(1) This Ordinance may be called the Jammu and Kashmir Public Property (Prevention of Damage) Ordinance, 2017.

(2) It shall come into force at once.

In long title of the Jammu and Kashmir Public Property (Prevention of Damage) Act, 1985 (hereinafter referred to as the principal Act ), for the word public , the words private and public , shall be substituted.

In Section 1 of the principal Act , in sub-section (1) for the word public , the words private and public , shall be substituted.

For Section 2 of the principal Act , the following section shall be substituted, namely

(2) Definitions. In this Act, unless the context otherwise requires,

(a) declared direct action means to announce direct action firmly, clearly or publically;

(b) direct action means the use of strikes, demonstration or other public forms of protests rather than negotiation to achieve a demand;

(c) mischief shall have the same meaning as assigned to it in Section 425 of the State Ranbir Penal Code, Samvat 1989;

(d) private property means the property, whether immovable or movable (including any machinery or livestock) which is owned by, or is in the possession of, or under the control of a private person, body or institution but does not include public property as defined in clause (e);

(e) public property means any property, whether immovable or moveable (including any machinery) which is owned by, or is in the possession of, or under the control of

(i) the Central Government; or

(ii) any State Government; or

(iii) any local authority; or

(iv) any corporation established by, or under a Central or a State Act; or

(v) any Company as defined in Section 617 of the Company Act, 1956; or

(vi) any institution, concern or undertaking which the Government may by notification in the Government Gazette, specify in this behalf:

Provided that the Government shall not specify any institution, concern or undertaking under this sub-clause unless such institution, concern or undertaking is financed wholly or substantially by funds provided directly or indirectly by the State Government or by the Central Government and/or partly by one or more State Governments. .

After Section 4 of the principal Act , following sections shall be inserted, namely

4-A. Mischief causing damage to private and public property due to direct action. (1) Whoever commits mischief in respect of any private property and public property due to direct action, whether declared or not shall be punished with imprisonment which shall not be less than two year, but which may extend to five years and with fine equivalent to the market value of the property damaged or destroyed and in case of default in payment of fine, the imprisonment for a further period of six months.

(2) Whosoever commits mischief under sub-section (1) by fire or explosive substance shall be punished with rigorous imprisonment for a term which shall not be less than two years but which may extend to ten years and with equivalent to the market value of the property damaged or destroyed and in case of default in payment of fine, he shall be liable to undergo imprisonment for a further period of six months:

Provided that the court may for special reasons to be a recorded in its judgment award a sentence of imprisonment for a term of less than two years.

4-B. Abetment of offence under Section 4-A. (1) Whosoever calls for a direct action, whether he participates in such direct action directly or indirectly which results in damage to private or public property, shall be deemed to be guilty of abetment of the offence under the Act:

Provided that no person shall be guilty of an offence under the Act, if he proves that

(i) he was in no way connected with the action called by his political party or organization as the case may be; or

(ii) he has taken all reasonable measures to prevent causing damage to private or public property in the direct action called by his organisation.

(2) Whoever is guilty of abetment of an offence under sub-section (1) shall be punished with imprisonment which shall not be loss than one year but which may extend to three years and with fine equivalent to the market value of the property damaged or destroyed and in case of default in payment of fine, he shall be liable to go imprisonment for a further period of one year.

4-C. Presumption as to causing damage to private and public property or abetting thereof. When the question is whether a person has caused damage to public or private property and has committed offence under Section 4-A and 4-B of this Act, the court may presume having regard to all the other circumstances of the case, that such offence has been committed or abetted, as the case may be, by such person.

4-D. Evidence through videography. (1) If the officer in charge of a police station or other law enforcing agency is of opinion that any direct action, either declared or undeclared has the potential of causing destruction or damage to public property, he shall avail himself of the services of video operators.

(2) The police officer who has the responsibility to act on the information that a direct action is imminent and if he has reason to apprehend that such direct action has the potential of causing destruction of private or public property, he shall immediately avail himself of the services of the videographer to accompany him or any other police officer deputed by him to the site or any other place wherefrom video shooting can conveniently be arranged concentrating on the person/persons indulging in any acts of violence or other acts causing destruction or damage to any private property and public property.

(3) No sooner than the direct action subsides, the police officer concerned shall produce the original tapes or CDs or other material capable of displaying the recorded evidence before the concerned Magistrate, who shall entrust such material to the custody of the police officer in charge of the concerned police station for production of the same before the court at the appropriate stage or as and when called for.

(4) The evidence collected through videography shall be an evidence within the meaning of Section 3 of the Evidence Act, Samvat 1977. .

For Section 5 of the principal Act , the following shall be substituted, namely

5. Special provisions regarding bail. Notwithstanding anything contained in Code of Criminal Procedure, Samvat 1989, no person accused or convicted of an offence punishable under this Act shall, if in custody, be released on bail on or his own bond unless the prosecution has been given an opportunity to oppose the application for such release. For the purposes of bail under this Act, proviso to Section 497-B of the Code of Criminal Procedure, Samvat 1989 shall not apply. .

After Section 6 of the principal Act , the following section shall be inserted, namely

6-A. Power to make rules. (1) The Government may, by a notification in the Government Gazette make rules for the purposes of assessing claims, appointment of an Assessor and for award of compensation with regard to private property and public property damaged or destructed due to direct action whether declared or not. .