Advertisement, Place Open to Public View, Public Place

Act 35 of 1982.- Public and private buildings and other open places disfigured by
slogans written and posters pasted indiscriminately on their walls are a common
spectacle in the cities and towns of the State. Indulgence in these activities apart from
spoiling the beauty of the buildings and other space obliges the owners to incur
avoidable expenditure to undo the mischief. As these activities have been on the
increase it has become necessary to prevent them immediately.
The existing provisions under the Karnataka Police Act, 1963 and the municipal laws
are not found to be sufficient to check this menace effectively. In these circumstances it
is intended to have a separate stringent law which provides inter alia for deterrent
punishment and for making the offences cognizable.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A No. 477 dated 24-6-
1981 at page 5.)
Amending Act 15 of 1984.- The assent of the President to the Karnataka Open
Places (Prevention of Disfigurement) Bill, 1981 was given subject to condition that the
ancient and historical monuments declared to be of national importance will be excluded
from the purview of the said Bill through subsequent legislation.
It is proposed to achieve the said objective by amending the proviso to section 3
of Act 35 of 1982.
Hence this Bill.
(Obtained from L.A. Bill No. 379/1983 ) 2
(First published in the Karnataka Gazette Extraordinary on the Eighteenth
day of September, 1982).
(Received the assent of the President on the Twenty-eighth day of August, 1982)
(As Amended by Karnataka Act 15 of 1984)
An Act to prevent disfigurement, by unauthorised advertisements of places open to
public view in the State of Karnataka.
WHEREAS it is expedient to prevent disfigurement, by unauthorised advertisements of
places open to public view in the State of Karnataka.
BE it enacted by the Karnataka State Legislature in the Thirty-second year of the
Republic of India as follows:-

  1. Short title and commencement.- (1) This Act may be called the Karnataka
    Open Places (Prevention of Disfigurement) Act, 1981.
    (2) It shall,-
    (i) be deemed to have come into force in the cities of Bangalore, Mysore, Hubli-
    Dharwar, Mangalore and Belgaum constituted or continued under the Karnataka
    Municipal Corporations Act, 1976 or under any other law, on the fifth day of May 1981;
    (ii) come into force in the municipalities, notified areas, sanitary boards,
    constituted or continued under the Karnataka Municipalities Act, 1964 or under any other
    law, or in any other local area, on such date, as the State Government may by
    notification, appoint and different dates may be appointed in respect of different areas.
  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
    (b) “place open to public view” includes any private place or building monument,
    statue, post, wall, fence, tree or contrivance visible to a person being in, or passing
    along, any public place;
    (c) “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 unauthorised disfigurement by advertisement.- Whoever by
    himself or through another person affixes to, or erects, inscribes or exhibits on, any
    place open to pubic view any advertisement without the written permission of the local
    authority having jurisdiction over such area, shall be punished with imprisonment of
    either description for a term which may extend to six months or with fine which may
    extend to one thousand rupees, or with both:
    Provided that nothing in this section shall apply to any advertisement which,-
    (i) is exhibited within the window of any building if the advertisement relates to the
    trade, profession or business carried on in that building.

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