(1) This Act may be called the 2Telangana Prevention of Disfigurement of Open 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, handbill, 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 17th 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 person to commit murder, sabotage or any offence involving violence; or
(ii) which 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 India to commit an act of violence against any other section of the citizens of India; or
(iv) which is deliberately intended to outrage the religious feelings of any class of the citizens of India by insulting or blaspheming or profaning the religion or the religious beliefs of that else; or
(v) which 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 criticism 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 promote social or religious reform or social Justice;
(f) “place open to public view” includes any private place or building, monument, statue, 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 whether by cinematograph exhibition or otherwise but does not include the exhibition of a cinematograph film inside the auditorium 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 objectionable 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 whatsoever 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.