The Kerala Prevention of Damage to Private Property and Payment of Compensation Act 2019

GOVERNMENT OF KERALA 
Law (Legislation-E) Department 
 
NOTIFICATION 
 
 
No.392/Leg.E1/2019/Law.                              Dated, Thiruvananthapuram 2nd December,2019 
                                                 16th Vrischikam,1195 
11th Agrahayana,1941. 
 
 
 In pursuance of clause (3) of Article 348 of the Constitution of India, the Governor of 
Kerala is pleased to authorise the publication in the Gazette of the following translation in 
English language of the Kerala Prevention of Damage to Private Property and Payment of 
Compensation Act, 2019 (9 of 2019). 
 
 
        By order of the Governor, 
 
   ARA VINTHA BABU P. K., 
Law Secretary. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
[Translation  in  English  of   “ 2019-ടേ കേരള സവോരയ സവത്തിനുള്ള നാശനഷ്ടം തെയേും 
നഷ്ടപരിഹാരം നൽേേും ആേ്റ് ” published under the authority of the Governor.]
 
ACT 9 OF  2019 
 
THE KERALA PREVENTION OF DAMAGE TO PRIV ATE PROPERTY AND PAYMENT OF 
COMPENSATION ACT, 2019 
An Act to provide for the prevention of frequent and rampant damage to private property by 
damaging acts and for payment of compensation and for matters connected therewith or 
incidental thereto. 
 Preamble.—W HEREAS, it is expedient to provide for the prevention of frequent and 
rampant damage to private property by damaging acts and for payment of compensation and for 
matters connected therewith or incidental thereto; 
 B E it enacted in the Seventieth year of Republic of India as follows:– 
   1. Short title and commencement.–(1) This Act may be called the Kerala Prevention of 
Damage to Private Property and Payment of Compensation Act, 2019. 
 
 (2) Sections 4 and 7 of this Act shall be deemed to have come into force on the 
6th day of July, 2019 and the remaining provisions shall be deemed to have come into force on 
the 8th day of January, 2019. 
       2. Definitions.– In this Act, unless the context otherwise requires,– 
(a) "damaging act" means an act, causing damage or loss or destruction     
to any private property due to communal riot, hartal, bandh, 
demonstration, march, procession, blockade of road traffic or similar 
assembly by whatever name called, committed by an individual, group 
of individuals or organisation whether social, religious or political; 
(b) “prescribed” means prescribed by rules made under this Act; 
(c) "private property" means any property whether movable or immovable 
including any machinery, other than public property as defined under 
the Prevention of Damage to Public Property Act, 1984 (Central Act 3 
of 1984), which is owned by or in the possession of or under the 
control of any person or organisation or institution or entity. 
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This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
 3. Prohibition of committing damaging act.– No person participating in communal riot, 
hartal, bandh, demonstration, march, procession, blockade of road traffic or similar assembly  by 
whatever name called, shall cause  any damaging act. 
 4.  Police may make video recording.– The Police may make video recording of the 
commission of an offence under this Act and such video recording shall be admissible in any 
proceedings subject to the provisions in sections 65A and 65B of the Indian Evidence Act, 1872 
(Central Act 1 of 1872). 
 5. Punishment for committing damaging act.– Whoever commits a damaging act shall, on 
conviction, be punished with imprisonment which may extend to five years and with fine. 
 6. Punishment for committing damaging act by fire or explosive substance.– Whoever 
commits a damaging act by fire or explosive substance shall, on conviction, be punished with 
rigorous imprisonment which may extend to ten years  but shall not be less than one year and 
with fine. 
 7.  Offences shall be cognizable and non-bailable.– Offences under this Act shall be 
cognizable and non-bailable. 
  8. Special provision as to Bail.–  No person accused under section 5 or section 6 shall be 
released on bail on execution of bond by two sureties and depositing in the court the amount not 
less than one half the value of the property destroyed or damaged as may be determined by  the 
court on the basis of police report or on furnishing bank guarantee for the said amount, unless the 
prosecution has been given an opportunity to oppose the application for such release. 
 9. Determination of compensation.– When court on conviction for an offence under this 
Act impose  sentence it shall order payment of compensation regarding the loss sustained to any 
person, organization, institution or entity for any damage or loss or  destruction caused due to the 
commission of offence, based on a report furnished by such officer, in such manner and in such 
form as may be prescribed and such compensation shall be recoverable under the provisions of 
the Code of Criminal Procedure,  1973 (Central Act 2 of 1974)  or as if an arrear of public 
revenue due on land under the provisions of the Kerala Revenue Recovery Act, 1968 (15 of 
1968). 
 10.  Saving of other laws.–  The provisions of this Act shall be in addition to, and not in 
derogation of, the provisions of any other law for the time being in force. 
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This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
 11. Power to make rules.– (1) The Government may, by notification in the Gazette, make 
rules either prospectively or retrospectively to carry out the provisions of  this Act. 
  (2) Every rule made under this Act shall be laid, as soon as may be after it is 
made, before the Legislative Assembly while it is in session for a total period of fourteen days 
which may be comprised in one session or in two successive sessions, and if, before the expiry of 
the session in which it is so laid or the session immediately following, the Legislative Assembly 
makes any modification in the rule or decides 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. 
 12.  Repeal and saving.– (1) The Kerala Prevention of Damage to Private Property and 
Payment of Compensation Ordinance, 2019 (33 of 2019)  is hereby repealed.   
 (2)  Notwithstanding such repeal, anything done or deemed to have been done or 
any action taken or deemed to have been taken under the said Ordinance shall be deemed to have 
been done or taken under this Act. 
 
 
 
 
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This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
____________________________________________________________________________________________________________________________
PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESS
AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2019

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