THE JAMMU & KASHMIR GOVERNMENT GAZEITE (

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1 -..e ' I. THE JAMMU & KASHMIR GOVERNMENT GAZEITE ( ~~ Vo1.130] Srinagar, Wed.; the 25th Oct.,2017/3rd Kart., ,[NO Separate paging is given to this part in order that it may be filed as a ; _;eparatecompilation. - PART III Laws, Regulations and Rules passed thereunder. GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT-DEPARTMENT OF LAW, JUSTICE AND PARLfAMENTARY AFFAIRS. Srinagar, the 25th October, I THE The following Ordinance as promulgated by the Governor on 25th October, 2017 and is hereby published for general information;- JAMMU AND KASHMIR PUBLIC PROPERTY (PREVENTION OF DAMAGE) AMENDMENT ORDINANCE, 2017 (Ordinance No. III of ) >', [25th October, 2017.] Promulgated by the Governor in the Sixty-eighth Year of the Republic of India.

2 2 The J&K Govt. Gazette, 25th Oct., 2017J3rd Kart., [No An Ordinance to amend the Jammu and Kashmir Public Property (Prevention of Damage) Act, '. "- Whereas, the State Legislarweis not in session and the Governor is satisfied that circumstances exist, which render it necessary for him to take immediate action. Now, therefore, in exercise of the powers conferred by section 91 of the Constitution of Jammu and Kashmir, the Governor is pleased to promulgate the following Ordinance :- I. Short title and commencemenl.--{ I) This Ordinance may be called the Jammu and Kashmir Public Property (Prevention Ordinance, (2) It shall come into force at once. of Damage) 2. Amendment of long title, Act No XX of n long title of the Jammu and Kashmir Public Property (Prevention of Damage) Act, 1985 (hereinafter referred to as 'the principal Act'), for the word "public", the words "private and public", shall be substituted. 3. Amendment of section 1, Act No. X of ln section I of the 'principal Act', in sub-section (I) for the word "public", the words "private and public", shall be substituted. I, 4. Amendment of section 2, Act No. XX of For section 2 of the 'principal Act', the following section shall be substituted, namely :- "(2) Definitions.-ln this Act, unless the context otherwise requires,- (a) "declared direct action" means t ann unce dir et acti n firmly, clearly Or publically ; (b) "direct action" means tlj<:u 'C of strikes, dcmonsutu ion r other public forms of protests rather than n gotiati n t ' achieve a demand;

3 No. 29-2] The J&K Govt. Gazette, 25th Oct., 20 17/3rd Kart., (. (c) "mischief' shall have the same m.s;aning as assigned to it in section 425 of the State Ranbtt Penal Code, Sarnvat 1989; (d) "private property" means the property, whether immovable or movable (including any machinery or livestock) which is owned by, or is in the possession of, or under the control of a private person, body or institution but does not include public property as defined in clause (e) ; \1 1 I (e) "public property" means any property, whether immovable or moveable (including any machinery) which is owned by, or is in the possession of, or under the control of- (i) the Central Government; or I (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 Company as defined in section 617 of the Company Act, 1956 ; or (vi) any institution, concern or undertaking which the Government may by notification in the Government Gazette, specify in this behalf: 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 andlor partly by one or more State Governments".

4 4 The J&K Govt. Gazette, 25th Oct., 2017/3rd Kart., Insertion of section 4A, section 4B, section section 4D. Act No. XX of After following sections shall be inserted, namely :- section 4 of the 'prin "( 4A) Mischief causing damage to private prol) t i public property due to direct action.-{ 1) Whoever c nu 1 t mischief in respect of any private property and public pr I due to direct action, whether declared or not shall be pu1l1,t.j with imprisonment which shall not be less than two year., U which may extend to five years and with fine equiv I nt t th market value of the property damaged or destroyed and in I of default in payment of fine, the imprisonment for a furth rp" of six months. (2) Whosoever commits mischief under sub-seen n (I) by ( or explosive substance shall be punished with ri I' 11 imprisonment for a term which shall not be le,. than tw I but which may extend to ten years and with tin equival fit the market value of the property damaged or destroyed f1 case of default in payment of fine, he shall be liable to un I'~) imprisonment for a further period of six months: Provided that the court may for special reasons to b a in its judgment award a sentence of imprisonment f r term o less than two years. (4B) Abetment of offence under section 4A.-( I) Whosoever calls for a direct action, whether he participates in such dlr et action directly or indirectly which results in damage to prlvat or public property, shall be deemed to be guilty of abetment r th offence under the Act : Provided that no person shall be guilty of an offence Act,if he proves that- under the. (i) he was in no way connected with the action called hy his political party or organization as the case may be ; or -

5 No. 29-2] tl. ~th 0 I., 20 19/3rd Kart., !I n /I reasonable measures to preventcausing " I l)pr v IIc or public property.hithe direct action <f- 11 d by his organization. (2) Who ver is guilty of abetment of an offence under. ub- et] n (I) shall be punished with imprisonment which shall»ot be loss than one year but which may extend to three years and with fine equivalent to the market value of the property damaged or destroyed and in case of default in payment of fine, he shall be Iiable to go imprisonment for a further period of one year. (4<=) Presumption as to causing damage to private and public property or abetting the reo f.-when the question is whether a person has caused damage to public or private property and has committed offence under section 4A and 48 of this Act, the court may presume having regard to all the other circumstances of the ea that uch offence has been committed or abetted, as the case may be, by uch person. (40) Evidence through vi.dcography.-(l) If the officer incharge of a police station or other law enforcing agency is of opinion that any direct action, either declared or undeclared has the potential of causing destruction or damage to publ ic property, he shall avail himself of the services of video operators. he his (2) The police officer who has the responsibility to act on the information that a direct action is imminent and ifhe has reason to apprehend that such direct action has the potential of causing destruction of private or public property, he 5h311immediately avail himselfofthe services of the videographer to accompany him or any other police officer deputed by him to the site or any other place whcrefrom video shooting can conveniently be arranged - I..-...,.,.!""""'"-"......,...!"'!!""_. ---

6 6 The J&K Govt. Gazette, 25th Oct., rd Kart., [No. 29-2!.. concentrating on the person/persons indulging i~ any acts of violence or other acts causing damage to any private property and public property. (3) No sooner than the direct action subsides, the police officer concerned shall produce the original tapes or CDs or other material capable of displaying the recorded evidence before the concerned Magistrate, who shall entrust such material to the custody of the police officer incharge of the concerned police station for production of the same before the court at the appropriate stage or as and when called for. (4) The evidence collected through videography shall be an evidence within the meaning of section 3 of the Evidence Act, Samvat 1977". 6. Amendment of section 5, Act No. XX of For section 5 of the 'principal Act', the following shall be substituted, namely :- "(5) Special provisions regarding bail.-notwithstanding anything contained in Code of Criminal Procedure, Samvat 1989, I,. no person accused or convicted of an offence punishable under this Act shall, ifin 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. For the purposes of bail under this Act, proviso to section 497-B of the Code of Criminal Procedure, Samvat 1989 shall not apply". 7. Insertion of sections 6A, Act No. XX of After section 6 of the 'principal Act', the following section shall be inserted, namely :- "6A. Power to make rules.-( I) The Government may, by a notification in the Government Gazette make rules for the purposes

7 - No. 29-2] The J K Govt. Gazette,._ 25th Oct., 2017/3rd Kart., I 7 of assessing claims, appointment of an Assessor and for award of comp msation with regard to private property and public property damaged or destructed due to direct action whether declared or not". GOVERNOR (Sd.) ABDUL MAJID BHAT, Secretary to Government, Department of Law, Justice and Parliamentary Affairs. I,