Environment Protection (Affixing of Posters) Regulations 2008

Brief

Indiscriminate affixing of posters (“Affichage sauvage”) on our buildings, telegraphic or electrical poles, walls and fences which have a road frontage or which can be viewed from a road largely contributes to the degradation of the aesthetics of our towns and villages and gives the impression of urban decay.  This persistent environmental eyesore also adversely impacts on our tourism industry.

            With a view to controlling illegal affixing of posters in a practical, efficient and easily enforceable manner, regulations were made under section 96 of the Environment Protection Act.  The Environment Protection (Affixing of Posters) Regulations, 2008, GN No.182 of 2008, provide, inter-alia, for:- 

·   prohibition of affixing of posters in a public place other than a designated site approved by a Local Authority or the Road Development Authority;

·   the printing company, distributor  or person commissioning the poster to be affixed, to indicate their required particulars in an affixed poster;  

·   the existing posters situated on a private premises to comply with the provisions of the regulations within 30 days of the coming into force of the regulations;

·   non-compliance with the regulations to be an offence and to be subject to a fine not exceeding

Ø      Rs 50,000 on a first conviction and

Ø      Rs 250,000 on a second and subsequent conviction; and to imprisonment for a term not exceeding one year.

·   empowerment of the enforcing agency (i.e. the local authority) or the authorized officer (a Police Officer - Police de l’Environnement /Police du Tourisme) to pull down, remove or alter the poster at the cost of the person who affixed or caused the poster to be affixed, and to take any other measures to ensure the protection of the environment.

The regulations shall not apply to billboards; traffic signs; posters affixed inside a commercial premise or building or inside a display window of a building; or any information or signs erected by or with the approval of a government authority. 

 Click here to access the full text of the Environment Protection (Affixing of Posters) Regulations 2008. 

Note:

1.      The Environment Protection (Amendment) Act 2008, in force since 15 July 2008, provides for a fixed penalty notice to be served upon “any person affixing a poster elsewhere than on a designated site or defacing a designated site”; the quantum for this fixed penalty offence is Rs 6000.

2.      The Local Authorities have identified the designated sites where posters panels are being set up in their respective administrative area.

For any applicable fees for affixing of posters or designation of poster panel sites, the relevant Local Authority should be consulted for advice, authorisation and approval.