(1) This Regulation may be called the Lakshadweep Open Places (Prevention of Defacement) Regulation, 2022.
(2) It extends to the whole of the Union territory of Lakshadweep.
(3) It shall come into force at once.
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xxxGIDHxxx xxxGIDExxx j ft LVªh l añ Mhñ , yñ—(, u)04@0007@2003—22 REGISTERED NO. DL—(N)04/0007/2003—22 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 20th December, 2022/Agrahayana 29, 1944 (Saka) सी.जी.-डी.एल.-अ.-20122022-241247 CG-DL-E-20122022-241247 सी.जी.-डी.एल.-अ.-20122022-241247 CG-DL-E-20122022-241247 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
2. In this Regulation, unless the context otherwise requires,—
(a)“Administrator” means the Administrator of the Union territory of Lakshadweep appointed by the President under article 239 of the Constitution;
(b) “advertisement” includes any effigy or any bill, notice, document, paper or other thing containing any words, signs or visible representations;
(c) “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;
(d)“objectionable advertisement” means any advertisement which is likely to—
(i) incite any person to commit murder, sabotage or any offence involving violence; or
(ii) seduce any member of any of the armed forces of the Union or of the police forces from his allegiance or his duty, or prejudice the recruiting of persons to serve in any such force or prejudice the discipline of any such force; or
(iii) incite any section of the citizens of India to acts of violence against any other section of the citizens of India or which— (A) is deliberately intended to outrage the religious feelings of any class of the citizens of India by insulting or blaspheming or profaning the religion or the religious beliefs of that class; or (B) is grossly indecent, or is scurrilous or obscene or intended for blackmail.
Explanation.—An advertisement shall not be deemed to be objectionable merely because words or signs or visible representations are used criticising any social or religious practices without malicious intention and with an honest view to promote social or religious reforms or social justice;
(e) “place open to public view” includes any private place or building, monument, statue, post, wall, fence, tree or other thing or contrivance which is visible to a person being in, or passing along, any public place;
(f) “property” includes any building, hut, monument, statue, water pipe line, structure, wall including compound wall, tree, fence, post, pole or any other erection;
(g) “public place” means any place (including a road, street or way, whether a through fare or not and a landing place) to which the public are granted access or have a right to resort, or over which they have a right to pass;
(h) “writing” includes decoration, lettering or ornamentation produced by stencil.
3. On and from the commencement of this Regulation, no person shall affix to, or inscribe or exhibit on, any place open to public view,—
(i) any objectionable advertisement; or
(ii) any advertisement without the written consent of the owner or occupier or person in the management of the property in which such place is situated.
4. Notwithstanding anything contained in this Regulation or in any other law for the time being in force, where the Administrator is satisfied that it is necessary or expedient so to do, he may, for the purpose of preventing defacement, by notification in the Official Gazette, direct that on and from such date, and in such area, as may be specified in the notification, no person shall deface any place open to public view by spitting or urinating or pasting pamphlets, poster or writing or marking with ink, chalk, paint or with any other No person to affix, inscribe or exhibit any objectionable advertisement, etc., in any place open to public view.
Administrator to specify by notification any area where no person shall deface any place open to public view.
Definitions.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 material or method, except for the purpose of indicating the name and for such other purposes, as may be specified in that notification.
5. Whoever affixes to, or inscribes or exhibits on, any place open to public view any objectionable advertisement shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to one thousand rupees, or with both.
6. Whoever affixes to, or inscribes or exhibits on, any place open to public view any advertisement without the written consent of the owner or occupier or person in management of the property in which such place is situated shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to one thousand rupees, or with both.
7. Whoever defaces any place open to public view in contravention of the notification issued under section 4 shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees, or with both.
8. Whoever in any manner whatsoever causes, procures, counsels, aids, abets or is accessory to, the commission of any offence under section 3 or section 4 or section 5 shall be punished with the punishment provided for the offence.
9. Where a person is prosecuted for committing an offence under section 6, the burden of proving that he has the written consent referred to in that section shall be on him.