Tamil Nadu Open Places (Prevention of Disfigurement) Amendment Act, 1992*
| [Tamil Nadu Act No. 55 of 1992] | [14th October, 1992] |
An Act further to amend the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-third Year of the Republic of India as follows:-
* Received the assent of the Governor on the 14th October, 1992 and published in the Tamil Nadu Government Gazette, Extraordinary.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Open Places (Prevention of Disfigurement) Amendment Act, 1992.
(2)(a) It shall be deemed to have come into force on the 16th June, 1992 in the City of Madras.
(b) It shall come into force in any other municipal corporation or in any municipality, on such date as the State Government may, by notification, appoint and different dates may be appointed for different municipal corporations and municipalities.
2. Amendment of long title.- In the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 (Tamil Nadu Act 2 of 1959) (hereinafter referred to as the principal Act), in the long title, after the expression "disfigurement by objectionable or unauthorized advertisements of places; open to public view" the expression "and to prevent pasting of posters in such places" shall be inserted.
3. Amendment of preamble.- In the preamble to the principal Act, after the expression "disfigurement by objectionable or unauthorised advertisements of places; open to public view", the expression "and to prevent pasting of posters in such places" shall be inserted.
4. Amendment of section 3.- In section 3 of the principal Act, for the expression "one thousand rupees", the expression "five thousand rupees" shall be substituted.
5. Amendment of section 3-A.- In section 3-A of the principal Act, in sub-section (1),-
(1) for the expression "Without prejudice to the provisions of section 4", the expression, "Subject to the provisions of section 4-A and without prejudice to the provisions of section 4" shall be substituted;.
(2) for the expression "one thousand rupees", the expression "five thousand rupees" shall be substituted.
6. Amendment of section 4.- In sub-section (1) of section 4 of the principal Act for the expression Whoever affixes; to "the expression" Subject to the provisions of section 4-A, whoever affixes to shall be substituted.
7. Insertion of new sections 4-A, 4-B and 4-C.- After section 4 of the principal Act, the following sections shall be inserted, namely:-
"4-A. Prohibition of, pasting of posters and fixing of thatty boards, etc.- (1) Notwithstanding anything contained in sections 3, 3-A or 4 or any other provision of this Act, or any law for the time being in force, no person shall, in any local area,-
(a) affix to, or inscribe or exhibit on, any place open to public view, any poster or any effigy, or any bill, notice, document, paper or other thing containing any words, signs or Visible representations; or
(b) put up or fix any thatty board or board supported on, or attached to, any post, pole, standard, framework or other support wholly or in part upon or over any land, building, wall or structure:
Provided that nothing contained if clause (a) shall apply to-
(i) any poster or advertisement relating to the profession trade or business carried on within the land or building, upon or over which such poster or advertisement is affixed or inscribed or exhibited; as the case may be; or
(ii) any poster or advertisement affixed or inscribed or exhibited, as the case may be on such place as may be specified by order by the Commissioner of Police in the City of Madras, Madurai and Coimbatore and the Collector of the district concerned other local areas subject to such condition as may be specified in, such order; or
(iii) any poster or advertisement affixed or inscribed or exhibited, as the case may be, relating to any sale or letting of such land or building or any effects therein or to any sale or entertainment to be held-upon or in the same:
Provided further that nothing contained in clause (b) shall apply to putting up or fixing any board on any lamp post or tree, belonging to the State Government or any local authority, in accordance with such-rules as may be prescribed in behalf.
Notwithstanding anything contained in sub-section (1), the Commissioner of Police in the City of Madras Madurai and Coimbatore and the ??? of the district ??? in other local areas may grant, permission, to any person on any special occasion, to put up or fix any thatty board on ??? or standards in such places, subject to such conditions and for such ??? as may be speeded in such permission.
Provided that the Commissioner of Police or the Collector of the district ??? as the case may be, may refuse to grant permission if he considers that such display of thatty boards may lead to traffic hazards.
(3) Any person aggrieved by any decision of the Commissioner of Police or as the case may be, the Collector of the district in refusing to errant ??? under sub-section (2) may appeal to the State Government and the decision of the State Government, on such appeal, shall be final.
Explanation.-For the purpose, of this section, "local area" means the area within the limits of-
(i) the City of Madras as defined in the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), or
(ii) the City of Madurai as defined in the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), or
(iii) the City of Coimbatore as defined in the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), or
(iv) any other Municipal Corporation that may be constituted under any law for the time being in force, or
(v) any municipality constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920).
Explanation II.-For the purpose of this, section, "local authority" ??? the Municipal Corporation of Madras Madurai or Coimbatore or any other Municipal corporation that may be constituted under any law for the time being in force or any municipality constituted under the, Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1926).
4-B. Penalty.-Whoever contravenes) the provisions of section 4-A shall be punished with imprisonment of either description, for, a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.
4-C. Power to try offence summarily.-Any offence punishable under section 4-B may be tried in a summary way and the provisions of sections 262 to 265 (both inclusive) of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974): shall, as far as may be, apply to such trial."
8. Amendment of section 5.- In section 5 of the principal Act, after the expression "section 4(1)", the expression "or section 4-A" shall be inserted.
9. Amendment of section 6.- In section 6 of the principal Act after the expression "or section 4(1)", the expression "or section 4-A(1)(b)" shall be inserted.
10. Repeal and saving.- (1) The Tamil Nadu Open Places (Prevention of Disfigurement) Amendment Ordinance, (Tamil Nadu Act 7 of 1992) 1992 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.