The Jammu and Kashmir Public Property (Prevention of Damage) Act, 1985

1. (1) This Act may be called the Jammu and Kashmir Public Property (Prevention of Damage) Act, 1985.
2. (2) It extend to the whole of the Jammu and Kashmir State.
3. (3) It shall come into force at once.

In this Act, unless the context otherwise requires,—

1. (a) “mischief” shall have the same meaning as in section 425 of the State Ranbir Penal Code, Samvat 1989 ;
2. (b) “public property” means any property, whether immovable or moveable (including any machinery) which is owned by, or is 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 a Central or a State Act ; or
   • (v) any company as defined in section 617 of the Company Act, 1956 ; or
   • (vi) any institution, concern or undertaking which the Government may by notification in the Government Gazette, specify in this behalf : Provided that the 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 State Government or by the Central Government and/or partly by one or more State Governments.

1. (1) Whoever commits mischief by doing any act in respect of any public property, other than public property of the nature referred to in sub-section
2. (2) shall be punished with imprisonment for a term which may extend to five years and with fine.
3. (2) Whoever commits mischief by doing any act in respect of any public property being—
   • (a) any building, installation or other property used in connection with the production, distribution or supply of water, light, power or energy ;
   • (b) any oil installation ;
   • (c) any sewage works ;
   • (d) any mine or factory ;
   • (e) any means of public transportation or of tele-communications, or any building, installation or other property used in connection therewith ; shall be punished with rigorous imprisonment for term which shall not be less than six months, but which may extend to five years and with fine :

Mischief causing damage to public property by fire or explosive substance Whoever commits an offence under sub-section

1. (1) or sub-section
2. (2) of section 3 by fire or explosive substance shall be punished with rigorous imprisonment for a term which shall not be less than one year, but which may extend to ten years and with fine :

Special provisions regarding bail No person accused or convicted of an offence punishable under section 3 or section 4 shall, if in custody, be released on bail on or his own bond unless the prosecution has been given an opportunity to oppose the application for such release.

The provision of section 259-A and 259-B of the Code of Criminal Procedure, Samvat 1989 shall as far as may be, apply to every trial relating to any offence under this Act.

The provisions of this Act shall be in addition to, and not in derogation of, provisions of any other law for the time being in force and nothing contained in this Act shall exempt any person from any proceeding (whether by way of investigation or otherwise) which might, apart from this Act be instituted or taken against him.