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Karnataka Open Places (Prevention of Disfigurement) Act, 1981 Complete Act

Title: Karnataka Open Places (Prevention of Disfigurement) Act, 1981

State: Karnataka

Year: 1981

Preamble 1 - KARNATAKA OPEN PLACES (PREVENTION OF DISFIGUREMENT) ACT, 1981 Section 1 - Short title and commencement Section 2 - Definitions Section 3 - Penalty for unauthorised disfigurement by advertisement Section 4 - Burden of proof in certain cases Section 5 - Punishment for abettors Section 6 - Offences by companies Section 7 - Indemnity Section 8 - Cognizance of Offences Section 9 - Other laws not affected Section 10 - Power to make rules Section 11 - Repeal and savings

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Karnataka Open Places (Prevention of Disfigurement) Act, 1981 Preamble 1

Title: Karnataka Open Places (Prevention of Disfigurement) Act, 1981

State: Karnataka

Year: 1981

THE KARNATAKA OPEN PLACES (PREVENTION OF DISFIGUREMENT) ACT, 1981 [ACT No. 35 OF 1982] [28th August, 1982] PREAMBLE An Act to prevent disfigurement, by unauthorised advertisements of places open to public view in the State of Karnataka. WHEREAS it is expedient to prevent disfigurement, by unauthorised advertisements of places open to public view in the State of Karnataka. BE it enacted by the Karnataka State Legislature in the Thirty--second year of the Republic of India as follows:--

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Karnataka Open Places (Prevention of Disfigurement) Act, 1981 Section 1

Title: Short Title and Commencement

State: Karnataka

Year: 1981

(1) This Act may be called the Karnataka Open Places (Prevention of Disfigurement) Act, 1981. (2) It shall,-- (i) be deemed to have come into force in the cities of Bangalore, Mysore, Hubli--Dharwar, Mangalore and Belgaum constituted or continued under the Karnataka Municipal Corporations Act, 1976 or under any other law, on the fifth day of May 1981; and (ii) come into force in the municipalities, notified areas, sanitary boards, constituted or continued under the Karnataka Municipalities Act, 1964 or under any other law, or in any other local area, on such date, as the State Government may by notification, appoint and different dates may be appointed in respect of different areas.

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Karnataka Open Places (Prevention of Disfigurement) Act, 1981 Section 2

Title: Definitions

State: Karnataka

Year: 1981

In this Act, unless the context otherwise requires,-- (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) "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; (c) "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.

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Karnataka Open Places (Prevention of Disfigurement) Act, 1981 Section 3

Title: Penalty for Unauthorised Disfigurement by Advertisement

State: Karnataka

Year: 1981

.....therein or to any sale, entertainment or meeting to be held on or upon or in the same; or (iii) relates to the name of the land or building, upon or over which the advertisement is exhibited, or to name of the owner or occupier of such land or building ; or (iv) 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. 1[(v) is affixed to or exhibited on any ancient and historical monument declared to be of national importance under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 ( Central Act XXIV of 1958).]1 ______________________________________ 1. Inserted by Act 15 of 1984 w.e.f. 18.9.1982

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Karnataka Open Places (Prevention of Disfigurement) Act, 1981 Section 11

Title: Repeal and Savings

State: Karnataka

Year: 1981

(1) The Karnataka Open Places (Prevention of Disfigurement) Ordinance, 1981 ( Karnataka Ordinance 10 of 1981) is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.

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Karnataka Open Places (Prevention of Disfigurement) Act, 1981 Section 8

Title: Cognizance of Offences

State: Karnataka

Year: 1981

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) any offence punishable under this Act shall be deemed to be a cognizable offence within the meaning of that code.

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Karnataka Open Places (Prevention of Disfigurement) Act, 1981 Section 10

Title: Power to Make Rules

State: Karnataka

Year: 1981

(1) The State Government may make rules for the purpose of carrying out the provisions of this Act. (2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

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Karnataka Open Places (Prevention of Disfigurement) Act, 1981 Section 9

Title: Other Laws Not Affected

State: Karnataka

Year: 1981

The provisions of this Act are in addition to, and not in derogation of, the provisions of any other law for the time being in force.

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Karnataka Open Places (Prevention of Disfigurement) Act, 1981 Section 7

Title: Indemnity

State: Karnataka

Year: 1981

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

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