TAMIL NADU PUBLIC PROPERTY (PREVENTION OF DAMAGE AND LOSS) ACT, 1992

Act No. 59 of 1992

14th December, 1992

An Act to provide for punishment and compensation for damage and loss caused to the public property and the public in the State of Tamil Nadu and matters connected therewith. Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-third Year of the Republic of India as follows :--

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S.1 Short title and commencement

(1) This Act may be called the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992.

(2) It shall come into force at once.

S.2 Definitions

In this Act, unless the context otherwise requires,--

• (1) "Government" means the State Government;
• (2) "mischief" shall have the same meaning as in section 425 of the Indian Penal Code (Central Act XLV of 1860);
• (3) "political party" means a political party recognised by the Election Commission under the Election Symbols (Reservation and Allotment) Order, 1968;
• (4) "public property" means any property movable or immovable or machinery owned by or in possession of, or under the control of--
  • (a) the Central Government; or
  • (b) the State Government; or
  • (c) any local authority; or
  • (d) the Tamil Nadu State Electricity Board; or
  • (e) any University in this State; or
  • (f) any co-operative society including a land development bank registered or deemed to be registered under the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983); or
  • (g) any corporate body cons
    

S.3 Punishment for committing mischief in respect of public property

Whoever,--

• (i) commits mischief by doing any act in respect of any public property and thereby causes damage or loss to such public property to the amount of one hundred rupees or upwards; or
• (ii) commits mischief by doing any act which causes 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 obstruction to, any public drainage, or
• (iii) commits mischief by doing any act which renders any public road, bridge, navigable channel, natural or artificial impassable or less safe for travelling or conveying property

shall be punished with imprisonment for a term which shall not be less than one year, but which may extend to five years and with fine :

Provided that the Court may, for any adequate and special reason to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year.

S.4 Mischief causing damage to public property by fire or explosive substance

Whoever commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause damage to any public property to the amount of one hundred rupees or upwards, shall be punished with rigorous imprisonment for a term which shall not be less than two years but which may extend to ten years and with fine :

Provided that the Court may for any adequate and special reason to be mentioned in the judgment, impose a/sentence of imprisonment for a term of less than two years.

S.5 Punishment for throwing stones, bricks, etc., upon persons travelling in motor vehicles

Whoever commits or instigates, incites or otherwise abets the act of throwing stones, bricks, soda-bottles or any other material whatsoever upon the persons travelling in any motor vehicle, shall be punished with 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 any adequate and special reason to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.

Explanation.--For the purpose of this section "motor vehicle" shall have the same meaning as) in clause (28) of section 2 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988).

S.6 Special Provision regarding bail

No person accused or convicted of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond unless the prosecution has been given an opportunity to oppose the application for such release.

S.7 Order to Pay Compensation

(1) When imposing a sentence of fine for an offence under this Act, the court may when passing judgment, order the whole or any part of the fine recovered to be applied--

• (a) in defraying expenses properly incurred in the prosecution;
• (b) in the payment, to any person, of compensation for any loss or injury caused by the offence;
• (c) in replacing or as the case may be, restoring to the previous state, the public property 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 made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal.

(3) An order, under this section may also be made by an Appellate Court or by the High Court when exercising its powers of revision.

(4) At the time of awarding compensation in any subsequent civil suit relati

S.8 Power to try Offences

No court inferior to that of a Chief Metropolitan Magistrate or a Court of Session shall try any offence punishable under this Act.

S.9 Liability to pay Compensation in Certain Cases

Notwithstanding anything contained in this Act, where an offence punishable under this Act has been committed during any procession, assembly, meeting, agitation, demonstration or any other activity organised by a political party or communal, language or ethnic group, it shall be presumed that the offence has also been committed by such political party or communal, language or ethnic group and such political party or communal, language or ethnic group shall be liable to pay compensation for damage or loss caused to any public property, in accordance with the provisions of this Act and the rules made thereunder.

S.10 Claim for Compensation

(1) Any claim for compensation for damage or loss caused to the public property shall be made by such officer as may be prescribed.

(2) Every application for claim for compensation for damage or loss caused to the public property shall be in such form and containing such particulars as may be prescribed.

S.11 Authority to decide compensation

(1) Every claim for compensation for damage or loss caused to the public property shall be made to such authority as may be prescribed whose decision thereon shall be final and shall not be questioned in any court of law.

(2) In arriving at the quantum of compensation for damage or loss caused to the public property, the authority prescribed under sub-section (1) shall have regard to--

• (a) the value of the property;
• (b) the extent of damage to the public property; and
• (c) such other matters as may be prescribed.

(3) The authority prescribed under sub-section (1) in deciding the claim for compensation shall follow such procedure as may be prescribed.

(4) The authority prescribed under sub-section (1) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (Central Act V of 1908) for the purpose of--

• (a) taking evidence on oath;
• (b) enforcing the attendance of witnesses;
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S.12 Recovery of compensation as arrear of land revenue

The authority prescribed under sub-section (1) of section 11, on determination of the compensation amount for any damage or loss to public property and on the application of the officer prescribed under sub-section (1) of section 10, may issue a certificate for the amount to the Collector and the Collector shall proceed to recover the same in the same manner as an arrear of land revenue.

S.13 Power to make rules

(1) The Government may make rules for carrying out all or any of The purposes of this Act.

(2) Without prejudice to the generality of the foregoing, power, such rules may provide for--

• (a) the officer by whom an application for compensation to be made;
• (b) the form of application for compensation and particulars it may contain and fees if any, to be paid in respect of the application for compensation;
• (c) the authority to whom the claim for compensation has to be made;
• (d) the matters to be taken into account in arriving at the quantum of compensation by the authority prescribed under section 11;
• (e) the procedure to be followed in deciding the claim for compensation by the authority prescribed under section 11; and
• (f) any other matter which is to be or may be prescribed.

(3) Every rule made or notification issued under this Act shall, as soon as possible after it is made or issued, be placed on the tab

S.14 Saving

The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force and nothing contained herein shall exempt any person from any proceeding by way of investigation or other wise which might, apart from this Act, be instituted against him.

S.15 Repeal

The Tamil Nadu Public Property (Prevention of Destruction and Loss) Act, 1982 (Tamil Nadu Act 29 of 1982) is hereby repealed.