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Extension of the West Bengal Prevention of Defacement of Property Act, 1976 to DNH Dt. 03.09.1985

Central Notification · 19614,922 characters of text

The enactment

TypeNotification
Year1961
JurisdictionCentral
MinistryMinistry of Home Affairs
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectscriminal

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

'*v / |$ (f5^ /" TO *S PUBLIoHED IN TEE GAZETTE OF INDIA, 3XTRA0BDINARY.

PART I I , bJBi ECTION 3(1) DATED THE 3RD SEPTEMBER, 19B5.

GOVERNMENT OR IHDIA MINISTRY OF HOME AFFAIRS New D e l h i , tNe 3rd September , 1985.

SPJIJJ^JJM of 1 9 6 1 ; , " ' % C t , ; ' " ; s , , " „ H e v s l i , t h e West Bengal Pr f cvsnt e r r i t o r y of Daar j Md i^f=» » b V S ' l B 7 6 , ( f c s t Bengal Act 21 ^ on the t l o o of D e f f ? r n t of : ^ f | ^ ' 0 i (,^ B t n g e i ^ u W . . t ? S s a o t i - t o t h I 6 f . l l o , a k g « , « « » « * » . , osmely =- f i e a t i o n MJ3DlFTCATl0iIS.

-, Tn s e c t i o n 1 , for s u b - s e c t i o n s (2) and ( 3 ) , t h e fo l lowing s ^ - s ^ t i c n s s h . l l b« s u b s t i t u t e d , nam.ly . - n{2) I t extends to t h e whole of the Union t e r r i t o r y of Dadre end Nagar H&veli .

r ^ Tt s h a l l conic i n t o force on such flat* a s - t h e (3.) I t s J d ^ r c ; ^ i t ^ a t i o n i r i t h e Dedra and Hagar Admin i s t r a to r may, by n o u u c a u u Have l i Gazet te appoint-1 1 o „i-,-,=.- fa^ « h n l l be r e - l e t t e r e d as 2 . In s e c t i o n 2 , c l a u s e <aj s&aiJ. oe r - T f i_i€-& t£red , • . . „ „ (&a1 •ch.;veoi and b e f o i s c l a u s e U»J °s so u t h e fol lowing c l ause s h e l l be i n s e r t e d , namely , - 1(a) "Aominis txator" means the A d m i a x s ^ x o r of t h e U J Union t e r r i t o r y of D.cra and » ; * « & * £ * appointed by the P r ^ s i a a n t under a r t i c l e 239 of t h e C o n s t i t u t i o n , !

3 In s e c t i o n 5 , for the words " S t a t e Government", the word "Admin i s t r a to r " s h a l l be s u b s t i t u t e d .

4. Section 7 shall be omitted.

The text of the Act, as modified by this notification, is published as Anaexure to this notification.

http://sh.ll ANNEXURE THE WEST BENGAL PREVENTION OF DEFACEMENT OF PROPERTY ACT 1976 (WEST BENGAL ACT 21 OF 1976) AS EXTENDED TO THE UNI TERRITORY OF DADRA AND HAG1R HAVEL I.

ON An Act to provide for the prevention of defacement of p roper ty .

"WHEREAS i t is expedient in the public i n t e r e s t to provide for the prevention of defacement of property and for matters connected therewith or inc iden ta l thereto?

I t i s hereby enacted in the Twenty-seventh Year of the Republic of India , by the Legis la ture of West Bengal as.follows % Short t i t l e , extent and app l i ca t ion .

1 . Cl) This Act may be ca l led the West Bengal Prevention of Defacement of Property Act,1976.

/• //• tS Defini­ tions • Penalty 3.

for deface­ ment or property.

(2) It extends to the whole of the Union territory of Dadra and Nagar Haveli.

(3) It shall come into force on such dare as the Administrator may, by notification in the Dadra and Nagar Haveli Gazette appoint.

2. In this Act, unless the context otherwise requires,-

(a) ''Administrator'1 means the Administrator of the Union territory of Dadra and Nagar Haveli appointed by the President under article 239 of the Constitution5

(aa) ndefacemeatfl includes Impairing or interfering with the appearance, or beauty, damaging, disfiguring, spoiling or injuring in any other way whatsoever end the word "deface" shall be construed accordingly,

(b) "property" includes any building, hut, structure, wall, tree, fence, post, pole or any other erection 5

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

(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 indica­ ting the name and address of the owner or occupier of such property, shall be punishable with imprison­ ment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Offence 4* to be cognizable, Power of 5 , Administra­ t o r to erase wr i ­ t i n g , etc .

Act to 6 .

overr ide other laws.

Repeal 7 .

and.

savings .

- 2 -

(2) where tdxy ufftmctj c ( l ) is for the ^i-nmroteu unuer sub-sect ion benefi t of some other person pres iden t , chairman, d i r e c t o r , pa r tne r , manas< Secretary, agent or any other of f icer or g person concerned with the management thereof , as the case may bo, s h O l , unless he proves " , a V n " offence* was committed without his Knovledgeoy consent, be deemed to be g u i l t y of such offence.

An offence punishable under t h i s Act s h a l l bt e cognizable .

Without prejudice to the provisions of sec t ion 3 i t s h a l l be competent for the Administrator to t .

such s teps as may be necessary fo r ' e r a s ing any wr i t i ng , freeing any defacement or r< from any property, ke 'emoving any ma&k The provisions of th i s Act s h a l l have effect notwith­ standing anything to the contrary contained in any other law for t h Omitted.

time being in force .

£ U-11015/4/84-UTL( 166 j.7 Tfi'fyPZ6** To CB.Y.GOSWAMI) JOINT SECRETARY TO THE GOVT. OF INDIA, The Manager, Government of India Press, Mayapuri Industrial Area, NEW DELHI-

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