[Tamil Nadu Act 59 of 1992]
[Updated as on 1-10-2021] [14th December, 1992] An Act to provide for punishment and
compensation for damage and loss caused to[2][any
property and the public] in the State of Tamil Nadu and matters connected
therewith Be it enacted by the Legislative-Assembly of
the State of Tamil Nadu in the Forty-five Year of the Republic of India as
follows: (1)
[3][This Act may be called the Tamil Nadu
Property (Prevention of Damage and Loss) Act, 1992.] (2)
It shall
come into force at once. In this Act, unless the context otherwise
requires,— (1)
“Government”
means the State Government; (2)
“Mischief”
shall have the same meaning as in Section 425 of the Indian Penal Code; (3)
“Political
party” means a political party recognised by the Election Commission under the
Election Symbols (Reservation and Allotment) Order, 1968; (4)
[4][“Property” means any property, movable or
immovable or machinery owned by or in possession of, or under the control of
any person including—] (a)
the Central
Government; or (b)
the State
Government; or (c)
any local
authority; or (d)
the Tamil
Nadu State Electricity Board; or (e)
any
University in this State; or (f)
any co-operative
society including a land development bank registered or deemed to be registered
under the Tamil Nadu Co-operative Societies Act, 1983; or (g)
any
corporate body constituted under any Act passed by Parliament or the
Legislative Assembly of this State; or (h)
any other
corporation owned or controlled by the Central Government or the State
Government; or [5][(i) any institution concern or undertaking;
or (j) any
company. ExplanationFor the purposes of this clause,
“company” means any body corporate and includes a trust, a firm, a society or
other association of individuals.] Section 3. Punishment for committing mischief in respect
of [6][property] Whoever,— (i)
Commits
mischief by doing any act in respect of any [7][property]
and thereby causes damage or loss to such [8][property]
to the amount of one hundred rupees or upwards; or (ii)
commits
mischief by doing any act which causes or which he knows to be likely to cause
a diminution of the supply of water to the public or to any person for any
purpose or an inundation of, or obstruction to, any public drainage, or (iii) commits mischief by doing any act which
renders any public road, bridge, navigable channel, natural or artificial
impassable or less safe for travelling or conveying property, shall be punished
with imprisonment for a term which shall not be less than one year but which
may extend to five years and with fine: Provided that the Court may, for any adequate
and special reason to be mentioned in the judgment, impose a sentence of
imprisonment for a term of less than one year. Section 4. Mischief causing damage to [9][property] by fire or explosive substance Whoever commits mischief by fire or any
explosive substance intending, to cause or knowing it to be likely that he will
thereby cause damage to any [10][property]
to the amount of one hundred rupees or upwards, shall be punished with rigorous
imprisonment for a term which shall not be less than two years but which may
extend to ten years and with fine: Provided that the Court may for any adequate
and special reason to be mentioned in the judgment, impose a sentence of
imprisonment for a term of less than two years. Whoever commits or instigates, incites or
otherwise abets the act of throwing stones, bricks, soda-bottles or any other
material whatsoever upon the persons travelling in any motor vehicle, shall be
punished with imprisonment for a term which shall not be less than six months
but which may extend to five years and with fine: Provided that the court may, for any adequate
and special reason to be mentioned in the judgment, impose a sentence of
imprisonment for a term of less than six months. ExplanationFor the purpose of this section
“motor vehicle” shall have the same meaning as in clause (28) of Section 2 of
the Motor Vehicles Act, 1988. No person accused or convicted of an offence
punishable under this Act shall, if in custody, be released on bail or on his
own bond unless the prosecution has been given an opportunity to oppose the
application for such release. (1)
When
imposing a sentence of fine for an offence under this Act, the court may when
passing judgment, order the whole or any part of the fine recovered to be
applied— (a)
in defraying
expenses properly incurred in the prosecution; (b)
in the
payment, to any person, of compensation for any loss or injury caused by the
offence; (c)
in replacing
or as the case may be, restoring to the previous state, the [11][property
including any road], bridge, navigable channel, natural or artificial. (2)
If the fine
is imposed in a case which is subject to appeal, no such payment shall be made
before the period allowed for presenting the appeal has elapsed, or, if an
appeal be presented, before the decision of the appeal. (3)
An order
under this section may also be made by an Appellate Court or by the High Court
when exercising its powers of revision. (4)
At the time
of awarding compensation in any subsequent civil suit relating to the same
matter, the Court shall take into account any sum paid or recovered as
compensation under this section. (5)
Save as
otherwise provided, when a court imposes a sentence, of which fine does not
form a part, the court may, when passing judgment order the accused person to
pay, by way of compensation, such amount as may be specified in the order to
the person who has suffered any loss or injury by reason of the act for which
the accused person has been so sentenced. No court inferior to that of a Chief
Metropolitan Magistrate or a Court of Session shall try any offence punishable
under this Act. Notwithstanding anything contained in this
Act, where an offence punishable under this Act has been committed during any
procession, assembly, meeting, agitation, demonstration or any other activity
organised by a political party or communal, language or ethnic group, it shall
be presumed that the offence has also been committed by such political party or
communal, language or ethnic group and such political party or communal,
language or ethnic group shall be liable to pay compensation for damage or loss
caused to any [12][property],
in accordance with the provisions of this Act and the rules made thereunder. [13][(1) Any claim for compensation for damage or
loss caused to the property shall be made by— (i)
any person
who has been affected by such damage or loss; or (ii)
such officer
empowered by the authorities specified in sub clauses (a) to (j) of clause (4)
of Section 2.] (2) Every
application for claim for compensation for damage or loss caused to the [14][Property]
shall be in such form and containing such particulars as may be prescribed. [15][(1) Every claim for compensation for damage
or loss caused to the property shall be made to such authority as may be
prescribed.] (2) In arriving at the quantum of
compensation for damage or loss caused to the [16][property],
the authority prescribed under sub-section (1) shall have regard to— (a)
the value of
the property, (b)
the extent
of damage to the [property]; and (c)
such other
matters as may be prescribed. (3) The
authority prescribed under sub-section (1) in deciding the claim for
compensation shall follow such procedure as may be prescribed. (4) The
authority prescribed under sub-section (1) shall have all the powers of a Civil
Court under the Code of Civil Procedure, 1908 for the purpose of— (a)
taking
evidence on oath; (b)
enforcing
the attendance of witnesses; (c)
discovery
and production of documents and material objects; and (d)
for such
other purposes as may be prescribed: The authority prescribed under sub-section
(1) of Section 11, on determination of the compensation amount [17][for
any damage or loss to property and on the application of the person or the
officer prescribed] under sub-section (1) of Section 10, may issue a
certificate for the amount to the Collector and the Collector shall proceed to
recover the same in the same manner as an arrear of land revenue. Section [18][12-A.
Appeal (1)
Any person
aggrieved by an order made by the authority prescribed under sub-section (1) of
Section II may, within such period and in such manner as may be prescribed,
appeal to such authority as may be specified by the Government in this behalf. (2)
In deciding
the appeal, the authority specified under sub-section (1) shall follow such
procedure as may be prescribed and the decision of such authority on such
appeal shall be final and shall not be called in question in any court of law.] (1)
The
Government may make rules for earning out all or any of the purposes of this
Act. (2)
Without
prejudice to the generality of the foregoing power, such rules may provide for— (a)
the officer
by whom an application for compensation to be made; (b)
the form of
application for compensation and particulars it may contain and fees if any, to
be paid, in respect of the application for compensation; (c)
the
authority to whom the claim for compensation has to be made; (d)
the matters
to be taken into account in arriving at the quantum of compensation by the
authority prescribed under Section II; (e)
the
procedure to be followed in deciding the claim for compensation by the
authority prescribed under Section II; and (f)
any other
matter which is to be or may be prescribed. (3)
Even rule
made or notification issued under this Act shall, as soon as possible after it
is made or issued, be placed on the table of the Legislative Assembly and if,
before the expiry of the session in which it is so placed or the next session,
the Legislative Assembly agrees in making any modification in any such rule or
notification or the Legislative Assembly agrees that the rule or notification
should not be made or issued, the rule or notification 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 or notification. The provisions of this Act shall be in
addition to, and not in derogation of, any other law for the time being in
force and nothing contained herein shall exempt any person from any proceeding
by way of investigation or otherwise which might, apart from this Act, be
instituted against him. The Tamil Nadu Public Property (Prevention of
Destruction and Loss) Act, 1982 is hereby repealed. [1] Received the
assent of the President on December 14, 1992 and published in the T.N. Gaz.,
Extra., Part IV, Section 2, dated 23rd December, 1992. [2] Subs. for “the
public property and the public” by Tamil Nadu Act 46 of 1994, S. 2, dt.
4-8-1994. [3] Subs. by Act 48
of 1994, S. 3, dt. 4-8-1994. [4] Subs. by Act 46
of 1994, S. 4(1), dt. 4-8-1994. [5] Subs. by Act 46
of 1994, S. 4(2), dt. 4-8-1994. [6] Subs. for
“public property” by Act 46 of 1994, S. 5, dt. 4-8-1994. [7] Subs. for
“public property” by Act 46 of 1994, S. 5, dt. 4-8-1994. [8] Subs. for
“public property” by Act 46 of 1994, S. 5, dt. 4-8-1994. [9] Subs. for
“public property” by Act 46 of 1994, S. 5, dt. 4-8-1994. [10] Subs. for
“public property” by Act 46 of 1994, S. 5, dt. 4-8-1994. [11] Subs. for
“public property including any public road” by Act 46 of 1994, S. 7, dt.
4-8-1994. [12] Subs. for
“public property” by Act 46 of 1994, S. 8, dt. 4-8-1994. [13] Subs. by Act 46
of 1994, S. 8, dt. 4-8-1994. [14] Subs. for
“public property” by Act 46 of 1994, S. 9(2), dt. 4-8-1994. [15] Subs. by Act 46
of 1994, S. 10(1), dt. 4-8-1994. [16] Subs. for
“public property” by Act 46 of 1994, S. 10(2), dt. 4-8-1994. [17] Subs. for “for
any damage or loss to the public property and on the application of the officer
prescribed” by Act 46 of 1994, S. 11, dt. 4-8-1994. [18] Ins. by Act 46
of 1994, S. 12, dt. 4-8-1994.Tamil Nadu Property
(Prevention of Damage and Loss) Act, 1992[1]
Section 5. Punishment for throwing stones, bricks, etc.,
upon persons travelling in motor vehicles
Section 12. Recovery of compensation as arrear of land
revenue