The West Bengal Prevention Of Defacement Of Property Act, 1976

1. (1) This Act may be called the West Bengal Prevention of Defacement of Property Act, 1976. (2) It extends to the whole of West Bengal. (3) It shall apply in the first instance to Calcutta as defined in the Calcutta Municipal Act, 1951, but the State Government may, from time to time by notification in the Official Gazette, apply it to such other local area or areas as may be specified in the notification.

2. In this Act, unless the context otherwise requires,— (a) “defacement” includes impairing or interfering with the appearance or beauty, damaging, disfiguring, spoiling or injuring in any other way whatsover and the word “deface” shall be construed accordingly; (b) “property” includes any building, hut, structure, wall, tree, fence, post, pole or any other erection; (c) “writing” includes decoration, lettering, ornamentation, etc., produced by stencil.

3. (1) 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 extent to six months or with fine which may extent to one 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. An offence punishable under this Act shall be cognizable.

5. Without prejudice to the provisions of section 3, it shall be competent for the State Government to take such steps as may be necessary for erasing any writing, freeing any defacement or removing any mark from any property.

6. The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force.

7. (1) The West Bengal Prevention of Defacement of Property Ordinance, 1976, is hereby repealed. (2) Anything done or any action taken under the West Bengal Prevention of Defacement of Property Ordinance, 1976, shall be deemed to have been validly done or taken under this Act as if this Act had commenced on the 16th day of February, 1976.