The Telangana State Prevention of Touting and Malpractices against Tourists and Travellers Act, 2021.

THE TELANGANA STATE PREVENTION OF TOUTING AND
MALPRACTICES AGAINST TOURISTS AND TRAVELLERS
ACT, 2021.
(ACT NO. 10 OF 2021.)
INDEX
Section
No. Contents
PART - I.
PRELIMINARY.
1. Short title, extent and commencement .
2. Definitions .
PART - II.
OFFENCES AND PENALTIES.
3. Prohibition of malpractice and touting, etc .
4. Penalties .
5. Offence to be cognizable and bailable .
PART - III.
POWERS OF POLICE OFFICERS AND
PROCEDURE FOR SPEEDY INVESTIGATION AND
TRIAL OF OFFENCES.
6. Powers of arrest, search and seizure .
7. R e m o v a l o f s u s p e c t e d t o u t s o r p e r s o n s c a u s i n g
nuisance from the public places frequented by
tourist or traveller.
8. P e r s o n s b o u n d t o c o m p l y w i t h d i r e c t i o n s o fPolice
officers.
9. Investigation, etc. of offences .
10. Cognizance and trial of offences .
2 [Act No.10 of 2021]
11. Power of Court to try cases summarily .
12. Removal of person repeatedly involved in acts of
touting or malpractice.
13. Compounding of Offences .
14. Plea bargaining .
PART - IV.
MISCELLANEOUS.
15. Protection of action taken in good faith .
16. Act not in derogation of any other law .
17. Power to make rules .
THE TELANGANA STATE PREVENTION OF TOUTING AND
MALPRACTICES AGAINST TOURISTS AND TRAVELLERS
ACT, 2021.
ACT NO. 10 OF 2021. *
[18 th
 October, 2021]
AN ACT TO PROVIDE FOR PREVENTION OF ACTS OF
TOUTING AND MALPRACTICES VIS-A-VIS TOURISTS
AND TRAVELLERS VISITING THE STATE OF
TELANGANA AND ABETMENT OR ATTEMPT THEREOF
BY ANY PERSON AND FOR MATTERS CONNECTED
THEREWITH OR INCIDENTAL THERETO.
 B e i t e n a c t e d b y t h e L e g i s l a t u r e o f t h e S t a t e o f
Telangana in the Seventy-second Year of the Republic of
India as follows:
PART - I.
PRELIMINARY.
1 . ( 1 ) T h i s A c t m a y b e c a l l e d t h e T e l a n g a n a S t a t e
Prevention of Touting and Malpractices against Tourists and
Travellers Act, 2021.
 (2) It extends to the whole of the Telangana State.
 ( 3 ) I t s h a l l c o me i n t o f o r c e on s u c h d a t e 1
 as the State
Government may, by notification in the Official Gazette,
appoint.
* Received the assent of the Governor on the 15 th
 October, 2021.
1. Came into force w.e.f.28.10.2021 vide. G.O.Ms.No.98, Home (Legal)
Department, dated 28.10.2021.
Short title , extent
and
commencement.
2 [Act No.10 of 2021]
2. (1) In this Act, unless the context otherwise requires,-
  (a) “Commissioner of Police”  means Police
Commissioners of all the Commissionerates in the State of
Telangana.
  (b) “Government”  means the State Government of
Telangana.
  (c) “Malpractice”  includes dishonesty, cheating,
impersonation and obstruction in allowing free choice for
shopping or stay or travel arrangement etc.,
  (d) “Prescribed”  means prescribed by rules made
under this Act.
  (e) “Tourist or Traveller”  means any person or group
of persons including pilgrims who visit or visits Telangana
from any part of India or outside India;
  (f) “Touting”  includes enticing, misguiding or
coercing for shopping, accommodation, transportation,
sight-seeing or pestering for any particular premises,
including the precincts thereof, any person, establishment,
dealer or manufacture for personal consideration;
Explanation –  Whoever loiters around airports, railway
stations, bus stands, markets or any other places
frequented by tourists and travellers with the intention of
offering any unsolicited service to the tourist and traveller
p e s t e r i n g o r c o e r c i n g h i m t o u s e a n y s u c h s e r v i c e a n d
exhibits such conduct so as to show such intention like
following, stalking, gesturing, arguing, communicating or
otherwise drawing attention of tourists and travellers through
words or gestures or placards or pamphlets thereby causing
obstruction or annoyance to tourists and travellers in any
manner causing discomfort to them and otherwise has no
Definitions .
[Act No.10 of 2021] 3
reasonable explanation for frequenting the said place will be
committing the act of touting.
 (2) Words and expressions used herein and not defined
b u t d e f i n e d i n t h e I n d i a n P e n a l C o d e , 1 8 6 0 s h a l l h a ve t h e
meanings respectively assigned to them in the said Code.
PART - II.
OFFENCES AND PENALTIES.
3. No person shall,-
  (a) Commit any act of touting or malpractice against
any tourist or traveller.
  (b) Abet commission of any act of touting or
malpractice against any tourist or traveller.
  (c) Attempt to commit any act of touting or
malpractice against any tourist or traveller.
4. Any person who -
  (a) Commits touting or malpractice shall be punished
with imprisonment for a term which may extend to one year,
o r w i t h f i n e w h i c h m a y e x t e n d t o t e n t h o u s a n d r u p e e s , o r
with both;
  (b) abe ts an offe n ce of tou tin g or mal prac tice u n de r
this Act shall, notwithstanding anything contained in the
Indian Penal Code, 1860, be punished with imprisonment
for a term which may extend to six months or with fine which
may extend to five thousand rupees, or with both;
  (c) attempt to commit an offence of touting or
malpractice under this Act shall be punished with
imprisonment for a term which may extend to three months,
Prohibition of
malpractice and
touting, etc.
Penalties.
(Central Act No.45 of
1860.)
(Central Act No.45 of
1860.)
4 [Act No.10 of 2021]
o r w i t h f in e w h i c h m a y e x t e n d t o tw o t h ou sa n d r u p e e s , o r
with both.
5. Notwithstanding anything contained in the Code of
Criminal Procedure, 1973, the offences under this Act shall
be cognizable, bailable and compoundable.
PART - III.
POWERS OF POLICE OFFICERS AND PROCEDURE FOR
SPEEDY INVESTIGATION AND TRIAL OF OFFENCES.
6. (1) If an offence of touting or malpractice takes places in
t h e p r e s e n c e o f a p o l i c e o f f i c e r , n o t b e l o w t h e r a n k o f a n
A s s i s t a n t S u b I n s p e c t o r o f P o l i c e , s u c h p o l i c e o f f i c e r m a y
arrest the person and record his observation about such
conduct of the individual that constitutes the offence of
touting.
 (2) Any Police officer having reason to suspect a person
o f i n d u l g i n g i n t h e a c t o f t o u t i n g o r m a l p r a c t i c e a g a i n s t a
t o u r i s t o r a t r a v e l l e r m a y s e a r c h s u c h p e r s o n a n d m a y
require an account in relation to any articles found in his
possession and may seize such articles if found suspicious
and of such nature which could be used for commission of
touting or malpractice against tourists or travellers.
 ( 3 ) A P o l i c e O f f i c e r n o t b e l o w th e r a n k o f an A s s i s t a n t
S u b I n s p e c t o r o f P o l i c e m a y e n t e r a p u b l i c o r p r i v a t e
e s t a b l i s h m e n t , w h i c h h e h a s r e a s o n t o b e l i e v e , w a s o r i s
being used as place for commission of touting or
malpractice against tourists or travellers and inspect the
s a m e , s u b j e c t t o t h e p e r m i s s i o n a c c o r d e d to h i m f o r s u c h
inspection by a superior officer not below the rank of
Assistant Commissioner of Police/Deputy Supreintendent of
Police/Sub-Divisional Police Officer.
Offence to be
cognizable and
bailable.
Powers of arrest,
search and
seizure.
(Central Act No.2 of
1974.)
[Act No.10 of 2021] 5
7. If a police officer suspected any person who indulging in
touting or malpractice or otherwise causing nuisance in a
public place frequented by tourists or travellers, he may
d i r e c t s u c h p e r s o n t o m o v e a w a y h i m s e l f f r o m t h e s a i d
place forthwith.
8 . ( 1 ) A l l p e r s o n s s h a l l b e b o u n d t o c o m p l y w i t h t h e
directions given by a police officer on approval of the same
b y a s u p e r i o r o f f i c e r n o t b e l o w t h e r a n k o f A s s i s t a n t
Commissioner of Police/Deputy Supreintendent of
Police/Sub-Divisional Police Officer in the discharge of his
duties under this Act.
 (2 ) Wh e re an y pe rson re sists, re fu se or fail s to c ompl y
w i t h a n y d i r e c t i o n s r e f e r r e d t o i n s u b - s e c t i o n ( 1 ) , a p o l i c e
officer may, without prejudice to any other action that he
may take under any other provision of this Act or any other
l a w f o r t h e t i m e b e i n g i n f o r c e r e m o v e s u c h p e r s o n a n d
either produce him before a Metropolitan Magistrate or
Judicial Magistrate of First Class, as the case may be, or in
trivial cases, release him when the occasion which
necessitated the removal has ceased to exist:
 Provided that the person so removed shall, in all cases,
be produced before the Magistrate or released, as the case
m a y b e , w i t h i n a p e r i o d o f t w e n t y f o u r h o u r s o f s u c h
removal.
9. (1) The Provisions of Code of Criminal Procedure, 1973
shall be applicable for the purposes of search, seizure or
any investigation inquiry and trial of offences under this Act:
 Provided that the investigating officer shall make
endeavours to complete the investigation within a period of
thirty days and the officer-in-charge of the police station
shall forward a police report in the form as prescribed by the
Persons bound to
comply with
directions of
Police officers.
Removal of
suspected touts
or persons
causing nuisance
from the public
places frequented
by tourist or
traveller.
Investigation, etc.
of offences.
(Central Act No.2 of
1974.)
6 [Act No.10 of 2021]
Government to the magistrate, empowered to take
cognizance of the offence.
 (2) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973, no Police officer below the rank
of an Assistant Sub-Inspector of Police shall investigate an
offence under this Act.
10. No court inferior to that of a Judicial Magistrate of First
Class or Metropolitan Magistrate shall try any offence under
this Act.
11. (1) All offences under this Act shall be tried summarily
by a Judicial Magistrate of First Class or Metropolitan
Magistrate and the provisions of section 262 to 265 (both
inclusive) of the Code of Criminal Procedure, 1973 shall, as
far as may be, apply to such trial.
 (2) When trying any offence under this Act, the
M a g i s t r a t e m a y a l s o t r y a n y o t h e r o f f e n c e w i t h w h i c h a
p e r s o n m a y b e c h a r g e d i n t h e s a m e t r i a l i f t h e o f f e n c e i s
connected with such other offence on offences.
12. The Commssioner of Police or the Superintendent of
Police of the District concerned, as the case may be,
authorized in this behalf by general or special order shall
h a v e p o w e r t o d e c l a r e a n y p e r s o n o r p e r s o n s w h o i s
habitually or repeatedly involved in the activities punishable
under this Act, out of bounds from Telangana State, or any
p a r t t h e r e o f , f o r a p e r i o d w h i c h s h a l l n o t b e l e s s t h a n t e n
months or may extend to one year.
13. (1) Any offence punishable under this Act may either
before or after the institution of the prosecution, be
compounded by such officer or authorities with the approval
o f t h e s u p e r i o r o f f i c e r n o t b e l o w t h e r a n k o f D e p u t y
Commissioner of Police or the Superintendent of Police of
Removal of
person repeatedly
involved in acts of
touting or
malpractice.
(Central Act No.2 of
1974.)
Cognizance and
trial of offences.
Power of Court to
try cases
summarily.
(Central Act No.2 of
1974.)
Compounding of
Offences.
[Act No.10 of 2021] 7
t h e c o n c e r n e d D i s t r i c t , a s t h e c a s e m a y b e , a n d f o r s u c h
amount as the Government may, by notification in the
official Gazette, specify in this behalf.
 (2) Where an offence has been compounded under sub-
s e c t i o n ( 1 ) a b o v e , t h e o f f e n d e r , i f i n c u s t o d y , s h a l l b e
discharged and no further proceedings shall be taken
against him in respect of such offence.
14. A person accused of an offence under this Act, may fine
an application for plea bargaining in the Court in which such
offence is pending for trial and the provisions of Chapter
X X I - A o f t h e C o d e o f C r i m i n a l P r o c e d u r e , 1 9 7 3 s h a l l b e
applicable in this regard.
PART - IV.
MISCELLANEOUS.
15. No suit, prosecution or other legal proceeding shall lie
against the Government or any person or officer authorized
by the Government for anything which is in good faith done
or intended to be done under this Act.
16. The provisions of this Act shall be in addition to and not
in derogation of the provisions of any other law for the time
being in force.
17. (1) The Government may, by notification published in
t h e o f f i c i a l G a z e t t e , m a k e r u l e s f o r c a r r y i n g o u t t h e
provisions of this Act.
 (2) Without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following
matters, namely,-
  (a) Prescription of the form for forwarding a police
report under sub-section (1) of section 9 to the magistrate
Plea bargaining.
Protection of
action taken in
good faith.
(Central Act No.2 of
1974.)
Act not in
derogation of any
other law.
Power to make
rules.
8 [Act No.10 of 2021]
enpowered to take cognizance of the offence on a police
report.
  (b) Any other matter which is required to be, or may
be, prescribed.
 (3) Every rule made under this section shall immediately
a f t e r i t i s m a d e b e l a i d b e f o r e e a c h H o u s e o f t h e S t a t e
Legislature if it is in session and if it is not in session, in the
session immediately following for a total period of fourteen
d a y s w h i c h m a y b e c o m p r i s e d i n o n e s e s s i o n o r i n t w o
s u c c e s s i v e s e s s i o n s a n d i f b e f o r e t h e e x p i r a t i o n o f t h e
session in which it is so laid or the session immediately
f o l l o w i n g , b o t h t h e H o u s e s a g r e e i n m a k i n g a n y
modification in the rule or in the annulment of the rule, the
rule shall thereafter have effect only in such modified form or
sh al l stan d an nu ll e d, as th e c ase may be , so h ow e ve r th at
any such modification or annulment shall be without
prejudice to the validity of anything previously done under
that rule.
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