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Registration process for Outdoor Media Management (LED Display) – Mumbai

April 25, 2022

Outdoor Media

Any type of media which is located at a place accessible to the members of general public and is viewable from a distance can be categorised as outdoor media. Such type of media may be stationary, which includes mode of advertisement such as hoardings, display boards, etc., or it may be mobile, which includes mode of advertisement such as bus panels, train wraps, etc. The mode of outdoor media advertisement may be digital or static based on the type of content that the advertiser wants to display. In this article we will focus on the registration process for an outdoor media advertised in a digital way (LED display).

The outdoor media publicity space is evolving at a substantial rate. New technologies have been adopted to gather the attention of the general public. Therefore, it is important for certain rules and policies to be set up that govern the agencies engaged in such type of advertisements.

Every agency has to be registered under the competent authority and has to take written permission before the display of any type of advertisements.

In case of Digital advertisements, prior permission has to be taken from the traffic branch of Mumbai Police and a No Objection Certificate has to be obtained[1].

Registration and application process

Section 328A of the Municipal Corporation Act[2], 1888 specifies that no person can erect, exhibit, fix or retain any advertisement whether now regulation existing or not, upon any land, building wall, hoarding or structure without the written permission of the Commissioner appointed under the Municipal Corporation Act.

Documents to be submitted

An advertiser/ agency should apply for grant of permission by submitting a prescribed form[3] along with the required documents under the concerned authority along with a processing fee of Rs. 5000. The documents required are[4]

  • No objection certificate from the landlord/building over which the advertisement is proposed to be displayed.
  • Two copies of key plans of the location in the scales of 1”:2500′ and Block plan in the scale of 1”:250′.
  • 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.
  • Two copies of 10”x8” size photographs taken from a distance of 60 meters from the proposed site with marking of the proposed hoarding thereon.
  • Two copies of the location plan indicating presence of any trees or any other hoarding within 50 meters of the location along the same alignment and dimensions thereof.
  • No Objection Certificate from the office of Commissioner of Police (Traffic), if the advertisement is to be illuminated.
  • The structural design / plan along with structural design calculations approved by a licensed structural engineer.
  • The Structural Stability Certificate from a licensed Structural Engineer of the building on which the advertisement is to be erected and the structural stability certificate of the Hoarding Structure.
  • The Registration Certificate under the Bombay Shops and Establishments Act, 1948 may be submitted by the agency applying for the permission if applicable.
  • No Objection Certificate from Electricity Distribution Company in case high tension wire is passing near proposed hoarding is to be erected.
  • The personal details of the owner will be affixed with the form submitted such as identity proof (Aadhar card, driving license, etc), proof of possession of premises (electricity bill, lease deed, rent receipt, etc), proof of business entity, if applicable, such as shops and establishment certificate, copy of partnership deed, copy of memorandum of association, etc

Inspection of the application in order to grant of permission[5]

  • After the application has been received by the competent authority along with the prescribed documents, the Advertisement Inspector / Senior. Inspector (Licence) will visit the site within 5 days and submit the report to Assistant Commissioner of the ward who in turn shall forward the same within 5 days to Superintendent of Licence along with their specific recommendation either positively or negatively.
  • Upon receipt of the proposal, Superintendent of Licence will assign the proposal to Joint Superintendent of Licences / Deputy Superintendent of Licences / Assistant Superintendent of Licences and the concerned person will in charge of evaluating and inspecting the proposal independently within 5 days and submit the same to Superintendent of Licences.
  • The Superintendent of Licences in turn will further evaluate the proposal as per the prevailing guideline and shall submit the same to Deputy Municipal Commissioner, in charge of licence department, within 5 days.
  • After the receipt of proposal now the Deputy Municipal Commissioner in charge of Licence Department will forward the proposal either for approval or rejection within 5 days to the Additional Municipal Commissioner.
  • Upon receipt of the proposal Additional Municipal Commissioner in charge of Licence Department will either approve or reject the proposal within 5 days. In case of rejection of application, the competent authority may, for reason to be recorded in writing, refuse permission for grant of permit / permission.

After this a No Objection certificate is issued by the Municipal Corporation of Greater Mumbai to the agency/ advertiser which will be given a period of 90 days to erect the hoarding from the date of receipt of No objection certificate[6]. The No objection certificate will stand cancelled if the structure is not erected in these 90 days, but the agency/applicant may ask for an extension of this period before the expiry of 90 days.

After the permission has been granted, the agency will be liable to pay the monthly advertisement fees with security deposit which will be equal to one month’s advertisement fees for faithful compliance of the terms and conditions of the permission / permit. If the deposit is forfeited for breach of any terms and conditions, the resultant shortfall in deposit shall be recouped within 15 days from the receipt of demand letter[7].

If the payment is delayed beyond the period of 30 days from the date of receipt of demand letter, then composition charges equal to 10% of the proportionate monthly advertisement fee for a month of delay. If payment is not done within 30 days from the date of receipt of demand letter the application for grant of permission shall be cancelled / filed[8].

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.

The permission for digital displays will be revoked if genuine complaint is received from the nearby resident.

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 Mumbai.

[1] https://www.dnaindia.com/mumbai/report-new-bmc-ad-policy-paves-way-for-digital-hoardings-in-mumbai-2615478

[2] https://lj.maharashtra.gov.in/Site/Upload/Acts/H-4094%20The%20Mumbai%20Municipal%20Corporation%20Act.pdf

[3] Policy Guidelines for Display of Advertisements, Appendix C, 2018

[4] Policy Guidelines for Display of Advertisements, Part IV 4.4, 2018

[5] Policy Guidelines for Display of Advertisements, Part IV 4.8, 2018

[6] Policy Guidelines for Display of Advertisements, Part IV 4.5 (a), 2018

[7] Policy Guidelines for Display of Advertisements, Part IV 4.6 (a), 2018

[8] Policy Guidelines for Display of Advertisements, Part IV 4.6 (b), 2018

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