LexThe Telangana Prevention of Disfigurement of Open Places and Prohibition of Obscene and Objectionable Posters and Advertisements Act, 1997.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA PREVENTION OF DISFIGUREMENT OF OPEN
PLACES AND PROHIBITION OF OBSCENE AND
OBJECTIONABLE POSTERS AND ADVERTISEMENTS ACT, 1997.
(ACT NO. 28 OF 1997)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - II
Prevention of disfigurement of open places
3. Penalty for disfigurement by objectionable
advertisements.
4. Penalty for unauthorised disfigurement by
advertisements.
5. Punishment of abetters.
6. Power to remove, erase, pull down and destroy
objectionable advertisements.
CHAPTER - III
Prohibition of obscene posters etc.
7. Obscene Poster.
8. Prohibiting of printing, publishing or displaying obscene
posters.
9. Constitution of Authority for determination of questions
relating to obscenity of poster.
10. Penalty.
11. Power to make search and seizure.
2 [Act No. 28 of 1997]
12. Forfeiture.
13. Compounding of offences.
CHAPTER - IV
MISCELLANEOUS
14. Offences by companies.
15. Certain offences to be cognizable.
16. Cognizance of offences.
17. Protection of action taken in good faith.
18. Burden of proof in certain cases.
19. Power to issue directions.
20. Act to override other laws.
21. Power to remove difficulties.
22. Power to make rules.
THE TELANGANA PREVENTION OF DISFIGUREMENT OF
OPEN PLACES AND PROHIBITION OF OBSCENE AND
OBJECTIONABLE POSTERS AND ADVERTISEMENTS ACT,
1997.1
ACT No.28 OF 1997.
CHAPTER - I
PRELIMINARY
1. (1) This Act may be called the 2Telangana Prevention of
Disfigurement of O pen Places and Prohibition of Obscene
and Objectionable Posters and Advertisements Act, 1997.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the State
Government may, by notification in the 2Telangana Gazette,
appoint.
2. In this Act, unless the context otherwise requires,-
(a) “advertisement” includes any notice, circular, hand -
bill, label, wrapper or other document and also includes any
visible representation made by means of any light, sound,
smoke or gas;
(b) “authority” means an authority constituted under
section 9;
1. The Andhra Pradesh Prevention of Disfigurement of open Places and
Prohibition of Obscene and Objectionable Posters and Advertisements
Act, 1997 received the assent of the President on the 17 th November,
1997. The said Act in force in the combined State, as on 02.06.2014, has
been adapted to the State of Telangana, under section 101 of the
Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide.
the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45,
Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No.28 of 1997]
(c) “Government” means the State Government of
3Telangana;
(d) “notification” means a notification published in the
3Telangana Gazette and the word “notified” shall be
construed accordingly;
(e) “objectionable advertisement ” means any
advertisement:-
(i) which is likely to incite any pe rson to commit
murder, sabotage or any offence involving violence; or
(ii) w hich is likely to seduce any member of the
armed forces of the Union or of the Police forces from
allegiance or his duty, or prejudice the recruiting of persons
to serve in any such force or prejudice the discipline of any
such force; or
(iii) which is likely to incite any section of the citizens
of In dia to commi t an act of violence against any other
section of the citizens of India; or
(iv) w hich is deliberately intended to outrage the
religious feelings of any c lass of the citizens of India by
insulting or blaspheming or profaning the religion or the
religious beliefs of that else; or
(v) w hich is grossly indecent, or scurrilous or
obscene or is intended to black-mail.
Explanation:- An advertisement shall not be deemed
to be objectionable merely because words or signs or
visible representations are used,-
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
[Act No.28 of 1997] 3
(1) expressing disapprobation or c riticism of any law
or of any policy or administrative action of the Government
with a view to obtain its alteration or redress by lawful
means;
(2) criticizing any social or religious practice without
malicious intentions and with an honest view to pro mote
social or religious reform or social Justice;
(f) “place open to public vie w” includes any private
place or building, monument, stat ue, post -wall, fence, tree
or other thing or contrivance visible to a person being in, or
passing along, any public place;
(g) “poster” means any printed, typed, hand written,
cyclostyled or xeroxed matter or design or pictorial
representation usually meant to be displayed as a playcard
or pasted on any wall, building, hoarding or other place
open to public view wheth er by cinematograph exhibition or
otherwise but does not include the exhibition of a
cinematograph film inside the auditori um of a cinema
theatre;
(h) “prescribed” means prescribed by rules made
under this Act;
(i) “Public place ” means any place (including a road,
street or way, whether a thoroughfare or not and a landing
place) to which the public are granted access or have a right
to resort, or over which they have a right to pass.
CHAPTER - II
Prevention of disfigurement of open places
3. Whoever affixes to, or inscribes or exhibits on any
place open to public view any objectionab le advertisement
shall be punished with imprisonment of either description for
Penalty for
disfigurement by
objectionable
advertisements.
4 [Act No.28 of 1997]
a term which may extend to one year or with fine which shall
not be less than two thousand rupees but which may extend
to five thousand rupees or with both.
4. Whoever affixes to, or inscribes or exhibits on any
place open to public view any advertisement without the
written consent of the owner or occupier or person in
management of the property in which such place is situated
shall be punished with imprisonment of either description for
a term which may extend to three months or with fine which
shall not be less than one thousand rupees but which may
extend to two thousand rupees, or with both.
5. Whoever in any manner whats oever causes, procures,
counsels, aids, abets or is accessary to, the Commission of
any offence under section 3 or section 4 shall be punished
with the punishment provided for the offence.
6. (1) Any police officer not below the rank of a Sub -
Inspector or any other officer empowered in this behalf by
the Government may remove, erase, or otherwise pull down
any objectionable advertisement.
(2) Any advertisement removed or pulled down under
sub-section (1) or a photograph of any advertisement
erased under that sub -section shall be produced before a
Magistrate of the First Class and if, in the opinion of the
Magistrate, such advertisement is a n objectionable
advertisement, the Magistrate may cause the advertisement,
or the photograph thereof to be destroyed after giving an
opportunity, of hearing to the advertiser wherever he is
known and where he is not known after recording that fact,
but if in the opinion of the Magistrate such advertisement is
not an objectionable advertisement the Magistrate shall
dispose it of in the manner provided in sections 457, 458
and 459 of the Code of Criminal Procedure, 1973 or in the
Penalty for
unauthorised
disfigurement by
advertisements.
Punishment of
abetters.
Power to remove,
erase, pull down
and destroy
objectionable
advertisements.
Central Act 2 of 1974.
[Act No.28 of 1997] 5
case of an advertisement whic h is erased make an order
that it shall be restored at the cost of the Government.
CHAPTER - III
Prohibition of obscene posters etc.
7. A poster shall be deemed to be „obscene‟ if,-
(a) its effect is to tend to debase and corrupt persons
who are like ly, having regard to all relevant circumstances,
to read or see the matter contained or embodied in it;
(b) it holds out or recommends to the public anything
to be used as or suggestive of, a sexual stimulant;
(c) it undermines the accepted cannons of decency or
encourages vicious or immoral acts;
(d) it lowers the sacredness of the institution of
marriage or depicts scenes of rape, criminal assault on
women or other immoralities;
(e) it e xhibits the human form in a state of nudity or
indecorous or sensual posture; or
(f) it encourages lasciviousness or arouses impure and
lecherous thoughts.
8. Notwithstanding anything contained in any law or
contract to the contrary but subject to the provisions of this
Act, no person shall print, publish, distribute or display or
cause to be printed, published, distributed or displayed any
obscene poster relating to a cinema in any public place.
Prohibiting of
printing,
publishing or
displaying
obscene posters.
Obscene Poster.
6 [Act No.28 of 1997]
9. The Government may as soon as may be after the
commencement of th is Act, by notification constitute an
authority or authorities for the purpose of determining all
questions relating to obscenity of a poster.
10. Every person who contravenes the provision of section
8 shall, on conviction, be punishable with imprisonment
which may extend to six months or with fine which shall not
be less than two thousand rupees but which may extend to
five thousand rupees or with both.
11. (1) The Commissioner of Police in the twin cities of
Hyderabad and Secunderabad, Visakhapatnam and
Vijayawada and the District Collector elsewhere may,-
(a) enter and search at all reasonable times with such
assistance, if any, as he considers necessary any place in
which he has reason to believe that an offence pun ishable
under this Chapter, has been or is being committed;
(b) seize, and detain any material which he has
reason to believe contravenes any of the provisions of this
Chapter;
(c) examine any record, register, document or any
other material or object f ound in any place mentioned in
clause (a) and seize the same if he has reason to believe
that it may furnish evidence of the commission of an offence
punishable under this Chapter.
(2) Where any property is seized under sub-section (1),
such seizure shall be reported to a Magistrate forthwith, and
the provisions of Chapter XXXIV of the Code of Criminal
Procedure, 1973, shall apply to the custod y and disposal
thereof or as they apply to property referred to therein.
Constitution of
Authority for
determination of
questions relating
to obscenity of
poster.
Penalty.
Power to make
search and
seizure.
Central Act 2 of 1974.
[Act No.28 of 1997] 7
(3) The Commissioner of Police or the District Collector
may, by order, delegate the powers under this section to an
officer not below the rank of an Inspector of Police or a
Mandal Revenue Officer (Gazetted).
12. Where a person has been convicted by any court for
contravening any provision of this C hapter or any rule
relating thereto, the court may direct that any poster or other
document (including all copies thereof) , articles or things in
respect of which the contravention is made , shall be
forfeited to the Government.
13. (1) The Commissioner of Police in the twin cities of
Hyderabad and Secunderabad, Visakhapatna m and
Vijayawada and the District Collector elsewhere may accept,
from any person against whom a reasonable suspicion
exists that he has committed any offence punishable under
this Chapter, such sum of money as may be prescribed by
way of composition for the offence which such per son is
suspected to have committed.
(2) On the payme nt of such sum of money to the
Commissioner of Police or the District Collector, as the case
may be the suspected person, if in custody, shall be
discharged and no other proceedings shall be taken against
him.
CHAPTER - IV
MISCELLANEOUS
14. (1) Where an offence has been committed by a
company, every person who , at the time when the offence
was committed was in charge of and was responsible to the
company for the conduct of the business of the company,
as well as the company, shall be deemed to be guilty of the
offence, and shall be liable to be proceeded against and
punished accordingly:
Forfeiture.
Compounding of
offences.
Offences by
companies.
8 [Act No.28 of 1997]
Provided that nothing contained in this sub -section
shall render any such person liable to any punishment
provided in this Act, if he proves that the offence was
committed without his knowledge or that he exercised all
due deligence to prevent the commission of such offence.
(2) Notwithstanding, anything contained in sub -section
(1), where an offence under this Act has been committed by
a company and it is proved that the offence has been
committed with the consent or connivance of, or is
attributable to any gross negligence on the part of any
director, manager, secretary or other officer of the company,
such director, manager, secretary or other officer of the
company shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished
accordingly.
Explanation:- For the purpose of this section,-
(a) „Company‟ means any body corporate and includes
a firm or other association of individuals; and
(b) „Director‟ in relation to a firm means a partner in the
firm.
15. Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 the offences punishable under
sections 3 and 4 shall be deemed to be cognizable offences
within the meaning of that Code.
16. No court shall take cognizance of any offe nce
punishable under this Act except on a complaint filed, in the
twin cities of Hyderabad and Secunderabad,
Visakhapatnam and Vijayawada by the Commissioner of
Police or by any Police Officer not below the rank of an
Inspector of Police authorised by him in this behalf and
elsewhere by the District Collector or any Officer not below
Certain offences
to be cognizable.
Central Act 2 of 1974.
Cognizance of
offences.
[Act No.28 of 1997] 9
the rank of a Mandal Revenue Officer authorised by him in
this behalf.
17. No suit, prosecution or other legal proceeding shall lie
against the Government the authority any local authority or
any public servant or person, in respect of anything which is
in good faith done or intended to be done in pursuance of
this Act or of any rule made thereunder.
18. Where a person is prosecuted for committing an
offence under section 4, the burden of proving that he has
the written c onsent referred to in that secti on shall be on
him.
19. The Government may, from time to time, issue such
directions not inconsi stent with the provisions of this Act or
the rules made thereunder as they may think fit, setting out
the principles which shall guide the authority in discharging
its duties under this Act.
20. The provisions of this Act and the rules made
thereunder shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the
time being in force or any custom, usage or contract or
decree or order of a Court or other authority.
21. (1) The Government may for the purposes of removing
any difficulty, by order published in the 4Telangana Gazette,
direct that the provisions of this Act shall, during such period
as may be specified in the order, have effect subject to such
adaptations whether by way of modification, addition or
omission as they may deem necessary or expedient:
Provided that no such order shall be made after two
years from the commencement of this Act.
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Protection of
action taken in
good faith.
Burden of proof in
certain cases.
Power to issue
directions.
Act to override
other laws.
Power to remove
difficulties.
10 [Act No.28 of 1997]
(2) Every order made under sub -section (1) shall be
laid before the Legislature of the State.
(3) No order under sub -section (1) shall be called in
question in any court on the grou nd that no difficulty as is
referred to in sub -section (1) existed or was required to be
removed.
22. (1) The Government may by notification, make rules for
carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall, immediately
after it is made, be laid ,before the Legislature of the State if
it is in session and if it is not in session, in the session
immediately following for a total period of fourteen days
which may be comprised in one session or in two
successive sessions, and if before the expiration of the
session in which it is so laid or the session immediately
following, the Legislature agrees in making any modification
in the rule or in the annulment of the rule, the rule shall, from
the date on which the modification or annulment is notified,
have effect only in such modified form or shall stand
annulled, as the case may be, so however that any such
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
* * *
Power to make
rules.