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TRUE EXTRACTS OF THE PROVISIONS OF
HMC ACT, 1955 :
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| Sky-Signs
and Advertisements |
| I.
Section 420. Regulations as to Sky-Signs :-
1)No
person shall, without the written permission of the Commissioner,
erect, fix or retain any sky-sign, whether now existing or not,
and no such written permission shall be granted, or renewed, for
any period exceeding two years from the date of each such permission
or renewal. |
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Provided
that in any of the following cases a written permission or renewal
by the Commissioner under this section shall become void, namely:-
(a)
if any addition to the sky-sign be made except for the purpose of
making
it secure under the direction of the municipal,
city engineer;
(b)
if any change be made in the sky-sign, or nay part thereof;
(c)
if the sky-sign or any part thereof falls either through accident,
decay or
any other cause;
(d)
if any addition or alteration be made to, or in the building or
structure upon or
over which the sky-sign is erected, fixed, or retained,
if such addition or alteration involves the disturbance
of
the sky-sign or any part thereof;
(e)
if the building or structure upon or over which the sky-sign erected,
fixed, or retained become occupied or be
demolished or destroyed. |
| 2)
Where any sky-sign shall be erected, fixed, or retained upon or
over any land, building, or structure, save and except as permitted
as hereinbefore provided, the owner or person in occupation
of such land, building or structure
shall be deemed to be the person who has erected, fixed, or
retained
such sky-sign in contravention of the provision
of this sanction 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 sky-sign be erected, fixed, or retained contrary to the provisions
of this section, or after permission for the erection, fixing, or
retention thereof for any period shall have expired or become void,
the Commissioner may, by written notice require the owner or
occupier of the land, building or structure, upon or over
which the sky-sign is erected, fixed, or retained, to take down
and remove such sky-sign.The expression "sky-sign"
shall in this section mean any word, letter, model, sign, devise
or representation in the nature of an advertisement,
announcement or direction, supporting on or attached to any post,
pole, standard frame work or other support wholly or in part upon
or over any land, building or structure which, or nay part of which
sky-sign, shall be visible against the sky from some point in any
street and includes all and every part of any such post, pole, standard,
frame-work or other support. The expression "sky-sign"
shall also include any balloon, parachute, or other similar device
employed wholly or in part for the purpose of any advertisement,
announcement or direction upon or over any land, building or structure
or upon or over any street, but shall not include -
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(a)
any flag staff, pole, vane or weather-cock, unless, adopted or used
wholly or in part for the purpose of
any advertisement, announcement or direction;
(b)
any sign, or any board, frame or other contrivance securely fixed
to or on the top of the wall or parapet of any building,
or on the cornice or blacking course of any wall,or to the
ridge of a roof.
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Provided
that such board, frame or other contrivance be of one continuous
face and not open work and do not extend, in height more than
three feet above any part of the wall, or parapet or ridge to, against,or
on which it is fixed or supported; |
(c)
any word, letter, model, sign, device or representation as aforesaid,
relating exclusively to the railway administration
and place wholly upon or over any railway, railway station,
yard, platform or station approach belonging thereto,
and
so placed that it cannot fall into any street or public place;
(d) any notice of land or building to be sold, or let, placed upon
such land or buildings.
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| II.
Section 421. 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 existing
or not upon any land, building, wall, hoarding or structure:
Provided
always that such permission shall not be necessary in respect of
any advertisements
which is not an illuminated
advertisement nor a sky-sign and which-
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(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 advertise or to any sale,
entertainment
or meting to be held upon or in the same, or to the trade
or business carried on by the owner of
any vehicle upon
which such advertisement is exhibited;
(c)
related to the business of any Railway Administration;
(d)
is exhibited within any railway station or upon any wall or other
property of a railway administration except any
portion of the surface of such wall or property fronting any
street".
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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 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 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 expressions
"illuminated advertisements" in this section shall not
include an illuminated display of goods of goods if such display
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(i) is of goods merely bearing labels showing
the name of the article or of its
manufacture or of both;
and
(ii)
is made of lighting which is not, in the opinion of the Commissioner,
more
than
is necessary to make the goods and labels visible at night.
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III.
Section 622. Licences and written permission to specify conditions,
etc., on which they are granted: -
(1) Whenever it is provided in this Act that a licence or a written
permission may be given for any purpose, such licence or written
permission shall specify the period for which and the restrictions
and conditions subject to which, the same is granted, and shall
be given under the signature of the Commissioner or of
a municipal officer empowered under Section 119 to grant the same. |
(2)
Fees to be Chargeable : - For every such licence or written
permission a fee may be charged at such rate as shall from time
to time be fixed by the Commissioner, with the sanction of the Corporation. |
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