, thin (alls CA — From Financial Commissioner & Principal Secretary to Govt Haryana, Urban Lace! Bodins Department,Chandigarh To 1. All Divisional Commissioners in the State 2.Commissioners, Municipal Corporation,Faridabad and Gurgaon: 3. All Deputy Commissioners in the,State of Haryana. 4, Executive Gfficers / Secretaries of all Municipal Councils / Committees in the State of Haryana. Memo No. 2/4/2005—R | Dated: 16.02.2010 ‘Subject: The Haryana Municipalities Outdoor Advertising Policy, 2010. Please refer to the matter cited as subject above. 2 It is intimated that the Council of Ministers in its meeting held on 04.02.2010, approved the Haryana Municipalities Outdoor Advertising Policy, 2070. It will now supercede the Haryana Municipal (Control on Advertisement) Byelaws,2008 notified on 05.05.2008 and all other subsequent instructions issued thereafter. Henceforth, all outdoor advertisements shat be governed by this policy. A copy of the said policy is sent, herewith, for necessary action, DA/AS above. ) L£& if, ta intehdent Conimittee-I! For Finaricial Commissioner & Principal Secretary to Govt Haryana, Urban Local Bodies Departmont Endst.No. 3/4/2C06-—R | Dated: 16.02.10 ‘Acopy of tite policy is sent to the following for necessary action :-- 1. Finencial Commissioner & Principal Secretary to Govt. Haryana, Revenue & Disaster Management, Chandigari. 2. Financial Commissioner & Principal Secretary to Govt. Haryana, Finance Department, Chandigarh. 3. Financiel Commissioner & Principal Secretary to Govt. Haryana, Transport Department, Chandigarh, 4, Financial Commissioner & Principal Secretary to Govt. Haryana, Town & Country Planning Deptt. Chandigarh, Financial Commissioner & Principal Secretary to Govt. Haryana, industries Department, Chandigarh. Financial Commissioner & Principal Secretary to Govt. Haryana, PWO(B&R) Department, Chandigarh. Financial Commissioner & Principal Secretary to Govt. Haryana, Public Relations Department, Chandigarh Director, Urban Local Bodies, Haryana, Chandigarh. A of Lena b << ~ cibehiterddent Comiiftee-I For Financial Commissioner & Principal Secretary to Govt. Haryana, Urban Local Bodies Department a 2 NoThe Haryana Municipalities Outdoor Advertising Policy, 2010. _1, Guiding principies: The Haryana Municipalities Outdoor Advertising Policy 2010 The guiding principles of the Outdoor Advertising Policy are as follows: 1. The policy for outdoor advertising is driven, not By revenue imperatives, but by town's / city's devainament imperatives. Therefore, in its implementation, it wil be clear that outdoor heardings are permitted only if they are not a road Safety hazard or if they support the town's / city’s public service development and enhance its aesthetics. 2. The peliey will explictly work to discourage visual clutter, This will be done by increasing the space between the billsoards and in restricting large billboards to select areas of the town / city, like its commercial hubs. 5. The policy is designed to ensure that outdoor advertising is not hazardous to traffic, it will assume that there is a significant correlation between road safety and distracticn because of roadside billboards, visible to the drivers. This will be done by cilowing large size billboards only after significant distance from the traffic junctions and intersections. sy providing significant space between the two billboards on roads, by completely banning billboards on pedestrian walkways and in placing billboards at significant distance from the right of way of any road, 4. The policy will actively promote the large size billboarris in commercial areas (derined as metropolitan city centre district centre / sub central business district, community sentra local shopping cantre / convenience shopping centre in the master plan) of the city. In this case, the agency wil work to maximize the revenue gains, which can be used for city development. 5. The policy will promote the use of advertising in what is commonly known as Street furniture. These are devices placed on public service amenities of the city like railway carriages, buses, metro trains, commercial passenger vehicles, bus shelters, metro shelicrs, public toilets and public garbage facilities, to name a few. This is donc to improve the revenue viability of these Public provisions, But it will be noted that the use of advertising space is not the primary function of the utility, it is its supporting function, Therefore, the city agency will ensura that the placement of the public utility is done keeping in mind its public purpose, not its advertising viability, in addition, the agency will ensure that the primary flincton of the “street fumiture’ 1s being he taken against the maintained anc if net then suitable punitive acton mi6. The policy is judicious in ensuring that there is a differentiation between the use of commercial advertising and private advertising, where signage is used to identify the location of the owner of the building or the space within the building. The policy will do this by laying down clear lists of wiiat 1s allowed and what is completely disallowed to guide members of the public. 2. Role of Municipalities (Municipal ,corporations/councils/ Committees In the areas controlled’ by Municipal Corporations / Councils / Committees, outdoor advertisement devices visible to the public is governed by the provisions of Sections 200 (p) and 214 of the Haryana Municipal Act, 1973 and Sections 88, 392 and 393 of the Haryana Municipal Corporation Act, 1994. As per these provisions, the Government is empowered to frame byelaws to regulate the posting of bills & advertisements and the position, size, shape and styie of name- boards, sign-boards and sign-posts and to remove unauthorized advertisement devices. 3. General permission criteria for advertising devices 3.1 Outdocr advertising snd road safery criteria Roadside Advertising Devices are one of the many stimuli confronting road users. Cognitive assessment of roadside objects or devices becomes more difficult as the levol of drivers’ attention, distraction and decision-making is increased. The permission criteria for the display of advertising devices are intended to ensure that 2 high levet of safety for road users is maintained and traffic efficiency is assured. ‘An advertising device may be considered a traffic hazard If it interferes with road safety or traffic efficiency if it interferes with the effectiveness of a traffic contro! device (eg. traffic light, stop or give way sign) Distracts a driver at a critical time (eg. making a dacision at an intersection) Obscures a driver's view of a road hazard (eg. at comers or bends in the road) Gives instructions to traffic to "stop’ ait" or other (eg. give way or merge), Imitates a traffic control deviceIs a dangerous obstruction to road or other infrastructure, traffic, pedestrians, cyclists or other road users. ls in an area where there are several devices and the cumulative effect of those devices may be potentially hazardous. If situated at locations where the demands on divers’ concentration due to road conditions are high such as at majorgintersechons or meiging and diverging lanes. The traffic hazard potential of an advertising device varies depending on its size, location, luminance and background. The hazard generally diminishes the further the device is away from the road As per the policy 2010 below the advertisement devices have been categonzed: Category 1; Large-format advertisements, mainly fixed on billboards/unipoles and bridge and flyover panels; Category 2: Advertisements mounted on public amenities, like public toilets, garbage cellection points ote; Category Category: The application of contre! o> Fleets and transport related infrastructure; Advertisement devices for self-advertising in commercial areas hysical characteristics is intended to minimize the level of driver distraction Control of the physical characteristics of aavertising devices shail be as follows: Advertising Devices shall not use shapes that could potentially result in an Advertising Device being mistaken for an official traffic sign. The Code of Practice for Road Signs 1RC:67-2001. by indian Roads Congress prescribes the basic design parameters of official traffic signs and includes standard legend/background colour combination Advertising shail not contain flashing red. biue or amber point light sources which, when viewed from the road, could give the appearance of an emergency service or other special purpose vehicle warning light/s, All lighting associated with the Advertising Device shall be directed solely on the Advertising Device and its immediate surrounds. External illumination sources shall be shielded to ensure that external ‘spot light sources are not directed at approaching motorists. Illumination of advertising device is to be concealed or be integral part of it Upward pointing light of the device shall not be allowed, any external lighting is to be downward pointing and focused directly on the sign to prevent or minimize the escape of light beyene sign. Any light source shall be shieiced so that glare does not extend beyond the Advertising Device.The average maintained luminance shall be reduced to 0.5 candeia or all together shut, affer 2300 hours (11pm) and sunrice by automatic timing devices. Non-static illuminated Advertising Devices (flashing lights) are net Pr emitted within the boundaries of municipal roads. . Moving, rotating or variable massage Advertising Levices af@ not permitted imi tne boundaries of roads controlled by municipalities as these caves & “fafistically significant distracive influence on motorists response limes to external stimuli. This permission enterion js not intended to apply to variable messce sisplays tused by road authorities for traffic management or for displaying sther Corporate information. Variable message displays located at bus st or similar places where messages are dirscted at, and intended for, pedestrians (not motorists) are excluded. 3.2 Outdoor hoarding and their content criteria The policy will rely upon self-regulatory controls within the advertising industry to enforce minimum advertising standards Not withstanding this approach, the city agencies may teke action to modify or remove any Advertising Device that contravene the Advertising Industry's Code of Ethics, (refer List of Negative Advertisements) of that otherwise causes a traffic hazard. a) (List of negative advertisements _ Nudity | Racial advertisements or advertisements propagating casts, community oF | ethnic differences | advertisement promoting drugs, alcohol, cigarette or tobacco items | Advertisements propagating exploitation of women or child : Advertisement having sexual overtone Advertisement depicting cruelty to animals Advertisement depicting any nation or institution in poor light | Advertisoment casting aspersion of any brand or person Advertisement banned by the Advertisement Council of India or By ta Advertisement glorifying violence Destructive devices and explosives dopieting items | Lottery tickets, sweepstakes enties and slot machines related advertisements | Any psychedelic, laser or moving displays Advertisement of Weapons and related items (such as firearms, firearm parts and magazines, ammunition etc.) warn libelous. untawtully;¢ Advertisements which may be obscene cr contain eee py oe eee sa erveet representation of women” within the meaning of the Indecent | Representation of Women (Prohibition) Act, 1966 | | Advertisement linked directly or indirectly to or include description of i goods or services that are prohibited under any applicable law for the | being in force, including but not limited to the Drugs and Cosmetics Act, 1940, | veing igs And Magic Remedies (Objectionable Advertisements) Act 1954 the Incian Penal Code, 1860; or Any other items considered inappropriate by the municipal bodies. Po ———E For all categories of devices (oxcent Category « 4 some Cateaory 4 devices which are directea at pedestrians}, text elements on 3h Advertising Device face should be easily discomnibie to traveling motorists, This will minimize driver distraction. Additionally, a sign shall be quickly and easily imerpreted 50 as to convey the required advertising message to the viewer and reduce the period of distraction. ‘The content or graphic layout exhibited on advertising device panel shall avoid hard-to-read and overlay intricate typefaces and have letters siyles at ate appropriate. Under no circumstances should device contain information in text sizes, which would necessitate the der or passenger in 2 moving velele to stop, read andlor note down, which is detnmental fo the smooth flow of traffic and distracting for the driver. All signs shall be S0 designed as to maintain a proportion where, a5 a general rule, letters should not appear to occupy more than 20% of the sign area, unless otherwise permitted by the municipal bodies. 3.3 Outdoor advertising and structure criieria Advertising Device structures including the foundations, for categories 1 and 2 devices, shall be designed and checked for extreme wind conditions, earthquakes, soil bearing capacity ets and shall comply with relevant Indian structural design standards, codes of practice and the policy guidelines The desians shall be certified bv an experienced and practicina structural engineer and shall be submitted to the municipal body before start of work at the site. ‘The supporting structure shall have @ non-reflective finish to prevent giareThe device structure shall be well ricintoiisd at all times. It shall be painted in colours that are consis‘ent with, and enhance the surrounding area and will be compliant with the criteria for colours laid out earlier in this policy. Officia! road furniture stich as official igns and delineator quide-posts shal! not be used as the supporting structure of an advernsiny device Ths name of she Advertising Device license holder shovid be placed na conspicuous position cn the device. 3.4 Outdoor advertising devices and electrical connection The electrical connections and components in all Advertising Devices shall be with accordance with relevant Indian Srandards and des’ ied to ensure There is no safety or traffic risk. A copy of the electrical contractor's test certificate shall be provided to the municipal booy. No generator running on diesel / petrolikerosene or any bio fuel, causing noise, air or water pollution would be allowed for providing power for illumination of any outdoor advertising device. Electricity from renewable energy sources “Jo promote conservation of electricity, it is important that the jlumination at all outdoor advertising devices shall draw from power from alternate renewable resourses like soler power. To promote the use of alternative energy, advertisers and ficensee of the advertising devices shall be given a reb: 3.6 Cutdoor advertising ane conservation areas There are certain areas where advertising may be inappropriate due to the ature of the surrounding area. Under this policy advertising will not be allowed in the following areas: National Parks, district forests and water bodies in it Historical monumen World Heritage areas Areas classified as remnant endangered regional ecosystems cremation grounds, graveyards and ruins All religious places, like Templo, Mosque, Church and Gurudwara etc, Exceptions to the above restrictions may apply in special circumstances. For xample for tousist servicelaccommodation businesses, advertising devices may be permiitted’as part of a regionai tourist pion.In rare and ‘exceptional circumstances, applications wouid be considered on a case-by-case basis by the authorities. All on promises advertising davices/ businessitrade signs shoulg be restricted to commercix! areas and aushorized pusiness / trade establishments within instigutienal aro: f Under no circumstances shall On Premise Advertising Device be perivitied in residential areas. Under no circumstances shall illuminated on premise signs be permitted shopsicommercial establishments tacing resicentiat ereas on streets width less than 12 meters, i y No sign'shail be attached in any way to trees or shrubs. No Tradeland Business sign, messages, posters or printed material of any nature shall ke pasted onto any supporting column, pillar or post. f eee fin On Premise Advertising Device in any trom shall not obstruct any pedestrian movement (vertically and lately), fs escape, deer or window epsnings nakor No On Premise Advertising Device shall be in any form or manner interferes with openings required for light and ventiation. Under no circumstances shail On Prciise Advertising Device be located to obstruct or alter the frontal silhouette of any transparent/translucent surfaces/ openings. Non-iiluminated transparentitranslucent signs shall be permitted on transparent translucent externe! surfaces at any level No irade and business sign shall be in any form or manner interfere with fire safety transit/exit space requirements and proscribed norms. Jevice should under no circumstances reflect undertaken within the premises. All On Premise Advertising Activity factivities other thos No sign shail contain additional advenising -promoting products or services other than approve use of the premuises or site irrespective of whether that product or sarvice is provided, sold or available on the site. All On Premise Advertising Device must have the compulsory required information as under: Name of the trade and business Shop/Premise number i \ ral All On Premise Advertising Device must conform to the prevailing laws with regard to decency, clecorum, social harmony etc Y ‘_—_— ~~ 2 ¢ 1 | AllOn Premise Advertising Device must conform to structural/ architectural discipling of the surface /.edifice / tbuilding / open areas. i The seale and location of a sign shoul be compatible not only with ths building to which it is affixed but also take inte consideration nearby buildings, streets | and existing signs. Materials used and all On Premise Avenising Device should be non-poluing, fre resistant and injury proof. An new s a shall consider existing signs on a building, site or adjoinino to ensure that the sign dces not give rise to visual All signs shall fara inimal | projection from a building, i me The. cab! od du std be concealed from view of the sign and any - |: supporting Structure from all angles, including visibility from the strect level and nearby higher Eanes and against the skyline. other signs: Each sign should be self-supporting or fixed socuroly with the | | | No sig Under any circumstances shail be supponed from, hung or piacedon | | architectural structure. { ae aise i Signs pi {on or applied on the roof of a building are not permitted. Signs | * built a ‘Suspended from the roof at the roof level are also'not permitted, |) The sign Information should be kept to a minimum in the interest of both aesthetics and traffic safoly. Where Subordinate information is allowed, the name or use of the business | shall be.the dominant message on the sign- No supplementary (as in bylines, product specifications, selling propositions) and subordinate information (addresses, telephone numbers, and other such details) which seeks the attention of drivers along vehicular stretches will be allowed as they present a” | traffic hazard, Sign should be non reflective such that they do not flash or glare at drivers on the streets. Signs should not use reflective surfaces as mirror foils etc as the use of such material are visually disruptive to traffic and can be hazardous to ‘oncoming drivers All permitted signs would attract levies payable as outlined by the municipal bouy. 5, Procedure for grant of permission By The policy shall apply to all the municipal areas in the State and, shall cover all lands/properties belonging to all State Govt.) Departments, Boards and Corporations unless specifically exempted by. the Govt. a) The permission to put un advertisement on municipal land / buildings shail be granted by inviting tenders for a town / city as a whole. No tender quoting the Tates below the reserve price, as decided by a committee, headed by the Divisional ‘Commissioner in case of Municival Corporation and Deputy Commissioner in case of . |Executive Officer / Secretary, shall © accepted, The commutes shat devidy the 1 Prog on the basis wi Un Mar, ether patameters Yo fovaten oF the sit, j i) sige of the advertiernent board / banner 4) past revenue collection, 2nd iM) number of sues The advertisement rights shall be given for a period of three years or may be decided. it shall be torminable at three months notice. In the event +. default of terms it shall be torninoble forthwith, b) Hoardings / advertisements / banners for publicity of achievements, social welfare schemes / messages and various other development policies put up by Government departinents | boards / corporations shall be excluded from the purview of the contract. In addition to this, the licencee shall reserve 15% of ‘the total advertising space for the suid Government advertisements / publicity, No foes / tevenue shail bo payable to the licensee for these Govemment advertisements. i ) For putting of advertisement on private land or buildings, the shall obtain writen permission irom the land owner or the person legal authorized to aveor-i such permussian a For pultng of guvertiseinent on tenas / property belonging to other epantments | Revenue FIVE (aR SNES / HUDA 7 legation J Transport ete) the concuitrence of the suncemed aepant Shee, contiecis awarded by various depanments like Tran ont shall be required. The advertisement e may exclude all BOT ser fot Gus sheliels ei alas muntaned by HUDA / HSIIDC and advertisement giver to orge > ilviieu.ct maintenance of ewe amenities. ot e Wieny avenisement is ereeted, executed, tked oF retained on any land or Dudley uci 1 andl an Goritiac tion oF previoian Of the: Act anid the Byejaws framed there unaci suet acveruserents of hoardings ‘shall be removed by |the Commissioner / Engoulive Quicer { Secretary of Municipal Corporation! Couneil 1 out any noe ~whetsuever and expenses regataing removal of such | Couuniiee Unguthorited duvoh\cutneril un i@arduigs shall be ‘eeovered from the: concerned as per the Commussioniery cxeoutive Oificets / Searetary inspections. rope ) Pernissibaity of difere:t advertising categories shall be laid down ity #8 per local exgEnsies, and Fees : eoncemed municir 6. Reveni The adivs ent {eee shet! be payable in advance on annual basis, The tender amount stall ierease at the rate Of ten percent every yer7. Implementation of Polo © Tet Strategy for Authorized The munveigel bc outdoor adveriving 11 ve implementaiion of the pot, V* in accordance wit slowed i permirsions es fie! down yn this regard, it 18 Important tor wna municipal ing Devices naitied and authorized the display of | | Sprott “renting and actual if hove ne of them may not be o pokey cur . deviation can not be aad imple aiion of the guidelines, parcmeters, auihontiss to apply Lie uAiey unuiormly aii across the towns / cities of Haryana so. that there 1s consist authorized oxicting acverssing device policy, 72 Compliance, Enforcoinant ond Removal of unauthorized Advertising Devices, Any unauihcrizec and nen-cenfoming device instatled at any location, a property, vehicle. briuus ouding etc. svall be removed, No teniency shail be | j shown ioward’s any viviaiw ur unauthorized device, There will be strict } adherence to palicy 201% 7.3 Legal Actlor nai and safe outdoor advertising. All i! 20 brought in agcordance with this ~ (, func: Hi Legal prososmmica.s the wawe of an inffingenent letter may be | ng Devi dertatien fo ah u.t.conm att Advert {in ariditton to removing the | +d immediately, at the) jence is required ty be given. All legal | eoviee), Tew © Jurisdiction ef conceined municipal Ht om others provision, under the Haryana di vc Property Acy, 1989 (Act No.11 ¢f 1990). ection con be cuthority. Action cer t Provantion of Geta, db Arbioc Ani Psu eat of the permission granted te the Seren 1 one municipal aoa shal ba roferred to 1/600 ( Seay. or any olher officer nominated cron party's request. There shall be ne bar. ( stor of such offizer as nominated by the =} said oifices might have dealt with the | advertises! tor ci sole arbi ation of i! oy him in to the reference of Gt, Commissiancr (EO 4 es hs office or 1s unable to act matter is originaily mic: for any reassn, the onnuissioner » Lxeculive Officer / Secretary shall competent to appoint avsther person to act as an arbitrator, who shall be entiib 7 No person other tian the one nonnnated by the Commissioned Es) Secy. | Shall act as arbitrator, Tie decision ct me Commissioner EO iecy. or the arbitrator nominated by hin), shall be £9! and binaing on the party. The wmitation for filling claims for arbitraticn is $0 irom the expiry of the contract pentod | and in caso no clainv is 1119 files wuilen thus period: w shail bs presumed that there is no clainvelisy ridipation clause shall specity the dispute or iis clause together with the amount: Tho panty wvulung disputes, to bo referred to arbitration under or amounts ctairned in : 7.6 Pubile redressai + ect of each Any contrewersy 1 « cof {hang / displey of any eovertising device between the licensee and s public perso etall be referred to the sole arbitration of the he ansire Ob Commissioner in case of unwise Comoicuan, Executive Officer in case of Municipal | Council, Secretary in case of kiLnicipal Comittee, and whose decision shall be final, | 7D ndemnity: i A ticanseeisian oy ascaypnci Hicensea) shall ba requires to inderanity | + dye desqnated vviverasing Daviee and actwities located | rvuticies beay. Phe liesasee shail indemnify the the municipal body x within the Louncers municiyui body Suainet ail avis, maccceuings. clams, camands, costs, losses, damages ond «1 2 wiuch may be brought against, or made upon: the Z co a5 a fesunt cf ine instalation ef an Advertising Device, < ‘ied against all actions, vey: ind | +5 vamages and expenses whieh may — \ proceed be broug eistence of su icipal body which might arise from the | fe advertiser shall always be caused to of suffered by any person or 9) the “opiay of deviee’ advertisement and the ome fy the advertiver who will also indemnity and ey ol any such clan) of claims. Adve responsibts for any Ryury or tena: property aising consequeniial sufegua 7 insurance ability insurance tor the following The Licensee shail types of Advertising Devices sid actiwines local oy within the boundaries of municipal body. Category 1 Advertising # Satannne 9 udhooetisings Me12 During the term and at its sole cost and 2xnense. the licensee shail obtain and keep (in full force and offect in the joint nam=s of the licensee and the municipal body) a public liability instirance policy for {oir respective rights. interests and liabilities to third parties in respect of accicantal death of, or accidental bodily injury to, persons; of accicicni damage to property. The public liability policy of insurance shall be for an amount as specified by municipal body for any single event (or such highor amount as may be notified in writing by the municipal body from timo to time) and shall be effected with and insurer approved in writing by tho inunicipel body and on the terms approved in wiiting by tho sitinicival booy The public liability policy of insurance shall include a clause in which the Insurer agrees to waive all rights of subrogation: or action that it may have or acquire against all or any of the persons comprising the insured. The licensee shall produce evidence to the satisfaction of the municipal body of the insurance affected and maintained by the licensee for the purposes of the Second paragraph above, within seven days of receiving a writen request to do 0 from the municipal body