REGISTERED No. D-(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 3] NEW DELHI, MONDAY, FEBRUARY 27, 1984/PHALGUNA 8, 1905
Separate paging is given to this Part in order that it may be filed
as a separate compilation
RAJYA SABHA
The following Bill was introduced in the Rajya Sabha on the 27th Febru- ary. 1984:—
BILL NO. I OF 1984
A Bill to provide for prevention of damage to public property and for matters
connected therewith
BE It enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:—
1. (1) This Act may be called the Prevention of Damage to Public Property Act, 1984.
(2) It extends to the whole of India except the State of Jammu and
Short tide, ex- tent and commen- cement.
Kashmir.
(3) It shall be deemed to have come into force on the 28th day of January, 1984.
2. In this Act unless the context otherwise requires,—
Definitions
(a) "mischief" shall have the same meaning as in section 425 of 45 of 1860. the Indian Penal Code;
a THE GAZETTE OF INDIA EXTRAORDINARY [PART II—(_b) "public property" means any property, whether immovable or movable (including any machinery) which is owned by, or in the possession of, or under the control of—•
(/) the Central Government; or
(u) any Slate Government; or
(Hi) any local authority; or
(w) any corporation established by, or under, a Central, Pro- vincial or State Act; or
(v) any company as defined in section 617 of the Companies
1 of 1956.
Act, 1956; or
(vi) any institution, concern or undertaking which the Cen- tral Government may, by notification in the Official Gazette, specify in this behalf:
Provided that the Central 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 Central Government or by one or more State Governments, or partly by the Central Government and partly by one or more State Governments.
3. (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), shall be punished with imprisonment for a term which may extend ,to five years and with fine.
•Mischief causing damage to public property.
(2) Whoever commits mischief by doing any act in respect of any public property being—
(a), any building, installation or other property used in connec- tion with the production, distribution or supply of water, light, power or energy;
(b) any oil installations;
(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 there- with,
shall be punished with rigorous imprisonment for a term which shall not be less than six months, but which may extend to five years and with fine:
Provided that the court may, for rcasons to be recorded in its judgment, award a sentence of imprisonment for a term of less than six months.
Mischief causing damage to
4. Whoever commits an offence under sub-section (1) or sub-section (-) of section 3 by fire or explosive substance shall be punished with rig- orous imprisonment for a term which shall not be less than o^e year, but which may extend to ten years and with fine:
iproperty I by flre or explo- sive subs- tance.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3Provided that the court may, for special reasons to bd recorded in its,
judgment, award a sentence of imprisonment for a term of less than one year.
5. No person accused or convicted of an offence punishable under section 3 or section 4 shall, if in custody, be released on bail or on his own bond unless the proseeution has been given an opportunity to oppose the application lor such release.
Special provi- sions re- garding bail.
Saving 6. The provisions of this Act shall be in addition to, and not in deroga- tion of, the provisions1 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.
7, (2) The Prevention of Damage to Public Property Ordinance, 1984, 3 of 1984.
is hereby repealed.
Repeal and saving.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC, 2) ,STATEMENT OF OBJECTS AND REASONS.
With a view to curb acts of vandalism and damage to public property, including destruction a nj damage caused during riots and public commotion, a need was felt to strengthen the law to enable the authorities to deal effecively with cases of damage to public property. Accordingly, the President promulgat- ed on 28th January, 1984, the .Prevention of Damage to Public Property Ordi- nance, 1984 (No. 3 of 1984).
2. The Ordinance denned "public property" as meaning any property, whe- ther immovable or movable (including any machinery) which is owned by, or in ihc possession of, or under the control of, the Central Government, cr any State Government, or any local authority, or any corporation established by, or under, a Central, Provincial or State Act, or any company as defined in section 617 of the Companies Act, 1956, or any such other institution, concern or un- dertaking, financed wholly or substantially by funds provided directly or indirect- ly by the Central Government or by one or more State Governments, ,or partly by the Central Government and partly by one or more Stale Governments as the Centra] Government may, by notification in the Official Gazette, specify in this behalf.
3. Under the Ordinance, a person who commits mischief in respect of any public property, being any building, installation or other property used in con- nection with the production, distribution or supply of water, light, power or energy, or any oil installations, sewage works, mine or factory, or means of! public transportation or telecommunications, etc., is punishable with rigorous imprisonmen for a term which shall not be less than six months, but which may extend to five years and with fine. A person committing mischief in respect of any other public property is punishable with imprisonment for a term which may extend to five years and with fine. However, a person who commits mis- chief against any type of public property by means of fire or explosive substance is punishable with rigorous imprisonment for a term which shall not be less than one year, but which may extend to ten years and with fine,
4. The Ordinance also p'rovided that no person accused or convicted of any
effence under the Ordinance shall, if in custody, be released on bail or on his own bond without giving the prosecution and opportunity to oppose the appli- cation for such release.
5. The Bill seeks to replace the Ordinance.
N EW D E L H I;
The \lth February 1984 P. VENKATASUBBAIAH.
SUDARSHAN AGARWAL,