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:-
- (I) This Act may be called the West Bensal Preven~ionof Shon rirlc.
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.
- 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.
- (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.itr
bly, 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,
o~pmpcrly,The Wcsr Brjrgol Prevcnrio~ruf DrJu~-eniet~rof Properly
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.
- The provisions of this ACI shall have eirect noiwiths~anding
anything lo [he contrary conrained in any other law for rhc lime bcing
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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