Maharashtra Prevention of Defacement of Property Act, 1995
No: 8 Dated: May, 02 1995
THE MAHARASHTRA PREVENTION OF DEFACEMENT OF PROPERTY ACT, 1995
ACT No. VIII OF 1995
An Act to provide for the prevention of defacement of property and for matters connected therewith or incidental thereto.
WHEREAS, both Houses of the State Legislature were not in session;
AND WHEREAS, the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to have a special law to provide for the prevention of defacement of any property or place open to public view and to provide for matters connected therewith or incidental thereto; and, therefore, promulgated the Maharashtra Prevention of Defacement of Property Ordinance, 1995, on the 18th January 1995;
AND WHEREAS, it is expedient to replace the said Ordinance by an Act of the State Legislature;
It is hereby enacted in the Forty-sixth Year of the Republic of India as follows :––
1. Short title and commencement:- . (1) This Act may be called the Maharashtra Prevention of Defacement of Property Act, 1995.
(2) It shall be deemed to have come into force on the 18th January 1995
2. Definitions:- 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) “defacement” includes impairing or interfering with the appearance or beauty, damaging, disfiguring, spoiling or injuring in any way whatsoever and the word “deface” shall be construed accordingly;
(c) “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;
(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.
3. Penalty for defacement:- Whoever by himself or through any other person defaces any place open to public view shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both: Provided that nothing in this section shall apply to any advertisement which,—
(i) is exhibited with the written permission of the local authority having jurisdiction over such area in this behalf;
(ii) is exhibited within the window of any building if the advertisement relates to the trade, profession or business carried on in that building; or
(iii) 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
(iv) relates to the name of the land or building upon or over which the advertisement is exhibited, or to the name of the owner or occupier of such land or building; or
(v) 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.