OF NATIONAL CAPITAL
TERRITORY OF DELHI
OF LAW, JUSTICE & LEGISLATIVE AFFAIRS)
LEVEL, C-WING, DELHI SECRETARIAT, NEW DELHI
No. F 14(28)/ LA-2006/LC LAW/42-51 Dated the 29th January, 2009
F.14(28)/LA. The following Act of the
Legislative Assembly of the National Capital Territory of Delhi received the
assent of the President of India on the 17th, January 2009 and is
hereby published for general information :-
“ The Delhi
Prevention of Defacement of Property Act, 2007 “
Act 1 of 2009)
(As passed by the Legislative Assembly of
the National Capital Territory of Delhi on 31st March 2008 )
( 17th January, 2009 )
An Act to provide for the prevention of defacement of
properties and for matters connected therewith or incidental thereto in the National Capital
Territory of Delhi.
BE it enacted by the Legislative
Assembly of the National Capital Territory of Delhi in the Fifty-ninth year of
the Republic of India as follows:-
1. Short title, extent and commencement
(1) This Act may be called the Delhi Prevention of Defacement of
Property Act, 2007.
(2) It extends to the whole of the National Capital Territory of Delhi.
(3) It shall come into force on such date as the Lieutenant Governor of
the National Capital Territory of Delhi may, by notification in the Official
In this Act,
unless the context otherwise requires, -
(a) “defacement” includes impairing or interfering with the appearance
or beauty, damaging, disfiguring, spoiling or injuring in any other way
whatsoever and the word “deface” shall be construed accordingly;
(b) “Lieutenant Governor” means the Lieutenant Governor of the National
Capital Territory of Delhi appointed by the President under Article 239 and
designated as such under Article 239AA of the Constitution;
(c) “property” includes any building, hut, structure, wall, tree, fence,
post, pole or any other erection;
(d) “writing” includes printing, painting, decoration, lettering,
ornamentation etc., produced by stencil.
3. Penalty for defacement of property
Whoever defaces any
property in public view by writing or marking with ink, chalk, paint or any
other material except for the purpose of indicating the name and address of the
owner or occupier of such property, shall be punishable with imprisonment for a term which may
extend to one year, or with fine which may extend to fifty thousand rupees, or
(2) When any offence is 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
and every president, chairman, director,
partner, manager, secretary, agent or any other officer or persons connected
with the management thereof, as the case maybe, shall, unless he proves the
offence was committed without his knowledge or consent, be deemed to be guilty
of such offence.
(3) The aforesaid penalties will be without prejudice to the provisions
of Section 425 and Section 434 of the Indian Penal Code , 1860 (45 of 1860) and
the provisions of relevant Municipal Acts.
4. Composition of offences
(1) Any offence of defacement whether committed before or after the
commencement of this Act punishable under Section 3, may either before or after
the institution of the prosecution, be compounded by such officers or
authorities and for such amount as the Government may, by notification in the
Official Gazette, specify in this behalf.
(2) Where an offence has been compounded under sub section (1), the
offender, if in custody, shall be discharged and no further proceedings shall
be taken against him in respect of such offence.
5. Offence to be cognizable
An offence punishable under this act
shall be cognizable
6. Power of the Lieutenant Governor to erase writing, etc.
to the provisions of Section 3, it shall be competent for the Lieutenant
Governor to take such steps as may be necessary for erasing any writing,
freeing any defacement or removing any mark from any property.
7. Act to override other Laws
The provisions of
this Act shall have effect notwithstanding anything to the contrary contained
in any other laws for the time being in force:
Provided that the
provisions of this Act shall not be applicable to advertisements displayed at
duly authorised public spaces for advertising by appropriate authorities.
8. Repeal and Savings
On the day on
which the Delhi Prevention of Defacement of Property Act,2007 comes into force
, the West Bengal Prevention of Defacement of Property Act, 1976 ( Bengal Act
no.21 of 1976) as extended to the
National Capital Territory of Delhi shall cease to have effect except in case
of things done or omitted to be done before the commencement of this Act.
( Sd Savita Rao )
Joint Secretary ( Law )
DEPARTMENT OF URBAN
Delhi, the 24th February,2009
In exercise of
the powers conferred by sub-section (3) of section 1 of the Delhi Prevention of
Defacement of Property Act, 2007 ( Delhi Act 1 of 2009 ), the Lt Governor of
the National Capital Territory of Delhi is pleased to appoint the 1st day
of March, 2009 as the date on which the said Act shall come into
are added by Col
1. Defacement is basically of four types as
( a )
( b )
( c )
( d )
Writings on the wall.
2. Property includes any property in public
view like buildings, hut, structure, wall,
poles / posts, trees, roof tops or any
3. The guilty of the defacement shall be the
owner, President, Director, Partner, agent or
any other officer responsible with the
Banners and Writings on the Wall are totally banned.
only at the specified places after taking the due permission from the