Amendment status not verified — confirm the current text below against the official source.
Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of the period of three years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly. ---15--- Schedule I Illustrative list of hoarding A. Permanent hoarding (i) Hoarding on Iron/Steel multiple angles structures/frames (ii) Unipole (structure on a single shaft) (iii) Dual pole (structure on a double shaft) (iv) High Mast Pole (v) Gantry, Shelters–Bus, Transit Waitin (vi) Public Amenities (vii) Mannequin (viii) Motor vehicles including bus panels B. Temporary hoarding (i) Temporary wood/bamboo structures (Flex Advertisement) (ii) Foldable & Flexible Gantry Schedule II Criteria for hoarding A. Criteria for site selection for erection of hoarding: (i) For hoardings erected on land the following criteria is to be followed:— (1). The site selected for the erection/construction of the hoarding shall not cause any hindrance to the vehicular and pedestrian traffic. (2). The Agency for hoarding shall carry out a ground survey and satisfy itself that no utility services such as power, telecommunications, gas, storm water supply and sewerage are located under the surface whereupon the hoarding is proposed to be erected/constructed/altered. (3). The Agency for hoarding shall be solely responsible for ensuring that during the erection, maintenance, alteration and operation of a hoarding, the said hoarding does not conflict with utility services. (4). The line department may require the Agency for hoarding to either replace or altogether remove any hoarding to facilitate the work undertaken by the respective line departments which provide/maintain the utility services such as power, telecommunications, gas, storm water, water supply and sewerage, or for road widening; (5). Hoarding and display shall not be permitted on traffic islands. (6). For hoardings proposed to be erected along National Highways, the Agency for hoarding and the Agency for display shall strictly comply with the provisions of the Control of National Highways (Land and Traffic) Act, 2002. For hoardings beyond the jurisdiction of the National highways Authority ---16--- the provisions of the present Act shall apply. (7). For hoardings proposed to be erected along State Highways, major district roads, other district roads, and village roads; (a) in the event the display runs parallel to the direction of the traffic, the hoarding shall be placed at a minimum lateral distance equal to the height of the proposed hoarding from the ground plus 5.00 meters from the edge of the right of way. (b) In the event the display is perpendicular to the direction of the traffic, the hoarding shall be placed at a minimum lateral distance equal to the height of the proposed hoarding from the edge of the right of way. (c) No part of the hoarding shall be permitted to even project over this area. (8). The lower side or the bottom of a hoarding proposed to be erected along a State Highway, major district road, other district road, or a village road shall be at a height of not less than 3.00 meters from the highest point on the surface of ground below. No hoarding erected shall exceed the height of 20 meters above the road level. (9). Along the State Highways and Major District Roads a distance of 50 meters shall be maintained between two hoardings and displays. The starting point for the purpose of determining the radial distance shall be the hoarding erected first in time. (10). Along the other district Roads and village roads, a distance of 30 meters shall be maintained between two hoardings and displays. (11). There shall be no hoarding erected on footpaths; (12). A hoarding which is or may be a traffic hazard will not be permitted. A hoarding may be considered a traffic hazard, if it interferes with road safety or traffic efficiency, for instance: (a) If it interferes with the effectiveness of a traffic control device (e.g. traffic light, stop or giveway sign); (b) Distracts a driver at a critical time (e.g. making a decision at an intersection); (c) Obscures a driver's view of a road hazard (e.g. at corners or bends in the road); (d) Is a dangerous obstruction to road or other infrastructure, traffic, pedestrians, cyclists or other road users; (e) Is in an area where there are several hoardings and the cumulative effect of those hoardings maybe potentially hazardous; (f) If it is situated at locations where the demands on drivers' concentration due to road conditions are high such as at major intersections or merging and diverging lanes; (g) No hoarding may be located inside a prohibited area of a public street and in relation to overhead road traffic signs; (13) Besides aforesaid, such hoardings would be disallowed if additional driver attention and decision making are required at the following: (a) High speed diverging, merging or weaving at an Intersection such as at a “Y” intersection or large high-speed roundabouts; ---17--- (b) In the vicinity of Intersections where two 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); (c) 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); (d) 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; (e) Any hoarding must be positioned at a distance of 100 meters from the center of an intersection; and traffic flow may not be impeded during the erection and maintenance of a hoarding located in a public street; (f) Sections of road that have a vehicle crash history higher than the system average; (g) Pedestrian crossing facilities; (h) Infringe the free movement of traffic in and out of schools, hospitals, and places of medium and large gathering; (14) The hoarding shall not obstruct a fire escape or the means of access to or egress from a fire escape; (15) The hoarding shall not obstruct any overhead power lines or underground power lines laid by the Electricity department or under the Electricity Act, 2003; . (16) Hoarding shall not be permitted on the median of the road (ii) For hoardings erected or constructed on buildings–walls or roof tops, the following criteria needs consideration: (1) A hoarding shall be allowed to be erected on a building only if it has been examined for structural stability and the building has been examined on whether it can withstand the pressure of the hoarding, and a certificate to that effect is produced from the certified Structural Engineer; the hoarding erected on a building shall maintain a setback of three meter from the edges of the building. (2) Hoarding shall not be permitted on a building which is in a ruinous or dangerous state; (3) When erected on top of the building, the maximum height of the hoarding shall not exceed 25% of the length of the building; (4) Hoarding shall not be permitted on sloping roofs of buildings. (5) The agency for hoarding shall produce a “No Objection Certificate” (NOC) from the competent Authority under the Aircraft Act, 1934 and the rules framed thereunder and all other applicable rules and regulations in this regard with respect to any hoarding proposed to be erected/constructed/altered within twenty kilometers from the aerodrome reference point. (6) The hoarding shall not block the passage, entrance, or cause inconvenience with respect to the access to any building (both entry & exit); (7) The hoarding shall not block the passage of light or circulation of air/ventilation to any building; ---18--- (8) The hoarding shall not block any door, window, verandah or any such opening in any building; (9) The hoarding shall not block, conceal or inconvenience the public view of the architectural features of any building; (10) The hoarding shall not block, conceal, or inconvenience the public view of the front of any shop or establishment so that the business behind is affected. (iii) For hoardings erected/placed on Motor Vehicles