Telangana act 004 of 1964 : The Telangana Prevention of Couching Act, 1964.

Section 1.Short title, extent and commencement.

(1) This Act may be called the ¹Telangana Prevention of Couching Act, 1964.

(2) It extends to the whole of the ¹State of Telangana.

1. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

Section 2.Definitions.

In this Act, unless the context otherwise requires,-

(i) ‘couching’ means the operative displacement by the use of a needle or other instrument, of the opaque crystalline lens of the eye until the lens no longer intercepts the line of vision;

(ii) ‘registered practitioner’ means a person registered under the ¹Andhra Pradesh (Andhra Area) Medical Registration Act, 1914 or any other law similar thereto for the time being in force in ²the State of Telangana.

1. Please see now the Telangana Medical Practitioners Registration Act, 1968 (Act No.23 of 1968), in which the 1914 Act was repealed.

2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

Section 3.Penalty for unlawful couching.

Whoever, not being a registered practitioner or not possessing a qualification entitling him to be registered under the relevant law relating to the registration of medicaI practitioners referred to in cIause (ii) of section 2, performs or attempts to perform couching on a person with or without his consent, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Section 4.Offence to be cognizable and bailable.

Notwithstanding anything in ¹the Code of Criminal Procedure, 1898, an offence under this Act shall be cognizable and bailable.

1. Please see now the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).

Section 5.Cognizance of offences.

(1) No Magistrate inferior to a Magistrate of the Second Class shall try any offence under this Act.

(2) No Magistrate shall take cognizance of any offence under this Act except,-

(i) upon a complaint in writing made by the person on whom couching was performed or an attempt to perform couching was made; or

(ii) upon a report of a police officer not below the rank of a Sub-Inspector; or

(iii) upon a report of any person or class of persons authorised by the State Government in this behalf.

(3) No Magistrate shall take cognizance of any offence under this Act, unless the prosecution is instituted within six months from the date on which the offence is alleged to have been committed.

Section 6.Repeal.

The Andhra Pradesh (Andhra Area) Prevention of Couching Act, 1945 is hereby repealed.