**Report on The Lakshadweep Open Places Prevention of Defacement Regulation, 2022**
**1. Executive Summary:**
This report analyzes The Lakshadweep Open Places Prevention of Defacement Regulation, 2022, a new policy promulgated by the President of India to prevent defacement of places open to public view within the Union Territory of Lakshadweep. The core purpose is to regulate and restrict objectionable or unauthorized advertisements, spitting, urinating, and other forms of defacement in public spaces. Key provisions include prohibitions against defacement, penalties for violations, and the authority of the Administrator to enforce the regulation. This regulation is expected to enhance the visual appeal and maintain the cleanliness of public spaces in Lakshadweep.
**2. Introduction:**
This report provides a comprehensive overview of The Lakshadweep Open Places Prevention of Defacement Regulation, 2022, based solely on the text of the regulation itself. The report aims to inform affected parties about the regulation's purpose, key provisions, and potential impact.
**3. Policy Overview:**
* This is a new policy.
* **Core Objective(s):** To prevent defacement by objectionable or unauthorized advertisements and other actions in places open to public view in the Union Territory of Lakshadweep.
**4. Background and Rationale:**
As a new policy, The Lakshadweep Open Places Prevention of Defacement Regulation, 2022, likely addresses a perceived problem with the defacement of public spaces in Lakshadweep. The regulation suggests that unauthorized advertisements, objectionable content, and actions like spitting and urinating in public are issues the local government aims to control. The goal appears to be to maintain the aesthetic quality and cleanliness of public areas.
**5. Key Provisions / Changes:**
Being a new policy, the report should detail the main components, rules, and actions mandated by the entire provided text.
* **Definitions:** The regulation defines key terms such as "Administrator," "advertisement," "defacement," "objectionable advertisement," "place open to public view," "property," "public place," and "writing." The definition of "objectionable advertisement" is particularly important, encompassing content that incites violence, prejudices recruitment or discipline in armed forces, promotes violence between citizens, outrages religious feelings, or is indecent, scurrilous, obscene, or intended for blackmail.
* **Prohibition of Defacement:** It prohibits affixing, inscribing, or exhibiting objectionable advertisements or any advertisement without the owner's consent in any place open to public view.
* **Administrator's Authority:** The Administrator has the power to specify areas where defacement by spitting, urinating, pasting pamphlets, or marking with ink, chalk, or paint is prohibited.
* **Penalties:** The regulation outlines penalties for defacement violations:
* Affixing objectionable advertisements: Imprisonment up to three months or a fine up to one thousand rupees, or both.
* Affixing unauthorized advertisements: Imprisonment up to three months or a fine up to one thousand rupees, or both.
* Contravention of notification under section 4: Imprisonment up to three months or a fine up to one thousand rupees, or both.
* **Abettors:** Individuals who cause, procure, counsel, aid, abet, or are accessory to the commission of an offence will receive the same punishment as the offender.
* **Burden of Proof:** In cases of unauthorized advertisement, the burden of proving written consent lies with the accused.
* **Offences by Companies:** If an offence is committed by a company, every person responsible for the company's business conduct, as well as the company itself, will be deemed guilty. Directors, managers, secretaries, or other officers may also be held liable if the offence was committed with their consent, connivance, or due to their gross negligence.
* **Cognizable Offence:** Offences under this Regulation are deemed cognizable under the Code of Criminal Procedure, 1973.
* **Indemnity:** Legal protection is provided to the Administrator, local authorities, or persons acting in good faith under this regulation.
* **Power to Erase Writing, etc.:** The Administrator or authorized officer may require owners to erase writing or remove defacement from places open to public view. If the owner fails to do so, the Administrator can have it done, and the expenses will be recovered from the owner as arrears of land revenue.
* **Other Laws Not Affected:** The provisions of this Regulation are in addition to, and not in derogation of, the provisions of any other law for the time being in force.
* **Power to Make Rules:** The Administrator is empowered to make rules to carry out the provisions of this Regulation.
**6. Target Audience and Stakeholders:**
Based on the text, the directly affected parties include:
* **Residents and visitors of Lakshadweep:** The regulation impacts their environment and public spaces.
* **Property owners:** They are responsible for preventing defacement on their property and may be required to remove existing defacement.
* **Advertisers:** They must obtain consent for advertisements and ensure they are not objectionable.
* **Companies:** Companies can be held liable for offences committed under this regulation.
* **The Administrator and local authorities:** They are responsible for enforcing the regulation.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Administrator of the Union Territory of Lakshadweep is the primary responsible body. The regulation also mentions "any officer authorized in this behalf" who can take action. Local authorities are also implicated in the indemnity clause.
* **Timelines/Procedures:** The regulation comes into force "at once." The Administrator can issue notifications specifying areas and dates for defacement prohibitions. The Administrator can also set timelines for owners to erase writing or remove defacement.
**8. Expected Outcomes / Impact of Changes:**
As a new policy, the likely intended outcomes are:
* **Reduced Defacement:** The regulation aims to minimize the defacement of public spaces through prohibitions and penalties.
* **Improved Aesthetic Quality:** By preventing unauthorized advertisements and objectionable content, the regulation seeks to enhance the visual appeal of Lakshadweep.
* **Increased Cleanliness:** Preventing spitting and urinating in public areas should contribute to a cleaner environment.
* **Greater Regulatory Control:** The Administrator gains greater control over public spaces and can enforce standards of cleanliness and aesthetics.
**9. Conclusion:**
The Lakshadweep Open Places Prevention of Defacement Regulation, 2022, is a significant policy aimed at preserving the visual appeal and cleanliness of public spaces in the Union Territory of Lakshadweep. By defining defacement, prohibiting unauthorized activities, and establishing penalties, the regulation provides a framework for maintaining the aesthetic standards of the territory. The success of this regulation will depend on effective implementation and enforcement by the Administrator and local authorities, as well as compliance by residents, visitors, and advertisers.
Key Entities Referenced
Lakshadweep: Union territory of India, the area to which the regulation applies.
The Lakshadweep Open Places Prevention of Defacement Regulation, 2022: The title of the regulation being analyzed.
President of India: The promulgator of the regulation under Article 240 of the Constitution of India.
Constitution of India: The legal framework providing the power for the President to promulgate the regulation, specifically mentioned in Article 240 and Article 239.
Administrator of the Union territory of Lakshadweep: Appointed by the President under article 239 of the Constitution and responsible for administering the Union territory.
Code of Criminal Procedure, 1973: Refers to the legal code under which offenses punishable under this Regulation shall be deemed to be a cognizable offence.
DROUPADI MURMU: The President of India who promulgated the regulation.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 20th December, 2022/Agrahayana 29, 1944 (Saka)
THE LAKSHADWEEP OPEN PLACES (PREVENTION OF
DEFACEMENT) REGULATION, 2022
NO. 6 OF 2022
Promulgated by the President in the Seventy-third Year of the Republic of India.
A Regulation to prevent defacement by objectionable or unauthorised advertisements in
places open to public view in the Union territory of Lakshadweep.
In exercise of the powers conferred by article 240 of the Constitution, the President is
pleased to promulgate the following Regulation made by her:—
1. (1) This Regulation may be called the Lakshadweep Open Places (Prevention of Short title,
Defacement) Regulation, 2022. extent and
commencement.
(2) It extends to the whole of the Union territory of Lakshadweep.
(3) It shall come into force at once.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Definitions. 2. In this Regulation, unless the context otherwise requires,—
(a)“Administrator” means the Administrator of the Union territory of
Lakshadweep appointed by the President under article 239 of the Constitution;
(b) “advertisement” includes any effigy or any bill, notice, document, paper or
other thing containing any words, signs or visible representations;
(c) “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;
(d)“objectionable advertisement” means any advertisement which is
likely to—
(i) incite any person to commit murder, sabotage or any offence involving
violence; or
(ii) seduce any member of any of the armed forces of the Union or of the
police forces from his allegiance or his duty, or prejudice the recruiting of
persons to serve in any such force or prejudice the discipline of any such
force; or
(iii) incite any section of the citizens of India to acts of violence against
any other section of the citizens of India or which—
(A) is deliberately intended to outrage the religious feelings of any
class of the citizens of India by insulting or blaspheming or profaning the
religion or the religious beliefs of that class; or
(B) is grossly indecent, or is scurrilous or obscene or intended for
blackmail.
Explanation.—An advertisement shall not be deemed to be objectionable
merely because words or signs or visible representations are used criticising any
social or religious practices without malicious intention and with an honest view to
promote social or religious reforms or social justice;
(e) “place open to public view” includes any private place or building,
monument, statue, post, wall, fence, tree or other thing or contrivance which is visible
to a person being in, or passing along, any public place;
(f) “property” includes any building, hut, monument, statue, water pipe line,
structure, wall including compound wall, tree, fence, post, pole or any other erection;
(g) “public place” means any place (including a road, street or way, whether a
through fare 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;
(h) “writing” includes decoration, lettering or ornamentation produced by stencil.
No person to 3. On and from the commencement of this Regulation, no person shall affix to, or
affix, inscribe inscribe or exhibit on, any place open to public view,—
or exhibit any
objectionable (i) any objectionable advertisement; or
advertisement,
(ii) any advertisement without the written consent of the owner or occupier or
etc., in any
place open to person in the management of the property in which such place is situated.
public view.
Administrator 4. Notwithstanding anything contained in this Regulation or in any other law for the
to specify by time being in force, where the Administrator is satisfied that it is necessary or expedient so
notification
to do, he may, for the purpose of preventing defacement, by notification in the Official
any area
Gazette, direct that on and from such date, and in such area, as may be specified in the
where no
person shall notification, no person shall deface any place open to public view by spitting or urinating
deface any or pasting pamphlets, poster or writing or marking with ink, chalk, paint or with any other
place open to
public view.SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
material or method, except for the purpose of indicating the name and for such other purposes,
as may be specified in that notification.
5. Whoever affixes to, or inscribes or exhibits on, any place open to public view any Penalty for
objectionable advertisement shall be punished with imprisonment of either description for defacement by
a term which may extend to three months or with fine which may extend to one thousand objectionable
advertisements.
rupees, or with both.
6. Whoever affixes to, or inscribes or exhibits on, any place open to public view any Penalty for
advertisement without the written consent of the owner or occupier or person in management unauthorised
defacement by
of the property in which such place is situated shall be punished with imprisonment of
advertisements.
either description for a term which may extend to three months or with fine which may
extend to one thousand rupees, or with both.
7. Whoever defaces any place open to public view in contravention of the notification Penalty for
issued under section 4 shall be punished with imprisonment for a term which may extend to contravention
of notification
three months or with fine which may extend to one thousand rupees, or with both.
issued under
section 4.
8. Whoever in any manner whatsoever causes, procures, counsels, aids, abets or is Punishment of
accessory to, the commission of any offence under section 3 or section 4 or section 5 shall abettors.
be punished with the punishment provided for the offence.
9. Where a person is prosecuted for committing an offence under section 6, the Burden of
burden of proving that he has the written consent referred to in that section shall be on him. proof in
certain cases.
10. (1) Where an offence has been committed by a company, every person who, at the Offences by
time when the offence was committed, was in charge of, and was responsible to, the company companies.
for the conduct of the business of the company, as well as the company, shall be deemed to
be guilty of the offence, and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment provided in this Regulation, if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Regulation has been committed by a company and it is proved that the offence has
been committed with the consent or connivance of, or is attributable to any gross negligence
on the part of any director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer of the company, shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purpose of this section,—
(a) “company” means any body corporate and includes a firm or other
association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
2 of 1974. 11. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any Offences under
offence punishable under this Regulation shall be deemed to be a cognizable offence within Act to be
cognizable.
the meaning of that Code.
12. No suit, prosecution or other legal proceeding shall lie against the Administrator, Indemnity.
any local authority or person for anything which is in good faith or in public interest done
or intended to be done under this Regulation.
13. (1) The Administrator or any officer authorised in this behalf may, by notice, Power of
require the owner or the person having control over any place open to public view, to erase Administrator
any writing, free any defacement or remove any mark from such place within such time as to erase
writing, etc.
may be specified in that notice.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]
(2) Where the owner or person to whom notice is issued under sub-section (1) fails to
carry out erasing of writing or freeing or removing of defacement within the specified time,
the Administrator or the authorised officer may cause erasing of writing or freeing or removing
of defacement to be done and the expenses so incurred shall be paid by the owner or the
other person and in default of such payment, such expenses shall be recovered from such
owner or other person as if they were arrears of land revenue.
Other laws 14. The provisions of this Regulation are in addition to, and not in derogation of, the
not affected. provisions of any other law for the time being in force.
Power to 15. The Administrator may, by notification published in the Official Gazette, make
make rules. rules to carry out the provisions of this Regulation.
————
DROUPADI MURMU,
President.
————
DR. REETA VASISHTA,
Secretary to the Govt. of India..
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—2019GI(S3)—20.12.2022.