State Act

The Gujarat Provincial Municipal Corporations Act, 1949

2[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 advertisment 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 struture 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.]