🧾 Advertisement through Flex Boards and Plastic Billboards in India – Legal Framework & Regulatory Requirements

[YAGAY andSUN]

🧾 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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