The Tamil Nadu Public Property (Prevention of Destruction and Loss) Act,1982

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Public Property (Prevention of Destruction and Loss) Act, 1982 Act 29 of 1982 Keyword(s): Mischief, Political Party, Public Property ---- -- - - . - - - 19@ : T.N. Act 291 pubhi Property (Preventha of 835 Destruction dnd Loss) TAMIL N.4UU ACT NO. 29 QF 1982.* 'PI1E TAMIL NADU PUBLIU PROPERTY (PREVEN- 'PION OF DESTRUCTION AND LOSS) A d , 1982. [Received the assent of the Prerident on the 15th May 1982, first published in the Tamil Nadu Govern-ment Gazette Extraordinary, on the 18th May i 981 (~Likusi4. l%mthubi, Tiliuvalluvar Aandu-20 1 3). 1 dn Act to providk for punishments for certain ocrs in resped of ?he public properry mrd #he @lie. ili the State of Tamil Nadu. B ~ i t enacted by the Legislature of the Stzte of TamilNadu k tk Zlhirty4Erb Yea of the Republic of &&a as fo&ws :- 1. (1) ms Act may be called the Tamil F'adu Publio Sho rt title and Property (Prevention c; f Destruction and Loss) Act, 1982. commence- merit. (2) It shall come into force at once. 2. Whoever, - Punishment for committing (i) commits mischief by doillg any act in respect of mischief in respect of any public property whethzr movable or immovable or public machinery and t hxeby oauses loss 0.- damage to the or amount of one hundred rupees or upwards, or (ii) commits mischief by doing any act which cnuses or which he knows to be likely to cause a diminution of the supply of water to the public or to any person for any purpose or an inundation of, or ob~truction to, anypublio drainage, or (iii) oommits mischief by daing any act whichrenders any public ~ o a d , bridge, navigable channel, netural or artifi~i: 1 impassable or less safe for travelling or con- veying property, or (iv) oommits mischief by fire or any L..,-hive substance intending to cause or knowing it to bc l i k l y that he will thcr cby cause d: mage to any public property whet her movable or i m lnova ble or machi nci y to t llc amount of one hundred rupees or upwards shall be punishable with imprisonment foi a term which shall not be less than six months but which may extend to five years and with 5 e : - P * For Statement of 0bj5szand Reasons, see Tamil Nadrr Government Gazette Extraordinary, dated the 19th Pebr uary 1982, Part WSectioa 1, page 106. 836 Public Property (P~*e.vertfiori of [l%2: f &. A* Destruct ioit und Loss) Provided that the court may, for any ~ A t e q ~ e special reasons to be mentioned in the judgment, impose sentence of impiisonment for a term c f less t k n six month ExpZuiz~tion.--For the purposes of this section.-- (i) " mischief" shall have t E e same meaning as in section 425 of tlre Indian Pend Code (Gatrsl Aat XLV of 1860) ; (ii) " public property whethet movable or im- movable or machinery " mszns r n y property or machina y omed or controlfed by,- (a) the Sate Oovernme~ ; or (b) any local authority ; or (c) the Tamil N8du Stete Electricity Board ; or ( d ) zny University in tnis State ; or (ej any co-operative socicty including a lrsd development brtak, registt red or deemed to be registered under the Tamil Nddu go-oper:itive Soaietits Act, 1961 (Tamil Nadu Act 53 of 1961) ; or (f) aay corporate body constituted uncle1 2.ny Act passed by the Legislature of this Str.te ; or (g) any other oorpoiation owned or controlled by the State; Government. I'unishment for 3. VFlhoevef commits ar instig?*tes, incites or otherwise throwing abts the act of thowing stones, bricks, soda-bottles or bricks any other material whatsoever upon the persons trav~lling etc., upon I per sons travel- in nny motor vehicle, s h l l be punisba ble with imprison- ling in motor ment for a term which shall not be less than six months but vc hiclcs. which may extend to five yers s and with Ane: Provided that the court may, for e r ~ y adequate ?ad .-ezsons to be mentioned in the judgmc m, impose P. sentence of impri~onmenl for s term c f less t h rs six months. Expkmation. -For the purposes of this section '' motor vehcla " shdl hwe t b s ~ m e meaning as in cl?.use (18) of section 2 of the Motor Vehicles Act, 1939 (central A~ct 1V of 1935$.. Special provi- 4. No person zcc11sed or convicted af an affer:ce sion rearding punishsble under section 2 or sectior 3 shali,if in'custody, ball. be released on bail or on his own bond unless the pro- secution baa bcen given an opportunity to o w e t& application for such release. 1982: T.N. Act 29; Public Property (Prevention of 837 Destruction and Loss) 5. (1) When imposing a scntcnce of fint for ;. n offcnce Order pay I under tnis Act, the cowt mny when pzssi~g judgment, cornpen t ion. , order the whole or any part of the fine iecovcltd to be applied- (a) in defrsying expenses propel ly ir CLT~C d in t he prose~utioa ; (b) in the payment to any person of corlpc z: nf ion for any loss or injury caused by the offence ; (c) in replacing or, as the case may be, restoring to the previous stzte, the public property or mcchinet ). including any public road, bridge, navigable channel, natural or artificial. (2) If the fine is imposed in a case which is subject to appeal, no such payment shall be mz.de befoi e the pel iod allowed for presenting the ?.ppeal h?.s el?.psed, 01, if an appeal be presented, before the decision of the ?.ppeal. (3) An order under this section may also be mede by an Appellate Court or by the Egh Court 01 Court of Session when exercising its powers cAf levision. (4) At the time of awarding con~pensation in any subsequent civil suit rel~ting to the same msttel, the court shall take into acc~unt any sum paid or recovexed as compens:,tion under this section. 6. NO court infc. ior to tb t of a Chief Metropolitan p,e, ,O try Magistrate or i). Chief Judicial Magistrate shall try any offences* offence punishable under this Act. 7. The provisions of this Aot shell be in addition to, and not in derogation of, any other l2.w for the, time being in force and nothing contained herein shall exempt any person from any yr~ceading by wzy of investigation 01 otherwise wnich might, apart fiom this Act, be instituted against him.