The Haryana Prevention of Defacement of Property Act, 1989 (11 of 1990).

139
THE  HARYANA  PREVENTION  OF  DEFACEMENT  OF
PROPERTY ACT, 1989
(HARYANA  ACT  NO. 11 OF 1990)
Table of Contents
Sections:
1. Short title, extent and Commencement.
2. Definitions.
3. Places earmarked for display of advertisement or writing.
3-A. Penalty for defacement of property.
4. Offences to be cognizable and compoundable.
5. Power of Government to remove defacement.
5-A. Protection of action taken is good faith.
6. Act to override other laws.
6-A. Power of Government to make rules.
1990 : Hr. Act 11] PREVENTION OF DEFACEMENT
OF PROPERTY
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141
1THE HARYANA PREVENTION OF DEFACEMENT OF
PROPERTY ACT, 1989
(HARYANA ACT NO. 11 OF 1990)
(Received the assent of the President of India on the 21st April, 1990 and
was first published in the Haryana Government Gazette (Extraordinary), Legislative
Supplement Part 1 of the 18th May, 1990.)
12 3 4
Year No. Short title Whether repealed or otherwise
affected by Legislation
1990 11 The Haryana Prevention Amended by Haryana Act 10
of Defacement of of 1996 2
Property Act, 1989.
AN
ACT
to provide for the prevention of defacement of property.
Be it enacted by the Legislature of the State of Haryana in the Fortieth Year
of the Republic of India as follows:-
1. (1) This Act may be called the Haryana Prevention of Defacement of
Property Act, 1989.
(2) It extends to the whole of the State of Haryana.
(3) This Act shall come into force in such areas and on such dates as
the State Government may, by notification, specify and different dates may be
specified for different areas.
2. 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;
3[(a-i) “Government” means Government of the State of Haryana;
(a-ii) “local authority” means a Municipal Corporation, Municipal
Council, Municipal Committee, Town Improvement Trust, Haryana
Urban Development Authority or other authority legally entitled
1990 : Hr. Act 11] PREVENTION OF DEFACEMENT
OF PROPERTY
Short title, extent
and
commencement.
1 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary),
dated the 5th September, 1989, Page 1701.
2 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary)
dated the 29th February, 1996, Page 490.
3. Inserted by Haryana Act 10 of 1996.
Definitions.
142
to, or entrusted by the Government with, the control or
management of municipal or local fund;
(a-iii) “prescribed” means prescribed by rules made under this Act;]
(b) “ property” includes any building, hut, structure, wall, tree, fence,
post, pole or any other erection; and
(c) “writing” includes decoration, lettering, ornamentation, produced
by stencil.
1[3. All advertisements and writings shall be made only at places earmarked
by the Block Development and Panchayats Officer or Social Education and
Panchayats Officer in rural areas and Executive Officer or Secretary of the
Municipality or any other agency notified by the Government, as the case may be,
in urban areas, on the payment of fee to be levied by the above authorities at such
rates as may be prescribed.
    3A  (1) Whoever defaces any property in public view except any board
or wall provided for advertisement and publicity, 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 ten thousand rupees or with both:
Provided that sign boards fixed by any person, individual or institution
on their own property or property occupied by them at their cost, shall be exempted
from the provisions of sub-section (1):
Provided further that the owners or managers of the organizations
making defacement of the properties for their business activities, shall be responsible
for removing such defacement and the burden of proving their innocence for such
defacement, shall rest on them.
(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, or a political party or its candidates, 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.]
2[4.  (1) Any offences punishable under this Act shall be cognizable and
compoundable.
(2) All offences under this Act shall be compoundable by the
authorities mentioned in section 3 on payment of such composition fee which shall
Places
earmarked for
display of
advertisement
or writing.
Penalty for
defacement of
property.
Offences to be
cognizable and
compoundable.
1 Substituted by Haryana Act 10 of 1996.
2 Substituted by Haryana Act 10 of 1996.
[1990 : Hr. Act 11PREVENTION OF DEFACEMENT
OF PROPERTY
143
not be less than two hundred and fifty rupees or the amount equal to expenses
incurred for removing or erasing the defacement.
(3) On composition a person shall stand discharged or acquitted, as
the case may be, and if he is in custody he shall be released forthwith.
(4) Sums paid by way of composition under this section shall be
credited to local authority fund.]
1[5.  (1) Without prejudice to the provisions of section 3A, it shall be
competent for the Government to take such steps as may be necessary for erasing
any writing, freeing any defacement or removing any mark from any property. The
Government shall have the power to conduct or cause to conduct, through the
District Magistrate concerned, spot inspections with regard to defacement of
property. If on such inspections it is found that specific permission of the owner or
occupier of the property has not been obtained, action for removal of defacement
shall be taken forthwith at the expense of the person or persons found guilty. In
case the erasing is done by the Government, before doing so, a notice of two
weeks shall be given to owner or occupier of the property to erase or remove the
defacement. The expenses of removing or erasing the defacement, shall be borne
by the owner or occupier found guilty.
(2) Any amount due under this Act, on an application made in this
behalf by the authorities mentioned in section 3, to the Collector, shall be recovered
as arrears of land revenue.
5A. No suit, prosecution or other legal proceedings shall lie against any
local authority or person for anything which is in good faith or in public interest
done or intended to be done under this Act.]
6. The provisions of this Act shall have effect notwithstanding anything to
the contrary contained in any other law for time being in force.
2[6A. The Government may, by notification in the Official Gazette, make
rules for carrying out the purposes of this Act.]
Power of
Government to
remove
defacement.
Protection of
action taken in
good faith.
Act to override
other laws.
Power of
Government to
make rules.
1 Substituted by Haryana Act 10 of 1996.
2 Inserted by Haryana Act 10 of 1996.
1990 : Hr. Act 11] PREVENTION OF DEFACEMENT
OF PROPERTY
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