KARNATAKA OPEN PLACES
(PREVENTION OF DISFIGUREMENT) ACT, 1981 THE KARNATAKA OPEN PLACES (PREVENTION OF DISFIGUREMENT)
ACT, 1981 [ACT No. 35 OF 1982] [28th August, 1982] 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)
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; and (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. 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 representation; (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. 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; or (ii)
relates to the trade, profession or business
carried on within the land or building upon or over which such advertisement is
exhibited or to any sale or letting of such land or building or any effects
therein or to any sale, entertainment or meeting to be held on or upon or in
the same; or (iii)
relates to the name of the land or building,
upon or over which the advertisement is exhibited, or to name of the owner or
occupier of such land or building ; or (iv)
relates to the business of a railway
administration and is exhibited within any railway station or upon any wall or
other property of a railway administration. (v)
[1] [is affixed to or exhibited on any ancient and
historical monument declared to be of national importance under the Ancient
Monuments and Archaeological Sites and Remains Act, 1958 ( Central Act XXIV of
1958).][2]
Where
a person is prosecuted for committing an offence under section 3, the burden of
proving that he has the written permission referred to in that section shall be
on him. Whoever
in any manner whatsoever causes, procures, counsels, aids, abets or is
accessory to, the commission to any offence under section 3 shall on conviction
be punished with the punishment provided for the offence. (1)
If the person committing any offence
punishable under this Act is a company, every person who, at the time when the
offence was committed, was in charge of; and responsible to the company for the
conduct of the business of the company, as well as the company, shall be deemed
to be guilty of the offence, and shall be liable to be proceeded against and
punished accordingly: Provided
that nothing contained in this sub--section shall render any such person liable
to any punishment provided in this Act if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence. (2)
Notwithstanding anything contained in
sub--section (1), where an offence under this Act has been committed by a company
and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any gross negligence on the part of any
director, manager, secretary or other officer of the company, he shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly. Explanation.--For
the purpose of this section,-- (a)
'company' means any body corporate and
includes a firm or other association of individuals ; and (b)
'director' in relation to a firm, means a
partner in the firm. No
suit, prosecution or other legal proceeding shall lie against the State
Government, any local authority or person for anything which is in good faith
done or intended to be done under this Act. Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of
1974) any offence punishable under this Act shall be deemed to be a cognizable
offence within the meaning of that code. The
provisions of this Act are in addition to, and not in derogation of, the
provisions of any other law for the time being in force. (1)
The State Government may make rules for the
purpose of carrying out the provisions of this Act. (2)
Every rule made by the State Government under
this Act shall be laid, as soon as may be after it is made, before each House
of the State Legislature, while it is in session for a total period of thirty
days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be, so however that any such modification or annulment
shall be without prejudice to the validity of anything previously done under
that rule. (1)
The Karnataka Open Places (Prevention of
Disfigurement) Ordinance, 1981 ( Karnataka Ordinance 10 of 1981) is hereby
repealed. (2)
Notwithstanding such repeal anything done or
any action taken under the said Ordinance shall be deemed to have been done or
taken under this Act.
Preamble 1 - KARNATAKA OPEN PLACES (PREVENTION OF DISFIGUREMENT) ACT, 1981PREAMBLE