MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 22nd August 1962 G.S.fl, 1136.—In exercise of the powers conferred by section 2 of the Uniott territories (Laws) Act, 1950 (30 of 1950), the Central Government hereby extends to the Union terr i tory of Tripura the Madras Dramatic Performance Act, 1954 (Madras Act XXXIII of 1954), as at present in force in the State of Madras, subject to the following modifications, namely:— Modifications
1. Throughout the Act, for the expression "State Government" unless that expression is by this notification directed to be otherwise modified, the expres- ;on "Chief Commissioner" shall be substituted and there shall also be made in ny sentence in which that expression occurs such consequential amendments as the rules of g rammar may require.
2. Throughout the Act, for the expression "Fort St. George Gazette", the expression "Tripura Gazette" shall be substituted.
3. In sub-s:ction (2). of section 1, for the words "State of Madras", the words "Union Territory of Tr ipura" 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 Tripura."
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;
(il) in the proviso to sub-section (1), for the words "the officer who passed such order may review it", the words "the District Magistrate may review such order" shall be substituted; and
(iii) in the proviso 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.
8. In sub-section (1) of section 9—
(i) for the words "or in the Presidency-town, the Commissioner .it Poli< or elsewhere the District Collector, have or", the words "i • the Dis trict Magistrate" shall be substituted;
(ii) for the words "they or he", I he words "'the Chief CfWUftissi i or ttis District Magistrate" shall be substi tuted' and
(iii) for the words "to the State Governmern., the Commissionei of Police or the District Collector aforesaid", the words "to him" shall be substituted.
1, In section 10,—
(i) in sub-section ft) , for the ordi the High Court" in the first place w lie re they occur, the words "the f:;,-at; yl 111 • • Judicial G tnmissioher of Tr ipura" shall be substituted; and tat the words "i1-;.' High Court" in the second place whei l n i • w-a\i, diu words "thai, court" shall be substi tuted; and
(ii) sub-section (2) shall be omitted, B. Sub-section t'2) of section 13 shall he nmlttea, & Section 14 shall be omitted.
ANNEXUKE ' Tii.'
THE MADRAS DRAMATIC PERFORMANCES ACT. 1954 AS EXTENDED TO THE UNION TERRITORY OF THIPURA MADRAS ACT 33 OF 1954 An Act to provide JOT the better control of public dramatic performances in the State of Vjadras.
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 Dramatiu Performances Act, 1054.
(2) It extends to the whole of the Union terr i tory of Tripura.
2. Definitions.—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 recruit ing of persons to serve in any such force or prejudice the discipline of any such fores; 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 i the citizens of India by insuLting or blaspheming or prefaning the religion or the religious beliefs of that class; or Cvi) is grossly indecent, or is scurrilous or obscene or intended for black mail;
Explanation I-—A performance shall not be deemed to be objectionable merely because in the course thereof words are uttered, or signs or visible representa tions 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 IT.—In judging whether any performance is an objectionable per formance, the play, pantomime or othei 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 aire idmitted to witness a performance.
(3) "Chief Commissioner" means the Chief Commissioner of Tripura.
3. Power to prohibit ohj^ctiosaWe 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 consid2r3 the performance objectionable, prohibit the performance (2J Mo order under sub-section (1) shall be passed without giving a reason- » nble opportunity to the organizer or other principal persons responsible for t h :
conduct of the performance or to the owner or occupier of the public place in yh\ n such performance is intended to tako place to show cause why the perform ance should not he prohibited.
(3) Iii very order made 'under sub-section (1) shall be published in the Tripura Gazette.
(4) Any ord^r made unci r sub-section ( i l may alro be notified by proclama tion and a" writ ten or printed noting thereof may be affixed at any place or places adapted for gh/uig information oi the order to the persons intending to take part in the performance so prohibited.
i. Pvwet ia pyohihli ©HcctvmsSJe performances temporarily.—(1) The Dis~ trict Magistrate roav, if he is of Bpnrtcn thai any olay. pantomime or other ^drama performed or about to be performed, being of the nat ion specified m sec Lion l, -'3 likely to lead to a breach of the neace h *™s opinion, prohibit its performance: P 6 ' b y o r d e r s t a t i « g the grounds for S u c h
Provided that the District Magistrate »«*-« ;* * should continue in force by such f S S L V f h e l s o f opinion that the o r rW extend the period aforesaid ? V ^ fe^S^J**1* fs * may d ^ m * £ months at a t ime as may bo i e d n e d in b o r d e r % | g g D O t S W S V f t 5, Service of order of prohibition A e*™, , .r ,1 sub-section (1) or u n d e r ^ c d o n 4,' S & 3 & 5 1) o r ^ . h " 1 8 ^ - u a d e r s e c t i ° * «• served personally or in such other mann. i as m - v h« , U b " S ^ c t i o n ^ may be under ;ect!on 13, on the organizer! o f l ^ L ^ Z l ^ t n Z ^ b y i u l e s ™«« w n a u e t of or any person about to take part in the n J S X S vesP°^ble for the zs&f&ii&jEz* °f the pubiic 3A t? "saraMSSS s r ^ - J ^ S ^ a copy of t h e order any act ut disobedience of such Grdsr^faaV on ^ n ^ W J ^ ^ ^ K 1 ^ ^ ^ httptiseanaeta for a term which may extend to I r w ™ ^ 5 £ ' b e P u s h e d with may extend to one thousand rupees, oVwlth both t h S ° r W l t h & l e wh*<=b ptder made under section 4, aab-Jse t ioTf t )?or lik-IeS^h?1?, ? e r i ^ w h e n a n te or ta responsible for the conduct o i r w h o " w i f e t h e k n o w l ^ ^ t ' ? r g a i V an order under section 3 or i ction 4 is in force t$&L ™t* • ^±. f l d f i e t h a t 3 u t ; h prohibited thereby or any performance i S S L S J l f f i a ^ P S E S * ance so nrohibited. shall, on conviction be nunishM «7w£ 1Z - performterm which moy extend to three months, or wUh fine w h S h Z ^ f / 0 1 a thousand rupees, or with both. winch may extend to one
(2) Any perron who being the owner or occunier or hauino *K« , x public place, opens, keeps, or uses the same s J ^ ^ & S S f f J & S S l % S L section 3 or section 4 or permits the same to be• c o e n e d S or used 1 ^ 1 ™ su ; n performance shall on conviction, be punished with i m o r i s o n m e n f o r a t ™ which may extend to three months, or with fine which m a f M S I ™ A e n n eand rupee-, or with both. wnicn may extend to one thou- U ' = / ? f S4 1JJ h i s a b H i t y W i t h i l - 1 *£e t i m e specified in ?uch ord« r and in rats* rt
(2) Every person so required shall be bound to furnish the m f o r m a S g character of any intended play, pantomime or other drama, the Chief Commia-
8. Power to call for information.-—(L) For the purpose of ascertaining t h .
Slozier, or such officer as he may empower in this behalf, may by order reaiii™ the organizers or o 'her principal persons responsible for the conduct of V oth*i* persons about to tnke par t in, such play, pantomime, or other drama or thi» 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 he> performed, to turni ;hi such information as the Chief Commissioner or such officer rn iv think necessary.
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http://3Jiia.ua oi 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 thou sand rupees, or with both.
• 10. Appeal to Court of the Judicial Csmniissioner.—(1) Any person aggrieved by an order under section 3, sub-section ( l ) t or under section 4, sub-section CI) or sub-section (2), may, within sixty days of the publication oi such order under section 3, sub-section (3), or, as the case may be, within sixty days of-the d?.te on which an order under section 4, sub-section (1) or sub-section (2), is made, prefer an appeal to the Court of the Judicial Commissioner, and upon such appeal, that-Court raav 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 ) *• •< . * * l i Saving of prosecutions WtoS.es other laws,—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 Panel Code (Central Act XLV of 1860) or any other law.
12 Protection for acts done in good faith.-No suit, P g * & ^ £ t ^ J g £ proceeding shall be instituted against any authority or officer for *gBaaa[ w t a g isI ingood faith done or intended to be done under this Act or any rule maac thereunder.
13 Power to make rolea—d) The Chief Commissioner may, by notification in the Tripura Gazette, make rules to carry out the purposes of this Act.
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14.
[No. F. 6/2/62-Judl.II/UTL-49.1 P. N. KAUL, Dy. Secy.
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