The Andhra Pradesh Prevention of Disfigurement of Open Places and Prohibition of Obscene and Objectionable and Advertisements Act, 1997

Short title, extent and commencement.

1. (1) This Act may be called the Andhra Pradesh Prevention of Disfigurement of Open Places and Prohibition of Obscene and Objectionable Advertisements Act, 1997.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.

Definitions. In this Act, unless the context otherwise requires,—

1. (a) "advertisement" includes any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction;
2. (b) "obscene and objectionable" means any advertisement which is indecent, or is likely to deprave or corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, or is a gross violation of decency or morality;
3. (c) "place open to public view" includes any private place or building, monument, statue, post, wall, fence, tree or contrivance visible to a person while in or passing along any public place;
4. (d) "poster" includes any printed, typed or written notice, bill, placard or scaffold;
5. (e) "public place" means any place (including a road, street, way or other place, 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.

Prohibition of disfigurement of open places:

1. (1) Whoever affixes to, or inscribes or exhibits on, any place open to public view any poster, placard, board, notice, object, or representation for the purpose of advertisement or otherwise, without the written consent of the owner or the person in possession or control thereof, shall be punished with imprisonment of either description for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
2. (2) Whoever knowingly permits, authorises, condones, or facilitates the commission of any act referred to in sub-section (1), shall be deemed to have committed such act and shall be punished accordingly.

Penalty for disfigurement of open places: Whoever causes any defacement in any place open to public view by painting or writing or in any other manner shall, on conviction, be punished with imprisonment of either description for a term which may extend to six months or with fine which may extend to one thousand rupees or with both:

Prohibition of exhibition of obscene and objectionable advertisements Prohibition of exhibition of obscene and objectionable advertisements:

1. (1) No person shall exhibit or cause to be exhibited to public view any advertisement which is obscene or is, in the opinion of the Government, objectionable.
2. (2) An advertisement shall be deemed to be objectionable for the purposes of this Act if it is likely to:
   • (a) incite any person to commit violence or murder or mischief or any other offence; or
   • (b) seduce any person from his allegiance or duty or incite any person to commit an offence which is prejudicial to the sovereignty and integrity of India or the security of the State; or
   • (c) outrage or insult religious feelings of any class of citizens of India by insulting or blaspheming or profaning the religion or the religious beliefs of that class; or
   • (d) undermine the morality of the public or is indecent or scurrilous or is intended to blackmail.

Penalty for contravention of Section 5: Any person who contravenes the provisions of Section 5 shall, on conviction, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.

Punishment for abetment.— whoever abets any offence punishable under this Act shall, if the act abetted is committed in consequence of the abetment, be punished with the punishment provided for the offence.

Offences by companies.—

1. (1) Where an offence punishable under this Act has been committed by a company, every person who, at the time 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: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where any offence punishable 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 neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.— For the purposes 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.

Power to remove disfigurement.-

1. (1) Subject to such rules as may be prescribed, the District Magistrate or any officer authorised by the Government in this behalf, may, if he is satisfied that any place is disfigured by any advertisement in contravention of the provisions of this Act, take such steps as may be necessary for removing or erasing such advertisement and the expenses incurred on such removal or erasure shall be recovered from the person who caused such advertisement to be displayed.
2. (2) The recovery of any expenses incurred under sub-section
3. (1) shall be made in such manner as may be prescribed.

Cognizance of offences.- No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a police officer or by an officer authorized by the Government in this behalf.

Act to override other laws. — The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

Power to make rules. —

1. (1) The Government may, by notification, make rules to carry out all or any of the purposes of this Act.
2. (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislative Assembly 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 Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date of notification of such modification or annulment 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.

-1 13. Repeal of Ordinance 2 of 1997. — The Andhra Pradesh Prevention of Disfigurement of Open Places and Prohibition of Obscene and Objectionable Advertisements Ordinance, 1997 is hereby repealed.