LexThe Himachal Pradesh Dramatic Performances Act,1964
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH DRAMATIC PERFORMANCES ACT,
1964
ARRANGEMENT OF SECTIONS
Sections :
1. Short title, extent and commencement.
2. Definitions.
3. Power to prohibit objectionable performances.
4. Power to prohibit objectionable performances temporarily.
5. Service of order of prohibition.
6. Penalty for disobeying order.
7. Penalty for disobeying prohibition.
8. Power to call for information.
9. Power to call for copy of purport of drama, etc.
10. Appeal to the High Court.
11. Saving of prosecutions under other laws.
12. Protection for acts done in good faith.
13. Power to make rules.
14. Repeal of Central Act XIX of 1876.
15. Savings.
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THE HIMACHAL PRADESH DRAMATIC PERFORMANCES ACT,
1964
(ACT NO. 4 OF 1964) 1
(Received the assent of the President on the 18 th March, 1964, and
was published in the Rajpatra, Himachal Pradesh (Ex tra-ordinary), dated the
28 th March, 1964, pp.129-133).
An Act to provide for the better control of public dramatic performances
in the State of Himachal Pradesh.
Amended, repealed or otherwise affected by,-
(i) H.P. Act No. 25 of 1969
2, assented to by the President on 13 th
September, 1969, published in the Rajpatra, Himacha l Pradesh
1. For Statement of Objects and reasons see the Ra jpatra, Himachal Pradesh (Extra-
ordinary), dated the 30 th January, 1964, p. 29. For its Authoritative Hindi Text see
the Rajpatra, Himachal Pradesh (Extra-ordinary), da ted 7 th June, 1986, pp. 984-
990.
2. The Act extended to the areas added to Himachal Pradesh under section 5 of the
Punjab Re-organisation Act, 1966 vide H. P. Act No. 25 of 1969.
THE HIMACHAL PRADESH DRAMATIC PERFORMANCES ACT, 1964 2
(Extra-ordinary), dated the 13 th October, 1969, p. 883-887.
(ii) The Himachal Pradesh Adoption of Laws (State and Concurrent
Subjects) Order, 1973, published in the Rajpatra, H imachal
Pradesh (Extra-ordinary), dated the 20 th January, 1973, pp. 91-
112.
WHEREAS it is expedient to provide for the better control of public
dramatic performances in the 1[State] of Himachal Pradesh;
BE it enacted in the Fifteenth Year of the Republic o f India as
follows:-
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Dramatic Performances Act, 1964.
(2) It extends to the whole of the 2[State] of Himachal Pradesh.
(3) It shall come into force on such date as the St ate Government
may, by notification, appoint in this behalf.
2. Definitions.- In this Act, unless the context otherwise requires.-
(1) "objectionable performance" means any play, pa ntomime or
other drama which is likely to-
(i) incite any person to resort to violence or sab otage for the
purpose of overthrowing or undermining the
Government established by law in India or in any St ate
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 o r his
duty, or prejudice to 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
(v) which is deliberately intended to outrage the religious
feelings of any class of the citizens of India by i nsulting
or by blaspheming or profaning the religion or the
religious beliefs of that class; or
(vi) is grossly indecent, or is scurrilous or obsc ence or
intended for blackmail.
Explanation I.- A performance shall not be deemed to be
1. Substituted for the words "Union Territory" vi de A. O. 1973.
2. Substituted for the words “Union Territory” vi de A.O. 1973.
THE HIMACHAL PRADESH DRAMATIC PERFORMANCES ACT, 1964 3
objectionable merely because in the course thereof words
uttered, or signs or visible representations are made, ex-pressing
disapprobation or criticism of any law or of any po licy 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 o r other
drama shall be considered as a whole.
(2) "Official Gazette" means the Rajpatra, Himacha l Pradesh;
(3) "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 witnes s a
performance.
1[(4) XXXXXXXXXXXXXXXX].
3. Powers to prohibit objectionable performances.- (1) Whenever
the State Government are satisfied that any play, p antomime or other drama
performed or about to be performed in a public plac e 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 pr incipal 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
Official Gazette.
(4) Any order made under the sub-section (1) may al so be notified by
proclamation and a written or printed notice thereo f may be affixed at any
place or places adapted for giving information of t he order to the persons
intending to take part in the performance so prohibited.
4. Power to prohibit objectionable performances temporarily.- (1)
The District Magistrate, if he is of opinion that a ny 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 pea ce, by order stating the
grounds for such opinion, prohibit its performance :
Provided that the District Magistrate may review hi s order 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 f or two months from the
making thereof :
1. The definition of "State Government" omitted vide A.O. 1973.
THE HIMACHAL PRADESH DRAMATIC PERFORMANCES ACT, 1964 4
Provided that the District Magistrate, may, if he i s 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.
5. Service of order of prohibition.- A copy of the order made under
section 8, sub-section (1), or under section 4, sub -section (1) or sub-section
(2), may be served personally or in such other mann er as may be prescribed
by rules made under section 13, on the organizers o r 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 occupi er of the public place, in
which such performance is intended 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 serv ed and who does, or willingly
permits, any act in disobedience of such order, sha ll, on conviction, be
punished with imprisonment for a term which may ext end to three months or
with fine which may extend to one thousand rupees, or with both.
7. Penalty for disobeying prohibition.- (1) Any person who after the
publication of an order under section 3, sub-sectio n (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 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 perfo rmance substantially the
same as the performance so prohibited, shall, on co nviction, be punished with
imprisonment for a term which may extend to three m onths, or with fine
which may extend to one thousand rupees or with both.
(2) Any person who being the owner or occupies, 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 convicti on, be punished with
imprisonment for a term which may extend to three m onths, or with fine
which may extend to one thousand rupees, or with both.
8. Power to call for information.- (1) For the purpose of ascertaining
the character of any intended play, pantomime or ot her drama, the State
Government, or such officer as they may empower in this behalf, may, by
order, require the organizers or other principal pe rsons 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 su ch 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 specifie d 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 XLV of 1860) (45 of 1860).
9. Power to and for copy or purport of drama, etc.- (1) If the State
THE HIMACHAL PRADESH DRAMATIC PERFORMANCES ACT, 1964 5
Government or the District Magistrate have or has r eason to believe that an
objectionable dramatic performance is about to take place, the State
Government or the District Magistrate, 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 any and so far as it is written, or
some sufficient account of its purport, if and so f ar as it is in pantomime, has
been furnished, not less than seven days before the performance, to the State
Government or the District Magistrate 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 o r willingly permits, any act
in disobedience of such order he shall, on convicti on, be punished with
imprisonment for a term which may extend to three m onths, or with fine
which may extend to one thousand rupees, or with both.
10. Appeal to the Court of the Judicial Commissione r.- Any
person aggrieved by an order under section 3, sub-section (1), or under section
4, sub-section (1) or sub-section (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 sect ion 4, sub-section (1) or
sub-section (2), is made, prefer an appeal to 1[the Judicial Commissioner,
Himachal Pradesh], and upon such appeal, he may pas s such orders as he
deems fit confirming, varying or reversing the orde r appealed for, and may
pass such consequential or incidental orders as may be necessary.
11. Saving of prosecutions under other laws.- Where no order
under section 3 or section 4 has been made in respe ct of any performance,
nothing in this Act shall bar a prosecution under t he Indian Penal Code
(Central Act XLV of 1860) (45 of 1860) or any other law.
12. 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 thereunder.
13. Power to make rules.- (1) The State Government may, by
notification in the Official Gazette, make rules to carry out the purposes of
this Act.
(2) All rules made by the State Government under su b-section (1)
shall, as soon as possible after they are made, be laid on the Table of the
Legislative Assembly of Himachal Pradesh.
14. Repeal of Central Act XIX of 1876.- The Dramatic
Performances Act, 1876 (Central Act XIX of 1876) in so far as it applies to
2[State] of Himachal Pradesh, is hereby repealed.
1. See paragraph 8 of A.O. 1973.
2. Substituted for the words "Union Territory" by A.O. 1973.
THE HIMACHAL PRADESH DRAMATIC PERFORMANCES ACT, 1964 6
15. Saving.- The repeal of the Dramatic Performances Act, 1876, by
section 14 shall not affect:-
(a) the previous operation of the said Act or anyt hing duly done
or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued
or incurred under the said Act; or
(c) any penalty, forfeiture or punishment incurred in respect of
any offence committed against the said Act; or
(d) any investigation, legal proceeding or remedy in respect of
any such right, privilege, obligation, liability, p enalty,
forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or rem edy may be
instituted continued or enforced and any such penal ty, forfeiture or
punishment may be imposed as if the said Act had not been repealed.
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