GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. VIII OF 1995.

THE  MAHARASHTRA  PREVENTION  OF
DEFACEMENT  OF  PROPERTY  ACT,  1995.

(As modified up to the 7th May 2013)

h

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  PHOTOZINCO  PRESS,   PUNE
AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING  AND  STATIONERY,
MAHARASHTRA  STATE,  MUMBAI  -  400  004.

2013

[ Price—Rs. 6.50/- ]

GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. VIII OF 1995.

THE  MAHARASHTRA  PREVENTION  OF
DEFACEMENT  OF  PROPERTY  ACT,  1995.

(As modified up to the 7th May 2013)

h

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  PHOTOZINCO  PRESS,   PUNE
AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING  AND  STATIONERY,
MAHARASHTRA  STATE,  MUMBAI  -  400  004.

2013

1995 : Mah. VIII]

(i)

THE  MAHARASHTRA  PREVENTION  OF  DEFACEMENT  OF  PROPERTY
ACT,  1995.

CONTENTS

PREAMBLE.

SECTIONS.

1. Short title and commencement.

2. Definitions.

3. Penalty for defacement.

4. Offence to be cognizable.

5. Power of State Government to erase writing, etc.

6. Indemnity.

7. Act to override other laws.

8. Removal of difficulties.

9. Repeal of Mah. Ord. I of 1995 and saving.

1995 : Mah. VIII]

MAHARASHTRA  ACT  No.  VIII  OF  1995.

[THE  MAHARASHTRA  PREVENTION  OF  DEFACEMENT  OF
PROPERTY  ACT,  1995.]1

(This  Act  received  the  assent  of  the  President  on  the  29th  April  1995;  the
assent was first published in the “Maharashtra Government Gazette” Part-IV, on
the 2nd May 1995.)

An Act to provide for the prevention of defacement of property and

for matters connected therewith or incidental thereto.

WHEREAS, both Houses of the State Legislature were not in session;

AND WHEREAS, the Governor of Maharashtra was satisfied that circum-
stances existed which rendered it necessary for him to take immediate action to
have a special law to provide for the prevention of defacement of any property or
place open to public view and to provide for matters connected therewith or
incidental thereto; and, therefore, promulgated the Maharashtra Prevention of
Defacement of Property Ordinance, 1995, on the 18th January 1995;

AND WHEREAS, it is expedient to replace the said Ordinance by an Act of
the State Legislature; It is hereby enacted in the Forty-sixth Year of the Republic
of India as follows :––

Mah.
Ord.
I of
1995

1.

(1) This Act may be called the Maharashtra Prevention of Defacement of

Property Act, 1995.

Short title
and
commenc-
ement.

(2) It shall be deemed to have come into force on the 18th January 1995.

2.

In this Act, unless the context otherwise requires,—

Definitions.

(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)

“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;

(c)

“place open to public view” includes any private place or building,
monument statue, post, wall, fence, tree or contrivance visible to a person
being in or passing along, any public place;

(d)

“public place” means any place (including a road, street or way whether
a thoroughfare 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.

1For  Statement  of  Objects  and  Reasons,  see  Maharashtra  Government  Gazette,  1995,
Extraordinary, Part-V, page 4, dated the 25th March 1995.

Penalty
for
defacement.

2

Maharashtra Prevention of Defacement
of Property Act, 1995.

[1995 : Mah. VIII

3.  Whoever by himself or through any other person defaces any place open to
public  view  shall,  on  conviction,  be  punished  with  imprisonment  for  a  term
which may extend to three months, or with fine which may extend to two thou-
sand rupees, or with both:

Provided that nothing in this section shall apply to any advertisement

which,—

(i)  is  exhibited  with  the  written  permission  of  the  local  authority

having jurisdiction over such area in this behalf;

(ii) is exhibited within the window of any building if the advertise-
ment  relates  to  the  trade,  profession  or  business  carried  on  in  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 or letting of such land or building or any effects therein 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; or

(v) relates to the business of a railway administration and is exhibited
within any railway station or upon any wall or other property of a railway
administration.

4. An offence punishable under this Act shall be cognizable.

5. Without prejudice to the provisions of section 3, it shall be competent for
the State Government to take such steps as may be necessary for freeing from
any defacement, erasing any writing or removing any erection or fixation from,
any place open to public view. The expenditure incurred for such removal of
defacement  or  for  erasing  any  writing,  or  removing  any  erection  or  fixation,
incurred by the State Government shall be recoverable from the person guilty
of such offence under section 3 and if not paid, shall be recovered from such
person  as  arrears  of  land  revenue  under  the  provisions  of  the  Maharashtra
Land Revenue Code, 1966.

Mah.
XLI
of
1966.

Offence
to  be
cognizable.

Power  of
State
Government
to  erase
writing,
etc.

Indemnity.

6. No suit, prosecution or other legal proceedings shall lie against the State
Government, any local authority or person for anything which is in good faith or
in public interest done or intended to be done under this Act.

Act to
override
other  laws.

7. The provisions of this Act shall have effect notwithstanding anything to

the contrary contained in any other law for the time being in force.

1995 : Mah. VIII]

Maharashtra Prevention of Defacement
of Property Act, 1995.

3

8.

If any difficulty arises in giving effect to the provisions of this Act, the
State  Government  may,  as  occasion  requires,  by  order,  do  anything  not
inconsistent with the objects and purposes of this Act, which appears to it to be
necessary or expedient for the purpose of removing the difficulty :

Removal  of
difficulties.

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.

9.

(1) The Maharashtra Prevention of Defacement of Property Ordinance,

1995 is hereby repealed.

Mah.
Ord. I
of
1995.

Repeal  of
Mah. Ord. I
of 1995 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, as the case may
be, under the corresponding provisions of this Act.

PRINTED AT THE GOVERNMENT PHOTOZINCO PRESS, PUNE-1.

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