Amendment status not verified — confirm the current text below against the official source.
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, 9[where a sky-sign is a poster depicting any scene from a cinematographic film, stage play or other stage performance, such permission shall not be granted, unless prior scrutiny of such poster is made by the Commissioner and he is satisfied that the erection or fixing of such poster is not likely to offend against decency or morality. No permission under this section] shall be granted, or renewed, for any period exceeding two years from the date of each such permission or renewal: 10[* * * * *] 11[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 12[city engineer]; (b) if any change be made in the sky-sign, or any part thereof; (c) if the sky-sign or any part thereof fall 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 distribution of the sky-sign or any part thereof; (e) if the building or structure upon or over which the sky-sign is erected, fixed or retained become unoccupied or be demolished or destroyed. 1 This clause was substituted by Bom. 22 of 1956, s. 2(1)(a)(i). 2 The words “his desire” were deleted by Mah. 10 of 1998, s. 155(a)(ii). 3 This portion was substituted for the portion beginning with the words “in any way injure” and ending with the words “by order of the Commissioner” by Bom. 22 of 1956, s. 2(1)(b). 4 This sub-section was added by Bom. 2 of the 1911, s.10(2). 5 This portion was substituted for the portion beginning with the words “Where a number is put up” and ending with the words “owner of the premises” by Bom. 22 of 1956, s. 2(i)(c). 6 This word was substituted for the words “Member-in-Charge” by Mah. 27 of 1999, s. 114(b). 7 This Explanation was added by Bom. 22 of 1956, s. 2(1)(d). 8 This heading and new sections 328 and 328A were substituted for the original heading and section 328 by Bom. 7 of 1921, s. 10. 9 These words were substituted for the words “no such written permission” by Mah. 42 of 1976, s. 9. 10 The proviso was deleted by Mah. 27 of 1999, s. 115(a). 11 These words were substituted for the words “Provided further that” by Mah. 27 of 1999, s. 115(6). 12 The words “city engineer” were substituted for the words “executive engineer” by Bom. 19 of 1930, s. 6. 1888 : III] The Mumbai Municipal Corporation Act 259 (2) Where any sky-sign shall be erected, fixed or retained after the 1[coming into force of this section in the city or in the suburbs after the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950)] 2[or in the extended suburbs after the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956)] upon or over any land, building or structure save, and except as permitted as herein before 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 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 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, device or representation in the nature of an advertisement, announcement or direction, supported 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 any 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 purposes of any advertisement, announcement or direction upon or over any land, building or structure or upon or over any street, but shall not include— (a) any flagstaff, pole, vane or weathercock, unless adapted 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 blocking course of any wall, or to the ridge of a roof: 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 business of a railway company, and place wholly upon or over any railway, railway station, yard, platform or station approach belonging to a railway company 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.] 3[328A. 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 Regulation existing or not, upon any land, building wall, hoarding or structure. 4[Where an advertisement depicts any scene from a cinematographic film, stage advertisements, play or other stage performance, such permission shall not be granted,] unless prior scrutiny of such advertisement is made by the Commissioner and he is satisfied that the erection or exhibition of such advertisement is not likely to offend against decency or morality:] 5[Provided that, the power of the Commissioner under this sub-section shall be subject to the regulations framed in this behalf:] Provided always that 6[any permission under this section] shall not be necessary in respect of any advertisement which is not an illuminated advertisement nor a sky-sign and which— 1 These words, brackets and figures were substituted for the words “enactment of this section” by Bom. 7 of 1950, s. 27. 2 These words, brackets and figures were inserted by Bom. 58 of 1956, s. 20. 3 The heading and new sections 328 and 328A were substituted for the original heading, section 328 by Bom. 7 of 1921, s. 10. 4 These words were substituted by Mah. 42 of 1976, s. 10(a). 5 This proviso was inserted by Mah. 10 of 1998, s. 137. 6 These words were substituted for the words “such permission” by Mah. 42 of 1976, s. 10(a). 260 The Mumbai Municipal Corporation Act [1888 : III (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 advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held upon or in the same; 1[or to the trade or business carried on by the owner of any tram-car, omnibus or other vehicle upon which such advertisement is exhibited]; (c) relates to the business of any railway company; (d) is exhibited within any railway station or upon any wall or other property of a railway company, except any portion of the surface of such wall or property fronting any street: 2[Provided also that such permission shall not be necessary for a period of three years— (i) after the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950) in respect of advertisements upon a site in the suburbs which was occupied by advertisements on the first day of January 1950; (ii) after the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956) in respect of advertisements upon a site in the extended suburbs which was occupied by advertisement on the first day of January 1956.] (2) Where any advertisement shall be erected, exhibited, fixed or retained after three months from the enactment of this section 3[or, as the case may be, the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950)] 4[or the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956)], upon any land, building, wall hoarding or structure save and except as permitted or exempted from permission as herein before 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 such advertisement. (4) 5[(a)] The word “structure” in this section shall include 6[a tram-car, omnibus and any other vehicle and any moveable board] used primarily as an advertisement or an advertising medium; 7[and (b) the expression “illuminated advertisement” in this section shall not include an illuminated display of goods, if such display— (i) is of goods merely bearing labels showing the name of the article or of it’s manufacturer or of both, and (ii) is made by lighting which is not, in the opinion of the Commissioner, more than is necessary to make the goods and labels visible at night.] Dangerous Places