Primary law, Tamil Nadu land law
The Tamil Nadu Public Property (Prevention of Destruction and Loss) Act, 1982
The Tamil Nadu Public Property (Prevention of Destruction and Loss) Act, 1982, Tamil Nadu Act No. 29 of 1982, is a State law enacted by the Legislature of the State of Tamil Nadu to punish damage to public property and certain dangerous acts affecting the public. It creates offences for mischief causing damage to public property, interference with water supply, drainage, roads and bridges, and for throwing stones, bricks or other materials at people travelling in motor vehicles. It also sets special bail and trial rules, and allows courts to use fines for prosecution expenses, compensation and restoration of damaged public property.
What this law covers
The Tamil Nadu Public Property (Prevention of Destruction and Loss) Act, 1982, Tamil Nadu Act No. 29 of 1982, is a State law enacted by the Legislature of the State of Tamil Nadu. It came into force at once and provides punishments for certain acts affecting public property and the public in Tamil Nadu.
Who it affects
The Tamil Nadu Public Property (Prevention of Destruction and Loss) Act, 1982 affects anyone accused of damaging public property or committing related acts listed in the Act. It also matters to public bodies whose property is covered by the Act.
Public property under the Act includes property or machinery owned or controlled by:
- the State Government
- any local authority
- the Tamil Nadu State Electricity Board
- any University in the State
- any co-operative society, including a land development bank, registered or deemed to be registered under the Tamil Nadu Co-operative Societies Act, 1961
- any corporate body constituted under any Act passed by the Legislature of the State
- any other corporation owned or controlled by the State Government
Main offences and punishment
A person is punishable if he commits mischief by:
- doing any act in respect of public property or machinery, movable or immovable, and causing loss or damage of one hundred rupees or more
- causing, or knowingly being likely to cause, a reduction in water supply to the public or any person, or causing inundation of, or obstruction to, public drainage
- rendering any public road, bridge, navigable channel, natural or artificial, impassable or less safe for travel or carrying property
- using fire or any explosive substance to damage public property or machinery to the amount of one hundred rupees or more
The punishment is imprisonment for not less than six months and up to five years, and fine. The court may impose less than six months for adequate and special reasons mentioned in the judgment.
Throwing objects at motor vehicles
The Tamil Nadu Public Property (Prevention of Destruction and Loss) Act, 1982 also punishes anyone who commits, instigates, incites or otherwise abets the throwing of stones, bricks, soda-bottles or any other material upon persons travelling in any motor vehicle.
The punishment is the same, imprisonment for not less than six months and up to five years, and fine, with the same power to reduce the minimum term for reasons recorded in the judgment.
Bail, trial and compensation
Key procedural points are:
- a person accused or convicted under section 2 or section 3, if in custody, cannot be released on bail or on his own bond unless the prosecution has had an opportunity to oppose the release application
- only a Chief Metropolitan Magistrate or a Chief Judicial Magistrate, or a higher court, can try offences under the Act
- courts may direct fine amounts towards prosecution expenses, compensation for loss or injury, and replacing or restoring damaged public property or machinery
- the Act applies in addition to other laws already in force
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
Does this law apply only to government buildings?
No. The Tamil Nadu Public Property (Prevention of Destruction and Loss) Act, 1982 covers property or machinery owned or controlled by the State Government, local authorities, the Tamil Nadu State Electricity Board, Universities in the State, certain co-operative societies, statutory corporate bodies and other corporations owned or controlled by the State Government.
Is blocking or damaging a road or bridge covered by this law?
Yes. The Tamil Nadu Public Property (Prevention of Destruction and Loss) Act, 1982 punishes mischief that makes a public road, bridge or navigable channel impassable or less safe for travelling or conveying property.
What happens if someone throws stones or bottles at people in a motor vehicle?
The Tamil Nadu Public Property (Prevention of Destruction and Loss) Act, 1982 makes that a punishable offence. It also covers instigating, inciting or otherwise abetting the throwing of stones, bricks, soda-bottles or any other material upon persons travelling in a motor vehicle.
Can a court use the fine amount to repair damaged public property?
Yes. The Tamil Nadu Public Property (Prevention of Destruction and Loss) Act, 1982 allows the court to apply the whole or part of the fine towards prosecution expenses, compensation for loss or injury, and replacing or restoring the public property or machinery to its previous state.
