DELHI DEFACEMENT OF PROPERTY ACT, 2007 : Enforced

DELHI DEFACEMENT OF PROPERTY ACT, 2007 : Enforced New Delhi | Monday, Mar 2 2009 IST The Delhi Prevention of Defacement of Property Act 2007 (Delhi Act (1) of 2009), aimed at preventing Defacement of Properties in the national capital through banners and posters and to help in improving the beauty and aesthetics has been enforced. The Bill, passed by the Delhi Legislative Assembly, received the assent of the President on January 17, 2009. The Act came into force in the whole of Delhi yesterday. With the act coming into force, the West Bengal Prevention of Defacement of Property Act 1976 as extended to the National Capital Territory of Delhi ceases to have effect except in respect of things done or committed to be done before the commencement of this Act. Section 3(1) of the Act provides that whoever defaces any property in public view by writing or marking with ink, chalk, paint or any other material except for the purpose of indicating the name and address of the owner or occupier of such property, shall be punishable with imprisonment for a term, which may extend to one year, or with fine, which may extend to fifty thousand rupees, or with both. The Act further provides that where any offence committed is for the benefit of some other person or entity then such other person or office bearers / owners / managers / officers / agents of the entity shall also be liable to be booked for the offence. The Act, which has eight sections, defines defacement as impairing or interfering with the appearance or beauty, damaging, disfiguring, spoiling or injuring in any other way whatsoever. Property includes any building, hut, structure, wall, tree, fence, post, pole or any other erection and writing includes printing, painting, decoration, lettering, ornamentation produced by stencil. The offence punishable under this Act shall be cognizable. A cognizable offence is one where the Police officer can arrest a person without warrant. Any person can lodge an FIR regarding defacement of property with the Police Station concerned. The matter will be tried in the court of competent jurisdiction. The offence is compoundable by such officers or authorities for such amount as the government may, by notification in the official Gazette, specify in this behalf. The provisions of this Act shall not be applicable to advertisements displayed at duly authorised public spaces for advertising by appropriate authorities. Defacement of property is a growing menace in Delhi and the sight of banners, posters and other kinds of defacement on property is not uncommon. The agencies carry out action against the defacement in their areas from time to time. However, it was felt that the provisions of the West Bengal Prevention of Defacement of Property Act, 1976 as extended to Delhi from March, were largely ineffective due to lacking sufficient teeth.

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