The ORISSA DRAMATIC PERFORMANCES ACT, 1962

*THE ORISSA DRAMATIC PERFORMANCES
ACT, 1962
ORISSA ACT 14 OF 1962
Received the assent of the Governor on the 10th May 1962, first published in an
Extraordinary issue of the Orissa Gazette, dated the 26th May 1962
AN ACT TO PROVIDE FOR THE BETTER CONTROL OF PUBLIC DRAMATIC
PERFORMANCES IN THE STATE OF ORISSA.
It is hereby enacted by the Legislature of the State of Orissa in the
Thirteenth year of the Re public of India as follows:-
1. Short title and extent.- (1) This Act may be called the Orissa Dramatic
Performances Act, 1962.
(2) It extends to the whole of the State of Orissa.
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, arson 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 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
*. Published vide Orissa Act 14 of 1962
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. Dated :  26th May 1962
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(iv) 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 criticism of any law or
of any policy or administra tive action of the Government with a view to obtain its
alteration or redress by lawful means.
Explanation II - In judging whether any perform ance 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 are
admitted to witness a performance.
3. Power to prohibit objectionable performances.- (1) Whenever
the State Government are satisfied that any play, pantomime or other drama
performed or about to be performed in a public place is an objectionable
performance, they may, by order stating the grounds on which they consider the
performance objectionable, prohibit such performance.
(2) No order under sub-section (1) shall be passed without giving a
reasonable opportunity to the organiser 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 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 Gazette.
(4) Any order made under sub-section (I) may also be 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 intending to
take part in the performance so prohibited,
4. Power to prohibit objectionable performances temporarily.- (1)
The District Collector may, if he is of opinion that any play, pantomime or other
drama performed or about to be performed, being an objectionable performance,
is likely to lead to a breach of the peace, by order stating the grounds for such
opinion, prohibit its performance:
Provided that the officer, who passed such order may review it on an
application made by the person or party affected by such order.
1[(1-a) For the purpose of ascertaining the character of any play, pantomime
or other drama, the District Collector or any other officer author ised by him in
that behalf, either generally or specially, may enter any public place where such
play, pantomime or other drama is being, performed and witness the same.]
(2) Subject to any order made by the Court on appeal under section 10, an
order under this section shall remain in force for two months from the making
1. Inserted by the Orissa Dramatic Performances (Amendment) Act, 1967 (Or. Act 14 of
1967), S. 2
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thereof:
Provided that the District Collector, may, if he is 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
sub-section (1) of section; 3 or under sub-section (1) or (2) of section 4 may be
served personally or in such other manner as may be prescribed' by rules made
under section 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.
6. Penalty for disobeying order. - Any person oil whom a copy of the
order referred to in section 3 or section 4 is served and who does, or willingly
permits, any act in disobe dience 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 thousand rupees, or with both.
7. Penalty for disobeying prohibition.- (1) Any person who, after the
publication of an order under sub-section (3) of section 3 or during the period
when an order made under sub-section (1) or sub-section (2) of section 4, 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.
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. Power to call for information.- (1) For the purpose of ascertaining
the character of any intended play, pantomime or other drama, the State
Government, or such officer as they may empower in this behalf, may, by order,
require the organisers 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 performed, or the owner or occupier of the place .in which it is intended to he
performed, to furnish such 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 with . in th5 time specified in such order and in case of
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contravention shall be deemed to have committed an offence under section 176
of the Indian Penal Code.
9.Power to call for copy of purport of drama, etc.- (1) If the State
Government or the District Collector, have or has reason to believe that an
objectionable dramatic performance is about to take place, they or he, 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 and so far
as it is written, or some sufficient account of its purport, if and so far as it is in
pantomime, has been furnished, not less than seven days before the performance
to the State Government or the District Collector.
(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 or willingly permits, any act in disobedience
of 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 thousand
rupees or with both.
10. Appeal to High Court.- (1) Any person aggrieved by an order under
sub-section (1) of section 3, or under sub-section (1) or sub-section (2) of section
4, may, within sixty days of the publication of such order under sub-section (3) of
section 3 or as the case may be, within sixty days of the date on which an order
under sub-section (1) or sub-section (2) of section 4, is made, prefer an appeal
to the High Court; and upon such appeal, the High Court may 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) Every 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 bar a prosecution under the Indian Penal Code or under 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 made thereunder.
13. Power to make rules.- (1) The State Government may, make rules
to out purposes of this Act.
(2) All rules made under sub-section (1) shall, as soon as possible after
they, are made, be laid before the Orissa Legislative Assembly for a total period
of fifteen days which may be comprised in one or more sessions and shall be
subject to such modifications as the Assembly may make during the said period.
14. Repeal of Central Act 19 of 1876.- The Dramatic Performances
Act, 1876 in so far as it applies to the State of Orissa, is hereby repealed.

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