The Haryana Government has recently rolled the draft of Haryana Municipal Advertisement Bye-laws, 2018 (“Bye-laws”) to regulate the process of displaying an advertisement in Haryana.
Key Definitions:
- “advertisement” means any representation by a word, or abbreviation thereof, letter, logo, symbol, sign, figure, painting, drawing or other pictorial representation, or light or sound, displayed on media device and visible to public from any place on land, building, airspace, water in the regulated area and/ or visible from public place or public street subject to excluded media.
- “agency” means an applicant who may be a registered charitable organization, firm, partnership or a company incorporated under the Companies Act, 2013 intending to display an advertisement within the Municipal area
- “OMD” means an Outdoor Media Device.
- “Municipal Committee” for a transitional area with population [of not more than fifty thousand].
- “Municipal Council” for a smaller urban area with population [exceeding fifty thousand but not exceeding five lacs]
- “owner” means owner of the property and includes an association of owners under the Haryana Apartment Ownership Act, 1983
Key Highlights:
- An agency or owner (for self-advertising only) intending to display an OMD within the Municipal area will have to register with the Council/ Committee through the online process given in Annexure 1 of the bye-laws. This registration will be valid for a period of six years.
- A company incorporated under the Companies Act, 2013, (Central Act 18 of 2013) and intending to install acknowledgement OMD consequent to development and maintenance of public utilities, parks, green spaces, traffic signs, or any other service for public benefit and in public interest through its Corporate Social Responsibility (CSR) funds, will be required to register with the Council/ Committee through the online process given in Annexure 1 of the bye-laws.
- The Municipal Council/ Committee may refuse to register any agency where the agency, any of its directors, owners or promoters has been debarred from the display of advertisement by any Corporation or Council or Committee or Government or any agency owned and controlled by the Government or in arrears of payment of any dues to any of Municipal Corporation/ Council/ Committee.
- The agency intending to register with the Council/ Committee will have to submit the following information/ documents to obtain registration:
(i) name of agency with registration details in Companies Act, 2013 or Limited Liability Partnership Act, 2008.
(ii) Memorandum of Association and Articles of Association of company;
(iii) experience, details of agency in advertisement business for last three years or for such period of time that the agency has been in the advertisement business, whichever is earlier;
(iv) name of Directors along with Director Identification Number (DIN) of agency;
(v) details of work experience of each Director of agency;
(vi) details of any Director who was in arrears of payment of any dues in any municipality while earlier being Director in any other agency;
(vii) balance sheet of last three years or for such period of time that the agency has been in the advertisement business, whichever is earlier;
(viii) authorization letter by the Board of Directors (by passing resolution), for authorized signatory of agency;
(ix) details of advertisement rights/ permission secured in last five years, or for such period of time that the agency has been in the advertisement business, whichever is earlier, in any municipality;
(x) an undertaking that the agency, its directors, owners or promoters are not in arrears of payment of any dues in any municipality;
(xi) any other information or document, as the Council/ Committee may require
These bye-laws will be applicable to all Municipal Councils and Committees in Haryana.
Source: Haryana Government
