Saturday, 22 August 2015

NORTH-WEST FRONTIER PROVINCE CONTROL OF BILL STICKING ACT, 1949


THE NORTH-WEST FRONTIER PROVINCE CONTROL OF BILL STICKING ACT, 1949. 
(Act No. V of  1949). 
(Received the assent of the Governor, N.-W. F. P. on the 31st March, 1949).
AN
ACT
to establish  control on and to regulate bill sticking at public places.


Preamble.
            WHEREAS it is expedient to establish control on and to regulate bill sticking at public places:
            It is hereby enacted as follows:—
Short title, extent and commencement
1.         (1)  This Act may be  called  the  North-West Frontier 1[Province] Control of Bill Sticking Act, 1949.
            (2)     It shall extend to the whole of the 2[North-West Frontier province].
            (3)     It shall come into force at once.
Definition
2.         In this Act unless there is something repugnant in the subject or context:—
                3[(a)  "Government" means the Provincial Government]
1.    "Local Body" means Municipal Committees, Notified Area Committees or Cantonment and District Boards in the North-West Frontier  1[Province]
2.    "Posting Bill" includes any posting bill, notice, placard, or other paper or means of advertisement.
(d)     "Public Place" includes shop, house, hut, outhouse, place of worship, farm house, shed, stable, well, wall, tree, board, fence, monument, pole, post or any struc-
1.    The word "Province" inserted by N. W. F. P. L. O. 1975, which was earlier omitted by W.P.A.O. 1964.
1.    Now to be construed as referring to the districts of Bannu, D. I. Khan, Hazara, Kohat Mardan and Peshawar, see W P. Act XVI of 1957 s. 3 (i), and Sch. -I.
2.    Subs. for clause (a) of section 2 by W. P. A. O. 1964 s. 2 (1) Sch. Part-III.
                     ture whether used or intended to be used for the purpose of human habitation or otherwise, whether of masonary, brick, wood, mud, thatch, metal or any other material whatever and any place which can be seen by the members of the public.
            (e)     "Special place" means any public place set apart by the Government, 1[* * * * ] or any local body within its own limits, as suitable for affixing any posting bill or for writing, painting or otherwise publicly exhibiting any advertisement.

3.         Whoever, except at the special place, affixes or causes to be affixed any posting bill to, engraves in, inscribes or stencils on or writes upon, soils, defaces or otherwise marks any public place shall be punished with imprisonment of either description which may extend to three years or fine or both:
            Provided that nothing will be an offence under this  section if
            (a)     any posting bill is affixed to or any thing is written upon, or engraved in, any place of business exclusively for the benefit of the trade or business carried on in such place of business;
            (b)    anything is written upon or engraved in any residential house exclusively for the purpose of showing the name of the person residing in or owning such residential house.
Penalty
4.         Every person, and in the case of a firm or a company whether registered under any enactment for the time being in force, or not, every partner or servant of such firm or company, shall be presu­med to have committed an offence under Section 3 of this Act, if the posting bill writing or other mark appears to be for the benefit of such person, firm or company.
Presumption.
5.         Any 2[person in the Service of the Provincial Government] any person from affixing any posting bill to or engraving in or soiling, defacing, writing upon or otherwise marking any public place, in contravention of this Act, and remove the posting bill if affixed.
Preventive action
6.         The 3[Provincial Government], may make rules for the purpose of giving effect to the provision of this Act.
Power to frame rules.
1.    The words "North-West Frontier Province", omitted by W. P. A. O., 1964, s. 2 (1), Sch.
Part-III.
2.   Subs. ibid'{or the words "Servant of the Government".
3.   Now refers to the Government of West Pakistan. see W. P. Act XVI of 1957, s. (3) (4) (i).


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