Prevention of damage to public property act, 1984 (act 3 of 1984, 16th march, 1984)
Sanjeev Kumar
(Querist) 19 May 2015
This query is : Resolved
Is damage of Private Hospital property due to agitation comes under section 3 of Prevention of Damage to Public Property Act,1984?
P. Venu
(Expert) 20 May 2015
The Act defines the term 'Public property' in broad terms:
(b) “Public property” means any property, whether immovable or movable (including any machinery) which is owned by, or in the possession of, or under the control of-
(i) The Central Government; or
(ii) Any State Government; or
(iii) Any local, authority; or
(iv) Any corporation established by, or under, Central, Provincial or State Act; or
(v) Any company as defined in Section 617 of the Companies, Act, 1956 (1 of 1956); or
(vi) Any institution, concern or undertaking which the Central Government may, notification in the Official Gazette, specify in this behalf-
Provided that the Central Government shall not specify any institution concern or undertaking under this sub-clause unless such institution, concern or undertaking is financed wholly or substantially by funds provided directly or indirectly by the Central Government by one or more State Governments, or partly by the Central Government and partly by one or more State Governments.
malipeddi jaggarao
(Expert) 20 May 2015
I hope you the author got the answer with the information provided by expert Mr.Venu.
Guest
(Expert) 20 May 2015
Rather, he received a good answer to solve his academic exercise, as he did not mention how he was concerned with the isue and what actually was his problem and purpose to ask such a query.
Sanjeev Kumar
(Querist) 21 May 2015
My close relative died in private hospital. My angry relatives damages the private hospital property. The hospital filed an FIR angainst me as my name was there in admission form.according to FIR the damage is around 2 Laks.The sections which is imposed on me are 147,148,342,427,504,506,323 IPC & under section 3 damage of public property act. please suggest what i will do? should i go for anticipatory bail?Is damage of Private Hospital property due to agitation comes under section 3 of Prevention of Damage to Public Property Act,1984?
P. Venu
(Expert) 21 May 2015
Were you present at the site when the incidents leading to alleged damage record? I f not, are you in a position to substantiate the same?
T. Kalaiselvan, Advocate
(Expert) 22 May 2015
This appears to be an offence under the quoted section. Therefore the liability has to be accepted.
Sanjeev Kumar
(Querist) 22 May 2015
i was only present at the site when incident occur, not involve in any offensive activity.
T. Kalaiselvan, Advocate
(Expert) 24 May 2015
You can defend yourself at the time of trial but cannot raise objection now at this stage.
