Draft Rules For
Draft Rules For
Draft Rules For
CDMA014034/1/2018-K SEC-CDMA
Draft Rules on –
ANDHRA PRADESH REGULATION AND CONTROL OF DISPLAY DEVICES IN
URBAN LOCAL BODIES FOR PROMOTION OF PRODUCTS AND SERVICES
RULES, 2020
Background before Act Amendment:-
1. Government vide Act No.9 of 2020 have made the following amendments to
the Municipal Laws:-
RULES:-
1. These rules may be called “ANDHRA PRADESH REGULATION AND
CONTROL OF DISPLAY DEVICES IN URBAN LOCAL BODIES FOR
PROMOTION OF PRODUCTS AND SERVICES RULES, 2020”
2. Definitions: -
In these rules, unless the context otherwise requires, -
a. ‘Act’ means the Andhra Pradesh Municipalities Act, 1965 (Act No.6 of 1965),
Municipal Corporation Act, 1955 (Amendment Act II of 1956), Andhra Pradesh
Municipal Corporation Act, 1994 (Act No.25 of 1994), Greater Visakhapatnam
Municipal Corporation Act, 1979 (Act No.19 of 1979), Vijayawada Municipal
Corporation Act, 1981 (Act No.23 of 1981);
b. ‘Board’ includes a case, frame or surface or any material whatsoever.
c. “Competent authority” means the Commissioner of the Municipality or
Municipal Corporation
d. ‘Displayer’ includes any agent or owner or principal on whose behalf the
device is displayed, the owner of any enterprise about which the device is
displayed or the Agency
e. ‘Display” means the display of any matter – commercial or non-commercial
either by visual, audio, print or electronic mode, which targets public view at
any given point of time, it includes any display of word, model, sign, sky-sign,
ply card, notice, device or representation, whether illuminated or not
f. ‘Display Device’ means any advertisement medium used to display an
outdoor advertisement shall be called as a Display Device.
g. ‘Government’ means the State Government;
h. ‘Month’ means a calendar month;
i. ‘Person’ Includes a Hindu undivided family, any company or association of
body of individuals whether incorporated or not;
j. ‘Schedule’ means the Schedule annexed to these rules;
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k. ‘Sign’ means any word, picture, model, device or other presentation, in the
nature of the display, announcement or direction, written, printed, prescribed,
embossed or painted; and
l. ‘Year’ means the financial year.
3. APPLICABLITY:
These rules are applicable to all the Urban Local Bodies of Andhra Pradesh
covered by the Andhra Pradesh Municipalities Act, 1965 (Act No.6 of 1965),
Andhra Pradesh Municipal Corporation Act, 1994 (Act No.25 of 1994) based on
Municipal Corporations Act, 1955, Greater Visakhapatnam Municipal Corporation
Act, 1979 (Act No.19 of 1979), Vijayawada Municipal Corporation Act, 1981 (Act
No.23 of 1981).
4. SCOPE:
a. Any department/section/wing of the government (all three tiers) willing to allow
their premises (land, building, horizontal and vertical space, assets, utilities,
and surface) for erecting Display Devices or structures and using such
Display Devices for display of Commercials and Non-Commercials,
awareness campaigns, publicity notifications would adhere to these rules and
any subsequent legislation adopted based on these rules
b. Any private entity, person, groups, trust, societies, political parties, and others
willing to allow their premises (land, building, horizontal and vertical space,
assets, utilities, and surface) for erecting Display DEVICES and structures
and using such Display Devices for display of Commercials and Non-
Commercials Messages, would adhere to these rules and any subsequent
legislation adopted based on these rules and
c. Any department/section/wing of the government (all three tiers) and/or any
private entity, person, groups, trust, societies, political parties, and others
willing to use any Display Device erected for the display of Commercials and
Non-Commercials Messages, notification, publicity notices, and information
would adhere to these rules and any subsequent legislation adopted based on
these rules
All existing Display Devices shall comply with these rules on Display Devices within
a period of 90 days (ninety days) from the date the Government of Andhra Pradesh
notifies these rules.
c. The Urban Local Body through the elected body would adopt and approve the
tariffs for various Display Devices towards:
Empanelment Fee for enrolment of the Displayer,
Registration fee for registration of the Display Devises,
Permission fee to display,
Permission fee for renewal to display
land/space/site charges in case of allotment of Municipal Land / space /
site or Building (with a condition of Annual escalation of 5% year to year
not exceeding three years of lease) and Name Transfer and Mutation
fee, Regularization fee, Renewal Fee, late fee etc.
d. The Urban Local Body through the Office of the Town Planning Section would
process the applications for:
i. Empanelment of Displayer - who would erect or use such Display Devices
of either on private space or public space
ii. Registration for Display Devices
By using the public land and space belonging to the Urban Local Body
for erection of Display Devices – permanent structures;
By using the public land and space belonging to the Urban Local Body
for erection of Display Devices – temporary structures;
Any temporary display of Commercials and Non-Commercials
Messages or information matters;
iii. Permission for Display
iv. Mutation
v. Any renewal for empanelment of Displayer, registrations and permissions;
vi. Empanelment of Structural Engineer, having knowledge on Structural
Design.
e. The Urban Local body should follow the legal procedures and processes
attached with the display of Commercials and Non-Commercials Messages
using Display Devices;
f. The Urban Local body should specify areas, which would be barred from any
display of Commercials and Non-Commercials Messages, notifications,
banners, etc.;
g. The Urban Local body should keep a check on unauthorized and illegal Display
Devices and remove any unauthorized structures and displays – temporary
and/or permanent;
h. The Urban Local Body shall take punitive action against the violators by
imposing a fine and levy of penal charges, interest, or fees that are not paid
within the due date.
i. The Urban Local Body must assign a unique identity number to each
permanent and temporary Display Device as per the logic mentioned and
recommended in this policy – the Urban Local Body must ensure to affix such
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e. The Display Devices shall not result in the removal of, or damage to, any tree
in a public place without prior written authorization of the Urban Local Body;
f. The Display Devices shall not have a detrimental visual impact on property
within the radius as specified under the categorization of display zones;
g. The Display Devices shall not be outside the display zones allowed for
erection or placement of Display DEVICES;
h. If the Display Devices has been declared dangerous (partly or fully) or has
been issued with the notice under The Andhra Pradesh Municipal
Corporations Act, 1994 (Act. No. 25 of 1994), and The Andhra Pradesh Urban
Local Body Act, 1965 (Act No. 6 of 1965);
i. If it violates the building by-laws of the Urban Local Body;
j. An Display Devices may be considered a traffic hazard and shall not be
allowed, if it interferes with road safety or traffic efficiency at zones like:
i. high speed diverging, merging or weaving at an Intersection such as at a
"Y" intersection or large high-speed roundabouts;
ii. in the vicinity of Intersections where through lanes merge and where
vehicles are required to merge at higher speeds (e.g. where" trap lanes"
are created on the approaches to, or exit from, intersections and where a
divided motorway becomes a two-way road);
iii. Intersections or sections of road which, because of lane configuration or
geometry, may require an increased level of driver concentration (e.g.
five-way intersections, back to back horizontal curves);
iv. on the outside curve of a divided road where advertising is directed at
traffic on the opposite carriageway and the geometry, angle or other
factors make this undesirable;
v. sections of road displaying traffic signals, directional signage, regulatory
or advisory signage that (when considered singularly or in combination)
are believed to be significantly more different or complex than would
normally be expected (at these intersections, it would be expected that the
required reading and interpretation period of the traffic control device(s)
would be significantly longer);
k. The Display Devices shall not obstruct a fire escape or the means of access
to or egress from a fire escape; or comply with the minimum clearance with
regard to overhead power lines stipulated in any law;
l. In case of Display DEVICES placed on parts/portions of any building (private
or public), the following points need further consideration:
i. The structure shall not block the passage, entrance, or cause
inconvenience of access to any building (both entry & exit);, any
openings of the building such as door/window/verandah.
ii. The structure shall not block, conceal, or inconvenience the public view
of the front of any shop or establishment in a direct or indirect manner so
that the business behind is affected;
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b. The empanelment is mandatory for all entities who would be owning a Display
Devices – whether temporary or permanent;
c. The empanelment is not mandatory for entities who would be owning a
Display Devices that being exempted from adherence to these rules
d. The following information would require at the time of empanelment with each
Urban Local Body (a Displayer can have multiple empanelment across the
State)
i. Name of the Applicant;
ii. Registered Address of the Applicant;
iii. Business/Local Address of the Applicant, if any;
iv. Telephone contact details (fixed line and mobile);
v. E-mail Address;
vi. Trade license details of the Registered Address;
vii. Trade license details of the local address, if available;
viii. Type of entity; [Select from the list of applicable entities];
ix. Details of Directors, Partners, Trustee Members, Principal Officer of the
Department/Section/Wing, and Proprietor (name, address, e-mail ID,
AADHAR details);
x. PAN issued by Central Board of Direct Taxes for the entity;
xi. GSTIN issued by Central Board of Excise and Customs for the entity;
e. After selection of all options, declare whether the applicant had been black-
listed or debarred by any department/section/wing of the government (all
three tiers) [applicable for applicants other than department/section/wing of
the government (all three tiers)];
f. Declare, whether any fees are due to the Urban Local Body;
g. The system displays the total empanelment fee under the head “Fees for
Displayer Empanelment”, with options of online payment using e-payment
gateways or generation and printing of the invoice for payment at designated
collection points or banks;
h. The Empanelment Certificate would be available online for download, after
receipt of payments and processing of the application (within 7 days from the
date of application], or it may be available from the office of the Urban Local
Body if such online downloads are not available for some reason;
i. The Urban Local Body may reject an' application of any person/entity for
empanelment as an “Displayer for DISPLAY DEVICES” if there is a reason to
believe that the particulars furnished by such person/entity are neither true nor
is eligible for reasons to be recorded in writing. In case of rejection, the full
amount paid towards “Fees for Displayer empanelment” shall be refunded to
the applicant within fifteen days from the date of rejection.
j. The applicant would be issued Empanelment Certificate;
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a. The process of getting permission to Display would be on-line using the online
Application for Display Devices and Display Management;
b. The “Permission to Display” is mandatory for all display devices - whether
temporary or permanent.
c. The following information would require at the time of registration of the
Display
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from the date of application], or it may be available from the office of the
Urban Local Body if such online downloads are not available for some reason;
e. The Urban Local Body may reject an' application of for permission to Display if
there is a reason to believe that, particulars furnished by are neither true nor
is eligible for reasons to be recorded in writing. In case of rejection, the full
amount paid towards “Fees for mutation” shall be refunded to the applicant
within fifteen days from the date of rejection.
f. The Displayer would be issued mutation Certificate.
17. Procedure for Renewal
a. Procedure for Renewal Registration of Display Device
Renewal of registration of the Display Device would take place upon application
unless specifically cancelled by the Urban Local Body or requested by the displayer
for cancellation after the stipulated time but within 15 days before expiry of the
registration subject to submission of structural stability certificate of the Display
device structure and if the said device is on, a building structural certificate of the
building, at time of renewal, from an empanelled structural engineer upon payment of
prescribed renewal fee. The renewal shall be approved on the following basis:-
a. Duly and timely payment of fee during the registration period
b. That, the Displayer has strictly followed the rules and regulations as laid by
the Urban Local Authority during the Registration period.
c. The structural stability certificate provided by the empanelled structural
engineer shall be based on the Non - Destructive tests carried out by him, as
per acceptable norms and practices, which should be specified in the
certificate.
d. The displayer shall produce a copy of the No Objection Certificate (NOC) from
the Owner of the premises, where the display device is erected.
e. The process of renewal would be on-line using the online Application for
Display Devices and Display Management;
f. The system displays the total renewal fee under the head “Fees for
permission, with options of online payment using e-payment gateways or
generation and printing of the invoice for payment at designated collection
points or banks;
g. The renewal Certificate would be available online for download, after receipt
of payments and processing & verification of the application (within 7 days
from the date of application], or it may be available from the office of the
Urban Local Body if such online downloads are not available for some reason;
h. The Urban Local Body may reject an' application of for renewal if the
application does not meet the requirement mentioned above. In case of
rejection, the full amount paid towards “Fees for renewal” shall be refunded to
the applicant within fifteen days from the date of rejection.
i. The Displayer would be issued renewal Certificate.
b. Procedure for Renewal of Permission to Display
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For renewal of Permission to Display, the “Displayer for Display Devices”, shall apply
for renewal of the permission within 15 days before expiry period of permission in the
same process for applying for a fresh permission duly paying the prescribed fee for
renewal of Permission to Display. The renewal shall be approved subject to the
condition that, the Displayer has strictly followed the rules and regulations as laid by
the Urban Local Authority during the previous permission period.
a. The process of renewal would be on-line using the online Application for
Display Devices and Display Management;
b. The system displays the total renewal fee under the head “Fees for
permission, with options of online payment using e-payment gateways or
generation and printing of the invoice for payment at designated collection
points or banks;
c. The renewal of permission Certificate would be available online for download,
after receipt of payments and processing & verification of the application
(within 7 days from the date of application], or it may be available from the
office of the Urban Local Body if such online downloads are not available for
some reason;
d. The Urban Local Body may reject an' application of for renewal if the
application does not meet the requirement mentioned above. In case of
rejection, the full amount paid towards “Fees for renewal” shall be refunded to
the applicant within fifteen days from the date of rejection.
e. The Displayer would be issued renewal permission Certificate.
Transfer (DBOT) terms and conditions and allots the unique identification
number (UIN) of such Display Devices;
b. The “ Displayer for Display Devices” completes the erection, construction, or
placement of the for Display Devices within 90 days of the contract and tags
the unique identification number (UIN) of such Display Devices;
c. For all existing Display Devices as on the date of the adoption of these rules,
the Urban Local Body shall allow a 180 days transition period to adopt the new
framework;
d. In case The “ Displayer for Display Devices” decide not to manage the Display
Devices, then it shall transfer the rights to the Urban Local Body; the Urban
Local Body shall re-allot DISPLAY DEVICES to any “agency for Display
Devices” by a process of open-tender and the transferor pays the required
“name transfer and mutation fee” to the Urban Local Body;
e. The “ Displayer for Display Devices”, thereafter contracts out to any agency
willing to put up display on that particular Display Devices; these contracts
would be unique to the parties and Urban Local Body shall have no role,
provided all terms of their agreements are within the framework of these rules
and other laws in force; the Urban Local Body shall not control any price;
the respective ULB. It is onetime fee and varies from one ULB to other
ULB. The fee is to be fixed by the respective Municipal Councils.
b. Registration/Regularization fee: The Registration fee/ Regularization fee is
to be collected for each of the Display Device at the time of
registration/regularization of the existing device. It is also onetime fee. The
Minimum and Maximum fee to be collected is as follows:-
Registration/Regularization fee
S. First, Second,
Type of Display Device Size Corporations, Third grade
No. Selection & Special ULBs and Nagar
Grade ULBs (Rs.) Panchayats (Rs.)
d. Mutation fee: The Mutation fee shall be 20% of the normal registration fee as
detailed above
e. Renewal fee: The renewal fee shall be the equal to normal registration and
permission fee as prescribed in the policy.
f. Late Fees
Applicable for displayer when found by the Urban Local Body to have delayed any
payment liability beyond the prescribed due date. Late Fine would be equivalent to
the rates that the Urban Local Body levies for other cause or 5% of the dues.
g. Revision of Fees Method
The fees as prescribed above would be reviewed every three years and the State
Government and the Urban Local Body would revise the fee according to the cost
inflation index that Reserve Bank of India or the Central Board of Direct Taxes
adopts
c. by forwarding the notice through e-mail on the registered e mail id; and by
handing over a copy of the notice to any of the authorized representative;
e. Appeals
a. Any grievance, in relation to this policy needs to be addressed to the
Competent Authority, within 30 days from the receipt of orders or cause of
action as the case may be. The Competent Authority for sufficient cause, at
his discretion may condone any delay of filing for up to 30 days
b. If the applicant simultaneously seeks redressal in a court of law for the same
cause of action, the appeal to Competent Authority shall stand automatically
dismissed.
f. Insurance and Indemnity
The Owner or agency of the Display Devise shall be liable to buy insurance against
public liability.
Display Devises Owner or the agency of the Display Devises shall be required to
indemnify the Competent Authority for the designated Display Devises and activities
against all actions, proceedings, claims, demands, costs, losses, damages and
expenses which may be brought against, or made upon the Competent Authority
which arise as a result of the installation or existence of a Display Devises.
The Display Devises Owner or agency shall always be responsible for any injury or
damage caused or suffered by any person or property arising out of or relating to the
Display of Advertisement and the consequential claim shall be borne by the
Advertiser who will also indemnify and safeguard the Competent Authority in respect
of any such claim or claims
g. Withdrawal and Amendment of Approvals
Urban Local Body may withdraw an approval granted or amend any condition or
impose a further condition in respect of such approval if, in the opinion of the Urban
Local Body, the Display Devices concerned:
a. Is or has, as a result of a change to the nature of the environment or the
amenity of the neighborhood, streetscape or Urban Design existing at the time
of such approval, become detrimental to the area in which it is located by
reason of its size, intensity of illumination, quality of design, workmanship,
material or its existence;
b. Constitutes, or has become, a danger to any person or property;
c. Is obscuring a critical and aesthetically important natural feature, architectural
feature or visual line of civic, architectural, historical or heritage significance;
d. Is or has become prohibited in terms of this policy or any other law;
e. If any Display Devices or the part thereof falls either through an accident or
any other cause;
f. If any addition is made except for the purpose of making it secure under the
direction of the Urban Local Body;
g. If any change is made in the Display Devices or part thereof;
h. If the building or structure or property upon or over which the Display Devises
is erected demolished or destroyed and
i. Any other site/location specific reason as may be decided by the Urban Local
Body in public interest, safety, aesthetics etc.
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Prior to taking any such decision, Urban Local Body shall in writing notify the
Registered entity of its proposed decision or may take suitable action that he or she
may within seven days (7) days of the date of the notice make written
representations concerning the proposed decision. Urban Local Body shall give
reasons in writing.
In case of partial or complete withdrawal of permission by the Urban Local Body,
Registered entity shall have to remove or amend the Display Devices within 7 days
at his own risk and cost and refund of the balance amount of license fee shall be
given to the registered entity within 30 days of such withdrawal.