The Himachal Pradesh Suppression of Indecent Advertisements Act, 1973
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH SUPPRESSION OF INDECENT
ADVERTISEMENTS ACT, 1973
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Interpretation.
3. Proceedings against persons affixing etc., indecent pictures, or
written matter.
4. Proceedings against persons sending others to do the acts
punishable under section 3.
5. Power to seize, remove, deface or destroy pictures or printed or
written matter of an indecent nature.
6. Police Officer may arrest on view of offence.
7. Exemption.
8. Repeal and savings.
THE HIMACHAL PRADESH SUPPRESSION OF INDECENT
ADVERTISEMENTS ACT, 1973
(ACT No. 5 of 1974)1
(Received the assent of the Governor, on the 19th January, 1974, and
was published in R.H.P. Extra., dated the 2nd Feb., 1974 at 119-122).
An Act to suppress indecent advertisements.
BE it enacted by the Legislative Assembly of Himachal Pradesh in
the Twenty-fourth Year of the Republic of India as follows:-
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Suppression of Indecent Advertisements Act,
1973.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall come into force at once.
2. Interpretation.- For the purpose of this Act any advertisement
relating syphilis, gonorrhoea, nervous, debility or other complaint or infirmity
arising from or relating to sexual intercourse shall be deemed to be printed or
written matter of an indecent nature.
3. Proceedings against persons affixing etc. indecent pictures, or
printed or written matter.- (i) Whosoever affixes to, inscribes or stencils on
any house, building, wall, boarding, gate, fence, pillar, post, board, tree, or
any other thing whatsoever so as to be visible to a person being or in passing
1 For Statement of Objects and Reasons, see R.H.P. Extra., dated 28-4-1973, p. 643.
along any street, public highway or foot-path, and whoever affixes to,
inscribes or stencils on any public latrine or urinal, or exhibits to public view
on the cinema screen or in the window of any house or shop, any picture or
printed or written matter which is of indecent nature, shall, on conviction, be
punished with imprisonment of either description for a term which may
extend to 6 months or with fine which may extend to 500 rupees, or with both
such imprisonment and fine.
2. Whenever any printed or written matter of an indecent nature has
been displayed in the manner prohibited by sub-section (1), any person being
in possession or control of the land, building, structure or premises to which
such printed or written matter has been affixed who knowingly allows the
same to be continued to be displayed, shall, on conviction, be punished with
imprisonment which may extend to six months or with fine which may extend
to 500 rupees, or with both such imprisonment and fine.
4. Proceedings against persons sending other to do the acts
punishable under section 3.- Whoever giver or delivers to any other person
any such pictures, or printed or written matter mentioned in section 3 with the
intent that the same, some one or more thereof, should be affixed, inscribed,
stenciled, or exhibited as therein mentioned, shall, on conviction, be punished
with imprisonment of either description which may extend to one year or with
fine which may extend to one thousand rupees, or with both such
imprisonment and fine.
5. Power to seize, remove, deface or destroy pictures or printed or
written matter of an indecent nature.- If a District Magistrate, Sub-
Divisional Magistrate or Magistrate of the First Class has reason to believe
that any picture or printed or written matter of an indecent nature which has
been affixed, inscribed or stenciled as mentioned in section 3, continues to be
exhibited to public view after the commencement of this Act, he may by order
in writing authorise any police officer to enter, with such assistance as may be
required, any place and seize, remove, deface or destroy any such picture or
printed or written matter.
6. Police officer may arrest on view of offence.- Any police officer
may arrest without warrant any persons whom he shall find committing any
offence against this Act.
7. Exemption.- Nothing in this Act shall apply to any advertisement
published by any municipal corporation or by any municipal, small town or
notified area committee or published with the sanction of the State
Government.
8. Repeal and savings.- The Punjab Suppression of Indecent
Advertisements Act, 1941 (7 of 1941) as in force in the areas added to
Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966,,
(31 of 1966) is hereby repealed:
Provided that anything done or any action taken (including any
notification issued, permission granted or proceedings commenced or
continued) under the provisions of the said Act, shall be deemed to have been
done or taken under the corresponding provisions of this Act.
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