The PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT, 1981

THE PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT, 1981 
 ARRANGEMENT OF SECTIONS 
Statement of Object and Reasons 
Sections: 
1. Short  title and commencement. 
2. Punishment for committing mischief in respect of property. 
3. Special  Provision regarding bail. 
4. Power of state Government to impose collective fine.  
5. Power to make rules. 
6. Repeal and savings. 
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STATEMENT OF OBJECTS AND REASONS 
 Act 47 of 1981.- Consequent on the recent incidents of  burning of  Motor 
Vehicles, looting, damage of public and pr ivate property in Bangalore City and 
elsewhere and considering the fact that during the last few years agitational methods 
are being resorted to increasingly by students, labourers, antisocial elements to 
achieve these objects, it was considered expedient to provide by a separate 
legislation for deterrent punishment for such offences and to impose a collective fine 
on the inhabitants or other persons concerned or otherwise involved in their 
commission and to apportion among them the loss or damage sustained. 
 The Prevention of Destruction and loss of property Ordinance, 1981 was hence 
promulgated on 16th June 1981. 
 The Proposed enactment seeks to replace the Ordinance. 
 (Published in the Karnataka Gazette (Extraordinary) Part IV- 2A dated 24-6-1981 
as No. 474) 
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KARNATAKA ACT No. 47 OF 1981 
(First published in the Karnataka Gazette Extraordinary on the Sixth day 
of October, 1981) 
THE PREVENTION OF DESTRUCTION AND LOSS OF  
PROPERTY ACT, 1981 
(Received the assent of the President on the Twenty-ninth  
day of September, 1981) 
 An Act to provide for punishment of certain acts in respect of property and 
imposition of collective fine to recover the loss or damage sustained by such acts. 
 W HEREAS it is expedient to provide for punishment of certain acts in respect of 
property and imposition of collective fine to recover the loss or  damage sustained by 
such acts; 
 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 Prevention of 
Destruction and Loss of Property Act, 1981. 
 (2) It shall be deemed to have come into force on the sixteenth day of  June, 
1981. 
 2. Punishment for committing mischief in respect of property.- Whoever,- 
 (a) commits or attempts to commit, or instigates, incites or otherwise abets the 
commission of mischief within the meaning of section 425 of the Indian Penal 
Code, 1860 (Central Act 45 of 1860) and causes loss or damage to any 
property; or 
 (b) causes loss or damage to any proper ty in any area during the period when an 
assembly of five or more persons in such area is prohibited by or under any 
law for the time being in force, or when such assembly is deemed as an 
unlawful assembly under section 141 of the Indian  Penal Code, 1860 (Central 
Act 45 of 1860), 
shall be punishable with imprisonment for a term which shall not be less than six 
months but which may extend to five years and with fine which may extend to two 
thousand  rupees: 
 Provided that the court may for reasons to be recorded in writing, impose lesser 
punishment. 
 3. Special  provision  regarding bail.- No person  accused or convicted of an 
offence  punishable  under section 2 shall  if  in custody, be  released on bail  
whether  with or without  sureties unless the prosecution has been given an 
opportunity  to oppose  the application for such  release: 
 Provided that it shall not be necessary to give such an opportunity  to oppose the 
application if the court, for reasons to be recorded in writing, is of opinion  that it is 
not practicable to give such an opportunity. 
 4. Power of State Government to impose collective fine.- (1)  If, after enquiry 
in the prescribed manner, the State Government is satisfied that the inhabitants of an 
area are concerned in,  or abetting or instigating, the commission of an offence 
punishable under section 2 or harbouring persons concerned in the commission of 
the said offence or failing to render all assistance in their power to discover or 
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apprehend the offender or offenders or suppressing   material evidence of the 
commission of such offence, the State Government may, by notification in the Official 
Gazette, impose a collective fine on such inhabitants and apportion such fine 
amongst the inhabitants in such manner as may be prescribed: 
 Provided that the fine so apportioned shall not be recovered from any of the 
inhabitants until the petition, if any, filed by him under sub-section (3) is disposed of. 
 (2) The notification made under sub-section (1), shall be proclaimed in the area 
by beat of drum or in such other manner as the State Government may think best in 
the circumstances to bring the imposition of the collective fine to the   notice of the 
inhabitants of the said area. 
 (3) (a) Any person aggrieved by the imposition of the collective fine or by the 
order of apportionment under sub-section (1), may, within thirty days of the 
notification, file a petition before the State Government or such other authority as it 
may specify in this behalf for being exempted from such fine or for modification of the 
order of apportionment.  No fee shall be charged for filing such petition. 
  (b) The State Government or the authority specified by it shall, after giving to 
the petitioner a reasonable opportunity of being heard, pass such order as it may  
think  fit: 
  Provided that the amount of fine exempted or reduced under this sub-section 
shall not be realisable from any other person, and the total fine imposed on the 
inhabitants of the area under sub-section (1) shall be deemed to have been reduced 
by that extent. 
 (4) Notwithstanding anything contained in sub-section (3), the State Government 
may exempt any of the inhabitants who have suffered loss or damage to their 
property in the manner stated in section 2 from the liability to pay the collective fine 
imposed under sub-section (1) or any portion thereof. 
 (5) The State Government may, after such enquiry as it may consider necessary 
determine the amount of compensation which in its opinion may be paid to the 
person or persons who suffered loss or damage as aforesaid and pay the  same out 
of the fine collected. 
 (6) The portion of collective fine payable by any person may be  recovered in the 
manner provided by the Code of Criminal Procedure, 1973 for the recovery of fines 
imposed by a court as if it were a fine imposed by a Magistrate. 
 5. Power to make rules.- The State Government may make rules for carrying 
out the purposes of this  Act. 
 6. Repeal and savings. - (1) The Prevention of Destruction and Loss of Property 
Ordinance, 1981 (Karnataka Ordinance 15 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. 
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