The Tamil Nadu Dramatic Performances Act, 1954

The Tamil Nadu Dramatic Performances Act, 1954 Act 33 of 1954 Keyword(s): Objectionable Performance, Public Place DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. - - + . . -. *-. . - -- . - - 1954 :T .NbA ct XXXIIT] Dramatic Y e v f o u m ~ f i3~3~1~ [TAMIL NADU] ACT No. XXXIII OF 19542 [THE ~ T T A MN~ A, DUD] RAMATPIECR FORMANATC T, 19541. , .A (Recieved the assent of 'the Governor on the 1st January 1 9.55 : first published in the Fort St. G-ore Gazit t e on the 12th January 1955.) 8 C An Act to provide for the better control of public dramatit . performances in the '[State cf "hmil Nadu] WHEREAitS i s expedient to provide for the better control of public dramatic perfo~mancesi n the "[State of Tamil Nadu] ; I BE it enacted in the Fifth year of the Republic of India I >I as follows :- - i I. (1) This Act may be called the ?[Tamil Nadu] short I& Dramatic Performances Act, 1954. and extent, 14 ' (2)'I t extends to the whole of th'e ?[:St ite of Tamil . Nad u] .. ____ - -- -. .------ -. 1 . ' 1. These wards were substituted for the word Madras by the - Tamil Nadu Adapt at ion of Laws Order, 1969, a " s a~mend f e i db y the $6 + Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. 2. For Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary, dated the 27t h Noveniber 1954, Part IV-A, pages 299-300. a This Act was extended to the Kanyakumari district and the '~hencottahta luk of the Tirunelveli district,by section 3 of, and the Schedule to, the Tamil Nadu (Transferred Territory) Extension , A of Laws .Act, 1957 (Tamil Nadu Act .XXII of .1957), repealing the , corresponding law in force in that territory. s , \ This ct bas extended to the added territories by section 3 of, .- and the lrst Schedule to, the Tamil Nadu (Added Territories) E* : tension of Laws Act, 1962 (Tamil Nadw Act 14 of 1962), rapesling the corresponding law in force in those territories, - ' 8, 1 This expression was substituted fm the expression '' State of Madras by the Tamil Nadu Adaptation of Laws Order, 1969. as dmended by the Tamil Nadu Adaptation of Laws (Secand Amend- ment) Order, 1969. % 125-L22 (I! " objectionable performance " malls any play, pantomime or 0th-r drama which is likely to- (i) incite any person to resort to vidlence or sabotage for the Furpose of overthrowing or undermining the Government esxablisbed by law in India ar in any State thereof or its autl~orityin a!Py ~ c c a; c:j; (ii) incite ally pcrson to com~nitm urder, sabotage or any offence involving violmce ; or I (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 prejud;co. the recruiting of persons to serve in any such force or prcjjudice the dtscipl;ne of any such force ; or (iv) itlcito any scction of ttte citizetls of India to acts of violencc agairst any other scction of the citizens of India ; or whicl.1- ( 1 is delibe:.httlj* intend~dr o outranc the religious feeling of an; ils ,. :he citircn; f r V in:ulting I-.I or ~I~:~!,~J/I(; I I jr I IfIjr~o~!:;tr;t ~fi;; tI16; ~!;IJ;;I~~Io r l/l<: ~C~J!;I~,IJ~ belief's or tlxrt ~ l i ~ s; o '[(vi) is grobsly i:lclccent, or is scurrilous or obscene or intended for blacklriail ; and includes any indecent or obscene dance.] Explanation 4.--A performance shall not be deemed to be objectionable ~llerelyb ecause in the course thereof words are uttered, or signs or visiblr: representations are made, expressing disapprobation or criticism of any law or of any policy or administr~tivea ction of the Government with a view to obtaiu its alteration or redress by lawful means. - -- -- -- " ._..-_ -- -I-----. I, This clause was substituted for the arigina: clause by section 2 (1) of the Tamil Naca Dramatic Performances (Amendment) Act, 1979 (Tamil Nadu Acl 13 of 1979.) -- w * & '* - &- - - - -- &---* -- I - : cf XxxIfI] Drat)zatic .Pet$otm~nces .339 3 t R (2) No order under sub-section (1) shall be passed withbut 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 takebplacet o show "use why the performance should not be prohibited. , (3) Every order made under sub-section (1) shall be published in the Fort St. George Gazette.* * - - t emphraril y. ted by saction G (2)' 0" the Tamil endment) Act, 1979 (Tamil Nadu in section 2, is lillely to lead to a breach of the peace, by order stating t h ~gro unds for such opinion, piohibit its parfor~lla~lc:e Provided t k t the officer who passed such order nlay review it on an application made by the person or partjr affected by such order. (2) Subject to any order lnadt by the Court on appeal irndcr scction 10, itit ordcr undci tllis scclioil sl~alir ctnain in for .** 1.0~ two ilro~tlhsf ro111t .11~' ill;tt\in:) III~I-CO~': Provided that the Comnlissioner of Police or the District: Ccllector, us 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 lit, extend the period aforessid by such further period or periods no; exceeding two i~~or~atth as time as may be specified in such order or ~ ~ r t l ~ r * ~ , Servic tof 5. A copy of the ordcr inade under section 3, sub- order of section (I), oi ur~ders ection 4, sub-section (1) or sub- prohibition*s ection (2), may be served personally or in such other manner as may b: piescribed by rules made under sbction 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. penalty tr 6. Any per :on on whom a copy of the order referred to disobeying in section 3 or sect-ion 4 is served and who does, or willingly mder. ~~rmirasn,y 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 tho~r;:ii~rudp ees, or with. both. p~nzltyfo r 7. (1) Any person who, after the publication of an dis?b:ring order undel secticn 3, sub-sectioa U), or d~iringth e period proh~bition-w hen an order made nnder section 4, sub-section (1) or sub-section (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 per for mance prohibited thereby or a y' performance I? * a' - . . .- e- 1954: T.N: Act XXXI~I] Dramqtic Pevormances 341 l substantially the same as the performance so prohibited, hall, on 'conviction, be punished with imprisonment for . term which may extend to three~months,o r with 'fil~ew hich may extend to one thousand rupees, or with both. * 4 (2) Any person who being the owncr or occupier, or having the use of any public place, open kesps or i, ' uses- the same for any performance prohibited under section 3 or sectio~L , or n~rmitst he same tc be opened, ept or used for any such-p erfor~ance, , on conviction, l ~ epu nished with imprisonment .for a , which may exter d to three months, or with fine which may extend to one tllousand rupees, or with both. . $ 4 . - 8. (1) For tlie purpose of ascertaining the chaiacter of Power to any intended play, pantomime or other drama, .the S t t h a i te s: .fc!a'lrl mfoar- Government, or such officer as they may empower in behalf, may, by order, require the organisers or other ' yrirrciptll 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, : I ! or the owner or occupier of the place in which it is intended to be performed, to furnish such information as the State + . - . kt Government or such officer may think necessary. -,- " * v \. t Every person so required shall be bouh - d to furnish ' ' - ,= :. i.-, mation to ,the best of, his ability wit in the ,rime . - 2. a ia such order and in cask of contraventiod shall ;. C ., *.. d c;x emed to have committed an offence under ~ection1 76 . - ' " $, .iL+ . . e Indian Penel Code (Central Act XLV of 1860). < 9. (1) If the State Government or in the Presidency- Poweito ' the Commissioner of Police or elsewhere the District I $ {::; ector, have or has reason to believe that an *objection- of of - . , dramatic performilnce is about to take place, the.,{o r he, dram,, etc. the case may be, may, by order, direct that no such ramatic performance shall take place in any public place hin any area, unless a copy of the piece, if and so far i s ritten, or some sufficient account of its purport, if and as. it is in pantomime, has been furnished, not less ven days before thr: performance, to the State ent, the Commissioner of Police or ,the ,District . aforesaid, I ' (2) A copy of any ord-r made under sub-section (1) may be served OILt he ownel or occupier of the public place, ,.:.ich such perforlnancc is intcaded to take place ill allcl if thcrcafter he does or willingly permits, any act in disobedience of s.uch order, he shall, on conviction, be punished with ilnp:isonment for a term ivhich ma;. extend to three months, or with fine which may extend to one thousand rupees, us vvjli~b ot11. AS;>.:~lt o 10. (1) Any person aggrieved by an order under section . iigh 3, sub-section (11, or under section 4, sub-section (1) or sub-section (2), mity, within sixty dlrys of the publication luct* of such order under section 3, sub-section (3), or, as the case may be, within sixty daygof the date on which :n order under section 4, sub-section (I) or sub-,section (21, is made, prefer an appeal to the High Court : and upoil such appeal, the High Court mEcy pass such oiders as it deems fit con- firming, varying rev~rsingth e order appealea from, and 02 may pass such consequential or incide~:tirl crd~rsa s may be necessary. (2) Every such appeal shall be heard by a Bench of not less than two Judges. Savingif 11. Where n3 order under section 3 or section 4 has prosecut- been inade in respect of ally performance, nothing in this ions under Act shall bar il prosecution under the Indian ,Penal Code other laws. * (Central Act XLV of 1860) or any other law . , 12. No suit, prosecutioll or other legal proceeding for acts shall be instituted against any authority or officer for any- don? ln thing which is in good faith done or intended to bs done good under this Act or any rule made thereunder. Pokerto 13, (1) The St?.te Government may, by notification malie rules. in the *Fort St. George Gazette, make rules to carry out the purpose of this Act. (2) All rules made by the State Government under sub-section (1) shall. as soon as possible after they are mde, be laid on the iaL% of the Houses of the Legislatore. Repe-l of 14. Tllc Dra~l~aPtejr~fo~r mances Act, 1 476 (Central .:. Cenfr:l-qcr ,-< !fq<l - . - -- - . 5- :* :w* +:. k % - : - - 5 * X :,- IS - I - -- *:--::- --- - - - - - - 1 * $ - - -* I- - . - -" . - * & . - "* - * a* - "- -* - - c . . ' * - " " - . / - - ? - . 5 * ,- -- . - , :. :'r,*2"y,$ 9+ SG'": :z L'i, ;.. . . "gLter/:i?id:;: G*::c::b, A---- *&, & 1 This I ,ilb.:itiited f i ~ii h c ib?., .:r>i,,.i! s4 4.f a M m a e d n r d a 4 s d " b y b y t h r e t:e T 'i s " i r y rn i l l i N ? a i ~ .? l ~ tl i A uA d d a a p , t a ' ti ' o : n r:; a- 1.- 2 . % :< xi,,. 5 (9 r : 7 ~ ! d :1 i w n , c lA 1 9 m 68 e , n a d s . went) Qrdcr, 1969,