The West Bengal Prevention Of Defacement Of Property Act, 1976

West Ben. 
Act XXXII, 
of 1951. 
GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXI of 1976 
THE WEST BENGAL PREVENTION OF 
DEFACEMENT OF PROPERTY 
ACT, 1976. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 1st April, 1976.] 
[1st April, 1976.] 
An Act to provide for the prevention of defacement of property. 
WHEREAS it is expedient in the public interest to provide for the 
prevention of defacement of property and for matters connected therewith 
or incidental thereto; 
It is hereby enacted in the Twenty-seventh Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Prevention of short title, 
Defacement of Property Act, 1976. 	 extent and 
application. 
(2) It extends to the whole of West Bengal. 
(3) It shall apply in the first instance to Calcutta as defined in the 
Calcutta Municipal Act, 1951, but the State Government may, from time 
to time by notification in the Official Gazette, apply it to such other local 
area or areas as may be specified in the notification. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "defacement" includes impairing or interfering with the 
appearance or beauty, damaging, disfiguring, spoiling or 
injuring in any other way whatsover and the word "deface" 
shall be construed accordingly; 
(b) "property" includes any building, hut, structure, wall, tree, 
fence, post, pole or any other erection; 
(c) "writing" includes decoration, lettering, ornamentation, etc., 
produced by stencil. 
121 
The West Bengal Prevention of Defacement of Property 
Act, 1976. 
[West Ben. Act XXI of 1976.] 
(Sections 3-7.) 
3. (1) Whoever defaces any property 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 extent to six months or with fine which may extent to one thousand 
rupees or with both. 
(2) Where any offence committed 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 person 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. 
Offence to be 	 4. An offence punishable under this Act shall be cognizable. 
cognizable. 
Power of 	 5. Without prejudice to the provisions of section 3, it shall be 
State 
Government competent for the State Government to take such steps as may be 
to erase 	 necessary for erasing any writing, freeing any defacement or removing 
writing, etc. any mark from any property. 
Act to 	 6. The provisions of this Act shall have effect notwithstanding 
override 	 anything to the contrary contained in any other law for the time being other laws. 
in force. 
Repeal and 	 7. (1) The West Bengal Prevention of Defacement of Property Or 
West  
IX 
en. 
savings. 	
d. I o 
Ordinance, 1976, is hereby repealed. 	 1976. 
(2) Anything done or any action taken under the West Bengal 
Prevention of Defacement of Property Ordinance, 1976, shall be deemed 
to have been validly done or taken under this Act as if this Act had 
commenced on the 16th day of February, 1976. 
Penalty for 
defacement 
of property. 
122 

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