The Maharashtra Prevention of Defacement of Property Act, 1995

1995 : Mah. VIII]    1 
  
THE MAHARASHTRA PREVENTION OF DEFACEMNET  
OF PROPERTY ACT, 1995 
[Text as on 24th October 2024] 
_____________ 
CONTENTS 
PREAMBLE. 
SECTIONS. 
 1. Short title and commencement. 
 2. Definitions. 
 3. Penalty for defacement. 
 4. Offence to be cognizable. 
 5. Power of State Government to erase writing, etc. 
 6. Indemnity. 
 7. Act to override other laws. 
 8. Removal of difficulties. 
 9. Repeal of Mah. Ord. I of 1995 and saving. 
 
 
 
 
 
 
 
 
 
 
 
 
 
2 The Maharashtra Prevention of Defacement of [1995 : Mah. VIII 
Property Act, 1995 
1995 : Mah. VIII]  The Maharashtra Prevention of Defacement of 3 
 Property Act, 1995 
MAHARASHTRA ACT No. VIII OF 19951 
[THE MAHARASHTRA PREVENTION OF DEFACEMENT OF  
PROPERTY ACT, 1995.] 
[This Act received the assent of the President on the 29th April 1995 ; the assent was first  
published in the Maharashtra Government Gazette, Part IV, on the 2nd May 1995.] 
An Act to provide for the prevention of defacement of property and for matters connected 
therewith or incidental thereto. 
WHEREAS, both Houses of the State Legislature were not in session ;  
AND WHEREAS, the Governor of Maharashtra was satisfied that circumstances existed which 
rendered it necessary for him to take immediate action to have a special law to provide for the 
prevention of defacement of any property or place open to public view and to provide for matters 
connected therewith or incidental thereto; and, therefore, promulgated the Maharashtra Prevention of 
Defacement of Property Ordinance, 1995 (Mah. Ord. I of 1995), on the 18th January 1995 ;  
AND WHEREAS, it is expedient to replace the said Ordinance by an Act of the State Legislature; 
It is hereby enacted in the Forty-sixth Year of the Republic of India as follows :––  
1.  Short title and commencement.— (1) This Act may be called the Maharashtra Prevention of 
Defacement of Property Act, 1995.  
(2) It shall be deemed to have come into force on the 18th January 1995.  
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) “defacement” includes impairing or interfering with the appearance or beauty, 
damaging, disfiguring, spoiling or injuring in any way whatsoever and the word “deface” shall be 
construed accordingly ;  
(c) “place open to public view” includes any private place or building, monument statue, 
post, wall, fence, tree or contriv ance visible to a person being in or passing along, any public 
place ;  
(d) “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 defacement. — Whoever by himself or through any other person defaces any 
place open to public view shall, on conviction, be punished with imprisonment for a term which may 
extend to three months, or with fine which may extend to two thousand rupees, or with both :  
Provided that nothing in this section shall apply to any advertisement which,—  
(i) is exhibited with the written permission of the local authority having jurisdiction over 
such area in this behalf ;  
(ii) is exhibited wi thin the window of any building if the advertisement relates to the trade, 
profession or business carried on in that building ; or  
(iii) 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  
                                                   
1  For S tatement of Objects and Reasons of the L. A. Bill No. I of 1995,  see Maharashtra Government Gazette , 1995, 
Extraordinary No. 1, Part V, dated the 25th March 1995, page 4. 
4 The Maharashtra Prevention of Defacement of [1995 : Mah. VIII 
Property Act, 1995 
(iv) relates to the name of the land or building upon or over which the  advertisement is 
exhibited, or to the name of the owner or occupier of such land or building ; or  
(v) 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.  
4.  Offence to be cognizable.— An offence punishable under this Act shall be cognizable.  
5.  Power of  State Government to erase writing, etc. — Without prejudice to the provisions of 
section 3, it shall be competent for the State Government to take such steps as may be necessary for 
freeing from any defacement, erasing any writing or removing any erection or fixation from, any place 
open to public view. The expenditure incurred for such removal of defacement or for erasing any 
writing, or removing any erection or fixation, incurred by the State Government shall be recoverable 
from the person guilty of such offence under section 3 and if not paid, shall be recovered from such 
person as arrears of land revenue under the provisions of the Maharashtra Land Revenue Code, 1966 
(Mah. XLI of 1966).  
6.  Indemnity. — No suit, prosecution or other legal proceedings sha ll lie against the State 
Government, 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.  
7.  Act to override other laws. — The provisions of this Act shall have effect notwiths tanding 
anything to the contrary contained in any other law for the time being in force. 
8.  Removal of difficulties.— If any difficulty arises in giving effect to the provisions of this Act, 
the State Government may, as occasion requires, by order, do any thing not inconsistent with the 
objects and purposes of this Act, which appears to it to be necessary or expedient for the purpose of 
removing the difficulty :  
Provided that no such order shall be made after the expiry of a period of two years from the da te 
of commencement of this Act.  
9.  Repeal of Mah. Ord. I of 1995 and saving. — (1) The Maharashtra Prevention of 
Defacement of Property Ordinance, 1995 (Mah. Ord. I of 1995) 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, as the case may be, under the corresponding provisions of 
this Act. 
 

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