The SIKKIM PREVENTION OF DEFACEMENT OF PROPERTY ACT,1988

EXTRAORDINARY",'i1
lr I[I'UBIJSI-IEDBY AUTHORlll'Y
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~.NoVLD/1988.,,
, GOVERNlvIENT (OF SIKJ(IM
LAW DEPARTMENT
GAl\.TGTOK.
'NOTIFICATION
Dated the 1st March, 1938.
,The fol owingAct of the Sikkim Legislative Assembly having received the assent of
theGovernor 0.: the 27tb clay of February, 1988,is hereby published for general inforrnatioru->
Sl.or:title, ex-
tent and"COIII-
[ .mencenient,,.
Definitions. 2.
Pcnnltv [or {k-:.. J,
./ircc'lJIi'rl; 0/
properly.
THE SlKKHvl PREVENTION OF DEFACEIVlEI"fT OF
PROPERTY ACT, 1988.
( ACT NO. 3 OF 1988 )
AN
ACT
to provide for the prevention of defacement of property and
matters connected therewith and incidental ~thereto.
BE it enacted by the Legislative Assem bly of Sikkirnin the
Thirty-ninth Year of the Republic of India as follows;-
(I) This Act may be called the Sikkim Prevention of
Defacement of Property Act, 199B.
(2) It extends to the whole of theState of Sikkim.
(3) It shall be deemed to have come into force on the
·15th clayof December, 1987. .
In this Act, unless the context otherwise requires.> ··
(a) 'defacement' includes impairing 'Sfinterfering with
the appearances or beauty, damagipg, disfiguring,
spoiling or injuring in any other way whatsoever and
the word" deface" be construed ac~ordingly;
(b) 'property' includes any building, hut, wall, tree, fence,
pole or any other erection;
(c) 'writing' includes decoration, lettering, ornamentation
ctc., produced by stencil.
(1) Whoever defaces any properly in public view by
writing or marking with ink, chalk, paint or any other
material, except for the purpose of indicating the
name and address of the owner or occupier of such
property, shall be punishable with imprisonment for
a term which may extend to six months or with fine
which may extend to one thousand rupees or with
both .
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(~(fi!l1ces to be 4.
cognizable.
Power of State 5.
Government to
erase writing
ete.
Aet 80 override 6.
other laws.
ltepeal and 7.
;.tavtng,
•p .
2
(2) whereanyoffencecommitted under sub-section (1)
is for the benefit of some other person or a company
or other body corporate or an association of persons
(whether incorporated or not), then such other per-
son and every President, Chairman, Director, Partner,
Manager, Secretary, Agent or any other officer or
person concerned with the management thereof, as the
case may be, shall unless he proves that the offence
was committed without his knowledge or consent, be
deemed to be guilty of such offence.
Any offence punishable under this Act shall be a cog-
nizable offence.
Without prejudice tothe provisions of section 3, it shall be
competent for the State Government to take such steps as
may be necessary for erasing any writing, freeing any
...defacement or removing any mark from any property.
The provision of this Act shall have effect notwithstanding
anything to the contrary contained in other law for the
time being in force.
(1) The Sikkim Prevention of Defacement of Property
Ordinance, 1987, is hereby repealed. 3 of 19S7. .
.(2) Notwithstanding such repeal, anything clone or any
action taken inthe exercise of the powers 'conferred
by or under this Ordinance, shall be deemed to have
been done or taken in exercise of the powers con-
ferred by or 1.I11derthis Act, as if this Act was in force
on the day on which such thing was done or such
action was taken.
B.R. PRADHAN,
Secretary to the Govt. of Sikkim,
Law Department.
'.I' [P. No. 16(233)/LD/1987]
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r;RINTED A'f' THE SlKKIM GOVEHNMFNT PRESS, GANGT'CK •

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