Prevention of Defacement of Property Act, 2007
(As passed by the Legislative Assembly of the National Capital Territory of Delhi on 31st March, 2008)
Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Fifty-ninth year of the Republic of India as follows
statement of objects and reasons
It is proposed to bring legislation to provide for the prevention of defacement of property which has become a growing menace in the NCT of Delhi. The provisions of the West Bengal Prevention of Defacement of Property Act, 1976, as extended to NCT of Delhi w.e.f. 28-9-1983 do not provide an effective deterrent. It is accordingly proposed to bring a fresh legislation titled The Delhi Prevention of Defacement of Property Bill, 2007 with more stringent penalty, and also with powers for composition of offences.
Hence, this Bill.
Section 1. Short title, extent and commencement
(1) This Act may be called the Delhi Prevention of Defacement of Property Act, 2007.
(2) It extends to the whole of the National Capital Territory of Delhi.
(3) It shall come into force on such date2 as the Lieutenant Governor of the National Capital Territory of Delhi may, by notification in the Official Gazette, appoint.
Section 2. Definitions
In this Act, unless the context otherwise requires,
(a) defacement includes impairing or interfering with the appearance or beauty, damaging, disfiguring, spoiling or injuring in any other way whatsoever and the word deface shall be construed accordingly;
(b) Lieutenant Governor means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under Article 239 and designated as such under Article 239-AA of the Constitution;
(c) property includes any building, hut, structure, wall, tree, fence, post, pole or any other erection;
(d) writing includes printing, painting, decoration, lettering, ornamentation etc., produced by stencil.
Section 3. Penalty for defacement of property
(1) Whoever defaces any 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 property, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to fifty thousand rupees, or with both.
(2) When any offence is 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 persons connected with the management thereof, as the case may be, shall, unless he proves the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.
(3) The aforesaid penalties will be without prejudice to the provisions of Section 425 and Section 434 of the Indian Penal Code, 1860 (45 of 1860) and the provisions of relevant Municipal Acts.
Section 4. Composition of offences
(1) Any offence of defacement whether committed before or after the commencement of this Act punishable under Section 3, may either before or after the institution of the prosecution, be compounded by such officers or authorities and for such amount as the Government may, by notification in the Official Gazette, specify in this behalf.
(2) Where an offence has been compounded under sub section (1), the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence.
Section 5. Offence to be cognizable
An offence punishable under this act shall be cognizable.
Section 6. Power of the Lieutenant Governor to erase writing, etc
Without prejudice to the provisions of Section 3, it shall be competent for the Lieutenant Governor to take such steps as may be necessary for erasing any writing, freeing any defacement or removing any mark from any property.
Section 7. Act to override other Laws
The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other laws for the time being in force:
Provided that the provisions of this Act shall not be applicable to advertisements displayed at duly authorised public spaces for advertising by appropriate authorities.
Section 8. Repeal and Savings
On the day on which the Delhi Prevention of Defacement of Property Act, 2007 comes into force, the West Bengal Prevention of Defacement of Property Act, 1976 (Bengal Act No. 21 of 1976) as extended to the National Capital Territory of Delhi shall cease to have effect except in case of things done or omitted to be done before the commencement of this Act.
1. Received the assent of the President on January 17, 2009 and published in the Delhi Gazette on 29th January, 2009.
2. Department of Urban Development, Noti. No. F.No. 18(A)/43/2000/UD/Pt.F.-1/3371, dt. 24-2-2009. In exercise of the powers conferred by sub-section (3) of Section 1 of the Delhi Prevention of Defacement of Property Act, 2007 (Delhi Act 1 of 2009), the Lt Governor of the National Capital Territory of Delhi is pleased to appoint the 1st day of March, 2009 as the date on which the said Act shall come into force.