Amendment status not verified — confirm the current text below against the official source.
After Chapter VI-A of the principal Act, the following Chapter shall be inserted, namely:— Insertion of new Chapter VI-B. “CHAPTER VI-B. Regulation of hoardings, digital banners and placards. 117-K. Definitions.— In this Chapter,— (a) “digital banner” means any screen of boards, at any place, whether public or private used or intended to be used for exhibiting any advertisement or any information in connection with marriage, religious ceremony, birth or death anniversary or meeting or conference of any political, religious or communal organization, promotion of business, designed and printed using electronic printing technology; (b) “hoarding” means any screen of boards or any other structure other than digital banner and placard, at any place, whether public or private used or intended to be used for exhibiting advertisement, including the frame work or other support, erected, wholly or in part upon or over any land, building, wall or structure, or vehicle visible to public wholly or partly; (c) “placard” means any screen of boards, the size of which is not exceeding eight feet in height and four feet in breadth, at any place, whether public or private, used or intended to be used for exhibiting any advertisement or any information in connection with marriage, religious ceremony, birth or death anniversary or meeting or conference of any political, religious or communal organization, promotion of business, designed and printed using electronic printing technology. 117-L. Regulation of erection of hoardings.— (1) No hoarding shall be erected at any place by any person without obtaining a licence from the Commissioner. (2) Every application for licence under sub-section (1) shall be made to the Commissioner in such Form, containing such particulars, with such application fee, as may be prescribed. (3) The Commissioner may, after local inspection and on payment of such licence fee not exceeding twenty thousand rupees per square metre per year as may be prescribed, grant a licence with such conditions as may be prescribed. (4) The Commissioner may refuse to grant licence for reasons to be recorded in writing: Provided that a licence shall not be refused unless the applicant has been given an opportunity for making his representation. (5) Every licence granted under sub-section (3) shall be valid for a period of three years and may be renewed. (6) The fee paid under sub-sections (2) and (3) shall be credited to the account of the municipality concerned, in such manner as may be prescribed. 182 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 117-M. Regulation of erection of digital banners and placards.— (1) No digital banner or placard for exhibiting any advertisement or information shall be erected by any person without obtaining prior permission from the Commissioner. (2) Every application for permission under sub-section (1), shall be made in writing, to the Commissioner fifteen days prior to the date of erection of digital banner or placard in such Form, containing such particulars with such fee, not exceeding ten thousand rupees per placard or digital banner as may be prescribed. (3) The permission for erection of digital banner or placard may be granted for such purpose and for such period, not exceeding six days and subject to such conditions as may be specified by the Commissioner. (4) The Commissioner may refuse to grant permission for reasons to be recorded in writing. (5) Every person who has erected the digital banner or placard after obtaining the permission, shall, on expiry of such permission, remove the same and dispose it, without causing any hazard to health or environment, in such manner as may be prescribed. 117-N. Power to suspend or cancel licence.— (1) Without prejudice to any other penalty to which the licencee may be liable under this Chapter, the Commissioner may, at any time, by order in writing, cancel or suspend any licence granted or renewed under section 117-L, if— (a) such licence has been obtained by fraud, misrepresentation or suppression of material particulars; or (b) the licencee has contravened any of the provisions of this Chapter or the rules made thereunder or any of the condition, subject to which the licence was granted. (2) Before canceling a licence under sub-section (1), the Commissioner shall give the licencee, an opportunity of making his representation. 117-O. Removal of unauthorized hoarding, digital banner or placard.— Any hoarding erected without licence or any digital banner or placard erected without permission, shall be confiscated and removed by the Commissioner without giving any notice and recover the cost of removal from the person who has erected the unauthorized hoarding, digital banner or placard, as an arrear of land revenue. 117-P. Removal of hoarding, digital banner or placard in certain other cases.— (1) Where any hoarding or digital banner or placard is retained after the expiry of the licence or the period of permission, as the case may be, or erected contrary to the conditions of the licence or the permission, as the case may be, the Commissioner may, by notice in writing, require the licencee or the permit holder to remove such hoarding or digital banner or placard within such time as may be prescribed. (2) Where the hoarding or digital banner or placard is not removed within the time specified in the notice, the Commissioner shall, without further notice, remove the same and recover the cost of removal from the person concerned as an arrear of land revenue. 183 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 117-Q. Exemption.— Nothing contained in this Chapter shall apply to any hoarding, digital banner or placard on which is exhibited any advertisement which relates to,— (a) the trade or business carried on within the land or building upon or over which such hoarding, digital banner or placard is erected 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 such land or building; (b) the name of the land or building, upon or over which the hoarding, digital banner or placard is erected or to the name of the owner or occupier of such land or building: Provided that the exemption under this section shall be subject to such size and nature of the hoarding, digital banner or placard, as may be prescribed. 117-R. Appeal.— (1) An appeal shall lie to such authority as may be notified by the Government, from an order of refusal to grant or renew a licence or cancelling or refusing to give permission by the Commissioner under this Chapter within thirty days from the date of receipt of the order. (2) The appeal shall be in such Form and in such manner and shall be accompanied with such fee, as may be prescribed. (3) On receipt of such appeal, the appellate authority may, after making such inquiry as may be necessary and giving a reasonable opportunity to the appellant to be heard, pass such order as it deems fit. 117-S. Power to grant rights to advertise in properties vested with the municipality. —Subject to the provisions of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 (Tamil Nadu Act 2 of 1959) or any other law for the time being in force, the Commissioner may grant rights to any person or a class of persons or any institution or organization to display advertisement on properties belonging to, or vested with, the municipality on payment of fee as may be prescribed: Provided that in the case of a private partner in Public Private Partnership projects, the fee shall be adjusted against the cost incurred by the private partner. 117-T. Prohibition of erection of certain hoardings, digital banners or placards.— Notwithstanding anything contained in this Act or in any other law for the time being in force or in any judgment, decree or order of any court, tribunal or other authority,— (a) (i) where any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect free and safe flow of traffic and which is in existence, the Commissioner shall by notice in writing, require the licencee or any person in possession, of such hoarding, to remove such hoarding within such time as may be specified in the notice: Provided that such time shall not be less than fifteen days from the date of issue of such notice; (ii) where the hoarding referred to in sub-clause (i) is not removed within the time specified in the notice, the Commissioner shall, without further notice, remove such hoarding and recover the cost of removal from the person concerned as an arrear of land revenue; 184 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (b) (i) where the Commissioner is satisfied that the erection of any hoarding or the erection of digital banner or placard (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not grant any licence or permission under section 117-L or 117-M, as the case may be; (ii) where any hoarding, or digital banner or placard is erected in contravention of sub-clause (i), it shall be confiscated and removed by the Commissioner without any notice and recover the cost of removal from the person concerned as an arrear of land revenue. 117-U. Penalty.– Whoever contravenes any of the provisions of this Chapter or any rule or order made thereunder or obstructs lawful exercise of any power conferred by or under this Chapter shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to twenty-five thousand rupees or with both: Provided that whoever erects any digital banner or placard without the permission of the Commissioner, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees or with both.”. Amendment of section 120.