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Section 5

The Haryana Prevention of Defacement of Property Act, 1989 (11 of 1990).State Act of Haryana · Act 11 of 1990

(1) Without prejudice to the provisions of section 3A, it shall be competent for the Government to take such steps as may be necessary for erasing any writing, freeing any defacement or removing any mark from any property. The Government shall have the power to conduct or cause to conduct, through the District Magistrate concerned, spot inspections with regard to defacement of property. If on such inspections it is found that specific permission of the owner or occupier of the property has not been obtained, action for removal of defacement shall be taken forthwith at the expense of the person or persons found guilty. In case the erasing is done by the Government, before doing so, a notice of two weeks shall be given to owner or occupier of the property to erase or remove the defacement. The expenses of removing or erasing the defacement, shall be borne by the owner or occupier found guilty.

(2) Any amount due under this Act, on an application made in this behalf by the authorities mentioned in section 3, to the Collector, shall be recovered as arrears of land revenue.

5A. No suit, prosecution or other legal proceedings shall lie against any local authority or person for anything which is in good faith or in public interest done or intended to be done under this Act.]

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

2[6A. The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.]

Power of Government to remove defacement.

Protection of action taken in good faith.

Act to override other laws.

Power of Government to make rules.

1 Substituted by Haryana Act 10 of 1996.

2 Inserted by Haryana Act 10 of 1996.

1990 : Hr. Act 11] PREVENTION OF DEFACEMENT OF PROPERTY 144

Where this provision sits

ActThe Haryana Prevention of Defacement of Property Act, 1989 (11 of 1990).
Section5
JurisdictionState of Haryana
StatusIn force as published by the source

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