisements positioned on heritage buildings may also require permission from the Heritage Committee. Advertisements will be resisted if they are considered to harm the setting of heritage assets. Advertisements on heritage buildings require Heritage Committees consent, even where advertisement licence is not required, and must be designed and attached to the building with particular care. With heritage assets and their settings (including the setting and approaches to the World Heritage Sites and Art Decoratives) a stricter line will be taken on the design, materials, method of illumination, positioning, number, type and scale of advertisements allowed in order to protect special interest. In Heritage areas the Corporation will resist advertisements that fail to preserve or enhance the character or appearance of the conservation area. Without the NOC of the Heritage Committee any type of advertisement is not allowed. 

e) The permit holder shall ensure that advertisements of obscene (as defined in BNS 2024) nature or any other offensive message or in contravention of the provisions of section 328 / 328A of the B.M.C. Act 1888 shall not be displayed. 

f) The permit holder shall abide by the terms and conditions stipulated in the permission letter. 

g) In case of any accident, Advertisers shall be solely liable against all actions / suits / claims / damages and demand of any nature. 

h) Advertisements which are banned by the Government shall not be displayed.

Advertisements on public premises

a) No agency, without the permission in writing from the Competent Authority, shall erect, exhibit, fix or retain any advertisement by means of glow signs, illuminated establishment name boards, electronic displays, digital advertisement, back lit advertisements or any type of illuminated 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 on any floor of the premises. 

b) 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 B.M.C. Act, 1888. 

c) In case of continuation of offence, the action of removal of advertisement board will be initiated at the risk, costs and consequences of the Agency or Advertiser. 

d) The advertisement board permitted on Business Premises shall not project beyond the building line (i.e. plinth of the building) where the establishment exists as well as on the premises of the adjacent establishments. 

e) Business premises may be either by way of ownership or by way of tenancy / lease agreement on which the agency can erect / display / exhibit / retain advertisement relating to trade, profession, services rendered in the establishment. 

Types Of Advertisement On Business Premises 

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) 

e) Show Cases which is use for display of advertisement by any means which covered from three sided and visible from any street (Illuminated). 

f) Advertisement by Laser Projector (for specific events only). 

g) Advertisement on Construction Fence & inside the premises by means of glow sign boards/ LED etc. (Advertisement other than name of the project site will be treated as commercial advertisement and will be charged accordingly).

Procedure For Application For Advertisement On Business Premises

 a) The Applicant / Agency has to apply online for permission in the prescribed form as annexed at “Appendix-A” with B.M.C., addressed to the respective ward in whose jurisdiction the advertisement is proposed to be displayed.  

b) Applicant / Agency shall pay as applicable 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 B.M.C. 

Fees & Deposits For Advertisement Permits On Business Premises 

a) In case of grant of fresh permission, the Agency / Applicant shall make the payment within the period of 10 days on receipt of B.M.C.’s. Demand Letter.

b) If the Agency/Applicant fails to make the payment as mentioned in (a), a proportionate composition charge based on the monthly advertisement fees will be levied for any delay beyond 10 days.

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  B.M.C. Act 1888.

 d) On grant of permission, Applicant / Agency shall be 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 B.M.C.'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 25% 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 be 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 B.M.C. 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 charges on the 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 B.M.C. and thereafter if agency come forward to obtain the permission for advertisement, then regularisation charges equal to one year 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 the first date of the month thereby the advertiser / agency could not pay the advertisement fee and subsequently paid the advertisement fee then no composition charges shall be charged on advertisement fee.

 Duties And Responsibilities Of Permit Holder

 a) Aesthetically Design

 The permit holder shall ensure that the structure and the advertisement board are aesthetically designed, framed and properly maintained at all times.

 b) The Character or Appearance of the Area.

 Advertisements must align with the character and appearance of the locality. In residential areas, advertising is restricted to business premises and should be minimized to the greatest extent possible.

 c) The Character and Appearance of Buildings

 Advertisements fixed to buildings should be designed to suit the scale, proportions, period, architectural detailing, and use of the building. They must not harm the character of the building or obscure architectural features. Illumination will be resisted if it is considered harmful or detracting from the special interest of the building.

 d) Heritage Assets and their Settings

 Advertisements positioned on heritage buildings may also require permission from the Heritage Committee. Advertisements will be resisted if they are considered to harm the setting of heritage assets. Advertisements on heritage buildings require Heritage Committees consent, even where advertisement licence is not required, and must be designed and attached to the building with particular care. With heritage assets and their settings (including the setting and approaches to the World Heritage Sites and Art Decoratives) a stricter line will be taken on the design, materials, method of illumination, positioning, number, type and scale of advertisements allowed in order to protect special interest. In Heritage areas the Corporation will resist advertisements that fail to preserve or enhance the character or appearance of the conservation area. Without the NOC of the Heritage Committee any type of advertisement is not allowed.

 e) The permit holder shall ensure that advertisements of obscene (as defined in BNS 2024) nature or any other offensive message or in contravention of the provisions of section 328 / 328A of the B.M.C. Act 1888 shall not be displayed.

 f) The permit holder shall abide by the terms and conditions stipulated in the permission letter.

 g) In case of any accident, Advertisers shall be solely liable against all actions / suits / claims / damages and demand of any nature.

 h) Advertisements which are banned by the Government shall not be displayed.

 Structural Design / Erection Of The Advertisement Board On The Business Premises

 a) Agency / Applicant shall submit a detailed Structural Stability Report from the registered B.M.C. structural engineer along with the application if they intend to erect, exhibit, fix, retain or display the advertisement board more than 300 sq. ft. or if it is forming a sky-sign above 100 sq. ft.

 b) The name board should be restricted to the business premises only.

 Norms For Display Of Advertisements On Glass Facade

 a) Advertisement on glass facade can be permitted on Business Premises having glass façade is duly approved as per approved plan from Building Proposal Department.

 b) The advertisement on glass facade can be permitted on 50% of the glass facade.

 c) Illuminated / LED Display not allowed on Glass Facade.

 d) Applicant shall obtain prior permission for display of advertisement on glass facade if advertisement is by means of illumination, shall pay charges for the same as per schedule of fees.

 e) Permission of Glass facade shall be given subject to N.O.C. from Chief Fire Officer considering safety at large.

 Scrutiny 

a) Advertiser / Agency shall apply for grant of permission in prescribed form Appendix 'A' along with required documents in concerned ward along with the processing fee if applicable. 

b) For grant of permission for display of advertisement board size up to 200 sq. ft 

Upon receipt of Application for grant of permission to display an advertisement board with multiple boards having size up to 200 sq. ft. such application shall be assigned by Sr. Inspector (Licence) to concerned Inspector. 

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 in stipulated period. 

iii. Upon receipt of application, Sr. Inspector (Licence) of the ward shall either grant or reject the permission within the stipulated period. 

c) For grant of permission for display of advertisement board size above 200 sq. ft., to 400 Sq.Ft. 

Upon receipt of Application for grant of permission for display of advertisement board with multiple boards having size above 200 sq. ft., upto 400 Sq.Ft., such application shall be assigned by Sr. Inspector (Licence) to concern Inspector. 

Concerned Inspector shall visit the site and scrutinize the proposal so received strictly as per prevailing guideline and shall submit within stipulated period to Sr. Inspector (Licence). 

iii. Sr. Inspector (Licence) of ward who in turn shall forward the same within stipulated period to Asst Commissioner of ward with the specific recommendation either positively or negatively. 

Upon receipt of application, Assistant. Commissioner of ward shall either grant or reject the permission within the stipulated period. 

d) For grant of permission for display of advertisement board with multiple boards size above 400 Sq. Ft. 

Upon receipt of Application for grant of permission for display of advertisement board with multiple boards size above 400 Sq.Ft., such application shall be assigned by Sr. Inspector (Licence) to concern Inspector. 

Concerned Inspector shall visit the site and scrutinize the proposal so received strictly as per prevailing policy guideline and shall submit within stipulated period. 

iii. Sr. Inspector (Licence) of ward who in turn shall forward the same within stipulated period to Assistant Commissioner of respective ward with the specific recommendation either positively or negatively. 

The Assistant Commissioner shall forward the same to the Superintendent of Licence. 

Superintendent of License shall forward the same to DMC (in Charge of Licence Dept) for approval. 

Upon receipt of application, DMC (in Charge of Licence Dept) shall either grant or reject the permission within the stipulated period. 

e) In case of rejection of application, the competent authority shall for reason to be recorded in writing, refuse permission for grant of permit / permission.

 Transfer Of Advertisement Permit On Business Premises 

The advertisement permit can be transferred with the prior permission of competent authority and on payment of transfer fees, as prescribed by the BMC from time to time, subject to the submission of following: -

 a) Consent in writing from the holder of the 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, 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 holders shall pay the Transfer fee equal to one month advertisement fee. 

e) In case of Change in Constitution of Company / Partnership / LLP, documents such as indemnity bond and resolution or agreement. 

Disposal Of Appeal Applications 

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: -

 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 Joint / 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 fees as applicable 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 as far as possible shall dispose off the appeal within two months from the date of filing appeal in normal circumstances. 

GRANT OF PERMISSION FOR DISPLAY OF ILLUMINATED OR NON- ILLUMINATED ADVERTISEMENT RELATING TO ADVERTISEMENT OTHER THAN TRADE, PROFESSION, SERVICES RENDERED IN THE ESTABLISHMENT

A) This is only applicable for Handicapped (Divyang) PCO stall granted by B.M.C.

 a) This is permissible only for handicapped (Divyang) PCO stall granted by B.M.C.

 b) The procedure for grant of permission and other procedures are applicable as stated in Part II above. This type of permission will not be granted to non – HPCO stalls / premises.

 c) Size of advertisement board shall be restricted total 24Sq.Ft., to the size of HPCO stall. No advertisement on the top / roof of HPCO will be permitted.

 B) Commercial Advertisement on Business premises

 Commercial Advertisement on Business Premises not related to Trade Profession/ Services rendered in the same premises shall be permitted. Maximum width & height 10x10ft Horizontal x Vertical.

General Norms For Temporary Advertisements

 a) 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 buildings under repair, banners, boards, flags, direction boards.

 b) The application shall be made in the prescribed form (Appendix – A) to B.M.C. along with prescribed processing fees as applicable. In case permission is required for more than one ward, the application shall be made in the ward where the administrative office of the applicant agency is situated and the same will be processed as per the procedure laid down in the policy guideline.

 c) An agency displaying advertisement / sky sign or advertisement without seeking permission of the Competent Authority or in contravention of these guidelines, will be committing offence punishable under section 328A read with 471 of the B.M.C. Act, 1888. Such advertisements shall be removed by B.M.C. at the risk, cost and consequences of the Agency.

 Types Of Temporary Advertisements.

 a) Banner

 b) Board

 c) Flag

 d) Advertisements on Mobile Vehicle (Parked / Moving)

 e) Advertisements by means of Laser / Digital Display / Video Displays specifically for the events.

 f) Wall Painting.

 g) Advertisement on under repairing of building or under construction building by means of Wrap.

 h) Floating Balloons

 i) Advertisement on moving Cars / Taxi by means of illuminated.

 j) Advertisement on moving vehicles displayed by stickers by means of non-illuminated on Taxi/ Buses etc.

 Procedure For Application For Temporary Advertisements

a) The applicant agency shall apply for permission in the prescribed form as per “Appendix-A” with B.M.C., in the ward in which advertisement is proposed to be displayed.

 b) Applicant / Agency applying for advertisement on building under construction site on private land shall pay processing fees if applicable along with the application form duly filled in Auto DCR of Chief Engineer (Development Plan). 

c) In case planning authority S.R.A. / MHADA / MBPT / PWD, the respective agency shall be apply for advertisement permission on building under construction in the respective ward along with requisite documents. (As per Appendix ‘A’) 

The Applicant / Agency shall submit self-attested documents. However, original documents shall be submitted for verification as and when demanded by B.M.C.3.4 

 Norms For Grant Of Advertisement Permission On Construction Fence And Building Wrap, Related To The Project (No Commercial Advertisement)

 a) Advertisements of any sizes shall be allowed on Construction Fence / Open land / Wall / Scaffolding / or on above any other equipment of the building under construction, after taking due permission from Competent Authority.

 b) Advertisement boards shall be placed on available permitted spaces of construction fences.

 c) It shall be the responsibility of the applicant / agency to remove the advertisement boards, on completion of the project, failing which intimation will be sent to Building Proposal department for refusal to issue Occupation Certificate.

 d) Temporary advertisement on construction fence can be granted upto validity of Commencement Certificate or RERA Registration Validity. The minimum period is one year and the said permission shall be renewed for the maximum period upto the project completion date mentioned in the RERA Registration Certificate.

 e) In case, the building under construction is on the land of S.R.A. / M.M.R.D.A./

 M.H.A.D.A. / M.B.P.T. / P.W.D., in such cases application shall be submitted to Sr. Inspector of licence department of concerned ward. However, in cases, where B.M.C. is planning authority (plans approved by the BMC), the permission shall be granted by the Building Proposal department of B.M.C., in AutoDCR.

 f) Advertisement of any size, on Construction Fence / Open land / Scaffolding / or on above any other equipment of the building under construction, by means of illuminated / non-illuminated displays, i.e. Glow Sign/ digital displays shall be allowed till the completion of the project.

 g) The advertisement fees shall be accepted in Miscellaneous Head.

 h) The applicant must display only the advertisement for which permission has been granted.

 Fees & Deposits For Temporary Advertisement

 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 permit holders to apply one month prior to expiry of permit in order to renew the permit before its expiry date. In case if the permission is not renewed before the date of its expiry, it shall stand cancelled / revoked.

 g) If Agency displayed advertisement without prior permission of Municipal Commissioner / Competent Authority of BMC and thereafter Agency come forward to obtain the permission for advertisement, in such cases regularization 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).

 DUTIES AND RESPONSIBILITIES OF PERMIT HOLDER

 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 BNS 2024) or in contravention of the provisions of section 328 / 328A of the M.M.C. 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 holders shall abide by the above terms and conditions stipulated in the permission letter.

 e) In case of any accident, Advertisers shall be solely liable against all actions / suits / claims / 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.

SCRUTINY

 a) Advertiser / Agency shall apply for grant of permission in prescribed form Appendix 'A' along with required documents in concerned ward along with the processing fees as applicable.

 b) For grant of permission for display of advertisement board size up to 200 sq. ft.

 Upon receipt of Application for grant of permission to display an advertisement board having size up to 200 sq. ft. such application shall be assigned by Sr. Inspector (Licence) to concerned Inspector.

 Concerned Inspector shall visit the site and scrutinize the proposal so received strictly as per prevailing guidelines and shall submit with specific recommendation either positively or negatively for approval within stipulated period to Sr. Inspector (Licence).

 iii. Upon receipt of application, Sr. Inspector (Licence) of the ward shall either grant or reject the permission within the stipulated period.

 c) For grant of permission for display of advertisement board size above 200 sq. ft.

 Upon receipt of Application for grant of permission for display of advertisement board having size above 200 sq. ft., such application shall be assigned by Sr. Inspector (Licence) to concern Inspector.

 Concerned Inspector shall visit the site and scrutinize the proposal so received strictly as per prevailing guideline and shall submit within stipulated period to Sr. Inspector (Licence)

 iii. Sr. Inspector (Licence) of ward who in turn shall forward the same within stipulated period to Asst Commissioner of ward with the specific recommendation either positively or negatively.

 Upon receipt of application, Asst. Commissioner of ward shall either grant or reject the permission within the stipulated period.

 d) In case of rejection of application, the competent authority shall for reason to be recorded in writing, refuse permission for grant of permit.

 GRANT OF PERMISSION FOR DISPLAY OF BANNERS / BOARDS / FLAGS ETC.

 a) This policy will be applicable for grant of permit for display of advertisement by means of Banners/ Boards/ Flags visible from any street.

 b) No agency, without the permission in writing from the Municipal Commissioner/ Competent Authority of BMC, shall erect, exhibit, fix or retain any advertisement by means of Banners / Boards/ Flags, the norms guiding the grant of permission will be as detailed in this section.

 c) An agency displaying advertisement through Banner / Boards/ Flags, without seeking permission of the Competent Authority and in contravention of these guidelines, will be committing offence under section 328 / 328(A), punishable under section 471 of the B.M.C. Act, 1888 as well as under The Maharashtra Prevention of Defacement of Property Act, 1995.

 d) No permission shall be granted on the premises of Corporation/ Government / Public places / roads however, exemption can be considered for certain events by the 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 landowner / House owner / Society. In the event where flat / premises is occupied by someone 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 as applicable.

 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 B.M.C 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 B.M.C. and the Security Deposit lying with B.M.C. 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 offices located in private premises and no permission is required for display of such advertisement.

 l) Board displaying information regarding name of the project, duration of project, name of contractor, name of Member of Parliament/Member of Legislative Assembly/Councillors and constituency can be displayed. However, no photographs/pictures of Member of Parliament/Member of Legislative Assembly /

 Councillors shall be displayed.

 m) Applicant / agency shall pay ground rent and advertisement fee if the banner / board displayed on B.M.C road / land.

 GRANT OF PERMISSION FOR DISPLAY OF BANNERS / BOARDS / FLAGS ETC DURING GANESH CHATHURTHY AND NAVRATRI

 Permission for display of commercial / social / political advertisements by means of Banners/ Boards / Flags on pandals for religious festivals will be permitted considering the circular issues by BMC from time to time.

 No permission is required for display of illuminated / non illuminated Banners / Boards in the premises of B.M.C., Central Government, State Government, Semi-Government Authorities for display of their Names / Civic messages.

 BANNER POLICY DURING ELECTION CODE OF CONDUCT

 a) Following point no.1 to 4 are the set of norms of Model Code of Conduct (MCC) pertaining to display of Flags, Banners during the General Election of Lok Sabha/Vidhan Sabha/Corporation.

 All the Assistant Commissioners / Sr. Inspector (Licences) are hereby directed to note the following instructions while permitting display by means of Flags, Banners, Hoardings during the General Election of Lok Sabha/Vidhan Sabha/Corporation.

 Set of Norms of MCC:

 Use of schoolground / public property: –

 Use of maidan/parks/playground on equitable basis,

 Use of space in public properties for wall writing, displaying election material/banners/ flags/hoardings prohibited, State transport buses/ government owned vehicles shall not be used for political advertisement.

 Party flags / banners at private residence/vehicle: –

 Maximum 3 flags of a party/candidate to be displayed. If someone wants to display flags of more than one party or candidate, it should be restricted to only one flag of each party/candidate.

 On vehicles, one flag of maximum size of 1 ft. X ½ ft. with a pole/stick of not more than 3 ft., allowed.

 No banner allowed on any vehicle. During the road show, a banner of maximum size of 6 ft. X 4 ft. allowed to be carried out with hand.

 1 or 2 small stickers of appropriate size permitted on a vehicle.

 No spot focus /flashing/searchlight /hooter allowed on a vehicle.

 Defacement of private property: -

 Flag/banners in private premises with voluntary permission of the occupant.

 Where specific state /local law exists, provisions of the same will be applied.

 On private vehicles, flags and stickers can be put by the owner in the manner, they do not cause any inconvenience to other road users.

 On commercial vehicles, display of election material is not permitted, unless the vehicle is validly being used for election campaigns.

 Temporary campaign office of political parties/candidates: -

 Not to be setup in an encroached property

 Not to be opened in a religious place

 Not to be in a place contiguous to any hospital/educational institution

 Not to be within 200 meters of an existing polling station

 Only one-party flag/banner with party symbol/photograph to be displayed at such office

 Size of banner shall not exceed 4 ft X 8 ft subject to condition of local laws.

 Expenditure observer to monitor and book expenditure in the account of the candidate.

 General Instructions: -

 In general display of advertisement by means of Flags, Banners, Hoardings by any candidate or any political party in public places shall not be allowed during ensuing the General Election of Lok Sabha/Vidhan Sabha/Corporation.

 The Flags, Banners displayed on the offices of political parties / candidates in private premises may be allowed subject to the following conditions: -

 That the Applicant / Candidate shall obtain voluntary permission of the occupant.

 That the Applicant / Candidate shall pay the scheduled charges i.e. advertisement fees and security deposit at prevailing rate.

 iii. Posters, flags, symbols or any other propaganda materials shall not be displayed in the place being used on the day of poll for distribution of identity slips or near polling booths.

 That the Applicant shall remove the permitted display object after expiry of such permit.

 b) The candidates contesting election, or any political party can display advertisements pertaining to the elections by hiring the hoardings which are duly permitted by BMC in private premises. However, such type of display by the candidates or political parties shall not be permitted on the hoardings which are erected on public properties like the Municipal or Government land belonging to the Collector, MHADA, Railway Authority, PWD, MSRDC, Airport Authority, BEST Undertaking and any other public body.

 c) No banner allowed on any vehicle. During the road show, a banner of maximum size of 6 ft. X 4 ft. allowed to be carried out with hand. As per Motor Vehicle Act and Rules, RTO permission is required to display any advertisement on any vehicle. Also, the

 Election Officers are required to monitor use of vehicles by any candidate or political party. Therefore, permission to display advertisements by way of banners/posters on any vehicle permitted by RTO can be issued and ward should intimate the vehicle permission given to the officer of Returning concerned. The vehicle permission on poll day may be given by the Returning officer concerned.

 d) Display of flags / banners / hoardings by any political candidate or any political party shall not be permitted on the public properties such as existing Bus Queue Shelters,

 ADP Pillars, Canti

 e) levers, Kiosks, Electric poles or any other structure of the BEST Authority on Municipal roads.

 f) Whenever permission in accordance with the aforesaid restrictions is granted, necessary advertisement fees as per the prescribed schedule be charged.

 g) Non-compliance of these directions by any individual candidate or political party shall be liable for action under the provisions of Maharashtra Prevention of Defacement of Property Act, 1995 and Section 328/328A read with section 471 of the BMC Act, 1888; BNS 2024 and BNSS 2024.

 h) The report of permission granted along with action taken if any against unauthorized display of flags / banners / hoardings or any advertising materials shall be submitted to the Model Code of Conduct Cell and Superintendent. Of Licences.

 i) The above directions be followed scrupulously by all the Assistant. Commissioner of Wards and Sr. Inspector (Licence).

GENERAL POLICY GUIDELINE FOR DEVELOPMENT AND MAINTENANCE OF CENTRAL MEDIANS, TRAFFIC ISLANDS, STRIP GARDENS, PUBLIC TOILETS, ETC. THROUGH SPONSORS.

 a) Assistant Commissioners shall consider the proposal from registered Companies, Scheduled Banks, Financial Institutions, Real Estate Developments or major commercial establishments.

 b) The eligible sponsor shall construct and / or maintain the Central Medians, Traffic Islands, Strips Gardens, etc. in civil as well as horticulture aspects.

 c) The selection of the eligible sponsors shall be done on “first-come-first serve” basis.

 d) The sponsors shall be allowed to display sponsorship boards of size 12” x 18” and it should clearly display the logo of B.M.C. along with the name of sponsors and B.M.C back-to-back. In the case of Central Medians, distance of 30 metres. should be kept between two sponsorship boards of one foot by one & half feet. In case of traffic islands, a maximum of 4 nos. of sponsorship boards will be allowed to be placed in the island.

 e) The sponsorship agreement for the development and maintenance of Central Medians, Traffic Islands, Strip Gardens, etc. shall be executed through Assistant Commissioner of concerned ward.

 f) All such permissions for illuminated or non-illuminated boards will be granted by Asst. Commissioner of ward and no advertisement fee is payable.

 The Maharashtra Prevention Of  Defacement Of Property Act, 1995.

 As per section 2(b) of The Maharashtra Prevention of Defacement of Property Act, 1995;

 “DEFACEMENT” includes impairing or interfering with the appearance or beauty, damaging, disfiguring, spoiling or injuring in any way whatsoever and the word “deface” shall be construed accordingly.

 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, --

 is exhibited with the written permission of the local authority having jurisdiction over such areas on this behalf.

 is exhibited within the window of any building if the advertisement relates to the trade, profession or business carried on in that building.

 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.

 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.

 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.

 ADVERTISEMENT PERMISSION OF HOARDINGS AND ADVERTISEMENT ON OTHER THAN BUSINESS PREMISES

 GENERAL NORMS FOR ADVERTISEMENT PERMISSION OF HOARDINGS

 a) 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

 B.M.C. Act, 1888.

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

 c) If Applicant / Agency intend to change the size of existing hoarding then the same shall not be considered as new proposal and in such case, following documents are required to be submitted along-with application.

 Specific remarks from Building & Proposal department 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.

 No Objection Certificate from traffic branch of Mumbai Police for illumination of hoarding.

 iii. Fresh Structural Stability Report from B.M.C. registered structural engineer.

 Insurance of each hoarding shall be taken for Rs 5 lakhs to 1 Cr considering location of hoarding where at pedestrian and vehicle movement criteria will be considered while deciding insurance amount in case to case. Non-renewal or non-submission insurance certificate of each hoarding will amount to violation of hoarding and action will be initiated as per the provision of BMC Act 1888.

 No Objection Certificate from landlord or society.

 Certificate from Approved Architect certifying that distance criteria between two hoardings are as per the prevailing norms i.e. 70 meters distance between two hoardings.

 Types Of Advertisement On Other Than Business Premises

 i) HOARDING ON GROUND

 a) Size- Hoardings / Sky-signs on ground

 b) Hoardings or sky-signs on ground across the city shall be allowed in the following sizes as well: 10’x10’, 10’x15’, 10’x20’, 20’x10’, 20’x20’, 20’x30’, 20’x40’, 30’x10’, 30’x20’, 30’x30’, 30’x40’, 40’x20’, 40’x30’ and 40’x40’ in vertical x horizontal manner.

 c) The hoarding on ground may be permitted as a single sided and back-to-back and 'V' shape only.

 d) The size of hoarding on, back-to-back and 'V' shape shall not vary.

 ii) HOARDING ON TERRACE

 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 on the west coast 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) No new hoarding shall be permitted either on terraces / rooftops.

 b) Upon the expiration of the authorized period of the existing rooftop or terrace hoardings, the decision will align as per the outcome of W.P.(L) 2869 of 2014 in the High court. Henceforth, no additional permissions for hoardings on rooftops or terraces will be granted.

 c) However, permit can be revoked / cancelled on following ground-

 Hoarding projecting beyond building line i.e. Plinth line of the building.

 On the building of archaeological, architectural, aesthetical and historical importance as per relevant rule of Development Control Rules for Greater Mumbai.

 iii. Building on which hoarding is erected and declared / classified in ‘dilapidated’ category i.e. C-1, C-2(A).

 iii) DIGITAL / LED / LCD / ELECTRONIC

 a)Digital / LED / LCD / Electronic display hoardings of all sizes can be permitted subject to No Objection Certificate from Traffic Branch of Mumbai Police.

 b) Digital / LED / LCD / Electronic Display hoarding can be permitted on ground.

 c) For promotion of Digital Technology, all existing Advertisement hoardings can be converted into Digital Hoarding with prior approval of Competent Authority and specific NOC from Traffic Branch of Mumbai Police.

 d) Flickering advertisements are not permitted.

 e) Digital / LED / LCD / Electronic shall be switched off at 11 pm.

 f) Automatic timer shall be fixed to switch off the illumination as specified in condition

 (e) above.

 g) Structural Stability Report from registered B.M.C. structural engineer shall be submitted while converting existing advertisement hoardings into digital advertisements.

 h) No objection certificate shall be submitted from landowner / Society for conversion of existing display into digital displays.

 i) Digital / LED / LCD / Electronic \ Display hoardings shall have equal amount of advertising fees as per schedule of fees in force.

 iv) LASER SHOW (in case of events only)

 a) Laser show can be permitted on available dead wall/ sky subject to No Objection Certificate from Traffic Branch of Mumbai Police.

 b) No objection certificate shall be submitted from landowner / Society or premises where the event is conducted.

 c) Laser show permissions shall be granted for specific event purpose with the sanction of Deputy Municipal Commissioner (Special), in charge of Licence dept only.

 d) Automatic timer shall be fixed to switch off the illumination as specified in condition (iv (1) (f)) above.

 ADVERTISEMENT MOUNTED ON VEHICLES (PARKED)

 a) Advertisements can be allowed by means of single and double advertisement boards or panels mounted on vehicles and the same shall be parked at location in private premises, however, 70 mtrs. distance norms will be followed, if the agency intends to display another mobile hoarding in the same premises for a display of advertisements subject to No Objection Certificate of traffic branch of Mumbai Police and Regional Transport Office.

 b) The distance criteria of 70 meters shall be applicable between parked vehicle mounted hoarding and hoarding on land. The minimum distance not applicable on land/road/other properties of BMC for display of civic messages. Stationery vehicles: 30 m from any other OOH).

 c) The permission can be granted for illumination or non- illumination advertisement for display of board maximum up to height of 10 feet and width of 20 feet.

 d) Advertisements can be panel displays or backlit.

 e) Advertisements on vehicles parked on footpaths / carriageway / roads shall not be allowed.

 f) The vehicles utilised for display of advertisements shall always be in good operational condition.

 ADVERTISEMENT AFFIXED ON VEHICLES (MOVING)

 a) Single- or double-sided advertisement board affixed by means of sticker on side panel or behind and glow sign/digital display on top of the light motor vehicle/heavy vehicles or any other vehicle duly registered under Motor Vehicle Act, in a manner that the advertisements draw visibility while the vehicle is driven on the road as specified in No Objection Certificate of traffic branch of Mumbai Police.

 b) Advertisement on the bus panel of BEST undertaking will be allowed, however, 20% amount of contract value or advertisement fees whichever is higher shall be payable in lieu of advertisement schedule fee.

 c) Other than B.E.S.T. Undertaking, other private agencies shall pay advertisement fee as per schedule for display of advertisements on their vehicle with prior permission of B.M.C.

 ADVERTISEMENT BOARD ON FLYOVER BRIDGES / ADVERTISEMENT BOARD ON SIDES AND PILLARS OF SKY-WALK AND FOOT-OVER BRIDGES OF MMRDA / MSRDC / PWD / BPT / MUMBAI METRO RAIL CORPORATION / MUMBAI MONORAIL CORPORATION, ETC.

 In accordance with the directives issued by the Ministry of Road Transport & Highways, an ISO 9001:2008 Certified Ministry S&R (R) Zone, the placement of any form of advertisement within the Right of Way on the National Highway (in this case Western Express Highway and Eastern Express Highway) is strictly prohibited. No hoarding shall be projected on the footpath / Right of way/ roadway/traffic island.

 The existing hoarding permits in the ROW issued by M.S.R.D.C. / M.M.R.D.A/ PWD / BPT / MUMBAI METRO RAIL CORPORATION / MUMBAI MONORAIL

 CORPORATION, or any other Government Agency will not be renewed upon the expiration of BMC permission.

 Gantries shall be used exclusively for the purpose of displaying direction boards by road authorities and no commercial hoarding/advertisements will be allowed as per directives issued by the Ministry of Road Transport & Highways, Finos. RW/NH- 33044/18/2016/S&R (R) dated 07.09.2016 and Urban Development Department, MGC/G/4802 dated 24.05.2024.

BUS QUEUE SHELTERS

 a) Advertisement at the front and rear side of Bus Queue` Shelter can be allowed.

 b) Advertisement on Bus Queue Shelter can be allowed in any size as per the design approved by the concerned authority (BEST & MSRTC). Such advertisement shall not be beyond the size of the bus queue shelter. No advertisements on Kiosks, Lollypop, etc. shall be given along with the permission for advertisements on Bus Queue Shelter. Digital Advertisement can be permitted subject to NOC from Traffic Department of Mumbai Police. The cut-outs shall not be allowed.

 KIOSKS

 a) Advertisement on existing kiosks used for the providing information is allowed and no new kiosks are permitted on footpath/ROW.

 b) The existing permission granted for kiosks shall be continued till the permission/ renewal period granted by BMC.

CANTILEVER

 The following type of advertisement shall not permitted henceforth:

 Cantilevers

 Gantry

 iii. Advertisement on Bicycles/ Tricycles

 a) The existing permission shall be revoked if any such cantilever is found violating the rules laid down in this policy.

 b) The existing permission granted for cantilever shall be continued till the permission/ renewal period granted by BMC.

 c) Cantilevers projection within carriageways is strictly prohibited.

COMPOUND WALL

 Advertisement on compound walls of residential premises shall be permitted as per advertisement on business premises section 2.1 .

 RESTRICTIONS

 a) No illuminated / Digital / LED / LCD advertisement hoarding shall be permitted without NOC from the Traffic Police Department. Traffic Police Department NOC once issued shall be treated as permanent, unless it is specifically revoked by Traffic Police Dept with prior intimation to BMC Licence dept.

 b) 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 Development Control Regulations of Greater Mumbai (DCR) including public recreation grounds, playgrounds, parks and Gardens. However, the permission for erection and display of hoarding can be given after specific remarks from Building & Proposal dept certifying that, the subject proposed hoarding does not fall in compulsory open space.

 d) No hoarding shall be permitted which would obstruct the light or ventilation of any premises. However, the permission for erection and display of hoarding can be given after specific remarks from Building & Proposal dept certifying that, the light and ventilation will not affect after the erection of proposed hoarding.

 e) No hoarding shall be permitted on Parking plots, Public Playgrounds, Structures / Buildings in Heritage Precincts, Buildings of Archaeological, Architectural, Aesthetical, and Historical or Heritage importance, inside mangrove areas.

 f) No hoardings can be permitted in private premises in case of hoarding in / on Listed Heritage Building, Buildings in Heritage precincts or Buildings with heritage importance, without NOC from Mumbai Heritage Conservation Committee (MHCC).

 g) No hoardings shall be permitted in Coastal Regulation Zone Area, without 'No Objection Certificate' from Maharashtra Coastal Zone Management Authority.

 h) No hoarding shall be permitted within the funnel area i.e. take-off and landing area of airport without NOC from Airport Authority of India. The height of the hoarding shall be certified by the registered Architect or Licenced Surveyor specifying the height given in No Objection Certificate by aviation department for above sea level and above ground level.

 i) No hoarding shall be permitted near high tension wire.

 j) To avoid clustering / mushrooming of the hoardings, minimum distance criteria shall be:

 No new hoarding shall be permitted having distance less than 70 meters.

 Existing permitted hoardings (Except hoardings specifically prohibited as per the new policy) having distance less than 70 meters will not be renewed upon expiry of the existing permission.

 iii. The distance criteria shall be fulfilled in such a manner that the proposed OOH advertisement media does not obstruct the view of any other existing OOH advertisement media up to a distance of 70 meters.

 This criteria shall not be applicable for any OOH advertisement media erected by BMC on land/road/other properties of BMC for display of civic messages.

 This distance will be measured from outer edge of the hoarding.

 In case of new permission, the distance between existing hoarding and new proposed hoarding the distance shall not be less than 70 meter between these hoardings, even those hoarding and existing hoarding facing two different direction on the same alignment of the road. (70-meter criteria should be strictly followed).

 vii. Restrictions of 70-meter criteria between two hoardings shall not apply to back-to-back / V shape hoarding.

 viii. For grant of new permission at the back side of existing permitted hoardings, the subject hoarding should comply the condition of minimum distance of 70 metres norm.

 k) The lower bottom of the edge of hoarding board shall not be less than 3.60 meters (12 ft) from ground level.

 l) The colour used on hoardings shall not have any resemblance with the colour of traffic signals 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.

 m) In accordance with the directives issued by the Ministry of Road Transport & Highways, an ISO 9001:2008 Certified Ministry S&R (R) Zone, the placement of any form of advertisement within the Right of Way on the National Highway is strictly prohibited. No hoarding shall be projected on the footpath / Right of way/ roadway/traffic island. Upon the expiration of the authorized period for existing permissions, these structures will be systematically phased out.

 n) 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 / landlord.

 o) No hoarding shall be permitted above 100 feet height from the surface of the ground. The height of hoarding will be measured from surface of ground below the hoarding.

 p) No new hoarding shall be permitted within 50 meters around the statues of historical/national importance personalities.

 q) No hoarding shall be permitted within 25 meters from the stop line of each approach road facing the hoardings erected on the ground level from each signal at traffic junctions; drawing enclosed.

 r) Illumination of all the advertisements shall be switched off at 11.00 PM by connecting an automatic timer device in an electric circuit for illumination of hoarding.

s) In case of an 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.

t) All pending proposals for new hoarding will be processed as per the new policy guidelines only.

u) Permission for increase or decrease in size or shifting of hoarding, which are affected by government project can be allowed similarly permission for any addition, modification in existing hoarding can be allowed only if subject hoarding is in compliance with all provisions of Policy Guideline and there is no litigation such permission shall be granted at the level of Jt. MC/DMC (Spl), in charge of licence dept.

v) In case of application for new hoarding on the back side of the existing hoarding, permission can be granted only if existing hoarding is in compliance with all provisions of Policy Guideline and there is no litigation of any kind about that hoarding.

Documents To Be Submitted With Application For Advertisement Through Hoardings, Balloons, Etc.

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

a) NOC from the Landlord of the land / building on 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, a 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 and severally be liable to pay to the Estate Department of the Corporation, extra ground rent as laid down on this 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 50 meters from the proposed site with marking of the proposed hoarding thereon.

i) Two copies of the location plan indicating presence of any other hoarding within 70 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 Traffic Police Dept., if the advertisement is to beilluminated.

k) NOC from the Civil Aviation Department of the Government of India wherever it is necessary.

l) The structural design / plan along with structural design calculations approved by a Licenced structural engineer.

m) The Structural Stability Report from a Licenced Structural Engineer of the Hoarding Structure.

n) No hoarding shall be permitted near high tension wire.

o) The agency applying for the permission shall submit an undertaking that they have paid property tax and other taxes and dues of B.M.C., and in the event non- payment of taxes the permit granted liable for revocation.

Norms For Issuance Of Noc For Erection Of Advertisement Hoardings / Boards

 a) An agency / advertiser shall erect the hoarding within a period of 90 days from receipt of “No Objection Certificate” by the B.M.C.

b) Advertiser / agency shall intimate before display of advertisement to concerned Sr. Inspector along with Structural Stability Report certifying that the hoarding is erected as per design and plan submitted at the time of granting permission.

c) The advertiser / agency must get an adequate insurance coverage to the loss of life / property due to any mishap due to hoarding structure. The insurance validity must be for 2 years. Insurance of each hoarding shall be taken for Rs 5 lakhs to 1 Cr location of hoarding where at pedestrian and vehicle movement criteria will be considered while deciding insurance amount in any case. Non-renewal or non-submission insurance certificate of each hoarding will amount to violation of hoarding and action will be initiated as per the provision of BMC Act 1888. The advertiser/ agency shall give bank guarantee to the amount    so as to ensure recovery of advertisement fees case to case advertiser/ agency failed to pay BMC dues i.e. advertisement fees.

d) 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.

e) In the event, if applicant advertiser does 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 a 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 a period of 180 days, applicant advertiser shall apply afresh.

f) On grant of permission, the agency shall pay the advertisement fee on monthly basis along with security deposit, which is equivalent to one month's 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.

g) 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 holders shall pay composition charges equivalent to 25% of the total outstanding amount of the advertisement fee.

h) 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, the 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 25 % composition on outstanding amount of advertisement fee and fresh security deposit equivalent to one month advertisement fee.

i) 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.

j) If advertisement is found displayed without prior permission of Municipal Commissioner / Competent Authority of B.M.C and thereafter if agencies come forward to obtain the permission for advertisement, then regularization charges equal to one year advertisement fee shall be recovered in addition to schedule fees as stated above at Sr. No.(f). (Permit shall be granted from the date of first detection of display/ actual display of advertisement board).

Fees & Deposits For Advertisement Hoarding Permits

a) On grant of permission, the agency shall be 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 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 permits, if the payment is delayed beyond the period of 30 days from the date of receipt of demand letter, composition charges equal to 25 % of the proportionate monthly advertisement fees for every month of delay will be levied. If payment is not done within 30 days from the date of receipt of the demand letter the application for grant of permission shall be cancelled and the same shall be communicated to the applicant.

c) The advertisement licence fee (i.e. Advertisement schedule fees) shall be increased by 10% every year.

 Norms For Forfeiture Of Security Deposit For Violations By Permit Holder

 Advertiser/ Agency if found violating any condition of the policy guidelines the action will be initiated as per the provision of BMC Act 1888 and the security deposit lying with BMC shall be forfeited and advertiser/ Agency shall pay fresh security deposit within 15 days.

 Scrutiny Of Application For Advertisement Hoarding

 a) Advertiser / Agency shall apply for grant of permission in prescribed form Appendix -

 'A' along with required documents as shown in Appendix in concerned ward along with the processing fee as applicable.

 b) Upon receipt of the application, Advertisement Inspector / Sr. Inspector (Licence) shall visit the site within the stipulated period and submit the same to Asst. Commissioner of the ward who in turn shall forward the same within stipulated period to Superintendent of Licence with their specific recommendation either positively or negatively.

 c) Upon receipt of the proposal, Superintendent of Licences shall assign the proposal to Jt. Superintendent of Licences / Dy. Superintendent of Licences / Asst. Superintendent of Licences. Concerned shall scrutinize the proposal independently within the stipulated period and submit the same to the Superintendent of Licences.

 d) Superintendent of Licences in turn shall further scrutinize the proposal so received strictly as per prevailing guideline and shall submit the same to Jt. / Dy. Municipal Commissioner, in charge of the licence department, within a stipulated period.

 e) Upon receipt of proposal Jt. M. C. / Dy. Municipal Commissioner in charge of the Licence Department shall submit the proposal to the Additional Municipal Commissioner with recommendation either for approval or rejection within the stipulated period.

 f) Upon receipt of proposal Additional Municipal Commissioner in charge of Licence Department shall either approve / reject the proposal within stipulated period.

 Transfer Of Advertisement Hoarding Permit

 The advertisement hoarding permit can be transferred with the prior permission of Competent Authority and on payment of transfer fees, as prescribed by the B.M.C. in schedule of fees which is revised from time to time, subject to document shown in Annexure A and following:

 a) Consent in writing from the Agency i.e. the holder of the 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 a tender floated by B.M.C., BEST, MMRDA, MSRDC or any other Government authority, in such cases, the permit will be transferred in the name of the successful bidder without written consent from the existing permit holder.

 c) 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.

 d) Affidavit indemnifying the Municipal Commissioner from all other claimants shall be submitted.

 e) In case of transfer through sale, the sale / purchase document and Indemnity Bond from purchaser, indemnifying Corporation from all claims.

 f) In case of change in constitution, documents such as indemnity bond, resolution or agreement shall be submitted.

Revenue Sharing

 a) Revenue sharing between M.S.R.D.C. / M.M.R.D.A/ PWD / BPT / MUMBAI METRO RAIL CORPORATION / MUMBAI MONORAIL CORPORATION/BEST, or any other Government Agency and BMC shall be 50:50 in addition of the corresponding licence.

b) Advertising agencies desirous of erecting any OOH advertising media on the land premises of other public authorities must obtain a valid permit from BMC.

 In case land belongs to another government or semi-government organisation and such organisations are willing to allow/permit display of advertisement, it must be ensured that all necessary written permission are taken from the corporation before floating of any tender.

 Roads developed by M.S.R.D.C. / M.M.R.D.A/ PWD / BPT / MUMBAI METRO RAIL CORPORATION / MUMBAI MONORAIL CORPORATION/BEST, or any other Government semi Authority and if it is not handed over Brihanmumbai Municipal corporation then revenue sharing on by M.S.R.D.C. / M.M.R.D.A/ PWD / BPT / MUMBAI METRO RAIL CORPORATION / MUMBAI MONORAIL CORPORATION, or any other Government semi Authority by floating tender for awarding display rights then 50: 50 proportion of revenue on by M.S.R.D.C. / M.M.R.D.A/ PWD / BPT / MUMBAI METRO RAIL CORPORATION / MUMBAI MONORAIL CORPORATION/ BEST, or any other Government semi Authority shall be share with Brihanmumbai Municipal corporation and when road is handed over to Brihanmumbai Municipal Corporation then 100% revenue sharing to BMC ( advertiser/agency shall pay revenue sharing in addition to the advertisement fees) except restrictions as applicable.

 iii. The respective concerned organisation through the advertiser will have to share with the BMC as prescribed in the fee schedule agreed between the authorities.

 It should also be ensured that the awarded contracts are not allowed to continue beyond the contractual period. Any contract which is in contravention to this policy should be allowed till the permission/ renewal period granted by BMC.

 Above mentioned revenue sharing is exclusive of the corresponding license fee as per the schedule of fees amended from time-to-time and applicable taxes payable to Municipal Corporation.

 c) Roads developed by M.S.R.D.C. / M.M.R.D.A/ PWD / BPT / MUMBAI METRO RAIL CORPORATION / MUMBAI MONO RAIL CORPORATION/ BEST, or any other Government Agency. and other Government Authorities and if it is handed over to B.M.C then revenue sharing earn by M.S.R.D.C. / M.M.R.D.A/ PWD / BPT / MUMBAI METRO RAIL CORPORATION / MUMBAI MONO RAIL CORPORATION/ BEST, or any other Government Agency by floating tender for awarding display right then 50:50 proportion of revenue earn by MMRDA / MSRDC Ltd. and other Government Authorities shall be shared with B.M.C and after 10 years if the road is handed over to B.M.C then 100% revenue sharing to B.M.C (Advertiser/ agency shall pay revenue sharing in addition to the advertisement fees) except restriction as given in clause 4.3. B.M.C shall have 50:50 revenue sharing with

 M.S.R.D.C. / M.M.R.D.A/ PWD / BPT / MUMBAI METRO RAIL CORPORATION

 / MUMBAI MONO RAIL CORPORATION/ BEST, or any other Government Agency if road is handed over to BMC.

 d) No revenue sharing will be insisted on for advertisements inside MonoRail/Metro rail Stations if those advertisements are not visible from Municipal / Public roads.

 e) The NOC from Traffic Police will be insisted on from the applicant for allowing advertisements on Monorail / Metro rail poles and beams.

 f) The permission will be issued only after payment of 50 percent of the tender/ premium amount by the advertiser in the B.M.C’s exchequer.

g) The advertiser will have to make payment of advertisement fees as approved by the Standing Committee /Corporation separately and the payment of advertisements fees will not be waived in lieu of payment of revenue sharing amount in the form of premium / tender amount.

 h) Such permissions will be given to only those advertisers who have been selected by

 M.S.R.D.C. / M.M.R.D.A/ PWD / BPT / MUMBAI METRO RAIL CORPORATION

 / MUMBAI MONORAIL CORPORATION/ BEST, or any other Government Agency.

 i) MSRDC/ Government agency may allow beautification works under their flyovers to any corporate house after approval from B.M.C. Such proposals shall be routed through Ward A.C.’s who should certify that the area below flyover requires beautification. The Corporate house can display their name and logo along with

 B.M.C logo on 12”x18” display board (non-illuminated) without any commercial advertisement. Such a board will not attract a licence fee.

Floating Of Advertisement Tender

w) M.S.R.D.C. / M.M.R.D.A/ PWD / BPT / MUMBAI METRO RAIL CORPORATION

 / MUMBAI MONORAIL CORPORATION/ BEST, or any other Government Agency shall float advertisement tender after taking concurrence / NOCs from B.M.C Licence department. regarding compliance with policy guidelines. This NOC shall be issued by Jt. .MC /D.M.C.(Special) in charge of Licence Department.

 DUTIES AND RESPONSIBILITIES OF PERMIT HOLDER AGENCY

 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 at least once in a two years or as advised by a registered structural engineer.

 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 B.M.C. Act. 1888 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 BNS 2024).

 c) The agency / advertiser shall display the following information by QR code which shall have contents as follows:

 Name of Advertiser / Agency.

 Permit number of hoarding.

 iii. Size of the hoarding.

 Illuminated/ Non-Illuminated LED

 Any tag or identification mark informed by the Licence Department.

 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 B.M.C for a period not less than 15 days in a calendar year.

 e) The permit holder should abide by all terms and conditions of the permit granted and also comply with necessary instructions issued from time to time by the Licence Department.

 Renewal Procedure Of The Advertisement Hoarding Permit

 a) Renewal of permit will be considered after every two years if the advertisement hoarding is in accordance with section 328 / 328A of B.M.C. Act 1888 and the Policy Guidelines amended from time to time.

 b) Renewal of existing permit is not a new permit / permit.

 c) Show cause notice will be issued by Jt. M.C./D.M.C. (Spl) in charge of the Licence Department, if the hoarding is not in accordance with the provisions of policy guidelines, to the advertiser / agency for removing the violations pointed out.

 d) The advertiser shall submit Structural Stability Certificate of the hoarding. As and when directions are issued by Jt. M.C./D.M.C. (Spl) in charge of the licence department, the Structural Audit Report should be submitted for particular hoarding from B.M.C. approved structural Engineer within prescribed time.

 e) Structural Stability Certificate of the hoarding structure shall be submitted as and when directions are issued by Jt. M.C./D.M.C.(Spl) and In-charge of licence department. The Structural Stability Report should be submitted as per the SOP for hoardings from B.M.C approved structural Engineer within prescribed time.

 f) In case of illuminated hoarding, the advertiser / agency shall submit a certificate from an approved Electrical Engineer.

Repairing And Maintenance Of Hoarding Structure

 a) If the advertisers intend to repair the existing permitted hoarding structure, in such case they have to submit the application along with the necessary requirement letter/ Certificate from Structural Engineer as per the SOP for proposed repairs.

 b) Sr. Inspector of Licence of the Ward will submit the proposal to the Assistant. Commissioner of Ward for approval.

HOARDINGS ON THE PREMISES OF PUBLIC AUTHORITIES

Advertisement permit for hoarding on the land of public authority (egg. Government, Semi- Government, Public Sector Undertakings ,Air-Port Authority, Defence Ministry, , PWD, MBPT M.S.R.D.C. / M.M.R.D.A/ PWD / BPT / MUMBAI METRO RAIL CORPORATION

 / MUMBAI MONO RAIL CORPORATION/ BEST, or any other Government Agency etc.) will be permitted under section 328 – 328A of the B.M.C. Act 1888 subject to the submission of NOC from concerned authority and compliance of the required documents.

HOARDING ON BMC PROPERTIES

 a) Commercial Advertisements:

 OOH advertising media on corporation properties shall be permitted by inviting e-tender/ e-auction.

 Operation & Maintenance of public utilities in lieu of Advertisement: OOH Advertising media shall be allowed in BMC owned public utilities in lieu of Operation and Maintenance for which no licence fees shall be chargeable. However, the contract shall be awarded by inviting e-tender or e- auction.

 iii. Operation & Maintenance of public utilities in lieu of Licence Fees: Assistant Commissioner shall consider the proposal from registered Companies, Scheduled Banks, Financial Institutions, Real Estate Developments, or any other major   commercial establishments in consultation with the licence department.

 The advertiser shall be allowed to display advertisements in exchange of operation and maintenance of public utilities, the advertising rights shall be granted through a tender/auction process.

 All such permissions for advertisements/hoardings boards will be granted by the competent authority on a case-to-case basis.

 b) Every successful bidder shall enter into Agreement with B.M.C.

 c) The successful bidder / advertising agency shall submit the Bank Guarantee equivalent to one year advertisement fee to ensure the recovery of next years yearly advertisement fee.

 d) Upon expiry of the tender period, the agency shall handover the structure to B.M.C. Thereafter display of advertisement on the said site shall be allowed to new successful bidders coming through regular tender procedure.

Conversion Of Non-Illuminated Hoarding Into Illuminated Hoarding And Vice-A-Versa.

a) If the advertiser intends to convert the hoarding from non-illuminated to illuminated hoarding and vice-a-versa, they have to submit an NOC from the Traffic Police Department.

b) Sr. Inspector of License will submit the proposal through Ward Assistant. Commissioner for approval to Jt. MC/ DMC (Spl) in charge of Licence dept.

 Hoarding Modifications And Shifting

 Permission for increasing or decreasing the size of existing hoarding or shifting it due to a government project can be granted. Likewise, alterations or modifications to existing hoardings are allowed only if they comply with all policy guidelines and are not subject to any litigation. These permissions will be issued by the Joint Municipal Commissioner or Deputy Municipal Commissioner (Special) in charge of Licence.

Review Of Decision Taken Regarding Grant / Rejection Of Permit

Scope

 Authority can review its decision in the event, if authority empowered for grant / rejection of permit thinks that, decision taken for grant / rejection of 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.

 Prior Sanction

 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 Licence is reviewing decision of earlier Superintendent of Licence, then s/he shall take prior sanction from DMC (Incharge of Licence Department). Likewise, if DMC (Incharge of Licence Department) is reviewing his/her decision, it shall be mandatory to obtain prior sanction from Addl. M. C., in-charge of Licence department.

 APPEALS AGAINST ORDERS / DECISIONS (ADVERTISEMENT PERMIT OF HOARDINGS AND ADVERTISEMENT ON OTHER THAN BUSINESS PREMISES)

 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/renewal. 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.

 APPELLATE AUTHORITIES

 a) Appeal against the decisions taken by Asst. Commissioners of respective wards, shall lie with the Jt. /Deputy Municipal Commissioner, in charge of the Licence Department.

 b) Appeal against the decisions taken by the Jt. /Deputy Municipal Commissioner, in charge of the Licence Department shall lie with the Additional Municipal Commissioner in-charge of Licence Department, the Addl. Municipal Commissioner may authorise two Jt. . / Dy. M. Cs to jointly hear and dispose off the Appeal.

c) Appeal against the decisions taken by the Additional Municipal Commissioner, in charge of Licence Department shall lie with the Municipal Commissioner and Municipal Commissioner may authorise two A.M.Cs to jointly hear the same and dispose off the Appeal.

 If any advertisement is found displayed during the litigation period, the penalty of Rs. 5000/ day from the day of cancellation shall be applicable.

Tags : Out Of Home Sector Ooh Owners Ooh Media Ooh Agency Dooh Bmc Draft Ooh Policy