By Rupin Chopra and Apalka Bareja
The Tamil Nadu District Municipalities Act, 1920
The outdoor media advertisements in the State of Tamil Nadu are governed by the Tamil Nadu District Municipalities Act, 1920[1]. The Act provides a definition for “hoarding”[2] which does not include in itself the digital banners and placard and a different definition altogether is provided in this sense. According to the act, “Digital Banner”[3] means any screen used for the purpose of advertising or displaying any other information at any place whether public or private using electronic printing technology. “Placard”[4] on the other hand has a dimension aspect to it. Advertisement in electronic printed form for which the screen displayed in a public or private place is below eight feet in height and four feet in breadth would be categorised under the placard category.
There are certain regulations that need to be followed before a person can erect any type of digital banner or placards for the purpose of advertising or any other information display. The main regulation is that no person can erect ant type of advertisement without obtaining the prior permission of the District Collector.
Registration process
The application for license of Outdoor Media management in Tamil Nadu has to be made in writing to the District Collector at least fifteen days prior to the date on which the digital banner or placard has to be erected. The application has to be made in the prescribed form along with the necessary documents and particulars accompanied with the prescribed fees for such.
The details which are to be mentioned and the documents required are[6]
- Name and address of the applicant / Company /Government Department
- Exact location with identification land marks and direction of facing of the frontage of the digital banner or placard
- Place of erection of hoarding with ward number (If on buildings, address of the building)
- Name of the owner of the land / building on which the digital banner or placard is to be erected
- Nature of the materials to be used
- Size of the banner or placard proposed to be erected (Length, breadth and width to be mentioned)
- Copy of chalan by which Licence fees and rent for Government lands is paid.
- No Objection Certificate for the land or building on which the digital banner or placard is to be erected.
- No Objection Certificate from the Police Department from an Officer not below the rank of Deputy Superintendent of Police
- Plan of the digital banner or placard indicating width, height, etc. duly approved by the qualified Engineer
- A Topographic sketch indicating the proposed location of the digital banner or placard.
The maximum period for grant of permission is six days[7]. Permission may be granted by the district collector, for a period not exceeding six days, to the applicant for such period on the conditions specified by the district collector.
After the application has been made in writing the district collector will first conduct a local inspection before providing the applicant with a license. If the District collector is satisfied with the inspection and everything check out then he may grant a license to the applicant with the conditions prescribed. The District Collector may refuse to grant licence for any reason which has to be recorded by him in writing and the act provides that the applicant should be provided with an opportunity of making his representation before his application is refused.
The license granted by the district collector may be renewed from time to time[8] subject to the conditions prescribed under the Municipal Corporation Act of Tamil Nadu.
Conclusion
This is the process of registration for a digital banner and placard for the purpose of advertisement or any other display of information in the State of Tamil Nadu. The proper form may be duly filled and filed by the applicant for grant of license before the concerned District collector.
[1] https://www.tn.gov.in/dtp/pdfs/TN_District_Municipalities_Act_1920.pdf
[2] The Tamil Nadu District Municipalities Corporations Act, § 285A (a), State Legislature of Tamil Nadu, 1920
[3] The Tamil Nadu District Municipalities Corporations Act, § 285 (b), State Legislature of Tamil Nadu, 1920
[4] The Tamil Nadu District Municipalities Corporations Act, § 285 (c), State Legislature of Tamil Nadu, 1920
[5] The Tamil Nadu District Municipalities Corporations Act, § 285BB (2), State Legislature of Tamil Nadu, 1920
[6] The Tamil Nadu Urban Local Bodies Licensing of Hoardings and Levy and Collection of Advertisement Tax Rules, Appendix Form 1, 2003
[7] The Tamil Nadu District Municipalities Corporations Act, § 285BB (1), State Legislature of Tamil Nadu, 1920
[8] The Tamil Nadu District Municipalities Corporations Act, § 285C (4), State Legislature of Tamil Nadu, 1920
Vidhi Oberoi, Associate at SSRANA has assisted in the research of this article.
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