Prevention of Defacement of Property Act

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An Act to Provide for the Prevention of Defacement of Property

Whereas it is expedient in the public interest to provide for the prevention of defacement of property and for matters connected therewith or incidental there to:
It is hereby enacted in the Twenty-seventh Year of the Republic of India by the Legislature of West Bengal as follows:-

1. Short title, Extent and Application:-

1. This Act may be called the West Bengal' Prevention of Defacement of Property Act, 1976

2. It extends to the whole of the Union Territory of Delhi

3. It shall come into force on such date as the Administrator may, by notification in the Delhi Gazette, appoint.

2. Definitions:-

In this Act, unless the context otherwise requires,-

a) "Administrator" means the Administrator of the Union Territory of Delhi. appointed by the President under Article 239 of the Constitution;
(i) "defacement" includes impairing or interfering with the appearance beauty, damaging, distinguishing, spoiling or injuring in any other way whatsoever, and the word "deface" shall be construed accordingly;

b) "property" includes any building, hut, structure, wall, tree, fence, post, pole or any other creation;

c) "writing" including decoration, lettering, ornamentation, etc., produced by stencil.

3. Penalty for Defacement of Property:-

1. Whoever defaces any property in public view by writing or marking with ink, chalk, paint or any other material, except for the purpose of indicating the memo and address of the owner or occupier of such property, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

2. Where any offence committed under sub-section (1) is for the benefit of some other person or a company or other body corporate or an association of persons (whether incorporated or not), then such other person and every president, chairman, director, partner, manager, secretary, agent or any other officer or person concerned with the management thereof, as the case may be, shall unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.

4. Offence to be Cognizable
An offence punishable under this Act shall be cognizable.

Offences committed under this Act are cognizable

5. Power of Administrator to Erase Writing, etc:-
Without prejudice to the provisions of section 3, it shall be competent for the Administrator to take such steps as may be necessary for erasing any writing, freeing any defacement or removing any mark from any property.

6. Act to Override Other Laws:-
The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force.

7. Repeal and Saving:-