By Rupin Chopra and Apalka Bareja
According to the Bengaluru Mahanagara Palike Rules, 2006[1], outdoor advertising means any advertising which is displayed in the outdoor environment also referred to as out of home advertisements. Outdoor advertisement media would therefore mean any type of media which is used to display any outdoor advertisement such as Hoardings, Boards, Arches, Gantries, Building Wraps, Inflatables, etc.
The objective of these rules is to regulate the proper erection, location, exhibition, fixation, size, shape, retention or display of advertisement in any manner and promote the safety of general public as well as improve the visual aesthetics of the city.
No advertisement shall be displayed without the prior written permission of the Commissioner of the Municipal Corporation, which shall be obtained after making an application on the prescribed application form for advertisement to the concerned authorities.
Who is eligible for Outdoor media advertisements?
Only Agencies enrolled with the Bangalore City Corporation shall be permitted to erect or display commercial hoarding or any other type of advertisement. Therefore, any agency, individual, or company which undertakes the display of commercial outdoor advertisements by erecting commercial hoardings for a commercial purpose on behalf of others should first enrol themselves as an ‘Agency’ and then only will they be eligible for outdoor advertisements. A stipulated fee has to be paid as an enrolment fee of not more than Rs 5,000/- and not less than Rs. 2000 each, depending upon the type of advertisement media utilised by the agency or which may be decided by the commissioner with due observance of the rules and regulations enacted in the particular region.
Documents required
Certain documents have to be submitted such as[2]
- Site plan indicating proposed location of the hoarding such as distance from road /junction and location on ground/building etc.
- No Objection Certificate (NOC) from the landlord
- Stability certificate of the building, if the proposal is for a roof site, from the concerned Assistant Engineer of the concerned authority, indicating clear details of the foundation of the hoarding proposed and structured plan of hoarding.
- Certificate from a Certified Engineer indicating clear details of electrical wiring including earthing in case of a digital hoarding.
- Insurance against Third Party risk for those who are working in the agency concerned shall be obtained by the Agency and enclosed after its sanction and erection within 45 days along with the payment of advertisement tax.
- Copy of the receipt of tax paid in respect of residential or non- residential (Commercial) property, as the case may be.
- A copy of a certificate from a certified electrical engineer certifying the safety of a digital hoarding as well as the safety of electrical installations against electrocution, etc.
- Advertisement hoardings erected at an approved site, will require the Agency to submit to the Commissioner a copy of the structural stability certificate issued by a Certified Civil Engineer, stating the material of construction, size, dimensions, etc., of the hoarding and supports. In case of any defect or shortcoming being noticed or brought to light at any stage the concerned municipal corporation may call upon or direct the Agency to rectify the defect within a period of five days. If the same is not rectified within this period the concerned authority may take such action as may be necessary to remove the hoarding and recover the cost incurred for this process in addition to tax to the Agency
- The personal details of the agency or the person seeking the permission for such advertisement may also be provided along with the application form or as and when required by the Commissioner.
Permission for such digital advertisement hoardings will be granted for maximum period of three years ending 30th June of the calendar year.
No objection certificate from the police authorities may also be required to be submitted along with vehicle details and route of such vehicle along with the shape and size of the display area if the advertisement is to be done by a mobile display.
Inspection
After a hoarding has been erected, the Agency shall intimate the Advertisement Section of the Palike within 24 hours of the completion of such erection. The concerned authority shall thereafter inspect the location within three days and check whether the application conforms with the Bye – laws, permission conditions and the sketch submitted by the Agency or as modified as per the permission accorded and shall convey to the concerned Agency the permission to display such advertisement. Unless this clearance to display the advertisement is obtained from the Advertisement section, no Agency should be allowed to display any advertisement on a hoarding[3].
Self-Advertisers
It is not necessary for self-advertisers[4] to get registered with the Municipal Corporations agencies if they are advertising for self-promotion and not for commercial purposes for some third party. Commercial establishments, multinational companies, manufactures, traders, builders, developers, hospitals, State Government undertakings Central Government undertakings desiring to put up sign boards, to display their own products and services, shall also obtain the written permission of the Commissioner on par with the commercial advertisement norms. While it would not be necessary for them to enrol with the Corporation as a commercial advertiser (Agency), such permissions will be limited to only advertisements for the organization, installation / undertaking and shall not for any reason, be converted into a commercial hoarding.
Conclusion
These are the guidelines for the registration process of any type of digital advertisement in the form of a digital hoarding, display, etc. in an outdoor environment where it is visible to the general public in the State of Karnataka governed by the Karnataka Municipal Corporation Act of 1976.
[1] https://site.bbmp.gov.in/departmentwebsites/Advertisement/Advt%20bye%20law-updated.pdf
[2] The Bangalore Mahanagara Palike Rules, §4A(ix), 2006
[3] The Bangalore Mahanagara Palike Rules, §3A, 2006
[4] The Bangalore Mahanagara Palike Rules, §3B, 2006
Vidhi Oberoi, Associate at SSRANA has assisted in the research of this article.
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