DRAMATIC
PERFORMANCES ACT, 1876 [REPEALED] THE DRAMATIC PERFORMANCES ACT, 1876 [Act, No. 19 of 1876][1]
Preamble 1 - DRAMATIC PERFORMANCES ACT,
1876
[AS ON 1956]
[16th December, 1876]
PREAMBLE
An Act for the better control of public
dramatic performances.
WHEREAS it is expedient to empower the Government
to prohibit public dramatic performances which are scandalous, defamatory,
seditious or obscene; It is hereby enacted as follows:--
Section 1 - Short title
This Act may be called the Dramatic
Performances Act, 1876.
Local extent.--
It extends to the whole of India[2][the territories
which immediately before 1st November, 1956, were comprised in Part B States]
{The words "And it shall come into
force at once" were rep. by Act 10 of 1914.}
Section 2 - Magistrate defined
In this Act "Magistrate"
means, in the Presidency-towns, a Magistrate of Police, and elsewhere the
Magistrate of the district.
Section 3 - Power to prohibit certain dramatic performances
Whenever the State Government is of opinion that
any play, pantomime or other drama performed or about to be performed in a
public place is--
(a) of a scandalous or defamatory nature, or
(b) likely to excite feelings of disaffection to the
Government established by law in {Subs. by the A.O.1948 for "British India
or British Burma"}[India] or
(c) likely to deprave and corrupt persons present at
the performance, the State Government, or outside the Presidency-towns {The
words "and Rangoon" were rep. by the A.O.1937} the State Government
or such Magistrate as it may empower in this behalf, may by order prohibit the
performance.
Explanation.--Any building or enclosure to which
the public are admitted to witness a performance on payment of money shall be
deemed a "public place" within the meaning of this section.
Section 4 - Power to serve order of prohibition. Penalty for disobeying order
A copy of any such order may be served
on any person about to take part in the performance so prohibited, or on the
owner or occupier of any house, room or place in which such performance is intended
to take place; and any person on whom such copy is served, and who does, or
willingly permits, any act in disobedience to such order, shall be punished on
conviction before a Magistrate with imprisonment for a term which may extend to
three months, or with fine, or with both.
Section 5 - Power to notify order
Any such order may be notified by
proclamation, and a written or printed notice thereof may be stuck up at any
place or places adapted for giving information of the order to the persons
intending to take part in or to witness the performance so prohibited.
Section 6 - Penalty for disobeying prohibition
Whoever after the notification of any such order--
(a) takes part in the performance prohibited thereby or
in any performance substantially the same as the performance so prohibited, or
(b) in any manner assists in conducting any such
performance, or
(c) is, in willful disobedience to such order, present
as a spectator during the whole or any part of any such performance, or
(d) being the owner or occupier, or having the use of
any house, room or place, opens, keeps or uses the same for any such
performance, or permits the same to be opened, kept or used for any such
performance,
shall be punishable on conviction before a
Magistrate with imprisonment for a term which may extend to three months, or
with fine or with both.
Section 7 - Power to call for information
For the purpose of ascertaining the character of
any intended public dramatic performance, the State Government, or such officer
as it may specially empower in this behalf, may apply to the author, proprietor
or printer of the drama about to be performed, or to the owner or occupier of
the place in which it is intended to be performed, for such information as the
State Government or such officer thinks necessary.
Every person so applied to shall be bound to
furnish the same to the best of his ability, and whoever contravenes this
section shall be deemed to have committed an offence under section 176 of the Indian Penal Code (45 of 1860).
Section 8 - Power to grant warrant to Police to enter and arrest and seize
If any Magistrate has reason to believe
that any house, room or place is used, or is about to be used, for any
performance prohibited under this Act, he may, by his warrant, authorize any
officer of Police to enter with such assistance as may be requisite, by night
or by day and by force, if necessary, any such house, room or place, and to
take into custody all persons whom he finds therein, and to seize all scenery,
dresses and other articles found therein and reasonably suspected to have been
used, or to be intended to be used, for the purpose of such performance.
Section 9 - Saving of prosecutions under Penal Code, sections 124A and 294
No conviction under this Act shall bar
a prosecution under section 124A or section 294 of the Indian Penal Code (45 of 1860).
Section 10 - Power to prohibit dramatic performance in any local area, except under license
Whenever it appears to the State Government that
the provisions of this section are required in any local area, it may {The
words "with the sanction of the G.G.in C." were rep. by Act 4 of
1914} declare, by notification in the Official Gazette, that such provisions
are applied to such area from a day to be fixed in the notification.
On and after that day, the State Government may
order that no dramatic performance shall take place in any place of public
entertainment within such area, except under a license to be granted by such
State Government, or such officer as it may specially empower in this behalf.
The State Government may also order that no
dramatic performance shall take place in any place of public entertainment
within such area, unless a copy of the piece, if and so far as it is written,
or some sufficient account of its purport, if and so far as it is in pantomime,
has been furnished, not less than three days before the performance, to the
State Government or to such officer as it may appoint in this behalf.
A copy of any order under this section may be
served on any keeper of a place of public entertainment; and if thereafter he
does, or willingly permits, any act in disobedience to such order, he shall be
punishable on conviction before a Magistrate with imprisonment for a term which
may extend to three months, or with fine, or with both.
Section 11 - Powers exercisable by Governor-General [Repealed]
Rep. by the A.O.1937.
Section 12 - Exclusion of performances at religious festivals
Nothing in this Act applies to any jatras or
performances of a like kind at religious festivals.
Amending Act I - DRAMATIC PERFORMANCES (DELHI REPEAL) ACT, 1963
THE DRAMATIC PERFORMANCES (DELHI REPEAL)
ACT, 1963
[Act, No. 35 of 1963]
[26th September, 1963]
PREAMBLE
An Act to provide for the repeal of the Dramatic
Performances Act, 1876, in force in the Union territory of Delhi.
BE it enacted by Parliament in the Fourteenth Year
of the Republic of India as follows:--
1. Short title.--
This Act may be called the Dramatic Performances
(Delhi Repeal)Act, 1963.
2. Repeal of Dramatic Performances Act, 1876.--
On and from the date on which the Madras
Dramatic Performances Act, 1954, (Madras Act XXXIII of 1954.) is extended
by notification under section 2 of
the Union Territories (Laws) Act, 1950, (30 of 1950) to the Union
territory of Delhi, the Dramatic Performances Act, 1876, (19 of 1876) as in
force in the Union territory, shall stand repealed.
3. Saving.--
The repeal of the Dramatic Performances Act, 1876,
(19 of 1876) by section 2 shall not affect--
(a) the previous operation of the said Act or anything
duly done or suffered there under; or
(b) any right, privilege, obligation or liability
acquired, accrued or incurred under the said Act; or
(c) any penalty, forfeiture or punishment incurred in
respect of any offence committed against the said Act; or
(d) any investigation, legal proceeding or remedy in
respect of any such right, privilege, obligation, liability, penalty,
forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding
or remedy may be instituted, continued or enforced
and any such penalty, forfeiture or punishment may be imposed, as if the
said Act had not been repealed.