The Dramatic Performance Act, 1961

The M.P. Dramatic Performances Act, 1961 
Act No. 11 of 1961 
 
[Dated 15th March, 1961]  
Received the assent of the Governor on the 15th Mar ch, 1961 : Published in the 
Madhya Pradesh Gazette, on the 31st March, 1961. Fo r Statement of Objects and 
Reasons, see Bill No. 24 of 1960, published in the Madhya Pradesh Gazette, dated 
the 5th October, 1960.  
An Act to provide for the better control of public dramatic performances in the State 
of Madhya Pradesh.  
Be it enacted in the Twelfth Year of the Republic of India as follows:  
1. Short title and extent.  - (1) This Act may be called the Madhya Pradesh Dramatic 
Performances Act, 1961.  
(2) It extends to the whole of Madhya Pradesh. 
 
Object & Reasons /UIdown/UIdown /UIdown/UIdown 
2. Definitions.  - In this Act, unless the context otherwise requires,- 
(1) "objectionable dramatic performance"  means any play, pantomime or other 
drama which is likely to- 
(i) incite any person to commit any act calculated to undermine the security 
of the State. 
(ii) incite any person to commit murder, sabotage o r 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 p rejudice 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 religio us feelings of any class of 
the citizens of India by insulting or blaspheming o r profaning the religion 
or the religious beliefs of that class and is likel y to undermine public 
order; or 
(vi) is grossly indecent, or is scurrilous or obscene or intended for blackmail; 
Explanation I.  - A dramatic performance shall not be deemed to be  objectionable 
merely because in the course thereof words are utte red, or signs or visible 
representations are made, expressing disapprobation  or criticism of any law or of 
any policy of administrative action of the Governme nt with a view to obtain its 
alteration or redress by lawful means.  
Explanation II.  - In judging whether any dramatic performance is a n objectionable 
dramatic 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 or 
any pandal where the sides are not enclosed, to whi ch the public are admitted 
to witness a dramatic performance or which is in fu ll view of the public or to 
which public have access. 
3. Power to prohibit objectionable dramatic perform ances.  - (1) Whenever the 
State Government is satisfied that any play, pantom ime or other drama which is 
being performed or is about to be performed in a pu blic place, is an objectionable 
dramatic performance, it may, by order stating the grounds on which it considers the 
performance objectionable, prohibit the whole or any part of the performance.  
(2) No order under sub-section (1) shall be passed without giving a reasonable 
opportunity to the organizer or other principal per sons responsible for the conduct of 
the performance and to the owner or occupier of the  public place in which such 
performance is going on or is intended to take plac e to show cause why the 
performance should not be prohibited :  
Provided that this sub-section shall not apply wher e the State Government is 
satisfied that for some reason to be recorded in wr iting it is not reasonably 
practicable to give to the persons concerned an opportunity of showing cause.  
(3) Every order made under sub-section (1) shall be published in the Official Gazette . 
(4) Any order made under sub-section (1) may also b e 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 inte nding to take part in the 
performance so prohibited.  
(5) The State Government may, on its own motion or on an application made by any 
person or party affected by the order under sub-section (1), review such order.  
4. Power to prohibit objectionable dramatic performances temporarily.  - (1) The 
Collector or any other officer authorised by the St ate Government in this behalf may, 
if he is of opinion that any play, pantomime or oth er drama which is being performed 
or is about to be performed, is an objectionable dr amatic performance and is likely to 
lead to a breach of the peace, by order stating the  grounds for such opinion prohibit 
its performance in whole or part thereof :  
Provided that the officer who passes such order may  review it on his own motion or 
on an application made by the person or party affected by such order.  
(2) Subject to any order made by the Court on appea l under Section 9, an order 
under this section shall remain in force for two months from the making thereof :  
Provided that if the officer who passes the order u nder sub-section (1) is of the 
opinion that the order should continue in force, he  may extend the period aforesaid 
by such further period not exceeding two months at a time as may be specified in 
such order.  
(3) Every order made under sub-section (1) or sub-s ection (2) shall be published in 
such manner as may be prescribed.  
5. Service of order of prohibition.  - A copy of the order made under sub-section (1) 
or sub-section (2) of Section 4, or under sub-secti on (1) of Section 7, may be served 
personally or in such other manner as may be prescr ibed on the organizers or other 
principal persons responsible for the conduct of, o r any person about to take part in, 
the performance so prohibited.  
6. Penalty for disobedience of order made under Sec tion 3 or Section 4.  - (1) 
Any person who, after the publication of an order u nder sub-section (3) of Section 3 
or sub-section (3) of Section 4 or after an order u nder sub-section (1) or sub-section 
(2) of Section 4 is served on him, and during the period such order remains in force- 
(a) organises or is responsible for the conduct of the performance prohibited 
thereby or any performance substantially the same a s the performance so 
prohibited; or 
(b) does or permits any act in disobedience of such order; or 
(c) being the owner or occupier, or having the use of any public place, opens, 
keeps or uses or permits the same to be opened, kep t or used for any such 
performance; 
shall be punished with imprisonment for a term whic h may extend to three months, 
or with fine which may extend to one thousand rupees, or with both.  
(2) Any person who with the knowledge that an order  under Section 3 or Section 4 is 
in force takes part in the performance prohibited t hereby or any performance 
substantially the same as the performance so prohib ited shall be punishable 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.  
7. Power to call for information.  - (1) For the purpose of ascertaining the characte r 
of any intended play, pantomime or other drama, the  State Government, or such 
officer as it may empower in this behalf, may, by o rder, 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 performe d, or the owner or occupier of 
the place in which it is intended to be preformed, to furnish such information as the 
State Government or such officer may think necessary.  
(2) Every person so required shall be bound to furn ish 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 1 76 of the Indian Penal Code, 
1860 (XLV of 1860).  
8. Power to call for copy of purport of drama, etc. - (1) If the State Government or 
the Collector, has reasons to believe that an objec tionable dramatic performance is 
about to take place, it or he, as the case may be, may, by order, direct that a copy of 
the piece, if and so far as it is written, or suffi cient account of its purport, if and so far 
as it is in pantomime, be furnished, not less than seven days before the performance 
to the State Government, or the Collector.  
(2) A copy of any order made under sub-section (1) shall be served on the 
organisers or other principal persons responsible f or the conduct of such 
performance or on the owner or occupier of the publ ic place in which such 
performance is intended to take place, and if thereafter any such person contravenes 
such order, he shall 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.  
9. Appeal to High Court.  - Any person aggrieved by an order under sub-secti on (1) 
of Section 3 or under sub-section (1) or sub-sectio n (2) of Section 4, may, within 
sixty days of the publication of such order under s ub-section (3) of Section 3, or, as 
the case may be, within sixty days of the date on w hich an order under sub-section 
(1) or sub-section (2) of Section 4, is made, prefe r an appeal to the High Court; and 
upon such appeal, the High Court may pass such orde rs as it deems fit confirming, 
varying or reversing the order appealed from, and m ay pass such consequential or 
incidental orders as may be necessary.  
10. Protection for acts done in good faith.  - No suit, prosecution or other legal 
proceeding shall be instituted against any authorit y or officer for anything which is in 
good faith done or intended to be done under this Act or any rule made thereunder.  
11. Powers to make rules.  - (1) The State Government may, after previous 
publication, make rules to carry out the purposes of this Act.  
(2) All rules made under this Section shall be laid on the table of the State Legislative 
Assembly.  
12. Repeal.  - The Dramatic Performances Act, 1876 (No. XIX of 1876) in its 
application to Mahakoshal, Vindhya Pradesh and Bhop al regions, the Madhya 
Bharat Public Amusements Act, 1951 (No. XVI of 1951), and the Rajasthan Dramatic 
Performances and Entertainments Ordinance, 1949 (XX IX of 1949), in so far as it 
relates to Sironj region, are hereby repealed.  
 

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