EXTRAORDINARY",' i
1
lr I[I'UBIJSI-IED BY AUTHORlll'Y I"~"---'-"- -"~"-'-'~::~;:~~h:~:":::-;:;~;;':--'------;~:S1'f.~
I .
~ ~~ ..•"-,,~~•.••,,..~,..\,,":r-,,''''''''.'~''~·'O''~.'''~~"~"'~"""'"''~~'~'''Ul.C'':'J."",.•,,,..•n:••..••''..,.,,~••'''~_'''''''''''''''~_""""""""""''''''''''''_''.''_· __'''''''''''''''''''''_~''"''''''''''''''"'''~u'''~''''''''n'''''''-""""",,,,~''-''r ••,~,...••..~ •.•""'""'••_~.>MO"" ••.•••...
"\'i
I::
'." ~ ~. No VLD/1988. ,, , GOVERNlvIENT (OF SIKJ(IM
LAW DEPARTMENT
GAl\.TGTOK. 'NOTIFICATION Dated the 1st March, 1938. ,The fol owing Act of the Sikkim Legislative Assembly having received the assent of theGovernor 0.: the 27tb clay of February, 1988, is hereby published for general inforrnatioru-> Sl.or: title, ex-
tent and "COIII-
[ .mencenient, ,.
Definitions. 2.
Pcnnltv [or {k-:.. J,
./ircc'lJIi'rl; 0/
properly.
THE SlKKHvl PREVENTION OF DEFACEIVlEI"fT OF
PROPERTY ACT, 1988.
( ACT NO. 3 OF 1988 )
AN
ACT
to provide for the prevention of defacement of property and matters connected therewith and incidental ~thereto. BE it enacted by the Legislative Assem bly of Sikkirnin the Thirty-ninth Year of the Republic of India as follows;-
(I) This Act may be called the Sikkim Prevention of Defacement of Property Act, 199B.
(2) It extends to the whole of theState of Sikkim.
(3) It shall be deemed to have come into force on the ·15th clay of December, 1987. .
In this Act, unless the context otherwise requires.> ··
(a) 'defacement' includes impairing 'Sf interfering with the appearances or beauty, damagipg, disfiguring, spoiling or injuring in any other way whatsoever and the word" deface" be construed ac~ordingly;
(b) 'property' includes any building, hut, wall, tree, fence, pole or any other erection;
(c) 'writing' includes decoration, lettering, ornamentation ctc., produced by stencil.
(1) Whoever defaces any properly 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 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 .
. ',',.. "
, ", ~::.. ':;'''"' ,'~' ;, ,;" ~•..:',--,~"..•......•.•"." 1f'''';;:- ' ' "
1
r, ,/ (~(fi!l1ces to be 4. cognizable.
Power of State 5. Government to erase writing ete.
Aet 80 override 6. other laws.
ltepeal and 7. ;.ta vtng,
•p .
2
(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 per- son 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.
Any offence punishable under this Act shall be a cog- nizable offence.
Without prejudice tothe provisions of section 3, it shall be competent for the State Government to take such steps as may be necessary for erasing any writing, freeing any ...defacement or removing any mark from any property. The provision of this Act shall have effect notwithstanding anything to the contrary contained in other law for the time being in force.
(1) The Sikkim Prevention of Defacement of Property Ordinance, 1987, is hereby repealed. 3 of 19S7. .
. (2) Notwithstanding such repeal, anything clone or any action taken inthe exercise of the powers 'conferred by or under this Ordinance, shall be deemed to have been done or taken in exercise of the powers con- ferred by or 1.I11der this Act, as if this Act was in force on the day on which such thing was done or such action was taken.
B.R. PRADHAN,
Secretary to the Govt. of Sikkim, Law Department.
'.I' [P. No. 16(233)/LD/1987] -----._-_. __ ._-----
r;RINTED A'f' THE SlKKIM GOVEHNMFNT PRESS, GANGT'CK •
2