1[Tamil Nadu] Open Places (Prevention of Disfigurement) Act, 1959*
| 1[Tamil Nadu Act No. 2 of 1959]2 | [25th March, 1959] |
An Act to prevent disfigurement by objectionable or unauthorized advertisements of places open to public view in the 3[State of Tamil Nadu].
Whereas it is expedient to ??? disfigurement by objectionable or unauthorized advertisements of places open to public view in the 3[State of Tamil Nadu];
Be it enacted in the Tenth Year of the Republic of India as follows:-
1 These, words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2 For Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary, dated the 30th October, 1958, Part IV-A, page 478.
This Act was extended to the added territories by section 3 of, and the First Schedule to, the Tamil Nadu (Added Territories) Extension of Laws Act, 1962 (Tamil Nadu Act 14 of 1962), repealing the corresponding law in force in those territories.
3 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
* Received the assent of the Governor on the 16th March, 1959, first published in the Fort St. George Gazette on the 25th March, 1959 (Chaitra 4, 1881)
1. Short title and extent.- (1) This Act may be called the 1[Tamil Nadu] Open Places (Prevention of Disfigurement) Act, 1959.
(2) It extends to the whole of the 3[State of Tamil Nadu].
1 These, words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
3 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "advertisement" includes any effigy or any bill, notice, document, paper or other thing containing any words, signs or visible representations;
(b) "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-
(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) criticizing any social or religious practices without malicious intention and with an honest view to promote social or religious reform or social justice;
(c) "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;
(d) "public place" means any place (including a road street or way, whether a through fare or not and a tending place) to which the public are granted access or have a right to resort, or over which they have a right to pass.
3. Penalty for disfigurement by objectionable advertisements.- 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.
4. Penalty for unauthorized disfigurement by advertisements.- 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.
5. Punishment of abettors.- 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 shall be punished with the punishment provided for the offence.
6. Burden of proof in certain cases.- Where a person is prosecuted for committing an offence under section 4, the burden of proving that he has the written consent referred to in that section shall be on him.
7. Offences by companies.- (1) Where an offence has been committed by a company, every person who, at the time when the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the ??? or ??? or is attributable to any gross negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company, shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.-For the purpose of this section-
(a) ‘company’ means any body corporate and includes a firm or other association of individuals, and
(b) ‘director’ in relation to a firm, means a partner in the firm.
8. Offences under the Act to be cognizable.- Notwithstanding anything contained in the *Code of Criminal Procedure, 1898 (Central Act V of 1898), any offence punishable under this Act shall be deemed to be a cognizable offence within the meaning of that Code.
* Now the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
9. Indemnity.- No suit, prosecution or other legal proceeding shall be against the Government, any local authority or person for anything which is in good faith done or intended to be done under this Act.
10. Other laws not affected.- The provisions of this Act are in addition to, and not in derogation of, the provisions of any other law for the time being in force.
11. Power to make rules.- (1) The State Government may make rules for the purpose of carrying out the provisions of this Act.
(2) All rules made under this Act shall, as soon as possible after they are made, be placed on the table of both the Houses of the Legislature and shall be subject to such modifications by way of amendment or repeal as the Legislature may make either in the same session or in the next session.