MADRAS DRAMATIC
PERFORMANCES ACT, 1954 THE MADRAS DRAMATIC PERFORMANCES ACT, 1954 [ACT No. 33 of 1954[1]] [12th January, 1955] An Act to provide for the better control of public dramatic
performances in the State of Madras. Whereas it is expedient to
provide for the better control of public dramatic performances in the State of
Madras; Be it enacted in the Fifth
year of the Republic of India as follows:-- (1)
This Act may be called the Madras Dramatic Performances Act, 1954.
(2)
It extends to the whole of the State of Madras. In this Act, unless the
context otherwise requires -- (1)
"objectionable performance" means any play, pantomime or
other drama which is likely to (i)
incite any person to resort to violence or sabotage for the
purpose of overthrowing or undermining the Government established by law in
India or in any State thereof or its authority in any area; or (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; or (vi)
is grossly indecent, or is scurrilous or obscene or intended for
blackmail; This Act was extended to
the Kanyakumari district and the Shencottah taluk of the Tirunelveli district
by section 3 of, and the Schedule to, the Madras (Transferred Territory)
Extension of Laws Act, 1957 (Madras Act XXII of 1957), repealing the
corresponding law in force in that territory. Explanation I.--A
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 or
administrative action of the Government with a view to obtain its alteration or
redress by lawful means. Explanation II.--In judging
whether any performance is an objectionable 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 and
any pandal where the sides are not enclosed to which the public are admitted to
witness a performance. (1)
Whenever the State Government are satisfied that any play,
pantomime or other drama performed or about to be performed in a public place
is an objectionable performance, they may, by order stating the grounds on
which they consider the performance objectionable, prohibit 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 or to the owner or occupier of the public
place in which such performance is intended to take place to show cause why the
performance should not be prohibited. (3)
Every order made under sub-section (1) shall be published in the
Fort St. George 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. (1) The
Commissioner of Police in the Presidency-town or the District. Collector
elsewhere may, if he is of opinion that any play, pantomime or other drama
performed or about to be performed, being of the nature specified in section 2,
is likely to lead to a breach of the peace, by order stating the grounds for
such opinion, prohibit its performance: Provided that the officer
who passed such order may review it 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 10, an order under this
section shall remain in force for two months from the making thereof: Provided that the
Commissioner of Police or the District Collector, as the case may be, may, if
he is of opinion that the order should continue in force, by such further order
or orders as he may deem fit, extend the period aforesaid by such further
period or periods not exceeding two months at a time as may be specified in
such order or orders. A copy of the order made
under section 3, subsection (1), or under section 4, sub-section (1) or
subsection (2), may be served personally or in such other manner as may be
prescribed by rules made under section 13, on the organisers or other principal
persons responsible for the conduct of, or any person about to take part in the
performance so prohibited or on the owner or occupier of the public place, in
which such performance is intended to take place. Any person on whom a copy
of the order referred to in section 3 or section 4 is served and who does, or
willingly permits, any act in disobedience of such order, shall, on conviction,
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. (1)
Any person who, after the publication of an order under section 3,
sub-section (3), or during the period when an order made under section 4,
sub-section (1) or subsection (2), is in force organises or is responsible for
the conduct of or who with the knowledge that such 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, on
conviction, 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 being the owner or occupier, or having the use of
any public place, opens, keeps or uses the same for any performance prohibited
under section 3 or section 4, or permits the same to be opened, kept or used
for any such performance, shall, on conviction, 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. (1)
For the purpose of ascertaining the character of any intended
play, pantomime or other drama, the State Government, or such officer as they
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 performed, 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 (Central Act XX V of 1860). (1)
If the State Government or in the Presidency-town the Commissioner
of Police or elsewhere the District Collector, have or has reason to believe
that an objectionable dramatic, performance is about to take place, they or he,
as the case may be, may, by order, direct that no such dramatic performance
shall take place in any public place within any 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
seven days before the performance, to the State Government, the Commissioner of
Police or the District Collector aforesaid. (2)
A copy of any order made under sub-section (1) may be served on
the owner or occupier of the public place, in which such performance is
intended to take place and if thereafter he does or willingly permits, any act
in disobedience of such order, he shall, on conviction, 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. (1)
Any person aggrieved by an order under section 3, sub-section (1),
or under section 4, sub-section (1) or subsection (2), may, within sixty days
of the publication of such order under section 3, sub-section (3), or, as the
case may be, within sixty days of the date on which an order under section 4,
sub-section (1) or sub-section (2), 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. (2)
Every such appeal shall be heard by a Bench of not less than two
Judges. Where no order under
section 3 or section 4 has been made in respect of any performance, nothing in
this Act shall bar a prosecution under the Indian Penal Code (Central Act XLV
of 1860) or any other law. 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. (1)
The State Government may, by notification in the Fort St. George
Gazette, make rules to carry out the purposes of this Act. (2)
All rules made by the State Government under subsection (1) shall,
as soon as possible after they are made, be laid on the table of the Houses of
the Legislature. The Dramatic Performances
Act, 1876 (Central Act XIX of 1876), in so far as it applies to the State of
Madras, is hereby repealed. [1] For
Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary,
dated the 27th November 1954, Part IV-A, pages 299-300.
Preamble - THE MADRAS DRAMATIC PERFORMANCES ACT, 1954PREAMBLE