The Hindu Business Line : Kerala: Bill to prevent defacement of places

IN a bid to effectively tackle the menace of defacement of public places by private commercial advertisements, notices and posters, the State Government is planning a legislation to make defacement an offence.

The Government has prepared a draft Bill, the Kerala Prevention of Defacement of Property Bill, following repeated complaints from the public, motorists, travellers and tourists about billboards coming in the way of clear views on the road, distracting the attention of vehicle drivers.

The defacement of milestone and signboards have of late become a common practice in the State, making it difficult for travellers to find the routes to their destinations. Even heritage sites and monuments are not spared.

Taking into consideration the considerable growth in tourism industry in the State, the Government thought it necessary to introduce a legislation to curb the scourge of defacement so that public places do not become an eyesore. Even the Tourism Department had made an impassioned plea to the Law Reforms Committee to prevent such defacements of heritage sites and monuments.

According to the Bill, whoever by himself or thorough any other person defaces any place open to public view by pasting pamphlets, posters, banners, or writing or marking with inks, paint or any other material or method shall be punishable with a fine not less than Rs 1,000 and not more than Rs 5,000.

The places for public view include private places, buildings, public offices, huts, monuments, statues, water pipelines, compound walls, trees, fence posts etc. However, it will not be an offence if any advertisements is exhibited with the written permission from local self-government institutions and displayed on building if the advertisements relating to the trade, profession or business are carried on in that building.

The punishment for abettors is the same as that for those who commit the offence. Those who supply materials or aids for the commission of offence could be abettors.

Besides, the offence is cognizable (attracting arrest without warrant) and bailable. The First Class Judicial Magistrate can conduct summary trial of the cases relating to the offence.

The Bill also empowers the Government, district collectors or the local self-government institutions concerned to take steps for erasing the defacement and recovering cost from the person responsible for such defacements. It casts a duty on the local self-government institutions and district collectors to see that the provision of the Act are strictly enforced within the areas of their jurisdiction.

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