PUNJAB GOVT. GAZ. (EXTRA), JUNE I2. 2017
(JYST 22, 1939 SAKA)
2.
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFEAIRS, PUNJAB
NOTIFICATION
The 12th June, 2017 No.6-Leg./2017.- The followingAct of the Legislature of the State ofPunjab received the assent of the President of India on the 22nd day of September, 2015, is hereby published for general intormation:
THE PUNJAB PREVENTION OF DAMAGE TO PUBLIC AND
PRIVATE PROPERTY ACT, 2014.
(Punjab Act No. 4 of 2017)
AN
ACT
to provide for the prevention of dan1age to public and private property and for the matters connected therewith or incidental thereto.
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BE it enacted by the Legislature of the State of Punjab in the Sixty-fifth year ofthe Republic of India, as follows:
() This Act may be called the Punjab Prevention of Damage to Public Short title and and Private Property Act, 2014.
(2) It shall come into force on and with effect from the date ofits publication in the official Gazette.
In this Act, unless the context otherwise requires,
(a) *competent authority" means an authority, constituted under Section 7by the State Government;
(b) damaging act" includes an act, agitation, strike, hartal, dharna, bandh or demonstration or march or procession or blockade of rail or road traffic by an individual, group ofindividuals, organization, any party whether social, religious or political, by which any damage or loss or destruction is caused to any public or private property;
(c) "organizer" shal include any person or persons or office bearers ofany organization, union or party, who arange, instigate, conspire, commencement.
Definitions.
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18 PUNJAB
GOVT. GAZ. (EXTRA),
JUNE I2, 2017
(JYST 22, 1939 SAKA)
advise or guide for doing any damaging act:
(d)"public property" means any property, whether iminovable or moveable(including any imachinery). which is owned by, or in the
possession of, or under the
controlof
()
()
the Central Government; or any State Government; or
(i) any local authority;or (v)
(iv) any corporationor institution established by, or under a Central or State Act; or
any company as defined in
sub-section (20) of section 2 of the Companies Act, 2013 (Act No. 18 of 2013); or
(vi) any board established by, or under a Central or State Act:
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(vii) any society registered undera Central or State Act; or
(vii) any trust registered undera Central or State Act; or
(ix) any institution, concern or undertaking, which the Central
Government or the State Government nay, by notification in the Ofricial Gazette specify in this behaltf:
Provided that the Central Government or the State Government shall not specify any institution, concernor undertaking under this sub-clause, unless such institution, concern or undertaking is financed wholly or substantially by the funds, provided directly or indirectly by the Central Government or by the State Governent or by one or more State Governments or partly by the Central Government and partiy by one or more State Governments;
(e) "private property" means any property, whether movableor immovable (including any machinery), other than the public property, which is owned by or in the possession of, or under the control of, any person or organization or institution or entity; () i"section' means section of this Act; and
(g) State Government" means the Government of the State ol
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act.
PUNJAB GOVT, GAZ. (EXTRA), JUNE I2,2017
(JYST 22, 1939 SAKA)
Punjab.
(U) Whoever organizes a agitation, strike, hartal. dharna, bandh or deimonstration or march or procession or blockade of' rail or road traffic whether by an individual, group of individuals shall not indulge in any damaging
(2) The State Governnent may videograph such damaging acts.
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Whoever commits any damaging act in respect of any public or private property, shall be punished with imprisonment for a ten, which may extend to one year and shall also be liable to fine, which may extend to one lakh rupees.
Whoever commits any damaging act by fire or explosive substance, shall be punished with imprisonment for a tern, which shall not be less than one.year, but which may extend to two years and shall also be liable to fine, which may extend to three lakhs rupees:
Provided that the court may, for special reasons, to be recorded in writing in the judgment, awarda sentence of imprisonment for a term of less than one year.
competent authority.
(2) While determining the loss or damage, the competent authority, shall make assessment of damage, caused to the public or private property,and cause to recover the same from the organizer and the participants ofthe damaging act, found guilty, as arrears of land revenue. Prohibition of
doing damageing
act.
(1) Whoever is found guilty of doing any damaging act, shall, in addition to Recovery of the sentence imposed, be also liable to make payment ofan amount, equivalent damage or loss.
to the loss, caused to the public or private property, as determined by the
(2) The competent authority shall make assessment ofthe loss or damage,
caused by a damaging act, in such manner, as may be determined by it.
(3) Any person aggrieved by the assessment of loss or damage made
under sub-section (2), may, within a period of thirty days from the date on
which the order of assessment is communicated to him, prefer an appeal to
Penalty for
causing damage.
Penalty for
causing damage by
fire or explosive
substance.
U) The State Government shall, by notification in the Official Gazette, Constitutionof
constitute an authority, to be known as the competent authority for the competent
authority.
purposes of this Act.
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Onences to be non-bailable. ONences to be cognizable. evidence.
2)
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this Ac are not in derogation of any other law.
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PUNJAB GOVI. GAZ.
(EXTRA). JUNE 12,
2017
(JYST 22, 1939
SAKA)
the State Governnent. () The oflences committed under this Act, shall be non-bailable
(2) No person, accused of an offence. punishable under this Act, shall,if he is in custody, be
released on bail on furnishing his bail bond, unless the prosecution has been given opportunity to oppose the bail application of such
release.
(I) The offences committed under this Act, shall be cognizable. The Police
Oficer, not below the rank ofHead Constable, shall be competent to arrest
the organizer or the participant, found to be involved in the commissionof
offences under this Act.
Special provision 10. Notwithstanding anything contained in any other law for the time beingin regarding
(2) No court inferior to the court ofChiefJudicial Magistrate shall try any offence committed under this Act. force, the videographic version of the damaging act recorded on the spot,
shall be considered as sufficient evidence of the offence committed andthe
damage caused to the public or private property. The provisions of 11. The provisions ofthis Act shall be, in addition to, and not in derogation of the
provisionsof any other law, for the time being in force, and nothing g contained in this Act, shall exempt any person from any proceedings (whether by way of investigation or otherwise), which might apart from this Act, be instituted or taken against him.
VIVEK PURI,
Secretary to Government of Punjab, Depart1ment of Legal and Legislative Affairs. 1267/06-2017/Pb. Govt. Press, S.A.S. Nagar
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