Short title,

extent and

commencement.

THE LAKSHADWEEP OPEN PLACES (PREVENTION OF

DEFACEMENT) REGULATION, 2022

NO. 6 OF 2022

Promulgated by the President in the Seventy-third Year of the Republic of India.

A Regulation to prevent defacement by objectionable or unauthorised advertisements in

places open to public view in the Union territory of Lakshadweep.

In exercise of the powers conferred by article 240 of the Constitution, the President is

pleased to promulgate the following Regulation made by her:—

1. (1) This Regulation may be called the Lakshadweep Open Places (Prevention of

Defacement) Regulation, 2022.

(2) It extends to the whole of the Union territory of Lakshadweep.

(3) It shall come into force at once.

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EXTRAORDINARY

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PART II — Section 1

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PUBLISHED BY AUTHORITY

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No. 28]

NEW DELHI, TUESDAY, DECEMBER 20, 2022/AGRAHAYANA 29, 1944 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

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REGISTERED NO. DL—(N)04/0007/2003—22

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 20th December, 2022/Agrahayana 29, 1944 (Saka)

सी.जी.-डी.एल.-अ.-20122022-241247

CG-DL-E-20122022-241247

सी.जी.-डी.एल.-अ.-20122022-241247

CG-DL-E-20122022-241247

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

2. In this Regulation, unless the context otherwise requires,—

(a)“Administrator” means the Administrator of the Union territory of

Lakshadweep appointed by the President under article 239 of the Constitution;

(b) “advertisement” includes any effigy or any bill, notice, document, paper or

other thing containing any words, signs or visible representations;

damaging, disfiguring, spoiling or injuring in any other way whatsoever and the word

“deface” shall be construed accordingly;

(d)“objectionable advertisement” means any advertisement which is

likely to—

(i) incite any person to commit murder, sabotage or any offence involving

violence; or

(ii) seduce any member of any of the armed forces of the Union or of the

police forces from his allegiance or his duty, or prejudice the recruiting of

persons to serve in any such force or prejudice the discipline of any such

force; or

(iii) incite any section of the citizens of India to acts of violence against

any other section of the citizens of India or which—

(A) is deliberately intended to outrage the religious feelings of any

class of the citizens of India by insulting or blaspheming or profaning the

religion or the religious beliefs of that class; or

(B) is grossly indecent, or is scurrilous or obscene or intended for

blackmail.

Explanation.—An advertisement shall not be deemed to be objectionable

merely because words or signs or visible representations are used criticising any

social or religious practices without malicious intention and with an honest view to

promote social or religious reforms or social justice;

(e) “place open to public view” includes any private place or building,

monument, statue, post, wall, fence, tree or other thing or contrivance which is visible

to a person being in, or passing along, any public place;

(f) “property” includes any building, hut, monument, statue, water pipe line,

structure, wall including compound wall, tree, fence, post, pole or any other erection;

(g) “public place” means any place (including a road, street or way, whether a

through fare or not and a landing place) to which the public are granted access or

have a right to resort, or over which they have a right to pass;

(h) “writing” includes decoration, lettering or ornamentation produced by stencil.

3. On and from the commencement of this Regulation, no person shall affix to, or

inscribe or exhibit on, any place open to public view,—

(i) any objectionable advertisement; or

(ii) any advertisement without the written consent of the owner or occupier or

person in the management of the property in which such place is situated.

4. Notwithstanding anything contained in this Regulation or in any other law for the

time being in force, where the Administrator is satisfied that it is necessary or expedient so

to do, he may, for the purpose of preventing defacement, by notification in the Official

Gazette, direct that on and from such date, and in such area, as may be specified in the

notification, no person shall deface any place open to public view by spitting or urinating

or pasting pamphlets, poster or writing or marking with ink, chalk, paint or with any other

No person to

affix, inscribe

or exhibit any

objectionable

advertisement,

etc., in any

place open to

public view.

Administrator

to specify by

notification

any area

where no

person shall

deface any

place open to

public view.

Definitions.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

material or method, except for the purpose of indicating the name and for such other purposes,

as may be specified in that notification.

5. Whoever affixes to, or inscribes or exhibits on, any place open to public view any

objectionable advertisement shall be punished with imprisonment of either description for

a term which may extend to three months or with fine which may extend to one thousand

rupees, or with both.

6. Whoever affixes to, or inscribes or exhibits on, any place open to public view any

advertisement without the written consent of the owner or occupier or person in management

of the property in which such place is situated shall be punished with imprisonment of

either description for a term which may extend to three months or with fine which may

extend to one thousand rupees, or with both.

7. Whoever defaces any place open to public view in contravention of the notification

issued under section 4 shall be punished with imprisonment for a term which may extend to

three months or with fine which may extend to one thousand rupees, or with both.

8. Whoever in any manner whatsoever causes, procures, counsels, aids, abets or is

accessory to, the commission of any offence under section 3 or section 4 or section 5 shall

be punished with the punishment provided for the offence.

9. Where a person is prosecuted for committing an offence under section 6, the

burden of proving that he has the written consent referred to in that section shall be on him.

10. (1) Where an offence has been committed by a company, every person who, at the

time when the offence was committed, was in charge of, and was responsible to, the company

for the conduct of the business of the company, as well as the company, shall be deemed to

be guilty of the offence, and shall be liable to be proceeded against and punished

accordingly:

Provided that nothing contained in this sub-section shall render any such person

liable to any punishment provided in this Regulation, if he proves that the offence was

committed without his knowledge or that he exercised all due diligence to prevent the

commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under

this Regulation has been committed by a company and it is proved that the offence has

been committed with the consent or connivance of, or is attributable to any gross negligence

on the part of any director, manager, secretary or other officer of the company, such director,

manager, secretary or other officer of the company, shall also be deemed to be guilty of that

offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purpose of this section,—

(a) “company” means any body corporate and includes a firm or other

association of individuals; and

(b) “director”, in relation to a firm, means a partner in the firm.

11. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any

offence punishable under this Regulation shall be deemed to be a cognizable offence within

the meaning of that Code.

12. No suit, prosecution or other legal proceeding shall lie against the Administrator,

any local authority or person for anything which is in good faith or in public interest done

or intended to be done under this Regulation.

13. (1) The Administrator or any officer authorised in this behalf may, by notice,

require the owner or the person having control over any place open to public view, to erase

any writing, free any defacement or remove any mark from such place within such time as

may be specified in that notice.

Penalty for

defacement by

objectionable

advertisements.

Penalty for

unauthorised

defacement by

advertisements.

Penalty for

contravention

of notification

issued under

section 4.

Punishment of

abettors.

Burden of

proof in

certain cases.

Offences by

companies.

Offences under

Act to be

cognizable.

Indemnity.

Power of

Administrator

to erase

writing, etc.

2 of 1974.

(2) Where the owner or person to whom notice is issued under sub-section (1) fails to

carry out erasing of writing or freeing or removing of defacement within the specified time,

the Administrator or the authorised officer may cause erasing of writing or freeing or removing

of defacement to be done and the expenses so incurred shall be paid by the owner or the

other person and in default of such payment, such expenses shall be recovered from such

owner or other person as if they were arrears of land revenue.

14. The provisions of this Regulation are in addition to, and not in derogation of, the

provisions of any other law for the time being in force.

15. The Administrator may, by notification published in the Official Gazette, make

rules to carry out the provisions of this Regulation.

————

DROUPADI MURMU,

President.

————

DR. REETA VASISHTA,

Secretary to the Govt. of India..

Other laws

not affected.

Power to

make rules.

MGIPMRND—2019GI(S3)—20.12.2022.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—SEC. 1]

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

JAGANATHAN

ANANTHA

KUMAR

Digitally signed by

JAGANATHAN ANANTHA

KUMAR

Date: 2022.12.20 22:24:33

+05'30'