The Tamil Nadu Public Property (Prevention of Destruction and Loss) Act,1982

 
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The Tamil Nadu Public Property (Prevention of Destruction and Loss) Act, 
1982 
 
Act 29 of 1982 
 
 
 
 
 
 
 
 
Keyword(s): 
Mischief, Political Party, Public Property 
 
---- -- -- . -- - 
19@ : T.N. Act 291 pubhi Property (Preventha of 835 
Destruction dnd Loss) 
TAMIL N.4UU ACT NO. 29 QF 1982.* 
'PI1E TAMIL NADU PUBLIU PROPERTY (PREVEN- 
'PION OF DESTRUCTION AND LOSS) Ad, 
1982. 
[Received the assent of the Prerident on the 15th May 
1982, first published in the Tamil Nadu Govern-ment 
Gazette Extraordinary, on the 18th May i 981 (~Likusi4. 
l%mthubi, Tiliuvalluvar Aandu-20 1 3). 1 
dn Act to providk for punishments for certain ocrs in 
resped of ?he public properry mrd #he @lie. ili the 
State of Tamil Nadu. 
B~it enacted by the Legislature of the Stzte of TamilNadu 
k tk Zlhirty4Erb Yea of the Republic of &&a as 
fo&ws :- 
1. (1) ms Act may be called the Tamil F'adu Publio Sho rt title and 
Property (Prevention c; f Destruction and Loss) Act, 1982. commence- merit. 
(2) It shall come into force at once. 
2. Whoever, - Punishment for committing 
(i) commits mischief by doillg any act in respect of mischief in respect of any public property whethzr movable or immovable or public 
machinery and t hxeby oauses loss 0.- damage to the or 
amount of one hundred rupees or upwards, or 
(ii) commits mischief by doing any act which cnuses 
or which he knows to be likely to cause a diminution of 
the supply of water to the public or to any person for any 
purpose or an inundation of, or ob~truction to, anypublio 
drainage, or 
(iii) oommits mischief by daing any act whichrenders 
any public ~oad, bridge, navigable channel, netural or 
artifi~i: 1 impassable or less safe for travelling or con- 
veying property, or 
(iv) oommits mischief by fire or any L..,-hive 
substance intending to cause or knowing it to bc likly 
that he will thcr cby cause d: mage to any public property 
whet her movable or i m lnova ble or machi nci y to t llc amount 
of one hundred rupees or upwards 
shall be punishable with imprisonment foi a term which 
shall not be less than six months but which may extend to 
five years and with 5e : - 
P 
* For Statement of 0bj5szand Reasons, see Tamil Nadrr 
Government Gazette Extraordinary, dated the 19th Pebr uary 1982, 
Part WSectioa 1, page 106. 
836 Public Property (P~*e.vertfiori of [l%2: f &. A* 
Destruct ioit und Loss) 
Provided that the court may, for any ~Ateq~e 
special reasons to be mentioned in the judgment, impose 
sentence of impiisonment for a term c f less tkn six month 
ExpZuiz~tion.--For the purposes of this section.-- 
(i) " mischief" shall have t E e same meaning as 
in section 425 of tlre Indian Pend Code (Gatrsl Aat 
XLV of 1860) ; 
(ii) " public property whethet movable or im- 
movable or machinery " mszns r n y property or machina y 
omed or controlfed by,- 
(a) the Sate Oovernme~ ; or 
(b) any local authority ; or 
(c) the Tamil N8du Stete Electricity Board ; or 
(d) zny University in tnis State ; or 
(ej any co-operative socicty including a lrsd 
development brtak, registt red or deemed to be registered 
under the Tamil Nddu go-oper:itive Soaietits Act, 1961 
(Tamil Nadu Act 53 of 1961) ; or 
(f) aay corporate body constituted uncle1 2.ny 
Act passed by the Legislature of this Str.te ; or 
(g) any other oorpoiation owned or controlled 
by the State; Government. 
I'unishment for 3. VFlhoevef commits ar instig?*tes, incites or otherwise 
throwing abts the act of thowing stones, bricks, soda-bottles or bricks any other material whatsoever upon the persons trav~lling etc., upon 
I per sons travel- in nny motor vehicle, shll be punisba ble with imprison- 
ling in motor ment for a term which shall not be less than six months but 
vc hiclcs. which may extend to five yers s and with Ane: 
Provided that the court may, for er~y adequate ?ad 
.-ezsons to be mentioned in the judgmc m, impose P. 
sentence of impri~onmenl for s term c f less t hrs six months. 
Expkmation. -For the purposes of this section '' motor 
vehcla " shdl hwe tb s~me meaning as in cl?.use (18) 
of section 2 of the Motor Vehicles Act, 1939 (central A~ct 
1V of 1935$.. 
Special provi- 4. No person zcc11sed or convicted af an affer:ce 
sion rearding punishsble under section 2 or sectior 3 shali,if in'custody, ball. be released on bail or on his own bond unless the pro- 
secution baa bcen given an opportunity to owe t& 
application for such release. 
1982: T.N. Act 29; Public Property (Prevention of 837 
Destruction and Loss) 
5. (1) When imposing a scntcnce of fint for ;. n offcnce Order pay 
I 
under tnis Act, the cowt mny when pzssi~g judgment, cornpen t ion. , 
order the whole or any part of the fine iecovcltd to be 
applied- 
(a) in defrsying expenses propel ly ir CLT~C d in t he 
prose~utioa ; 
(b) in the payment to any person of corlpc z: nf ion 
for any loss or injury caused by the offence ; 
(c) in replacing or, as the case may be, restoring 
to the previous stzte, the public property or mcchinet ). 
including any public road, bridge, navigable channel, 
natural or artificial. 
(2) If the fine is imposed in a case which is subject 
to appeal, no such payment shall be mz.de befoi e the pel iod 
allowed for presenting the ?.ppeal h?.s el?.psed, 01, if an 
appeal be presented, before the decision of the ?.ppeal. 
(3) An order under this section may also be mede 
by an Appellate Court or by the Egh Court 01 Court of 
Session when exercising its powers cAf levision. 
(4) At the time of awarding con~pensation in any 
subsequent civil suit rel~ting to the same msttel, the court 
shall take into acc~unt any sum paid or recovexed as 
compens:,tion under this section. 
6. NO court infc. ior to tb t of a Chief Metropolitan p,e, ,O try 
Magistrate or i). Chief Judicial Magistrate shall try any offences* 
offence punishable under this Act. 
7. The provisions of this Aot shell be in addition to, 
and not in derogation of, any other l2.w for the, time being 
in force and nothing contained herein shall exempt any 
person from any yr~ceading by wzy of investigation 01 
otherwise wnich might, apart fiom this Act, be instituted 
against him. 

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