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    Public Property

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    Public Property

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    abhishekchoudhary7172
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    Public property

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    Public Property

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    abhishekchoudhary7172

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    PUBLIC PROPERTY (PREVENTION

    OF DAMAGE), ACT 1985


    (Act No. XX of 1985)
    THE JAMMU AND KASHMIR PUBLIC PROPERTY
    (PREVENTION OF DAMAGE), ACT 1985

    (Act No. XX of 1985)

    CONTENTS

    SECTION. SECTION.
    1. Short title and extent. 5. Special provisions regarding
    bail.
    2. Definitions.
    6. Procedure for trials.
    3. Mischief causing damage to
    public property. 7. Saving.

    4. Mischief causing damage to


    public property by fire or explo-
    sive substance.

    –––––––
    PUBLIC PROPERTY (PREVENTION OF DAMAGE) ACT, 1985 143

    THE JAMMU AND KASHMIR PUBLIC PROPERTY


    (PREVENTION OF DAMAGE), ACT 1985

    (Act No. XX of 1985)

    [Received the assent of the Governor on 9th October, 1985 and published
    in the Government Gazette dated 15th October, 1985.]

    An Act further to provide for prevention of damage to public


    property in Jammu and Kashmir State and for matters connected
    therewith.

    Be it enacted by the Jammu and Kashmir Legislature in the Thirty-sixth


    Year of the Republic of India as follows :––

    1. Short title and extent. ––(1) This Act may be called the Jammu and
    Kashmir Public Property (Prevention of Damage) Act, 1985.

    (2) It extends to the whole of the Jammu and Kashmir State.

    (3) It shall come into force at once.

    2. Definitions.–– In this Act, unless the context otherwise requires, ––

    (a) “mischief” shall have the same meaning as in section 425 of the
    State Ranbir Penal Code, Samvat 1989 ;

    (b) “public property” means any property, whether immovable or


    movable (including any machinery) which is owned by, or is in
    the possession of, or under the control of––

    (i) the Central Government ; or

    (ii) any State Government ; or

    (iii) any local authority ; or

    (iv) any corporation established by, or under a Central or a State


    Act ; or

    (v) any institution, concern or undertaking which the Government


    may by notification in the Government Gazette, specify in this
    behalf :
    144 PUBLIC PROPERTY (PREVENTION OF DAMAGE) ACT, 1985

    Provided that the Government shall not specify any institution, concern
    or undertaking under this sub-clause unless such institution, concern or
    undertaking is financed wholly or substantially by funds provided directly or
    indirectly by the State Government or by the Central Government and/or partly
    by one or more State Governments.

    3. Mischief causing damage to public property. ––(1) Whoever commits


    mischief by doing any act in respect of any public property, other than public
    property of the nature referred to in sub-section (2) shall be punished with
    imprisonment for a term which may extend to five years and with fine.

    (2) Whoever commits mischief by doing any act in respect of any public
    property being––

    (a) any building, installation or other property used in connection with


    the production, distribution or supply of water, light, power, or
    energy ;

    (b) any oil installation ;

    (c) any sewage works ;

    (d) any mine or factory ;

    (e) any means of public transportation or of tele-communications, or


    any building, installation or other property used in connection
    therewith ;

    shall be punished with rigorous 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 reasons to be recorded in its judgment,
    award a sentence of imprisonment for a term of less than six months.

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


    substance.–– Whoever commits an offence under sub-section (1) or sub-
    section (2) of section 3 by fire or explosive substance shall be punished with
    rigorous imprisonment for a term which shall not be less than one year, but
    which may extend to ten years and with fine :

    Provided that the court may, for special reasons to be recorded in


    its judgment, award a sentence of imprisonment for a term of less than
    one year.
    PUBLIC PROPERTY (PREVENTION OF DAMAGE) ACT, 1985 145

    5. Special provisions regarding bail.–– No person accused or convicted


    of an offence punishable under section 3 or section 4 shall, if in custody, be
    released on bail on or his own bond unless the prosecution has been given an
    opportunity to oppose the application for such release.

    6. Procedure for trials.–– The provisions of section 259-A and 259-B of


    the Code of Criminal Procedure, Samvat 1989 shall as far as may be, apply to
    every trial relating to any offence under this Act.

    7. Saving.–– The provisions of this Act shall be in addition to, and not in
    derogation of, provisions of any other law for the time being in force and
    nothing contained in this Act shall exempt any person from any proceeding
    (whether by way of investigation or otherwise) which might, apart from this
    Act be instituted or taken against him.

    –––––––

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