k < s W» i MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the\ 6th June 1964 G.S.R. 850,,—In exercise of the powers- conferred by section 2 of the Union Territories (Laws) Act, 1950 (30 of 1950), the Central Government.hereby extends to the Union territory of "Delhi, the Madras Dramatic Performances Act 1954 (Madras Act XXXIII of 1954),. as "at present in force in the State of Madras* sub-' ject.to the following-modifications, namely:— . MODIFICATIONS ,1. Throughout the Act, for the expression "State Government" unless than expression is by this notification directed to be. otherwise modified, the expression "Chief Commissioner" shall be substituted and there shall also be made in any sentence in which that expression occurs such consequential amendments as the rules of grammar may require.
2. Throughout the Act, for the expression "Fort St. George Gazette", the expression "Delhi Gazette" shall be substituted.
3. In sub-section (2) of section 1,-for the words "State of Madras", the words "Union territory of Delhi" shall be substituted.
4. In section 2, after clause (2), the following clause shall be inserted, namely:— "(3) "Chief Commissioner" means the Chief Commissioner of Delhi."
5. In section 4,-—
(i) in sub-section (1), for the words "The Commissioner of Police in the Presidency-town or the District Collector elsewhere", the words "The District Magistrate" shall be "substituted;
(ii) in the proviso to sub-section (1), for the words, "the;,officer, who passed "v. such order may review it", the words "the District Magistrate may review such order" shall be. substituted; and
(iii) in the provisos to., sub-section: (2), for the: words, "the Commissioner of Police or the District Collector, as the case may be,", the words "the District Magistrate" shall'be substituted.
6. In sub-section (1) of section 9,—
(i) for" thre'words'"or'in-'the ^Presidency-town, the Commissioner of Police ' o r - e l s ewhe re - the District Collector,- have or", the words "or the District Magistrate" shall be substituted;
(ii) for theInVords: '^triey or he"; the words/'-the Chief Commissioner or the .Distr ict Magistrate" shall be substituted, and . . . . . . .
(iii) fra?* triei words^to- the State Government, / ^Commiss ione r of Police m . ' • • - • • " . - • or the District Collector aforesaid", the words substituted.;
7. Subjection.--(2) of section 13 shall be omitted.
8, Section 14 shall be omitted.
to" him" shall*-'be 4-"" t V:.
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t . A N N E X X T R K ' u • - • - • ' ? • • • • THE MADRAS DRAMATIC PERFORMANCES ACT; 1954 AS EXTENDED TO ~» THE UNION TERRITORY OF DELHI.
(Madras Act XXXIII of 1954)* ^ , 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. Short title and extent.—(1) This Act may be called the Madras Dramatic Performances Aet,4954. s? - ... ---- -, -,— -_---u. . .„„..L.„„.: .. -, .„'.,
(2) It extends to the whole of the "Union territory of Delhi, <
2. Definitions.;—In this Act, unless the context otherwise requires—
(1) "objectionable performance" means any play, pantomime or other -v .:; ' 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 involv ing'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;
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 criti cism 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 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 a re admit tedtowitness a performance;
(3) "Chief Commissioner" means the Chief Commissioner of Delhi.
3. Power to prohibit objectionable performances.—(1) Whenever the Chief Commissioner is satisfied that any play, pantomime or other drama performed or about to be performed in a public place is an objectionable performance, he may, by order stating the grounds on which he considers 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 con duct 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.
, (31 Every order made under sub-section (1) shall be published in the Delhi <3azette. '• »-:-:'••• •-•K-i~- •-• i ""m \ w& 3 * • • • - - - • \ M k- - •[ -4iJ - \ i .,..<\.(£) Any order a » d e unde r sttD^sectioh: (1) may also, be notified by proclama tion and a. wri t ten o r p r in ted notice thereof ^may be affixed at any place or plaees> adapted for giving information* of the order to the persons intending to take p a r t in the performance so prohibited.
4. Pows-r to prohibit objectionable performances temporarily.—(1) The Distr ict , Magistrate may, if he is of opinion that any play, pantomime or other d rama performed or-about to be ^performed, being of the na tu re specified in section 2, i s likely to lead to a: breach of t h e peace, by order stating "the rounds for ' such jpinion, prohibit its performance!
Provided that the District Magistrate m a y review such order on" an application made by the person or par ty , affected by such order.
(2) Subject to any order made by the Courj; - on appeal ...under.„ section 1.0, an order undeir this section shall remain in force for two months from, t he making thereof: - r . . , . , Provided that the District Magistrate may, if he i s . of opinion tha t 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 hot exceeding two months at a t ime as may be specified in such order or orders. \ ' ? :
5. Service of order of prohibition,—A copy of the order made under section 3, sub-section (1), or under section 4, sub-section (1) or sub-section (2), may be served personally or in such other manner as; may be prescribed by rules made under section 13, on the organizers or other principal persons responsible for the conduct of or any person about to take par t in, the performance so prohibited or on the owner or occupier of t h e public plaice, in which such performance is intend ed to take: place.
6. Penalty for disobeying order.—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 i n disobedience of such order, shall, on conviction, be published 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. Penal ty for disobeying prohibition.—(1) Any person who, after 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 sub-section (2), is in force, organizes or is respcinsible for the conduct of, or who with the knowledge that such an order under section 3 or section 4 is in force takes par t 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.
8. Poweii" to cal l-for information.—(1) For the .purpose of ascertaining the character of any intended play, pantomime or other drama, the Chief Commis sioner. or much officer as he may empower in this behalf, may, by order, require the organisers or other principal persons responsible for the conduct of, or other persons abciut to t ake par t in, such play, pantomime or other drama or the author, proprietor of printer of the play, pantomime or other drama about to be perform ed. or the owner or occupier of the place in which it is intended to be performed, to furnish such information as the Chief Commissioner or such officer may think necessary. . ... '£ t
(2) Every person so required shall be bound to furnish the information to the best of his ability within t he t ime specified in such order and in case Of Contraven tion shall be deemed to have committed ah offence under section 176 of the Indian Penal Code (Central Act XLV of i 860 ) .
Q Poweir to call for copy of purport of drama, etc.—^(1) If the Chief Com missioner or the District Magistrate has reason to believe that : an objectionable dramatic performance is about to take place, the Chief Commissioner or the Districf Magistrate, as t he case may be, may, by Order, direct t ha t no such dramatic perfor mance shall take place in any public place within any area, ,unless a copy of the # ; : . 4 ' . . . . ',."„.'. '::...":.-; . , ' J - . . . : . . . : : " : : . : : : / " ' ^ - - • - • - . " •-. - / .,• ' " ~ . " piece, if "and so far as it'4is written, or some sufficient account of i t s purport, if and -so far as i t i s in pantomime, has been .furnished, not less t han seven days before the, performance, to him. :--'
(2) A copy of any order made under, -sufcHsee.ti.on (1)_-may-.be. served on 'the owner or occupier of the publ ic place in which such performance is intended to t ake place, and if thereafter he does or willingly permits, any act in disobedience of such order, he shall, on conviction, be punished with rimprisonment..for a t e rm which may extend; to three months, or with fine which may .extend to one thousand rupees, or with both. v .... , . ' . . . .
10. Appeal to High Court.—(1) Any persott aggrieved" by an order u n d e r section 3, tub-section (\), or under section 4, sub-section (1) or sub-section (2), may. wi th in . s ix ty days of : the. publication of such order under ' sec t ion 3, • sub section (3)r.- 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. Cour t ,may pass , such orders as i t deems fit confirming, varying or reversing the o rder appealed' from, and m a y pass sueh consequential or incidental orders .as. may be necessary.
(2) Evei.'y such appeal shall be heard by a Bench of not less than two Judges.
11. Saving of prosecutions -under other laws.-^Where' no order under section 3 or section 4 has been made in respect of any performance, .nothing in this Act shall b a r . a prosecution under the Indian Penal Code (Central Act XLV of 1860) or any oth ;r law.
12. Protection for acts done in good faith*—No suit, prosecution, or other legal proceeding jhall 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." *
13. Power to make rules.—(1) The Chief-Commissioner may, by notification in the Delhi C azettes make rules to carry out the purposes of this Act.
(2) * * * *
14. * * . . * . • * _'','" ;[Np. ...F.3/l/63-UTLr69.I K. R. PRABHU, By. Secy.
GMGIPND- \ 71M01HA—JC1204—18-7-64—200 http://-sufcHsee.ti.on http://_-may-.be