The KARNATAKA OPEN PLACES (PREVENTION OF DISFIGUREMENT) ACT, 1981

THE KARNATAKA OPEN PLACES (PREVENTION OF  
DISFIGUREMENT) ACT, 1981 
ARRANGEMENT OF SECTIONS 
Statement of Object and Reasons 
Sections : 
 1. Short title 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. Indemnity. 
 8. Cognizance of offences. 
 9. Other laws not affected. 
 10. Power to make rules.  
 11. Repeal and Savings. 
  Summary of Amendments 
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STATEMENTS OF OBJECTS AND REASONS 
I 
 Act  35 of 1982.-  Public and private buildings and other open places disfigured by 
slogans written and posters pasted indiscriminately on their walls are a common 
spectacle in the cities and towns of the State.  Indulgence in these activities apart from 
spoiling the beauty of the buildings and other space obliges the owners to incur 
avoidable expenditure to undo the mischief.  As these activities have been on the 
increase it has become necessary to prevent them immediately. 
 The  existing provisions under the Karnataka Police Act, 1963 and the municipal laws 
are not found to be sufficient to check this menace effectively.  In these circumstances it 
is intended to have a separate stringent law which provides inter alia for deterrent 
punishment and for making the offences cognizable. 
 Hence this Bill. 
 (Published in the Karnataka Gazette (Extraordinary) Part IV-2A  No.  477 dated 24-6-
1981  at page 5.)  
II 
 Amending Act 15 of 1984.-   The assent of the President to the Karnataka Open 
Places (Prevention of Disfigurement) Bill, 1981 was given subject  to condition that the 
ancient and historical monuments declared to  be of national importance will be excluded 
from the purview of the said Bill through subsequent legislation. 
  It is proposed to achieve the said objective by amending the proviso to section 3 
of Act 35 of 1982. 
 Hence this Bill. 
 (Obtained from  L.A. Bill No. 379/1983 ) 
 2
 
KARNATAKA ACT No.  35 OF 1982. 
(First published in the Karnataka Gazette Extraordinary on the Eighteenth 
day of September, 1982). 
THE KARNATAKA OPEN PLACES (PREVENTION OF DISFIGUREMENT) ACT, 1981 
(Received the assent of the President on the Twenty-eighth day of August, 1982) 
(As Amended by Karnataka Act 15 of 1984) 
 An Act to prevent disfigurement, by unauthorised advertisements of places open to 
public view in the State of Karnataka. 
 W HEREAS it is expedient to prevent disfigurement, by unauthorised advertisements of 
places open to public view in the State of Karnataka. 
 B E it enacted by the Karnataka State Legislature in the Thirty-second year of the 
Republic of India as follows:- 
 1. Short title and commencement. - (1) This Act may be called the Karnataka 
Open Places (Prevention of Disfigurement) Act, 1981. 
 (2) It shall,- 
  (i) be deemed to have come into force in the cities of Bangalore, Mysore, Hubli-
Dharwar, Mangalore and Belgaum constituted or continued under the Karnataka 
Municipal Corporations Act, 1976 or under any other law, on the fifth day of May 1981; 
and  
  (ii) come into force in the municipalities, notified areas, sanitary boards, 
constituted or continued under the Karnataka Municipalities Act, 1964 or under any other 
law, or in any other local area, on such date, as the State Government may by 
notification, appoint and different dates may be appointed in respect of 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) “place open to public view” includes 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 a 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 pubic view any advertisement without the written permission of the local 
authority having jurisdiction over such ar ea, shall be punished with imprisonment of 
either description for a term which may extend to six 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 within the window of any building if the advertisement relates to the 
trade, profession or  business carried on in that building; or 
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 (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 bu ilding, 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 is exhibited within any 
railway station or upon any wall or other property of a railway administration. 
   1[(v) is affixed to or exhibited on any ancient and historical monument declared to be 
of national importance under the Ancient  Monuments and Archaeological Sites and 
Remains Act, 1958 ( Central Act XXIV of 1958).]1 
  1. Inserted by Act 15 of 1984 w.e.f. 18.9.1982  
 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. 
 5. Punishment for abettors .-  Whoever in any manner whatsoever causes, 
procures, counsels, aids, abets or is accesso ry to, the commission to 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 when the offence was 
committed, 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, he 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 a firm, means a partner in the firm. 
 7. Indemnity.-  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 (Central Act 2 of 1974) any offence punishable under this Act 
shall be deemed to be a cognizable offence within the meaning of that code. 
 4
 9. Other laws not affected.-   The provisions of this Act are in addition to, and not in 
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 Governm ent under this Act shall be laid, as soon as 
may be  after it is made, before each House of the State Legislature, while it is in 
session for a total period of thirty days which may be comprised in one session or in two 
or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in 
making any modification in the rule or both Houses agree that the rule should not be 
made, the rule shall thereafter have effect 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 under that rule. 
11. Repeal and savings.- (1) The Karnataka Open Places (Prevention of 
Disfigurement) Ordinance, 1981 ( Karnataka Ordinance 10 of 1981) is hereby repealed. 
  (2) Notwithstanding such repeal anything done or any action taken under the said 
Ordinance shall be deemed to have been done or taken under this Act. 
 
The Karnataka Open Places(Prevention of Disfigurement)Act, 1981 has been 
amended by the following Acts, namely:- 
Amendments (chronological)  
Sl.No. No. of the Act and year Sections amended Remarks 
1. 35 of 1982 - 5.5.1981 
2. 15 of 1984 3 18.9.1982 
 
Amendments (Section-wise)  
Sections Act No. and year 
 
3 15 of 1984 w.e.f. 18.9.1982 
 
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