The Guwahati Prevention of Defacement of Property Act, 2006
Registered No. 768/97

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T° 16 20 vKl^rft, 2007, 30 1928 ( ^ )

No. 16 Dispur, Saturday, 20th January, 2007, 30th Pausha, 1928 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH

**NOTIFICATION**

The 19th January, 2007

**No. LGL.68/2006/11.-** The following Act of the Assam Legislative Assembly which

received the assent of the Governor is hereby published for general information.


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(Received the Assent of the Governor on 12th January, 2007)

**THE GUWAHATI PREVENTION OF DEFACEMENT OF PROPERTY ACT, 2006**

**AN**

**ACT**

to provide for the prevention of defacement of property or place open to

public view and for matters connected therewith or incidental thereto:

Preamble Whereas it is expedient to provide for the

prevention of the defacement of heritage sites,

structures, signages, compound walls, public places all

over the Guwahati Municipal Corporation or the Guwahati
Metropolitan Development Authority area/ areas for

protection and preservation of natural beauty, cleanliness
and environment of the said areas ;

It is hereby enacted in the Fifty seventh year of

the Republic of India as follows:

Short title, This Act may be called the Guwahati Prevention of

extent and defacement of Property Act, 2006.

commence­ It extends to whole of the areas under the

ment Guwahati Municipal Corporation and the Guwahati

Metropolitan Development Authority.

(3) It shall come into force at once.

Definitions 2. In this Act, unless the context otherwise requires -

a) “advertisement” means any printed, cyclostyled,

typed or written notice, document, paper or

any other thing containing any letter, word,

picture, sign or visible representation;

b) “Collector” means Collector of the Kamrup

(Metro) District or any other officer not below the
rank of Extra Assistant Commissioner

empowered by the Collector;

c) “defacement” includes impairing or interfering

with the appearance or beauty, damaging,
disfiguring, spoiling or injuring in any way
whatsoever and the word “deface" shall be
construed accordingly.

d) “Government” means the Government of Assam.

e) “place open to public view” includes any private

place or building, public offices, hut, monument,
statue, water pipe line, structures, wall including
compound wall, retaining wall, tree, fence post,


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granted access or have a right to resort or over
which they have a right to pass ;

_g) “writing”_ includes decoration, lettering,

ornamentations, drawing caricature and other
modes for representing or reproducing words or
figures in visible form ;

Penalty for 3. (1) Whoever, by himself or through any other person

defacement defaces any place open to public view by defacing or

of property pasting of pamphlets, posters, banners or writing or

marking with inks, chalks, paint or any other material or
method shall be punishable with a fine which shall not
be less than Rs. two thousand and not more than
Rupees five thousand :
Provided that nothing in this section shall apply to any

advertisement which, -

i) is exhibited with the written permission of the

Guwahati Municipal Corporation, or the Guwahati
Metropolitan Development Authority, as the case
may be, having jurisdiction in this behalf.

ii) is exhibited within the premises of any

building, of the advertisement relates to the trade,
profession or business carried on that building,

or

iii) relates to the trade, profession or business carried

on within the land or building upon or over

which such advertisement is exhibited or to

any sale, entertainment or meeting to be held on
or upon or in the same, or

iv) relates to the name of the land or

building upon or over which the

advertisement is exhibited, or to the name of the

owner or occupier of such land or building ;

v) relates to the business of Central Government

and is exhibited upon any wall or other property of
Central Government.

(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 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. Whoever attempts to commit any offence punishable

Punishment

under this Act or to cause such offence to be committed


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Punishment
for abettors by providing or permitting, supply of materials, aids,

abets or is accessory to the commission of any offence

A

under this Act shall be punishable with the punishment
proved for the offence.

Offences to

6. An offence punishable under this Act shall be
b@

cognizable cognizable and bailable.

7. Without prejudice to the provisions of section 3, it shall

Power to be competent for the Government or the Guwahati

erase writing Municipal Corporation, or the Guwahati Metropolitan
Development Authority, as the case may be, to take

such steps as may be necessary for erasing any
writing, freeing any defacement or removing any mark
from any place open to public view and to realize the
costs from the person responsible for such

defacements as an arrear of land revenue.

8. All offences under the Act shall be tried in a summary

Offence to Central

way by any Magistrate of the first class, and the

be tried Act No. 2

summarily provisions of sections 262 to 265 (both inclusive) of the of 1973

code of Criminal Procedure, 1973, shall apply to such

. trials.

Powers of the 9. It shall be the duty of the Collector, Commissioner,

Guwahati Guwahati Municipal Corporation and the Chief
Municipal Executive Officer, Guwahati Metropolitan Development

Corporation &

Authority to see that the provisions of this Act are

the Guwahati
Metropolitan strictly enforced within the area of their jurisdiction and
Development in the exercise of their duties and performance of their
Authority. powers under this Act, the said Corporation and the

Authority, as the case may be, shall be guided by such
general instructions as may be issued by the

Government from time to time.

10. No suit, prosecution or other legal proceedings shall

Protection of

action taken lie against the Government or Collector, or any officer
in good faith of Guwahati Municipal Corporation or the Guwahati

Metropolitan Development Authority or any person for
anything which is in good faith or in public interest
done or intended to be done under this Act.

11. The provisions of. this Act shall have effect

Act to

override notwithstanding anything to the contrary contained in

„ other laws any other state law for the time being in force.

**M. A. HAQUE**

**Secretary to the Govt, of Assam,**


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