Pune Municipal Corporation Pandal Policy-2015

PUNE MUNICIPAL CORPORATION, PUNE

Deputy Commissioner (Encroachment /Illegal Construction Removal Department)

Subject : The procedure followed by the Pune Municipal Corporation while granting permission to erect temporary pandals / stages on the footpaths, roads of the Municipal Corporation during public festivals in the Pune city in accordance with the guidelines formulated by the Hon. High Court for celebrating public festivals.

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PUNE MUNICIPAL CORPORATION – “PANDAL POLICY – 2015”

(Authorized vide Pune Municipal Corporation Hon. Chief Meeting / Municipal Corporation Resolution No. 321, dated 18/9/2015)

Revised copy as per accepted sub- notification in accordance with the said resolution

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Introduction

Every year pandals / stages are erected in the area under the Pune Municipal Corporation by the respective public institutes, organizations and citizens on the public roads and footpaths of the Pune Municipal Corporation, on the occasion of various public festivals / celebrations by all the religions; for example, Ganesh / Navratri festival, Dahi Handi festival, Ramzan Id, Christmas etc, also on the occasions of anniversaries of all the national leaders. For the same, all the ward offices under the control of the office of the Deputy Commissioner (Encroachment /Illegal Construction Removal Department) of the PMC have been assigned the work of issuing official permission from the Pune Municipal Corporation, by charging rates that are approved from time to time by the Hon. Chief Meeting.

But, the Hon. High Court, on 13 March 2015 and 14 March 2015, in the Public Interest Litigation No. 173/2012 presented before the Hon. High Court along with the Civil Application No. 124/2014, has discussed in detail about the rights the Commissioners of the Municipal Corporations have as per the Article 317 of Bombay Municipal Corporation Act 1888 and vide Article 234 of Municipal Corporation Act in reference to the pandals being erected on the roads/footpaths on the occasion of public ceremonies and festivals, and has instructed the government to take action accordingly. In view of that, as per the official letter dated 6 July 2015 from Government of Maharashtra, Urban Development Department, Government Circular Number Ligitation 2015/S.No.878(1)UD 34, Mantralaya, Mumbai-32, the Pune Municipal Corporation has received orders, regarding the above issue, to formulate a comprehensive pandal policy as per the orders given by the Hon. High Court and implement it.

Accordingly, the new Pune Municipal Corporation – Pandal Policy-2015 was approved as per the Hon. Chief Meeting Resolution No.321 dated 18/9/2015, which was formulated by the Pune Municipal Corporation by following the guiding principles given by the Hon. High Court, in order to give permission to erect pandal / stage / arch / running pandal on the public roads/footpaths during the festival time ensuring that public festivals, celebrations are conducted peacefully and smoothly. Administrative approval for the implementation of the same has been taken as per Hon. Municipal Commissioner Resolution No.6/62 dated 20/5/2016. Henceforth, permissions for erecting pandals / stage / arches / running pandal etc. on Municipal Corporation roads/footpaths during public festivals / celebrations in the Pune city will be granted as per the rules and terms/conditions stated in this revised policy. If all those associated with celebrations of public festivals/celebrations take the necessary permissions as per the new policy and follow the approved terms/conditions strictly then it will not cause hindrance to traffic or pedestrians during the festival period; festivals/celebrations of all the religions can be celebrated appropriately all through the year without adversely affecting the normal activities of the people and by safeguarding public sentiments.

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Procedure to procure Pandal / Stage permission and terms and conditions about the same

• The way / method to submit the application: To get permission for the area on which the concerned people want to erect a pandal / stage / arch, the people associated with the celebration should submit an application with the respective ward office of the Pune Municipal Corporation at least 5 days prior to the festival/celebration along with the necessary documents, maps and “No Objection Certificate” about prior permission from the Police Inspector and Traffic Police of the respective Police Station who have been authorized by the Hon. Commissioner of Police. The concerned Municipal Deputy Commissioner of Pune Municipal Corporation shall grant the permission to erect temporary pandal/ stage / arch as per Article 234 of Maharashtra Municipal Corporation Act 1949, after verifying the necessary documents enclosed with the application and after examining the following points as prescribed in the policy. 1. Necessary documents to be enclosed along with the application: a. Previous license holders – If the details in the application such as dignitaries of applicant mandal / organization, the place of pandal / stage / arch and its dimensions including length-breadth-height are the same as in the previous year’s license then such applicants should produce Xerox copies of all documents regarding previous year’s authorized license for erecting pandal /stage /arch as well as a “No Objection Certificate” issued by competent authority of traffic police department. b. New applicants or license holders with some changes - 1) Rough map of the place where the structure is to be erected along with measurements of length, breadth and width of the structure as well as the width of the adjacent road. 2) “No Objection Certificate” issued by competent authority of traffic police department. c. The necessary information about the Chairman, Vice-chairman, Secretary and Applicant of the concerned society / organization / mandal and if it is an individual applicant then his / her information along with their photo, complete name and address, contact number and signature. 2. Before granting permission it shall be verified whether the concerned applicant has submitted “No Objection Certificate”, issued by the competent Police Inspector / Local Police Station as well as that issued by competent authority of Traffic Police Department, for erection of temporary pandal / stage, and also has submitted a rough map with length, breadth and height of the temporary pandal/ stage that is to be erected. 3. The height of the pandal should not be more than 40 feet. If the applicant wishes to erect a pandal of more than 40 feet height then from the perspective of safety, the concerned applicant should attach with the application a Structural Stability Certificate issued by an authorized Civil Engineer. 4. No pits shall be dug on the PMC footpaths during erection of temporary pandal / stage. If it is observed that such pits are dug at the said place or any damage to any public property is done then the concerned people will be charged with a fine of Rs. 2000/- per pit and the fine shall be recovered from them. Similarly, further legal action will be taken against the concerned people. No pits shall be dug on concrete roads; if such pits are dug then a fine of Rs.2000/- per pit will be charged for the first year. If it is observed that pits are dug the following year also then after recovery of fine, it will be treated as a legal offence and the same will be registered as crime.

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5. If the people erecting the pandal / stage need to use electricity and water, as required, during the festival time then it shall be necessary to get a temporary, authorized, independent connection from the respective department. If it is observed that electricity connection has been illegally procured from the electric polls on the Pune Municipal Corporation roads then legal action will be taken against the concerned people after filing a case in the local police station. 6. The concerned people can not display advertisements, in an unauthorized manner, of products / goods of other manufacturers, courtesy to the concerned mandal, on the festival pandal / stage or skirting border of the pandal. To do so, official permission can be taken from the Pune Municipal Corporation to display advertisements in the area of up to 50 m distance from the main pandal by setting up a running pandal and as per the “No Objection Certificate” from the local police and traffic department by making a payment of Rs. 500/- towards license fee for advertisements. However, for all the advertisements displayed by taking such a permission, it shall be abiding to display advertisements of projects run by the Municipal Corporation on one-fifth (1/5th) part of the area. But, if more than one mandal / organization comes in the periphery of 50 metres then the said distance shall be equally divided between them and accordingly, permission to display advertisements shall be given. But, no mandal / organization can display advertisements by putting up a running pandal beyond 50 metres from the main pandal. If there are any complaints regarding the advertisements displayed, the concerned mandal / organization shall be entirely responsible for it. 7. It shall be binding upon the concerned applicant to observe the noise levels of the speakers and other musical instruments in the pandals and keep the noise level within the limit prescribed by concerned government offices. In this matter, the rules set by the police department will have to be followed. 8. It shall be abiding on the applicant to see that any other kind of event is not held in the said place other than the event for which license has been issued to erect pandal / stage. 9. Upon expiry of the pandal license, it shall be abiding on the concerned people to immediately remove the said pandal, scene-sets on road, brick structures, statues used in scene-sets and other material from the roads at their own expense along with the pandal / stage or temporary structure within 3 days from the expiry of license. 10. Upon expiry of time period for the pandal /stage, it shall be important for the concerned people to ensure that no damage has been done to that particular place, and after cleaning the entire area and completely vacating it, they shall inform the Municipal Corporation about the same. 11. The license fees paid to the Municipal Corporation for license for pandal /stage will not be refunded under any pretext or reason. Similarly, after the time period for the permission ends, a new permission shall not be granted again for an extended time period for the said pandal / stage. 12. During the festival / celebration period, after granting the permission for pandal / stage / arch/ running pandal etc., license fee will be charged and collected from the concerned people as per the size of the structure and the prevailing approved rates. 13. It shall be binding upon the concerned applicants to procure permissions from other concerned Government bodies as may be required by them to celebrate the festival. 14. It shall be abiding upon the concerned license holders to follow government resolutions passed for such licenses, rules and terms, conditions decided by Pune Municipal Corporation from time to time as per requirement as well as instructions given from time to time by the Hon. High Court / Hon. Supreme Court, etc.

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15. It shall be abiding for the concerned people to display the Xerox copies of the license received at a safe position, which is a visible part of the pandal / stage. 16. If the terms, conditions mentioned above are not followed and if it is so observed then the given license issued to the concerned people shall be cancelled and action of demolishing the pandal / stage shall be taken. 17. For any reason, the Municipal Corporation shall have the right to cancel the official license issued by them for erecting pandal / stage/ arch for festival / celebrations by issuing a 24 hours notice. 18. The pandal / stage / arch /running pandal license holders shall abide by the terms, conditions set by Pune Municipal Corporation at the time of issuing the license; also, they shall abide by terms-conditions mentioned in the “No Objection Certificate” issued by Police Station / Traffic Police Department. 19. It shall be obligatory to put up advertisements on authorized arches only after procuring permission from the Pune Municipal Corporation’s Skysign Department. If arches are erected without license or objectionable arches/ arches causing hindrance are erected or if advertisements are put up illegally then legal action will be taken against the license holders as well as the company in the advertisement. 20. While celebrating the festivals / celebrations, it is important for the concerned societies / organizations / mandals or individuals to contribute towards environment-friendly projects by implementing the laws / guidelines about pollution control prescribed by the Environment Department of the Government of Maharashtra. 21. It shall be abiding for the license holders to give a “Letter of Guarantee” in writing to the Municipal Corporation about safety measures and precautions to be taken from the point of security and traffic while erecting authorized pandal / stage / arch / running pandal.

• About Controlling Noise Pollution: In public places, the intensity of noise is ever increasing due to industrial activity, various types of construction works, generators, loud speakers, public meetings, musical instruments, vehicle horns and other noise-emitting gadgets. As Noise Pollution is causing adverse effects on physical health and mental well-being of the people, and also from the point of view of maintaining optimum level of noise in the environment, it is necessary to regulate and control the sources of noise. For this purpose, an Authority has been appointed in order to effectively implement the Noise Pollution (Regulation and Control) Rules 2000 under the Government of Maharashtra’s Government Resolution dated 21 April 2009. In this matter, regulation and implementation of legal issues shall be strictly done by the Police Department of Pune city. Accordingly, it shall be abiding for the concerned people to obey the rules about noise pollution decided by the government.

A separate register will be maintained in the respective police station in order to keep record of the complaints lodged by citizens in regards to noise pollution. In case of complaints lodged regarding noise pollution, the respective police station shall take necessary action as per rules.

• Declaration of Silent Zone:

Silent zones in Pune City shall be decided and announced by the Office of Commissioner of Police, Pune in association with the Pune Municipal Corporation.

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• Grievances Management: 1. As per the orders of the Hon. High Court, Pune Municipal Corporation will provide the citizens of Pune with facilities of Emergency Service Department, Toll free number and e- mail address, in order that the citizens are able to lodge complaints concerning illegally erected pandals as well as those concerning noise pollution during the public festival celebrations. The above shall be carried out by the Pune Municipal Corporation in association with Pune Police Department and both the offices shall give due publicity to the above facilities. 2. After the facility is made available as stated above, the information about the same shall be conveyed to Emergency Department, and all the Municipal Corporation Assistant Commissioners, all Deputy Commissioners, Additional Commissioners 1, 2 and 3 as well as all concerned Government Departments shall be intimated about the same.

Permissions shall be granted to the citizens from Pune city during the period of festivals, celebrations to erect pandal / stage / arch / running pandal etc. for public celebrations by charging a license fee as per the prevailing approved rates.

Note :- In case of any discrepancies, please refer “Pandal Policy – 2015” in Marathi language.

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