Defacement, Property, Writing

AI~Acr lo provide for !he pre vr.rrrio!i of cl~fircerrrcrrtofprol~erty.
WIIEWASit is expedient in the public intercst 10provide Tor the
preventionofdcfacen~entofproperly and for mnttcrs connected lherewith
ar incidental therero;
It is hereby cnncled in the Twenly-seventh Year OF the Republic aF
India, by the Legislature oC Wesl Bengal, as follows:-

  1. (I) This Act may be called the West Bensal Preven~ionof Shon rirlc.
    crlcllr and
    Act XXXlIl
    or 1951.
    Defacemen1 of Property Acl 1976.
    (2) It extends lo l11c whole of Wcsl Bengal.
    (3) It shall apply in the firs1 inslance to Calcultn as defined in the
    Calcutta Municipal Act, 1951, but the State Govcmmcnr may, from time
    to time by nolificalioa in the Oficil~llGnzerre,’apply it lo such other local
    area or areas as may be spcciiied in the no~ificacion.
  2. In this Act, unless the conrexl otherwise requires,-
    (a) “dehcement” includcs impairing or inlcrfcring wilh the
    appearance or bc;lu~y.damaging, disfiguring, spoiling or
    injuring in any othrr way whalsoever and the word “dchcc”
    shall be conslrued accordingly;
    (b) “property” includes any building, hul, slrucmre, wall, tree,
    fence, posr. pole or any orhcr erecrion;
    (c) “writing” includesdecoration, lettering, ornilmenlation, etc.,
    produced by stencil.
  3. (I) Whoever defaces any property in public view by writing or
    marking with ink, chalk, paint or any orher niatcrial, except for thc
    purpose of indicating the namc and address of the owner or occupier of
    such properly, shall be punishable with imprisonment for a term which
    may exlcnd LO sir;monlhsor wilh fine which may cxtcnd to one thousand
    rupees or with bo111.
    ‘Fur Sraremcnt of Objccrs and Reuons. scc rhc Cnlcrrrrn Ga;dte, hirtrordit~n~,
    Pan 1V. of lhc 3rd March, 1976; lor pmccdings or Wtq1 Bcngnl Lxgislalivc As.itrbly, Jcr lhe pm~cdingsolrhc mccring of $ha1Asscmbly held on ~hr:61h Marcl~,1916. -%is Acl is applicnblc lo Lhc Municipllity oliiownh and ID the Jilgdchnand Sankrail Policc >ralions in thc Dislric~oTHowr~h,vide norificarion No. 1906 P.S.. darcd rhc ?Is1 Augusl. 1976,published inIhc CulutrnGazerre.E~rruurdinuq~, Pnn 1, of thc 2 1st Augusl,
    Penalty Tor
    o~pmpcrly,The Wcsr Brjrgol Prevcnrio~ruf DrJu~-eniet~rof Properly
    Acf, 1976.
    West Bcn. Act XXLof 1976.1
    (2) -Where any offence commitled under sub-seclion (1) is for the
    benefit of some other person ar a company or olher body corporate or
    an associariun ufpersuns (whether incorporiltedor nal), [hen, such other
    person and every presiden~,chairman,direclor, pmner, manager,secretary,
    agcnt or any othcr officer or person concerned wi~hthe management
    thereof, as the casc may be, shall, unless he proves that [he offence was
    commirred without his knowledge or consent, be deemed lo be guilty
    or such ofreence.
    Oticnce ro 4. An fiflence punishable under [his Act shall bc cognizable.
    Pwcrof 5. WirhouL prejudice to the provisions of section 3, it shall be
    Govcnlmcnr compelen1 For [he Slate Government to take such steps as may be
    necessary for erasing any wiling, frccing any defacement or removing
    any mark From any property.
  4. The provisions of this ACI shall have eirect noiwiths~anding
    anything lo [he contrary conrained in any other law for rhc lime bcing
    in force.
    wiling, clc.
    ACI la
    uvvrridc othcr
    Re~aland 7. (1) Thc Wesl Bengal Prevention of Defacement of Property IJ’cst Bcn.
    OM. IX or
    Ordinance, 1976, is hereby repealed. 1976.
    [2) Anyrhing done or any aclion taken under the West Bengal
    Prevention of Defacement of Propeny Ordinance, 1976,shall be dcemed
    to hnve heen validly done or ~akenunder this Act as if this ACLtiad
    commenced on the 16th day of February, 1976.

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