Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Rajasthan Prevention Of Defacement Of Property Act, 2006 13 of 2006 CONTENTS 1. Short Title, Extent And Commencement 2. Definitions 3. Penalty For Defacement Of Property 4. Punishment For Attempt To Commit Offence 5. Punishment For Abettor 6. Offence To Be Cognizable 7. Power To Erase Writing Etc. 8. Power To Compound Offence 9. Indemnity 10. Act To Override Other Laws 11. Power To Make Rules 12. Repeal And Savings Rajasthan Prevention Of Defacement Of Property Act, 2006 13 of 2006 An Act to provide for the prevention of defacement of property and for matters connected therewith or incidental thereto. Be it enacted by the Rajasthan State Legislature in the Fifty-seventh Year of the Republic of India, as follows:-- 1. Short Title, Extent And Commencement :- (1) This Act, may be called the Rajasthan Prevention of Defacement of Property Act, 2006. (2) It shall extend to the municipal areas of the State of Rajasthan. (3) It shall be deemed to have come into force on and from 17-1-2006. 2. Definitions :- In this Act, unless the context otherwise requires,-- (a) "defacement" included impairing or interfering with the appearance or beauty, damaging, disfiguring, spoiling or injuring in any way whatsoever and the word "deface" shall be constructed accordingly; (b) "municipal area" and "municipality" shall have the same meanings as assigned to them in the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959); (c) "property" included any building, hut, monument, statue, water pipe line, public road, structure, wall including compound wall, tree, fence, post pole or any other erection as may be notified by the State Government from time to time; (d) "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; (e) "public view" means anything which is visible to public while they are in or passing along any public place; and (f) "writing" includes decoration, lettering, ornamentation, etc., produced by stencil. 3. Penalty For Defacement Of Property :- (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 one month or with fine which shall not be less than one hundred rupees but which may extend to one thousand rupees or with both, and in case of each subsequent offence, with imprisonment for a term which may extend to one month or with fine which shall not be less than two hundred rupees but which may extend to two thousand rupees or with both. (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. 4. Punishment For Attempt To Commit Offence :- Whoever attempts to commit any offence punishable under this Act or causes such offence to be committed and in such attempt does any act towards the commission of the offence, shall be punishable with the punishment provided for the offence. 5. Punishment For Abettor :- Any person who by the supply of or solicitation for money, the providing of premises, the supply of materials or in any manner whatsoever, procures, counsels, aids, abets, or is accessory to, the commission of any offence under this Act shall be punished with the punishment provided for the offence. 6. Offence To Be Cognizable :- An offence punishable under this Act, shall be cognizable. 7. Power To Erase Writing Etc. :- Without prejudice to the provisions of section 3, it shall be competent for the municipality or any officer authorised by it in this behalf, to take such steps as may be necessary for erasing any writing, freeing any defacement or removing any mark from any property. 8. Power To Compound Offence :- It shall be competent for the municipality or any officer authorised by it in this behalf to withdraw any prosecution, or to compound a n y offence committed, under this Act, on such terms and conditions as may be prescribed. 9. Indemnity :- No suit, prosecution or other legal proceedings shall lie against the Government, any local authority or person for anything which is in good faith or in public interest due or intended to be done under this Act. 10. Act To Override Other Laws :- T he provisions of this Act shall have effect notwithstanding any thing to the contrary contained in any other law for the time being in force. 11. Power To Make Rules :- The State Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act. (2) All rules made under this Act, shall be paid, as soon as may be, after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such 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 thereunder. 12. Repeal And Savings :- (1) The Rajasthan Prevention of Defacement of Property Ordinance, 2 0 0 6 . (Ordinance No. 2 of 2006) is hereby repealed. (2) Notwithstanding such repeal, all things done, actions taken or orders made under the said Ordinance shall be deemed to have been done, taken or made under this Act.