The Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959
The Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, Act 2 of 1959, was enacted by the Tamil Nadu Legislature, received the Governor's assent on 16 March 1959 and was published in the Fort St. George Gazette on 25 March 1959. It applies across Tamil Nadu and penalises objectionable advertisements and advertisements displayed without the written consent of the person controlling the property. The supplied compilation identifies amendments by Act 39 of 1986, Act 55 of 1992 and Act 8 of 1994.
What the Act governs
The Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 applies to the whole of Tamil Nadu. It controls advertisements affixed, inscribed or exhibited in places open to public view, including private property visible from a public place.
An advertisement includes an effigy, bill, notice, document, paper, words, signs or other visible representations. A public place includes a street, way, riding place or any place to which the public has access, may resort or has a right to pass.
Who may be affected
The Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 may affect property owners, occupiers, property managers, advertisers, businesses and anyone who helps to display an advertisement. Private walls, buildings, fences, trees, monuments, statues and posts can fall within the Act when visible from a public place.
Property buyers and owners should note that written consent is required from the owner, occupier or person managing the property. In a prosecution for displaying an advertisement without consent, the accused must prove that written consent existed.
Key provisions
- Displaying an objectionable advertisement in a place open to public view may be punished with imprisonment up to one year, a fine up to one thousand rupees, or both.
- Displaying any advertisement without the required written consent may be punished with imprisonment up to three months, a fine up to two hundred rupees, or both.
- Anyone who causes, procures, counsels, aids, abets or is otherwise accessory to an offence faces the punishment provided for that offence.
- Companies and responsible officers may be prosecuted, subject to the stated protections concerning lack of knowledge and due diligence.
- Offences under the Act are cognizable.
- The Act operates in addition to other laws in force.
Traffic related amendment
The Tamil Nadu Open Places (Prevention of Disfigurement) Amendment Act, 1986, Act 39 of 1986, received the Governor's assent on 12 June 1986. It added controls for advertisements that obstruct vision, distract pedestrians or drivers, endanger traffic, cause glare or obstruct pedestrian traffic.
The amendment provides for Traffic Committees for the City of Madras and each district. It also provides an appeal against permission decisions and allows a court, following conviction for unauthorised advertising, to award the property controller compensation up to five hundred rupees for erasing or colour washing the disfigurement.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can someone put an advertisement on my wall without my permission?
No. An advertisement displayed on a place open to public view requires the written consent of the owner, occupier or person managing the property.
Does the Act cover advertisements on private property?
Yes. A private building, wall, fence, tree or other object can be covered when it is visible to someone in or passing along a public place.
Can an advertisement be restricted because it creates a traffic hazard?
Yes. The 1986 amendment addresses advertisements that obstruct vision, distract pedestrians or drivers, endanger traffic or cause glare, and provides for Traffic Committee permission.
Can a property owner recover cleaning costs after an unauthorised advertisement?
Following conviction, the court may direct the offender to pay the owner, occupier or property manager compensation up to five hundred rupees for reasonable erasing or colour washing costs.
