Where it is expedient in the public interest to provide for the prevention or defacement of property and matters connected therewith or incidental thereto.
It is hereby enacted in the Twenty-seventh Year of the Republic of India, by the Legislature of Tripura, as follows
This Act may be called the Tripura Prevention of Defacement and of Property Act, 1976.
(2) It extends to the whole of Tripura.
(3) 2[* * *]
3[ In this Act unless the context otherwise requires
(a) Beautification includes the qualities that arouse aesthetic pleasure or make a thing good looking and also Includes painting, writing, hoarding and construction work having educational and cultural value excluding and political messages,
(b) Private property includes any lands, road, building, hut structure, wall, tree, fence, post, pole or any other erection, owned or hired by any private individual solely or Jointly, private bodies, organisations, companies, officers or institutions,
(c) Public property includes any land, road, building, hut structure wall, tree, fence, post, pole or any other erection, owned or hired by the Government, Government Undertakings or Autonomous bodies,
(d) Sub-Divisional Officer means Sub-Divisional Officer of a Revenue Sub-Division under District Administration.]
(1) Whoever defaces any 4[public] property in 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 5[public] property, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
6[Provided that
(i) the work done by any Government Department or owner or occupier of the public property as a part of beautification or for advertisement or 10 welcome dignitaries will not be construed as defacement;
(ii) putting flags over small pieces of bamboo, hanging of festoons and flags by the side of public road as a part of publicity or propaganda during election or for organising conference, seminars, meetings etc. by political parties or private organisations, shall not be construed as defacement if such Act(s) do not create any public annoyance or obstruction;
(iii) for raising any temporary gate or hanging of festoons or flags on or across the public road prior permission from the concerned Sub-Divisional Officer shall be obtained subject to the condition that raising of such structure does not create any public annoyance or obstruction;
(iv) the concerned Government Department or owner or occupier of the public property or candidate or private organisation or political party shall ensure removal, demolition or erasing of any or all the Acts stated in the preceding provisos at its own cost within 7(seven) days of completion of the conference, meeting, seminar, election as the case may be.]
7[(1-A) Whoever defaces any private property in public view by writing or marking with ink, chalk, paint or any other materials without obtaining prior written permission from the owner or occupier of such private property, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to Rs 1000 or with both.]
(2) Where any offence committed under sub-section (1) is for the benefit of some other person or a company or other body corporate or an association of persons (whether incorporated or not), then, such other person and every president, chairman, director, partner, manager, secretary, agent or any other officer or person concerned with the management thereof, as the case may be, shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.
An offence punishable under this Act shall be cognizable.
8[ Sub-Divisional Officer of the respective Sub-Division or any other officer authorised by the State Government shall be competent to take such steps as may be necessary for erasing any writing freeing any defacement or removing any mark from any property or to demolish or remove temporary gates, structure, poles, flags festoons at the cost of the concerned person, party or organisation.]
The provisions of this Act shall have effect notwithstanding any thing to the contrary contained in any other law for the time being in force.
9[ The State Government may, if necessary make rules by notifications published in the Tripura Gazette, for carrying out the purposes of the Act.]
1. Received the assent of the President on the 25th October, 1976 and is hereby Gazette published in Tripura Legislative Assembly.
2. Deleted by Act 2 of 2007, S. 2, dt. 3-2-2007.
3. Subs. by Act 2 of 2007, S. 3, dt. 3-2-2007.
4. Ins. by Act 2 of 2007, S. 4(a), dt. 3-2-2007.
5. Ins. by Act 2 of 2007, S. 4(a), dt. 3-2-2007.
6. Ins. by Act 2 of 2007, S. 4(b), dt. 3-2-2007.
7. Ins. by Act 2 of 2007, S. 4(c), dt. 3-2-2007.
8. Subs. by Act 2 of 2007, S. 5, dt. 3-2-2007.
9. Ins. by Act 2 of 2007, S. 6, dt. 3-2-2007.