The Himachal Pradesh Open Places (Prevention of Disfigurement) Act, 1985

THE HIMACHAL PRADESH OPEN PLACES (PREVENTION OF 
DISFIGUREMENT) ACT, 1985 
ARRANGEMENT OF SECTIONS 
Sections:  
1. Short title, extent and commencement. 
2. Definitions. 
3. Penalty for unauthorised disfigurement by advertisement. 
4. Burden of proof in certain cases. 
5. Punishment for abettors. 
6. Offences by companies. 
7. Protection of action taken in good faith. 
8. Cognizance of offences. 
9. Other laws not affected. 
10. Power to make rules. 
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THE HIMACHAL PRADESH OPEN PLACES (PREVENTION OF 
DISFIGUREMENT) ACT, 1985 
(ACT NO. 12 OF 1985)1 
 (Received the assent of the President on the 25th October, 1985 and 
was published in Hindi in the Rajpatra, Himachal Pradesh (Extra-ordinary), 
dated 28th November, 1985, pp. 2717-2721 and in English on 4th January, 
1986, pp. 9-13). 
An Act to prevent disfigurement by unauthorised advertisement, of 
places open to public view in the State of Himachal Pradesh, and 
for matters connected therewith or incidental thereto. 
BE it enacted by the Legislative Assembly of Himachal Pradesh in the 
Thirty-sixth Year of the Republic of India, as follows:- 
1. Short title, extent and commencement.- (1) This Act may be 
called the Himachal Pradesh Open Places (Prevention of Disfigurement) Act, 
1985. 
(2) It extends to the whole of Himachal Pradesh. 
(3) It shall come into force in the areas comprised in the Municipal 
Corporation of Shimla, constituted under the Himachal Pradesh Municipal 
Corporation Act, 1979 (Act No. 9 of 1980) at once and shall come into force 
                                                 
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of 
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 
6th July, 1985, pp. 1018 and 1022. 
THE HIMACHAL PRADESH OPEN PLACES (PREVENTION OF 
DISFIGUREMENT) ACT, 1985 
2 
in the remaining part of the State on such date as the State Government may, 
by notification, appoint and different dates may be appointed for different 
areas. 
2. Definitions.-  In this Act, unless the context otherwise requires,- 
(a) “advertisement” means any printed, cyclostyled, typed or 
written notice, document, paper or any other thing containing 
any letter, word, picture, sign or visible representation; 
(b) “places open to public view” include any private place or 
building, monument, statue, post, wall, fence, tree or 
contrivance visible to a person being in, or passing along any 
public place; 
(c) “public place” means any place (including a road, street or 
way, whether a thoroughfare or not and landing place) to 
which the public  are granted access or have a right to resort 
or over which they have a right to pass. 
3. Penalty for unauthorised disfigurement by advertisement.- 
Whoever, by himself or through another person, affixes to or erects, inscribes 
or exhibits on, any place open to public view any advertisement without the 
written permission or the local authority having jurisdiction over such areas, 
shall be punished with imprisonment of either description for a term which 
may extend to three months or with fine which may, extend to one thousand 
rupees, or with both: 
Provided that nothing in this section shall apply to any advertisement 
which- 
(i) is exhibited with the window of any building if the 
advertisement relates to the trade, profession or business 
carried on in that building; or 
(ii) relates to the trade, profession or business carried on within 
the land or building upon or over which such advertisement is 
exhibited or to any sale or letting of such land or building or 
any effects therein  or to any sale,  entertainment or meeting 
to be held on or upon or in the same; or 
(iii) relates to the name of the land or building, upon or over 
which the advertisement is exhibited or to name of the owner 
or occupier of such land or building; or  
(iv)  relates to the business of a railway administration and 
exhibited within any railway station or upon any wall or other 
property of a railway administration. 
4. Burden of proof in certain cases.- Where a person is prosecuted for 
committing an offence under section 3, the burden of proving that he has the 
written permission referred to in that section shall be on him.  
THE HIMACHAL PRADESH OPEN PLACES (PREVENTION OF 
DISFIGUREMENT) ACT, 1985 
3 
5. Punishment for abettors.-  Whoever in any manner whatsoever 
causes, procures, counsels, aids, abets or is accessary to, the commission of 
any offence under section 3 shall on conviction be punished with the 
punishment provided for the offence. 
6. Offences by companies.-  (1) If the person committing any offence 
punishable under this Act is a company, every person who, at the time of the 
commission of the offence was in charge of, and responsible to the company  
for the conduct of the business of the company, as well as the company, shall 
be deemed to be guilty of the offence and shall be liable to be proceeded 
against and punished accordingly: 
Provided that nothing contained in this sub-section shall render any 
such person liable to any punishment provided in this Act if he proves that the 
offence was committed without his knowledge or that he exercised all due 
diligence to prevent the commission of such offence. 
(2) Notwithstanding anything contained in sub-section (1), where an 
offence under this Act has been committed by a company and it is proved that 
the offence has been committed with the consent or connivance of, or is 
attributable to any gross negligence on the part of any director, manager, 
secretary or other officer of the company, such director, manager, secretary or 
other officer shall also be deemed to be guilty of that offence and shall be 
liable to be proceeded against and punished accordingly. 
Explanation,- For the purpose of this section- 
(a) ‘company’ means any body corporate and includes a firm or 
other association of individuals; and  
(b) ‘director’ in relation to be firm means a partner in the firm. 
7. Protection of action taken in good faith.-  No suit, prosecution or 
other legal proceeding shall lie against the State Government, any local 
authority  or person for anything which is in good faith done or intended to be 
done under this Act. 
8. Cognizance of offences.- Notwithstanding anything contained in the 
Code of Criminal Procedure, 1973 any offence punishable under this Act shall 
be deemed to be cognizable offence within the meaning of that Code. 
9. Other laws not affected.-  The provisions of this Act are in addition 
to, and not derogation of the provisions of any other law for the time being in 
force. 
10. Power to make rules.- (1) The State Government may make rules 
for the purpose of carrying out the provisions of this Act. 
(2)  Every rule made by the State Government under this Act shall be 
laid, as soon as may be after it is made, before the State Legislative Assembly, 
while it is in session for a total period of fourteen days which may comprise in 
one session or in two or more successive sessions, and if, before the expiry of 
the session  in which it is so laid or the successive sessions aforesaid, the 
House agrees in making any modification in the rule or House agrees that the 
THE HIMACHAL PRADESH OPEN PLACES (PREVENTION OF 
DISFIGUREMENT) ACT, 1985 
4 
rule should not be made, the rule shall thereafter have effective only in such 
modified form or be of no effect, as the case may be, so however, that any 
such modification  or annulment shall be without prejudice to the validity of 
anything previously done or committed to be done under that rule. 
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