Outdoor Media Management in Haryana
The outdoor advertisements in the state of Haryana are governed by the bye laws provided by the Haryana Municipal Corporation known as the Haryana Municipal Corporation Advertisement Bye-laws, 2018.
According to the act, advertisement[1] refers to any type of representation be it with the help of words, or any abbreviation, logo, symbol, sign, figure, etc. displayed on any type of media device which is visible to the general public from a public or private place or public street subject to excluded media.
Outdoor media device (OMD) would be any device used for advertising purposed in a public place.
An agency intending to display an outdoor media device should register with the Municipal Corporation of the respected area through the intended online process.
*Source[2]
Registration process for agencies
The registration is valid for a period of six years from the date of registration in the case of an agency and may be accompanied by the necessary fee to be paid at registration along with the prescribed form submitted along with the necessary documents. The documents to be submitted by an agency would be[3]
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- 1. The name of the agency along with the registration details as mentioned in Companies Act, 2013 (Central Act 18 of 2013), or Limited Liability Partnership Act, 2008 (Central Act 6 of 2009);
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- 2. Memorandum of Association and Articles of Association of company also have to be submitted;
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- 3.experience, details of agency in advertisement business for last three years or for such period of time that the agency has been in the advertisement business, whichever is earlier;
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- 4. name of Directors along with Director Identification Number (DIN) of agency;
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- 5. details of work experience of each Director of agency;
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- 6. details of any Director who was in arrears of payment of any dues in any municipality while earlier being Director in any other agency;
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- 7. balance sheet of last three years or for such period of time that the agency has been in the advertisement business, whichever is earlier;
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- 8. authorization letter by the Board of Directors (by passing resolution), for authorized signatory of agency;
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- 9. details of advertisement rights/ permission secured in last five years, or for such period of time that the agency has been in the advertisement business, whichever is earlier, in any municipality;
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- 10. an undertaking that the agency, its directors, owners or promoters are not in arrears of payment of any dues in any municipality.
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- 11. any other document as in when required by the commissioner may also be asked to submit
However, any person intending to display, within the permissible limits specified in Schedule I of the bye laws[4], an advertisement for the purposes of self-advertisement does not have to register with the Municipal Corporation and is exempted from the requirement of such registration.
After proper inspection of the application along with the documents and information provided by the applicant the concerned municipal corporation may register the agency within thirty days[5] from the date of submission of complete application. The municipal corporation may then issue a Unique Identity Number to such agency and a registration letter in accordance with the bye laws.
Application process
After the registration of the agency is complete, they have to submit a form as mentioned in the byelaws for display of any type of Outdoor media device. The application for obtaining permission has to be accompanied by the following[6]
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- 1. Processing fee, whatever may be applicable
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- 2. Director’s information
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- 3. Pan Number
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- 4. Latest receipt as proof of payment of property tax in respect of the tax payable for any property owned by the registered agency or the property on or over which the OMD is intended to be displayed;
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- 5. Service Tax Number
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- 6. Photograph of the Site (signed by owner and agency),
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- 7. Sketch plan of the site (signed by owner and agency), a drawing, in colour, showing the locality plan, indicating the proposed position (including GPS coordinates) of the OMDs and the distances in relation to any other structure, building, or OMD situated within a radius of twenty-five metres from the proposed OMD;
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- 8. Complete specifications showing the dimensions of the OMDs and locations;
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- 9. Certificate of Structural Engineer. The design and the structural details of the OMDs duly by a Structural Engineer, certifying the safety aspect of its foundations capable of bearing extreme wind conditions, earthquakes, soil bearing capacity and shall comply with relevant Indian Structural Design Standards, policy and guidelines framed from time to time. The structural details shall include size of all members of supporting frameworks, anchorages and design calculations including proof of compliance with any other law which may be applicable;
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- 10. Architectural Drawings (elevation, measurement scale 1:1000);
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- 11. Contract agreement between the owner and the advertising agency
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- 12. An undertaking to the effect that the application for display of advertisement is not in contravention of the order of any Court;
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- 13. Any other information as the Commissioner may require, from time to time
The concerned corporation to which the application has been made then after proper inspection and after following due process, shall, within thirty days from date of application, notify its decision to approve through the issue of a Letter of Intent[7] (LoI), in writing and electronically, approve or reject the application.
After the application has been approved, the permission fees has to be paid within seven days of issuance of the letter of intent. After the submission of the permission fees and the requisite documents as mentioned in the letter of intent can it be said that the registration and application process has been completed and the agency can now enter into an agreement with the Municipal Corporation.
Requirements for a digital outdoor media device
[8]
There are some requirements for a digital outdoor media device which need to be fulfilled. Every power cable and conduit containing an electrical conductor for the operation of an outdoor media device should be positioned and attached in such a way that it is least visible and even if it is visible, it should look aesthetic.
No digital OMD shall be connected to any electricity supply with sub-meter without the prior written permission of the concerned electricity distribution company. Prior permission has to be obtained from the licensed electricity distribution company concerned in the name of the registered agency and such permission\ shall, on request by an authorized official of the licensed electricity distribution company, be presented to them by the registered agency of the OMD concerned.
The electrical connections and components in all the OMDs shall be in accordance with relevant Bureau of Indian Standards (BIS), Indian Electricity Rules and should be designed to ensure that there is no risk to personal or public safety or to the movement of motorised or non-motorised traffic.
All approvals for OMDs of the type and time period will commence from the 1st day of the month succeeding the month in which approval is granted up to the last day of the month in which the period limits ends.
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 Haryana.
[1] The Haryana Municipal Corporation Advertisement Bye Laws, §2(1)(ii), 2018
[2] http://adv.mcg.gov.in/home
[3] The Haryana Municipal Corporation Advertisement Bye Laws, §4(2), 2018
[4] The Haryana Municipal Corporation Advertisement Bye-laws, 2018.
[5] The Haryana Municipal Corporation Advertisement Bye Laws, §4(3), 2018
[6] The Haryana Municipal Corporation Advertisement Bye Laws, §5(3), 2018
[7] The Haryana Municipal Corporation Advertisement Bye Laws, §6(4), 2018
[8] The Haryana Municipal Corporation Advertisement Bye Laws, §10, 2018