Goa, Daman and Diu - West Bengal Prevention of Defacement of Property Act, 1976
(West Bengal Act 21 of 1976)
Goa002
Ministry of Home Affairs Notification
G.S.R. 297(E). - In exercise of the powers conferred by section 6 of the Goa, Daman and Diu (Administration) Act, 1962 (1 of 1962), the Central Government hereby extends to the Union Territory of Daman and Diu, the West Bengal Prevention of Defacement of Property Act, 1976 (West Bengal Act XXI of 1976), as in force in the State of West Bengal, subject to the following modifications namely :-Modifications
1. In Section 1, for sub-sections (2) and (3), the following sub-sections shall be substituted, namely:- "(2) It extends to the whole of the Union Territory of Daman and Diu. (3) It shall come into force at once". 2. In section 2,(i) clause (a) shall be renumbered as clause (aa) thereof and before clause (aa) as so renumbered, the following clause shall be inserted, namely:-
'(a) "Administrator" means the Administrator of the Union Territory of Daman and Diu appointed by the President under article 239 of the Constitution';
(ii) for clause (b), the following clause shall be substituted, namely:-
'(b) "Property" includes any building, hut, structure, wall, tree, fence, post, pole or any other erection or monument declared as of national importance;'
3. In section 5, for the words "State Government", the word "Administrator" shall be substituted. 4. Section 7 shall be omitted.Annexure
The West Bengal Prevention of Defacement of Property Act, 1976 as extended to the Union Territory of Daman and Diu
West Ben. Act XXXIII of 1951 |
1. (1) This Act may be called the West Bengal Prevention of
Defacement of Property Act, 1976. |
Short title, extent and application. |
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2. In this Act, unless the context otherwise
requires,- |
Definitions |
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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 extend to six months or with fine which may extend to one thousand rupees or with both. |
Penalty for defacement of property |
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(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. |
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Offence to be cognizable |
4. An offence punishable under this Act shall be cognizable. |
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Power of State Government to erase writing, etc. |
5. Without prejudice to the provisions of section 3, it shall be competent for the State Government to take such steps as may be necessary for erasing any writing, freeing any defacement or removing any mark from any property. |
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Act to override other laws |
6. The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force. |
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Repeal and savings |
7. (1) The West Bengal Prevention of Defacement of Property
Ordinance, 1976 is hereby repealed. |
West Bengal Ord. IX of 1976 |