LexThe Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959
Tamil Nadu · state statute
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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 Act 2 of 1959 Keyword(s): Advertisement, Objectionable Advertisement, Place Open to Public View, Public Place Amendments appended: 39 of 1986, 55 of 1992, 8 of 1994 '[TAMIL NADU] ACT No. 2 OF 19592. THE '[TAMIL NADU] OPEN PLACES (PREVEN- TION OF DISFIGUREMENT) ACT, 1959. ~ I [Received the assent of the Governor on the 16th March ~ 1959, first published in the Fort St. George Gazette on the 25th March 1959 (Chaitra 4, 1881 .)I An Act to prevent 'disfigurement by objeaionable or uaauthorized advertisements of places open to public view in the L[State of Tamil Nadu.] WHEREAS it is expedieut to pie id Cisfigurement by objec- tionable or unauthorized advertisements of places open to public view in the 3rState of Tamil Nadu! ; BE it enacted in the Tenth Year of the Republic of India as follows :- 1. (1) This Act may be called the ItTamil Nadu] Open Places (Prevention of Disfigurement) Act, 1 959. (2) It extends to the whole of the a[State of Tamil Nadu]. 2. In this Act, unless the context otherwise requires,-- (a) '' advertisement " includes any effigy or any bill, notice, document, paper or other thing containing any- words, signs or visible representations : -- - / These, words were substituted for the word " Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. For Statement of Objects and Reasons see Fort St. George Gazette Extraordinary, dated the 30th 0cto6eer 1958, Part IV-A, page 478, This Act was extended to the added territories by section 5 of, and the First Schedule to, the Tamil Nadu (Added Territories) Exteasion of Laws Act, 1962 (Tamil Nadu Act 14 of 1962), repzaling the corresponding law in force in those territories. Short title and extent. Definitions. "his expression was substituted for the expression " State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. Open Places (Preventiorz of [1959: T. N . Act 2 D is figurein en t) (b) "objectionable advertisement" means ally advertisement which is likely to - . (I) incite any person to commit murder, sal~otnge or any offence i~~volving violence ; or (ii) seduce any member of any of the armed furces of [he Uizion or of the police forces from his allegiance or his duly, or prejudice the recruiting of persons to serve in any such force or prejudice the discipline of any such force ; or I (iii) incite any section of the citizens of India to acts of violence against any other section of the citizens of India ; or which- (iv) is deliberately intended to outrage the religious feelings of any class of the citizens of India by insulting or b1:tspheming or profaning the religion or the religious belief's of that class ; or (v) is grossly indecent, or is scurrilou~ or obscene or intended for blackmail ; Explanation .-An advertisement shall not be deemed to be objectionable merely because words or signs or visible represent at ions are used- (I) expressing disapprobation or criticism of any law or of any .policy or administrative action of the Government with a view to obtain its alteration or redress by lawful means ; (2) criticising any social or religious practices withou: malicious intention and with an honest view to promote social or religious reform or social justice ; (c) '<place open to public; view "includes any priv;,te place or building, monument. statue, post, wall, feilce, tree or other thing or contrivitnce visible to a person being in, or passing along, any puljlic place ; (11) "pnblir nlnce" means any place (includiag a 'itreet or way, whether ir throt~ghfitre or not a11d a 12 riding place) to which the public are granted access or Itaye a right to resort, or over which they have a right to pass. 19593 W. N. Ac~ 21 Open Phes (Prkvention of Dtsfigtcrcment) 165 3. Whoever afbes to, or inscribes or exhibits on, any Pendty for di-e- place open to public hew a;r +je,;ectionable advertisement meat by shall be punished with imprisonment of either description objcaiooable for a term which may extend to one year or with he which adverti.ie- may extend to one thousand rupees or with bothm rnents. 4. Whoever afExe:; to, or inscribes or exhibits on, any malty for place open to public view any advertisemea without the unauthorized di5m-t written wnsent of the owner or occupier or person in by management of the ptoperty in which such place is situated shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two hundred rupees. or with both. \ ,n ** , 5. Whoever in any manner whatsoever muses, procures, Punbhmtlst connsels, aids, aha or is accessory to, the commission Ofakttors- of any offence under section 3 or section 4 shall be punished with the punishment provided for the offence. 6. Where a pets~ is prosecuted for committing an Burdm of offence under section 4, the burden d proving that he proof in cer taia bas the written consent referred to in that secxion shall be qn him 7. (1) Where sn offence bas been committed by a ~ffences by company, every person who, at the time when the offence companios. was wmmitted, was in charge of, and was responsible to, the company for the conduct of the business of the com- pany,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-sectiofi shall render any such person liable to any punishment provided in this Act, if he proves that the offence was com- mitted without his knowledge or &at he exercised all due diligence to prevent the commissior~ of s~ch offence. (2) Notwithstanding anything contained in stab -ton (I). where an offenca under this Act has been corn- dttsd by a co-y an8 it is prod that the offinoa .%a8 km cod witb lrbra mmeeue olr 0DLU.tako~~ m, a-2 ? 166 Open Places [Ppr.rllfion [1959: T. N. Act 2 of Disfjgurement) ! t cr is attributable to any gross negligence 011 the part of any director, manager, secretary or other officer ol' the eompany, such director, manager, secrctary or other officer of the company, shall also be deemed to be guilty of that oflence and shall be liable to be proceeded against 2nd * g xrt ished accordingly. t Explanatio~z.- For the purpose of thi~ section- (a) ' company' nreans any body corporate and iracl~tcles a firm or other association of individuals, and LV" iEE'?l5 >*, ' (b) director-', in re13 tion to a firm, moans a pzrt 1, . in the firm. Offences 8. Not withstanding an ythil~g contained i11 the *Code under the of Criniinnl Procedure, 1898 (Central Act V of 1898), Act to be 2:1y oflcnce punishable under this Act shall be deemed to cognizab1e. be a cognizable offence withir! the meaning of that Code. 1 ~ndemni: y. 9. No s!iit, prosecution or other legal nroceeding si-;:I1 I lie again5t the Government, any local au!liority or persorn g for anything which is in good faith done or intended to be i. do$e under this Act. i I Other laws 10. Thc prov;sions of this Act are in addition to, and no: aflec!ed. nl?t in derogation of, the provisions of any other law for the time being in force. Power to 11. (1) The State Government may make rules for the rrtake rules. ycrpose or' carryixg out the provisions of this Act. 4 % !* I (2) All rules made under this Act shall, 'as so011 as % 'I possible after they are made, 1x placed on the table of 1 30th the 1Io~1ses of the Legislature aid shall be subject to such m~difications by way oP amendmen~s or rzpeal as the Legjslature may make either in the same session or in the next session. *Now t le Code of Criminal Prccedure, 1973 (Central Act 2 of 1974). . . I I ,- i. F B The following. -Act if the Tamil Nadu Legislature received the &seen[ ofthe Governor on the 12th Juae 1986 and is hereby published fur gcilecal inforlnatidn :- !. ! + - . ACT No. 39 OF 1986. AII Acr to oijred. the Tnuiil Nadu Open Places (i'revehlion of Dis- fig~rrcnte~zt) Act; 1959. .- DE it ~:~acted by ;he Legislature of the State of Tamil Nadu in the 'Ikirty-seventh Year of the'-Republic of India as follows :- I. Slmn rifle ond cornmencement.-(1) This Act may be c'ded : ' rhe Tamil Nadu Open Places (Preven,tion of Disfigurement) head- ment Act, 1986. (2) It shall co111c into force' on such date a3:'the State Govern- mcll t may, by notification, appoint. - 2. Arnendnienr of section 2, Tomil Nodu Act 2 of 1959.-In action 2 of the. Tamil Nadu Open Places (Prevention of isf figure- ucnl) Act, 1959 (Tamil Nadu Act 2 of 1959) (hereinafter referred ' IU a?: the principal Act),- (a) in clause (&,- . , I. - (1) in item (v), the word "or" shall be added at he end; . , (2) after item (v), the following iten1 shall be added, aarncly :- ' ti) obsirc~cts pedestrian traffic " ; . . (b) aher clause (dl, the followhg- cle,use shall be added, nainely :-': ' . . , ",(Q ">Traffic :, Committee " means . a Traffic Committee I cc?nst iiuted y~~der section 3-B and having jurisdiction. ''1 - 1 , I.. .. , . ... . ' 3. I~lserficn 01 new sections 3-A, 3-Band 3-C in Tamil NO& .Act ? of 1959.-After section . 3 . .. of the principal Act, the following , . -. ~ect ions s.hall bc insprted, namhly.:- . . .' -. ..I -7. .'. . .. . '. I - - ::. . . ., - " 3-A,' Penally f~r disfigureme121 by cerlnht calegories of in- : uurhorised ad.ie~;brsmep rs witIiorit pnmirsian-(I) Without . pre- . . - 'a- C. $ice to thh'provisla~~s df sect= 4, whoever, wiihoui ,he previous per. , : -2~0 NADU GOVBRNM~T GAZBTTE . E~TKAORD~NAR Y & of the Trafic 8icd~~, atfur6 W, Cr hcribe or e&k on, any place open to public view any advertisement which- - ((0 obstructs the line of vision of any person or the driver of any -vehicle llsing any public place or endangers the saf . such person, driver by vehicle ; (6) disgracis the attention of ally pedestrian or rlle driver . of mrly vel~icle usjng any public place, in such manner a: io ceua danger to such pedestrian or driver or vehicle; or (c) CSUJ~S glare to the driver of a~y vehicle using any public placz, be ?i~nished with imprisonment of either description for a terr.: which may exteild to one year or with-fine which rimy ez:elld to one thousalld rupees or with both. (2) Eve~:y Traflic: C=ommi.tlec shall, in decidhg whether lo grant or refuse to grant permission under sub-section (I), regard to the following matters, namely :- ((I) the location of the proposed advertjsemcnt; (b) the titdct -of such advcrtiscrnci~t on moving trafic; and . . (c) such nihcr matters as may be prescribed. . 343.- Constitution of 15.a~ Committee.-41) There shall bc : constituted a ~ra%c Committee for the City of Madras and for each , district. (2) Evcr y Tr afic C~mmi~ttee shall,- (a) in -the City of Madras,. cunsist of the Deputy C .. sio~ler df Police (Traffic); (6) in the districts, consist of the ~u~krintendent of ~olia, . and five 'other n~n-official .wmibers appointetl by the State ~o~em' me@, of whom, two shall be women : . ... .-. . provided that if there. ars morc than one Superintcndenf d Poljce in a district, the senior most' among ,:them . .fiall. . be.:th '! ber of the Traffic Committee.. . . - - 2,. ., b.. .. ;.I- - ?. ..,: ' 3-C. dpped[.-( 1 .) .-k:lv person. aggrieved by- any degsion of Traffic Committee in glbantii lg .or.. rgwing tu grant pemissio section 3-A may agDeal- P - . , I.. . . (0) in the City of ~adc&,,"~' tj&"~&~iioioner 0 ind '';:-'; . :- . 1 -- .., - .-, -- . . .,I*. . I ._ 5 7 L I Y ~AMIL NADU GOVERNMENT G~ETTE F~XTRAORDINARY, 261 1 * , .--..._ I--- - ,1 (2) 'Ibe dcclsion of the appellate au,thority under sub-section 1 (1) sliall be final. ". 1 pril~cipnl section 4 shall bc renumbered as ~ub~section (1) of hat zection and after sub-section (I) a-- -- -' - sub-section shall be added, namely :- " (2) The court lvnrre convlcUng the orlender unaer sub-section (I) nlay. by order, also, clirect the offender to pay by way of com- ; pensation Lo Ihi: owner or occupier or person in management of the . .. -. C I . . . m -. - anu co~our-wasnlng rnt; ~UI LIWI~S UI LI. have bct~ Liisfipured ,by the act of the ouenaer. ,-. j. /Ij~~endfr~enf of seclion 5, Tamil Nadu >d 2 of 1959.-Xn ,- - 'i! section 5 of the principal Act, fur the words and figures "under . - section 3 or section 4 ", the words, figures and letter "under section I 3 or section 3-A or section 4 (1)" shall 'be substimted. ? ,. , r 6. Srrbsfiiuiion of new sec:bt: fo:. zzcfitjn 6, Tamil Nadu Acf 2 of 1959.-For section 6 of the principal Act,- the following section shall - - - - he substituted, namely :-- 1 0. ~j~(rdn~ OJ p-uo~ m certam cms .--Where a person is . , prasccut.ed for committing an offc~lcc under section 3-A or - sectinn " (I), thc burden of proving that he has the permission or the . written consent, as. the case map be, shall be on him. 7. I 1 c I, (5) elsewhere, to the Coueotor of the district concerned. - d 1 rr- 1 I 1 .t . . . - -- bulIdlng or prttnyscs, r>r sucn amount not exceeulng nve nundred iupees on the v:hole as may be reasonably incurred by him in erasing - .. .1 - - 1 0. . II ---A:--- -I? "le building or premises which .' .A m 1 I, I - . P. . . --- ' 7. A~nendrnept of section 8, Tamil ~id~ Act 2 oj igjg.-h . scction 8 of the principal Act, for the expression ' the Code of Cri- mi:lal Procedure, ,-.-. . .- 189% (Central Act V of 1898) ", the expression the m 1 I ~h--.r- . - . corr~nm I I A? hr A~+ 6-- -.I ---a! - ,ac . I ,. *a - , ---- t oae or Lrimlnal PI-oceuure, l Y l J (Cenfral Act 2 of 1974) " shall be substituted. 8. .41rrntdnenr of .reclion I I, Tamil Nrrdu Acl 2 of 1959,-h ' . I I + ' 4. 9.. - .,-b,,.,l, , I (]JC ~~ILI~UI nL~: I ~1 buwseclrfin (2). tnc roljomg !ub-seclions shall be substituted, namely :- " (2) In pa~icular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) the form of application for pemu'ssh : - I (b) the manner in which. and the perioZ vlithin which. the . application for permission has Lo be made ; I ._ . -- 1 - .- - . .- . + - , - (c) thc fecs to be paid on eve'ry application for permizs-ion. (3)All ~.ulcs~~~ade under thh Act shail be published in the -1ut1zil Nadu Governmerz~ Gazefte and, unless iiq are expressed to I come into force on a parti&- day, shaU come into force nn the . . ..- day on which they are so published. - (4) Every rule made under this Act shall, as soon as possible afkr it' is made be ~1;dced on the table of both Houses of tlie Lem'r- -- --Y ---> ---- -- iil any such rule o; both Houses ~bee that& rule should not be made, the rule s~U thereafter have effect onlv in such modified form m * of anything previously done under ?hat rde. ". (By order of the Governor] IE ~XI'I~A~IZL>INAI~~' - - - -- -- -- lalire and if, - hc fore the expiry of the session in which it is so placed or the next sessian. both Houscs agree in making. anv mndification . - -. - -, -** ---" --- - or be of no elfect, as the c& may ba, so however, that any sucb modificati'on or ailnulnlertt sheU be without vreiudice to the ~~allditv S. VAIIIVELU, . -. ... , '- u -. r. .r..." ,.., Jdmv Departmetzt. . . -. .. .. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY - 209 -- The following Act of the Tamil NudQ Legislative &mbly received the assent of the Governor on the 14th October 1992 and is hereLy published for g,.zneraJ i~~formation :- ACT No. 55 OF 199% AN rlct fzirlker to amend the Tamil Nadu Ope% Places (Prevention of ' Disjigurernent) Act, 1959. PJ& it enacted by the Legislative Assembly of the State of Timil Nadu in the Forty-third. Year of the Republic of India as follows :-a 1. (1) This Act may be called the Tamil Nadu Open Places (Preven- Shorttitle tion of X)i,digurement) Auendment A& 1992. and conmenee- ment. (2) (a) It shall be deemed to have come into force oli the 16th June . 1YV2 in the City of Madras . (b) It shall come into force in any other municipal co$oration or in any ~nunicipality, on such date as the State Govqnment may, by notification, appoint md different dates may be appointed . . for different , .. municipd, aor- ?or3 tions and municipalities. * 2. In the T,G~ Nadu Open Places (prevention of ~i&~urernent) ~ct; Ar,"zg:of *' 1959 (hereinafter ieferred to as the principqJ Act), in the long title, after the expression " diigfigurenient by, objectioq4le or ~&tiuthb&ed advertise- - ments of placesl open to public ti&w ", thii'exbrcisuion " aad to .privent pasting t of posters in mch place " shall be inserted. d. In the preamble to the principql Acs after fbc expression ': dipfigure ~~~~$~ d . ment by objectionable or uxiauthorised advertisements bP placesl open to public view ", the expression " and . a to prevent pasting of poste~ in such , : ' 81 I i piaces " shdi be inserted. 4 In section 3 of the'principd Act, for the expression " ona tlioasand' Ams%~, d - rupees "; the. expression "'five thousand rupces " &a& be substituted. 7 5. In section 3-A of the principal Act, in sub-section (I),- . Amendment section 3-A. of (I) for the- expreqion " Without prejudice to the provimo~~s of' r~ection 4 ", the expression, "Subject to tho proviaions of section 4-A and without prejudice to theSprovisions of section 4" shall be substituted ; , . 1 (2) lor the exprewion " one thousand rupees", the expression " fiie thousand rupees" shdl be substituted. .- f 1 6. 1n mbsection (1) of section 4 of the principnl Act, for the exprewrtn A~~~~~ of '. 'il~hoever affixeq to ", the expression " Subject lo the provisirms of section 4A, whncvcP affixes to " shall' be substituted. 1 7. Aflcr section 4 of the principal Act, the following ~ections &dl be ln~~~~~-~f~B j inserted, namely :-- and 4-C. 7 4 " 4-A. Prohibition, of, pasting of posters MLCE fizing of thatty boards, . . 1 etc.-(1) Notwithst ~nding anyt%ing contained in dctions 3, 3-A! or 4 or nny other provhion of thig Act, or any law for the time being in force, no person I shall, in any local area,- 1 (a) affix to, or inscribe or exhibit on, any place open to public 4 view. nny post,cr or nny effigy, or any bill, notico, document, pczpcr or athcr thing containing any words, ~igns or 4vitjiMc reprmentrltions ; or * 1 '1 (B) put up or fix any thatty board or board supportt!d on, or attached to, any post, pole, standar4 framework or other support whoUy op in part upon or over any land, bnildhg, wall or struee : 4 r, .,-,., rv ? PY. rv~q1---3 . , ! " . . TAMIL NADU. GO v ERNMENT GAZEXTE EXTRAORDINARY. . 211 --- - . .< - . .- , , , . v 4-B. Pei1aZty.-Whoever contgaveneq the ppvisiops of section 4-A shall : be ~unished with imprisonment of cuther description, ffo~ a tern which niay extend to one year, or with he which may extend to five thousand, rupees, or - with both. 4-C. .Pourer lo try offenw surnm.mZy.--hy offence punishable under ' section 4-B may be tried in a sumrnarg; way and the provisrions of sectio~~a 26'2 to 265 (both inclusive) of the Code of Criminal Procedure, 1973 (Central Act hol 1974)' shall, as far m may be, apply to such trial.". Amendment of h. In section 5 of the principal Act, after the expression " section 4 (1 1 ", section 5, tlie exprossiond' or sction, 4A' "shall be insewd. .Amendment .of 9. In sektion 6 of the principd dcT, . &r the eveasion " or section -. se,.dm 6. 4 ( 1) ", the expression '" or seetion 4A (1) (b) " shall be inserted. . . 1 Nadu 10. (1) Tbc Tamil Nadu Open Plaoea (Prevcntiion of Disflgurelnent) R~~~~nd dinaoee7 41nenrlment Ordinance, 1992 is hereby repealed. , 1992. (2) Notwithstanding such repeal, anything done or any action taken ', under the 'principal Act, as amended by the mid Ordinance, shall be deemed m have been done or taken under the principal Act, ilr amended hy this Act. (By order of the Governor ) ''Y . Md. ISMATI;, . Ssoretwg to Government, LIIU) Departmen& PR* AND PWBLISWED BY'THE DIRE~R OF STA~NERY AND PRINT IN^. MADRAS. ON BEHALF OF THE OOYeRNMENT OF TAMIL NADU +. . . : 20 ' '.i-: '. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY - . - 'I The follo\ving Act of the Tamil Nadu Legislative Assembly received the assent of -.the Governor on the 31cl March 1994 atnd is hereby published for general information :- 5 "' '" * .a I, , . ACT No. 8 OF 1994. An Act jn~rtlzer to ar~ Act, 1959. end tlze Tamil Nadrr Open places (Prevention of Disfigurement) !. BE it enacted by the Legislative Asseinbly of the State of Taniil Nadu in the - Forty-fourth Year of the Republic of India as follows :- I. , z. 1. (1) This Act may be called the Tamil Nadu Open Places (Prevention of Short title i ; . - ., Disfigurement) Amendment Act, 1994. commencem (2) It shall colllc into forcc at once. Tamil *ad* Act 2. In the Tanill Nadu Open Places (Prevention cf Disfigurement) Act, 1959 ~nl~ndnle'lt \ of 1959. (hereinafter referred to as the principal Act), in the long title, for the expressio? long i "open to public view and to prevent pasting of posters in such places", the expression "open to public view and to prevent pasting of posters in such places 1 1 and on f Motor Vehicles" shall be substituted. 3. In the preanlble to the principal Act, for the expression "open to public Amendment of vie# and to prevent pasting of posters in such places", the expression "open l"eab'e. to public view and to prevent pasticg of posters in such places and on Motor Vehicles" shall be sul stituted. b 4. Tn section 2 of the priticipal Act,- Amendment of section 2 1 . . (I) after clause (a), the following clause shall be Inserted, namely:- I "(uu) "motor vehicle" means a motor vehicle as defined in clause (28) of section 2 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) and used for $< road transport service by any State Transport Undertaking;"; / F (2) after clause (d), the following clause shall be inserted, namely :- i, "(dd) "State Transport Undertaking" means a State Transport Under- raking as defined in clause (42) of section 2 of the Motor Vehicles Act, 1988 t" (Central Act 59 of 1988);". 5. After section 4-A of the principal Act, the following section shall be lnz$::,:fA inserted, namely :- "4-AA. ProIlibitioi7 oj pastiilg of posters and fixing qf. thatty boar&, ~LL , on Motor Vellic1o.s.-(1) Notwithstanding anything contained In sections 3, 3-A. 4 or 4 A or any other provision of this Act, or any law for the time being in force, noperson shall- (a) affix to, or inscribe or exhibit 011, any motor vehicle, any poster or any effigy, or any bill, notice, document, paper or other thing cont-.ining any words, signs or visible representations ; or (b) put up or fix any thatty board or board .supported on, or attached to, any post, pole, standard, framework or other support wholly or in any part upon or over any motor vehicle : Provided that nothing contained in this sub-section shall apply to any poster or advertisement or thatty board SI~ the State- Government, on any motor vehicle. (2) Nor~1tllb:andlng anything contained in sub-section (!), anu rfficer authorised by the Chairman of the State Transport Undertaking concerned, may gram uermissiorl ICI any person to put up or fix any thatty board on any motor vehicle, subject to such conditions alld f~r such verind as n13y be s~ecified .._ in sucb l~er~r i~si011 : E: i i% 6. In section 5 of the principal Act, afler the expression "section 4-A", the expression "or section 4-AA" shall be inserted. 7. In section 6 of the principal Act, after the expressio~l "section 4-A(l)(b)", the expression "or section .Q-AA(l)(b)" sllall be inserted. (By order of the Governor) M. MUNIX.AM4N, Secretar'y to Govcrnmcnt, Law Depnrtmeht . I