[4
OF 2023] [17th
March 2023] An Act to provide for the
prevention of defacement and disfigurement of properties and open places. WHEREAS, it is expedient in
the public interest to provide for the prevention of defacement and
disfigurement of properties and open places and for matters connected therewith
or incidental thereto; Be it enacted in the
Seventy-fourth year of the Republic of India, by the Manipur Legislative
Assembly, as follows: (1)
This Act may be called the Manipur Properties
and Open Places (Prevention of Defacement and Disfigurement) Act, 2023. (2)
It extends to the whole of the State of
Manipur, (3)
It shall apply in the first instance to areas
of Imphal Municipal Corporations and District Headquarters town, but the State
Government may, from time to time by notification in the Official Gazette,
apply it to such other local area or areas as may be specified in the
notification. (a)
"advertisement" includes any effigy
or any bill, notice, document, paper or other thing containing any words, signs
or visible representations; (b)
"defacement" includes impairing or
interfering with the appearance or beauty, damaging, disfiguring, spoiling or
injuring in any other way whatsoever and the word "deface" shall be
construed accordingly; (c)
"District Magistrates" means
District Magistrates within respective jurisdictions of the districts of
Manipur; (d)
"Government; means Government of
Manipur; (e)
"objectionable advertisement" means
any advertisement which is likely to - (i)
incite any person to commit murder, sabotage
or any offence involving violence; or (ii)
seduce any member of any of the armed forces
of the Union or of the police forces from his allegiance or his duty, or
prejudice the recruiting of persons to serve in any such force or prejudice the
discipline of any such force; or (iii)
incite any section of the citizens of India
to acts of violence against any other section of the citizens of India; or
which- (a)
is deliberately intended to outrage the
religious feelings of any class of the citizens of India by insulting or
blaspheming or profaning the religion or the religious beliefs of that class;
or (b)
is grossly indecent, or is scurrilous or
obscene or intended for blackmail; Explanation- An
advertisement shall not be deemed to be objectionable merely because words or
signs or visible representations are used - (1)
expressing disapprobation or criticism of any
law or of any policy or administrative action of the Government with a view to
obtain its alteration or redress by lawful means; (2)
criticising any social or religious practices
without malicious intention and with an honest view to promote social or
religious reform or social justice; (f)
"place open to public view"
includes any private place or building, monument, statue, post, wall, fence,
tree or other thing, contrivance visible to a person being in, or passing along,
any public place; (g)
"property" means any property-
Government or Private including any building, hut, structure, monument, Statue,
wall, tree, fence, post pole or any other erection except those specified or
specificized or identified places as may be allowed by the District Magistrate
or such Officer authorised by the State Government from time to time; (h)
"public place" means any place
(including a road, street or way, whether a through fare 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; and (i)
"writing" includes decoration,
lettering, ornamentation, etc., produced by stencil or in any manner. (1)
Whoever defaces any property in public view
by defacing or spitting or urinating or pasting pamphlets, posters etc. or
writing or marking with ink, chalk, paint or any other material or method
except for the purpose of indicating the name and address of the owner or
occupier of such property, shall be punishable, in case of first offence, with
imprisonment for a term which may extend to six month or with fine which shall
not be less than five thousand rupees but which may extend to ten thousand
rupees or with both, and in case of each subsequent offence, with imprisonment
for a term which may extend to one year or with fine which shall not be less
than ten thousand rupees but which may extend to twenty thousand rupees or with
both. (2)
Whoever by himself or through another person
affixes to, or erects, inscribes or exhibits on, any place open to public view
any objectionable advertisement / any advertisement without the written
permission of the Competent Authority having jurisdiction over such area, shall
be punishable, in case of first offence, with imprisonment for a term which may
extend to one year or with fine which shall not be less than twenty five
thousand rupees but which may extend to fifty thousand rupees or with both, and
in case of each subsequent offence, with imprisonment for a term which may
extend to two years or with fine which shall not be less than fifty thousand
rupees but which may extend to two lakh 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; or (v)
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). (3)
The owner or the occupier of a private property,
after giving written consent, may permit, any person or persons, contesting an
election, to which the Representation of the People Act, 1951 [No. 43 of 1951]
is applicable, either as an independent candidate or on the symbol of a
recognized political party, to use his private property for the purpose of
election campaign during the period notified by the Election Commission for the
completion of the process of that election. For the purpose of this sub-
section private property means property which is owned or in lawful possession
of a person or persons and is not used for any public purposes what so ever. (1)
Any offence of defacement whether committed
before or after the commencement of this Act punishable under Section 3, may
either before or after the institution of the prosecution, be compounded by
such officers or authorities and for such amount as the Government may, by
notification in the Official Gazette, specify in this behalf. (2)
Where an offence has been compounded under
sub-section (1), the offender, if in custody, shall be discharged and no
further proceedings shall be taken against him in respect of such 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 anybody corporate and includes
a firm or other association of individuals; and (b)
director in relation to a firm, means a
partner in the firm. (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. Provided that no such order
shall be made after the expiry of a period of two years from the date of
commencement of this Act.Manipur
Properties And Open Places (Prevention Of Defacement And Disfigurement) Act,
2023
In this Act, unless the context otherwise requires, -
State Government is empowered to authorise District Magistrates or any other
Officer in the interest of tourism and economic activities of the State who may
allow displaying of any board or hoarding at any public place and, for
activities necessitating digging of a public road, allow such digging, on such
terms and conditions and on payment of such rates of royalty as may be notified
by the Government in the Official Gazette.
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 attempts to commit any offence punishable under this Act or to cause
such offence to be committed and in such attempt does any act towards the
commission of the offence, shall be punishable with punishment provided for the
offence.
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.
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.
All Offences under the Act shall be tried in a summary way by any Magistrate of
first class, and the provisions of Section 262 to 265 (both inclusive) of the
Code of Criminal procedure, 1973 shall apply to such trials.
Without prejudice to the provisions of section 3, it shall be competent for the
Government, as the case may be, to take such steps as may be necessary for
erasing any writing, freeing any defacement or removing any mark from any place
open to public view and to realize the costs from the person responsible for
such defacements as an arrear of land revenue.
It shall be the duty of the District Magistrates, Commissioner of Imphal
Municipal Corporation and any Officer specially authorised by the State
Government in this regard, by issue of orders, to see that the provisions of
this Act are strictly enforced within the area of jurisdiction and in the
exercise of their duties and performance of their powers under this Act, shall
be guided by such general instructions as may be issued by the State Government
from time to time.
No suit, prosecution or legal proceedings shall lie against the Government or
the District magistrate, or the Authorised Officer for anything which is in
good faith or in public interest done or intended to be done under this Act.
The provisions of this Act shall have effect notwithstanding anything to the
contrary contained in any other State law for the time being in force and not
in derogation of, the provisions of any other law for the time being in force.
If any difficulty arises in giving effect to the provisions of this Act, the
State Government may as occasion requires, by order, do anything not
inconsistent with the objects and purposes of this Act, which appears to it to
be necessary or expedient for the purpose of removing the difficulty: