(1) This Act may be called the Haryana Prevention of Defacement of Property Act, 1989.
(2) It extends to the whole of the State of Haryana.
(3) This Act shall come into force in such areas and on such dates as the State Government may, by notification, specify and different dates may be specified for different areas.
2. In this Act, unless the context otherwise requires,—
(a) “defacement” includes impairing or interfering with the appearance or beauty, damaging, disfiguring, spoiling or injuring in any other way whatsoever and the word “deface” shall be construed accordingly;
3[(a-i) “Government” means Government of the State of Haryana;
(a-ii) “local authority” means a Municipal Corporation, Municipal Council, Municipal Committee, Town Improvement Trust, Haryana Urban Development Authority or other authority legally entitled 1990 : Hr. Act 11] PREVENTION OF DEFACEMENT OF PROPERTY Short title, extent and commencement.
1 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 5th September, 1989, Page 1701.
2 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary) dated the 29th February, 1996, Page 490.
3. Inserted by Haryana Act 10 of 1996.
Definitions.
142 to, or entrusted by the Government with, the control or management of municipal or local fund;
(a-iii) “prescribed” means prescribed by rules made under this Act;]
(b) “ property” includes any building, hut, structure, wall, tree, fence, post, pole or any other erection; and
(c) “writing” includes decoration, lettering, ornamentation, produced by stencil.
1[3. All advertisements and writings shall be made only at places earmarked by the Block Development and Panchayats Officer or Social Education and Panchayats Officer in rural areas and Executive Officer or Secretary of the Municipality or any other agency notified by the Government, as the case may be, in urban areas, on the payment of fee to be levied by the above authorities at such rates as may be prescribed.
3A (1) Whoever defaces any property in public view except any board or wall provided for advertisement and publicity, by writing or marking with ink, chalk, paint or any other material, except for the purpose of indicating the name 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 ten thousand rupees or with both:
Provided that sign boards fixed by any person, individual or institution on their own property or property occupied by them at their cost, shall be exempted from the provisions of sub-section (1):
Provided further that the owners or managers of the organizations making defacement of the properties for their business activities, shall be responsible for removing such defacement and the burden of proving their innocence for such defacement, shall rest on them.
(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, or a political party or its candidates, 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.]