State Act

The Mumbai Municipal Corporation Act.

3[328A. Regulation and control of advertisements.— (1) No person shall, without the written permission of the Commissioner, erect, exhibit, fix or retain any advertisement whether now Regulation existing or not, upon any land, building wall, hoarding or structure. 4[Where an advertisement depicts any scene from a cinematographic film, stage advertisements, 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:] 5[Provided that, the power of the Commissioner under this sub-section shall be subject to the regulations framed in this behalf:] Provided always that 6[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; 1[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: 2[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 (Bom. VII of 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 (Bom. LVIII of 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 3[or, as the case may be, the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950)] 4[or the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956)], upon any land, building, wall hoarding or structure save and except as permitted or exempted from permission as herein before 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) 5[(a)] The word “structure” in this section shall include 6[a tram-car, omnibus and any other vehicle and any moveable board] used primarily as an advertisement or an advertising medium; 7[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 it’s 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.]