ACTS, RULES & REGULATIONS:

MOTOR VEHICLES ACT,1988

Section 96 – Power of State Government to make rules for the purposes of this Chapter –

(20) regulating the painting or marking of transport vehicles and the display of advertising matter thereon, and in particular prohibiting the painting or marking of transport vehicles in such colour or manner as to induce any person to believe that the vehicle is used for the transport of mails;

Motor Vehicles (Driving) Regulations, 2017

26. Bar on traffic impairment.- Unless validly permitted by the competent authority under the Act or the rules made thereunder, no driver shall –

i. offer goods or services of any kind on the road; or

ii. display any advertisement on the vehicle.

 THE DELHI MUNICIPAL CORPORATION ACT, 1957

Herein, “Commissioner” means the Commissioner of the Municipal Corporation of Delhi. Tax on advertisements other than advertisements published in the newspapers

142. Tax on advertisements-

(1) Every person, who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle any advertisement or, who displays any advertisement to public view in any manner whatsoever, visible from a public street or public place (including any advertisement exhibited by means of cinematographs), shall pay for every advertisement which is so erected, exhibited, fixed or retained or so displayed to public view, a tax calculated at such rates not exceeding those specified in the Fifth Schedule as the Corporation may determine:

Provided that no tax shall be levied under this section on any advertisement which-

(a) relates to a public meeting, or to an election to Parliament or the Corporation or to candidature in respect of such election; or

(b) is exhibited within the window of any building if the advertisement relates to the trade, profession or business carried on in that building; or

(c) relates to the trade, profession or business carried on within the land or building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held on or upon in the same; or

(d) relates to the name of the land or building upon or over which the advertisement is exhibited, or to the name of the owner or occupier of such land or building; or

(e) relates to the business of a railway administration and is exhibited within any railway station or upon any wall or other property of a railway administration; or

(f) relates to any activity of the Central Government or the Corporation.

(2) The tax on any advertisement leviable under this section shall be payable in advance in such number of instalments and in such manner as may be determined by bye-laws made in this behalf.

Explanation 1-The word “structure” in this section includes any movable board on wheels used as an advertisement or an advertisement medium.

Explanation 2-The word “advertisement” in relation to a tax on advertisement under this Act means any word, letter, model, sign, placard, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction.

143. Prohibition of advertisements without written permission of the Commissioner-

(1) No advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or shall be displayed in any manner whatsoever in any place within Delhi without the written permission of the Commissioner granted in accordance with bye- laws made under this Act.

(2) The Commissioner shall not grant such permission if-

(a) the advertisement contravenes any bye-law made under this Act; or

(b) the tax, if any, due in respect of the advertisement has not been paid.

(3) Subject to the provisions of sub-section (2), in the case of an advertisement liable to the advertisement tax, the Commissioner shall grant permission for the period to which the payment of the tax relates and no fee shall be charged in respect of such permission.

144. Permission of the Commissioner to become void in certain cases-

The permission granted under section 143 shall become void in the following cases, namely:-

(a) if the advertisement contravenes any bye-law made under this Act;

(b) if any material change is made in the advertisement or any part thereof without the previous permission of the Commissioner;

(c) if the advertisement or any part thereof falls otherwise than through accident;

(d) if any addition or alteration is made to, or in the building, wall, hoarding, frame, post or structure upon or over which the advertisement is erected, exhibited, fixed or retained if such addition or alteration involves the disturbance of the advertisement or any part thereof; and

(e) if the building, wall, hoarding, frame, post or structure over which the advertisement is erected, exhibited, fixed or retained is demolished or destroyed.

145. Presumption in case of contravention

Where any advertisement has been erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or displayed to public view from a public street or public place in contravention of the provisions of this Act or any bye-laws made thereunder, it shall be presumed, unless and until contrary is proved, that the contravention has been committed by the person or the persons on whose behalf the advertisement purports to be or the agents of such person or persons.

146. Power of Commissioner in case of contravention-

If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of section 143, the Commissioner may require the owner or occupier of the land, building, wall, hoarding, frame, post or structure or vehicle upon, or over or in which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any land, building, property or vehicle and have the advertisement dismantled taken down or removed or spoiled, defaced or screened.

Appeal-

169. Appeal against assessment, etc

(1) An appeal against the levy or assessment of any tax under this Act shall lie to the court of the District Judge of Delhi.

(2) If, before or on the hearing of an appeal under this section, any question of law or usage having the force of law or construction of a document arises, the court of the District Judge on its own motion may, or on the application of any party to the appeal, shall, draw up a statement of the facts of the case, and the question so arising, and refer the statement with its opinion on the question for the decision of the High Court.

(3) On a reference being made under sub-section (2), the subsequent proceedings in the case shall be, as nearly as may be in conformity with the rules relating to references to the High Court contained in Order XLVI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908).

(4) In every appeal, the costs shall be in the discretion of the court.

(5) Costs awarded under this section to the Corporation shall be recoverable by the Corporation as an arrear of tax due from the appellant.

(6) If the Corporation fails to pay any costs awarded to an appellant within ten days after the date of the order for payment thereof, the court may order the Commissioner to pay the amount to the appellant.

170. Conditions of right to appeal

No Appeal shall be heard or determined under section 169 unless-

(a) the appeal is, in the case of a property tax, brought within thirty days next after the date of authentication of the assessment list under section 124 (exclusive of the time requisite for obtaining a Copy of the relevant entries therein) or, as the case may be, within thirty days of the date on which an amendment is finally made under section 126, and, in the case of any other tax, within thirty days next after the date of the receipt of the notice of assessment or of alteration of assessment or, if no notice has been given, within thirty days after the date of the presentation of the first bill or, as the case may be, the first notice of demand in respect thereof: Provided that an appeal may be admitted after the expiration of the period prescribed therefore by this section if the appellant satisfies the court that he had sufficient cause for not preferring the appeal within that period;

(b) the amount, if any, in dispute in the appeal has been deposited by the appellant in the office of the Corporation.

171. Finality of appellate orders.—The order of the court confirming, setting aside or modifying an order in respect of any rateable value or assessment or liability to assessment or taxation shall be final: Provided that it shall be lawful for the court, upon application or on its own motion, to review any order passed by it in appeal within three months from the date of the order.

155. Penalty in case of default of payment of taxes.

(1) If the person liable for the payment of any tax does not, within thirty days of the service of the notice of demand under section 154, pay the sum due and if no appeal is preferred against such tax, he shall be deemed to be in default.

(2) When the person liable for the payment of any tax is deemed to be in default under sub-section (1), such sum not exceeding twenty per cent, of the amount of the tax as may be determined by the Commissioner may be recovered from him by way of penalty, in addition to the amount of the tax and the notice fee, payable under sub-section (2) of section 154.

(3) The amount due as penalty under sub-section (2) shall be recoverable as an arrear of tax under this Act.

156. Recovery of tax

(1) If the person liable for the payment of the tax does not, within thirty days from the service of the notice of demand, pay the amount due, such sum together with all costs and the penalty provided for in section 155, may be recovered under a warrant, issued in the form set forth in the Eighth Schedule, by distress and sale of the movable property or the attachment and sale of the immovable property, of the defaulter: Provided that the Commissioner shall not recovery any sum the liability for which has been remitted on appeal under the provisions of this Act.

(2) Every warrant issued under this section shall be signed by the Commissioner.

DELHI MOTOR VEHICLES RULES, 1993

71. Painting/marking and display of advertising material on Transport vehicles-

(1) Every public service vehicle and all parts thereof including paint work or varnish shall be maintained in a clean and sound condition and the engine mechanism and all working parts in reliable working order.

(2) No advertising device, figure or writing shall be exhibited on any public service vehicle, save as may be permitted by the State Transport Authority by general or specific order.

(3) A public service vehicle when regularly used for carrying Government mail by under a contract with the Indian Posts and Telegraphs Department may exhibit in conspicuous place upon a plate or a plain surface of the motor vehicle the words “Mail” in red on white ground, each letter being not less than 15 centimeters in height and of a uniform thickness of 2 centimeters. Save as provided above, no motor vehicle shall display any sign or inscription which includes the word “Mail”.

(4) No public service vehicle, other than “contract carriage” shall ply on hire unless it clearly exhibits on the front top of the vehicle immediately above driver’s seat, a route board, in the form illustrated below enabling the starting place, destination and registration number to be read by any person approaching the vehicle.

Public service vehicle used for local service shall be illuminated by a white light from half an hour before the sun set to half an hour after the sun rise.The starting place and the destination shall be depicted in block letters on white background in Hindi.

(5) No motor vehicle, other than a taxi cab, shall be painted in a colour or colour prescribed for motor cabs in this rule and no motor cab shall be permitted to ply if it does not conform to the provisions of this sub-rule, namely.-

(a) colour of hood of all motor cabs (except tourist) shall be painted in cream yellow and rest of the body in black;

(b) the permit number in addition to the registration mark shall be painted on the cab in white in a red circle, the six of number being 5 centimeters in height and 4 centimeters in breadth at four different places: (i)on left hand top portion of the windscreen readable from inside, (ii)on the rear boot against the black background. (iii)on the left front door against black background, (iv)on th right front door against black background.

(6)(i) The registering authority subject to the provisions of the Act,shall not register a vehicle in the State painted in the following colours, namely: (a)Olive green; and (b)Disruptive pattern with combination of colours, as used by security forces or para military forces.

(ii)In case any motor vehicle is found plying in the State in contravention of the provisions of Clause (i) above or the Rules 50 and 51 of the Central Motor Vehicles rules, 1989, then it shall be prosecuted and its registration shall be liable for cancellation.

(7) The registering authority may, subject to the provision of the Act, require the owner of the motor vehicle to produce a certificate that vehicle is not to be painted in olive green or disruptive pattern.

Delhi Outdoor Advertising Policy 2017

This Policy puts forth that the approval on placement or location of any advertisement visible from public place, their sizes etc are all provided by Municipal Corporations of Delhi/NDMC. Municipal Corporations of Delhi/NDMC can alter, re-position or remove any hoarding as per the powers vested in them. The Commissioner’s directions are final and binding on all outdoor-advertisers.

 Vehicular Mounted Devices: Metro trains, City Rails have been permitted

 Vehicular Mounted Devices: Delivery and service vehicle advertising have been permitted.

 Taxi and intermediate public transport advertising have been permitted.

 Mobile vehicle for purposes for advertising-Not permitted

Some conditions for Vehicular Mounted Devices (Bus advertising-Private and public) are-

 Area for advertisement/ name/logo shall not exceed 75% of the surface area on each side of the vehicle except the front of the vehicle.

 Permitted only on vehicles whose primary purpose is to serve a useful function in the transportation or conveyance of persons or commodities from one place to another, unless otherwise specified, no transportation vehicle shall be used for the sole purposes of advertising.

 No vehicles carrying advertisement shall be parked on a public right of way or in a location on a private property, which is visible from a public right-of-way.

 No animation or movement in any form shall be permitted in fleet advertising.

 Advertising devices will be allowed inside the public utility vehicle.

 Bus Advertising devices shall not interfere in any way with the mandatory vehicle signs such as purpose of the bus service, number plate, etc

Some conditions for Vehicular Mounted Devices(Metro trains City rails) are-

 Metro Rails or The City Rails running within the city limits can use the entire exterior body of the rail wagon for the purpose of advertisement.

Some conditions for Vehicular Mounted Devices(Delivery and service vehicle advertising) are-

 Area for Advertisement/ name/logo shall not exceed 50% of the surface area on each side of the vehicle.

 Separate application for separate delivery vehicle, with detail of registration number etc.

 Taking clearance from Delhi Traffic police and RTO etc shall be the responsibility of advertiser.

 The delivery vehicles shall only be permitted to advertise the own product / service offered/carried by the company/owner

Some conditions for Taxi and intermediate public transport like auto rickshaw and radio taxis are

 Area for Advertisement/ name/logo shall not exceed 75% of the surface area on each side of the vehicle.

 Separate application for separate taxi, with detail of registration number etc

 No animation or movement in any form shall be permitted on taxi advertising

 Taking clearance from Delhi Traffic police and RTO etc shall be the responsibility of advertiser, and the conditions set by them shall be followed.

8.1 Compliance, enforcement and removal of unauthorized advertising devices MCD officers and other agencies, local governments should be familiar with the management responsibility for advertising in outdoor for city. In particular, staff should be alert to the existence of unauthorized Advertising Devices within their jurisdiction.

A range of actions is available when an Advertising Device is observed to create a traffic hazard and does not comply with the requirements of this Policy:-

(a) To ensure equity, enforcement should be applied uniformly across Delhi.

(b) Any unauthorized Devices installed at any location, property, vehicle, bridge, building etc shall be removed. No leniency shall be shown towards any violator or unauthorized device, during the removal of any unauthorized device, the priority shall be to remove the devices creating a traffic hazard

Advertising attached to a vehicle, where a registered motor vehicle or trailer is parked within the jurisdiction of Municipal Corporations of Delhi road for the sole purpose of Advertising, the Delhi Traffic Police should be requested to remove the vehicle. A current registration label or registration plate would be evidence of registration. The vehicle owner shall be given custody of vehicle only after paying the fine or penalties, otherwise the vehicle can be confiscated and non-payment of penalties in due time would lead to MCD and Traffic police to dispose the vehicle.

8.7 Penalty-

• Whoever contravenes any provisions of the Act, the Bye-Laws and this policy the term and conditions on the subject or fails to comply with the order or directions lawfully given shall be punishable with a Fine/Penalty as decided by Commissioner of respective Municipal Corporations for each day during which such contravention or failure continues.

• Any unauthorized/ illegal Advertisement will attract penalty for each day, the quantum of such penalty shall be decided by the Commissioner, SDMC/North DMC/EDMC/Chairman, New Delhi Municipal Council under their jurisdictions.

• If the contravention still continues, the Commissioner shall require the owner or occupier of the (and, wall, hoarding, frame, pose, or vehicle upon or over removed such advertisement or enter any land, building,

property or vehicle and have the advertisement dismantled, taken down or removed or spoiled, defaced or screened.

• Any other action including blacklisting of agency or advertiser may be taken as decided by the Commissioner of Municipal Corporation.

Guidelines on display of Advertisements on public service vehicle

The Transport Department has also published a Public Notice which pertains to the Guidelines on display of Advertisements on public service vehicle. These Guidelines have provisions relating to General Responsibilities, Technical and Safety Standards, When will advertisements not be approved or permitted. It also has provisions for Intervention, Revision and Liability, Inspection and Penalties.

These Guidelines specifically mention that Public Service Vehicle Operators who flout the Guidelines and the required standards may be penalized as per the provisions of the Motor Vehicles Act,1988 and the rules framed there under.

The Mumbai Municipal Corporation Act,1888

328A. Regulation and control of advertisements-

(1) No person shall, without the written permission of the Commissioner, erect, exhibition, fix or retain any advertisement whether now existing or not, upon any land, building, wall, hoarding or structure [Where an advertisement depicts any scene from a cinematographic film, stage play or other stage performance, such permission shall not be granted, unless prior scrutiny of such advertisement is made by the Commissioner and he is satisfied that the erection or exhibition of such advertisement is not likely to offend against decency or morality]

[Provided that, the power of the Commissioner under this sub-section shall be subject to the regulations framed in this behalf.]

Provided always that [any permission under this section] shall not be necessary in respect of any advertisement which is not an illuminated advertisement nor a sky-sign and which-

(a) is exhibited within the window of any building;

(b) relates to the trade or business carried on within the land or building upon which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein, or to any sale, entertainment or meeting to be held upon or in the same; [or to the trade or business carried on by the owner of any tram- car, omnibus or other vehicle upon which such advertisement is exhibited;]

(c) relates to the business of any railway company;

(d) is exhibited within any railway station or upon any wall or other property of a railway company, except any portion of the surface of such wall or property fronting any street:

[Provided also that such permission shall not be necessary for a period of three years-

 (i) after the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950, in respect of advertisements upon a site in the suburbs which was occupied by advertisements on the first day of January 1950.

(ii) after the coming into force of the Bombay Municipal (Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956, in respect of advertisements upon a site in the extended suburbs which was occupied by advertisement on the first day of January 1956.]

(2) Where any advertisement shall be erected, exhibited, fixed or retained after three months from the enactment of this section [or, as the case may be, the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950] [or the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956] upon any land, building, wall, hoarding or structure save and except as permitted or exempted from permission as hereinbefore provided, the owner or person in occupation of such land, building, wall, hoarding or structure shall be deemed to be the person who has erected, exhibited, fixed or retained such advertisement in contravention of the provisions of this section, unless he proves that such contravention was committed by a person not in his employment or under his control or was committed without his connivance.

(3) If any advertisement be erected, exhibited, fixed or retained contrary to the provisions of this section after the written permission for the erection, exhibition, fixing or retention thereof for any period shall have expired or become void, the Commissioner may, by notice in writing, require the owner or occupier of the land, building, wall, hoarding or structure upon which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement.

(4) [(a)] The word “structure” in this section shall include [a tram-car, omnibus and any other vehicle and any movable board] used primarily as an advertisement or an advertising medium; [and

(b) the expression “illuminated advertisement” in this section shall not include an illuminated display of goods, if such display:

(i) is of goods merely bearing labels showing the name of the article or of its manufacturer or of both, and

(ii) is made by lighting which is not, in the opinion of the Commissioner, more than is necessary to make the goods and labels visible at night.]

THE KERALA MOTOR VEHICLES RULES, 1989

191.Prohibition of advertisement or writing on vehicles

(1) No advertising device, figure or writing  shall  be  exhibited  on  any  transport  vehicle,  save  as  may be specified by the State or  Regional  Transport  Authority  by  general  or  specific  order  and  on payment of fee of 20 per 100 centimetre square for an advertisement in  writing  and  40  per  100 centimetre square for an electronic advertisement for a period of one year or part thereof for each vehicle:

Provided that in respect of vehicles of the State Transport Undertaking the Government may

allow such advertisements subject to the conditions that they may lay down from time to time in this regard.

Provided further that if the advertisement is exhibited for 6 months or a period  below  6 months, half of the fee prescribed as per Rule 191(1) shall be remitted.

(2) The matter of each advertisement intended to be exhibited on the vehicle shall be approved by the State or Regional Transport Authority.

(3) After the period for which permission is sanctioned for exhibiting advertisement on vehicle,

order issued for exhibiting advertisement shall be surrendered before the State Transport Authority or Regional Transport Authority concerned.

(4) If the matter of advertisement exhibited on the vehicle is changed before the period for

which sanction is accorded to exhibit the advertisement, fees prescribed as per sub rule (1) shall be paid for the new advertisement.

Explanation.‐ For the purpose of this rule, electronic advertisement means an advertisement exhibited on a rolling screen, digital screen or electronic screen or advertisement exhibited on

vehicles using any other devices which is not a part of the body of the vehicle.

133. Power of Regional Transport Authority‐

Delegation to Secretary-

(1) The Regional Transport Authority may, for the prompt and convenient despatch of business, by general or special resolution delegate to the Secretary, any or all of the following functions-

power to grant permission for advertisement or writing on vehicles under Rule 191.

361.Restriction on illuminated advertisements.‐ No illuminated advertisements shall be carried or displayed on any motor vehicle.

THE TAMIL NADU MOTOR VEHICLES RULES, 1989 

Prohibition of painting or marking in certain manner-

No advertising device, figure or writing shall be exhibited on any public service vehicle save as may be specified by the Regional Transport Authority by general or specific order.

Advertisement-

(a) No illuminated or other advertisement shall be carried or displayed on any motor vehicle except with the permission in writing of, and subject to such conditions and restrictions as may be imposed by, the Transport Authority which has issued the permit in the case of a transport vehicle having valid permit or the Registering Authority in whose jurisdiction the vehicle is normally kept in the case of other motor vehicle:

Provided that any permission granted under this rule shall be without prejudice to rule 106 of the Central Motor Vehicles Rules, 1989:

Provided further that no such permission is necessary if the vehicle does not carry or display the advertisement for hire or reward and the advertisement is not illuminated:

Provided also that in the case of stage carriage, no advertisement shall be carried, except inside the vehicle and rear portion of exterior body.

Notwithstanding anything contained in sub-rule (a), the Government may authorise the use of motor vehicle for carrying or displaying illuminated or non-illuminated advertisement for hire or reward on a specified route or routes or in a specified area within the State generally, or for any specified purpose and specified period. The fee for granting permission under sub-rule (a) shall be as prescribed in the Table under rule 368 for each advertisement for period not exceeding one year.

Amendments-In sub-rule (b), the words “generally, or” inserted by SRO A-12/2005 dated 16-3-2005.

The Rajasthan Motor Vehicles Rules, 1990

7.40. Prohibition of Painting or Marking in certain manner –

(1) No advertising device, figure or writing shall be exhibited on any public service vehicle save as may be specified by the Regional Transport Authority by general or specific order.

(2) A public service vehicle when regularly used for carrying Government Mail by, or under a contract with, the Indian Posts and Telegraphs Department, and exhibit in a conspicuous place upon plate or a plain surface of the Motor Vehicle and word ‘Mail’ in red colour on a white ground, each letter being not less than fifteen centimetre in height and of a uniform thickness of three quarters of one inch.

(3) Save as provided in sub-rule (2) no motor vehicle shall display any sign or inscription which includes the word ‘Mail’.

(4) The Rajasthan State Roadways Vehicles shall have the following colour scheme:

(a) Larch green from outside

(b) Cream colour strip

(c) Cream colour front-show

(d) Cream colour inside roofing up-to windows

(e) Grey colour below windows

(f) Top of the roof to be of aluminium colour

[(4A) Taxi cars plying exclusively within municipal or city limits shall have the following colours: Lower part of the body below wind screen glass “Black” and upper part of the body including roof- “Yellow”.]

(5) Save as provided in sub-rule (4) [and sub-rule (4A)]no other Motor Vehicle shall have and include the above colour scheme.

GUJARAT MOTOR VEHICLES RULES, 1989

125. Prohibition of painting or marking of transport vehicle in certain manner-

(1) No advertising device, figure or writing shall be exhibited on any transport vehicle save as may be specified by the Regional Transport Authority by general or special order.

(2) A transport vehicle when regularly used for carrying Government Mail by or under a contract with the Indian Posts and Telegraphs Department, shall be painted in postal red colour, and shall exhibit in a conspicuous place upon a plate or on a plain surface of the motor vehicle the word “MAIL” in red colour on a white ground, each letter being not less than 15 cms in height and of a uniform thickness of 20 millimetres.

(3) Save as aforesaid, no stage carriage or contract carriage shall be painted in postal red colour or display any sign or inscription which includes the word “MAIL”: Provided that a stage carriage belonging to the State Transport Undertakings may be partly coloured in red, if such colour is of a shade distinct from that used on vehicles carrying Government mail.

(4) No omnibus other than an educational institution bus shall be painted in the manner specified in rule 124A.

(5) No goods carriage other than a goods carriage used for carrying goods of dangerous or hazardous nature to human life shall be painted in the manner specified in rule 124B

THE WEST BENGAL MOTOR VEHICLES RULES, 1989

133. Additional conditions in respect of certain permits-

(1) A permit in respect of a Stage Carriage may be subject to one or more of the following conditions :-

(d) that no advertising device, figure or writing shall be exhibited on the vehicle without the permission of the registering authority concerned. In case such permission for painted display of advertising matter on a stage carriage or a special stage carriage is given, there shall be no violation of the conditions of such permission and that permit holder shall be responsible for due observance of the conditions so imposed : Provided that the stage carriage owned by the State Transport Undertakings shall be exempted from obtaining such permission from the registering authority in the display of painted advertisement.

(2) A permit in respect of a Contract Carriage may be subject to one or more of the following conditions :

(c) no advertising device, figure or writing shall be exhibited on the vehicle without the permission of the Registering Authority concerned. In case such permission for display of advertising matter on a motorcab is given, these shall be no violation of the conditions of such permission and the permit holder shall be responsible for due observance of the conditions so imposed.

251. (1) Prohibition of painting or marking in certain manner –

(1) The fee for permission for display of advertising matter on a motor cab shall be specified in Schedule A. [Provided that the permission of the registering authority may be granted on annual basis upon-(a) realisation of the fee as specified in Schedule A from the registered owner of the vehicle for every year for which permission is granted; (b) the stage carriage or the special stage carriage, as the case may be, displaying a token to be issued by the registering authority which will indicate that the vehicle with advertisement operates under the permission given by the registering authority; (c) the submission of a copy of the text of the advertisement along with the application;(d) the condition that no advertisement, which is communal, political or scurrilous in nature or is likely to offend public sentiment, shall be allowed.]

(2) A public service when regularly used for carrying Government Mail, by or under a contract, with the Indian Posts and Telegraphs Department, may exhibit in a conspicuous place upon a plate or a plane surface of the motor vehicle, the words “Mail” in red colour on a white ground, each letter being not less than 15 centimetres in height and of a uniform thickness of three-quarters or 2.5 centimetres.

(3) Save as contained in sub-rules (1) and (2), no motor vehicle owned by any person not being a person holding a contract with the Indian Posts and Telegraphs Department for carrying Government Mail shall be pained in red or similar other colour nor shall any such vehicle display any sign or inscription which includes the word “Mail” : Provided that the prohibition under this sub-rule relating to painting motor vehicles in red or similar other colour shall not apply to motor vehicles belonging to the Fire Brigade or the Government of West Bengal or to any vehicle belonging to the State Transport Undertaking or to petrol tank lorries or such other motor vehicles as the State Government may, by order, exempt.

(4) No motor vehicle other than an educational institutional bus shall be painted in mustard yellow with a navy blue band of width 23 cm. along the centre of the body of the vehicle. The name of the educational institution shall be inscribed on the band in white.

Rule-251(1) Permission for display of advertising matter on a motor cab-Fee- 500/-

THE MAHARASHTRA MOTOR VEHICLES RULES, 1989

78. Additional conditions in respect of certain permits

(2) A permit in respect of a contract-carriage may be subject to one or more of the following conditions, namely :-(c) no advertising device, figure or writing shall be exhibited on the vehicle.

134. Prohibition of painting or marking in certain manner

(1) No advertising device. figure or writing shall be exhibited on any transport vehicle save as may be permitted by the Regional Transport Authority by general or special order : Provided that, the Regional Transport Authority. by its Resolution. may exempt certain classes of permit holders or classes of vehicles from the provisions of this sub-rule, in public interest : Provided further that. the provisions of this sub-rule shall not apply to private service vehicles while displaying advertisements of the products or services produced or rendered by the permit holders.

(lA) The permit holder shall apply to the Secretary Regional Transport Authority seeking permission or renewal thereof to display advertisements on transport vehicle in Form PDAA along with prescribed fees and the permit.

(lB) The Secretary. Regional Transport Authority shall issue an order in Form PDA permitting the permit holder to display the advertisements in accordance with the guidelines issued by the State Transport Authority or Regional Transport Authority or both that may be for the timebeing in force. The permission shall be valid for a period of one year or till the date of expiry of the permit, whichever is earlier.

ANDHRA PRADESH MOTOR VEHICLES RULES – 1989

185. Conditions to be attached to all permits :-

(b) Additional condition for all Public Service Vehicles :- The vehicle shall carry a first aid box which shall contain either the articles mentioned in List A or the articles mentioned in List B below:

Provided that this condition shall not apply to stage carriage permits granted to the Andhra Pradesh State Road Transport Corporation or any other person in respect of routes lying wholly within the limits of the municipal towns and cities.

List B

(v) No advertising device, figure or writing shall be exhibited on the outside of the vehicle without the specific permission from and save in the manner specified by the transport authority that granted the permit.

361. Prohibition of advertising etc.-

No advertising device, figure or writing shall be exhibited on any public service vehicle save as may be specified by the Regional Transport Authority or the State Transport Authority, as the case may be, by general or specified order.

Andhra Pradesh Municipalities (Advertisement Tax) Rules, 1967

Assessment, Levy and Collection of Tax on Advertisements

3. Tax on Advertisements — When the Municipal Council, with the sanction of Government determines to levy tax on advertisements every person who erects, exhibits, fixes, or retains or displays upon or displays upon or over any Land, building, wall, hoarding, or structure or upon or in any vehicle, any advertisement, or who displays any advertisement to public view in any manner whatsoever, in any place whether public or private including any advertisement exhibited to public view by means of cinema to graph shall pay for every advertisement which is so erected, exhibited, fixed or retained or so displayed to public view, a tax calculated and determined from time to time by the Municipal Council at such rates not exceeding and not falling below the rates specified in the Schedule annexed to these rules:

Provided that no tax shall be levied under these rules on any advertisement which is exhibited in the manner specified in the second and third provisions under Section 114 of the Act.

17. Manner of display of advertisements through vehicles.-No vehicle used for the purpose to advertisement shall display any advertisement in a manner or method different from that approved by the Commissioner.

THE BIHAR MOTOR VEHICLES RULES, 1992

79. Additional conditions in respect of certain permits. – (3) A permit in respect of a contract carriage may be subject to one or more of the following conditions:- (c) that no advertising device, figures or writing shall be exhibited on the vehicle;

128. Prohibition of painting or marking of transport vehicle in certain manner.

(1) No advertising device, figure or writing shall be exhibited on any transport vehicle save as may be specified by the Regional Transport Authority by general or special order.

(2) A transport vehicle when regularly used for carrying Government mail by or under a contract with the Indian Posts and Telegraphs Department, shall be painted in postal red colour and shall exhibit in a conspicuous place upon a plate or on a plain surface of the motor vehicle the word “MAIL” in red colour on a white ground, each letter being not less than 15 centimetres in height and of a uniform thickness of 20 millimetres.

(3) Same as aforesaid no stage carriage or contract carriage shall be painted in postal red colour or display any sign or inscription which includes the word “MAIL”:

Provided that a stage carriage belonging to the State Transport Undertakings may be partly colour in red, if such colour is of a shade distinct from that used on vehicles carrying Government mail.

THE M.P. MOTOR VEHICLES RULES, 1994

114. Prohibition on painting or marking of Transport Vehicles in certain manner-

(1) No advertising device, figure or writing shall be exhibited on any transport vehicle save as may be specified by the Regional Transport Authority by general or special order.

(2) A public service vehicle when regularly used for carrying postal mail by or under a contract with the posts and telegraphs department, may exhibit in a conspicuous place upon a plate or a plain surface of the motor vehicle the words “Mail” in red colour on a white ground, each letter being not less than fifteen centimetres in height and of a uniform thickness of two centimetres.

(3) Save as aforesaid, no motor vehicle shall display any sign or inscription which includes the word “Mail”.

(4) No transport vehicle, except those owned by the Central or State Government shall be painted wholly in red, olive green, khaki or dark blue colours and no vehicle painted in these colours shall be used by any person or shall be caused or allowed to be used in any public place :

Provided that if the State Government so directs fire-engines owned by local bodies and transport vehicles of State Road Transport undertaking may be painted in red colour.

(5) An Educational Institute bus as defined under clause (ii) of Section 2 of the Act shall be painted in yellow colour.

[(6) Under mutual transport agreement of State of Madhya Pradesh performed with other States, after liquidation of Madhya Pradesh Road Transport Corporation, vehicles operated on the basis of Madhya Pradesh Nominee on inter-state roads shall be painted as per following colour scheme-

“The whole body of vehicle shall be painted in sky blue colour with one foot (12 inches) skirt belt of white colours in bottom shall be painted on whole of the body.”]

THE ORISSA MOTOR VEHICLES RULES, 1993

124. Prohibition of painting or marking in certain manner.

(1) The Registering Authority may for reasons to be recorded in writing by a general special order prohibit the exhibition of any advertising device, figure or writing on any public service vehicle.

THE PUNJAB MOTOR VEHICLES RULES, 1989

165. Advertisement and other markings on public service vehicles. [Section 111] –

(1) No advertising device, figure or writing shall be exhibited on any public service vehicle save as may be permitted by the State Transport Authority by general or special order.

(2) A public service vehicle, when regularly used for carrying Government mail by or under a contract with the Indian Posts and Telegraphs Department shall exhibit in a conspicuous place upon a plate or a plane surface of the vehicle the words ‘MAIL’ in read on the white ground, each letter being not less than 100 millimetres in height and of a uniform thickness of 20 millimetres.

(3) Save as aforesaid, no motor vehicle shall display any sign or inscription which includes the words ‘MAIL’.

THE ASSAM MOTOR VEHICLE RULES, 2003

69. Regulating the painting of Transport Vehicles :

(I) No advertising device or figure or writing shall be exhibited on any public service vehicle save as may be specified by the Regional Transport Authority by any general or specific order.

(2) A public service vehicle, when regularly used for carrying Government mail by or under a contract with the Indian Post and Telegraph Department, shall exhibit in a conspicuous place upon a plate the word “MAIL” in red colour on a white ground each letter being not less than 15 cm. in height and of uniform thickness of 2.5 cm.

(3) No transport vehicle, other than those mentioned in sub-rule (2) above, shall display any sign or inscription in such colour or manner as to induce any person to believe that the vehicle is used for the transport of mail and it is a vehicle of ASTC or vehicle running under ASTC. Any contravention of this provision shall be deemed as violation of permit condition.

145. Exclusion of advertising matter :

No certificate of insurance or cover-note issued in pursuance of Chapter XI of the Act and of this Chapter shall contain any advertising matter either on the face or on the back thereof.

THE HARYANA MOTOR VEHICLES RULES, 1993

157. Advertisements and other markings on public service vehicles[Section 111]-

(1) No advertising device, figure or writing shall be exhibited on any public service vehicle save as may be permitted by the State Transport Authority by general or special order.

(2) A public service vehicle when regularly used for carrying Government mail by or under a contract with the Indian Posts and Telegraphs Department shall exhibit in a conspicuous place upon a plat or a plane, surface of the vehicle the words ‘MAIL’ in red on the white ground, each letter being not less than 100 millimetres in height and of a uniform thickness of 20 millimetres.

(3) Save as aforesaid, no motor vehicle shall display any sign or inscription which include the words ‘MAIL’.

THE CHHATTISGARH MOTOR VEHICLES RULES, 1994

114. Prohibition on painting or marking of Transport Vehicles in certain manner. – (1) No advertising device, figure or writing shall be exhibited on any transport vehicle save as may be specified by the Regional Transport Authority by general or special order.

THE HIMACHAL PRADESH MOTOR VEHICLES RULES, 1999

165. Advertisements and other Marking on Public Service Vehicle:- (1) No advertisement device, figure or writing shall be exhibited on any public service vehicle save as may be permitted by the State Transport authority by general or specific order.

THE MIZORAM MOTOR VEHICLE RULES, 1995

101. ADDITIONAL CONDITIONS IN RESPECT OF A CERTAIN PERMITS :-(2) A permit in respect of a contract carriage may be subject to one or more of the following conditions- (c) No advertising device, figure or writing shall be exhibited on the vehicle.

150. PROHIBITION OF PAINTING OF MARKING ETC :- (1) No advertising device, figure, or writing shall be exhibited on any transport vehicle save as may be specified by the State Transport Authority by general or special order

The Aizawl Municipal Council Display of Advertisement and Hoarding Regulations, 2013

The maximum size of advertisements on vehicles will be as follows :-

Type of Vehicles

Taxis-Maximum Size in feet- 2 x 2

School Buses/Private Buses-Maximum Size in feet- 5 x 3 City Buses Maximum-Size in feet- 5 x 3

Pick Up/TATA 207/Boleros/Sumos/Savaris-Maximum Size in feet- 3 x 4 Trucks/TATA 407/709-Maximum Size in feet- 2 x 5

Two wheelers/Three wheelers-Maximum Size in feet- 1 x 1

24. Special Provision for display of advertisement on vehicles :-

Display of non-illuminated advertisements will only be allowed on each or all sides of vehicles to the following vehicles provided that advertisements should not obstruct the clear visibility of driver or the passengers. Application for advertisement on vehicle need not structure designs and Structural Soundness Certificates.

(a) Taxis; (b) School Buses and private buses; (c) City Buses; (d) Pick Up/TATA 207/Boleros/Sumos/ Savaris and any similar vehicles; (e) Trucks/TATA 407/709 and any similar vehicles; (f) Two Wheelers/Three Wheelers, if any.

Any advertising devices shall not interfere in any way with the mandatory vehicle signs, such as purpose of the service, number plate, etc.

25. Procedure for grant of permission for erection, exhibition, fixation, retention or display of advertisements-

(1) Every person desiring to erect, exhibit, fix and display an advertisement shall apply to the Chairman for permission in the Form A available in the Council Office against payment of fees of Rs. 50. The said application form duly filled in all respects shall be submitted by the applicant in the Council Office, against a proper receipt. The Chairman may, after making such inspection as may be necessary and satisfied of the land status and within thirty days after the receipt of the application, grant /refuse/ renew or cancel the permission, as the case may be, in accordance with the provisions of Act, and the Regulations made thereunder.

(2) Along with the application form, the following documents are required to be submitted :

(a) NOC/allotment letter from the owner of land/ property and an agreement between the owner (s) of the building and the applicant.

(b) Structural Stability Certificate of the hoarding and building (if) from a Licence/Registerd Structural Engineer/Engineer (except advertisement on vehicles).

(c) Engineering drawing of the proposed structure in triplicate drawing duly signed by the Structural Engineer/Engineer (except advertisement on vehicles).

(d) Two copies of 6”x4” size Photograph taken from a distance of the proposed site with marking of the proposed hoarding thereon.

(e) NOC from Local Council.

(f) EPIC or any other valid documents.

(g) Tribal Certificate

(3) The Chairman may disapprove an advertisement among others, on the ground that, its contents or the manner of its display is unsuitable from the considerations of public safety, traffic hazards or aesthetic design, or otherwise offensive and in bad taste and offensive to public sentiments.

(4) Validity: Every license shall be for a period of one year except in the case of advertisement on vehicles and sites used for temporary congregations including fairs, festivals, circus, exhibitions, sports events or cultural or social programmes.

(5) If any tax on advertisements is not paid within the stipulated time after the demand notice, the same shall be recovered as arrears of tax and the permission granted shall be deemed to have been terminated. The Chairman shall be at liberty to remove such hoardings.

(6) The Chairman shall cause to maintain a register showing the permission issued under the Act and the Regulations

36. Dispute and Miscellaneous Provision :- Any dispute arising out of erection, re-erection, exhibition, construction and display of advertisement and hoardings shall be decided by the Council in conformity with the Act and Regulations made thereunder.

Further, all advertisement should be displayed in a proper manner taking all precautions against electrocution/accidents and the Council shall not be responsible for any negligence, injury or casualty on any account whatsoever. The owner of the advertisement/ hoarding or owner of vehicle shall be bound to indemnify and reimburse the Council for all claims, demands, loss, charges, cost and expenses which it may have to incur or which accrue on account of infringement of any of sections and sub-sections of the Regulations.

This Regulation also contains various forms which have applications pertaining to- APPLICATION FOR PERMISSION TO DISPLAY ADVERTISEMENT ON VEHICLE ; APPLICATION FOR RENEWAL/EXTENSION OF PERMISSION TO DISPLAY ADVERTISEMENT ON VEHICLE; PERMISSION OF THE COUNCIL ON VEHICLES;REFUSAL OF THE COUNCIL ON VEHICLES.

THE UTTARAKHAND MOTOR VEHICLES RULES, 2011

68.The Transport Authority shall issue every permit subject to the following conditions :-

(vi) that only such advertising matters as are directly related to the permit-holders business in furtherance of which the permit is obtained and which does not in any way change the identity of the vehicle, may be displayed on the vehicle save on any part of the bonnet, front screen, wind screen and dash-board of the vehicle; Provided that no advertising matter shall cover or be at a distance of less than 20 centimeters of any material available for inspection or fixed in or over the vehicle.

(vii) that the holder of the permit shall cause the permit to be carried in the vehicle in such a manner that it is readily available for inspection at any time by any authorized person.

The Gujarat Provincial Municipal Corporations Act, 1949

Regulation and control of advertisements

245.(1) No person shall, without the written permission of the Commissioner, erect, exhibit, fix or retain any advertisement upon any land, building, wall, hoarding or structure: Provided always that such permission shall not be necessary in respect of any advertisement which is not illuminated advertisement or a sky-sign and which-

(a) is exhibited within the window of any building, or

(b) relates to the trade or business carried on within the land or building upon which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein, or to any sale, enterainment or meeting to be held upon or in the same, or to the trade or business carried on by the owner of any omnibus or other vehicle upon which such advertisement is exhibited, or

(c) relates to the business of any railway company, or

(d) is exhibited within any railway station or upon any wall or property of a Railway Administration not fronting any streets.

(2) Where any advertisement shall be erected, exhibited, fixed or retained after three months from the enactment of this section upon any land, building, wall, hoarding or structure in contravention of the provisions of sub-section (1) the owner or person in occupation of such land, building, wall, hoarding or structure shall be deemed to be the person who has erected, exhibited, fixed or retained such advertisement in contravention of the provisions of this section, unless he proves that such contravention was committed by a person not in his employment or under his control or was committed without his connivance.

(3) If any advertisement be erected, exhibited, fixed or retained contrary to the provisions of this section or after the expiry of the permission granted under sub-section (1)the Commissioner may, by notice in writing, require the owner or occupier of the land, building, wall, hoarding or structure upon which the advertisement has been erected, exhibited, fixed or retained, to take down or remove the advertisement.

(4) (a) The word “structure” in this section shall include an omnibus and any vehicle or moveable board used primarily as an advertisement or an advertising medium; and (b) the expression “illuminated advertisement” in this section shall not include an illuminated display of goods, if such display (i) is of goods merely bearing lables showing the name of the ariticle or of its manufacturer or of both, and (ii) is made by lighting which is not, in the opinion of the Commissioner, more than is necessary to make the goods and labels visible at night.

The Rajasthan Municipalities Regulation of Advertisement Display of Commercials and Non- Commercials Using Outdoor Media Devices Rules, 2018

Size of outdoor media devices shall adhere to the norms set below-

Kiosks on Road Median/Sidewalk or Street Lights / Lamp Posts/Concrete columns of bridges, posters inside vehicles – back lit, front lit, non-lit- Large Formats- NOT Permitted ; Medium Formats- NOT Permitted; Small Formats- Permitted Max Size: 3 x 2 ft Min Size: any

Vehicle Branding including bus panel, metro/train/tram coaches (exterior only)– Large Formats– NOT Permitted; Medium Formats- Permitted Max Size: 75% of available surface space on all sides of the vehicle or individual coaches (except front) Min Size: 40% of available surface space on all sides of the vehicle or individual coaches; Small Formats- Permitted Max Size: Less than 40% of available surface space on all sides of the vehicle or individual coaches (except front) Min Size: any

Mobile Display including motor-cycles (tableau, especially displaying products/services)– Large Formats- Permitted Max Size: Large motorized vehicle with engine capacity of not more than 3000 cc Displaying on all three sides, except the front; Medium Formats- (except front); Permitted Max Size: Large motorized vehicle with engine capacity of not more than 1000 cc Displaying on all three sides, except the front; Small Formats -Permitted Max Size: Motorized vehicle with engine capacity of not more than 500 cc and Non- motorized vehicle Displaying on all three sides, except the front

Push Carts including bi- cycles (displaying product names)– Large Formats- NOT Permitted ; Medium Formats- NOT Permitted; Small Formats- Permitted Max Size: Non- Motorized push carts – 90% of available surface space on all sides of the vehicle/cart Min Size: Any

Schedule 6

Categorization of Outdoor Media Devices – Shapes of outdoor media devices shall adhere to the norms set below (alphabets, figures and characters within brackets denote codes for the specific point, municipalities shall adhere to codes for uniform reporting):

1.8.6.Kiosks on Road Median/Sidewalk or Street Lights / Lamp Posts/Concrete columns of bridges, posters inside vehicles – back lit, front lit, non-lit (PM-M-06)

2. Temporary OMD

2.3. Vehicle Branding including bus panel, metro/train/tram coaches (TM-X-03)

THE HARYANA MUNICIPAL CORPORATION ACT, 1994

121.(1) Every person, who erects, exhibits, fixes or retains upon or over any land, building, wall, boarding, frame, post or structure or upon or in any vehicle any advertisement or, who displays any advertisements to public view in any manner whatsoever, visible from a public street or public place (including any advertisement exhibited by means of cinematograph) shall pay for every advertisement which is so erected, exhibited, fixed or retained or so displayed to public view, a fee calculated at such rates, as may, from time to time, be specified by the Government: Provided that no fee shall be levied under this section on any advertisement which-

(a) appears in newspapers, relates to a public meeting, or to an election to Parliament or Legislative Assembly or the Corporation or to candidature in respect of such election; or

(b) is exhibited within the window of any building if the advertisement relates to the trade, profession or business carried in that building; or

(c) relates to the trade, profession or business carried on within the land or building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held on or upon or in the same; or

(d) relates to the name of the land or building upon or over which the advertisement is exhibited, or to the name of the owner or occupier of such land or building; or

(e) relates to the business of a railway administration and is exhibited within any railway station or upon any wall or other property of the railway administration; or

(f) relates to any activity of the Government or Union of India or the Corporation. (2) The fee on any advertisement leviable under this section shall be payable in advance in such number of instalments and in such manner as may be determined by bye-laws made in this behalf.

Explanation 1. – The word ‘structure’ in this section includes any movable board on wheel used as an advertisement or an advertisement medium.

Explanation 2. – The word ‘advertisement’ in relation to fee on advertisement under this Act means any word, letter, model, sign, placard, notice, device or representation whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction. Prohibition of advertisement without written permission of Commissioner.

122. (1) No. advertisement shall be erected, exhibited, fixed or retained or upon or over any land, building, wall boarding, frame, post or structure or upon in any vehicle or shall be displayed in any manner whatsoever in any place within the Municipal area without the written permission of the Commissioner granted in accordance with bye-laws made under this Act.

(2) The Commissioner shall not grant such permission, if- (a) the advertisement contravenes any bye-law made under this Act; or (b) the fee, if any, due in respect of the advertisement has not been paid.

(3) Subject to the provisions of sub-section (2), in the case of an advertisement liable to the advertisement fee, the LatestLaws.com Commissioner shall grant permission for the period to which the payment of the fee relates and no fee shall be charged in respect of such permission.

Permission of Commissioner to become void in certain cases:

123. The permission granted under section 122 shall become void in the following cases, namely:- (a) If the advertisement contravenes any bye-law made under this Act; (b) If any material change is made in the advertisement or any part thereof without the previous permission of the Commissioner; (c) If the advertisement or any part thereof falls otherwise than through accident; (d) If any addition or alteration is made to, or in the building, walls, boarding, frame, post or structure upon or over which the advertisement is erected, exhibited, fixed or retained if such addition or alteration involves the disturbance of the advertisement or any part thereof; and (e) If the building, wall, boarding, frame, post or structure over which the advertisement is erected, exhibited fixed or retained is demolished or destroyed.

Presumption in case of contravention:

124. Where any advertisement has been erected, exhibited, fixed or retained upon or over any land, building, wall, boarding, frame, post or structure or upon or in any vehicle or displayed to public view from a public street or public place in contravention of the provisions of this Act or any bye-laws made there under, it shall be presumed, unless and until contrary is proved, that the contravention has been committed by the person or the persons on whose behalf the advertisement purports to be the agents of such person or persons.

Power of Commissioner in case of contravention:

125. If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of section 122, the Commissioner may require the owner or occupier of the land, building, wall, boarding, frame, post or structure or vehicle upon or over or in which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any land, building, property or vehicle and have the advertisement dismantled, taken down or removed or spoiled, defaced or screened.

Power to inspect for purposes of determining the ratable value or tax or fee:

142. (1) The Commissioner or any other person authorised by him in this behalf, may without giving any previous notice, enter upon and make an inspection of- (d) any land, building or vehicle in or upon which any advertisement liable to fee under this Act is exhibited or displace

392. Subject to the provisions of this Act, the Corporation may in addition to any bye-law which it is empowered to make under any other provision of this Act, make bye-laws to provide for all or any of the following matters, namely: – (16) the regulation of the posting of bills and advertisements and of the position, size, shade or style of the name boards, signing boards and signposts;

Section 122- Prohibition of advertisement without permission– Fine- 500 ; Daily-50

THE KARNATAKA MUNICIPALITIES ACT, 1964

133. Prohibition of advertisements without written permission of municipal council

(1) No advertisement shall, after the levy of the tax under section 94 has been determined upon by the municipal council, be exhibited, erected, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or shall be displayed in any manner whatsoever in any place within the [municipal area] without the written permission of the municipal council, granted in accordance with bye-laws made under this Act.

(2) The municipal council shall not grant such permission if,- (i) the advertisement contravenes any bye-laws made under this Act; or (ii) the tax, if any, due in respect of the advertisement has not been paid.

(3) Subject to the provisions of sub-section (2), in the case of an advertisement liable to the advertisement tax, the municipal council shall grant permission for the period to which the payment of the tax relates and no fee shall be charged in respect of such permission.

134. Permission of the municipal council to become void in certain cases

The permission granted under section 133 shall become void in the following cases, namely:-(a) if the advertisement contravenes any bye-law made under this Act; (b) if any material change is made in the advertisement or any part thereof without the previous permission of the municipal council; (c) if the advertisement or any part thereof falls otherwise than through accident; (d) if any addition or alteration be made to, or in the building, wall, hoarding, frame, post or structure upon or over which the advertisement is exhibited, erected, fixed or retained, if such addition or alteration involves the disturbance of the advertisement or any part thereof; (e) if the building, wall, hoarding, frame, post or structure upon or over which the advertisement is exhibited, erected, fixed or retained is demolished or destroyed.

135. Presumption in case of contravention–Where any advertisement has been exhibited, erected, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or displayed to public view from a public street or public place in contravention of the provisions of this Act or any bye-laws made thereunder, it shall be presumed, unless and until the contrary is proved, that the contravention has been committed by the person or the persons on whose behalf the advertisement purports to be or the agents of such person or persons.

136. Removal of unauthorised advertisements-If any advertisement is exhibited, erected, fixed or retained in contravention of the provision of section 133, or after the written permission for the exhibition, erection, fixation or retention thereof for any period shall have expired or become void, the Municipal Commissioner or Chief Officer may, by notice in writing, require the owner or occupier of the land, building, wall, hoarding, frame, post or structure or vehicle upon or over or in which the same is exhibited, erected, fixed or retained to take down or remove such advertisement or may enter any land, building, property or vehicle and have the advertisement dismantled, taken down or removed or spoiled, defaced or screened

Municipal Corporation, Jalandhar Outdoor Advertisement Bye-laws 2014

Permissibility of different category of advertising devices-

Vehicular Mounted Devices: Delivery and Service Vehicle advertising- Status-Permitted Subject to General and Specific Permission Criteria

Vehicular Mounted Devices: Delivery and Service Vehicle advertising- Permitted Subject to General and Specific Permission Criteria

Specific conditions for different category of advertising devices

Vehicular Mounted Devices Bus advertising Private and Public – Special Conditions-• Area for advertisement/name/logo shall not exceed 75% of the surface area on each side of the vehicle except the front of the vehicle. • Permitted only on vehicles whose primary purpose is to serve a useful function in the transportation or conveyance of persons or commodities from one place to another, unless otherwise specified, no transportation vehicle shall be used for the sole purpose of advertising • Advertising devices (Including LCD mounted screens) will be allowed inside the public utility vehicle. • Bus advertising devices shall not interfere in anyway with the mandatory vehicle signs such as purpose of the bus service, number plate, etc

Vehicular Mounted Devices: Delivery and service vehicle advertising– Special Conditions- Advertisement/name/logo shall not exceed 50% of the surface area on each side of the vehicle • Separate application for separate delivery vehicle, with detail of registration number etc. • Taking clearance from Traffic, Traffic Police and RTO etc/ shall be the responsibility of advertiser. • The delivery vehicles shall only be permitted to advertise the own product/ service offered/ carried by the company/ owner.

Taxi and intermediate public transport like auto rickshaw and radio taxis– Area for Advertisement/ name/ logo shall not exceed 75% of the surface area on each side of the vehicle. • Separate application for separate taxi , with detail of registration number etc. • No animation or movement in any form shall be permitted, on taxi advertising. • Taxing clearance from Traffic. Traffic police and RTO etc shall be the responsibility advertiser, and the conditions set by them shall be followed

Mobile vehicle for purposes for advertising – Not permitted

The Punjab Municipal Outdoor Advertisement Bylaws 2018

1. Revenue Sharing and Commercial Advertisement-

1.2 Commercial advertisement fee for Category – 1, 2&3 devices

Every person, who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding, frame, post or structure or upon or any vehicle any advertisement or, who displays any advertisement to public view in any manner whatsoever, visible from a public street or public place (including any advertisement exhibited by means of cinematographs), shall pay for every advertisement which is so erected, exhibited, fixed or retained or so displayed to public view, an advertisement fee at such rates as decided/fixed and approved by the Government from time to time. No advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or shall be displayed in any manner whatsoever in any place within the jurisdiction of ULBs without written permission of Commissioners/EOs of respective ULBs.

Summary of permissibility of different category of advertising devices

Vehicular Mounted Devices: Delivery and service vehicle advertising-Permitted Subject to General and specific permission Criteria- Permitted

Taxi and intermediate public transport advertising-Permitted Subject to General and specific permission Criteria- Permitted

Mobile vehicle-Not permitted

Vehicular Mounted Devices: Bus advertising Private and public -Area for advertisement/ name/logo Mounted shall not exceed 75% of the surface area on each side of the vehicle except the front of the vehicle –

• Permitted only on vehicles whose primary purpose is to serve a useful function in the transportation or conveyance of persons or commodities from one place to another, unless otherwise specified, no transportation vehicle shall be used for the sole purposes of advertising. • No vehicles carrying advertisement shall be parked on a public right of way or in a location on a private property, which is visible from a public right-of-way. • No animation or movement in any form shall be permitted in fleet advertising. • Advertising devices will be allowed inside the public utility vehicle. • Bus Advertising devices shall not interfere in any way with the mandatory vehicle signs such as purpose of the bus service, number plate, etc

Vehicular Mounted Devices: Metro Trains/City Rails- Metro Rails or The City Rails running within the city limits can use the entire exterior body of the rail wagon for the purpose of advertisement.

Vehicular Mounted Devices: Delivery and service vehicle advertising– Separate application for separate delivery vehicle, with detail of registration number etc • Taking clearance from Traffic police and RTA etc shall be the responsibility of advertiser. • The delivery vehicles shall only be permitted to advertise the own product / service offered/carried by the company/owner

Taxi and intermediate public transport like auto rickshaw and radio taxis– Area for Advertisement/ name/logo shall not exceed 75% of the surface area on each side of the vehicle • Separate application for separate, with detail of registration and number etc . No animation or movement in any form shall be permitted on taxi advertising • Taking clearance from Traffic police and RTA etc shall be the responsibility of advertiser, and the conditions set by them shall be followed.

Mobile vehicle for purposes for advertising-Not permitted

Patna Municipal Corporation (Grant of Permission for Display of Advertisements & Similar Devices) Regulations, 2012

Schedule of fees for advertisement permits issued under section 146 of Bihar Municipal Act, 2007 for Advertisement other than Business Premises-

• Illuminated Advertisement on hoardings of board/ wall paintings of balloon or in the form of sky sign and illuminated hoardings of boards on vehicle- Scale of license fees- Per Sq.ft./ Year; Rates of fees- Zone-1 (P.M.R.)in Rs. 120 Per Annum ; Zone-2 (M.R.)- Rs. 60 Per Annum; Zone-3 (Other)- Rs. 30 Per Annum

• Illuminated advertisement by means of computerized coloured/multi coloured graphic tricycle moving electronic display system- Scale of license fees- Per Sq.ft./ Year; Rates of fees- Zone-1 (P.M.R.)in Rs. 180 Per Annum ; Zone-2 (M.R.)- Rs. 90 Per Annum; Zone-3 (Other)- Rs. 40 Per Annum

• Non-illuminated advertisement on hoardings of board/wall paintings of balloon of in the form sky sign and nonilluminated hoardings of boards on vehicle– Scale of license fees- Per Sq.ft./ Year; Rates of fees- Zone-1 (P.M.R.)in Rs. 50 Per Annum ; Zone-2 (M.R.)- Rs. 25 Per Annum; Zone-3 (Other)- Rs. 10 Per Annum

• Advertisement on Auto Rickshaws & Taxies- Auto Rickshaw/ Taxes/ or Buses (moving Vehicles)-

(i) For illuminated Advertisement boards- Zone-3 (Other)-Rs. 120 Per Annum

(ii) For non-illuminated advertisement boards-Rs. 60 Per Annum

THE BIHAR MUNICIPAL ACT, 2007

145. Prohibition of advertisements without written permission of Chief Municipal Officer

(1) No person shall not erect, exhibit, fix or retain upon or over any land, building, wall, hoarding, frame post, kiosk, structure, vehicle, neon-sign of sky-sign, any advertisement or display any advertisement to public view in any manner whatsoever (including any advertisement exhibited by means of cinematograph), visible from a public street of public place, in any place within the Municipal area without permission, in writing, of the Chief Municipal Officer.

Provided that during Lok Sabha Elections and Legislative Assembly elections, written permission of the Chief Municipal Officer will not be necessary for the advertisement published for election campaign by political parties and candidates.

Provided further that during Lok Sabha Elections and Legislative Assembly elections, advertisement will be displayed by the Political Parties and candidates under the provisions of Representation of the People Act, 1951.

(2) The Chief Municipal Officer shall not grant such permission, if –

(a) a licence for the use of the particular site for the purpose of advertisement has not been taken,or

(b) the advertisement contravenes any provisions of this Act or the Rules or the Regulations made thereunder, or

(c) the tax, if any, due in respect of the advertisement has not been paid.

(3) No person shall broadcast any advertisement, except on radio or television, without the permission, in writing, of the Chief Municipal Officer.

146. Licence for use of site for purpose of advertisement – (1) Except under, and in conformity with, such terms and conditions of a licence as the Municipality may, by the regulations, provide, no person being the owner, lessee, sub-lessee, occupier or advertising agent shall use, or allow to be used, any site in any land, building or wall, or erect, or allow to be erected, on any site any hoarding, frame, post, kiosk, structure, vehicle, neon-sign or sky-sign for the purpose of display of any advertisement.

(2) For the purpose of advertisement, every person-

(a) using any site before the commencement of this Act, within ninety days from the date of such commencement, or

(b) intending to use any site, or

(c) whose licence for use of any site is about to expire.

shall apply for a licence or renewal of licence, as the case may be, to the Chief Municipal Officer in such Form as may be specified by the Municipality.

(3) The Chief Municipal Officer shall, after making such inspection as may be necessary and within thirty days of the receipt of the application, grant or renew a licence, as the case may be, on payment of such fee as may be determined by regulations, or refuse or cancel a licence, as the case may be.

(4) The Chief Municipal Officer may, if, in his opinion, the proposed site for any advertisement is unsuitable from the considerations of public safety, traffic hazards or aesthetic design, refuse to grant a licence, or to renew any existing licence, within thirty days of the receipt of the application.

(5) Every licence shall be for a period of one year except in the case of sites used for any temporary congregation of whatever nature including fairs, festivals, circus, yatra, exhibitions, sports events, or cultural or social programmes.

(6) The Chief Municipal Officer shall cause to be maintained a register wherein the licences issued under this Section shall be separately recorded in respect of advertisement sites-

(a) on telephone, telegraph, tram, electric or other posts or poles erected on or along public or private streets or public places,

(b) in lands or buildings, and

(c) in cinema-halls, theatres or other places of public resort

147. Tax on advertisement – (1) Every person, who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding, frame, post, kiosk, structure, vehicle, neon-sign or sky-sign any advertisement, or displays any advertisement to public view in any manner whatsoever (including any advertisement exhibited by means of cinematograph), visible from a public street or public place in any location in a municipal area including an airport or a port or a railway station, shall pay for every advertisement, which is so erected, exhibited, fixed or retained or so displayed to public view, a tax calculated at such rate as may be determined by Regulations:

(2) Notwithstanding anything contained in sub-section (1), no tax shall be levied under this Section on any advertisement which-

(a) relates to a public meeting or to an election to Parliament or the State Legislature or the Municipality or any other local authority or to candidature in respect of such election, or

(b) is exhibited within the window of any building, if the advertisement relates to any trade, profession or business carried on in the building, or

(c) relates to any trade, profession or business carried on within the land or the building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held on, upon or in such land or building, or

(d) relates to the name of the land or the building upon or over which the advertisement is exhibited or the name of the owner or the occupier of such land or building, or

(e) relates to the business of any airport or port or railway administration, and is exhibited within such airport or port or railway station or upon any wall or other property of an port, or railway station, or

(f) relates to any activity of the Central Government or the State Government or any local authority.

(3) The tax on any advertisement leviable under this Section shall be payable in advance in such instalments, and in such manner, as may be determined by Regulations.

148. Permission of Chief Municipal Officer to be void in certain cases – Any permission under Section 145 shall be void,-

(a) if the advertisement contravenes the provisions of any Regulations made under this Act, or

(b) if any material change is made in the advertisement or any part thereof without the previous permission of the Chief Municipal Officer, or

(c) if the advertisement or any part thereof falls otherwise than by accident, or

(d) if, due to any work by the Central Government, the State Government, or the Municipality, or by any statutory authority, the advertisement is required to be displaced.

149. Licence for use of site for purpose of advertisement to be void in certain cases – Any licence granted under Section 146 shall be void,-

(a) if the licensee contravenes any of the terms and conditions of licence or,

(b) if any addition or alteration is made to, or in, the land, building, wall, hoarding, frame, post, kiosk, structure, vehicle, neon-sign or sky-sign, upon or over which the advertisement is erected, exhibited, fixed or retained, or

(c) if the land, building, wall, hoarding, frame, post, kiosk, structure, vehicle, neon-sign or sky-sign over which the advertisement is erected, exhibited, fixed or retained is demolished or destroyed.

150. Presumption in case of contravention – Where any advertisement has been erected, exhibited, fixed or retained upon or over any building, wall hoarding, frame post, kiosk, structure, vehicle, neon-sign or sky-sign or displayed to public view from a public street or public place in contravention of the provisions of this Act or the Regulations made thereunder, it shall be presumed, unless the contrary is proved, that the contravention has been made by the person or persons on whose behalf the advertisement purports to be or the agents of such person or persons.

151. Power of Chief Municipal Officer in case of contravention – If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of this Act or the Regulations made thereunder, the Chief Municipal Officer may require the owner or the occupier of the land, building, wall, hoarding, frame, post, kiosk, structure, vehicle, neon-sign or sky-sign, upon or over which such advertisement is erected, exhibited, fixed or retained to take down or remove such advertisement or may enter any land, building or other property and cause the advertisement to be dismantled, taken down, removed, soiled, defaced or screened:

Explanation I. – The word “structure” in this chapter shall include any movable board on wheels used as an advertisement or advertisement medium.

Explanation II. – The word “advertisement”, in relation to a tax on advertisement under this Act, shall mean any word, letter, model, sign, neon-sign, sky-sign, placard, notice, device or representation, whether illuminated or not, in the nature of, and employed wholly or in part for the purposes of, advertisement, announcement or direction.

152. Removal of poster, hoarding, etc. – Notwithstanding any other action that may be taken against the owner, or the occupier of any land or building, upon or over which there is any hoarding, frame, post, kiosk, structure, vehicle, neon-sign or sky-sign for erecting any advertisement in contravention of the provisions of this Act or the Regulations made thereunder, or the person who owns such hoarding, frame, post, kiosk, structure, vehicle, neon-sign or sky-sign, the Chief Municipal Officer may, for removal and storage of such hoarding, frame, post, kiosk, structure, vehicle, neon-sign or sky-sign, realize from such person such charges as may be fixed by the Empowered Standing Committee from time to time.

The Chandigarh Advertisement Control Order, 1954

4. Regulation and control of advertisement. – (1) No person shall without the written permission of the Chief Administrator erect, exhibit, fix or retain any advertisement whether now existing or not, upon any land, building, wall hoarding or structure: Provided always that such permission shall not be necessary in respect of any advertisement which is not illuminated advertisement nor a sky-sign and which— (c) relates to any sale or letting of any land or building upon which such advertisement is exhibited; or to any entertainment of meeting to be held upon or in the same; orto the trade or business carried on by the owner of any tramcar, omnibus or other vehicles upon which such advertisement is exhibited

28. Moving Vehicles.

(a) Advertisement boards carried on vehicle shall not exceed 10 feet in height from the ground level and 7-1/2 feet in width or the width of the vehicle, which ever is less, and shall bear the number and date of the sanction granted by the Chief Administrator in respect thereof.

(b) No vehicle used for the purpose of advertisement shall display any advertisement in a manner, form or method different from that approved by the Chief Administrator.

(c) No vehicle driven or ridden on any street shall have affixed to it any illuminated advertisement or illuminated sign of any nature whatsoever, except such as may be approved by the Chief Administrator.

(d) No vehicle used solely or chiefly for the purpose of advertisement shall be driven or ridden or wheeled within the hours of9.30 A.M. and 11.30 A.M. and ; 4.30 P.M. to 6-30 P.M. on such thoroughfares as the Chief Administrator may ’ notify.

(e) No hand-bills shall be distributed from the vehicles employed for advertising Monthly and Annual fee have to be paid for the following-

• Advertisement Boards carried on vehicles including buses(Non illuminated)

• Illuminated advertisement boards carried on vehicles including buses plying in Chandigarh

• Non-illuminated Advertisement Boards carried on vehicles days

• Illuminated Advertisement Board carried on vehicles solely and chiefly for the purpose of advertisement

Shillong Advertisement Policy Guidelines

Special Provisions for Display of Advertisements-

Bus Advertising- Conditions- a) Area for advertisement/name/logo shall not exceed 75% of the surface area on each side of the vehicle except the entire front portion and rear window of vehicle b) Permitted only on vehicles whose primary purpose is to serve a useful function in the transportation of persons or commodities from one place to another. c) Advertisements shall be affixed, painted, magnetically applied on the outer surfaces of the vehicle or mounted on the vehicle as specified. d) No animation or movement of any form shall be permitted in fleet advertising e) Advertising devices shall not interfere in anyway with the mandatory vehicle signs such as purpose of the bus service, number plate etc. f) Revenue generation from all buses (property of SPV)shall remain with the SPV and become part of the City UTF. Municipal Corporation shall not be eligible for any claims.

Taxi Advertising- a) Area for advertisement/name/logo shall not exceed 25% of the surface area on each side of the vehicle except the entire front portion and rear window of vehicle b) No animation or movement of any form shall be permitted in fleet advertising c) Revenues shall have to be shared with the Municipal Board and the parameter of the same shall be fixed by the Municipal Corporations only.

The Outdoor Advertising Policy 2017 has been finalised after discussions with all stakeholders. The only objection, which continues is from Railways, which has not agreed to the revenue sharing provision.

THE HARYANA MOTOR VEHICLES RULES, 1993

157. Advertisements and other markings on public service vehicles. [Section 111].- (1) No advertising device, figure or writing shall be exhibited on any public service vehicle save as may be permitted by the State Transport Authority by general or special order

Haryana Municipal Corporation Advertisement Bylaws, 2016

(6) The different Departments desirous of seeking advertisements for their land/ devices/ vehicles shall do so with strict adherence to the provisions of this policy.

4. Structure (1) OMD structures devices shall be certified by a Structural Engineer practicing in the field of structural engineering. This requirement is not applicable to specific instances where the OMD is in the form of Advertisement pasted directly to the surface of a structure e.g. pasted sticker on a vehicle, wall wrap.

CASE LAWS:

Hindustan Petroleum Corporation Ltd. V. State Of Kerala High Court Of Kerala|29-06-2016

In this case, the Kerala High Court allowed the Writ Petition which was filed by the petitioner (Hindustan Petroleum Corporation Limited) seeking to declare that the petitioner’s Trade Mark on Tank Trucks does not amount to advertisement or exhibition of the advertisement as envisaged under Rule 191 of the Kerala Motor Vehicles Rules, 1989 and also to quash the Order issued by the Transport Commissioner by which it was held that petitioner was liable to pay advertising charges as provided under Rule 191 of the KMV Rules.

 It was held that the Respondents were not empowered to impose fee on mere writing of name of the petitioner company on vehicles transporting hazardous goods. After referring to the provisions under Rule 134 of the Central Motor Vehicles Rules, which deals with ’emergency information panel’ for goods carriages used for transporting any dangerous or hazardous goods, the Court held that the writings contained in tanker trucks operated by Hindustan Petroleum Corporation Limited by exhibiting its name in large and bold letters, even though has the characteristics of imposing with fee as prescribed under Rule 191 of the KMV Rules, in view of the stipulations and prescriptions contained under Rule 134 of the CMV Rules, are not liable to be imposed with fee for such writings made on the tanker trucks.

 The Court was of the opinion that, the public safety and liberty should be given prominent and predominant consideration rather than generation of revenue by the State by imposing fee on writings made on such transport vehicles. That apart, when a transport vehicle carrying volatile, dangerous or hazardous goods, capable of causing explosion meets with any accident, there is every likelihood of highly risky and uncertain events taking place, which can ruin the life of human beings, and damages to the environment in unimaginable manner and irreparable dimensions. So also, when such accident occurs, people may not go near a hazardous vehicle and ascertain the details written on the Tank Trucks.

 Therefore, at least from a safe distance the name of the company written in large and bold letters, could be ascertained and inform the consignor, apart from informing other authorities like Fire Force, Police etc.

 However, the Court made it clear that, if any inscriptions or writings are made on such transport vehicles inviting public attention for the products of the petitioner company, Rule 191 of the KMV Rules will come into play.

M/s. Brooke Bond (India) Pvt. Ltd.New Delhi & Others v. The New Delhi Municipal Committee, New Delhi & Others  High Court Of Kerala | 09-03-1973

Herein, Brooke Bond (India) Private Limited (petitioners) filed this writ petition against the demand raised by the New Delhi Municipal Committee for recovery of advertisement tax on the alleged advertisements displayed on the vans, and hand–driven carts of the petitioner. The Court held that the mere display of the name of the petitioners (unless it be a trade mark or trade name) did not amount to advertisement within the meaning of the bye–law under consideration and it did not attract the levy of advertisement tax.

 It was opined that in the instant case, it had not been suggested that Brook Bond is the trademark or trade name of the petitioners and there were no words in the impugned advertisement inviting attention of the public to the goods manufactured or sold by them.

 The Court also observed that to a person who knows that the petitioner company manufacturers tea, the name “Brooke Bond” does not add to the information and advertisement as a means of communication is redundant, while if a person does not know this fact already, the display of the mere name of the company does not convey any meaning and it cannot be said to directed to create awareness in potential customers.

 Prominent display of the name of the petitioners in large letters on three sides of a motor van is certainly not necessary or intended to innocently intimate merely the name of the owners to whom the vehicle belongs.

 However, in any view of the matter, this display of the name on three sides of the van falls far short of constituting an advertisement since it does not have any relation to giving information or propagating any ideas with regard to the goods manufactured or sold by the petitioners and it does not help to mould the image of the product of the petitioners or to create any awareness in potential customers, nor does it induce sales with any effectiveness.

Add Co Road Show Advertising v. State Of Kerala  High Court Of Kerala | 30-11-2016

In this case, the petitioner, sought a declaration that the advertisements displayed by them on wooden or metal frame fixed in their vehicles were not liable to be treated as electronic advertisements.

 The Kerala High Court allowed the writ petition and declared that only advertisements similar to advertisements on a rolling screen, digital screen or electronic screen would fall within the scope of the expression ‘electronic advertisement’ contained in the Explanation to rule 191 of the Rules and that printed/written/drawn still advertisements displayed on wooden/iron frames erected on the vehicles are not liable to be treated as electronic advertisements for the purpose of levying fee for display of advertisements provided for under Rule 191 of the Rules.

Supri Advert.& Entertainment Pvt.Ltd v. Anahita Pandole  Supreme Court of India | 02-09-2008-

In this case, the Bombay High Court had dismissed certain Notices of Motion with the direction that mobile hoarding vehicles shall not be parked on the main roads of Mumbai or even the carriage ways and would not obstruct free flow of traffic in any manner whatsoever at main roads and carriage ways of Mumbai. It was against the said decision of the Bombay High Court this Appeal was filed. The Hon’ble SC allowed the appeal and set aside the judgment of the High Court and the directions contained therein.

 It was observed that the High Court, in its anxiety to ensure the free movement of traffic and the safety of both motorists and pedestrians and to avert any untoward incident, proceeded to question the decision taken by the competent authorities without having proper material before it to do so.Contrary to the authority vested in the State Government and the local authority under the provisions of Section 117 of the Motor Vehicles Act, 1988 and Sections 328 and 328-A of the 1888 Act, the High Court had given directions which were beyond the scope of the writ petition.

 The Hon’ble SC was also of the opinion that the State Government, in consultation with the Mumbai Municipal Corporation, invoked the provisions of Section 117 of the Motor Vehicles Act to indicate the spots at which the Mobile Hoarding Vans could be allowed to park and that too after a study of the flow of traffic at such given spots.

 Similarly, the Mumbai Municipal Corporation had also exercised its jurisdiction under Sections 328 and 328-A of the Mumbai Municipal Corporation Act in granting licences for the parking of Mobile Hoarding Vans for the display of advertisements. Since the authorities which were empowered to grant such licences and to specify spots for parking, exercised their authority, it was not safe for the Court to question the decision taken by the said authorities on the basis of allegations made by an individual, without having anything more to rely upon, especially, in the face of the affidavits affirmed both on behalf of the Mumbai Municipal Corporation and the Mumbai Traffic Police.

 The authorities who are entitled in law to grant licence for displaying such advertisements, such as the Mumbai Municipal Corporation and the traffic police, assented to the grant of such licences upon holding that they do not constitute a traffic hazard nor did they disrupt the smooth flow of traffic on the roads on which they are permitted to be parked.

T. Rajagopal, Bangalore v. The Regional Transport Authority, Bangalore Urban, Bangalore & Another High Court Of Karnataka | 22-11-2006

Herein, a Resolution was passed by the Regional Transport Authority, Bangalore which had resolved not to grant permission for exhibiting any mobile advertisements on the transport vehicles. The Petitioner called in question the order passed by the Karnataka State Transport Appellate Tribunal whereby the revision petition

filed challenging the resolution was dismissed. The main issue involved herein was whether the action of the Respondent in prohibiting the exhibition of advertisements and writings on the Transport vehicles was illegal being arbitrary or without jurisdiction?

• The Court observed that Rule 127(1) of the KMV Rules, 1989 makes it clear that there is a prohibition for a transport vehicle to exhibit any advertising device, figure or writing. However, the authorities are empowered to grant permission either by issuing general or special orders. In fact, pursuant to the said power conferred on the authority, in the year 2002-03 the authority permitted the exhibition of such advertisements on the transport vehicles with prior permission after paying the prescribed fees.

• The Court opined that the authorities have kept in mind the fact that such advertisements carried on the transport vehicles tend to divert or distract the attention of the drivers of the other vehicles, which may endanger the safety on the road. So, it could not be said that this reason assigned for taking such an action was unreasonable or arbitrary.

• In the present circumstances, road safety has become a prime concern of the authorities. The initiation of such action that too, pursuant to the provisions contained under Rule 127 of the KMV Rules cannot be characterized as arbitrary or unreasonable. Petitioner cannot claim any vested right to exhibit such advertisements on the transport vehicles.

• The Court also observed that there was no right in the owners of the transport vehicle to exhibit such advertisements, as there is a prohibition under Rule 127(1) of the KMV Rules. It is only by the permission of the authorities that any such exhibition can be allowed. When the authorities decided that such permission cannot be given in the interest of the road safety of the public, the same cannot be found fault with.

• A perusal of the resolution disclosed that it was made applicable uniformly even to those vehicles to which permission had already been granted, after the expiry of the period for which the permission was granted. They could not continue to exhibit the advertisement devices or writings once their license expired.

• Hence, the writ petition was dismissed.

KASARAGOD DISTRICT BUS OWNERS’ ASSOCIATION v. REGIONAL TRANSPORT AUTHORITY  High Court Of Kerala | 13- 10-2014

In this case it was contended that under Clause (xviii) of sub-section (2) of S. 96 of the Motor Vehicles Act, 1988 , the State Government alone has the power to make rules for regulating the painting or marking of transport vehicles and display of advertising matter thereon. The State Government having not prescribed any such Rules, it was the contention that, the R.T.A. cannot impose certain conditions.

The Court specifically found the jurisdiction of the R.T.A. to make an order. It also had already remanded the matter to the R.T.A., only for fresh consideration, whether the order should be implemented on the ground realities. It was also made clear that the order in so far as the autorickshaws were concerned, shall be implemented, since there was no challenge against that. Only the stage carriage operators had come before this Court, challenging the Order. The Writ Petition was dismissed.

Coimbatore Consumer Cause, K. Kathirmathiyon v. State of Tamil Nadu, Represented by its Secretary to Government, Chennai & Others High Court Of Madras | 23-11-2009

Herein, the Writ Petition was filed to issue a Writ of Mandamus directing the respondents(State of Tamil Nadu, Transport Commissioner, Tamil Nadu State Transport Corporation (Coimbatore) Ltd.) to initiate appropriate action against the violation of Rule 343 of the Tamilnadu Motor Vehicles Rules with regard to the prohibition of advertisements on buses, both Government and private, in the entire State of Tamilnadu, and to remove all such illegal advertisements.

• It was mainly contended that in many of the vehicles run by the State and the private operators, the glass window screens were covered by advertisements which not only restricted the transmission of the light into the vehicle and was a source of major distraction to the other road users, particularly, drivers of the other vehicles.

• The Court opined that the affidavit filed by the Special Secretary to Government, Home Department, had clearly set out that there will be no advertisement in the front rear and side windows of the bus and advertisement will be permitted strictly complying with the Rule 343 of the Tamil Nadu Motor Vehicles Rules, 1989 and if required, suitable amendment will be made.

• Till such time the guidelines are framed or amendments made the State was directed to ensure that reflective eye catchers displayed on vehicles which restrict the light into all motor vehicles in violation of Rule 100 of the Central Motor Vehicles Rules should be removed and the rule has to be enforced strictly.

• The Court opined that in any event, the display of reflective sticker type advertisement on the glass panel of the vehicles clearly obstruct the flow of light into the vehicle and it also affects the vision of the persons looking from outside the vehicle.

• The Court clarified that some of the respondents were entitled to work out their agreement with the respective transport corporation or the authority concerned for relocating the advertisement in any other exterior part of the vehicle commensurate with the guidelines suggested by the Special Secretary to Government, Home Department. The Government or the authority would consider their claim for relocation in accordance with the guidelines submitted and such other guidelines as may be formulated.

The Court also ordered the respondents to implement certain guidelines as suggested by the State which are- There should be no advertisements in the front wind screen or rear window or side windows of the vehicles since this will be a contravention of the Central Motor Vehicles Rules, 1989; Advertisements may be allowed inside the vehicle and rear portion of the exterior body of the buses as already provided under Rule 343(a) of the Tamil Nadu Motor Vehicles Rules, 1989; Permission to display advertisements on the exterior side may be considered on body panel sheets. If there are glass panels above the windows on the sides of the vehicle display of advertisements on such panels may also be considered. To operationalise this new provision amendment is warranted to Rule 343 of the Tamil Nadu Motor Vehicles Rules, 1989; The Transport Corporation/Bus operators should get proper permission from the Regional Transport Authority as per Rule 343 of the Tamil Nadu Motor Vehicles Rules, 1989; Regional Transport Authorities should ensure that advertisements are not offensive, obscene and are not a cause for major distraction to the other road users; All the advertisements displayed in contravention of these guidelines should be removed by the operators. In case of continued violation, the permits of the operators may be suspended.

Dr. Anahita Pandole Indian Inhabitant v. State of Maharashtra Urban Development Department Municipal Corporation of Brihan Mumbai Mhapalika Marg & Others High Court Of Judicature At Bombay | 05-05-2004

Herein, various prayers were made in relation to removal of hoardings, they being violative of provisions of the Motor Vehicle Act, 1988 and the Mumbai Municipal Corporation Act, 1888 and for a direction that all hoardings be removed. The Court directed the State Government and the Corporation to make appropriate regulations in exercise of their respective statutory powers and in consultation with the appropriate bodies in relation to advertisement hoardings. It needed to be examined by these authorities whether such mobile hoarding vehicles can at all be granted such permissions and/or licences in light of this judgment and the law in force.

• The Court opined that it is a matter of common public knowledge that these `mobile hoarding vehicles’ adversely affect the look of the area concerned, contravene the laws, are unsafe and infringe canons of public safety, protection of heritage precincts and even the environmental laws.

• Merely because the Corporation is generating some revenue for itself and that the Applicants have spent considerable amounts in providing the vehicular infrastructure for advertising purpose, per se is no ground to diminish the value of adherence to law and public necessity. Larger public interest must prevail over private interest and there are no equitable factors or circumstances which could tilt the balance in favour of the Applicants and the Corporation.

• The Court observed that the Corporation and the Police authorities failed to perform their statutory duties strictly in compliance to the mandate of Legislature. It was noticed that even the certificate of registration and other required forms under the Motor Vehicles Act and the Rules framed thereunder have been obtained by the Applicants either by misrepresentation or in an improper way. It appears that authorities have not exercised their powers vigilantly and in accordance with law. The authorities concerned are expected to grant such permissions upon proper application of mind and ensuring that larger public interest, public necessity and public environment is not undermined for private interest and little revenue that the authorities may earn. It is a salutary principle that normally revenue generation should not be at the cost of environmental, social and human rights.

• Very importantly, the Court made the orders dated 13th March and 3rd April, 2008, absolute.Vide these Orders, the court had placed the restrictions for mobile vehicular hoardings not to obstruct the free flow of the traffic on the main road as well as carriage in the city of Mumbai.

• Reference was also made to the declaration of policy by the Department of Road Transport, Union of India as stated on 28th April,2008.As per the extant policy of the Ministry, advertisement are not allowed on national highways within the right. However, some relaxation can be allowed in public interest in regard to hospitals, etc. It also said that the National Highway (Land and Traffic) Act, provides for removal of unauthorised encroachment which include removal of hoardings from right of way.

M/s. Suswarajya Foundation, Satara& Others v. The Collector, Satara& Others High Court Of Judicature At Bombay | 31-01-2017

In this case the Court directed that the State Government of Maharashtra shall formulate a policy for the guidance of the Municipal Councils and Corporations dealing with the grant of permissions to display of sky- signs and advertisements. The policy shall provide that permissions should not be granted to display sky- signs and advertisements in such a manner which will distract drivers of motor vehicles and the pedestrian crossing the roads. It also directed all the Municipal Corporations/Councils to formulate exhaustive policies or to amend the existing policies within a time frame in the light of the Policy of the State Government.

K.M. ANSAR v. STATE OF KERALA High Court Of Kerala| 31-08-2017

In this case, the Petitioner, registered owner of a goods carriage and engaged in the field of advertisement, had contended that after the expiry of the permit granted from the Motor Vehicles Authority, the petitioner had not conducted the advertisement and therefore, there was no power for the statutory authority to insist for payment of arrears and therefore, they were bound to consider the application seeking permission for the year 2016-17.

The petitioner was informed that after the expiry of the license granted, petitioner had not remitted the advertisement fee and the application would be considered only after the remittance of the arrears of the advertisement fee, in accordance with the Motor Vehicle Rules, 1989.

The Court was of the considered opinion that the adjudication proceedings initiated by the respondents could be proceeded with, which would be guided by the orders passed thereon. However, since the petitioner had already remitted the necessary fee for a period of two months, petitioner was permitted to operate the vehicle for the said two months period.

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