(241.RN0 Levying of license fee on Advertisement Sign boards and Hoardings in St.Thomas Mount Cum Pallavaram Cantonment Area In exercise of the powers under sub section (b) of section 67 of Cantonments Act, 2006, the Cantonment Board, St.Thomas Mount-Cum-Pallavaram resolves the following 2. Definition- The Board resolves that unless the context otherwise requires, the definitions are as follows, (a) "Act" means the Cantonments Act, 2006. (b) "Advertisement" means any information exhibited on any hoarding, exhibited on any screen or board, wall or building either private or public or any hoarding erected on any private or public land or building or on any frame work or other support wholly or in part over any private or public land or building visible to public wholly or partly and will exclude advertisement made in newspaper, broadcast made over radio or telecast in television or advertisement in mobile phones or in internet (c) "Board" means the Cantonment Board. (d) "Chief Executive Officer" means the Chief Executive Officer of the St.Thomas Mount-Cum-Pallavaram Cantonment appointed by the Central Government under section 24 of the act. (e) "Form" means form approved by the Board for the Purpose of erecting of advertisement signboards/hoardings. (f) "Government" means the Government of India (g) "Licence" means the licence granted for erection of such Signboards/hoardings. (h) Words and expressions used but not defined here shall have the meanings respectively assigned to them in the Act. 3. Grant of licence 1(a) Every application for a licence to erect a hoarding, to display an advertisement shall be made to the Chief Executive Officer, Cantonment Board, St.Thomas Mount-Cum-Pallavaram in form 1 (b) Every application made under 3(1) shall contain, (i) A plan of the hoarding/advertisement board to be erected indicating the height and other dimensions and the material proposed to be used as approved by a qualified engineer; (ii) A no objection certificate from the owner of the land where the hoarding/advertisement is to be erected in a private land or building or a no objection certificate from the State/Central Government department concerned, if the hoarding/ advertisement is to be erected on the land of state/ Central 1
Government or a no objection certificate from the Defence land management authority concerned, if the hoarding/advertisement is to be erected on Defence land; (iii) No advertisement will be allowed on the land under the management of the Cantonment Board other than by public auction or through calling Tenders. (iv) A certificate from a police officer not below the rank of Deputy Superintendent of Police that the proposed hoarding/advertisement would not be an obstruction to free and safe movement of traffic, pedestrians and vehicles. (v) A topo sketch indicating the proposed location of the hoarding/advertisement. Every application shall be made on the prescribed form obtained after paying prescribed cost. 3-A No application will be accepted, if the proposed site of advertisement is in the 'Hoarding Free Zone' as per Tamilnadu G.O.M.S No.20 dated 16.08.1996 and as per J&O of the Honorable Madras High Court in W.P.No. 28384 of 2005. 4. Validity of licence:- The licence granted shall be valid upto the 31st day of March of the current financial year. 5. The CEO is authorized to take action on each such application received in form-i either to sanction or not within a period of 60 days from the date of receipt of application. 6. Renewal of license:- Every licence granted above may be renewed for one financial year. The application for renewal of a licence shall be made to the Chief Executive Officer in Form V three months before the date of expiry of the licence and the same provisions applicable to the grant of licence shall apply to the renewal of the licence. The Chief Executive Officer shall dispose of such renewal application within 60 days from the date of its receipt and in any case not later than the expiry of the validity of the licence. 7. Maximum size of Hoarding (1) The maximum sizes of hoarding to be erected shall be:- Road width 40'0" and above 25'0" to 40'0" Maximum size 24'0" x 12'0" 15'0" x 10'0" 2
(2) The maximum height of the hoarding including the height from the ground level of the hoarding shall not exceed 30'0". The hoarding erected in one particular road must be of uniform size as practicable as possible. (3) No hoarding shall be permitted on both sides of the roads with a footpath of less than six feet width. In roads with no separate footpath, a minimum of six feet width shall be available between the road margin and the hoarding for the use of pedestrians. (4) The hoarding shall be erected only parallel to the road or foot path and not across the foot path or road margin. (5) The hoarding irrespective of the size shall be erected on steel frames. There shall be a gap of not less than 20'0" width between one hoarding and another. The gap between hoardings in a road may be uniform length. 8. Cancellation of licence:- Where the Chief Executive Officer either suomoto or on public representation has reason to believe that a licensee has violated or failed to comply with the conditions of the licence or any provisions of the Act or these rules, he shall call upon the licensee by notice in writing, addressed by registered post to the address given in this licensee stating the grounds, to show cause within such period not less than 15 days from the date of receipt of such notice as to why the licence should not be cancelled and also shall give the licensee an opportunity of being heard on examining the reply received from the licensee within the time specified as above, The Chief Executive Officer may cancel the licence. 9. Unauthorized, obscene or objectionable hoarding (1) On cancellation of a licence as above or rejection of his/her removal application, the owner of such a hoarding/advertisement board shall remove it within 7 days from the date of receipt of the order of cancellation of licence or of the order refusing to renew the licencee, failing which the Chief Executive Officer shall cause to remove such hoarding/advertisement board and recover the cost of such removal from the owner of such hoarding/advertisement board. (2) The Chief Executive Officer may either suomoto or on any representation shall direct the licensee to remove those advertisements in a hoarding/advertisement board, within 7 days, if the contents of such advertisement are considered to be obscene or objectionable. If the licence does not remove such advertisement within 7 days, the Chief Executive Officer shall remove such advertisement within 7 days; the Chief Executive Officer shall remove the hoarding/advertisement board and recover the costs from the owner of such hoarding/advertisement board. 3
10. Appeal against the order refusing to grant a licence or renew a licence An appeal to the Cantonment Board shall be made in the form III within 30 days from the date of receipt of the order refusing to grant a licence or renew a licence. The appeal shall be accompanied by a fee of Rs.500/- (Rupees Five Hundred Only) and the grounds of appeal. Such appeal shall be disposed of within a period of 60 days from the date of receipt of such appeal. 11. Cost of application form The cost of application form for grant of licence and for renewal of licence shall be Rs.1000/- (Rupees One Thousand Only). 12. Rate of licence fee on advertisement exhibited on other than hoardings (per sq mt) The Cantonment Board fix the yearly advertisement licence fee on advertisements exhibited other than on hoardings, as 50% of the corresponding size hoarding rate. 13. Rate of Annual Licence Fee (per sq mt) The Table (i) Hoardings on main road (width above 40'0") (a) Without lighting (b) With ordinary lighting (c) With neon or mercury lighting Rs.3,000/- Rs.3,600/- Rs.4,800/- (ii) Hoardings on main road (25'0" to 40'0") (a) Without lighting (b) With ordinary lighting (c) With neon or mercury lighting Rs.1,200/- Rs.1,800/- Rs.2,400/- The Cantonment Board shall revise the rates at least once in every three years. 14. Issue of assessment order on advertisement licence The Chief Executive Officer shall issue an assessment order for payment of yearly advertisement licence fee in form 4 along with the licence for erection of a hoarding/advertisement. 15. The payment of advertisement licence fee The advertisement licence fee shall be levied and collected every year beginning from 15t April to 31st March. The advertisement licence shall be paid within thirty days from the beginning of the year or within thirty days from the date of issue of assessment order, as the case may be. If the advertisement licence is not paid within the said period of thirty days, the Chief Executive Officer may after giving notice in writing to the owner of such hoarding take such action to remove the same. 4
16. Maintenance of registers The register as in form VI shall be maintained by the Chief Executive Officer for the Cantonment area in regard to the issue of licences for erection of hoarding/advertisement and collection of rent and advertisement licence fee on hoarding/advertisement 17. Inspection of hoardings/advertisement boards The Chief Executive Officer or any officer authorized by him in his behalf shall make periodical inspection of the hoardings/advertisement boards erected and verify whether hoardings are being maintained in accordance with the conditions prescribed in the licence. During such inspection if it is noticed that the hoardings/advertisement boards are not in accordance with the provisions of the act, resolution of the board and the conditions of the licence, the Chief Executive Officer shall take such action as required under these provisions. 5
APPENDIX FORM I APPLICATION FOR LICENCE TO ERECT A HOARDING/ ADVERTISEMENT BOARD IN ST. THOMAS MOUNT- CUM- PALLAVARAM CANTONMENT BOARD. (1) Name and address of the applicant / Company / Government Department (2) Exact location with identification land marks and direction of facing of the frontage of the hoarding/advertisement board (3) Place of erection of hoarding/advertisement board with ward number (If on buildings, address of the building) (4) Name of the owner of the land / building on which the hoarding/advertisement board is to be erected (5) Size of the hoarding/advertisement board proposed to be erected (Length, breadth and width to be mentioned) (6) Nature of the materials to be used (7) Whether annual rent paid for land belonging to Government and if so, the date of payment and other details (8) Copy of 4B receipt by which licence fees and rent for Government land, if any, is paid (9) No Objection Certificate for the land or building on which the hoarding/advertisement board is to be erected (10) Plan of the hoarding/advertisement board indicating width, height, structural stability etc., duly approved by the qualified Engineer and Structural Engineer (11) No Objection Certificate from the Police Department from an Officer not below the rank of Deputy Superintendent of Police (12) A Topo sketch indicating the proposed location of the hoarding/ advertisement board Signature of the applicant 6
ACKNOWLEDGEMENT Received the application for erection of hoarding/advertisement board in St. Thomas Mount-Cum- Pallavaram Cantonment Board at Ward No. at from Sri. / Smt. Signature and date FORM H LICENCE FOR THE HOARDING/ ADVERTISEMENT BOARD IN ST. THOMAS MOUNT- CUM-PALLAVARAM CANTONMENT BOARD. No DATE "Reference.- Application number and date of Form I This licence is valid upto the 3 ls1 day of March of the financial year. Licence is granted to for erection of hoarding/ advertisement board of size. at Ward No in St. Thomas Mount-Cum-Pallavaram Cantonment Board on the land belonging to subject to the conditions prescribed below:- CONDITIONS; (I) This licence is not transferable (2) The licencee should on no account change the ownership of the hoarding/ advertisement board without prior permission of the Chief Executive Officer. 7
FORM HI APPEAL AGAINST THE ORDERS OF THE CHIEF EXECUTIVE OFFICER REFUSING TO GRANT OR RENEW A LICENCE FOR ERECTION OR CANCELLING OR SUSPENDING A LICENCE Date: From To The President of Cantonment Board Office of the Cantonment Board, St. Thomas Mount, Chennai 16. Reference.- Orders of the Chief Executive Officer No dated Sir, I hereby appeal against the orders of the Chief Executive Officer of dated refusing to grant or renew a licence or cancellation or suspension of the licence for the period from to Applied by me / granted to me (copy enclosed). I enclose herewith a copy of 4B receipt for payment of Rs.500/- towards fee for filing appeal. Under the following grounds only, I appeal to the President of Cantonment Board / Cantonment Board Office for reconsideration (Details of the Grounds):- (I ) (2) (3) 8
FORM IV No Dated ASSESSMENT ORDER FOR THE PAYMENT OF ADVERTISEMENT LICENCE FEE This order is for payment of advertisement licence fee for the advertisement exhibited on hoarding/advertisements at (locality) in St. Thomas Mount-Cum-Pallavaram Cantonment Board of size for Rs payable yearly. The licence fee shall be paid in the Cantonment Board office. Non-payment of advertisement licence fee shall attract removal of the advertisement by the Chief Executive Officer. Chief Executive Officer FORM V No Dated: APPLICATION FOR RENEWAL OF LICENCE IN ST. THOMAS MOUNT-CUM- PALLAVARAM CANTONMENT BOARD. Name and address of the existing hoarding/advertisement licensee Place of erection of hoarding/advertisement with ward number Exact location with identification land marks of the hoarding/ advertisement Permitted size of the existing hoarding/advertisement Details of existing licence issued under form II Number and date of the licence fee assessment order issued under Form IV Annual rent, licence fee and advertisement licence fee paid details No objection certificate for the land or building on which Hoarding/advertisement is erected, for the purpose of renewal Signature of the applicant 9
FORM VI REGISTER FOR COLLECTION OF LICENCE FEE, ANNUAL RENT AND ADVERTISEMENT LICENCE FEE IN ST. THOMAS MOUNT-CUM-PALLAVARAM CANTONMENT BOARD. Name of the applicant Location of the hoarding/advertisement Name of the land owner / competent authority if on Government land Name and address of the owner of the building Licence number and date and licence fee paid Assessment number and date Annual rent Size Year Licence fee Annual rent per year Advertisement licence Size for the land fee (1) (2) (3) (4) (5) Chief Executive Officer 10