Primary law, Tamil Nadu land law
Tamil Nadu Panchayats (Licensing of Hoardings and Levy and Collection of Advertisement Tax) Rules, 2009
The Governor of Tamil Nadu made the Tamil Nadu Panchayats (Licensing of Hoardings and Levy and Collection of Advertisement Tax) Rules, 2009, published by the Rural Development and Panchayat Raj (PR.I) Department through G.O.(Ms.) No. 41, dated 18 May 2009. The rules replace the 1999 rules and regulate hoarding licences, advertisement tax, rent, placement, removal and appeals in all Village Panchayats constituted under the Tamil Nadu Panchayats Act, 1994.
Scope and effect
The Tamil Nadu Panchayats (Licensing of Hoardings and Levy and Collection of Advertisement Tax) Rules, 2009 apply to every Village Panchayat constituted under the Tamil Nadu Panchayats Act, 1994. They cover advertisements visible to the public on private or public land, buildings, walls, trees and other objects, but exclude newspaper, radio and television advertisements.
Property owners are affected when another person proposes to erect a hoarding on their land, because the application must include the owner's no objection certificate.
Permission and licensing
A person, including a State or Central Government Department, intending to erect a hoarding must apply to the District Collector for provisional permission.
Key requirements include:
- A licence fee of Rs. 1,000 for a new licence or renewal.
- An engineer-approved plan showing dimensions, height and materials.
- A no objection certificate from the landowner or the relevant government or Panchayat authority.
- A police certificate confirming that the hoarding will not obstruct or divert pedestrians, vehicles or traffic.
- A location sketch.
- A structural stability certificate after construction and before the final licence is granted.
Provisional permission is valid for thirty days and may be extended by another thirty days. A licence remains valid up to 31 March of the third year and may be renewed for three years. Renewal applications must be filed sixty days before expiry.
Size and location controls
The maximum permitted sizes depend on road width:
- Roads above 100 feet wide, 24 feet by 12 feet, horizontally.
- Roads between 50 and 100 feet wide, 15 feet by 10 feet, horizontally.
- Roads below 50 feet wide, 12 feet by 6 feet, horizontally or vertically.
The total height cannot exceed thirty feet. Hoardings must use steel frames, run parallel to the road or footpath and have at least five feet between them. Restrictions also apply near narrow footpaths, junctions, educational institutions, popular places of worship, inpatient hospitals and places of historical or aesthetic importance.
Tax, enforcement and appeals
Village Panchayats levy half-yearly advertisement tax based on the road category, lighting and proximity to a Municipal Corporation. Annual rent is also collected for hoardings on government or Rural Local Body land.
The District Collector may cancel or refuse renewal after notice and an opportunity to respond. Unauthorised, objectionable or obscene advertisements can be ordered removed. An appeal may be filed within thirty days with a fee of Rs. 500.
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Common questions
Can someone put a hoarding on my private property without my consent?
The licence application must include a no objection certificate from the owner of the private land where the hoarding is proposed.
How long does a hoarding licence remain valid?
A licence is valid up to 31 March of the third year. It may be renewed for three years, with the renewal application submitted sixty days before expiry.
What happens if my land falls within a newly notified prohibited area?
An existing licensed hoarding in a notified prohibited area must be removed within fifteen days of the notification. If it is not removed, the District Collector may remove it, recover the cost from the licensee and act without an individual notice.
Can I appeal if a hoarding licence is refused or cancelled?
An appeal may be made to the State Government or a notified officer within thirty days of receiving the relevant order. The appeal must include the grounds of appeal and a Rs. 500 fee paid by bank demand draft.
