BMC releases ad hoarding policy; Revises SOPs, specifies liability
The new draft released by BMC on outdoor advertising policy includes insurance cover up to Rs 1 crore; DOOH provisions include prohibiting video content in the right of way and multiple static images with a dwell time of a minimum of eight seconds.
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Following the Ghatkopar incident which took 17 lives and left over 75 injured in May, the Brihanmumbai Municipal Corporation (BMC) has released a newly drafted revised OOH advertising policy. The last hoarding policy was formulated in 2008.
In its draft policy guidelines for displaying of outdoor ads '24, BMC has clearly stated that in case of any accident, the advertiser shall be solely liable against all actions/suits/claims/damages and demands of any nature. That apart, revisions have been made in the standard operating procedure to ensure structural stability.
Storyboard18 earlier reported that the draft is finalised to be released in August and stakeholders concern on how draft has been made in isolation with 'almost no' stakeholder consultation.
The draft policy has also proposed a 10% hike in licensee fees annually, backlisting of advertisers for non-payment of fee, and cover of Rs 5 lakh to Rs 1 crore in case of loss and damage due to a hoarding proportional to its size. Additionally, regulations for digital hoardings include prohibiting video content in the right of way and multiple static images with a dwell time of a minimum of eight seconds.
However, video display on digital hoardings and gantry will be prohibited.
The guidelines have been formed to ensure safety, prevent clutter and maintain urban aesthetics.
The 58-page policy is now open for public feedback and suggestions until August 26.
The draft policy allows advertiser to put any size of hoarding (as defined in the Policy) anywhere in the jurisdiction of BMC, wherein the permit shall be renewed 3 months in advance before the expiry of licence.
It has also proposed no hoarding near high tension wire.
While finalising 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, the civic body said.
Policy regulating digital advertising has been introduced. All malls, multiplexes, shopping complex, commercial buildings can apply for digital LED advertisements.
BMC is also in the process of providing online services for grant and renew of permits. Accordingly, the procedure of scrutiny highlighted in the policy guidelines will undergo suitable changes.
Advertisements on BMC premises have been introduced by inviting e-tenders.
The draft also outlines certain duties and responsibilities of permit holders. This includes:
- The permit holder shall ensure that the structure and the advertisement board are aesthetically designed, framed and properly maintained at all times.
- The permit holder shall ensure that advertisements of obscene or ostentatious nature or any other offensive message shall not be displayed.
- Renewal of the permit for the advertisement board shall be done before expiry as per the terms and conditions of the permit.
- In case of any accident, the advertiser shall be solely liable against all actions/suits/claims / damages of any nature.
- The permit holder shall ensure that on expiry of the permit/permission.
Types of advertisements for which permission is not required include illuminated advertisements and sky signs. Others include:
- Advertisements related to the trade, profession, or business conducted on the premises may be permitted within the window of that premises, provided they do not obstruct light and ventilation.
- Advertisements displayed on or within business premises that relate to the trade or business conducted within those premises are permissible.
- Advertisements displayed on or within any premises that relate to the sale or letting of the premises or any items within them are allowed.
- Advertisements that relate to the name of the land or building, or the name of the owner or occupier of such land or building, are allowed as long as they do not form a sky sign.
- Display of illuminated / non-illuminated advertisement published by BMC or government authorities
- Display of Graffiti on the walls of any building which is purely artistic and does not contain any advertisement.
- 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.
- Hoardings/Advertisement boards etc., erected by BMC on land, buildings, roads, and other properties belonging to BMC, for display of civic messages, directional boards etc. for the benefit of citizens at large, are not required to obtained permission, in such distance criteria between two hoardings shall not be applicable.
- Advertisements on other media for which no permission is required from licence department
Fees and deposits
- In case of grant of fresh permission, the agency/applicant shall make the payment within the period of 10 days on receipt of BMC’s demand letter.
- If the agency/applicant fails to make the payment, a proportionate composition charge based on the monthly advertisement fees will be levied for any delay beyond 10 days.
- In the event applicant /agency failed to make the payment within a period of 90 days from receipt of demand letter, the application for grant of permission shall be treated as cancelled and action will be initiated as per provision of BMC Act 1888.
- On grant of permission, applicant /gency 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.
- 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.
- 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.
- 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.
General norms for grant of permission on business premises include:
- 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.
- 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.
- 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.
- 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.
- Business premises may be either by way of ownership or by way of tenancy / lease agreement on which agency can erect / display / exhibit / retain advertisement relating to trade, profession, services rendered in the establishment.
Guidelines for structural design and for display of ads on glass facade include:
- Agency /applicant shall submit 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.
- The name board should be restricted to the business premises only.
- Advertisement on glass facade can be permitted on Business Premises having glass façade is duly approved as per approved plan from Building Proposal Department.
- The advertisement on glass facade can be permitted on 50% portion of the glass facade.
- Illuminated / LED Display not allowed on Glass Facade.
- 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.
Restrictions include:
- 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.
- No mobile hoardings will be permitted in carriageways of any road.
- 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.
- 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.
- 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.
- 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).
-No hoardings shall be permitted in Coastal Regulation Zone Area, without 'No Objection Certificate' from Maharashtra Coastal Zone Management Authority.
- 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.
- No hoarding shall be permitted near high tension wire.
-To avoid clustering / mushrooming of the hoardings, minimum distance criteria shall be:
i. No new hoarding shall be permitted having distance less than 70 meters.
ii. 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.
iv. 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.
v. This distance will be measured from outer edge of the hoarding.
vi. 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.
- The lower bottom of the edge of hoarding board shall not be less than 3.60 meters (12 ft) from ground level.
- 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.
- 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.
- 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.
- 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.
- No new hoarding shall be permitted within 50 meters around the statues of historical/national importance personalities.
- No hoarding shall be permitted within 25 meters from stop line of each approach road facing the hoardings erected on the ground level from each signal at traffic junctions; drawing enclosed.
- Illumination of all the advertisements shall be switched off at 11.00 PM by connecting automatic timer device in electric circuit for illumination of hoarding.
- 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.
- All pending proposals for new hoarding will be processed as per the new policy guidelines only.
- 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.
- 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 hoardings.
Guidelines also include special provisions during elections and religious activities and also mentions separate guidelines for temporary ads.
