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🧾 Advertisement through Flex Boards and Plastic Billboards in India – Legal Framework & Regulatory Requirements
Here's a comprehensive overview of the legal and regulatory framework governing advertisements through flex boards and plastic billboards in India, including the need for consents, NOCs, and permissions, along with applicable laws:
1. Overview
Advertisements using flex boards or plastic billboards in India are regulated from multiple angles:
- Urban development and municipal control over public spaces
- Environmental laws (especially related to plastic waste)
- Advertising laws and consumer protection
- Permissions and consents from local or statutory bodies
⚖️ Applicable Laws & Regulatory Framework
A. Municipal Laws (Primary Regulation for Location & Structure)
Key Points:
- Urban Local Bodies (ULBs), typically the Municipal Corporation or Municipality, regulate:
- Erection of billboards
- Permission/NOC for location, size, duration
- Taxes/fees on advertisements
Relevant Acts:
- Municipal Corporation Acts of respective states (e.g., Delhi Municipal Corporation Act, 1957; Mumbai Municipal Corporation Act)
- Outdoor Advertising Policies (City-specific)
- Building Bye-Laws and Zoning Regulations
Permissions Required:
- License/Permit from local municipality
- Structural Safety Clearance (for large hoardings)
- No Objection Certificate (NOC) from:
- Urban planning or road authorities
- Fire department (for indoor or high-rise boards)
B. Environmental Laws (Focus on Plastic Content)
1. Plastic Waste Management Rules, 2016 (Amended 2021, 2022) – MoEFCC
- Ban on specific SUP items includes:
“Plastic banners/flex of less than 100 microns thickness” — now prohibited
- Extended Producer Responsibility (EPR) for:
- Printers, brand owners, and advertisers using plastic flex
- Must ensure proper disposal, recycling, and reporting
2. Environment (Protection) Act, 1986
- MoEFCC/CPCB/SPCB can take action against environmental violations (e.g., unregulated use of polluting plastic banners)
- Can issue directions for closure or regulation
C. Advertising Standards Council of India (ASCI) Guidelines
- Self-regulatory body for advertising
- Doesn’t regulate placement or structure, but governs content (truthful, non-misleading, not offensive)
D. Other Relevant Permissions/Authorities
Permission | Authority | Purpose |
Structural Safety Clearance | Municipal Engineering Dept. | For large/roof-top hoardings |
NOC from Road/Transport Dept | State PWD / NHAI | If hoardings are along roads/highways |
Environmental Clearance | SPCB / MoEFCC (if major scale) | For large-scale advertising causing pollution |
Electricity Connections | DISCOMs (if hoardings are lit) | Metering, energy use approval |
🚫 Enforcement and Penal Provisions
- Municipal Fines for:
- Unauthorized hoardings
- Violation of display norms
- Environmental Penalties:
- Upto ₹1 lakh or imprisonment under the EP Act for plastic rule violations
- Seizure and removal of illegal boards by municipal squads
✅ Consent & Permission Workflow (Typical Process)
Process Flow Chart
A[Advertiser or Agency] --> B[Apply to Municipal Corporation]
B --> C[Site & Structural Approval]
C --> D[Pay Advertisement Tax/Fee]
D --> E[NOC from Relevant Authorities (PWD, Fire, DISCOM)]
E --> F[Final Permit Issued]
F --> G[Installation & Display]
🔎 Conclusion
Flex and plastic billboard advertisements are governed by a complex interplay of local municipal laws and national environmental laws. While municipalities handle location and structural approvals, the MoEFCC governs the material standards (i.e., banning low-micron plastic flex and enforcing recycling). Unauthorized display, use of banned plastic, or failure to obtain NOC can lead to fines, removal, and legal action.
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