The Manipur Properties and Open Places (Prevention of Defacement and Disfigurement) Act, 2023

Short title, extent and commencement.-

1. (1) This Act may be called the Manipur Properties and Open Places (Prevention of Defacement and Disfigurement) Act, 2023.
2. (2) It extends to the whole of the State of Manipur.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions.- In this Act, unless the context otherwise requires,-

1. (a) "defacement" includes impairing or at least seeming to impair the disfigurement or damaging or spoiling or injuring the appearance or beauty of any property;
2. (b) "disfigurement" includes painting, writing, nailing, affixing, pasting, drawing any figure, putting up of poster, hanging of banner, hoarding, board, neon sign, or other such material or thing for the purpose of advertisement or propaganda, or otherwise causing any damage to the property;
3. (c) "Government" means the State Government of Manipur;
4. (d) "Notification" means a notification published in the Official Gazette;
5. (e) "Property" includes any building, hut, monument, statue, water tank, bund, embankment, house, wall, fence, post, poll, tree, or any other site or structure whether public or private;
6. (f) "Prescribed" means prescribed by rules made under this Act.

Penalty for defacement of property. -

1. (1) Whoever defaces any property in public view by writing or marking with ink, chalk, paint or any other material, or by fixing any notice, poster or banner, or by any other means, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to fifty thousand rupees, or with both.
2. (2) Where any offence committed under sub-section
3. (1) is for the benefit of some other person or to give publicity to any cause or hearing, such other person or the person who is causing to exhibit the notice, poster or banner, shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.

Penalty for abettors. - Whoever abets any offence punishable under this Act shall, whether or not the act abetted is committed in consequence of the abetment, be punishable with the punishment provided for the offence.

Offence to be cognizable: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), any offence punishable under this Act shall be deemed to be a cognizable offence within the meaning of that Code.

Power of State Government to get defacement erased: Without prejudice to the provisions of section 3, it shall be competent for the State Government or any officer authorized by it in this behalf, to take such steps as may be necessary for erasing any writing, freeing any defacement or removing any mark from any property and the expenses incurred thereof shall be recovered from the person who has caused such defacement or disfigurement or, if such person is not identifiable, from the person who has directly or indirectly benefited from such defacement or disfigurement, as arrears of land revenue.

Indemnity: No suit, prosecution or other legal proceedings shall lie against the State Government or any officer or authority for anything which is done or intended to be done in good faith in pursuance of this Act or any rule made thereunder.

Power to make rules:

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly of Manipur, while it is in session, for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

-1 9. Power to remove difficulties.—

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly of Manipur.