(1) This Act may be called the Puducherry Open Places (Prevention of Disfigurement) Act, 2000.
(2) It extends to the whole of the Union territory of Puducherry.
+(3) It shall come into force at once.
Definitions
2. In this Act, unless the context otherwise requires, –
(a) "advertisement" includes an effigy or any bill, notice, document, paper or other thing containing any words, signs or visible representations;
(b) "defacement" includes impairing or interfering with the appearance of beauty, damaging, disfiguring, spoiling or injuring in any other way whatsoever and the word "deface" shall be construed accordingly;
(c) "Government" means the Administrator of the Union territory of Puducherry appointed by the President under article 239 of the Constitution;
(d) "objectionable advertisement" means any advertisement which is likely to – + This Act came into force w.e.f 20.12.2000.
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(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–
(iv) 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
(v) 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 –
(1) expressing disapprobation or criticism of any law or of any policy or administrative action of the Government with a view to obtain its alteration or redress by lawful means;
(2) criticising any social or religious practices without malicious intention and with an honest view to promote social or religious reform 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 visible to a person being in, or passing along, any public place;
(f) "public place" means any place (including a road, street or way, whether a thoroughfare 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.
No person to affix to or inscribe or exhibit on any place open to public view any objectionable advertisement, etc.
3. On and from the commencement of this Act, 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.
347 Government to specify by notification any area where no person shall deface any place open to public view
4. Notwithstanding anything contained in this Act, or any other law for the time being in force, the Government may, if satisfied, that it is necessary or expedient so to do for purpose of preventing defacement, by notification in the official gazette, direct that 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 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 and for such other purposes, as may be specified in the said notification.
Penalty for disfigurement by objectionable advertisements
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 one year or with fine which may extend to one thousand rupees or with both.
Penalty for unauthorised disfigurement by advertisements
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 two hundred rupees, or with both.
Penalty for contravention of notification issued under section 4
7. Whoever defaces any place open to public view in contravention of the notification issued under section 4 shall be punishable for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.
Punishment of abettors
8. Whoever in any manner whatsoever causes, procures, counsels, aids, abets or is accessory to, the commission of any offence under section 3, section 4 or section 5, shall be punished with the punishment provided for the offence.
Burden of proof in certain cases
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.
348 Offences by companies