Madhya Pradesh Dramatic Performances Act, 1961
[Act No. 11
of 1961]
[15th March, 1961]
Received
the assent of the Governor on the 15th March, 1961 : Published in the Madhya
Pradesh Gazette, on the 31st March, 1961. For Statement of Objects and Reasons,
see Bill No. 24 of 1960, published in the Madhya Pradesh Gazette, dated the 5th
October, 1960.
An Act to
provide for the better control of public dramatic performances in the State of
Madhya Pradesh.
Be it
enacted in the Twelfth Year of the Republic of India as follows:
Section - 1. Short title and
extent.
(1)
This Act may be called the
Madhya Pradesh Dramatic Performances Act, 1961.
(2)
It extends to the whole of
Madhya Pradesh.
In this
Act, unless the context otherwise requires,-
(1)
"objectionable
dramatic performance" means any play,
pantomime or other drama which is likely to-
(i)
incite any person to commit any
act calculated to undermine the security of the State.
(ii)
incite any person to commit
murder, sabotage or any offence involving violence; or
(iii)
seduce any member of any of the
armed forces of the Union or of the police forces from his 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
(iv)
incite any section of the
citizens of India to acts of violence against any other section of the
citizens- of India;
or which-
(v)
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 class
and is likely to undermine public order; or
(vi)
is grossly indecent, or is
scurrilous or obscene or intended for blackmail;
Explanation I. - A dramatic
performance shall not be deemed to be objectionable merely because in the
course thereof words are uttered, or signs or visible representations are made,
expressing disapprobation or criticism of any law or of any policy of
administrative action of the Government with a view to obtain its alteration or
redress by lawful means.
Explanation II. - In judging whether
any dramatic performance is an objectionable dramatic performance, the play,
pantomime or other drama shall be considered as a whole;
(2)
"public
place" means any building or enclosure, or any
place in the open air or any pandal where the sides are not enclosed, to which
the public are admitted to witness a dramatic performance or which is in full
view of the public or to which public have access.
Section - 3. Power to prohibit
objectionable dramatic performances.
(1)
Whenever the State
Government is satisfied that any play, pantomime or other drama which is being
performed or is about to be performed in a public place, is an objectionable
dramatic performance, it may, by order stating the grounds on which it
considers the performance objectionable, prohibit the whole or any part of the
performance.
(2)
No order under sub-section
(1) shall be passed without giving a reasonable opportunity to the organizer or
other principal persons responsible for the conduct of the performance and to
the owner or occupier of the public place in which such performance is going on
or is intended to take place to show cause why the performance should not be
prohibited :
Provided
that this sub-section shall not apply where the State Government is satisfied
that for some reason to be recorded in writing it is not reasonably practicable
to give to the persons concerned an opportunity of showing cause.
(3)
Every order made under
sub-section (1) shall be published in the Official Gazette.
(4)
Any order made under
sub-section (1) may also be notified by proclamation and a written or printed
notice thereof may be affixed at any place or places adapted for giving
information of the order to the persons intending to take part in the
performance so prohibited.
(5)
The State Government may, on
its own motion or on an application made by any person or party affected by the
order under sub-section (1), review such order.
Section - 4. Power to prohibit
objectionable dramatic performances temporarily.
(1)
The Collector or any other
officer authorised by the State Government in this behalf may, if he is of
opinion that any play, pantomime or other drama which is being performed or is
about to be performed, is an objectionable dramatic performance and is likely
to lead to a breach of the peace, by order stating the grounds for such opinion
prohibit its performance in whole or part thereof :
Provided
that the officer who passes such order may review it on his own motion or on an
application made by the person or party affected by such order.
(2)
Subject to any order made by
the Court on appeal under Section 9, an order under this section shall remain
in force for two months from the making thereof :
Provided
that if the officer who passes the order under sub-section (1) is of the
opinion that the order should continue in force, he may extend the period
aforesaid by such further period not exceeding two months at a time as may be
specified in such order.
(3)
Every order made under
sub-section (1) or sub-section (2) shall be published in such manner as may be
prescribed.
Section - 5. Service of order of
prohibition.
A copy of
the order made under sub-section (1) or sub-section (2) of Section 4, or under
sub-section (1) of Section 7, may be served personally or in such other manner
as may be prescribed on the organizers or other principal persons responsible
for the conduct of, or any person about to take part in, the performance so
prohibited.
Section - 6. Penalty for disobedience
of order made under Section 3 or Section 4.
(1)
Any person who, after the
publication of an order under sub-section (3) of Section 3 or sub-section (3)
of Section 4 or after an order under sub-section (1) or sub-section (2) of
Section 4 is served on him, and during the period such order remains in force-
(a)
organises or is responsible for
the conduct of the performance prohibited thereby or any performance
substantially the same as the performance so prohibited; or
(b)
does or permits any act in
disobedience of such order; or
(c)
being the owner or occupier, or
having the use of any public place, opens, keeps or uses or permits the same to
be opened, kept or used for any such performance;
shall be
punished with imprisonment for a term which may extend to three months, or with
fine which may extend to one thousand rupees, or with both.
(2)
Any person who with the
knowledge that an order under Section 3 or Section 4 is in force takes part in
the performance prohibited thereby or any performance substantially the same as
the performance so prohibited shall be punishable with imprisonment for a term
which may extend to three months, or with fine which may extend to one thousand
rupees, or with both.
Section - 7. Power to call for
information.
(1)
For the purpose of
ascertaining the character of any intended play, pantomime or other drama, the
State Government, or such officer as it may empower in this behalf, may, by
order, require the organizers or other principal persons responsible for the
conduct of, or other persons about to take part in such play, pantomime or
other drama or the author, proprietor or printer of the play, pantomime or
other drama about to be performed, or the owner or occupier of the place in
which it is intended to be preformed, to furnish such information as the State
Government or such officer may think necessary.
(2)
Every person so required
shall be bound to furnish the information to the best of his ability within the
time specified in such order and in case of contravention shall be deemed to
have committed an offence under Section 176 of the Indian Penal Code, 1860 (XLV
of 1860).
Section - 8. Power to call for copy
of purport of drama, etc.
(1)
If the State Government or
the Collector, has reasons to believe that an objectionable dramatic
performance is about to take place, it or he, as the case may be, may, by
order, direct that a copy of the piece, if and so far as it is written, or
sufficient account of its purport, if and so far as it is in pantomime, be
furnished, not less than seven days before the performance to the State
Government, or the Collector.
(2)
A copy of any order made
under sub-section (1) shall be served on the organisers or other principal
persons responsible for the conduct of such performance or on the owner or
occupier of the public place in which such performance is intended to take
place, and if thereafter any such person contravenes such order, he shall be
punished with imprisonment for a term which may extend to three months, or with
fine which may extend to one thousand rupees, or with both.
Section - 9. Appeal to High
Court.
Any person
aggrieved by an order under sub-section (1) of Section 3 or under sub-section
(1) or sub-section (2) of Section 4, may, within sixty days of the publication
of such order under sub-section (3) of Section 3, or, as the case may be,
within sixty days of the date on which an order under sub-section (1) or
sub-section (2) of Section 4, is made, prefer an appeal to the High Court; and upon
such appeal, the High Court may pass such orders as it deems fit confirming,
varying or reversing the order appealed from, and may pass such consequential
or incidental orders as may be necessary.
Section - 10. Protection for acts
done in good faith.
No suit,
prosecution or other legal proceeding shall be instituted against any authority
or officer for anything which is in good faith done or intended to be done
under this Act or any rule made thereunder.
Section - 11. Powers to make
rules.
(1)
The State Government may,
after previous publication, make rules to carry out the purposes of this Act.
(2)
All rules made under this
Section shall be laid on the table of the State Legislative Assembly.
The
Dramatic Performances Act, 1876 (No. XIX of 1876) in its application to
Mahakoshal, Vindhya Pradesh and Bhopal regions, the Madhya Bharat Public
Amusements Act, 1951 (No. XVI of 1951), and the Rajasthan Dramatic Performances
and Entertainments Ordinance, 1949 (XXIX of 1949), in so far as it relates to
Sironj region, are hereby repealed.