Tamil Nadu Open Places (Prevention of Disfigurement) Amendment Act, 1994*
| [Tamil Nadu Act No. 8 of 1994] | [3rd March, 1994] |
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-fourth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 3rd March, 1994 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, 1994.
(2) It shall come into force at once.
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, for the expression "open to public view and to prevent pasting of posters in such places", the expression "open to public view and to prevent pasting of posters in such places and on Motor Vehicles" shall be substituted.
3. Amendment of preamble.- In the preamble to the principal Act, for the expression "open to public view and to prevent pasting of posters in such places", the expression "open to public view and to prevent pasting of posters in such places and on Motor Vehicles" shall be substituted.
4. Amendment of section 2.- In section 2 of the principal Act,-
(1) after clause (a), the following clause shall be Inserted, namely:-
"(aa) "motor vehicle" means a motor vehicle as defined in clause (28) of section 2 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) and used for road transport service by any State Transport Undertaking;";
(2) after clause (d), the following clause shall be inserted, namely:-
"(dd) "State Transport Undertaking" means a State Transport Undertaking as defined in clause (42) of section 2 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988);".
5. Insertion of new section 4-AA.- After section 4-A of the principal Act, the following section shall be inserted, namely:-
"4-AA. Prohibition of pasting of posters and fixing of thatty boards, ??? on Motor Vehicles.-(1) Notwithstanding anything contained in sections 3, 3-A. 4 or 4-A or any other provision of this Act, or any law for the time being in force, no person shall-
(a) affix to, or inscribe or exhibit on, any motor vehicle, 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 any part upon or over any motor vehicle:
Provided that nothing contained in this sub-section shall apply to any poster or advertisement or thatty board if the State, Government, on any motor vehicle.
(2) Notwithstanding anything contained in sub-section (1), any officer authorised by the Chairman of the State Transport Undertaking concerned, may gram Demission to any person to put up or fix any thatty board on any motor vehicle, subject to such conditions and for such period as may be specified in such ???:
Provided that the officer so authorised may refuse to grant permission, if he considers that such display of thatty boards may lead to disfigurement or damage or deteriorate the effective use of the motor vehicle.
(3) Any person aggrieved by any decision of the officer referred to in sub-section (2) in refusing to grant permission, may appeal to the State Government and the decision of the State Government, on such appeal, shall be final.
(4) Whoever contravenes the provisions of sub-section (1) 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.
(5) Any offence punishable under sub-section (4) 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."
6. Amendment of section 5.- In section 5 of the principal Act, after the expression "section 4-A", the expression "or section 4-AA" shall be inserted.
7. Amendment of section 6.- In section 6 of the principal Act, after the expression "section 4-A(1)(b)" the expression "or section 4-AA(1)(b)" shall be inserted.